Unmanned Aerial Vehicles

Lord Beamish Excerpts

Tuesday 11th December 2012 Westminster Hall

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I am grateful for the opportunity to speak in the debate. It is a pleasure to serve under your chairmanship, Mr Leigh—for the first time, I think—if only because you have given the hon. Member for North Wiltshire (Mr Gray) a history lesson.

I congratulate my hon. Friend the Member for Birmingham, Edgbaston (Ms Stuart) on securing this important debate. She has brought to it the same level of expertise and knowledge that we are lucky enough to draw on in the Defence Committee, where she is also a voice of moderation and reason.

The history of warfare is one of innovation and, some would argue, progress, although I am not sure that the latter view is always valid. No one is clear about which of the city states was the first to deploy ballistic weapons, but it is fair to say that those were first used to great effect by the Romans in defeating the Greek hoplite phalanxes between 300 BC and 100 BC; it was the first time that stand-off weapons were used on a large scale. To pick up the point eloquently made by the hon. Member for North Wiltshire, at that point stand-off weapons were still limited by the kinetic capacity of the thrower or archer.

The first recorded use of gunpowder on the battlefield was in the 13th century. It was used in—I will try to pronounce this correctly, Mr Leigh; I am sure that you will correct me if I get it wrong—Ain Jalut in south-east Galilee by the Egyptian Mamluks against the Mongols; my hon. Friend the Member for North Durham (Mr Jones) was there at the time and will correct me if I am wrong. The Chinese are known to have invented gunpowder, although we do not have an earlier record of their use of it on the battlefield.

The Mamluks in Ain Jalut represent the first recorded use of hand cannons, and they were the first to cause the Mongol horsemen to turn back on their ride westwards. That is significant because it is the first recorded indication that the capacity for ballistic weapon use need not be limited by the human kinetic ability to pull or throw.

We then go forward to the 16th century and the decline in the use of pikes and halberds. Until the middle of the 17th century—probably the end of the civil wars in the British Isles and slightly later in continental Europe—the pike is still the weapon of choice for generals for turning the tide of battle. By the middle of the 17th century, pikes are in decline and there is the rise of the musketmen.

[Mr Kevan Jones (North Durham) (Lab)]

I think my hon. Friend has inadvertently forgotten the effectiveness of the archers. [Interruption.]

[Mr Edward Leigh (in the Chair)]

We want no obscene gestures.

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[Mr Kevan Jones (North Durham) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Leigh. I congratulate my hon. Friend the Member for Birmingham, Edgbaston (Ms Stuart) on securing the debate.

Any debate on the deployability of UAVs should be determined by military requirements, by the ethics of the conflict and, above all, by facts. I agree with my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) that some of the supposed facts that are being circulated are getting in the way of the proper debate that my hon. Friend the Member for Birmingham, Edgbaston initiated.

My hon. Friend the Member for Blaenau Gwent (Nick Smith) mentioned Afghanistan, and I would like to put on record our admiration for, and thanks to, the members of our armed forces who are serving there.

Today’s technology and security issues are changing at an ever more rapid pace. The technology that has been developed was unforeseen a matter of years ago, but so too were the threats and dangers that we now face as a nation. Any threat that we face must be put in context, and the context and objectives for deploying force must involve a number of criteria: the maximum strategic advantage over our enemy, protecting UK service personnel and—quite rightly—minimising civilian casualties and acting at all times within humanitarian and international law. Also, we should make sure that deployment is in line with our national interest and our right, as a nation, to self-defence.

[Anas Sarwar (Glasgow Central) (Lab)]

My hon. Friend makes a strong case for the use of UAVs, but does he accept that the continuing criticism of and controversy about the misuse, sometimes, of drones, particularly in parts of Pakistan, where there are high levels of civilian casualties, undermine the rightful case for UAVs when they are in our strategic interest?

[Mr Jones]

I shall refer to Pakistan later, but having been there, and having been a Defence Minister, I accept that there is a big gulf between those who are democratically elected in Pakistan, and the military. I do not accept that some of the actions being taken in northern Pakistan are being done without the knowledge of the Pakistan military. I accept that that creates tensions in Pakistan, but not the idea that some of those things are being done without any knowledge on the part of people in authority there. Having spoken to politicians on my last visit to Pakistan I know that they find that situation difficult; however, that is a debate within the context of the democratic accountability of the armed forces in Pakistan. I assure my hon. Friend that some intelligence and other targeting involve co-operation with the Pakistan military.

In the context that I have outlined, our judgment is that the UK’s current position on deployment of UAVs seems to meet the criteria I have specified. However, we should keep that issue under constant review. It has already been said that it is important to distinguish the deployment of the UK’s UAVs from the deployment of those of our allies. I understand that at present some 76 nations operate UAVs and, as has already been described, the UK deploys four types in Afghanistan. However, only one of those, the Reaper, has an armed capacity. The main focus for our UAV technology in Afghanistan is surveillance and support of our operations, and I have seen at first hand the tremendous job it does in protecting convoys and intelligence gathering, which is vital for the security of our and our allies’ armed forces personnel.

As a matter of technology, UAVs can be more cost-effective in carrying out surveillance and other forms of projecting power. If we did not use their surveillance capacity in relation to convoy protection we would have many more casualties in Afghanistan. I do not accept the argument that UAVs are more indiscriminate, when used in a kinetic role, than conventional aircraft. Their ability to loiter for a long period gives more information to those who are deciding the targeting than is available to a manned aircraft. It would be wrong to give the impression that UAVs are a magic solution to all our defence needs; but they are very important in the defence of the country. The Opposition’s policy is clear. We support unmanned technology as an important element of military capability that complements our manned aerial capability, but with a desire to ensure that it is used in the right context.

The UK does not work on operations in isolation; it works with allies—and not only on operations, but, as has been mentioned, in co-operation on development. It would be interesting to hear what stage of development has been reached after the new Anglo-French agreement on co-operating on the next generation of UAVs. As my hon. Friend the Member for Birmingham, Edgbaston and other hon. Members mentioned, the use of UAVs by our most important strategic partner, the United States, has caused public controversy. It is important to distinguish the UK’s use of UAVs from that of the United States. My hon. Friend the Member for Dunfermline and West Fife made the important point that most of our UAV deployment in Afghanistan is for surveillance and is not armed, and that deployment of UAVs is only within the borders of Afghanistan. However, we must all recognise the threat that we, the United States and our other allies face from concerted Islamic terrorism and groups who seek to undermine our way of life and destabilise Afghanistan and other parts of the world.

A lot has been written and said about civilian casualties, and all civilian casualties are a matter of great sadness and deep regret. It is difficult to get the true picture and figures. I do not want to talk in statistics, because one life lost means a family is mourning a loved one. Our major aim should be to do anything that can be done to minimise civilian casualties, whether from a strike by a UAV or by any other conventional weaponry. I know from my time in the Ministry of Defence that the military take that very seriously. The hon. Member for North Wiltshire (Mr Gray) mentioned artillery rounds and other things that are far more indiscriminate than some of the technology.

[Thomas Docherty]

My hon. Friend is setting out an eloquent and articulate argument. He mentioned minimising casualties, and the families left to mourn. Does he agree that without the use of UAVs in Afghanistan the number of families of British service personnel mourning a loved one would undoubtedly increase?

[Mr Jones]

With respect to the use of UAVs for intelligence gathering and protection of convoys I certainly agree with my hon. Friend. That brings me to the point that my hon. Friend the Member for Birmingham, Edgbaston and the hon. Member for North Wiltshire raised. To people who are against war, we must be honest and say that war is not a pleasant thing; people die in wars. There are individuals and groups active in Afghanistan and northern Pakistan who are bent on undermining not only the way of life of the United States but the one that we take for granted. It is important that any use of force should be a proportionate response.

There has been a lot of talk about the United States and whether the UAV strikes in northern Pakistan are legal. They were authorised post the 11 September authorisation of the use of military forces and have been reinforced by the Obama Administration. When I was at the Ministry of Defence there was a big debate about whether they would continue when President Obama took over, and clearly they have. Article 51 of the United Nations charter, on a nation’s right to self-defence, is also relevant. We must remember that the individuals in question are not sitting around discussing philosophy; they are planning terrorist strikes and atrocities across the world. In the debate about whether we use force to counter those individuals, I am comfortable about recognising the existence of a threat: that has led to disruption of al-Qaeda and other terrorist groups, and it would not have happened without that type of action.

We support the move by the United States to codify the use of UAVs, which relates to the points made about new technology. It is partly because of the controversy that we need to do something. It is important that the UK examine whether we should have a code covering the contexts and limitations of usage, the process for internal Government oversight of deployments, command and control structures, and acceptable levels of automation. I accept that there is now someone at the end of a UAV, but the next generation of UAVs may be completely autonomous, and we must ensure that such a change is within a legal envelope.

One important point is that I am in no way criticising the Government by saying that no laws are in place. I am well aware of the legal constraints on the selection of targets, and that the same rules of engagement are used as for manned flights. We should however explain UAVs to the public. With the new technology, trying to codify their use and explaining to individuals exactly how targets are selected, for example, and how UAVs are used for both surveillance and military purposes would be a great step forward.

[Jim Shannon (Strangford) (DUP)]

UAVs could be used for piracy patrols on the east coast of Africa and for fishing enforcement. Those two examples would clearly show that drones can have acceptable roles. I agree about their acceptability, and I believe that other people can be persuaded to have the same opinion.

[Mr Jones]

The hon. Gentleman is correct. Certainly, if we can have unmanned vehicles in the UK—once agreement is reached with the Civil Aviation Authority—there may be many uses, as he says, including for security.

It would be helpful if we codified the operations. Am I arguing that no laws currently govern the situation? No, I am not. The rules are based on the Ministry of Defence joint doctrine note 2/11 on “The UK Approach to Unmanned Aircraft Systems”, but the MOD sometimes has a tendency not to answer questions and to think that it has to shroud such things in secrecy. Whether or not what is being said is true—in many cases, I do not think it is—the perception is that the technology is used indiscriminately and without control. Some type of code would go a long way towards reassuring people that there is a chain of command, as my hon. Friend the Member for Birmingham, Edgbaston said, for the individual who takes the decision.

There is also a perception that people sitting in Nevada or Florida are killing indiscriminately with no thought of the consequences of what they are doing. I do not accept that. Anyone who has met members of the armed forces of this country or other countries knows that the decision to fire—whether that is Winston Churchill with his revolver, a UAV operator or a pilot dropping munition—is not taken lightly. It is important that people know the full legal background. Unless someone has been involved in operations, they think it is strange that there is a legal context before targetings happen. If we explained that in a codified system, it would help the debate on the use of a new and developing technology.

The Opposition support the use of UAVs. The technology is important in relation not only to military capability, but to the development of our industry and technology in that area. We are developing technologies that will have applications other than military use. As has already been demonstrated in Afghanistan, the technology helps to protect and support our armed forces.

In conclusion, I accept that some of the information about what has happened in northern Pakistan is alarming. The important thing is to understand the context and how the deaths of some individuals have disrupted terrorist networks that were bringing danger not only to parts of Afghanistan and Pakistan but to the streets of London and the capitals of our allies. In terms of the general debate started by my hon. Friend, the use of weapons will never be something that people take lightly, and nor should they. If we can debate the use of UAVs as no different from the use of any other military weapons and we put that into some kind of code, which we could be open about, not secretive, it would do a lot to ensure not only that we in this country are moral leaders in the use of weapons, but that the public have full confidence, as they should, in the existing military chain of command.

[The Parliamentary Under-Secretary of State for Defence (Mr Philip Dunne)]

It is a pleasure to serve under your chairmanship, Mr Leigh, in a different capacity from when you chaired the Public Accounts Committee, on which I was privileged to sit.

I congratulate the hon. Member for Birmingham, Edgbaston (Ms Stuart) on securing the debate. As all speakers have said, it demonstrates the increasing interest among not only Members of the House but the public at large about the use of unmanned aerial vehicles, as currently deployed in Afghanistan and as might be deployed in the future. As she said, only last month I responded to a similar debate, which had been secured by my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti). He made a brief intervention during the hon. Lady’s speech, and I am sorry that he is not with us to hear mine, because I will try to cover many of the issues raised in this debate and since the previous one in early November.

I start by setting out the context of how, where and why the UK armed forces employ remotely piloted aircraft systems, or UAVs as they are regularly referred to. In this debate, I shall use the term RPAS—remotely piloted aircraft systems—as the more accurate description of their capability, not only because that is what they are, but because that is how they are commonly referred to by the armed forces, particularly the RAF. Although the vehicles are unmanned, the system is guided by a whole team of highly trained and skilled people. Pilots, sensor operators and analysts all make decisions in real time, just like the crew of a manned aircraft. Defence remains a human endeavour. As the hon. Member for Dunfermline and West Fife (Thomas Docherty) said, humans have taken stand-off weapons development through the generations and the centuries, but there has always been human involvement.

[Mr Kevan Jones]

Does the Minister agree that there are also lawyers in the chain of that decision-making process, who ensure that the targets selected fall within legal parameters?

[Mr Dunne]

I will explain how the UK armed forces use rules of engagement that are clearly defined and informed by legal opinion, as the hon. Gentleman indicates.

RPAS technology is principally required and used by our armed forces for surveillance and reconnaissance tasks, as several Members mentioned, providing vital intelligence in support of our forces on the ground. While the utility of sensors is broadly similar to those aboard conventionally manned aircraft, RPAS have the ability to loiter for longer, building an intelligence picture that significantly enhances the situational awareness of commanders, forces on the ground and air crew.

RPAS surveillance and reconnaissance capability and the requirement for ever better intelligence, precision and situational awareness are such that they are now vital to mission success, as has been clearly demonstrated in theatre in Afghanistan. The UK currently only deploys RPAS for support of operations in Afghanistan. With the progress of technology and increasing appreciation of their military utility, the number deployed in Afghanistan has continued to increase, with further task lines of Reaper due to become operational next year.

To deliver operational RPAS capability for our forces in Afghanistan, a number of UK RPAS are being used for development trials and training in the UK and in a number of our partner nations. I confirm again that currently the operational deployment for RPAS is for the purposes of operations in Afghanistan, and that UK RPAS are saving the lives of both British and coalition service personnel and Afghan civilians on a daily basis. In that respect, RPAS are no different from other aircraft. The same rules that govern the use of conventional military aircraft apply to RPAS. As I said, UK RPAS are anything but unmanned.

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[Mr Dunne]

As I have explained a couple of times, we are at present using RPAS on operations in Afghanistan, and at present we have no other operational use in mind for UK assets beyond Afghanistan. I think that is as far as I can go on that matter at the moment.

I will pick up on some of the comments made by the hon. Member for North Durham. I am grateful for his support for the continued use of unmanned aircraft systems. I am glad that he referred to the joint doctrine document, because it begins to set out some of the issues that are of concern. However, I do not accept the need to undertake a codification of separate rules for RPAS. As I have already mentioned, and as the hon. Gentleman acknowledges, all aircraft operators must follow national and international laws, together with the rules of engagement. Those rules are the same whether an air, sea or land-based platform is being used. Similarly, we have well-established command, control and supervisory frameworks for all our operational assets, so we do not believe at this point that additional measures are needed for RPAS. I will just pick up on the thrust of why I think he was suggesting that we need to take the public with us in our use of RPAS, which is something that I agree with. There is a greater role to be played by politicians and the military in explaining to the public the utility of unmanned systems from a military perspective, from the safety perspective of our own personnel, which is obviously vital, and in minimising the risk of collateral damage when weaponised systems are used. As a Government, we need to do more, and I welcome the help of the hon. Gentleman in advocating the use of such systems to the public at large.

[Mr Kevan Jones]

My hon. Friend the Member for Birmingham, Edgbaston said that we have to bring the public with us. The Americans are already looking at codification. Would it not be a help to the MOD in getting the arguments across? I accept that an anorak like me reads those documents, but the average person in the street does not. If we had a clearly laid out code, it would give reassurance to individuals who are rightly worried that this new technology is not under any type of control; that is not the case, so it will at least give them some reassurance.

[Mr Dunne]

The difficulty with a code is how it is differentiated from rules of engagement. For the reasons I have explained, we do not wish to publish specific rules of engagement, so having a code would head us down a direction of potentially having to publish more about our operational use than would be safe for us to do.

We already have procedures in place for the oversight of all the military capabilities that we have deployed, and the National Security Council will consider whether forces should be deployed in the future. It operates with the benefit of the NSDR and NSDA, to use military acronyms—

[Mr Kevan Jones]

The Minister has been captured already.

[Mr Dunne]

I am in danger of falling into a trap that I should not have set myself.

Finally, RPAS is not shielded in secrecy, which was the expression used in the article in The Times that was referred to earlier in the debate. During the last few weeks, months and years, we have released significant details about our use of RPAS, but our use of RPAS should not be confused with general MOD policy on safeguarding information relevant to targeting and intelligence. I hope that, on reflection, the hon. Gentleman will recognise that that is an overriding requirement and puts to rest the need for any potential confusion with a system of codification, rules of engagement or secrecy over the matter.

Let me finish by restating that the UK complies fully with its obligations under international law, as set out in article 36 of additional protocol 1 to the Geneva conventions, to review all new weapons, and means and methods of warfare. That process applies to unmanned capabilities as well as to other manned weapons systems.

I welcome the opportunity presented by the hon. Member for Birmingham, Edgbaston to put on the record once again the Government’s clear view of the benefits of RPAS in minimising the risk to civilians, as well as to our own service personnel and other coalition forces. RPAS provide vital intelligence to our forces on the ground and I can only see their importance increasing, as part of our overall service capability.