Armed Forces Bill
Madeleine Moon Excerpts(8 years, 8 months ago)
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The Secretary of State for Defence (Michael Fallon)
I beg to move, That the Bill be now read a Second time.
The introduction of an Armed Forces Bill is always a significant occasion for defence. It matters in particular for three reasons. The first reason is its constitutional significance. We are renewing the legislation necessary for the armed forces to exist as disciplined forces. That legislation is currently the Armed Forces Act 2006, which provides the system of command, discipline and justice for the armed forces. It covers matters such as the powers of commanding officers to punish disciplinary or criminal misconduct, the powers of courts martial and the powers of the service police. The 2006 Act confers powers and sets out procedures to enforce the duty of members of the armed forces to obey lawful commands.
Since the Bill of Rights in 1688, the legislation making the provision necessary for the Army to exist as a disciplined force—and, more recently, the legislation for the Royal Navy and the Royal Air Force—has required regular renewal by Act of Parliament. Without this Bill, the Armed Forces Act 2006 could not continue in force beyond the end of 2016. That reminds us that ultimate control over the system under which the armed forces are maintained resides not with the Executive, but with Parliament.
Secondly, this occasion is sufficiently rare in the lifetime of a Parliament to prompt us to reflect on the progress made since the last such Act, the Armed Forces Act 2011. The centrepiece of the last Act, the requirement to report on the armed forces covenant, remains more relevant than ever. The covenant has already made a huge difference to the lives of serving and ex-service personnel. In the past few years, we have seen not only the Government, but all 407 local authorities and more than 700 businesses, large and small, come together to make sure that our personnel get a fairer deal as a result of their service to our country.
Mrs Madeleine Moon (Bridgend) (Lab)
We have perhaps been somewhat neglectful of armed forces personnel when they cease to be serving and become veterans. Does the Secretary of State agree that we must place a greater priority on ensuring that veterans have ongoing help and support because of the difficulties that many of them may still face as a result of their service in Iraq and Afghanistan?
Michael Fallon
I certainly do agree with that. This work is ongoing and is not yet done. We will continue to try to make progress. As the hon. Lady knows, we have implemented a number of reviews, not least Lord Ashcroft’s review of the mental health services that are available to veterans.
I assure the House that our commitment to the covenant remains unshakeable. Today, we are launching a credit union for armed forces personnel. By paying a regular amount of their salary directly into the credit union, they will be able to avoid the struggle for credit approval and the siren call of the payday lenders.
Thirdly and finally, the Bill gives us the opportunity to ensure that the 2006 Act remains fit for purpose for the next five years. The first clause keeps the 2006 Act in force beyond the end of 2016; provides for the continuation of the 2006 Act for a year from the date on which this Bill receives Royal Assent; and provides for renewal thereafter by Order in Council, for up to a year at a time, until the end of 2021. That will give Parliament a regular opportunity to debate the systems of the armed forces for command, discipline and justice.
Clauses 2 to 6 modernise and strengthen the service justice system by making sensible and proportionate changes to the existing provisions. I will take each of those clauses, very briefly, in turn.
Clause 2, on post-accident testing for alcohol and drugs, deals with the situation whereby a commanding officer may require a member of the armed forces or a civilian who is subject to service discipline to co-operate in a preliminary test for alcohol or drugs only when he or she suspects that an offence has been committed. The clause extends those circumstances by providing for post-accident preliminary testing without the need for suspicion that the person being tested has committed an offence. The new powers to require co-operation with tests will apply only after accidents involving aircraft or ships or other serious accidents. They are derived from, although not identical to, those in the railway and transport safety legislation under which civilians are required to co-operate with tests for alcohol and drugs.
Clauses 3 to 5 simplify the process of investigation and charging of criminal and disciplinary offences under the 2006 Act. The commanding officer rightly deals with 90% of cases in the service justice system, and that will not change. The remaining 10% of cases are those that the commanding officer does not have the power to hear, which involve offences such as perverting the course of justice and sexual assault. Some cases that cannot be dealt with by the commanding officer have to be referred by the investigating service police to the commanding officer and then by the commanding officer to the director of service prosecutions for a decision. That is an unnecessarily complex process.
Clause 3 provides for the service police to refer straight to the director of service prosecutions in any case where there is sufficient evidence to charge for an offence that the commanding officer cannot deal with on his own. That brings the service justice system into line with the civilian system.
Maria Eagle
Of course, the hon. Gentleman has a lot of knowledge of these matters, and I appreciate that such issues, as the Minister must have found, are very complex and difficult. Given the seriousness of the incidents and the fact that the Government undertook to look at the matter, it is important to have a full discussion about why they have come to the conclusion they have. I have not said that I disagree with the conclusion, but I think the House needs to probe fully why the decision, which she undertook to keep under review, was made. We will seek to probe that further during the Bill’s passage. I say no more than that.
Mrs Moon
May I say how much I welcome my hon. Friend’s appointment? I totally agree about the need to probe the issue of extending British law to troops based and training here. The people of Cambridgeshire need a full explanation of why that was not possible. Whether it proves possible is moot. The important thing is that they know it is being fully explored. Will she also say something about the importance of opening up the ability of members of the armed forces to come forward when they have experienced rape and sexual assault, as often they are advised by people in the chain of command that it might damage their career to do so?
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. There is plenty of time to speak. If the hon. Lady wishes to make a speech, I will put her on the list with pleasure.
Libyan Personnel: Bassingbourn Barracks
Madeleine Moon Excerpts(8 years, 9 months ago)
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Daniel Zeichner (Cambridge) (Lab)
Thank you, Madam Deputy Speaker, for allowing the House the opportunity to consider the extraordinary and unhappy events that occurred in the city of Cambridge as a consequence of the decision to train Libyan personnel at Bassingbourn barracks last year. Bassingbourn barracks is located some 10.5 miles to the south-west of Cambridge—the city I now represent—but the background to the events in question takes us back some years to events in Libya and announcements by the Prime Minister in 2013.
The decision to train up to 2,000 Libyan armed forces personnel at Bassingbourn was announced in a statement by the then Secretary of State for Defence on 11 June 2014. It indicated that in the first tranche, some 325 Libyan recruits were starting training and that the programme would continue for 24 weeks. He assured the House:
“These recruits have been carefully vetted by the Libyan Government and Home Office officials”.
—[Official Report, 11 June 2014; Vol. 582, c. 51WS.]
Cambridge is normally a safe city—as everywhere else, there are some incidents—but in late October 2014, the local newspaper started reporting a series of assaults that were highly unusual. The Cambridge News reported a Cambridgeshire police spokesman saying:
“We are investigating allegations of a serious sexual assault on Christ’s Pieces which is believed to have occurred between 2am and 5am this morning.”
The report continued:
“The force is hunting a group of three men, described as being of Middle Eastern appearance with dark black hair, in relation to the attack on the man in his 20s yesterday. Two men, both in their early 20s, are also being sought for the sexual attack on a woman on Mill Road. Cambridge residents are being warned to be vigilant and take safety precautions as well as sticking to groups at night.”
We now know that assaults took place on the weekend of 17 October, and more serious assaults occurred on 25 and 26 October.
What was going on? The police do not normally advise Cambridge residents on
“sticking to groups at night.”
What was going on was that these recruits, described by the Secretary of State as “carefully vetted”, were out of control on the streets of Cambridge. The local councillor for Bassingbourn tells me that he was assured, in respect of the recruits, that
“you will never see them and no-one will notice that they are there”,
and that the training was so intensive that they would not be let out of the barracks. That was clearly not the case —so out of control were they that, as we learned later when the cases were tried in May this year, two Libyan cadets were jailed for 12 years each for raping a man in Cambridge in a prolonged attack in Christ’s Pieces.
Mrs Madeleine Moon (Bridgend) (Lab)
I thank my hon. Friend for giving way. We urgently needed to examine what happened in Cambridge and the trauma experienced by many families in the city. Does he agree that the Ministry of Defence should have been much more alert to the risk, given that sexual assaults, personnel breaking out of camps, the setting up of roadblocks and harassment of local communities had all happened where training had been offered to Libyans in Turkey, Libya and Jordan, and that the security vetting of these people was impossible?
Daniel Zeichner
I thank my hon. Friend for that intervention. I was not aware that that experience should have been brought to bear; that will add to some of the points that I am about to detail. The point I am making is about just how serious the offences were. We found out more after the rape trial verdicts were returned, because it was revealed that three other Libyans cadets had already pleaded guilty to unrelated sex attacks which had taken place in Cambridge on the same night. They had been sentenced at Norwich Crown court on 13 May, but reporting restrictions had been in place until the rape case was concluded. What was happening was very serious, and today I want to find out how that was allowed to happen, why it has taken so long to get answers, and why the people of Cambridge, and, in particular, the victims of the assaults, have not had an apology from those who gave quite clear assurances in the first place that risks would be minimal.
Let me first pay tribute to those who have been seeking answers, particularly Councillor Lewis Herbert, the leader of Cambridge City Council. The horrible, avoidable attacks took place in his city, but the council had been given not a single piece of information at any stage by the Ministry of Defence or the Army about Libyan troop visits to Cambridge. He has doggedly refused to accept the frankly evasive and frequently obstructive responses from the MOD. I also pay tribute to his fellow councillors, from a range of authorities across Cambridgeshire, and council officers who have pressed for answers for months and months. They are, however, still being denied the full facts, so much so that Councillor Herbert’s most recent letter to the Secretary of State, in late May this year, concludes:
“An acknowledgement of regret and an apology to the victims is, in our view, still outstanding from the Ministry of Defence”.
I hope that that, at least, will be forthcoming from the Minister today. I would also like to thank my hon. Friend the Member for Bridgend (Mrs Moon), the shadow Minister, for her tireless pursuit of the truth on these matters through questions and interventions. I am sure she, too, would like the full story to be revealed.
I shall move to the substance of what I hope the Minister will be able to tell us, but I will start by reminding the House of some of the key statements already made. On 4 November, soon after the weekends I have described, the Secretary of State made a brief statement saying only that the training programme was being curtailed and that the recruits will
“be returning to Libya in the coming days.”—[Official Report, 4 November 2014; Vol. 587, c. 44WS.]
There was no explanation and certainly no reassurance to the people of Cambridge. The following day the Prime Minister announced that he had requested a report into what had happened. It took until 9 January of this year for a further statement telling us that a copy of the report’s conclusions and recommendations only had been placed in the House of Commons Library. We still have not seen the full report; nor have we had the opportunity to see whether it really faces up to the issues or not.
Those producing the report had met local councillors and council officers, who presented a series of detailed questions and interrogated the terms of reference of the review that they had been given. Cambridge City Council also told the review team that it believed only an independent inquiry would restore public confidence. Later, in December, in response to Freedom of Information requests from the BBC, the original risk assessment was released, and it was confirmed that complaints about Libyan trainees leaving the camp and seeking out alcohol in pubs in local villages were reported as early as 8 August. Indeed, local Councillor Nigel Cathcart tells me:
“There were a number of incidents where Libyan trainees were observed, unsupervised, in the village of Bassingbourn. They were not causing any particular harm but residents were concerned to see them as it was understood that they should have been confined to the Barracks. As far as I am aware these incidents were reported at the time so the MOD should have been aware of what was happening. It was only later (probably 2 or 3 weeks) that the far more serious incidents took place in Cambridge. Had the MOD acted promptly on the original information and suspended the unsupervised incursions immediately then the Cambridge incidents could have been prevented. This was, therefore, a preventable event if the MOD had acted promptly with the information available to them.”
The councillor’s views are backed up by the risk assessment. The July 2013 assessment states that, subject to any subsequent review, the trainees were not to leave the camp off-duty unless—this is critical—they were in organised supervised groups. It states that
“the risk of bad behaviour of trainees outside Bassingbourn Camp is mitigated by the provisions of their visas, the supervisory measures in place for limited excursions and the security arrangements between the MOD, Police and Home Office.”
A second risk assessment reports that the initial plan to train 360 trainees for 14 weeks had been extended to 24 weeks, with tranches of 360 to 500. It is stated that by lengthening the course,
“to better meet Libyan intent and be more coherent with US plans”,
it would be necessary to allow supervised excursions, as rewards. These would require
“the appropriate measures in place to mitigate immigration and security risks”.
Detailed measures to reduce risks would include
“small, controlled batches of trainees”,
pre-advising of local police, and
“a robust communications plan in place for local communities and the media”.
There is also a detailed risk assessment for organised recreational visits. It says that
“under no circumstances will trainees be allowed to leave the group on an outward visit, and alcohol will be banned.”
Of course, as the local councillor has explained, none of that bears any resemblance to what actually happened.
Daniel Zeichner
We are grateful for the knowledge, as a consequence of some of the questions that have been tabled, that that series of visits took place. My point is that, even if those visits—extraordinary as some of them might seem—were supervised, the key question is what happened in the case of the unsupervised visits.
What actually happened was described by councillors, including the one whom I quoted earlier, when they met representatives of the MOD and the Army in February. In the minutes of that meeting, we had, for the first time, an apology from the Army, but none from the Ministry of Defence; and we finally had a recognition from the Army that the consultation with key local stakeholders had been inadequate. However, as the Army representatives admitted, we also learned that there had been a significant change in what is known as the “walk-out” policy in August 2014. Councillors were told that the decision to allow trainees to leave the camp unsupervised had been made by Ministers. I ask the Minister to confirm that that was the case, and to tell me why the safety of Cambridge residents was put at risk at that point.
I have to say that I find the account of what was happening in late October after the first spate of incidents quite alarming. Councillors were told that following the incidents of October 17, measures taken to
“add additional deterrent to leaving the camp included the addition of a platoon of Gurkha, two companies from the UK standby Battalion and Military Working Dogs.”
The following weekend, however, Cambridge suffered the most serious assaults of all. I also find it concerning that, in a written parliamentary answer on January 15 to the hon. Member for Bridgend, the then defence Minister said that the trainees
“were…escorted to shops in the local area, and Cambridge City Centre.”
In the light of what we now know, that hardly does justice to what was actually happening.
Of course, there was also a significant financial cost. We have learned from parliamentary answers that the costs of the training programme and reactivating the facilities were some £17 million, of which only £2.48 million has so far been recouped from the Libyan Government.
Let me end with a series of very clear questions to the Minister. Will the full report be made available? Who exactly authorised the end to the supervised walk-out policy in August 2014? Why was so little revealed about what actually happened, for so long, and why has it had to be dragged out by freedom of information requests and parliamentary questions? Will the Minister hold a genuinely independent inquiry, as requested by the local councils? What will be the financial cost of this entire exercise to the taxpayer? Finally, will there now be a full and unequivocal apology to the people of Cambridge and Cambridgeshire who were put at such risk, particularly the residents who, it may be argued, were as much victims of Ministry of Defence negligence as the Libyan trainees?
Mrs Moon
I hear what the Minister says, and she has been very open and honest in her response, but we are still left with the MOD’s own risk assessment before the personnel came to the UK. It says:
“There were reports of widespread sexual and gender-based violence during the conflict and there is some evidence that serious human rights abuses involving sexual violence took place. A UN mission in 2012 found incidents of rape perpetrated against both women and men. This is likely to represent significant under-reporting, due to the sensitivity of sexual violence and reticence to discuss these issues outside the family.”
We knew that there was a problem, and yet still those personnel were brought to this country. The UK personnel who were asked to provide the discipline were not given the tools to do so.
Penny Mordaunt
I thank the hon. Lady for her point, because it gets to one of the issues that the hon. Gentleman raised. Clearly, there were risks associated with the cultural norms in Libyan society. Obviously, they were clearly identified in the risk assessment. Having read the report in preparation for this debate, I can say that there were things put in place to mitigate them, so a cultural education took place as part of the preparation for that course. Those providing the training took that extremely seriously.
I have already touched on the consultations that took place when policy was being changed to cope with what was a pretty unique set of circumstances, as these trainees were watching what was happening in their own country. A clear process was gone through. Clearly, there were issues around communication, and we regret what has happened. I just wish to state that there was no lax attitude in trying to mitigate the risks that any training course carries. Furthermore, decisions that were taken on changes of policy were clearly designed to improve the situation and not worsen it. We need to look at the conclusions of the report, which I have already done. Clearly, this has been an appalling episode that we never want to happen again. I know of the interest that the hon. Lady takes with regard to incidents of violence and sexual violence. She can be reassured by the cultural training that took place before the course started.
Finally, let me talk about redress. The hon. Gentleman very kindly spoke to one of my colleagues about some of the issues that he has raised, and he has also touched on the cost to the MOD, which clearly we would like to recoup for the British taxpayer and our own budget. In that conversation, although not on the Floor of the House, he alluded to losses that his local authority has incurred. Clearly that should not be allowed to stand, and if he has concerns about that I encourage him—if he has not done so already—to write to me or to my colleagues in the Department for Communities and Local Government, and we stand ready to provide him with advice. We are seeking financial redress, and perhaps others who are out of pocket should also do that. If he has such concerns, I will do all I can to assist him and his local authority, and I thank him again for allowing me to get that point on the record.
Question put and agreed to.
Counter-ISIL Coalition Strategy
Madeleine Moon Excerpts(8 years, 11 months ago)
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Michael Fallon
Yes it is. That is why my right hon. Friend the Prime Minister agreed with Prime Minister Abadi at their most recent meeting that we would step up our effort, particularly in the niche training that we are offering in measures to counter IEDs. We are also working in the Ministries to help to advise the Iraqi Government and Iraqi army security effort, and we stand ready to consider further requests for help.
Mrs Madeleine Moon (Bridgend) (Lab)
In the last Parliament, the Defence Committee undertook an inquiry into strategic defence planning, and we found it woefully inadequate. The former Chair of the Joint Intelligence Committee told us that the Prime Minister’s idea of strategy was “What’s next?” What is next seems to be a plan that is coming forward in September for us to take action in Syria. Will the Secretary of State undertake to bring a fully worked out strategy that includes what nations and organisations will hold any ground cleared by our planes, rather than policy on the hoof, which is what we have on a day-by-day basis at the moment?
Michael Fallon
I do not accept that. I described the strategy to defeat ISIL, including the campaign to cut off its finances and efforts to stop the flow of foreign fighters, in which we are playing our part. The battle to deal with ISIL’s ideology is being led by our Government and the working group on strategic communications, and there is a military campaign in which many countries are involved. As far as ground force operations in Iraq are concerned, I have made it clear that the Prime Minister of Iraq does not want foreign troops involved. He does not want British or American forces on the ground, and in the end this battle must be won by the Iraqi forces with our help.
Oral Answers to Questions
Madeleine Moon Excerpts(8 years, 11 months ago)
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Mark Lancaster
I am delighted that, in addition to the existing combined cadet force units in Kidderminster and Stourbridge, four more schools in Worcestershire will give their pupils the chance to join a CCF unit as a direct result of the cadet expansion programme: the Tudor Grange academies in Redditch and Worcester have established new units; and North Bromsgrove and South Bromsgrove high schools have forged partnerships with the CCF unit at Bromsgrove school. This is a real success story and I am delighted that many more young people will reap the benefits of belonging to a cadet unit.
Mrs Madeleine Moon (Bridgend) (Lab)
Community-based cadet forces heard with great envy about the £50 million of additional funds for school-based cadet units, but what will be the impact of that funding on community-based units? There is great concern that students will be seduced into staying in school, rather than attending community-based units. Some instructors in community-based units are extremely anxious that they will be wound down and lose their important role within their communities.