202 Lord West of Spithead debates involving the Ministry of Defence

Tue 9th Mar 2021
Overseas Operations (Service Personnel and Veterans) Bill
Lords Chamber

Committee stage & Lords Hansard & Committee stage
Wed 20th Jan 2021
Overseas Operations (Service Personnel and Veterans) Bill
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading

Carrier Strike Group Deployment

Lord West of Spithead Excerpts
Wednesday 28th April 2021

(3 years, 5 months ago)

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Baroness Goldie Portrait Baroness Goldie (Con)
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I thank the noble and gallant Lord for his condolences regarding the tragic situation of the Indonesian submarine where so many lives were lost. I share these condolences, and I am sure they are shared by everyone in the Chamber. I was very encouraged to hear what he said about our own submariner community showing support; we are very proud of it for doing that.

The noble and gallant Lord raises the important issue of the implications and impact of the carrier strike group, particularly in the Indo-Pacific area. As he rightly identifies, there are strategic, geopolitical and trade interests there and, of course, the important alliances and partnerships I referred to earlier. He is absolutely correct that the countries he has described are important to the United Kingdom. We already enjoy very strong relationships with these countries through a variety of means, and I am sure we are always willing to explore how these relationships can be advanced and progressed. He raises an interesting point, and that is no doubt something that will give rise to further discussion.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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My Lords, I congratulate the Government on generating this powerful force and agreeing to deploy it into regions of the world that are so important for our nation and for global security. They are also regions of the world where we are the largest European investor, and we need them for our balance of payments.

Twenty-five years ago in January, I was the battle group commander for a battle group of 19 ships which: deployed from the UK and went out through the Mediterranean; worked in the Gulf; flew the first operations in the Iraqi no-fly zone—only our fighters were able to do it, from the carrier; operated in the Indian Ocean; went to Singapore for a five-power defence arrangement; carried out an amphibious assault of over 2,000 men in Brunei; went through the South China Sea, Japan, Korea and numerous other countries; was there for the Hong Kong withdrawal; visited Australia; and returned home.

What came over to me then was that the Foreign Office was so desperately pleased with everything that was done in diplomatic terms and what it meant for UK Ltd. I signed £2.5 billion-worth of defence and other deals—not just defence contracts—and we were able to do humanitarian things in various parts of the world. The ability of a group to do these things is absolutely there. Just on the intelligence side of life, it was clear to us that the Chinese were very worried when they saw the capabilities of this group that we could deploy 8,000 miles away and carry out an amphibious assault. It makes their islands look a bit dodgy and they have to think about it. When I operated with 22 ships in the North Atlantic the year before, it showed the flexibility; these ships can get everywhere, and the Russians were very worried because they could never find us.

This is a very powerful and useful group, and well done to the Government for doing it. But I also say beware, because when I sailed from the UK in January it was a Conservative Government; when I returned in August it was a Labour Government, and my noble friend Lord Robertson of Port Ellen was the Minister of Defence, who was so taken by the capability of this force that in his very good strategic defence review he decided we needed big carriers. I am delighted we got them, because now we have them today doing this.

My question may be only a petty one. There is no doubt that this shipbuilding strategy sounds very good, but I am scarred by being told I am going to get ships but never standing on their quarterdeck. In each of the big deployments I did as a carrier battle group commander, I had two solid support ships with me. I notice that only one is going out to the Far East, and it is over 40 years old—RFA “Fort Victoria”. I ask the Minister: when will we actually put in the order for the three fleet solid support ships we need, and will they be built in this country? It is no good these things being put off. It is like with the Type 26s: we need the orders, and we need to start building.

Baroness Goldie Portrait Baroness Goldie (Con)
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First, I say to the noble Lord that his youthful demeanour belies that he was commanding this impressive operation—I think it was Ocean Wave—in 1997. I am grateful to him for powerfully encapsulating the potential that a carrier strike group has. He made the point extremely well.

As the noble Lord is aware, we have a shipbuilding programme in place; he and I have exchanged views on that in the Chamber. I think it is a healthy programme; I detected from a meeting this morning that it has excited Navy Command and people there feel a sense of purpose and anticipation. I am delighted about that, because, as the noble Lord would agree, morale within our Armed Forces is very important. So I am pleased to confirm that.

On the fleet solid support ships, the noble Lord will probably be aware this is at a critical stage of contract progress, where consideration will be given to the award of a contract. I am constricted in what I can say about that, but he will know that the Secretary of State has been clear about his desire to proceed with augmenting the solid support ship fleet, and I anticipate we may be able to disclose more on that front in the not too distant future.

Defence and Security Industrial Strategy

Lord West of Spithead Excerpts
Wednesday 24th March 2021

(3 years, 6 months ago)

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Baroness Goldie Portrait Baroness Goldie (Con)
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I think the noble and gallant Lord would agree that what was outlined in the Command Paper is exciting, not just for the UK shipbuilding industry but for the Royal Navy. The thrust of the security and industrial strategy paper is obviously that we want to be sure that we have a sustainable defence industry in the UK, which includes shipbuilding.

On the noble Lord’s particular question on whether we would never look abroad for a ship, I would not say that. It would be a very short-sighted view to take. There might be a situation where a product was available and we would think it safe to buy it without compromising our operational independence.

The classification of ships is clearly a matter for the Secretary of State to determine. I am sure he will do that on a case-by-case basis.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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My Lords, I think I would give eight out of 10 for this. I am delighted that the Government recognise the importance of defence industries and the sovereign capability. But I join the broadside from the other side of the House—from the noble and gallant Lord—about shipbuilding. Some months ago, the Prime Minister said that there was a renaissance in British shipbuilding, and he mentioned a lot of frigate orders. Since then, there has not be a single frigate order. The Type 32 talked about is not even on the design board. The first three Type 26 frigates were ordered five years ago and the first will not be delivered for another six years, which is appalling. Have there been any meetings between the Secretary of State, the Minister for Defence Procurement and BAE Systems to try to squeeze the time needed to build these ships, which would make them a lot cheaper, and to get sensible orders in for the remaining five, driving the costs down—or are they leaving it just to run and run as a cash cow for BAE Systems?

Baroness Goldie Portrait Baroness Goldie (Con)
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To take the last point first, no, absolutely not. While I welcome the noble Lord’s eight out of 10 for the report, which suggests that we are making progress, I think he makes a slightly harsh assessment of the shipbuilding programme. He is aware that we are committed to the eight Type 26 frigates being built in the Clyde, replacing the Type 23s and being in service for the late 2020s. He is also aware of the five Type 31s being constructed in the Forth at Rosyth, which should also be in service for the late 2020s. The Prime Minister outlined the desire to have five Type 22s. There is a steady drumbeat of orders and the yards are processing these orders. If I may say so, the noble Lord’s representation of the situation is rather dismal and not warranted.

Integrated Review: Defence Command Paper

Lord West of Spithead Excerpts
Tuesday 23rd March 2021

(3 years, 6 months ago)

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Baroness Goldie Portrait Baroness Goldie (Con)
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We are aware that much of the conventional and traditional format of the military again has been overtaken by technology. We have seen, for example, what can happen to traditional types of metalwork armoured vehicles made possible by the interception and attack of unmanned drones. We have to recognise that, because of technology, many members of our Armed Forces are now able to do things with fewer people that they could not do in years gone by. What absolutely matters is that we have the skill, resilience, flexibility, technology and equipment to ensure that our Armed Forces are absolutely able to operate at their best, and that means that much of what we depended on before for numbers of boots on the ground has been superseded by innovation and new developments. However, our Armed Forces will be crack forces doing an important job.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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My Lords, the integrated review and this defence paper are extremely important documents. To pick up the Government’s wording, they are critical to the “sovereignty, security and prosperity”—and possibly the survival—of our nation. That is so important that to have two repeat Statements in the last dog watch, one each week, is really not very appropriate. I know that the noble Baroness agrees that there should be a debate. We need to push this harder. It is a disgrace that this Chamber, with its deep reservoir of knowledge, will not have a proper debate. This really needs to be pushed. The survival of this nation, possibly—its sovereignty, its security? It is not good enough that it is not discussed.

In the few seconds I have left, I will add that, after 56 years on the active list, I have often been told about jam tomorrow, and too often it has turned to margarine. I am very worried that the cuts we are having will not be covered by jam in the future. Jam disappears: it has a habit of doing that.

My final question is on numbers of people. Will the work being done by the noble Lord, Lord Lancaster, on reserves, provide the men who will be needed for MACP, resilience, disaster relief et cetera around the UK, because the regular services will not be able to do that?

Baroness Goldie Portrait Baroness Goldie (Con)
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I say to the noble Lord that business in the Chamber is not my responsibility; it is the responsibility of his and my colleagues, working through the usual channels. Your Lordships will all be aware that an extraordinary amount of time in the Chamber has, rightly, been deployed on the consideration of the consequences of a pandemic, not least in relation to health issues, social support and related educational and broader welfare issues. This Chamber has been coping with a lot. I have welcomed the idea of a debate. The noble Lord referred to two Statements in quick succession. No one is more aware of that than I am: tonight will be a busy night for me, and I look forward to further engagement tomorrow.

On the “jam tomorrow” charge, I would say that it is perfectly clear from the figures disclosed by the Government that there is jam today waiting to be invested. There is an exciting programme of investment, there is a vision and a strategy set out. I think it is relevant and, at last, meeting the threat that we face: that rapidly changing, very diverse, different threat from that which many of us have previously known. It is a new world, and this is an exciting response by the Government and the Ministry of Defence to that world.

Overseas Operations (Service Personnel and Veterans) Bill

Lord West of Spithead Excerpts
Baroness Goldie Portrait Baroness Goldie (Con)
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I thank my noble friend for his contribution. I am not terribly well equipped to deal with the specific aspect of his comment and inquiry in relation to Sri Lanka and the apparent lack of evidence that he argues is the case in relation to the Office of the United Nations High Commissioner for Human Rights. I can certainly undertake to investigate that, and it may be a matter to which my noble friend Lord Ahmad of Wimbledon might wish to respond.

As for drawing the attention of international bodies to the Overseas Operations (Service Personnel and Veterans) Bill when enacted, I think—from the responses that we are aware of—that it has already attracted widespread comment from international organisations. I am sure that, as part of their public affairs monitoring, they all take account of legislation coming out of various countries. However, the noble Lord makes an interesting point, and I shall reflect upon it.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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My Lords, taken together, many of the amendments that we have just discussed certainly seem aimed at emasculating and, indeed, wrecking the Bill. I have no doubt whatever that the Bill is necessary: it lances a long-standing boil and fulfils a promise to our military. The issue has proved too difficult to tackle, time and again, and it is about time that it was tackled. The Bill must go forward.

We need the Bill so much, and I think the amendments we have discussed should go. There are a number of amendments that will resolve the wrinkles, but is it not the case that we will touch on some of the things already discussed in later amendments, when there will be a chance to correct them?

Baroness Goldie Portrait Baroness Goldie (Con)
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I thank the noble Lord for his very candid assessment of both the situation that we seek to address and how the Bill seeks to do so. In my role as Minister for Defence in this House, I have certainly pledged to engage with your Lordships; it has been my pleasure to engage with a considerable number of you.

In my remarks on Clauses 1 to 7 of the Bill, I indicated that I am aware of the profound concerns of many Members of this House. I say to the noble Lord, Lord West, that it is my desire to continue my engagement. I shall listen very closely to the contributions during the rest of the debate on the groups of amendments that we are scheduled to deal with today. It is not a cosmetic interest; I understand the depth of concern, and, in reflecting on all the contributions, I shall consider whether some avenues are available to me to try to assuage some of these concerns.

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Lord Bishop of Leeds Portrait The Lord Bishop of Leeds [V]
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My Lords, I understand the stated rationale for this Bill and I state at the outset that I have enormous respect for the noble Baroness the Minister, but I am struggling. I am not a lawyer, but I would like to focus on a couple of specific questions. I understand the difficulty with vexatious and untimely litigation, which is a curse, but legitimate litigation, however inconvenient, is surely the blessing of a free and civilised society that honours international law and a rules-based system in more than words.

The basic reason why I speak in support of Amendment 14 is that I fear the law of predictable or conscious consequences more than the law of unintended consequences. I ask the Minister to explain clearly this anomaly, which I cannot get my head around: this Bill, as currently drafted, will make it possible for an incident of torture or murder not to be prosecuted while a sexual offence committed in the same incident would be subject to prosecution. That suggests to me either that the reference to sexual offences is arbitrary or that torture and crimes against humanity and so on should also be admitted in the same category.

I understand the assertion that the Bill does not prevent prosecution, but we are dealing with law, not just with assertions of what may or may not be possible—it is what is written in the body of the Bill. I have said that I am not a lawyer, but I support the Armed Forces—my first career was at GCHQ in Cheltenham, providing direct support to our forces, not least during the Falklands conflict—and, despite not being a lawyer, I know that torture is absolutely forbidden in both domestic and international law and that no bars to prosecution are possible.

As Field Marshall Lord Guthrie pointed out more than once, these restrictions in the Bill cannot stand unchallenged. He said:

“By introducing a statutory presumption against prosecution and statutes of limitations, this bill undermines the absolute and non-derogable nature of the prohibition of torture and violates human rights law as well as international criminal and humanitarian law.”


Making torture an excluded offence under the Bill would, I think, have the double benefit of first, avoiding what Lord Guthrie rightly called the “de facto criminalisation” of the offence and, secondly, keeping the UK in line with the rules-based international order that we claim to uphold.

Genocide, crimes against humanity and war crimes are similarly forbidden in law. Amending the law as proposed in the triple lock would make the UK the only country in the world to have deliberately legislated to restrict the Geneva conventions. Where does this place us in a world to which we claim to be an example of law and civility? Most oddly to my mind, however, as a signatory to the 1998 Rome statute, which enables the International Criminal Court to prosecute genocide, crimes against humanity and war crimes when a Government are unable or unwilling to do so, the Bill will make it possible for British soldiers to be prosecuted in the Hague—that is, before a foreign court. Really?

I strongly support the amendment not just because of the legal questions, but because there is a strong moral case for it. I recognise that the last time I made a moral argument in this House during the internal market Bill, it was dismissed by another Minister with the words, “We will not be listening to moral strictures,” but there is a moral case here. The church that I represent stands with victims of torture, and I think that our nation has done hitherto and should continue to do so. Our reputation as a country that is committed to the rules-based international order matters more than I think we sometimes realise. This amendment would further incentivise the UK to maintain the highest standards on the battlefield. It is this that differentiates the civilised from the uncivilised in combat.

If the Government will not accept the amendment, I would be grateful if they could explain rationally, legally and consistently, and perhaps even morally, why these anomalies are acceptable.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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My Lords, it is a pleasure to follow a West Country SIGINTer. I will speak to Amendment 14 in support of my noble friend Lord Robertson and the noble Lords, Lord Alton of Liverpool and Lord Campbell of Pittenweem. It is extraordinary that the presumption against prosecution applies to war crimes, crimes against humanity, genocide and torture. These crimes have a special place in the rubric of human rights unacceptability. In its current form, this legislation would seem to decriminalise such crimes by members of the Armed Forces if they are reported after five years. This cannot be the intention and serves the interests of no one. Indeed, in their attempt to protect the military, the Government will in fact damage our Armed Forces and cause our international standing serious harm, as has been said by all of the previous speakers.

If the Government say that the threat is more apparent than real because this will not happen, that will not wash, as the very strong perception remains, and that in itself can be damaging. As has been said before, there are a number of things about this Bill where the perception is almost more important than the fact. There should be no doubt in people’s minds about the commitment of the UK Armed Forces to adherence to international law in relation to war crimes. If their enemies believe they are not, they will feel that they have a right to be unconstrained in their behaviour against our people.

The Government initially seemed to understand that it is in the interests of all for allegations of torture to be investigated fully whenever they might arise. I have to say that I do not understand why they have changed their position. If war crimes are excluded from this, as has been said by a number of speakers, there is also an increased likelihood of UK service personnel being brought before the ICC. In debate on the International Criminal Court of 2001, it was made very clear that accusations of crimes mentioned would be tried by British courts, and we put huge effort into making sure that would be the case. It would be a disgrace if inadvertently, by reducing the scope for prosecutions in this country, we were to increase the scope for prosecutions in the Hague and possibly, as has been said, elsewhere in the world. That does not help our servicemen and women. I believe strongly that this amendment would ensure that that will not happen and I will vote for it.

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Baroness Goldie Portrait Baroness Goldie (Con)
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Yes. I listened very carefully to what the noble Baroness said, and I undertake to look at her contribution in detail.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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My Lords, I thank the Minister for a very clear exposition of how one can get around some of these difficulties. I am delighted that she is going take this back and look at it, but I ask her to ask her officials: what are the benefits for the UK of excluding these from the list? What are we gaining by that? I used to find quite often, when I was standing at the Dispatch Box for three years, that when I prodded in that way, I would find that there were no benefits, but that they were defending their position wonderfully. I am not asking for an answer now, but can she prod that to see what benefits we actually get by not having those listed?

Baroness Goldie Portrait Baroness Goldie (Con)
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Again, I undertake to look carefully at the noble Lord’s remarks.

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Lord Lexden Portrait The Deputy Chairman of Committees (Lord Lexden) (Con)
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My Lords, the noble Lord, Lord Lancaster of Kimbolton, has withdrawn from the debate, so I call the noble Lord, Lord West of Spithead.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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My Lords, I shall speak to Amendment 29 in support of my noble friend Lord Tunnicliffe and the noble and gallant Lords, Lord Boyce and Lord Stirrup. The de facto six-year time limit for claims being brought against Ministers and the MoD arising from active service abroad seems at first sight far from protecting our people, but rather reducing the rights of individual service personnel. Those injured as a result of negligence during overseas operations, unlike in the UK, will have less protection under the law. Veterans and service charities, as was mentioned by the noble Baroness, Lady Smith of Newnham, are very worried and have been taking quite a lot of notice of this. The British Legion and other charities are very concerned.

To keep this short, it seems that the Bill seeks to protect the MoD from claims by our servicemen, rather than trying to look after them. Again, I am absolutely sure that that is not the intention, and this amendment tries to rectify that problem.

Lord Craig of Radley Portrait Lord Craig of Radley (CB) [V]
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My Lords, I shall speak to Amendment 29 and I support this important safeguard for service personnel. As has been mentioned, not all disabilities are immediately self-evident. Medical advances and associating clinical problems with mental or slowly developing illnesses are helping to explain and track the trigger to events not just in the recent past, but over periods measured in years, not months. Should a claim be considered, it should not be dismissed on some arbitrary timeline. Justice for service personnel, both serving and veterans, demands that their interests should be protected.

The changes made in the past decade, replacing the tried and tested Pensions Appeal Tribunal, which had its origins in 1919, with new arrangements, have been the cause of much anxiety at times. Indeed, I put down an annulment Motion to a major tribunal revamp in 2008 that sought to disband the Pensions Appeal Tribunal of England and Wales and move all its military pension and disability work into a civilian social entitlement chamber. This was widely condemned by those with experience of this type of work, by the Royal British Legion and other charities which help with the preparation and submission of such claims. My Motion was debated and, happily, the Government then agreed that the Pensions Appeal Tribunal work should be given its own separate chamber in the restructured tribunals.

So it is not only that claims by service personnel and veterans should not be arbitrarily time-limited: as important is that the tribunal arrangement in place to deal with claims is respected and trusted, as was the former Pensions Appeal Tribunal, with its long experience and proven track record in this field. I hope the Government will acknowledge the importance of that, as well as Amendment 29.

Integrated Review: New Ships

Lord West of Spithead Excerpts
Monday 25th January 2021

(3 years, 8 months ago)

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Lord West of Spithead Portrait Lord West of Spithead
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To ask Her Majesty’s Government, further to the statement on the Integrated Review of Security, Defence, Development and Foreign Policy by the Prime Minister on 19 November 2020 (HC Deb, cols 488–9), how many of the new ships have been ordered; and, if none, when the first orders will be placed.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con) [V]
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My Lords, the department is currently developing plans for a new class of frigate and research vessel to support UK interests. Following the concept phases, yet to be launched, programme and procurement strategies will be determined. However, the Type 32s will be UK-built—a clear demonstration of both this Government’s and the shipbuilding tsar’s commitment to supporting UK industry and to ensuring the Royal Navy continues to have the modern ships it needs.

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Lord West of Spithead Portrait Lord West of Spithead (Lab)
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My Lords, I thank the Minister for her Answer. She will not be surprised that jam tomorrow has been a regular feature of defence reviews. I am concerned that the financial pressures the MoD is under, despite the welcome four-year settlement and additional funding announced last year, will affect build programmes and impact on the already small and ageing frigate force. The recent NAO review of the MoD equipment plan states that it remains “unaffordable”. The MoD estimates a £7.8 billion shortfall, but it could be as high as £17 billion. Leading up to the long-trumpeted integrated review, has there been any discussion about putting the capital costs of the deterrent submarine replacement once again outside of the defence budget, where it was until placed inside by Chancellor Osborne in 2010? It would resolve the MoD funding problem at a stroke.

Baroness Goldie Portrait Baroness Goldie (Con) [V]
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My Lords, all MoD obligations and commitments, including the nuclear deterrent, are budgeted for in the MoD budget. While I understand the noble Lord’s concern about the cost of the equipment plan, I reassure him that the department is taking important steps to address that. I think he is looking through his glass half-empty, rather than his glass half-full. Quite simply, the recent financial settlement for the MoD and the Prime Minister’s commitment to new naval assets mean that not only will our fleet grow for the first time since World War II, but its high-end technological capabilities will allow it to provide a better contribution and to retain a first-class Navy up to 2040 and beyond.

Overseas Operations (Service Personnel and Veterans) Bill

Lord West of Spithead Excerpts
Lord West of Spithead Portrait Lord West of Spithead (Lab) [V]
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My Lords, the Government are to be congratulated on bringing forward this Bill, which aims to put an end to the egregious injustice of historical allegations and prosecutions made again and again against members of our Armed Forces for past actions overseas in conflict and its aftermath. It is not before time. Successive Governments have failed to take action, not least because it has such complex legal implications. It is so much easier, is it not, for people to say, “It’s much too difficult. Let them continue to suffer”. I am very glad that the Government are moving this forward.

When I entered the Royal Navy in 1965, we assumed that, if we undertook actions in good faith in war and peace, the nation would protect us. That has seemed a false hope in the past few years, with the hounding of personnel for actions that they took in good faith abroad and overseas on operations and afterwards, often decades ago. What has not changed is that our sailors, soldiers and airmen hold themselves to the highest of standards: a force for good, and seen to be so, both at home and abroad.

While I salute the Minister’s wish to support those serving in the military and our veterans, who give so much to this nation of ours, the Bill as it stands has a number of—to put it mildly—wrinkles that need much fuller explanation; indeed, a number of them must be ironed out. In its current form, this legislation would seem to decriminalise acts of torture by members of the Armed Forces if they are reported after five years; a lot of previous speakers have covered this point. This cannot be the intention and serves the interests of no one. Indeed, in their attempt to protect the military the Government may well do individual personnel and our international standing serious harm. We must be wary of creating a perception, and certainly not a reality, that this is the case.

The Government seem to understand that it is in the interests of all for allegations of torture to be investigated fully whenever they might arise. In the initial consultation on this legislation it was suggested that time limits would not be imposed on allegations of sexual offences or torture being investigated. The latter was quietly removed with no explanation. Notwithstanding what the Minister said, it is somewhat bizarre that sexual offences are covered and torture is not—as is also true of genocide and war crimes.

On the subject of war crimes, referring back to what the noble Lord, Lord Robathan, said about lawyers, when I was at a debate on the subject a senior citizen told us about tying a German officer to the front of his scout car before fighting back through enemy lines in Normandy. I asked him what unit he was in. He said, “Oh, the Inns of Court & City Yeomanry”. I found out that he was a highly decorated judge. So I do not want to judge lawyers too harshly.

An added concern is that the legislation seems to make our service men and women more likely to be hauled before the International Criminal Court. Surely this cannot be what the Government want. It is something that we work very hard to avoid. There must some error there; something must be changed.

Another issue that needs clarification is claims against the MoD; a number of noble Lords touched on this. The de facto six-year time limit for claims being brought against Ministers and the MoD arising from active service abroad seems at first sight far from protecting our people, but rather reducing the rights of individual service personnel. Again, I am sure that that cannot be the intention. Something must be changed.

I firmly believe that th0065 Bill is needed, but if I had to mark it out of 10 I would give it a five. If the Government truly want to get a 10 and do their best to support our brave service men and women, they must accept a number of amendments to the Bill, which are really necessary.

Trident Nuclear Programme

Lord West of Spithead Excerpts
Monday 7th December 2020

(3 years, 10 months ago)

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Asked by
Lord West of Spithead Portrait Lord West of Spithead
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To ask Her Majesty’s Government whether a new United Kingdom warhead is required to extend the Trident nuclear programme to 2049; and if so, by when it will be required.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con) [V]
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My Lords, in order to ensure that the Government maintain an effective deterrent throughout the commission of the Dreadnought class submarines and into the future, the Secretary of State for Defence formally announced to Parliament on 25 February 2020 that the UK will replace its nuclear warhead. The replacement warhead programme will be delivered to a schedule that ensures that our deterrence posture under Operation Relentless endures uninterrupted. I am withholding specific information about the in-service date to safeguard national security.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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I thank the Minister for her Answer. I am delighted that we are pressing ahead with this. It is a part of our armoury that is used every single day in deterring, so I am pleased about it. However, I have great concerns about AWE. Repeated ministerial deferrals post 2010 have resulted in decay of nuclear expertise and cost escalation within AWE, as has been noted by the NAO. Could the Minister confirm, after the failures of the MENSA, Hydrus and Pegasus projects to deliver on time and within budget, and the scathing assessment by the NAO earlier this year, that AWE as currently structured is able to deliver such a complex programme on time and at cost?

HMS “Queen Elizabeth”

Lord West of Spithead Excerpts
Wednesday 4th November 2020

(3 years, 11 months ago)

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Asked by
Lord West of Spithead Portrait Lord West of Spithead
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To ask Her Majesty’s Government what plans they have to change the level of support that will accompany HMS Queen Elizabeth’s deployment to the South China Sea in 2021.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
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My Lords, HMS “Queen Elizabeth” will sail on her first operational deployment during 2021. Detailed planning continues, but we have yet to announce our programme or destination. A Statement will be made to Parliament in due course, once planning is complete. All Royal Navy deployments and decisions on support are planned carefully, in line with operating environment, and constantly reviewed over time. The first operational deployment programme of HMS “Queen Elizabeth” will be no exception.

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Lord West of Spithead Portrait Lord West of Spithead (Lab)
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I thank the Minister for her Answer. We are in a dangerous world; no one can predict what will happen tomorrow, let alone a few months hence. There are real concerns about Chinese behaviour, and I believe it is right we should show solidarity with our friends in the region. This year, Australia has increased defence spending by a massive 70% and Japan by 8%—a seventh consecutive annual increase. Both countries have cited concerns over China’s aggressive actions. There is a need for strong alliances in the region. Sending a carrier task group is a good way of showing support, but we must not deal in half measures. Since 2010, our military has been grievously damaged. Can the Minister confirm that the “Queen Elizabeth” carrier battle group, deploying to the Indo-Pac region, will have its complete array of ships and aircraft and its air wing, weapons, weapons stocks and support to be able to conduct, if necessary, operations at every level of intensity? Only then can we be sure it will not be called upon to do so.

Baroness Goldie Portrait Baroness Goldie (Con)
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As I indicated to the noble Lord, I cannot comment on where the “Queen Elizabeth” is going, how she is going to get there or what route she will take. All of that will be unfolded to Parliament in due course. But the noble Lord makes an important point about the purpose of our military and naval capability. Certainly, I want to reassure him that HMS “Queen Elizabeth” will operate as part of a maritime task group, which will include allies and will be tailored to meet the required task. The destinations and precise number and mix of vessels deployed will depend on the operational circumstances in 2021.

Fleet Solid Support Ships

Lord West of Spithead Excerpts
Wednesday 7th October 2020

(3 years, 12 months ago)

Lords Chamber
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Asked by
Lord West of Spithead Portrait Lord West of Spithead
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To ask Her Majesty’s Government what assessment they have made of the value for money to the taxpayer of building the new Fleet Solid Support Ships in (1) the United Kingdom or (2) overseas; and whether any such assessment includes (a) the level of tax paid onshore, (b) any requirement to maintain skilled jobs, and (c) any strategic requirement for a minimal shipbuilding capability in the United Kingdom.

Baroness Goldie Portrait The Minister of State, Ministry of Defence (Baroness Goldie) (Con)
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My Lords, it is too early in the procurement process to assess the value for money of building fleet solid support ships in the UK compared to overseas, and it would be inappropriate to comment in advance of a new competition. The Secretary of State has already said that he will make an announcement about the progress of the programme during the autumn, and the criteria for assessing the FSS bids will be produced in accordance with Her Majesty’s Treasury guidelines on seeking best value for money.

Lord West of Spithead Portrait Lord West of Spithead (Lab)
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I thank the noble Baroness for her Answer. I am delighted that the Secretary of State has classed Royal Fleet Auxiliary vessels as military. These three ships should have been ordered more than three years ago. I hope that the integrated review is concluding that our outward-facing island nation needs a maritime strategy as a basis for its national security. Will the Minister confirm that a maritime strategy needs ships, that the UK’s shipbuilding strategy needs ship orders and that building of military ships will be onshore?

Baroness Goldie Portrait Baroness Goldie (Con)
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I reassure the noble Lord that it would be a very curious defence capability that did not have a maritime capacity. As we look to the challenges of the global world in the years to come, it seems that a maritime capacity will be an essential part of our capability. The Government are aware of the importance of the UK’s maritime industries. As the noble Lord will be aware, the Prime Minister appointed the Secretary of State for Defence to be the shipbuilding tsar for this very reason. The challenges which the noble Lord articulated are recognised.

British Overseas Troops: Civil Liability Claims

Lord West of Spithead Excerpts
Monday 20th July 2020

(4 years, 2 months ago)

Lords Chamber
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Baroness Goldie Portrait Baroness Goldie [V]
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Clause 3, to which my noble and learned friend refers, requires that a prosecutor must take into account the “exceptional demands and stresses” of overseas operations and the adverse impact that they can have on service personnel. While this requirement applies only after five years have elapsed, prosecutors may already take account of these circumstances in their decision-making at any stage. It is precisely to provide some form of protection for our service personnel and veterans and give them greater certainty that we believe it is important that the Bill makes consideration of these matters a statutory requirement once five years or more have elapsed.

Lord West of Spithead Portrait Lord West of Spithead (Lab) [V]
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My Lords, there are pressing reasons for this Bill, as military personnel have felt let down by successive Governments and the nation they serve. Historically, there was an understanding when one went into action that if any sense of doubt about actions arose, as long as one had acted with good intent, any balance of doubt would be in the service man or woman’s interest. That seems to have ceased to be the case. Even if that is not so, the perception was that our people are vulnerable to repeated litigation; perceptions are important. However, I am concerned about some of the wording in the Bill. Does it open up service men and women to greater risk of investigation and prosecution by international courts?

Baroness Goldie Portrait Baroness Goldie [V]
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First, I thank the noble Lord for his helpful comments; he speaks from singular experience in the field. The risk that he alludes to is not likely to materialise. As I said earlier, the whole point is that the Bill is framed not as abolishing rights but as placing these rights for exercise within the context of time limits. It is not a statute of limitations; it is not a pardon; and it is not an amnesty. I hope that, with a strong framework in our domestic legislation, such a manifestation will be unlikely.