Defence Spending

Viscount Trenchard Excerpts

Thursday 31st October 2024 Grand Committee

Asked by

[Viscount Trenchard]

To ask His Majesty’s Government what progress they have made in laying out the roadmap to spending 2.5 per cent of gross domestic product on defence.

[Viscount Trenchard (Con)]

My Lords, I must declare my interests as honorary air commodore of 600 (City of London) Squadron in the Royal Auxiliary Air Force, and as a consultant to Mitsubishi Heavy Industries Ltd.

It is timely that we have a chance to debate defence spending today. Since the passage of the Defence of the Realm Act 1914, three days after the start of the First World War, it has rightly been maintained that the first duty of the Government is to protect and safeguard the lives of their citizens. The Armed Forces covenant, promulgated in 2011, starts with these two sentences:

“The first duty of Government is the defence of the realm. Our Armed Forces fulfil that responsibility on behalf of the Government, sacrificing some civilian freedoms, facing danger and, sometimes, suffering serious injury or death as a result of their duty”.


Churchill was fond of quoting the Latin adage, “If you want peace, prepare for war”. In 1943 and 1944, more than 40% of GDP was spent on defence. If this country should again become directly embroiled in a major military conflict, it is reasonable to assume that the Government would again have to spend a huge proportion of our national output on defence to fulfil their first duty. Surely it is absolutely necessary to spend enough on defence now to make it as unlikely as possible that we will again become embroiled in a major war. We all know that we are already involved, with our NATO allies, in Ukraine’s fight for survival against the Russian invader; it is a conflict that we cannot allow Ukraine to lose.

Today’s debate is not the occasion to discuss yesterday’s Budget. It is deeply disingenuous of the Government to go on and on about the black hole against a background where tax revenues are £21 billion higher than the OBR had predicted. I expected that the Chancellor might take the opportunity provided by the Budget to set out the long-awaited road map to spending 2.5% of GDP on defence. I feared she might say that we would have to wait until the report of the strategic defence review by the noble Lord, Lord Robertson of Port Ellen—for whom I have the very highest regard—is published, but she did not even say that. She said that

“we will set a path to spending 2.5% of GDP on defence at a future fiscal event”,—[Official Report, Commons, 30/10/24; col. 822.]

but she has also said that there will be one Budget a year. Does this mean that we will not even know the pathway to spending 2.5% until the next Budget next autumn? In that case, how can the noble Lord, Lord Robertson, produce a coherent defence review next spring?

However, we surely know that we must anyway spend at least 2.5% of GDP on defence now. It is quite possible that the SDR will find that the military capabilities we need now will cost a lot more than can be afforded even by spending 2.5% of GDP on defence.

In the debate introduced by the noble Lord, Lord Robertson, on the SDR on 9 October, the noble and gallant Lord, Lord Stirrup, referred to NATO’s recent assessment that if its members are

“to contribute military capabilities adequate to the challenges that the alliance now faces, they will need to spend around 3.7% of GDP on defence”.—[Official Report, 9/10/24; col. GC 224.]

If NATO is correct, investment in defence needs to be above 3% of GDP, not the 2.5% that the Government say they aspire to but for which, even now, they have not so far set out a firm plan.

As the Committee is well aware, the world is in a more turbulent and unpredictable state than it has ever been since the end of the Second World War. The noble Lord, Lord Robertson, has described China, Russia, Iran and North Korea as the deadly quartet. As I pointed out in the debate on the SDR, the previous Government’s paper, Defending Britain: Leading in a More Dangerous World, published in April this year, explained that any delay in setting out a pathway to reaching 2.5% was likely to lead to front-line cuts at the worst possible time for our Armed Forces.

Spending more will not in itself be enough. Reform of the Ministry of Defence to build a less risk-averse department and improve its procurement process is also essential. Can the Minister confirm that the fact that the SDR was to be reported to not only the Prime Minister and the Secretary of State for Defence but the Chancellor of the Exchequer was not significant? On that occasion, the Minister said:

“The Government have an absolute commitment to 2.5%. I know that that is not what some people want to hear and that there is no timeline given to it, but there is an absolute commitment to 2.5%. It is not an aspiration”.—[Official Report, 9/10/24; col. GC 262.]


We now know what that means: merely setting a path at a future fiscal event.

The noble Lord, Lord Robertson, will assess what threats we face and what capabilities we need to address them, but his task has been made all the more difficult by the Chancellor’s signal that the uplift in defence spending is not the Government’s urgent priority, which it should be. It is at least welcome that the AUKUS programme is protected.

The UK has been one of the few NATO countries to meet the 2% spending target, and our response to the Russian invasion of Ukraine was much appreciated by our allies and by the Ukrainians. However, we are now placing our ability to provide leadership in military operations at risk, because we have in recent years been increasing our defence expenditure at a much slower rate than other nations. Germany, which in 2014 was spending only 1.2% of its GDP on defence, has committed to spend $97.7 billion on defence this year, which is an increase of 29.45% over 2023. France has increased its defence budget by 6.05%, and the United States by 7.21%. Against that, we have managed to provide an uplift of only 1.73% after adjustment for the implementation of the new accounting standard, IFRS 16. That is one of the smallest increases among NATO members. It means that Germany will be spending nearly 40% more than we are. The Chancellor announced an increase of £2.9 billion for next year, but that is not nearly enough given the serious threats we face and the current underfunded state of the Armed Forces. Recruiting is badly affected by inadequate, poorly maintained accommodation and facilities. It is shocking to hear that there are now more civil servants in the MoD than the total strength of the Royal Navy and Royal Air Force.

As a precondition of deploying our aircraft carriers, or indeed any major maritime or land-based assets, to any conflict zone in partnership with our allies, it is absolutely necessary to control the air environment. That is why we need the Global Combat Air Programme —GCAP. Its advantage over alternatives includes its greater range. It will bring a contribution to NATO that nobody else can bring. If we do not fulfil our commitment to our partners Italy and Japan to deliver this project by 2035, it will be disastrous for our international relations and will signal the end of our ability to bring in partners to major defence projects. Some 70% to 85% of our defence exports in the last five years have been combat air in nature, so to fail to honour our commitments to this project would have huge implications for our defence industrial base.

Will the Minister now give a much-needed commitment, or at least say more than the Government’s position on GCAP, which is that

“we continue to progress on that”?—[Official Report, 25/7/24; col. 723.]

That is not quite the firm commitment that our Japanese and Italian friends are seeking. Having heard the Chancellor’s disappointing words yesterday, their concerns and those of all our allies will be seriously heightened.

I thank all noble Lords who are to speak in this debate, and I look forward to their contributions and to hearing what the Minister has to say.

Strategic Defence Review

Viscount Trenchard Excerpts

Wednesday 9th October 2024 Grand Committee

[Viscount Trenchard (Con)]

My Lords, I congratulate the Government on their wise decision to place the strategic defence review in the most capable hands of the noble Lord, Lord Robertson of Port Ellen, who is universally well regarded on all Benches; I too thank him for introducing this timely debate. I declare my interests as a consultant to Mitsubishi Heavy Industries Ltd, the lead industrial partner for Japan in the JICA project, and as the honorary Air Commodore of 600 (City of London) Squadron, Royal Auxiliary Air Force.

Under the previous Government, we saw two reviews: the integrated review of security, defence, development and foreign policy in 2021 and the integrated review refresh in 2023. Since then, the global security landscape has progressively deteriorated. It is in a more turbulent and unpredictable state than it has ever been since the end of the Second World War. The noble Lord, Lord Robertson, described China, Russia, Iran and North Korea as “the deadly quartet”, and many defence experts consider that the global community is on the path to a third world war.

The national defence strategy of the United States, as adopted in 2022, named China as a pacing challenge and identified it as the only competitor with both the intent to reshape the international order and, increasingly, the economic, diplomatic, military and technological power to advance that objective. Against this background, it is essential that His Majesty’s Government—as well as the Governments of all friendly nations that believe in the international rules-based order—remember that the defence of the realm and the safety of the public is the first duty of a Government.

Can the Minister confirm that the fact that the review is to be reported to not only the Prime Minister and the Secretary of State for Defence, but the Chancellor of the Exchequer, is not significant? I worry that the Treasury may exert undue pressure on the review’s findings to prevent the Government setting out a clear pathway to increasing defence spending to at least 2.5% by 2030. I agree with the view of the noble and gallant Lord, Lord Stirrup, that the figure should be increased to 3% as soon as possible. As the previous Government’s paper, Defending Britain: Leading in a More Dangerous World, published in April this year, explained, any delay in setting out a pathway to reaching 2.5% is likely to lead to front-line cuts at the worst possible time for our Armed Forces. Spending more will not in itself be enough; reform of the Ministry of Defence, to build a less risk-averse department and improve its procurement process, is also essential.

My involvement with an RAF reserve squadron has taught me that the Reserve Forces have a major part to play in increasing total military output for less money. Today, 50% of the RAF reserves routine output is in support of the front line and operations. Against the background of today’s more flexible employment culture and the integration of the Reserve Forces into the regular forces, could we not aim to achieve a ratio of regulars to reserves of 1:1? The United States achieved that long ago, and other NATO allies such as France, Germany and Sweden are set on a pathway to the exponential growth of their reserve forces.

Can the Minister and the noble Lord, Lord Robertson, confirm that the Government’s declared intention to reset our relationship with the EU does not mean that we will pull back at all from the tilt to the Indo-Pacific, which recognises our ability to punch above our weight in hard and soft power, working with our allies across the world? Japan remembers with affection the Anglo-Japanese alliance of 1902-22. The UK’s bilateral relationship with Japan has grown progressively closer in recent years. In particular, defence and security initiatives have strengthened the relationship, forming part of a more integrated defence approach across the Euro-Atlantic and Indo-Pacific regions. This strengthening has been especially appreciated by Japan against the background of growing uncertainty over the reliability of the United States’ security umbrella and the deteriorating geostrategic situation in east Asia.

The Japan-UK reciprocal access agreement of January 2023 and the Hiroshima accord of May 2023 committed both nations to the global combat air programme—GCAP—together with Italy as the third partner. Japan and the UK have therefore joined forces and pooled their technologies, together with Italy’s, to develop a sixth-generation fighter jet—in the nick of time as far as Japan is concerned, because the life of its existing F-2 fighter aircraft cannot be extended beyond 2035. Mutual expectations among the three industrial partners are very high. The failure of any of the three of them to honour commitments to complete this project on time would have serious consequences for the other partners.

For the UK, the role envisaged in the GCAP could create 21,000 jobs each year and contribute £26.2 billion to the economy by 2050, but GCAP is not mentioned at all in the terms of reference for the SDR; nor is Japan. The UK, US and Australian Defence Ministers said in May 2024 that they would consider expanding AUKUS pillar 2 to include Japan and other countries. The parameters of the SDR merely note that it will

“identify ways to maintain the UK’s defence ties to the Indo Pacific region, the Gulf and the Middle East”.

That statement falls short of the expectations of our Japanese friends. I believe also that other friendly nations in the Indo-Pacific region, including Australia, South Korea, and New Zealand, now share Japan’s concerns. Many of our Japanese friends think and believe that we have entered the age of the second Anglo-Japanese alliance. I look forward to the Minister’s speech, which I hope will provide some reassurance.

King’s Speech

Viscount Trenchard Excerpts

Thursday 25th July 2024 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, I congratulate the noble Baroness, Lady Anderson of Stoke-on-Trent, and the noble Lord, Lord Coaker, on their appointments, and the noble Baroness, Lady Anderson, on her impressive opening speech. I feel an affinity with the noble Baroness, because we both hold honorary commissions in the Reserve Forces.

I declare my interests as a consultant to Japan Bank for International Cooperation and an adviser to Mitsubishi Heavy Industries Ltd. I am sorry that the recent and most successful state visit to the United Kingdom by their Majesties, the Emperor and Empress of Japan, took place after the Dissolution of the last Parliament, because neither this House nor another place had an opportunity to debate the excellent state of relations between Japan and the United Kingdom. That would have been an appropriate way for your Lordships’ House to mark the visit and note how the already excellent bilateral relationship has in recent years expanded to cover an even wider range of interaction between the two island countries, which have many similar attributes as well as some lingering but interesting cultural differences, as those who have watched “Lost in Translation” will appreciate.

The only reference to trade in the gracious Speech was the commitment to improve our trade and investment relationship with the EU. Will the Minister confirm that the Government remain committed to the UK’s tilt to the Indo-Pacific and that any changes they may seek to the TCA will not have an impact on our membership of the CPTPP, for which Japan and Australia were the prime supporters among the 11 other members? Our accession to the CPTPP showed that our commitment to and involvement in east Asia is real. It was greatly welcomed by Japan, not least for geostrategic reasons.

It is welcome that the Defence Secretary, on his recent visit to Sheffield Forgemasters with Richard Marles, the Australian Defence Minister, confirmed the Government’s staunch commitment to the AUKUS partnership and the jobs and growth that it can deliver for Britain. The previous Defence Secretary announced on 8 April with his American and Australian counterparts:

“Recognising Japan’s strengths and its close bilateral defense partnerships with all three countries we are considering cooperation with Japan on AUKUS Pillar II advanced capability projects”.


Do the Government remain committed to full co-operation in this important programme? I would like to know their view on this, although I expect the noble Lord will say that this is also subject to the SDR.

The Foreign Secretary has made it clear that he seeks a new bilateral defence and security treaty with the EU. I was privileged to be a member of the European Affairs Committee, which recently published two reports relevant to this subject, the first in April 2023 on the future EU-UK relationship, under the chairmanship of the noble Earl, Lord Kinnoull, and the second at the end of January this year on the effect of Russia’s invasion of Ukraine on the EU-UK relationship, under the chairmanship of the noble Lord, Lord Ricketts. The first noted that most of our witnesses considered that UK-EU co-operation in response to Russia’s invasion of Ukraine had been positive—I think the noble and gallant Lord, Lord Stirrup, said “excellent”. Our second report recommended that we should continue to consider seeking third-country participation in PESCO projects on a case-by-case basis, where it is in the UK’s interests. It also concluded that NATO remains the leading organisation for defending Europe and setting standards to facilitate military interoperability between European allies.

The decision to commission a strategic defence review, pending the completion of which there can be no certainty about the future of any military project, has created a degree of uncertainty for Japan and other friendly countries in east Asia. As has been noted, we have entered into a trilateral treaty with Japan and Italy to develop a sixth-generation fighter jet—the GCAP. Although the Minister repeated his commitment to the project today, the Armed Forces Minister has declined to give such a firm commitment. I strongly welcome the appointment of the noble Lord, Lord Robertson of Port Ellen, to lead the SDR. Does the Minister expect it to specify a clear timeline for meeting the 2.5% commitment—a share of our national product which I expect will soon prove to be rather too low?

Ministry of Defence: Expenditure

Viscount Trenchard Excerpts

Thursday 25th July 2024 Lords Chamber

[Lord Coaker (Lab)]

I thank the noble Lord for his question and for all the work he does in his position outside this House. He makes an important point. For me, it is not whether it is a small capital project or a large capital project; the important point is how it contributes to the lethality of our forces and how it contributes to us defending not only our country but freedom and democracy across the world. Whether it is a small project, a medium-sized project or a large project, its utility should be decided on that basis. The noble Lord makes a very important point, and I will make sure it is taken into consideration.

[Viscount Trenchard (Con)]

My Lords, the change of Government has already resulted in a delay to the announcement of the location of the joint government headquarters for the trilateral British, Japanese and Italian fighter jet project, GCAP. Is it true that this project is now dependent on the result of the strategic defence review, or has the Minister been able to give reassurance to the visitors at the Farnborough airshow this week, including the Japanese Defence Minister, that it will go ahead regardless?

[Lord Coaker (Lab)]

The noble Lord will have heard what I said. Not only did I give reassurance to Italy and Japan and our defence companies at Farnborough, I hosted a reception for all those partners last night in your Lordships’ House. It was very well received. We reassured people that work continues on that project, alongside the fact that the noble Lord, Lord Robertson, is conducting a review that will look at the defence programme across the piece. They were very pleased with what I had to say, and I spent my time reassuring them, here in your Lordships’ House.

Military Bases: Accommodation

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Wednesday 15th May 2024 Lords Chamber

[The Earl of Minto (Con)]

My Lords, the benefit of hindsight is wonderful. At the time, in 1996, when the deal was done with Annington—originally with Terra Firma and then with Annington—it was considered a perfectly acceptable deal in the prevailing conditions. In retrospect, of course, property values have risen hugely. I am sure noble Lords will know that a number of cases are going through the courts about enfranchisement, about which of course I cannot comment.

[Viscount Trenchard (Con)]

My Lords, as someone who from time to time has occasion to stay in military accommodation at various camps, my observation is that standards have not kept pace with changing expectations—what was deemed acceptable in the 1970s and 1980s is no longer. This has a serious effect on the ability to recruit to the Armed Forces. Does my noble friend not agree that this is yet one more reason to increase defence spending without delay?

[The Earl of Minto (Con)]

My Lords, my noble friend makes a very good point. One justification for the increase in defence spending we announced recently was to continue to invest in accommodation and bring it up to current acceptable standards. One has only to think back 20 or 30 years to what was an acceptable standard then, to realise that now we are in a very different world.

Armed Forces

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Thursday 7th September 2023 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, I congratulate my noble friend Lord Soames of Fletching on giving us this welcome opportunity to debate defence. I declare my interest as honorary air commodore of 600 (City of London) Squadron, Royal Auxiliary Air Force, and as an adviser to Mitsubishi Heavy Industries Ltd. I agree with everything my noble friend said in his moving and inspiring speech.

I also agree with the noble Lord, Lord West of Spithead, in lamenting the Government’s inadequate commitment to defence spending. I understand that it is now proposed that the Army be cut to 73,000, although it has been reported in the media that it has been put under pressure to accept further cuts to an even lower level of 70,000, most of them to be borne by the infantry to provide more resources for the artillery, which has been heavily used in Ukraine and whose stockpiles are therefore somewhat depleted.

After Putin’s second illegal invasion of Ukraine, my right honourable friend Boris Johnson was quick to respond. We can hold our heads high in the world as a result. The decisive and strong response that the Government took at the time was widely recognised and crucial in bringing on board the ambivalent United States and the divided and lukewarm EU, several of whose member states were very slow to apply sanctions against the Russian regime.

I worry that my right honourable friend the Prime Minister has stepped back a little from the commitments his predecessors made to spend more on defence. His commitment to increase defence spending over the next two years by £5 billion was welcome, but his aspiration to reach a level of 2.5% “over time” was decidedly underwhelming. However, this increased spending is relatively insignificant compared with the £52 billion increase that Ben Wallace has spoken about. Besides, I understand that £3 billion of the increase, some 60%, will be deployed to meet the UK’s contribution to the AUKUS pact, a trilateral defence agreement with the United States and Australia. Could my noble friend the Minister tell your Lordships what her expectations are of the timeframe within which our defence spending will rise to a level of 2.5% or more?

I also welcome the growing interest of Japan in working ever more closely with AUKUS. There is a new alignment of four liberal democracies emerging, as Australia, Britain, Japan, and the United States increasingly align their security interests to contain and balance the growth of China’s influence and power. It is also highly relevant that we have joined forces with Japan and Italy to build the next-generation fighter jet, the Global Combat Air Programme, which brings together our Tempest project with Japan’s F-X project.

I want to say how sorry I am that General Sir Patrick Sanders has retired early from his position as Chief of the General Staff. As a former volunteer officer of the Royal Green Jackets myself, I am of course biased, but I know how highly regarded he was in all three services. I was impressed by his view that the Ukraine conflict has reminded us that military conflict is ultimately about holding land—and without enough troops on the ground, you cannot do that. Will the Minister confirm that the Government recognise that point and have taken it on board, as well as other lessons from the Ukraine conflict?

Lastly, based on my experience with my Reserve squadron, I also ask my noble friend for her thoughts on a question that is worrying the leadership of my squadron. How are both regular and Reserve forces in the future going to retain the crucial NCO cadre, who take 10 years to train, against a background where young people expect instant results and tend to change jobs and roles much more often?

Ukraine Update

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Monday 5th September 2022 Lords Chamber

[Baroness Goldie (Con)]

That is a very important question. As the noble Lord will be aware, we do not have Royal Navy deployment in the Black Sea, but I understand that we have been amenable to providing training on countermine measures and have offered support to Turkey if Turkey would find that helpful. As the noble Lord will be aware, Turkey has deployed the Montreux convention and therefore there is very restricted activity. However, I reassure the noble Lord that if help is required by Turkey and advice and help are sought from the UK, we will look at that very sympathetically.

[Viscount Trenchard (Con)]

My Lords, first, I thank the Minister for repeating the Statement. Secondly, I was delighted by the supportive stance taken by the noble Lords, Lord Coaker and Lord Newby. I think it is right that in his final day of office the Prime Minister should be acknowledged for his robust support and swift response to Russia’s illegal invasion of Ukraine and his leadership of the western world in the strong and continued response and resistance to the Russian invasion. Can the Minister tell the House how effective she thinks the sanctions on the Russian regime are? Are they effective or not?

[Baroness Goldie (Con)]

We understand that the sanctions imposed by the UK and our international partners are having deep and damaging consequences for Putin’s ability to wage war. We have sanctioned more than 1,100 individuals and 100 entities and, with our allies, have frozen around £275 billion-worth of assets. That includes oligarchs worth £117 billion. We have also announced new sanctions on Kremlin-imposed officials in the so-called Donetsk and Luhansk people’s republics. Russia’s GDP is expected to contract by 3.5% to 8.5% in 2022, but that is compared to a pre-invasion forecast of 2.8% growth. By 2026, Russia’s economy is expected to be 16% smaller versus the pre-invasion trend estimated by the International Monetary Fund. There is evidence that it is hitting Putin hard. Much more problematic is to know whether the message is reaching ordinary Russian people. There is evidence to suggest that, sadly, they are now beginning to experience the hardship of the consequences of Putin’s illegal war. It may be that with that, coupled with the tragic deaths of and injuries to the loved ones and relatives of many people and families in Russia, they may now be beginning to pose the question: what is this about and why are we doing it?

Royal Navy: Ships and Frigates

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Thursday 14th October 2021 Lords Chamber

[Baroness Goldie (Con)]

Of course everyone in the United Kingdom knows that there is a climate emergency, not least the Ministers of this Government. It is evident from the measures being brought forward how seriously we take that challenge. Modern engineering technology is greatly contributing to more efficient use of fuel and reducing emissions. In relation to the defence estate, which is massive, I have seen at first hand some of the excellent measures now being taken to optimise our contribution to improving the environment.

[Viscount Trenchard (Con)]

My Lords, it is very good to see that the Government are investing in national shipbuilding infrastructure, but we know that it will still be important to ensure best value for money through the highest levels of productivity. Does my noble friend see value in aligning these programmes with those of allies and partners who have similar shipbuilding ambitions? In addition to Canada and Australia, which have bought the Type 26 design, Japan’s naval shipbuilding programme has many similarities to the UK’s. Are the Government looking to build such synergies?

[Baroness Goldie (Con)]

We always keep a weather eye on what our friends and allies are doing. Our first responsibility in securing this nation is to ensure that we have these capabilities for production within the UK. My noble friend makes an important point, and it is one that we are alert to.

Armed Forces Bill

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2nd reading
Tuesday 7th September 2021 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, it is a great pleasure to follow the noble and gallant Lord, Lord Craig of Radley, who made some very good points in his excellent speech. I thank my noble friend the Minister for introducing this Bill and explaining its purposes. We tend not to debate often enough our Armed Forces and the proportion of our national income that they consume. The historical requirement to pass an Act every five years to maintain a standing army ensures that Parliament has more opportunities to debate the state of our Armed Forces than would otherwise be the case. It is particularly welcome that the Bill seeks to strengthen the Armed Forces covenant, which contains the Government’s promise that servicemen and women should not be disadvantaged in any way by their service and that special consideration may be appropriate on occasion, especially for those injured and those who have lost close family members.

It is good that the Bill makes provision for a new legal duty for public bodies to give due regard to the covenant. However, this applies only to local councils and some limited public bodies delivering housing, health and education. Could the Minister please tell the House why the Government and the devolved Administrations are exempted from this duty? Could she also explain why the list of relevant functions covered is so limited? It includes only housing, education and healthcare. The Royal British Legion, together with many other service charities, is asking for the duty to be extended to employment, pensions, compensation, social care, criminal justice and immigration, among other topics.

It is welcome that, with the Bill, the Prime Minister can rightfully claim that he has honoured the second of the three commitments together described as his “veterans pledge”, which he made in his letter to the Sun of 11 July 2019, to enshrine the military covenant in law. The first commitment was:

“To create an Office of Veterans Affairs within the Cabinet Office”.


The third—outstanding—commitment was to introduce legislation

“to end repeated and vexatious investigations into historical allegations against our servicemen and women—including in Northern Ireland”.

I recognise the highly sensitive and difficult nature of achieving this third objective, and I welcome the Government’s Command Paper, published in July, which I think all will agree constitutes progress. It points out:

“The decreasing likelihood of successful prosecutions is supported by evidence, which shows that between 2015 and 2021 just nine people have been charged in connection with Troubles-related deaths.”


It also notes that

“of these nine, just one person has been convicted.”

In particular, proposals for a statute of limitations, which would bring an immediate end to the divisive cycle of criminal investigations and prosecutions, would successfully deliver the Prime Minister’s third objective. Can the Minister tell the House more about the timescale to which the Government are working to achieve this?

As honorary air commodore in the No. 600 (City of London) Squadron of the Royal Auxiliary Air Force, I welcome the provisions introduced by Clause 9, which recognise and give effect to the fact that reserve or voluntary service today comes in many different shapes and sizes and that the legal framework required to support that needs to be much more flexible than has been the case in the past. The “whole force” concept, which blurs the distinctions between regular and voluntary service, also requires modification to the legal commitments required of our service personnel. My noble friend Lord Lancaster spoke wisely about this matter. It is right that reserve personnel are subject to service law for the entire time that they are in service, under continuous service commitments.

Together with other noble Lords, I am full of admiration for the loyal and tireless service given by all those involved in Operation Pitting. Nevertheless, I also agree with the moving speech of my noble friend Lord Robathan, who is not in his place. He was surely right to say that the badly damaged reputation of NATO, as a result of the Afghanistan debacle, means that now is absolutely not the time to make cuts to numbers of military personnel, ships or aeroplanes.

I take this opportunity to ask my noble friend the Minister whether she will also commend the great contribution made by the Reserve Forces to Operation Rescript, in combating the Covid-19 pandemic, which would otherwise have wrought even greater havoc on our lives. I welcome the Bill and look forward to supporting my noble friend in taking it through your Lordships’ House.

Overseas Operations (Service Personnel and Veterans) Bill

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Report stage
Tuesday 13th April 2021 Lords Chamber

[Lord Boyce (CB) [V]]

My Lords, Amendment 13 is about the six-year time limit imposed by the Bill on those who have been engaged on overseas operations, and the ability of such servicepeople to bring any grievances against the MoD after that time. As we have already heard, this would have the perverse effect of limiting the rights of individual service personnel by restricting their access to legal remedies for harms caused by their employers. This would not apply to their counterparts not engaged on overseas operations.

In Committee, the Minister’s comment that, based on past statistics, this might apply only in a very small number of instances was specious. The Armed Forces are all of one company and thus should all be treated the same. Even if only one person were to be affected, he or she should not be discriminated against. It cannot be just for such situations to be allowed, so I support Amendment 13.

[Viscount Trenchard (Con)]

My Lords, I had intended to involve myself deeply in the passage of this important Bill through your Lordships’ House, although I hesitate to speak on matters about which I am much less qualified to pronounce than the learned and gallant noble Lords who have made such a great contribution to our debates on the Bill. I have found it difficult to keep up with and to remain fully involved in this Bill as well as in the Financial Services Bill. For most of my working life, I have been a full-time banker; on the other hand, my military experience is limited. I was a TA soldier for 10 years and, more recently, have been honoured to act as an honorary air commodore in the Royal Auxiliary Air Force.

I very much welcome the Government’s decision to introduce the Bill and to deliver on our manifesto commitment to end vexatious legal claims. I also understand and agree with the Government’s intention in Part 2 to ensure that claims are brought sooner. This should mean that service personnel and veterans will not be subjected to criminal investigations that may be triggered by civil claims. I therefore cannot support Amendments 7 and 8 in the names of the noble Lord, Lord Thomas of Gresford, and the noble Baroness, Lady Smith of Newnham, which have the effect of wrecking this part of the Bill in its entirety.

However, I am impressed by arguments by the noble and gallant Lord, Lord Boyce, and the noble Lord, Lord Thomas of Gresford, that the courts should continue to be allowed to hear personal injury claims against the Crown even after the six-year time limit has expired. I know enough about the culture within the Armed Forces—a major reason for the high regard in which they are held—to agree that it may also create situations where someone may be told that he cannot make a claim, when actually he can, but he will still believe and accept that he cannot. I am therefore sympathetic to the purpose of Amendment 13 but look forward to hearing my noble friend the Minister’s response to the powerful arguments put forward in its support.

[Baroness Chakrabarti (Lab) [V]]

My Lords, I support these amendments, with a very strong preference for Amendments 7 and 8, although I understand that they will not be pressed; half a loaf is better than no bread. It is clear to me that a combination of rules and discretion is what the law is. This is the protection against arbitrary action, and I have heard no compelling argument whatever at any point in the proceedings relating to this legislation for limiting the discretion of the courts completely, particularly in the light of the sorts of cases described by my noble friend Lord Hendy.

However, I was interested in the newly expressed concerns of the noble Lord, Lord Faulks, about discrimination; his view of equal treatment under the law is novel to me. He seems to be concerned about discrimination in relation to a Bill, which he supports, that is inherently discriminatory. He is concerned about giving extra protection to a particular class of claimant—namely, veterans and personnel, who are supposed to be protected by this legislation. But he is not concerned, it would seem, about giving special protection to a class of defendants—the MoD, the Executive—which is the initiator of the legislation as well as the civil defendant. He is not concerned about giving special protection and limitations to criminal defendants in the military, but he is concerned to give the protection offered by Amendment 13 when it is not being offered to overseas civilians, yet he does not support Amendments 7 and 8. This is not levelling up; it is levelling down.

As I say, I would very much prefer Amendments 7 and 8 to be pressed, but in their absence I will support Amendment 13. The Government brought forward this legislation with a promise to give protection to service personnel and veterans but, instead, if they do not go along with at least Amendment 13, it will protect the Exchequer—the Ministry of Defence—from the very people that it claims to protect.