Royal Navy: Deployment

Lord Tunnicliffe Excerpts

Monday 2nd July 2018 Lords Chamber

[Earl Howe]

My Lords, in due course we certainly hope to do so, but it is too early for me to comment on their precise deployments at this stage.

[Lord Tunnicliffe (Lab)]

My Lords, this is the most significant deployment for a generation. Did SDSR 2015 envisage such deployments and what deployments have been abandoned to provide resources for them?

[Earl Howe]

My Lords, no deployments have been abandoned, but one of the expressed aims of SDSR 2015 was for defence policy to be international by design, which includes working closely with our partners and allies. Ultimately, both our allies and the nations in the region will judge the UK by our actions. The deployment of Royal Navy ships shows that we have both the will and the capability to deploy naval power to the region in support of our friends.

Defence: Helicopters

Lord Tunnicliffe Excerpts

Thursday 14th June 2018 Lords Chamber

[Earl Howe]

My Lords, I am afraid I shall have to write to my noble friend on that issue as it is not in my brief.

[Lord Tunnicliffe (Lab)]

My Lords, in researching this Question I discovered the defence industrial policy December 2017, which I believe is the latest statement of the Government’s intentions. I word-searched it for the word “helicopter”, which appeared under two pretty pictures and nowhere in the main text. Are we really going to get by the middle of July in the modernising defence programme a definitive answer to the original Question?

[Earl Howe]

I might suggest that the noble Lord should turn his attention to the Government’s industrial strategy White Paper as well. We are very alive to the issue he raised concerning helicopters. We are committed to keeping the UK as a leading aerospace nation. The industrial strategy White Paper identifies a range of cross-government measures to boost productivity, employment, innovation and skills. Indeed, my honourable friend Philip Dunne has recently completed a review of prosperity arising from our defence industries which will help to inform our future thinking in this area.

Armed Forces Act (Continuation) Order 2018

Lord Tunnicliffe Excerpts

Tuesday 20th March 2018 Grand Committee

[Lord Jones (Lab)]

My Lords, I thank the noble Earl for his skilful introduction. It is always hard to follow him, and I totally support the draft order. I hope that the Ministry of Defence can get the extra funding that our splendid forces need and deserve.

It is always good to follow the noble Lord, Lord Campbell, particularly when he is in history mode. It requires to be said that in 1649, after the King was executed, by the March following that January, the monarchy was abolished and, days later, your Lordships’ House was abolished. The Lord Protector was in such a pickle that he had to restore your Lordships’ House. Of course, it was a nominated House and nowhere near the size of the current House of Lords—I believe it had no more than 70 Members and on the vesting day, only 34 arrived.

Historically, Britain—England—has looked askance at a standing army, and it bears reading into the record what is said in paragraph 7.1 of the helpful memorandum, which enables one to support the draft order:

“The Act provides nearly all the provisions for the existence of a system for the armed forces of command, discipline and justice. It covers matters such as offences, the powers of the Service police, and the jurisdiction and powers of commanding officers and of the Service courts, in particular the Court Martial. It also contains a large number of other important provisions as to the armed forces, such as provision for enlistment, pay and redress of complaints”.


But we are but a handful of your Lordships’ House—so few of us on such very important matters. It would perhaps have been better if we were on the Floor of your Lordships’ House—in the Chamber—but that is but a modest opinion.

Again for the record, the memorandum states at paragraph 7.4:

“The obligation of members of the armed forces is essentially a duty to obey lawful commands … They have no contracts of employment, and so no duties as employees”.


Rightly, the Minister said that without the 2006 Act, the powers and procedures under which the duty to obey lawful commands is enforced would no longer have effect.

These matters are of huge importance to tens of thousands working in our Armed Forces, giving wonderful, loyal service to sovereign and Parliament.

It just happens that, by serendipity, today’s newspapers —the Times and the Daily Mail, for example—report a specific case where a judge refers to our Royal Military Police and its current shortcomings. The headline in the Times is: “‘Flawed’ inquiry into army abuse collapses”. The report, which is more serious than its headline, is on page 14 of today’s Times. It relates, by serendipity, to what these paragraphs refer to. That is why I have read them out, in the knowledge that, although this Committee is very important, these matters may well have been considered by the Minister and the House in the Chamber.

We should be grateful to the noble Lord, Lord Campbell. When the nation sent for William of Orange and Queen Mary, William brought with him 12,000 soldiers who landed on our southern shores. It was a remarkable, unopposed invasion which included German mercenaries and other continental soldiers. Parliament would be foolish to allow the most important of measures to just come by. It is our national history. As the noble Lord, Lord Campbell, reminded us, it is remarkable that 12,000 foreign soldiers came to our southern shores with our Queen Mary and her husband.

[Lord Tunnicliffe (Lab)]

My Lords, I thank the noble Earl for introducing this order. I note the excellence of the Explanatory Memorandum. In previous years, we have had esoteric conversations about what would happen if we did not pass the order. This time, we are told. We could not tell them to go and get Ted. I fully support the order and, in doing so, also pay tribute to the men and women of our Armed Forces. Like other noble Lords, I have looked at the original documentation. The national archive refers to the Bill of Rights 1688 as, “1688 CHAPTER 2 1 Will and Mar Sess 2”. If you dive into it, there are two references to a standing army. The second says that,

“the raising or keeping a standing Army within the Kingdome in time of Peace unlesse it be with Consent of Parlyament is against Law”.

Why was that clause put in? They were turbulent times: it was an armed invasion and there were some clashes, but it ended up with a deal between William and Mary and Parliament. Why would Parliament at that point be so concerned about not having a standing army? In those turbulent times, a standing army was the means by which the Crown was able to impose its will on the people. There was, therefore, a strong movement for standing armies to be under the control of Parliament and to be illegal without its approval.

I do not think we are that worried any longer about a standing army imposing the will of the Crown, or even Parliament, on the people. However, this annual event gives an opportunity for a short annual review of the Armed Forces and their administration. Sadly, the Armed Forces are in a sorry state at the moment. They are underfunded by—I think the consensus figure is—about £2 billion per annum. Because of the financial constraints, some of the Armed Forces are undertrained. Morale is bravely measured each year by the Ministry of Defence, and has fallen in recent years.

I will concentrate today on how the Armed Forces are being administered. Let us look at the present confusion. On 20 July 2017 the Cabinet Office—not the Ministry of Defence—announced a strategic defence and security review implementation. It said:

“The government has initiated work on a review of national security capabilities, in support of the ongoing implementation of the National Security Strategy and Strategic Defence and Security Review … The work will be led by Mark Sedwill, the National Security Adviser, with individual strands taken forward by cross-departmental teams, and will be carried out alongside continued implementation and monitoring of the 89 principal commitments set out in the NSS & SDSR … The government is committed to report annually on progress in implementing the NSS & SDSR, and published its First Annual Report on implementation in December 2016. Further progress on implementation of the NSS & SDSR, and related work, will be reported in the Second Annual Report after the end of the second year of implementation”.


I believe that any reasonable person would have taken that to mean that if the first annual report was produced by the end of 2016, the second annual report—which is now apparently being subsumed into the Cabinet Office review—would have been published by the end of 2017. In fact, I am reasonably sure that it was not. Indeed, the question remains of when the report will be published.

The Joint Committee on the National Security Strategy is launching an inquiry into the national security capability review, which I assume is the same review. That was announced on 18 January 2018. So it is apparent that that Joint Committee had not seen the conclusions of the review. Meanwhile, on 25 January the noble Viscount the Minister—I am sorry, the noble Earl—

[Earl Howe]

I am also a Viscount.

[Lord Tunnicliffe]

If only I had the noble Earl’s upward mobility. We mere Barons should show respect, I am so sorry. He was kind enough to write to us on 25 January. The letter said:

“I am writing to describe the purpose of this Government’s Modernising Defence Programme and what it will involve. Following Ministerial discussion on the National Security Capability Review, which will be published later in the spring”—


when is the spring, I ask—

“the Secretary of State for Defence has agreed with the Prime Minister and the Chancellor that further work is required to modernise Defence. We must ensure that we deliver the best military capability that constantly evolves to counter the threats we face, and that this is done in a sustainable and affordable way”.

--- Later in debate ---

[Earl Howe]

I think that in modern parlance we can safely say that it was both, but as a working basis, 1689 will do very well.

The noble and gallant Lord, Lord Craig, returned us to the issue of human rights, as he has done in the past. I understand entirely the concerns that he outlined. Clearly, we need to address what many people see as a flaw in the way that the law has come down upon certain events and situations experienced by the Armed Forces in the course of combat and in conflict zones.

For the future, and I make it clear that we cannot do anything about the past, the Government have already announced that they would consider on a case-by-case basis a derogation from the European Convention on Human Rights, where that is appropriate in the context of a future operation overseas. That could help to ensure that our troops can confidently take difficult decisions on the battlefield, and enable us to focus on the defence budget rather than on lawyers. Some would say that lawyers have had too big a slice of the cake in recent years when it comes to the cross-questioning of our Armed Forces personnel in various contexts. I am the first to agree that it has been very burdensome and difficult for many individuals.

[Lord Tunnicliffe]

Does the noble Earl agree that the problems in general have not been with the Human Rights Act but with very crooked lawyers?

[Earl Howe]

I agree with the noble Lord that dishonesty on the part of lawyers has played a part in the difficulties that I have referred to. Nobody wants to see service personnel facing extensive investigations and then re-investigations into the same incident. The situation is exacerbated when members of the legal profession are less than honest in the way that they handle the cases before them.

The noble Lord, Lord Campbell, asked about the report that he had read saying that a battalion specialising in chemical and biological weapons had been stood down or disbanded in recent years. He is quite right that the joint CBRN regiment was disbanded but I can reassure him fully that the capability which that regiment had is retained in the services, especially in the Army and the RAF. What matters, particularly in the context of the recent events in Salisbury, is that the capability we need was there when it was needed. Our Armed Forces stepped up to support the police in their investigation in Salisbury, building on the vital expertise and information already provided by our world-renowned scientists at the Defence Science and Technology Laboratory at Porton Down. We have the right people with the right skills to assist with the crucial inquiry that is in progress.

I would just add that our modernising defence programme, which is currently under way and to which the noble Lord, Lord Tunnicliffe, referred—I will come on to his question in a minute—will make sure that our country can respond to the changing nature of warfare and the new threats that we face, including those of a chemical and biological nature. The noble Lord, Lord Campbell, may have read that we have announced a £48 million investment in a new chemical weapons defence centre at Porton Down to maintain our cutting edge in chemical analysis and defence.

The noble Lord, Lord Jones, referred to the press reports from today relating to the Royal Military Police. Every year, the service police carry out a wide range of investigations into many different service offences. They play a key role in ensuring that allegations are investigated and offenders brought to justice, but it is clear that, in this specific case, something went very wrong. We will review that. The service police are a key part of the service justice system and as such are already included in the service justice system review, which we announced last year. It is due to report by the end of this year. The policing aspects of that review are being led by Sir Jon Murphy, the former chief constable of Merseyside Police, and we will of course consider carefully any recommendations that he makes.

I turn to the questions asked and points raised by the noble Lord, Lord Tunnicliffe, who asked me about the national security capability review and how it dovetails into the modernising defence programme, which we are leading from the Ministry of Defence. First, on the timelines, the Government will publish a report on the NSCR at Easter. The Ministry of Defence aims to be in a position to share headline conclusions from the MDP by the NATO summit in July. The NSCR essentially updates the Government’s analysis of the threats and risks to the United Kingdom and articulates what an integrated, cross-government approach to national security ought to look like. When published, the report will set out high-level findings across 11 of the 12 strands of work that make up the NSCR, but will refer to defence—the 12th strand—only at a strategic level. The defence element of the NSCR identified that further work was needed to modernise defence to deliver better military capability and value for money in a sustainable and affordable way. Therefore, the National Security Council commissioned a separate, further programme of work, namely the modernising defence programme, or MDP.

The noble Lord, Lord Tunnicliffe, questioned the meaning of “strategic affordability”. That phrase is a condensed way of describing what we are seeking everybody’s views on this consultation: how we marry strategy and affordability. By strategy, we are referring to not only the ways we should plan to counter the various threats identified in the 2015 SDSR, but the emphasis that we should attach to each strand of those capabilities. Different people will have different views on that, but we have to consider the affordability of all that we do. The MDP will build on the findings of the NSCR and the Ministry of Defence will continue to consult colleagues across government throughout the course of the programme.

The noble Lord asked about the apparent lack of synchronicity in launching the MDP before we published the NSCR. There is a very simple reason for that. Earlier this year, as the NSCR was reaching its final stages, it became clear to us that further work was needed to modernise defence. To conduct that work at the necessary pace, it was agreed by the National Security Council that the MoD should initiate the modernising defence programme without further delay. There would be no benefit from waiting for the publication of the NSCR report before starting work on the MDP. Work across government on the NSCR and the MDP continues to be, I assure the noble Lord, fully joined up.

Royal Navy: Warships

Lord Tunnicliffe Excerpts

Thursday 1st February 2018 Lords Chamber

[Earl Howe]

My noble friend is entirely right. We have regular discussions with our Commonwealth partners in particular and also with our NATO allies, in the light of the national shipbuilding strategy which, as he knows, is designed to ensure that we once again a competitive and vibrant shipbuilding industry in this country.

[Lord Tunnicliffe (Lab)]

My Lords, we have had report after report and promise after promise. Why should we have any faith in any of them? Yesterday, fortuitously for me—but not for the Minister—the National Audit Office produced its annual Ministry of Defence equipment plan report. Amyas Morse, head of the National Audit Office, said:

“The Department’s Equipment Plan is not affordable. At present the affordability gap ranges from a minimum of £4.9bn to £20.8bn if financial risks materialise and ambitious savings are not achieved”.


When reading the report, I got as far as page 14, on costs not included in the plan:

“As a consequence of the Strategic Defence and Security Review 2015, the Department introduced a number of new equipment commitments into the Plan. The Department was unable to demonstrate that all equipment requirements are now included within the Plan. We”—


that is, the National Audit Office, the highest analysing body in the land—

“have established that the Plan does not include the costs of buying five Type 31e frigates”.

If there is an error of that order of magnitude in the plan, how can we have any faith in anything that comes out in the next few weeks or months?

[Earl Howe]

My Lords, we have been quite open about the pressures that we face. The defence equipment plan summary, published yesterday, acknowledged that the equipment plan emerging from the MoD’s current year budget contains a high level of financial risk and an imbalance between cost and budget. It is exactly those risks and imbalances that we aim to resolve in the programme that is now under way.

Defence Modernisation Programme

Lord Tunnicliffe Excerpts

Monday 29th January 2018 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, I thank the Minister for repeating the Statement, and perhaps I may be the first to congratulate him on his birthday. That is the charming bit over.

We welcome the decision to separate out the modernising defence programme from the national security capability review. That, frankly, is not much of a statement because anything has to be better than a Cabinet Office-led NSCR which is financially neutral. But this Statement reads as though one has had access to a whole series of other Statements, so I will confine myself to trying to understand the detail of what it sets out. Early on in the Statement it says:

“Following agreement of the high-level findings of the national security capability review”.


Are the high-level findings of that review already in the public domain? If not, can the noble Earl tell us what the other high-level findings of the review are? Have they been published, and if they have not, will he explain why we have heard about just one finding and not the whole suite?

Later in the Statement we are promised that the national security capability review will be published later in the spring. Seasons of the year can be variable in this place, so can I ask for an assurance from the Minister that we will have a precise definition of “spring”? This morning I took the trouble to google the word and you have two choices: meteorological spring ends on 31 May while astronomical spring ends on 21 June. I will settle for either date provided that we have a commitment that the review is going to be published. The reason I am looking for that assurance is that I think I have been told—I may be misquoting the noble Earl—in one of our many debates on defence that there would be the second annual report on SDR 2015 by the end of 2017. The end of 2017 was last month. Is there to be a second annual report on SDR 2015? If so, when?

Later in the Statement there is slipped in—“slipped in” is unfair, but it is towards the end of a long paragraph—the commitment:

“However, we must do more to ensure that we use our resources effectively and deliver the efficiencies that the department has committed to”.


What are those efficiencies? Are they the ones committed to in SDSR 2015? The noble Earl will know from our debates about defence, of which we have had several in recent months, that virtually nobody believes that such efficiencies are achievable. Indeed, in the areas that one has been able to measure, the reduction in resource has clearly stalled. What does the noble Earl mean by “efficiencies”? Having been in the efficiency business in my professional career, I define “efficiencies” as achieving the same with less resource or achieving more with the same resource. All too often in defence, “efficiencies” has meant cuts. Could we have a categorical assurance that these efficiencies genuinely will be about achieving more with less? If it really is about more with less, why, in the last seven years, have the Government not achieved those efficiencies anyway?

Later in the Statement, we are told that the “programme”—that is, the defence modernisation programme—

“will involve four strands of work”,

but it then goes on to define only one. What are the other three strands? It sounds very precise and as though there is a very clear plan behind the Statement. If there is, could it be revealed to us? The fourth strand is to look at what is required to contribute to the “three national security objectives”. I am sure that in the tons of paper that the MoD produces I could find what the three national security objectives are, but could the Minister enlighten us as to what the three national security objectives are that the fourth strand pursues?

Following the Statement in the other place there was a debate. Somewhere in that debate there was a commitment by the Government to deliver the report on the defence modernisation programme by the Summer Recess. Will the Minister restate that it will be delivered by the Summer Recess? Could he give us some feel as to the certainty of that, particularly given the failure to deliver previous reports by their due date?

I do not think that the Statement says anything about “financially neutral”, but in the debate that followed the Secretary of State for Defence said on at least four occasions that the defence modernisation review would not be financially neutral. I think he said it four times, but perhaps it was more often. Does “not financially neutral” mean that the Government have decided to provide more money for defence? Presumably “not financially neutral” does not mean that there will be even less money. I hope that is what it means, but could we have a straightforward yes or no answer: is more money to be found for defence? Whatever the answer to all these questions is, I have real trouble in my own mind understanding how a fiscally neutral NSCR will work with a not fiscally neutral defence modernisation review.

[Lord Campbell of Pittenweem (LD)]

My Lords, I join in the congratulations to the noble Earl on his birthday and thank him for repeating the Statement. He must feel, to some extent, that today is a rerun of the discussion we had last Monday. On these occasions tribute is often paid to the Armed Forces, but I have a question on that. What evidence is there of any impact on recruitment and retention as a result of the uncertainty that has surrounded these issues? I also remind the noble Earl that, as some of us in the House will remember, a lot of the language in the Statement is very similar to what we saw and heard in Options for Change and Frontline First. We know that the outcome of both exercises was a substantial reduction in defence expenditure and hence in capability as well.

There are only two passing references to NATO. I press the noble Earl on how far, and to what extent, interoperability with NATO and our other allies will lie at the very heart of the exercise it is now proposed to carry out. As has been said on a number of occasions in response to questions in the other place, the Secretary of State asserted that the exercise would not be fiscal-neutral. Last Monday the noble Earl rather adroitly avoided answering my question as to whether he agreed with the Secretary of State, and indeed the head of the Army, that more money needs to be spent on defence. I offer him another opportunity to answer that question and I hope he will forgive me if I ask: yes or no?

Armed Forces: Investment

Lord Tunnicliffe Excerpts

Monday 22nd January 2018 Lords Chamber

[Earl Howe]

It is difficult for me to comment on a speech that has not yet been given, but I recognise the sentiment that the noble Lord articulated. The National Security Capability Review is about maintaining agility in this country’s security and defence, and staying ahead of the curve in terms of the resources we deploy. We must remain agile in a world that is ever changing, and that is why the Government are conducting this review: it is about ensuring that our defence and security policies and plans are as joined-up, efficient and effective as possible.

[Lord Tunnicliffe (Lab)]

My Lords, does this not show the chaos in the whole area of defence? The annual report on SDSR 2015 was due by the end of December. This has somehow been subsumed into the NSCR, a date for which we have not got. Will this review set out the threats and how they are going to be met? If, as the Minister has stated in previous answers, there is no money, what threats are we going to tolerate?

[Earl Howe]

My Lords, there is no chaos whatever. The NSCR is about analysing, across government, the intensifying threats to national security and considering their impact on the implementation of the 2015 SDSR and national security strategy. In that context, the Ministry of Defence has done a great deal of high-quality work. Once the NSCR has drawn to a close, we will want to build on the elements of the good work that has been done, to explore further the opportunities for modernisation that have been identified.

Armed Forces Act 2006 (Amendment of Schedule 2) Order 2017

Lord Tunnicliffe Excerpts

Monday 22nd January 2018 Lords Chamber

In conclusion, we are continually looking for ways to enhance our processes and to make sure that the service justice system continues to be relevant and as effective as it can be. The order that we are considering today contributes to that effort. I beg to move.

[Lord Tunnicliffe (Lab)]

My Lords, I have considered the Motion and concluded that this is almost a tidying-up order that is compatible with public opinion. I was convinced of its value before I heard the Minister, and he failed to unconvince me. So I have just a couple of questions, and to some extent he has answered them.

On service law instruments, I always worry about the level of consultation. When one reads what the consultation has been, it seems—how can I put it?—top-heavy. Clearly, many heads have been consulted. I have two questions. One is about the extent of consultation in the chain of command. Are commanding officers seeing in this change any problems that have not been brought out in the Explanatory Memorandum? Secondly, with service law there is always a question about the extent to which the service personnel concerned have been consulted. We know about the very atmosphere of the military. There are no trade unions or consultative systems. I wonder whether the Government should think more about this area. At the end of the day, this piece of law is about how day-to-day soldiers, sailors and airmen behave towards one another.

Finally—perhaps this has been partially answered—the issue of sexual assault now has more saliency, which has the benefit that people have a higher propensity to report it, with the result that, for those who commit these offences, there is a higher likelihood of punishment under the law. But the object of the exercise is not to have the offences in the first place. That seems to go to the other side of the equation. The Minister talked about making sure that personnel were advised of their rights. We know that the complex area of sexual behaviour can vary between President Trump’s definition of what is not a sexual assault through to the more modern attitude that our young people in the forces are likely to have. As part of the ongoing relationship with our service personnel, is there training, first, in what service law says on the matter, and, secondly, in what I call the almost ethical issues behind sexual behaviour, and in particular the concept of mutual respect? If one could create an overall atmosphere of mutual respect among individuals, where they think more about the impact of their behaviour on others, it would be helpful in every way in service life, and would be particularly helpful in this area. With those very minor comments, we on this side support the order.

[Lord Thomas of Gresford (LD)]

My Lords, I give a very hearty welcome to this statutory instrument. It follows on from our debates in Committee and on Report on what became the Armed Forces Act 2016—and, in particular, on an amendment moved by the noble Lord, Lord Touhig, and my noble friend Lady Jolly. I, too, spoke in that debate. At that point the Minister was not prepared to accept the amendment because he said that the wide ambit of the concept of sexual assault could even include putting your arm around someone’s shoulders. However, he told us that the Service Justice Board was taking a fresh view in light of the arguments and concerns expressed by outside bodies, including in particular Liberty. This is the excellent result.

Military life has its own constraints: there is a very enclosed, if important, society within the Armed Forces. There is an atmosphere in which people do not want to make complaints. As a result, there is a reluctance to complain of and report offences of this nature. It is interesting to look at the American experience. Some noble Lords may recall that I spoke of an inquiry about the CO’s role in military justice in the United States. I gave evidence in September 2013 at a Department of Defense hearing in Washington on what the law was in this country. It was a privilege at that time to hear Senator Kirsten Gillibrand, the junior senator for New York, give evidence. She has been engaged in a campaign to remove military commanders from prosecuting decisions in the United States, as they have been in serious offences in this country. Although she was not successful at that time, she has pursued the matter and brought forward a number of Acts to Congress. Although the Military Justice Improvement Act has bipartisan support, it has been filibustered out of Congress twice. However, she is still pursuing the matter. Her description of the Act is worth quoting because it highlights the problem:

“The carefully crafted Military Justice Improvement Act is designed to professionalize how the military prosecutes serious crimes like sexual assault, and to remove the systemic fear that survivors of military sexual assault describe in deciding whether to report the crimes committed against them. Repeated testimony from survivors and former commanders says that the widespread reluctance on the part of survivors to come forward and report is due to the bias and inherent conflicts of interest posed by the military chain of command’s sole decision-making power over whether cases move forward to a trial”.


She very much looks to the British example and the way we handle it in this country and points out that, in the most recent report in America, 6,000 sexual assaults were reported in the military, which was thought to be only 30% of all assaults committed. Importantly, 60% of the people who made those 30% of reports complained of further retaliation and reprisal after their complaint was made. It is important that we are aware in this country of the possibility of reprisal and retaliation within that closed community. One has only to think of the tragic case of Anne-Marie Ellement, who committed suicide after charges she brought against two members of the Military Police were dismissed, because of the bullying she received for having made the complaint in the first place. I am sure things have improved, but this is an important matter that I hope the Minister and the Ministry of Defence in this country will think about.

Another matter discussed while the Bill was going through in 2016 was the production of statistics. That has been followed through, as the Minister promised at the time, and we see from the statistics produced that there were 104 investigations in 2016. I am sure that is only a tiny minority of the actual assaults that have taken place. Again, this is because of the atmosphere that prevents reporting within the military community.

So far as the United States is concerned, only 9% of the 6,000 complaints of assault led to a conviction. Indeed, Senator Gillibrand concluded that a victim was 12 times more likely to suffer retaliation and reprisal than to see the person about whom they had complained convicted. I hope that is not the position in this country. The importance of dealing with sexual assaults is very much at the forefront of life today. In the military context, it is very important from the point of view of recruiting and retaining military personnel. I am very grateful to the Minister and to the Government for taking this important step in this statutory instrument.

Defence Review

Lord Tunnicliffe Excerpts

Thursday 18th January 2018 Grand Committee

[Lord Tunnicliffe (Lab)]

My Lords, the Question put by the noble Lord, Lord Sterling, is: should we have a full SDSR? It seems to me that the response to that depends on the effectiveness of the present process, which we were told about on 15 January. The affirmation then was that the threat was as in 2015 or worse, and another was that there was no more money. Another affirmation was that there would be no more muddling or hollowing out—call it what you like—with training cuts, a reduction in spares, ships tied up and repairs deferred. Frankly, those three statements are incapable of delivery. There is at least a £2 billion per year gap and it is necessary to do something about that.

So there is muddling—we know that there is. That is why morale is falling—the morale figures from the last review were dreadful—and it is why we are failing to recruit and maintain the numbers. It is inevitable that there will be cuts. Can we have an assurance from the Minister that when, sadly, there are cuts, there will be detailed explanations of the security and defence threats that we are leaving exposed in our foreign policy? We will know of such threats only at the end of a full SDSR taking place. I believe that the consensus view that we will need a lengthy debate at the end of that process is sound, and I will certainly be working through my channels to see whether we can have such a debate.

National Security Capability Review

Lord Tunnicliffe Excerpts

Monday 15th January 2018 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, I thank the Minister for repeating the Statement. I may regret this but I am almost tempted to welcome it—however, I had better be careful to understand it first. It seems to say that this review will define the threats. I think its implication is that the Ministry of Defence will not do its normal thing of muddling through, and that when the defence needs for the threat are defined, the money will be found. Is that a reasonable précis?

[Earl Howe]

Certainly, my Lords, there is no intent for us to muddle through. The threats we face are ones we believe we correctly identified in the 2015 SDSR. What we did not sufficiently predict was the intensification of those threats that we have seen over the last two or more years. So, the capability review is designed in part to ensure that we have the right capabilities for the threats we face and expect to face but, as the noble Lord is aware, it is also a response to the EU referendum turning out as it did and the pound sterling depreciating to the extent that it did. We must therefore be realistic in the way we configure our budget over the next few years.

Armed Forces: Morale

Lord Tunnicliffe Excerpts

Wednesday 29th November 2017 Lords Chamber

[Earl Howe]

My Lords, my noble friend has a deep knowledge of all these matters, in particular on the personnel front. There is no denying that recruitment and retention are currently a challenge, as they always are when the economy is growing and there is a demographic shortage of young people. That is precisely why we have to focus on the things that matter to those thinking of joining the Armed Forces and the offer that we make to them, not only in terms of pay but in modernising the lived experience of service personnel—that is where the covenant comes in—and in the Armed Forces family strategy.

[Lord Tunnicliffe (Lab)]

My Lords, the Minister has said that the press are being deeply unhelpful. Now, the Minister has been around long enough to know that being helpful is not a core objective of the press. The MoD’s own attitude survey shows satisfaction in the forces over the past year has declined in almost all areas. The key measure, satisfaction with service life in general, has decreased from 61% in 2009 to 42% this year—a one-third decline. This is a service morale crisis. How are the Government going to arrest this decline if the review does not yield significant additional money?

[Earl Howe]

My Lords, Britain has a competitive advantage in defence, and that advantage is based on the commitment, professionalism and skills of our people. We place heavy demands on them all, including those in the Armed Forces whom we ask to risk their lives on operations. Therefore, we place a very high premium on recruiting, retaining and developing the right people. As set out in the 2015 SDSR, we have identified a number of long-term plans to ensure that the service offer to which I referred better reflects the aspirations and expectations of our personnel and new recruits.