Armed Forces Deployment (Royal Prerogative) Bill [HL]

Baroness Jolly Excerpts

Friday 8th July 2016 Lords Chamber

[Baroness Jolly (LD)]

My Lords, I shall not delay the House too long in speaking to my noble friend’s excellent Bill. It is not only timely but very clear and overdue. This has been quite a week and the timing of this debate is serendipitous. Wednesday saw the long-awaited publication of the Chilcot report, which was critical of the decision, made by the Cabinet and led by the Prime Minister, to go to war against Iraq. Noble Lords are all too aware of the details and my noble friend outlined them in her excellent and comprehensive speech.

This simple but comprehensive Bill puts it beyond doubt that the decision to commit our country and our excellent, dedicated and professional Armed Forces to war is to be put firmly in the hands of the elected Parliament. The process outlined is clear, not protracted, and with the option of consulting your Lordships’ House. With Clauses 3 and 4, the Bill more than allows for the objections of the current Secretary of State for Defence and gives complete discretion to the Prime Minister in the writing of the report.

I remind noble Lords that the convention which has arisen since the Iraq conflict is just that—a convention. As we have heard, the previous Foreign Secretary, the noble Lord, Lord Hague of Richmond, stated in 2011 that it was the position of the Government to introduce such a measure. It is also most certainly Lib Dem policy. However, also in 2011, the House of Commons Political and Constitutional Reform Committee called for greater clarity and for a draft for consultation to be presented. This did not happen. By contrast, your Lordships’ own Constitution Committee believed Parliament’s role should not be formalised. One House therefore seemed to be leaning in one direction, and the other in a different one. My noble friend Lady Falkner of Margravine was a member of that committee and disagreed with it. As a result, she got people to draft this Private Member’s Bill and produced it.

The current Secretary of State for Defence has stated that the Government have a strong commitment to the convention. I do no doubt that for a moment—the current Secretary of State is an honourable person, as I am sure the next Prime Minister will be, whoever she is. However, we make legislation not for the present but for the future—for when a Government may have ignored or forgotten the consequences of Iraq and the recommendations of Chilcot. This Bill is the right way to deal with this, and I am happy to support my noble friend in introducing it. Unlike others, I believe it certainly deserves further debate in Committee.