Armed Forces Bill

Baroness Bennett of Manor Castle Excerpts

2nd reading
Tuesday 7th September 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, in rising to speak to the Armed Forces Bill, I can only contextualise our debate, as so many other noble Lords have, with the dreadful events in Afghanistan and the continuing desperate efforts of people who have supported and served with our Armed Forces to escape the country where their lives remain in severe danger. I acknowledge the impacts, as so powerfully outlined by the noble Baroness, Lady Brinton, of these events on so many who have served there recently and who have served there previously. I share concerns expressed by many noble Lords about inadequate funding and levels of services for veterans and current servicepeople, particularly mental health services.

Many noble Lords have expressed concerns, which I share, about the failure of the Government to adopt the recommendation of Judge Lyons on the treatment of murder, manslaughter and rape charges, and particularly well-highlighted concerns about the management of rape and sexual assault cases. I do not feel that I have a great deal to add on that issue; the view of the House is already very clear. The statutory application of the military covenant to local government but not central government is another area in which the view of the House is very clear. Furthermore, I commend the right reverend Prelate the Bishop of St Albans, who is not in his place, on highlighting the issue of problem gambling. I ask the Government, as he did, whether they have at least planned an examination of the issue. To be fair, I want to commend the Government on the measure in the Bill to right previous wrongs against LGBTIQA+ servicepeople.

I want to devote my speech to raising two issues, which I do not believe that other noble Lords have raised. The first is child soldiers. It is estimated today that the number in the world ranges from 250,000 to 300,000. The United Nations has an International Day Against the Use of Child Soldiers, also known as Red Hand Day. The UK is remarkably silent in international venues on this issue, when we are outspoken on so many other related issues—and we know why. It is because we have child soldiers. This Bill is a lost opportunity to end the practice of recruiting children into the UK’s Armed Forces, as a coalition of 20 human rights organisations called for earlier this year.

I suspect that many Britons would be surprised to know that one in five new military recruits are under 18, a ratio that rises to one in four in the Army, which recruits more 16 year-olds than any other age, particularly into infantry roles. This argument has been rehearsed over many years, but we are now in a very different situation, given that continuation of education for 16 and 17 year-olds is now standard even among the most disadvantaged groups, where four in five continue in education.

Nearly one in three underage recruits leave the Army or are dismissed. They have left their education early to join up, unlike their peers, and then they are immediately out of a job and not in education. So I have a question for the Minister. Are they covered by the military covenant, and what special provision are the Government making for their obviously very high needs? Have the Government any plans for a reconsideration of the recruitment of child soldiers?

I note the disturbing figures obtained by the SNP MP Carol Monaghan that girls under 18 made at least 16 formal complaints of sexual assault to the Military Police in the last six years—equivalent to one in every 75 girls in the military. That brings me to the second main issue I want to address. Women are about 10% of our full-time military, more than 15,000 in number: a significant minority, serving in virtually all roles and functions, but still very much a minority, bringing in their different experiences from a discriminatory society, subject to particular issues in service life and afterwards. I commend the work of Salute Her in highlighting this issue and the need for specialist support services, with women veterans having experienced significantly higher rates of adverse childhood experiences than civilians: 38% of women veterans report military sexual trauma and 33% of women veterans have experienced intimate partner violence, compared with 24% of non-veteran women.

Since we are addressing the place of our military, I must also raise one broader issue, given the timing of this debate: the role of our Armed Forces being closely interrelated with our arms industry. Indeed, we are speaking now as we are about to see arms fairs in the UK not very far from this place. Our military is working with our arms industry to pump weapons out into a world that is already awash with them. This weekend I will be joining many on the streets to protest and call for an end to such promotion of a dangerous industry that threatens the security of all of us.

I think there is one final question—I suspect that the Minister will not have this in her briefing, but I hope she might consider responding to me afterwards in writing. In that industry since 2008, export licences have been allowed for £150 million-worth of weapons to go to Afghanistan. Can the Minister tell me how many of those weapons are now in the hands of the Taliban—and useably in the hands of the Taliban?

Armed Forces Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage
Wednesday 27th October 2021 Grand Committee

I finish with this point. The Henriques report, which we shall come to, suggested, unless I misrepresent it, that because prosecution rates for rape and some other serious crimes were poor in the civilian court system—the criminal justice system—that was a reason for keeping them in the military justice system. I think that is a very poor argument. Whether in the service justice system or the criminal justice system, we are all appalled by low levels of prosecution, but we are here debating a matter of principle: where best is justice served; where best is the public reputation kept or, in some circumstances, restored; and how do we ensure that confidence is there not only for the public but for service men and women to feel confident that if they come forward, they will be listened to and get a proper response to the accusations made? Amendment 5 suggests that, for serious crimes, that may well be in the civilian court, not within the service justice system.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I beg the Committee’s indulgence. This is my first time back in this Room, and I am afraid I got my body language wrong. I was hoping to come in before the noble Lord, Lord Coaker. Perhaps I may briefly speak in support of Amendment 5. The noble Lord, Lord Thomas, and the noble and learned Lord, Lord Thomas, as you would expect from legal people, were very carefully balanced, but I shall speak unashamedly in favour of the victims. The noble Lord, Lord Coaker, referred to the Times report about under-18s to which I was going to refer. I shall refer to another Times report from April, when 4,000 servicewomen and veterans came forward to speak about their concerns.

We know that there is a problem with prosecution of the crimes of rape, sexual assault and domestic violence in all areas, but it is obvious where we want to invest our effort. If we do so in the civilian courts, that is where the real speciality and ability will lie. I and others have framed this as an issue of violence against women and girls, but it is also worth thinking about male victims of domestic violence, rape and sexual assault, and how difficult it may be for them in that context.

This will be my only intervention in Committee. Your Lordships’ House is not taking recess for the COP 26 climate talks, although we recently took recess for the party conferences, which happen twice a year. I apologise that I will not be able to take a full part, but I hope to come back on Report.

Finally, there was a great deal of discussion of this at Second Reading, and I was expecting more discussion of Amendment 5 today, because this is something that we really need to see change and progress on.

[Baroness Goldie (Con)]

First, I want to thank your Lordships for what has been a profound and stimulating discussion. I am conscious that much of the debate has centred on fairly technical legal issues, not least in particular reference to the criminal legal system, both for civilian and service justice systems. I shall do my best to address the issues raised.

By way of preface, in response to points notably made by the noble Lord, Lord Coaker, and the noble Lord, Lord Thomas of Gresford, and echoed by the noble and learned Lord, Lord Thomas of Cwmgiedd, we all want a service justice system that is fit for purpose. I think we are all absolutely united in seeking that objective, and that is exactly what the Bill aims to achieve. That offers me the opportunity to say to your Lordships that much had to move at pace, involving a considerable volume of material. I apologise for that, as I know that you have all been deluged, first with the publication of the Henriques report and then the tabling of government amendments to create the defence serious crime unit.

While I think that these are regarded as very positive developments, I understand that it has put pressure on everybody to try properly to assimilate and understand the report and amendments. I took the view that the amendments did not make a lot of sense without the report, and I had to navigate my way through a fairly tangled jungle of clearances to make sure that we could get both things out into the public domain. I felt that it was important that we did that; it seemed to me that the amendments the Government were then able to table to the Bill in respect of the defence serious crime unit provided reassurance and perhaps answered some of the questions raised today. I think that gives a clear signal of intent about the desire to ensure, as a number of noble Lords have observed this afternoon, that the criminal justice system is absolutely fit for purpose and as good as it can be.

I will now address the amendments in this group. I shall do that beginning with Amendment 5 and then move on to Amendment 6—and then I shall speak to the intention expressed by the noble and gallant Lord, Lord Craig of Radley, to oppose Clause 7. Finally, I shall speak to Amendment 7 in the name of the noble and learned Lord, Lord Morris of Aberavon.

The noble Lord, Lord Coaker, said that there has to be confidence in the justice system, and I totally agree with that. He rightly referred to recent statistics, which are deeply troubling—and I make no pretence about that. As he probably knows, there has been ongoing work in the MoD over the last decade to try to address cultures and behaviour, to provide people who have been treated wrongly—whether it is the victims of unacceptable behaviour or of a criminal offence—with the confidence to come forward, and to try to reassure those within our Armed Forces, not least our women, that this is a good and safe place to be. That has been a Herculean struggle; it has been a huge challenge, and I am not going to pretend otherwise. What I can say is that there has been systematic progress of very good work.

The noble Lord, Lord Coaker, referred to the Commons Select Committee report, in which the MoD very readily engaged—and the Secretary of State took the courageous and absolutely correct decision to allow serving women to appear as witnesses before the committee. I thought he was absolutely right to do that, as it is the only way in which we can get evidence out into the open. Very troubling evidence was heard, and some of it was utterly appalling. What I drew comfort from was that, to the end, a very high percentage of the women who gave evidence said that they would recommend a career in the Armed Forces to other women. I felt encouraged by that. There was recognition that, while unacceptable practices and attitudes have existed in the past, there is a discernible recognition that the direction has changed.

In relation to the stats to which the noble Lord, Lord Coaker, referred, they are troubling, but they do tell us that people are now coming forward. One problem that we had was that people would not come forward; they did not have the confidence to do that—and that to me strikes at the very heart of the probity and integrity of, and the confidence that people should rightly have in, the system.

We have been and are reforming the service complaints system. A huge amount of work has been done among the single services to that end.

Armed Forces Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Tuesday 23rd November 2021 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

There is one brief reason that I would add to what has been so eloquently said by the noble and learned Lord, Lord Morris, and the noble Lord, Lord Thomas of Gresford. We have always tried, and marked the seriousness of, crimes set out in the amendment by trial by jury. Magna Carta conferred on defendants the right to trial by jury. Today, we take account of the interests of the victim of such crimes and they have confidence only in trial by jury, particularly as so many of these cases turn on credibility. On that, the judgment of ordinary men and women, drawn from a jury, is the only way to achieve justice. For those three reasons, we should not deprive people of trial by jury in these cases.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I will speak very briefly, having attached my name to Amendment 2 in the name of the noble Lord, Lord Thomas of Gresford. I did that because, as we came to the deadline, I noticed that there was a space, and I really felt that, given the level of support that the issue covered by this amendment achieved at Second Reading, it deserved the broadest cross-party and non-party support possible.

I will also reflect on what I said in Committee on this amendment. Much of our leadership on this has come from Members from legal backgrounds, who focused on the rights of the defendant. I understand that, but I also note that I am the only female Peer who has attached my name to the amendment. There is very much a gender aspect to this. Women currently make up 10% of our full-time military—about 15,000 in number. They are still a significant minority right across the forces.

As the noble Lord, Lord Thomas of Gresford, just alluded to, we have a military culture stretching back many centuries that was, for most of that time, entirely male dominated. Offences such as domestic violence, child abuse, rape and sexual assault are disproportionately committed against women. Last night in this very Chamber on the policing Bill we were discussing how difficult it is to get our civilian justice arrangements to cater adequately for these offences. How much more difficult is it in the military context, with the culture we just heard outlined?

I commend the amendment to the House and, looking back to the Second Reading debate, note the breadth of support it achieved.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, I will speak very briefly. I was not able to take part in the debate on these amendments in Committee because I was at the COP 26 climate talks, but at Second Reading I very much majored on the issue of the recruitment of 16 and 17 year-olds into the Army in particular. I would have attached my name to the amendments in this group had there been space. I am following two extremely powerful and important speeches, which I really hope the Government are going to listen to, approached in a very constructive, positive spirit.

I want to make one point. The noble Lord, Lord Russell of Liverpool, outlined for us how the judicial review found that this was unequal treatment, but that the Army was not covered by the Equality Act. The fact that there is a legal exemption does not mean it needs to be used. The Army could choose to say that it will accept, at least in this manner, to follow the Equality Act. That would be a step towards justice for young people, many of whom come from extremely disadvantaged backgrounds and are trying to find their best way forward in life. We need to give them that opportunity.

[Lord Coaker (Lab)]

I will make a very brief comment based on what the noble Lord, Lord Russell of Liverpool, and my noble friend Lord Browne have just said. There was some debate in Committee about raising the age of recruitment, and there was disagreement about that. It is incumbent upon the Government to take very seriously the points that the noble Lord, Lord Russell, and my noble friend Lord Browne have made, about the allegations and reports there have been, whatever the rights and wrongs of that. Also important is the point raised in the amendment about the length of service and what is taken into account.

For those of us who, like me, do not support raising the age of recruitment, it is particularly incumbent upon us to ensure that reports and allegations of the sort we have heard from the noble Lord, Lord Russell, and my noble friend Lord Browne, alongside some of the other concerns raised, are taken very seriously by the Government. They should address them as quickly and urgently as possible and report the results of their deliberations into the public domain.

--- Later in debate ---

[Lord Houghton of Richmond (CB)]

My Lords, I support this amendment. I am sorry that my name has not found its way on to the Order Paper; I had Covid last week and I failed the IT test of getting it properly registered.

I come at this from perhaps a different angle. I have spent perhaps rather too much of my latter career in the Ministry of Defence and understand the way it functions. It spends the vast majority of its time—and I think this is understandable—managing the crisis of the moment. It spends very little time, in truth, on strategic foresight, and therefore it spends quite a bit of the other part of its time on making good that lack of strategic foresight—and much of what this whole Armed Forces Bill is about is making good that lack of foresight. The thing that I support so much about this amendment is that it is an attempt to get ahead of the game.

The MoD properly stops and looks to the future in the times of its periodic reviews, and there was much to commend the last integrated review. There are two things I would pluck from it that are relevant to this amendment. First, the review was littered with the idea that the country was making a strategic bet on the future by way of investment in technology: technology would be the source of our new prosperity; it would be the source of our technological edge; we would become a superpower; it was the reason that we could reduce the size of our Armed Forces; it was through the exploitation of novel technology that we could hold our heads up high and not fear for our safety.

At the same time, elsewhere in the review—this is my formulation, not the review’s—two forms of warfare were identified. There is the one we do not want to fight—the reversion to formalised war at a scale above the threshold of kinetic conflict—and then there is this grey area of hybrid war; the war that we are currently engaged in, where our malevolent and malicious enemies seek to exploit every trick in the book and the rules of warfare in order to exploit new vectors of attack to effectively defeat us during peacetime in mendacious ways.

You can read as much as you want into the second thing, but this idea of a permanent competition for relative survival and advantage is undoubtedly a feature of the current global security situation. Therefore, in those moments of strategic foresight in the integrated review, we have in some ways identified the fact that the advantage given by novel technologies will be decisive and that we have enemies who will be mendacious in ways that we cannot quite comprehend.

I worry that, in the months to come, this Chamber might revert to its defence arguments being about counting the number of ships, air squadrons or tanks. The amendment will hold the Ministry of Defence and its generals to account by parliamentarians for the ways in which these weapons evolve—they will evolve at pace—and the rules that are to be employed by not just us but our adversaries and what is and is not their proper exploitation.

Having paused in that integrated review and discerned the future, however darkly, it would be gross negligence if we did not wish upon ourselves an instrument by which the evolution of these weapons and the rules involved in their employment were not the closest interest of parliamentarians and this House. The Ministry of Defence should be held to account over the coming months and years to see how it all plays out. This amendment would do so, and it has my unreserved support.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I apologise again for not speaking in Committee due to being at COP. I offer support and regret that I did not attach my name to this amendment. What the noble Lord, Lord Browne, said about public consultation in this process is really important, as is what the noble and gallant Lord, Lord Houghton, said about parliamentary scrutiny. Those two things very much fit together.

I am very aware that the Minister started this day, many hours ago now, promising to read a book, so I will refer to a book but not ask her to read it. It is entitled Exponential: How Accelerating Technology is Leaving Us Behind and What to Do About It, and it is by Azeem Azhar. The thesis is that there is an exponential gap: technologies are taking off at an exponential rate, but society is only evolving incrementally. In terms of society, we can of course look at institutions like politics and the military.

Another book is very interesting in this area. Its co-author, Kai-Fu Lee, has described it as a scientific fiction book, and it posits the possibility of, within the next couple of decades, large quantities of drones learning to form swarms, with teamwork and redundancy. A swarm of 10,000 drones could wipe out half a city and theoretically cost as little as $10 million.

It is worth quoting the UN Secretary-General, António Guterres, who said:

“The prospect of machines with the discretion and power to take human life is morally repugnant.”


That relates to some of the words in the podcast that the noble Lord, Lord Browne, referred to; I have not listened to it, but I will.

Fittingly, given what the Secretary-General said, the United Nations Association of the UK has very much been working on this issue, and communicating with the Government on it. In February, the Government told it that UK weapons systems

“will always be under human control”.

What we have heard from other noble Lords in this debate about how that language seems to have gone backwards is very concerning.

This is very pressing because the Convention on Certain Conventional Weapons will hold an expert meeting on 2 December, I believe, which will look at controls on lethal autonomous weapons systems—LAWS, as they are known. It would be very encouraging to hear from the Minister, now or at some future point, what the Government plan to do if there are no positive outcomes from that—or, indeed, whatever the outcomes are. While the Government have ruled out an independent process, both the mine ban convention and the Convention on Cluster Munitions were ultimately negotiated outside the CCW.

Finally and very briefly, I will address proposed new subsection (2)(d) and how individual members of the Armed Forces might be held responsible. There is an interesting parallel here with the question on deploying autonomous vehicles—the issue of insurance and who will be held responsible if something goes wrong. Of course, the same issues of personal responsibility and how it is laid will face military personnel. This may sound like a distant thing, talking about decades, but I note that a report from Drone Wars UK notes that Protector, the new weaponised drone, is “autonomy enabled”. I think Drone Wars UK says it has been unable to establish what that means and what the Government intend to do with that autonomy-enabled capability, but the first of an initial batch of 16 Protectors is scheduled to arrive between 2021 and 2024, and the Protector is scheduled to enter service with the RAF in mid-2024.

So I think this is an urgent amendment, and I commend the noble Lord, Lord Browne, and the others on this, and I would hope to continue to work with them on the issue.

[Baroness Smith of Newnham (LD)]

My Lords, I would like to support this amendment, in the name of the noble Lord, Lord Browne of Ladyton, the noble and gallant Lord, Lord Craig, and my noble friend Lord Clement-Jones. The noble Lord, Lord Browne, has probably spent an hour, this evening and in aggregate, explaining to the Chamber the need for this amendment.

As the noble Lord and my noble friend Lord Clement-Jones have pointed out, on 1 November, some of the issues raised about novel technologies and autonomy were raised; I am not sure the House was wholly persuaded by the answers the Minister was able to give on that occasion. I think it is essential that the Government think again about how they might respond to the noble Lord, Lord Browne, and to this amendment, because we have heard how vital it is that we understand the danger that the world is in. We cannot just ignore it or say we might think about it at some future date because it is not a matter for today.

If we are keen to recruit for the 21st century, recruitment is not just about cannon fodder; it is about people who are able to understand the legal aspects of warfare and the moral issues we need to be thinking about. We need service personnel, but we also need—as the noble Lord, Lord Browne, so eloquently argued—politicians and officers who are able to make decisions. There are questions about autonomy that need to be understood and focused on now, and it is crucial that we talk with our partners in NATO and elsewhere. We cannot simply say we are not interested at the moment in debating and negotiating international agreements; we absolutely have to. The time to act on this is now; it not at some future date when the Government think they might have time. We need to do it today.