Armed Forces Act (Continuation) Order 2022

Baroness Goldie Excerpts

Tuesday 5th July 2022 Lords Chamber

Moved by

[Baroness Goldie]

That the draft Order laid before the House on 13 June be approved.

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, today we have a small though essential piece of parliamentary business to conduct: our annual consideration of the legislation governing the Armed Forces. First, I express my admiration for our Armed Forces—a sentiment that I know is echoed across the Chamber—who display with professionalism and commitment their exceptional feats to protect this country. At times they do so in incredibly difficult circumstances at home and further afield. They deserve our absolute unqualified respect and appreciation.

As we commemorate the 40th anniversary of the Falklands War, I take this opportunity to extend our gratitude to those 30,000 brave men and women who made that long journey to the south Atlantic and served with courage and distinction. It was a privilege for me to attend the Falklands War memorial service at the National Memorial Arboretum last month. That was a most poignant occasion.

The draft order that we are considering is to continue in force the Armed Forces Act 2006 for a further year—that is, until the end of 14 December 2023. This reflects a constitutional requirement under the Bill of Rights that a standing Army, and by extension now the Royal Navy and the Royal Air Force, must have the consent of Parliament. Every five years, renewal is by an Act of Parliament—an Armed Forces Act. The most recent was in 2021 and there must be another before the end of 2026. Between each five-yearly Act, annual renewal is by Order in Council, such as the one before us.

The Armed Forces Act 2006 contains the provisions necessary for maintenance of the Armed Forces, including the systems of command, justice and, very importantly, discipline. If the Armed Forces Act 2006 is not renewed by this Order in Council before the end of 14 December 2022, it will automatically expire and the legislation that governs the Armed Forces and the provisions necessary for their maintenance as disciplined bodies will cease to exist. The continuation of this Act therefore is essential for the maintenance of discipline wherever service personnel are serving in the world, whether that is supporting emergency services and local communities at home, as demonstrated so impressively in the recent fight against Covid; continuing to provide high-quality instruction and training to many of Ukraine’s troops; or maintaining and enhancing our welcome footprint in the Baltic and northern Europe to strengthen Euro-Atlantic security.

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[Lord Burnett (LD)]

My Lords, I join the Minister of State, my noble friend Lady Smith and the noble Lord, Lord Coaker, in their support and admiration for our wonderful Armed Forces. During the progress of the Act, I referred to Sir Richard Henriques’s admirable report and the suggestions and recommendations he made. Will the Minister give us an answer as to what is happening about those recommendations? If not much is happening, when will something happen about them?

[Baroness Goldie (Con)]

My Lords, I thank your Lordships for the warmth of sentiment. I think we articulate a conjoined view of admiration for our Armed Forces. It is very important to our Armed Forces to know that these sentiments come from all quarters of the Chamber. It is important that they are aware of that and know that they are valued right across the political spectrum. I thank your Lordships for making that so clear.

The noble Lord, Lord Coaker, raised a number of points. He correctly raised the need to continue to explain to the public the importance of what we are doing to support Ukraine. I absolutely agree with that. As I think we all understand, what we are doing to come to the aid of Ukraine and to assist in its self-defence, along with our NATO allies and other partners, is, frankly, a fundamental fight for the preservation of freedom, sovereignty and respect for international law, which we have seen so appallingly traduced in recent months. I entirely agree with his sentiment, and there are probably various ways in which we can apply our minds to how we might continue to do that, and maybe do it better, so I thank him for raising the point.

As he indicated, it extends not just to the United Kingdom but to our NATO allies. The NATO summit did its own bit of dissemination of information, because it garnered a lot of publicity and interest. It was largely all about how we in Euro-Atlantic security recognise what has been happening and then pool our resources to make sure we have a really impressive and robust facility to deter any further illegal activity.

The noble Lord raised a technical point that I understood, but it bewildered me because I did not have an answer to it. I am grateful to him for raising the point. I am informed by my officials that the Armed Forces Act 2006 itself does not extend to Gibraltar and the Channel Islands. I think that is because of their particular Administrations and regimens within their jurisdictions, but apparently they can apply the Act using their own legislation. It seems that technically they are outwith the scope of the Act but that if there are parts of the Act that they wish to invoke, they can use their own legislative powers to achieve that.

The support of the noble Baroness, Lady Smith, for the Armed Forces was also very welcome. I rather shared her sense of déjà vu about the recurrence of Armed Forces legislation. We all agree that it is important, but we have been seeing it quite regularly in the legislative programme. It matters and it is probably refreshing for us all—not least for me as a Minister—to be constantly reminded of things we must keep an eye on.

I wish to reassure the noble Baroness that the SI we are dealing with is of course very important. She mentioned the paucity of personnel on the Front Bench. I think earlier matters completely consumed your Lordships’ attention and probably exhausted their appetite for further discussion. I was very nearly not here myself, so it was a great relief that I came panting in at the 11th hour. I hope the Secretary of State for Defence remains in post; he and I have a good relationship and I think he is doing a first-class job.

The noble Baroness raised the important issue of what the Government are doing to value our Armed Forces and to be sure that we are allocating to them the resources they require. She raised a number of important specific issues, such as health and safety, morale and troop numbers, which I know is a subject of interest to your Lordships. With the recent budget settlement, a lot of expenditure is now being allocated to the very sorts of things she is concerned about, whether that is improving uniforms—not least for women, interestingly—or looking at upgrading service families’ accommodation and making sure it is much more modern and acceptable. There have been issues with some elements of that accommodation but that is currently very much under active review.

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[Lord Burnett (LD)]

Sir Richard Henriques made an admirable report, which we discussed in last year’s debate leading up to the Act. He made some recommendations, and I wonder what has happened about them—whether they have been adopted and when they will be adopted if they have not—and the progress the Government are making in dealing with those very important recommendations.

[Baroness Goldie (Con)]

I thank the noble Lord and apologise for failing to pick up on his question first time round. I have good news to share. The Henriques report was, frankly, excellent, and pivotal to redirecting how the MoD should conduct activity within the service justice system. I remind your Lordships that Henriques found that that system was, in its own respect, robust, professional and capable. Importantly, the Defence Serious Crime Unit has been set up, and a provost marshal has been appointed to run it. There are to be improvements to Military Police investigations, but the Military Police are now benefitting from additional training which they share with their civilian counterparts. That is a very important aspect of how we assist our Military Police in dealing with investigations. There have been other improvements in how we expect witnesses to give evidence and the protections we can afford to them when they give evidence, including victims, so that that much more replicates the safeguards we find in the civilian criminal justice system.

What might be helpful to the noble Lord is for me to go back and task my official who is preparing a little précis of the progress that has been made—progress has been constant and it has been important—and undertake to write to the noble Lord with that. I will put the letter in the Library so that that information is more broadly available.

[Lord Coaker (Lab)]

I thank the Minister for that very helpful reply about the Henriques review and the progress being made with it. Given that she said that this order does not apply to Gibraltar, and has outlined the way in which discipline will be progressed through the Henriques review and other regulations as they come forward, does that mean that none of the regulations as they relate to discipline and apply with respect to this order will apply to Gibraltar? The Minister may not be able to answer, but she gave a very helpful answer about the Henriques review, which deals with service discipline and service justice, and outlined the progress made with respect to its implementation. But given that this order does not apply to Gibraltar—if I understood it right, the Gibraltar Government have their own rules—what does that mean for regulations such as the Henriques review with respect to Gibraltar?

[Baroness Goldie (Con)]

It is probably important to distinguish between discipline, which is one of the tenets of our UK Armed Forces, and operating according to a code of behaviour and under a chain of command. That is what the Armed Forces Act embraces and what the annual renewal order refreshes every year. That is entirely to do with United Kingdom forces and how they are constituted. Gibraltar and the Channel Islands are outwith that.

On the question of how we run our service justice system, I may be wrong but I think that the service justice system is distinct from Gibraltar because Gibraltar has its own administrative and legislative processes. I will inquire on that, and undertake to write in greater detail to the noble Lord.

Motion agreed.