Armed Forces Bill Debate

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Department: Ministry of Defence
Lincoln Jopp Portrait Lincoln Jopp (Spelthorne) (Con)
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I am grateful to my fellow member of the Defence Committee for giving way. If he supports new clause 5, tabled by my hon. Friend the Member for Huntingdon (Ben Obese-Jecty), will he vote for it?

Calvin Bailey Portrait Mr Bailey
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I hope to provide the detail on why new clause 5, tabled by the hon. Member for Huntingdon, is not appropriate in this Bill. The Home Office must take on this work and responsibility, which is why the armed forces covenant has been put in place. We must make sure that all Departments take their responsibilities seriously, but this Bill is not the mechanism for doing so.

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Al Carns Portrait Al Carns
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I will make some progress.

New clause 2 would require the Secretary of State to lay a defence investment plan before both Houses of Parliament. The Prime Minister has been very clear that the defence investment plan will be published before the NATO summit, and we are working hard to finalise it. I recommend that the right hon. Member for Rayleigh and Wickford (Mr Francois) reads the NAO report which says that when we came into government, we were left a huge deficit and 47 out of 49 major programmes were not on budget or on time.

Lincoln Jopp Portrait Lincoln Jopp
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Have the Minister and the Veterans Minister now seen the defence investment plan?

Al Carns Portrait Al Carns
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I commend that fantastic question. Yes, I have seen the defence investment plan. Importantly, we are primarily focused on learning the lessons from Ukraine and acting upon them—something that the last Government failed to do at the right scale, hence why I left the military.

New clauses 1 and 6 seek to exempt members of the reserve forces deployed on operations from the ECHR, and would require any future Secretary of State to consider whether to make a derogation under article 15. The UK has binding international obligations under the ECHR, including in limited extraterritorial circumstances where we exercise control over individuals or areas. Those obligations have implications for the way UK forces, including reserve forces, conduct UK operations. I will not shy away from the fact that we hold our armed forces to the very highest legal standards, and time and again they deliver.

New clause 1 seeks to change domestic law, but it would not remove our international obligations. The UK cannot opt out on a case-by-case basis; doing so would simply shift cases to Strasbourg. New clause 6 is also unnecessary as the Secretary of State can already derogate under article 15 of the ECHR. I will read that again: new clause 6 is also unnecessary as the Secretary of State can already derogate under article 15 of the ECHR, meaning that the provision does not provide them with any additional powers. I do not want to be in the same club as Belarus or Russia.