Syria: British Armed Forces

Lord Craig of Radley Excerpts

Thursday 24th October 2019 Lords Chamber

[Baroness Goldie]

Let me be clear that the United Kingdom focus on Syria has always been on Daesh, which is a lethal, toxic threat. That continues to be where our efforts are focused.

[Lord Craig of Radley (CB)]

My Lords, has the Minister seen the report that the mayor of Limassol, the town close to the Akrotiri peninsula, wishes to expand its tourism arrangements on to the peninsula and believes that it is time that the United Kingdom gave up the sovereign base area there? Have the Government reacted to these proposals?

Defence: Expenditure

Lord Craig of Radley Excerpts

Tuesday 11th June 2019 Lords Chamber

[Earl Howe]

My Lords, I am in considerable sympathy with my noble friend. We can be proud of what defence has achieved over the last few years, but we must also be vigilant. We must respond to growing threats, especially the more persistent and aggressive state competition we face. The question my right honourable friend said we should be asking ourselves is whether we should be spending more on defence. That is precisely the question that will be asked in the forthcoming spending review.

[Lord Craig of Radley (CB)]

My Lords, is it true that additional resources will be required to fund the existing proposed defence programme?

[Earl Howe]

My Lords, we recognise that there is an affordability gap in our equipment programme. I have said this before. If we did nothing, the programme would be unaffordable. But we are taking action and, with careful management, particularly using the contingencies we have and budgeting for efficiencies, which we are already scoring, we believe that the equipment programme will be affordable.

D-day: 75th Anniversary

Lord Craig of Radley Excerpts

Tuesday 4th June 2019 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, it is fitting to remember the 75th anniversary of D-day, not just because it was an amazing feat of arms by the allied forces involved but because it gives the nation a chance to honour those still alive who fought at the time, and to remember with everlasting gratitude the thousands who lost their lives making the supreme sacrifice or who have since died, some facing and coping with life-changing injuries.

It is sobering to realise that the deaths and casualties on each side were in the many thousands, each one a deeply personal tragedy for a family, a fiancée or a girlfriend. War is a brutal endeavour, no less so now than in years gone by. Today, individual families and partners still suffer and bear the same sense of grief and loss, just as much as those in World War II, but we have been saved the horrors of massive casualties because the nature of recent conflicts has been far more contained. Modern trauma treatments and rapid casualty evacuation have also saved hundreds of lives; in earlier generations, those people would not have survived. Modern medicine helps even the severely wounded to make remarkable physical recoveries. Sadly, success with mental illness is still elusive.

While it is fitting to celebrate the anniversary, it should be a celebration of an extraordinary allied effort in which all involved played their full part. It irritates me to see claims that either the Americans or the British made the greater contribution to D-day. It was not a football contest with one team scoring more than the others. All the many nations involved, including the Commonwealth, the colonies of the day, the Free French and other Europeans, were playing a team game together. To claim that more troops were put ashore, more attack missions were flown or more barrages were fired from ships as a means of arguing who did the most on D-day is ridiculous. Normandy was not the only theatre of war in 1944; all allies were engaged in fighting elsewhere as well as in France. It was a collective effort to which all contributed massively, not least in blood and treasure.

Like other noble Lords, I have been involved in events helping to mark the 75th anniversary of D-day. Last Saturday, I formally opened a special heritage event at Langham, near Blakeney, in Norfolk. A small, dome-shaped building was the centrepiece of the event. It was used to train anti-aircraft gunners in how best to shoot down enemy aircraft. Indeed, more than 40 of these secret trainers were built during World War II. After the war, they were all decommissioned and almost all were bulldozed into hardcore for new motorways or building sites. Although a listed building, the one at Langham was just left to decay. It escaped the bulldozers, slowly deteriorating as all neglected buildings will do.

Then, in 2010, a group of enthusiasts, recognising the historic value of this near-unique building, raised funds to refurbish it to its original role as an anti-aircraft trainer. However, they did much more. The building is now a speciality museum and visitor centre, recording and demonstrating not only its trainer role but a host of information and displays about the Royal Air Force, the airfield at Langham, and the Royal Australian Air Force and the Royal New Zealand Air Force squadrons of coastal command, which were based there in 1944, operating mainly against enemy shipping off the coasts of Norway and Holland. There is information there about individual Australian and New Zealand air crew. Many had travelled from home via Canada to train before joining their national squadrons at Langham. There is information about the loss of life and the deaths of more than 150 air crew from this one airfield. Many have no known grave but are remembered on the memorial at Runnymede. Others lie in graves in Norway, Holland, Germany or this country. One is buried in Sweden.

All this information, and the information about the subsequent Cold War use of the airfield until it was closed in 1958, gives a most interesting and telling account of Langham’s war. What particularly impresses me is the effort to tell the story of those years with contemporary touch screens and other devices in ways to interest and attract all ages. Special efforts have been made to excite and engage the interest of the younger generations. As the Friends of Langham Dome team say, they want to make it clear to all what fathers and grandfathers—indeed, mothers and grandmothers too—did then to ensure that we live in peace and freedom today. This mini-museum and visitor centre has just been awarded the exclusive and prestigious Queen’s Award for Voluntary Service, and the unique facility has been much praised on social media, TripAdvisor and the like. If your Lordships are ever on a visit to Norfolk, spare an hour or two to visit the Langham Dome; you will be impressed.

Many other venues and imaginative schemes about this period in our nation’s history are to be found all around the country. Their great achievement and attraction is to help to bring life to history, to explain and pass on to today’s generations what their predecessors did and thought and felt. As a mark of respect for all those who fought on D-day, these efforts deserve universal praise and support.

Armed Forces Act (Continuation) Order 2019

Lord Craig of Radley Excerpts

Wednesday 20th February 2019 Lords Chamber

To that I say, “Hallelujah!” Today, almost everything we are doing here and in Grand Committee relates to the proposed withdrawal from the European Union. It is a great relief that, squeezed in among all those other EU exit statutory instruments, we are at last doing something that is relevant to us in the United Kingdom irrespective of whether we are in or out of the European Union.

[Lord Craig of Radley (CB)]

My Lords, I support this legislation. Other noble Lords and I have pressed on a number of occasions for new arrangements to deal with the difficulties that Armed Forces involved in conflict experience with human rights legislation. Such difficulties are well known to this House. What steps are Her Majesty’s Government taking to address them, hopefully with a view to introducing such a measure when the Act is renewed in 2020?

Modernising Defence Programme

Lord Craig of Radley Excerpts

Tuesday 18th December 2018 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, I thank the noble Earl for repeating the Statement. There are some bits of the Statement that are, of course, welcome, such as further thought and action on cyber and on space. The noble Earl mentioned improved resilience, but I see very little indication of that. Will he spell out a little more what he means by improving resilience? One word that was not mentioned, either by the noble Earl or in the “Dear colleague” letter, which I have read, is the word “Brexit”. I wonder how the Ministry of Defence is dealing with this subject. Can the Minister give any indication of the possibilities that could impact on what we have heard today about the way the money is to be spent, for example if Brexit takes a turn in the direction of no deal?

[Earl Howe]

My Lords, I can deal very quickly with the second part of the noble and gallant Lord’s question. The Ministry of Defence stands ready to support other government departments if called upon, and if we find that the resources of those departments are insufficient in themselves. Having said that, we have received no formal bids as yet from other departments, despite the fact that we have asked them what they envisage requiring. There will be approximately 3,500 personnel standing ready in case of need to meet such situations.

Resilience has been a major theme of our deliberations. There are quite a number of strands to that. One is to look carefully at how we can enhance our chemical, biological, radiological and nuclear defence capabilities, investing further in Porton Down. We are also, as the report makes clear, enhancing our ability to share submarine threat data with our closest NATO allies. We are improving our secure communications, protecting our networks from cyberattacks and improving our ability to exchange information with NATO partners, as I have said.

We are also clear that we need to invest in improving power-generation capabilities for both Type 23 and Type 45 Royal Navy ships, enhancing their overall capability and productivity. There has been criticism, as I am sure the noble and gallant Lord is aware, of the extent to which some Royal Navy ships have been kept in port rather than being deployed. We are clear that we need to enable the Royal Navy to do better in that area.

The other obvious example of improving resilience is increasing the provision of spares and support to enhance global deployability and presence, particularly as regards the helicopter fleet.

Trident

Lord Craig of Radley Excerpts

Thursday 25th October 2018 Lords Chamber

[Earl Howe]

My Lords, the unpredictable security environment we face today demands, in the very firm view of the Government, the maintenance of our nuclear deterrent for the foreseeable future. However, the Government are committed to a world without nuclear weapons, and we firmly believe that the best way to achieve that goal is through gradual, multilateral disarmament, negotiated using a step-by-step approach within the framework of the nuclear non-proliferation treaty. We have tried over the years to lead by example. Our nuclear warhead stock has been much reduced, as the noble Baroness is aware, and we will do our best to discuss and negotiate, with our partners, the best way to proceed from this point.

[Lord Craig of Radley (CB)]

My Lords, does the noble Earl agree that the credibility of the nuclear deterrent is very much dependent on a strong conventional capability? Are the Government satisfied that the conventional capability today is adequate?

[Earl Howe]

My Lords, that is precisely why the Government are conducting the modernising of defence programme: to ensure that our defence budget is directed towards the capabilities that we need to deal with the threats that face us.

Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018

Lord Craig of Radley Excerpts

Wednesday 10th October 2018 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, I welcome the detail with which the noble Earl, Lord Howe, has gone into this, particularly the assurance that no individual will be required to undertake part-time service. That is a most important assurance, and I was glad to hear it from the noble Earl’s lips. He mentioned pensions and the abatement of pay. This seems but one part of a story, and each individual who will contemplate it must have the whole picture before he or she is able to make any decision about whether it is worth applying for. I therefore hope that in mentioning the pensions as coming forward, the noble Earl will be able to explain exactly when that is to be available; presumably it must be in the near future.

My only other point may be going into the detail, but perhaps I need a bit of education on the difference between the territorial extent of an application and the territorial application of it. It seems that, for example, in this and in the next regulation there are differences in how this is handled. Perhaps, in replying either to this or to the later debate the noble Earl, Lord Howe, will be able to explain the difference between those two things, because I for one do not quite follow it.

[Baroness Smith of Newnham (LD)]

My Lords, it seems a long time ago that we debated the Armed Forces (Flexible Working) Act, partly because it was introduced into your Lordships’ House before it went to the House of Commons. I went back to my files and noted that I had talked about the devils in the detail, although I did not come up with that idea first; several Members of your Lordships’ House had talked about that. In particular, the noble and gallant Lord, Lord Walker of Aldringham, said that,

“the devil is going to be in the detail of the regulations drawn up to operate the system”.—[Official Report, 11/7/17; col. 1187.]

It would be fair to say that while on balance your Lordships’ House was supportive of the ambitions of flexible working, some concerns were articulated across the House—I suspect even by the noble Earl, Lord Attlee. In particular, the noble Lord, Lord Dannatt, raised one of the concerns that has just been raised by the noble and gallant Lord, Lord Craig of Radley, about whether flexible working would be imposed rather than chosen voluntarily. While it may appear this evening to the noble Earl, Lord Attlee, that somehow this is a simple Act and that these regulations look straightforward, the reason for wanting them to come through the affirmative procedure was precisely because there were concerns that the devil could be in the detail. There were slight suspicions that the regulations would lead to a situation where flexible working could be required of people in circumstances where perhaps the Regular Forces seem overmanned—that might seem unlikely, but that was the sort of concern raised by the noble Lord, Lord Dannatt—which was why we thought this needed to come through the affirmative procedure.

The regulations as we see them look straightforward, although I am delighted to see that the Explanatory Memorandum is rather clearer and in ordinary English, for those of us who are not used to reading legislation regularly. I hope that the advice that will be given to service men and women will be even clearer than what we see in the Explanatory Memorandum. The rules look slightly opaque, and to put them into some sort of citizen’s English—even if it includes lots of three-letter acronyms that are much more familiar to the RAF or the Royal Navy than perhaps to the rest of us—would ensure that the information given to service men and women will make them want to look at using these provisions, and would be welcome.

The regulations look straightforward and very much in line with what the Minister outlined to us at various stages during the passage of the flexible working Act. That is perhaps not surprising, because, as the noble Earl, Lord Attlee, said, essentially we expect the Minister to listen and to respond. But we do not always know whether Secretaries of State or Chancellors of the Exchequer will manage to do likewise. While it is important that these regulations are discussed this evening, I do not see a reason to do anything other than affirm their progress.

--- Later in debate ---

The noble and gallant Lord also asked me about the territorial extent of the regulations. These regulations form law in the UK, in the Isle of Man and in the British Overseas Territories—except Gibraltar—and that law will apply to service personnel wherever they are in the world. I hope that I have answered the questions put to me; if I have not, I will certainly write. In closing, I thank all noble Lords for their supportive comments and I beg to move.

[Lord Craig of Radley]

Will the pensions and pay abatement regulations be put before Parliament or will they just be handled internally? In order to avoid any delay, perhaps the noble Earl would like to write to me?

[Earl Howe]

My understanding is that they will not be put before Parliament, and that they will be administrative arrangements and not the subject of regulations. If I am wrong about that, I will certainly correct myself in a letter.

Motion agreed.

Afghanistan Update

Lord Craig of Radley Excerpts

Wednesday 11th July 2018 Lords Chamber

[Earl Howe]

I pay tribute to the noble Lord’s distinguished role in the early stages of our involvement in Afghanistan and to the support that he has given since leaving ministerial office through his various other commitments and responsibilities. He makes an extremely good point. I think that many of us at ministerial level appreciate that we do not say enough to the public. We do not tell the story sufficiently often and sufficiently clearly of why this mission is so important. We certainly should look for every opportunity to step up that effort. I shall take that advice back to my colleagues in the Ministry of Defence and see that it is relayed further up the chain.

[Lord Craig of Radley (CB)]

My Lords, can the Minister explain the legal status of our forces in Afghanistan? Is there an MoU with the Afghan Government? Do they work entirely under a NATO umbrella? What is their position? If they were to get involved in hostilities, what further legal protection would be required?

[Earl Howe]

My Lords, as I have said, the Resolute Support Mission is NATO-led. The legal framework for Resolute Support is provided by a status of forces agreement signed in Kabul in September 2014 and ratified by the Afghan Parliament later that year. The status of forces agreement defines the terms and conditions under which NATO forces are deployed as well as the activities that they are authorised to carry out. The mission is also supported by the United Nations Security Council Resolution 2189, which was unanimously adopted in December 2014. The Resolute Support Mission provides training, advice and assistance in eight key areas: multiyear budgeting; transparency, accountability and oversight; civilian oversight of the Afghan security institutions; force generation; force sustainment; strategy and policy planning, resourcing and execution; intelligence; and strategic communications.

Armed Forces Act (Continuation) Order 2018

Lord Craig of Radley Excerpts

Tuesday 20th March 2018 Grand Committee

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

My Lords, as ever, our Armed Forces continue to serve us well, yet they cannot do so without the consent of Parliament. Today we return to our annual consideration of the legislation governing the Armed Forces: the Armed Forces Act 2006. The purpose and effect of the draft order we are considering today is to enable the 2006 Act to continue in force for a further year, until 11 May 2019. This reflects the constitutional requirement under the Bill of Rights that the Armed Forces may not be maintained without the consent of Parliament.

Noble Lords are familiar with the fact that the legislation which provides for the Armed Forces to exist as disciplined bodies is renewed by Parliament every year. But it is right that I explain, for the record, why we do this. Every five years, renewal is by Act of Parliament—an Armed Forces Act. The most recent was in 2016. Between the five-yearly Acts, renewal is by annual Order in Council. This is such an order. The Armed Forces Act 2016 provided for the continuation in force of the Armed Forces Act 2006 until 11 May 2017 and for further renewal thereafter by Order in Council for up to a year at a time, but not beyond 2021. If the Armed Forces Act 2006 is not renewed by Order in Council before 11 May 2018, it will automatically expire. If the 2006 Act expires, the provisions necessary for the maintenance of the Armed Forces as disciplined bodies would cease to exist.

The 2006 Act contains nearly all the provisions for the existence of a system for the Armed Forces of command, discipline and justice. It creates offences and provides for the investigation of alleged offences; the arrest, holding in custody and charging of individuals accused of committing an offence; and for them to be dealt with summarily by their commanding officer or tried in the court martial. Offences under the 2006 Act include any criminal offence under the law of England and Wales, and those peculiar to service, such as misconduct towards a superior officer and disobedience to lawful commands. I remind the Committee that the Act applies to members of the Armed Forces at all times, wherever in the world they are serving.

Perhaps the clearest example of the effect of expiry of the 2006 Act would be that the duty of members of the Armed Forces to obey lawful commands, and the powers and procedures under which this duty is enforced, would no longer have effect. Commanding officers and the court martial would have no powers of punishment for failure to obey a lawful command, or other disciplinary or criminal misconduct. Members of the Armed Forces would still owe allegiance to Her Majesty, but Parliament would have removed the power of enforcement. The obligation of members of the Armed Forces is essentially a duty to obey lawful commands. They have no contracts of employment and so no duties as employees. The 2006 Act also provides for other important matters for the Armed Forces, such as for their enlistment, pay and redress of complaints.

To conclude, the continuation of the Armed Forces Act 2006 is essential for the maintenance of discipline. Discipline, in every sense, is fundamental to the existence of our Armed Forces, and, indeed, to their success, whether, for example, at home supporting emergency services and local communities following the recent heavy snowfall, or supporting the police in their investigation into the poisoning of the former Russian spy Sergei Skripal in Salisbury; playing their part in putting an end to the sickening and illegal poaching industry in Malawi; or, as one might more immediately think of, defeating Daesh in Iraq and Syria.

We have the finest Armed Forces in the world and the dangers they face are ever changing. We owe the brave men and women of our Armed Forces a sound legal basis for them to continue to afford us their vital protection. For those reasons, I beg to move.

[Lord Craig of Radley (CB)]

My Lords, I totally support the order, but I will raise one point mentioned in the Explanatory Memorandum. It says that the Minister of State for Defence has stated:

“In my view the provisions of the Armed Forces Act (Continuation) Order 2018 are compatible with the Convention rights”.


That is the European Convention on Human Rights. As has been evident in recent years, there are apparent disconnects between the Armed Forces legislation and some aspects of human rights law that I and other noble Lords have drawn attention to in various debates in your Lordships’ House. What are Her Majesty’s Government doing to address these difficulties, particularly where they arise in the course of live operations—difficulties that have, indeed, been acknowledged and spoken to by Ministers?

Defence Modernisation Programme

Lord Craig of Radley Excerpts

Monday 29th January 2018 Lords Chamber

[Earl Howe]

I join the noble Lord in commending the work of OCCAR. He is absolutely right that many of our defence programmes are not directly related to our membership of the EU but are bilateral or multilateral, and we certainly wish to see those continue. That is why we at the Ministry of Defence are keen to ensure that the Brexit talks result in as frictionless a trading environment as possible between ourselves and the remaining members of the EU. Interoperability is one consideration in our support for these joint projects; another is value for money and a third is cutting-edge capability, a lot of which this country is in the lead in providing.

[Lord Craig of Radley (CB)]

My Lords, it is welcome news that there is to be this study programme. “Modernisation” is a portmanteau word; perhaps the Minister could give some examples of defence capabilities that are most urgently in need of study under the modernisation rubric.

[Earl Howe]

I cannot give the noble and gallant Lord specific examples of equipment. However, I can say that in the area of cyber we need to ensure that we are ahead of the game and that our programmes for the Royal Navy are as up to date as they can be. It is about focusing our resources on the areas that are most important regarding the threats that face us. It is also about ensuring that we have infrastructure that is fit for purpose, both in our head office and in the Armed Forces themselves. That relates very much to the efficiency programme. I am confident in that programme; we have a way to go on it but we are doing well. If one thinks about certain platforms in the Army, the Royal Navy and the air force, efficiency is a very live issue in all those contexts.