Armed Forces Act (Continuation) Order 2017

Earl Howe Excerpts

Tuesday 21st March 2017 Lords Chamber

Moved by

[Earl Howe]

That the draft Order laid before the House on 20 February be approved.

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, the brave men and women of the UK’s Armed Forces are, even as we debate, stationed around the globe keeping us safe. Yet, ever since the 1689 Bill of Rights, the vital protection they afford us rests upon the consent of Parliament. The specific legislation governing our military is contained in the Armed Forces Act 2006. It provides the legal basis for the system of command, discipline and justice that makes our personnel the best in the world.

Every five years, that legislation must be renewed by an Act of Parliament and, in the interim, by annual Order in Council. Since the Act itself passed in 2016, today our job is to consider, and I hope approve, the order, which will extend the force of legislation until May 2018. To appreciate its significance, one has only to imagine the consequences of allowing the Act to expire. The prospect of having our Armed Forces unregulated and our nation no longer able to defend itself is not to be contemplated.

It is in all our interests to ensure a speedy renewal, and I urge the House to agree to that, not least because the dangers we are facing are growing in complexity, diversity, multiplicity and concurrency. That was the expert opinion of our SDSR in 2015, and I firmly contend that nothing that has happened since has given us cause to alter it. Let us consider just a few of the main security challenges that we face in the world today: Daesh in the Middle East, and the prospect of its fighters returning to the continent; an increasingly aggressive Russia, menacing its neighbours in eastern Europe; an ever more assertive China in the South Pacific; and a belligerent North Korea, testing nuclear weapons and the patience of the international community.

All the while, we are contending with humanitarian crises in Syria and South Sudan, mass migration in Europe, rising Islamist fundamentalism, cyberwarfare, piracy on the high seas, and the perils of climate change. Individually, each represents a greater or lesser threat to our nation. Collectively, they pose a direct danger to our international rules-based order—which, in turn, underpins our values and our way of life.

As we have discussed many times before, the UK’s Armed Forces are working tirelessly to protect our nation today. The real question hinges on their ability to react tomorrow. Indeed, that was precisely the focus of our SDSR in 2015. Its response was to restructure defence to make us better prepared for the future, so it is worth reflecting on three of its most significant elements.

First, it ensured that we are investing in the full spectrum capability necessary to deter any danger. The Government chose to grow their defence budget, at a time of austerity and in the face of many other competing interests, so that they could spend £178 billion on the best kit money can buy: digitally enhanced Ajax armoured vehicles, upgraded Apaches, new frigates, a new fleet of drones and a regenerated carrier strike. We are investing not just in conventional forces but in nuclear deterrence, putting aside billions to build new Dreadnought submarines to provide our nation’s ultimate safeguard well into the 2050s. All the while, the exponential pace of technological advance means that we must continually stay ahead of the curve. So we are putting our emphasis on innovation, using an £800 million fund to generate a wide range of disruptive capability in laser weaponry, cyber and big data.

Secondly, the SDSR makes government far more integrated. The global problems we are facing transcend Whitehall borders and boundaries. Consequently, we have brought together all levers of government—whether defence, diplomacy, development, trade or engagement —to pack a more powerful punch. So today we do not just have a National Security Council offering collective strategic leadership across Whitehall on national security and crisis concerns: we have cross-Whitehall funds and joint policy and delivery units covering defence, the Foreign Office and DfID to focus our combined energies on the most pressing issues.

This holistic approach is paying dividends on the ground. When it came to tackling Ebola in Sierra Leone, our Armed Forces built treatment centres staffed by NHS volunteers, while officials from DfID, the FCO and our charities educated villagers about prevention. Together with our international partners, we stopped a deadly disease in its tracks. Meanwhile, today we are applying persistent simultaneous pressure to the Daesh terrorists on multiple fronts—militarily, economically and in cyberspace.

The third element of our SDSR was about ensuring that UK defence becomes international by design. In a world of complex global problems, it is vital for us to work more effectively with our partners. That means much more than collaborating to counter imminent threats; it is about joining forces to stop crisis morphing into regional chaos. It is about building the capability of partners to support good governance and doing more to understand international perspectives. It is also about working collectively to strengthen our trade and increase our prosperity.

Since the decision of our people to leave the EU, we have become even more determined to step up to defend global security. So we are doubling peacekeeping support for the UN, as well as working more closely with the OSCE, the African Union and the Commonwealth. Above all, we are strengthening our support for NATO. Sixty-eight years after the alliance was formed, it remains as relevant as ever. As US Defense Secretary James Mattis said recently, it is,

“a fundamental … bedrock … for all the transatlantic community”.

That is why the UK continues to meet the 2% GDP target. It is why we are leading the very high readiness joint task force—sending 3,000 of our own personnel to join the 14-nation force. It is why we are contributing to the enhanced forward presence in Estonia and Poland, as well as policing Black Sea skies. Finally, it is why we are playing a key role building up the alliance’s cyberdefences as part of the Cooperative Cyber Defence Centre of Excellence in Estonia.

However, the alliance is only as strong as its weakest link. It is not enough for us to pull out all the stops; we need other nations to up their game. We agree with President Trump and General Mattis that it is time for the allies to pay their way. US taxpayers cannot subsidise European defence. Currently, 19 of the 28 EU member states are failing to spend 1.5% of GDP on defence. Five—by no means the poorest five—do not even spend 1%. It is salutary to think that, after we leave, EU countries will pay only 20% of NATO’s bills.

NATO adaptation also goes beyond money. We need the alliance to streamline its political and governance structures to make faster decisions, just as we need it to take a 360 degree view, offering total security against threats both from the east and the south.

The UK is also looking to develop combined military formations with like-minded allies that complement NATO. Our joint expeditionary task force working with our northern European partners—Denmark, Estonia, Latvia, Lithuania, the Netherlands and Norway —gives us greater speed and flexibility to respond to crises. At the same time, we are strengthening our ties with our closest allies such as the US, France and Germany. Together we are building a tapestry of capability to tailor our response to any threat. With France, besides creating a combined joint expeditionary force, we are co-operating on future combat air systems, which will give us the most advanced unmanned combat air system in Europe.

No one would deny that the international environment is becoming more challenging, that the dangers are increasing daily and that we need to do more. In fact, the great advantage of debates such as this is that we have the chance to listen and learn from the opinion of our finest military minds and thereby become even stronger.

All that said, I believe SDSR 2015 has put us in a better position to deal with the unexpected. The UK is investing more, integrating more and doing more to work internationally. The future remains uncertain but we are now on a more secure path towards peace and prosperity. I beg to move.

--- Later in debate ---

[Earl Howe]

My Lords, it is a mark of the experience that resides in this House that we have had the privilege of listening to so many well-informed, constructive and well-argued contributions to this debate today. It has been a truly memorable occasion in that sense. I begin by thanking most warmly all noble Lords and noble and gallant Lords who have spoken. In fulfilling the role that I occupy in government, I carry with me the reassurance that on all Benches in this House, without exception, there is unshakable support for the men and women of our Armed Forces and a passionate wish to ensure that they are led, equipped, trained and looked after to the highest standards in a way that enables them to fulfil, credibly and well, the tasks placed upon them by government. It is not surprising, with so many contributors and a Motion that is so deliberately broad in its scope, that the subject matter of your Lordships’ speeches should have been equally wide-ranging. I shall do my best, as I always do, to respond to as many noble Lords as I can in summing up. All questions asked of me will receive an answer, either today or in writing afterwards.

Let me start with some key aspects of the big picture and, first, the topic raised by a number of noble Lords: the UK’s defence budget. Not for the first time the noble Lord, Lord Touhig, raised questions around the 2% spending target. In particular, he cast doubt on whether we are genuinely spending 2%, a question echoed by the noble Baroness, Lady Crawley, and the noble and gallant Lord, Lord Stirrup, who urged us to spend more, as did my noble friends Lord Sterling and Lord Robathan, the noble Earl, Lord Cork and Orrery, and the noble Lord, Lord Ramsbotham. Let me remind the House that we spend in excess of the NATO 2% minimum and are pledged to increase our defence spending in real terms year on year during this Parliament.

The noble Lords, Lord Rosser and Lord Touhig, accused the Government of creative accounting. As they would expect me to say, we do not accept those accusations. The House of Commons Defence Committee’s own report on the matter confirms that all UK spending on defence, including intelligence, cyber, war pensions and others, falls firmly within NATO’s guidelines. Given that defence spending will increase by £5 billion over this Parliament, it is nonsense to suggest that there is no new funding. Our plans will deliver more ships, more planes and more troops at readiness, better equipment for Special Forces and more on cyber, to help keep Britain safe.

However, I want to be fair. The question posed by a number of speakers is, essentially, whether 2% is enough for the UK to be spending. First, the noble Baroness, Lady Dean, rightly reminded us that 2% is a base figure. However, the commitment to spend at least 2% of GDP on defence came after a thorough examination of threats and risks, after which the Government decided on an appropriate level of funding. I acknowledge the honourable motives of noble Lords who urge us to spend substantially more. However, I challenge the Government’s critics to show how the strategic defence and security review failed to set out a clear and affordable strategy for delivering one of the most capable Armed Forces in the world. That was our aim, and the SDSR did that by including an expeditionary force of 50,000 by 2025, £1.9 billion for cyber investment, new capabilities for Special Forces and a commitment to spending more than £178 billion on equipment and equipment support, which is £12 billion more than in previous plans.

The noble Lord, Lord Rosser, and the noble Baroness, Lady Dean, referred to the drop in the exchange rate since last year. I can tell them that we built headroom into our forward plan to use in the SDSR, and that is what we did. We hold more than £5 billion of contingency in the equipment plan against an independently assessed financial risk of £4.8 billion. The forward purchase of foreign currency at agreed prices has provided cost stability in the early years of the programme. Longer-term challenges will, if necessary, be met through the normal planning process.

In addition, the noble Lord, Lord Rosser, rightly referred to the MoD’s efficiency target. We have a demanding target, as we should, given the Government’s objective to drive down the deficit. We are absolutely focused on delivering it.

The noble Lord, Lord Empey, questioned our commitment to spend 0.7% of GDP on overseas development aid. The rationale for this is to enable government to prioritise prevention and preparedness in fragile states and regions. By doing so we build stability and tackle the root causes of conflict as part of a whole-government approach to national security, alongside diplomatic, defence and law enforcement capabilities. That is particularly important for countries and regions at risk of instability. These strategies are co-ordinated and owned by the National Security Council. An expanded Conflict, Stability and Security Fund now exists to direct cross-departmental effort in fragile states, and the MoD is able to draw from that.

I was grateful to my noble friend Lord Attlee for his helpful comments on military capability. On that theme, let me address my noble friend Lord Sterling’s concerns about hollowing out and shortfalls in capability. No one in this debate has referred to the clear plan set out in the SDSR 2015 of Joint Force 2025. The key to understanding this concept is a simple proposition: it is to strengthen our Armed Forces while increasing their adaptability. Joint Force 2025 is designed to meet the more complex real-world challenges of today and to provide a greater ability to undertake the full range of different operations, including warfighting under NATO Article 5. It will enhance our ability to work alongside our key allies and partners, including providing a framework for the UK-led joint expeditionary force.

With the joint force, by 2025 we will be able to deploy a force of around 50,000 drawn from a maritime task group of around 10 to 25 ships and 4,000 to 10,000 personnel; an Army division of three brigades and supporting functions of around 30,000 to 40,000 personnel; an air group of around four to nine combat aircraft squadrons, six to 20 surveillance platforms and five to 15 transport aircraft, and 4,000 to 10,000 personnel; and joint forces, including enablers and headquarters, of around 2,000 to 6,000 personnel. This capability will allow us to meet the demands of multiple smaller and geographically dispersed operations, and to respond to the most significant challenges to national security, including a call to warfighting under NATO Article 5.

The large, sophisticated expeditionary force of around 50,000 at the centre of Joint Force 2025, combined with the development of our Special Forces, sends a powerful message to our adversaries and, I am sure, reassures our allies. While it is perfectly true that various capabilities announced through the SDSR 2015 will not come online until the 2020s, we have a significant equipment programme already delivering and we will be making improvements to our cyber and intelligence capabilities well before the next Parliament. Policy changes, particularly innovation and efficiency, will take root immediately, as will international by design.

Let me follow the latter theme. The noble Baroness, Lady Crawley, drew attention to the UK’s relationship with our most important ally, the United States. The UK and the US have the broadest, deepest, most advanced defence relationship of any two countries. Our collaboration extends across the full spectrum of defence, including intelligence and nuclear co-operation, scientific research and flagship capability programmes. This has continued under the new Administration. The Defence Secretary spoke to US Secretary of Defense, Jim Mattis, on his first day in office. They had a substantial bilateral in the margins of the February NATO Defence Ministers meeting and teams are looking at a future meeting in the next month. We have shared priorities. President Trump, Vice-President Pence and Secretary Mattis have all confirmed the US commitment to NATO. I am sure that will be welcomed by my noble friend Lord Jopling, whose speech I listened to with particular care and attention.

Similarly, no one can listen to the noble Lord, Lord Hennessy, without paying careful attention to his advice. I listened to the noble Lord’s reflections about the UK’s place in the world with great interest and I noted with care the rationale he advanced for establishing a royal commission. However, although eloquently argued, I cannot agree with his characterisation of the UK as a destabiliser nation. Our exit from the EU does not equate to a retreat from the world stage—quite the reverse. The policies that we committed to in the last SDSR will bring us into closer co-operation with a wider range of allies and partners. Brexit does not change that. It reinvigorates—it does not diminish—our capacity to bring stability to the vexing world that he describes.

The noble and gallant Lord, Lord Walker, and the noble Baroness, Lady Crawley, asked about our defence and security relationship with the EU after Brexit. The negotiations with the EU Commission, of course, are yet to commence, but we want to use our tools and privileged position in international affairs to continue to work with the EU on foreign, security and defence policy. Defining the specifics of the UK’s future foreign and security policy relationship with the EU will be an important consideration as we leave.

The noble and gallant Lord, Lord Walker, asked about the effect on defence were Scotland to vote for independence after Brexit. I hope he will not be disappointed by the answer I am about to give. The people of Scotland have already voted to remain in the UK. The UK Government continue to be strongly committed to Scotland remaining in the UK, so the MoD is not making any plans for Scottish independence. I can, however, say that the Government are firmly committed to the future of defence in Scotland and its continued vital role in defence. Scotland is home to military bases that provide essential capabilities for the defence of the UK as a whole. It benefits from billions of pounds of MoD contracts placed directly and indirectly with companies which sustain hundreds of jobs and careers.

On the subject of Brexit, I am led to the speech of the noble Lord, Lord Wallace of Saltaire, who referred to our bilateral defence links in Europe, as did the noble Baroness, Lady Crawley. The noble Lord asked about Germany. The UK is committed to strengthening its defence and security ties with Germany. Germany is a key ally for us, as recognised in the SDSR, in which Germany was elevated to a tier 1 defence relationship alongside the US and France. Germany has since reciprocated in the publication of its own 2016 defence review. We are enhancing our bilateral co-operation with Germany in the areas of operations, training and equipment. We are seeking to enhance our interoperability as well. We are driving towards closer joint working on innovation and equipment projects—which should, in the case of common aircraft such as Typhoon and A400M, for example, reduce support costs—improving our information sharing and working more closely in other areas such as cyber and capacity-building in countries outside Europe.

Our bilateral links in Europe will grow in importance, as I have said. The UK and France have been bound by mutual security commitments for over 100 years and we are now building an ever closer bilateral defence and security relationship through the 2010 Lancaster House treaties. These recognise that our history, interests, values, challenges and capabilities are so closely aligned and so deeply interlinked that it is the right strategic choice, and plain common sense, to work together to address the security challenges that we face.

As I expected, the noble Lord, Lord West, challenged the Government on the size of the Royal Navy. I entirely understand his perspective—as I do that of the noble Baroness, Lady Crawley, who spoke on a similar theme—but I do not share it. Not only is our fleet set to grow for the first time since World War II but its high-end technological capabilities will allow it to provide a better contribution and to retain a first-class Navy up to 2040 and beyond.

[Lord West of Spithead]

I asked the noble Earl whether there would be more ships in the Navy by 2025 or fewer and, after a dialogue, we decided it would be one fewer. So it might be growing in weight but not in numbers.

[Earl Howe]

It is certainly growing in weight but our ambition is for it to grow in numbers once the Type 31E destroyer comes on stream. We will maintain a destroyer and frigate fleet of at least 19 ships and we will look to increase that number by the 2030s. The Queen Elizabeth-class aircraft carriers will be coming into service and the fleet will also be supported by a capable and renewed tanker fleet, with four new fleet tankers to add to our existing new fast fleet tankers in the short term and three new fleet solid support ships in the longer term. A fleet of up to five offshore patrol vessels will support our destroyers and frigates in delivering routine tasks and enhance our contribution to maritime security and fisheries protection.

The noble Lord, Lord West, asked about carrier capability. The first of our carriers, HMS “Queen Elizabeth”, will enter service in 2018, after which she will conduct flying trials. As he knows, in relation to the situation currently, where he asked about technical issues, there have been a number of issues associated with bringing the ship’s systems on line, but there is sufficient flexibility within the programme to allow us to complete the schedule on time. We still expect HMS “Queen Elizabeth” sea trials to commence in the summer of 2017.

I welcome the remarks of the noble Baroness, Lady Crawley, and the noble Lords, Lord Touhig and Lord West, on the Dreadnought programme. I can tell them that the construction of the first new Dreadnought-class submarines is under way following the contract award announced by the Defence Secretary on 1 October. On 20 December we published the 2016 annual report that updated Parliament on the United Kingdom’s future nuclear deterrent. This was the fifth update and, as with previous reports, it detailed the progress that we have made on the programme and its governance since the last update in the 2015 SDSR.

Also as set out in the SDSR, we are creating a new submarine delivery body for the procurement and in-service support of all nuclear submarines, to stand up in April 2017. I recognise that the noble Lord, Lord Levene, has concerns about this delivery model. The establishment of the submarine delivery body reflects the Government’s commitment to the nuclear enterprise and the unique scale, complexity and importance of this national endeavour. Its establishment reflects lessons learned from successful capital programmes found elsewhere in government which demonstrate that a dedicated organisation with a single focus can make a major contribution to successful delivery. It will also enable targeted investment to further enhance our performance on procurement and support, building on work taken forward under DE&S transformation.

As an executive agency, the submarine delivery body will have a clear cultural focus on delivering submarine procurement and support, time, cost and quality, and be the sole organisation responsible within the MoD for doing so. That provides for clear lines of accountability and allows us to create a closer relationship between the delivery body and its customers.

I depart from those noble Lords who argue that the deterrent should not feature in the defence vote. If the budget for the deterrent lay elsewhere, it is certain that the MoD budget would go down. However, it surely is right that the MoD pays for the nuclear deterrent as the Royal Navy is responsible for delivering it 24/7, all the year round, and has done so without rest for nearly 50 years.

The noble Lord, Lord Judd, asked what we were doing to promote nuclear disarmament. In February 2016 the UK proposed a programme of work at the conference on disarmament in Geneva with the aim of reinvigorating the conference’s work. The P5 process initiated by the UK brings together nuclear weapon states to build trust and confidence to help develop the conditions which would enable disarmament. Over the coming year we will continue to press for key steps towards multilateral disarmament, including the entry into force of the Comprehensive Nuclear Test Ban Treaty and successful negotiations on a fissile material cut-off treaty in the conference on disarmament.

I agree with much of what the noble Lord, Lord Levene, said about the principles underpinning our approach to defence procurement, and the same applies to the remarks of the noble Lord, Lord Davies of Stamford. The noble Lord, Lord Davies, spoke about the propulsion issues affecting the Type 45 class. There is good news on that front about which I will write to him, and I will write to the noble Lord, Lord West, about Type 31E. The noble Baroness, Lady Crawley, asked about Plymouth Devonport. The naval service is developing a strategy that will focus on centres of specialisation. This includes an amphibious centre of specialisation in the south-west based around Devonport.

My noble friend Lord Robathan spoke about the importance of maintaining our efforts to recruit into the Armed Forces, in particular into the Regulars, and I agree entirely with his sentiments. I will write to him to flesh out the picture that we are now experiencing, which is on the whole positive as official statistics indicate that intake levels are showing a steady increase. The noble Baroness, Lady Dean, asked in particular about recruiting into the Reserves. We remain committed to reaching our target of 35,060 trained reservists by 2019 and we are moving fast in that direction. Central to that is an improved offer, including better training, equipment and remuneration along with an improved experience for reservists.

The right reverend Prelate the Bishop of Leeds and the noble Baroness, Lady Jolly, reminded us compellingly of the threat posed by Russia. Russia is seeking to re-establish itself as a great power. In doing so it has become more aggressive, authoritarian and nationalist, and its risk appetite to take action in pursuing its interests has increased, hence the decisions taken by NATO at the Cardiff and Warsaw summits. My noble friend Lord Jopling asked about our enhanced forward presence in Estonia. The UK will deploy an enhanced forward presence HQ commanded by a colonel and an armoured infantry battle group to Estonia from early next month on an enduring basis. The battle group advance party deployed on 19 March and the main body will deploy in early April. The UK will also deploy a light cavalry squadron to Poland, and that deployment too will be completed next month.

My noble friends Lord King and Lord Robathan and the noble Lords, Lord Ramsbotham and Lord Touhig, referred to the importance of cyber. In 2014, GCHQ dealt with 100 cyber national security incidents per month. In 2015 the figure had risen to 200 a month. Each of these attacks damages companies, their customers and the public’s trust in our collective ability to keep their data and privacy safe. The Government recognise that we must take steps to defend our national security in cyberspace as we do in any other domain. We have a substantial budget for this across government and, to co-ordinate properly this whole-nation effort, the Government created the Cyber and Government Security Directorate in the Cabinet Office, which runs the national cyber security programme. We have also announced the creation of a national cyber centre to provide a unified platform to handle cyber incidents.

I cannot do full justice to the speech of the noble Lord, Lord Hannay, to whom I listened with great respect, but I will write to him. He asked whether we will remain committed to the agreement with Iran. We do remain committed to the full implementation of the joint comprehensive plan of action, often known as the Iran nuclear deal. We will continue to work with the United States on ensuring its implementation. As regards the UK’s contribution to UN deployments, we are increasing our support for UN peacekeeping efforts and we will continue to do so. As the noble Lord, Lord Hannay, will know, we have current deployments in South Sudan, Somalia, Mali and Cyprus, where we have been patrolling the green line for 50 years.

The noble and gallant Lord, Lord Craig of Radley, spoke about combat immunity, and I thank him for his constructive comments and for his continued and long-standing interest in this matter. As he will be aware, we have said that we will be bringing forward our proposals on combat immunity shortly. We are considering the responses to the Government’s recently concluded consultation, which did not propose specific drafting terms for achieving a policy. He will understand that I cannot pre-empt the process or anticipate what the Queen’s Speech may say, but I can assure him that we share his desire to provide greater clarity on this matter.

My noble friend Lord Astor, in a powerful speech, mentioned Northern Ireland and the issue of investigations currently under way in relation to incidents that took place during the Troubles. There are many of his remarks with which I and the Government, and I am sure many others present on these Benches, would wish to associate themselves. Against that background I can understand his questioning the justice of pursuing criminal cases against members of the military over events that may have taken place more than 40 years ago. It is a matter that concerns the Ministry of Defence, as it concerns him, but I hope he will understand the limitations over what I can say in response to his comments about the specific case he raised of Corporal Major Dennis Hutchings. I understand that the local magistrate in Armagh has today decided not to commit on the charge of attempted murder, but he has committed Corporal Major Hutchings to be tried in the Crown Court on a charge of grievous bodily harm. The case is now before the court and is clearly subject to a process that is independent of the Ministry of Defence and indeed of the Government. That specific case aside, I accept absolutely what my noble friend said about the need for the whole issue of criminal inquiries into conduct during the Troubles to be balanced and that many perceive this currently not to be the case, a point also made by the noble Lord, Lord Empey. My right honourable friend the Secretary of State for Defence has previously undertaken to work with the Secretary of State for Northern Ireland to ensure that in any proposals he brings forward to deal with legacy matters, there is a fair, balanced and proportionate approach to investigating the past.

The noble Lord, Lord Burnett, asked me a number of questions. I am being reminded that I have overshot the expected time but with the leave of the House I will continue for another couple of minutes. He asked about Sergeant Blackman and what monitoring and assistance is given to a defendant charged with serious offences, such as those Sergeant Blackman faced, at the start of the process. Ensuring that those facing legal proceedings have the appropriate welfare and legal support is a responsibility that the MoD takes extremely seriously. A wide range of welfare support is available to both current and former personnel and these policies are kept under review. For suspects, legal funding for service personnel and veterans facing criminal allegations is provided through the Armed Forces Criminal Legal Aid Authority.

We understand that neither the prosecution nor Sergeant Blackman’s original defence team obtained psychiatric evidence before the start of his court martial, and that no psychiatric evidence was called during the trial itself. The defence did obtain a psychiatric assessment for the purposes of sentencing. In the recent CMAC judgment the court stated:

“If the expert evidence of the psychiatrists and other evidence set out fully at paragraphs 86 to 106 below had been before the court martial, we are in no doubt but that the defence of diminished responsibility would have had to have been left to the Board and that it could have affected their decision to convict”.


The Government have been successful in establishing, both in the European Court of Human Rights and in the civilian courts, that the court-martial system is in principle safe, independent and impartial. The current system of majority verdicts has been considered twice by the Court Martial Appeal Court in the last five years and was on both occasions held to be fair and safe. The Court Martial Appeal Court, which is made up of the same judges as sit in the civilian Court of Appeal, has held that there is no ground for deciding that a verdict by simple majority of the lay members of a court martial is inherently unfair or unsafe.

The rules regarding membership of the court martial focus on and recognise the importance of experience of command and the exercise of service discipline at a sufficiently high level to enable lay members to assess the actions of those who appear before them in the court martial in the appropriate command and disciplinary context. We have seen no evidence that a member of the panel allegedly sent a message to the effect that they had come under intense political pressure to convict. We respect the court’s latest judgment in relation to Sergeant Blackman, which found no basis to criticise the original court martial and indicated that the issues raised at the time were dealt with in an entirely fair and proper manner.

In closing, I thank noble Lords once again for taking part in today’s debate. The message conveyed by noble Lords will not be lost on the Government. As ever, it has been a valuable discussion around some of the most demanding challenges that face our nation today. I am struck by the fact that we all appear to agree on the reality and nature of those challenges. They are the same ones that the Government wrote about in the SDSR 2015. We believe that to meet these challenges we need to strengthen the bonds of co-operation that underpin the rules-based international order. I do not believe that any noble Lord would wish to divert us from that aim. We are doing more to lead and reform NATO; we are intensifying our collaboration with allies and partners in pursuit of our shared objectives; and we are integrating the levers of power across government, so that the UK is more effective in these endeavours. Through Joint Force 2025 we are making defence’s principal contribution to the levers of government —the Armed Forces—more capable, versatile and deployable than ever before. Those programmes, when put together, make a reality of the UK’s vision of being an outward-looking, global force for good, promoting stability, security and prosperity around the world. I beg to move.

Motion agreed.