Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) (No. 2) Regulations 2022

Lord Craig of Radley Excerpts

Tuesday 8th November 2022 Lords Chamber

Finally, the DSCU will also include a dedicated victim and witness care unit, which will seek to deliver support to victims and witnesses of crime. In consultation with specialist external organisations such as the Survivors Trust and the office of the Victims’ Commissioner, the victim and witness care unit is under development and is expected to be fully operational by early 2023. I hope this gives an idea of the direction of travel, and I will seek to provide further updates after the DSCU has become fully operational. I beg to move.

[Lord Craig of Radley (CB)]

My Lords, this statutory instrument has a very narrow purpose, but I am content with the detail. As the Minister indicated, it follows from the review put in hand as preliminary work for the Armed Forces Act 2021. I do not recall what assessment was made of the average number of serious crime cases for investigation in the Armed Forces that might arise in, say, a 12-month period. If the Minister has a figure, it would be helpful to have it on record.

There would appear to be some flexibility available to the new provost marshal in how much to draw on additional help within the single-service establishments to match the level and complexity of any investigation he has embarked upon. Am I right in assuming that he would be able to insist on the level of single-service effort he requires always being made available? In other words, is he senior in rank and status to his single-service equivalent? Indeed, is it ever contemplated that he might be a civilian on contract? In the service environment, the importance of the chain of command needs to be upheld, and in that context I was pleased to note that the new provost marshal is required to inform the accused’s commanding officer. I raise these points to allow the Minister to expand a bit more on these details relating to this important new post and unit.

[Baroness Smith of Newnham (LD)]

My Lords, as the noble and gallant Lord, Lord Craig of Radley, just said, this is a very narrow statutory instrument. It is perhaps surprising that its debate has such a wide audience. On the defence side of things, we are quite used to either having Statements right at the end of business or discussing SIs in Grand Committee, where there are usually about four of us. It is important that your Lordships contribute to, listen to and are part of discussions about defence, because they are so important—but the two SIs today are both narrowly focused on service justice.

Normally I would delegate all this to my noble friend Lord Thomas of Gresford, who unfortunately is not here today. In his absence I welcome the statutory instrument and note that it very much fits with the reviews we talked about on various occasions when looking at the overseas operations Bill, when the Minister repeatedly said that the Henriques report will say or do whatever. That is obviously part of this decision, as is the Lyons review.

Paragraph 7.1 of the Explanatory Memorandum notes that the defence serious crime unit should

“bring together the Special Investigations Branches of the Royal Navy Police, Royal Military Police and Royal Air Force Police”.

It then adds,

“along with specialist investigative support.”

Building on the noble and gallant Lord’s questions about availability of support, can the Minister indicate what sort of additional support might be available? Beyond that, we on these Benches are content with the SI.

Armed Forces (Service Court Rules) (Amendment) (No. 2) Rules 2022

Lord Craig of Radley Excerpts

Tuesday 18th October 2022 Grand Committee

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

I feel almost Gilbertian in this Gilbert and Sullivan-esque interchanging of roles.

My Lords, this statutory instrument consists of three changes to the rules that apply to the service courts: to provide an overriding objective for court martial, the Service Civilian Court and the Summary Appeal Court; to give the Director of Service Prosecutions responsibility for warning prosecution witnesses of trial dates; and to increase the representation of women on court martial boards.

The first of the measures in this statutory instrument implements a recommendation of His Honour Shaun Lyons’ review of the service justice system, which was published in 2020. The review recommended the introduction of an overriding objective for the court martial, based on Part 1 of the Criminal Procedure Rules for England. A similar rule has been used in the civil and criminal courts in England and Wales for some time. The overriding objective in the criminal courts is that cases are dealt with “justly”, which encompasses considerations such as the need to acquit the innocent, convict the guilty and ensure that cases are dealt with efficiently and expeditiously. The participants in the case are also subject to this duty as well as the court, which assists with active case management. This measure will mean that judge advocates and participants in proceedings in the court martial, the Service Civilian Court and the Summary Appeal Court are subject to similar duties and will assist case management in those courts.

The second measure in this instrument also implements a recommendation of His Honour Shaun Lyons’ review. The measure amends the current rules on notifying witnesses to give the Director of Service Prosecutions, rather than the Military Court Service, responsibility for warning prosecution witnesses of trial dates. This change will align practice in the service courts with the civilian criminal justice system for England and Wales, where the role is performed by the Director of Public Prosecutions.

Finally, this instrument inserts a new Rule 34A into the court martial rules, which requires the court administration officer to ensure that, if any lay members of the court are servicepersons, there is at least one man and one woman on the board. I emphasise that we are confident that the court martial, in its current form, is a fair, efficient and effective court, which delivers justice for our Armed Forces. However, due to the lower numbers of women compared to men serving in the Armed Forces, the chances of a woman being selected at random to serve on a court martial board are significantly lower than those of a woman being randomly selected to serve on a jury in the civilian system.

We want to redress that imbalance by means of this procedural adjustment, which aims to improve and enhance the representation of women on court martial boards. Rather than it being left to chance that a woman will be randomly selected, this change will ensure that there will always be at least one woman on every board. This will bring the court martial closer to the civilian criminal justice system, so that servicewomen’s voices, experiences and perspectives are part of the decision-making process.

This important change has its origins in a recommendation made in the highly regarded Defence Sub-Committee report Women in the Armed Forces: From Recruitment to Civilian Life. That sub-committee was chaired by the recently appointed Minister for Defence People and Veterans, my honourable friend Sarah Atherton. In the government response to the report, the MoD undertook to carry out work to increase women’s representation on court martial boards related to sexual offending. I am delighted to say that the Government are going further than the report recommendation, as we think it is right to ensure that women are better represented on boards dealing with all types of cases.

I reassure your Lordships that the MoD has very carefully examined the impact this will have on women who serve in our Armed Forces. It is true that this measure will mean that women are slightly more likely to be selected to sit on a court martial board than currently. The total number of women required to populate all three services’ boards is 192. This is an increase of 48 more women per year than the current 144, and is 4.2% of the population of women eligible to sit on a court martial board, due to rank and seniority requirements. The total number of men required to populate the three services’ boards would be 672, which is 1.7% of the population of men eligible to sit on a court martial board.

This difference, however, will not result in women being treated less favourably than men. Service as a lay member of a board lasts only around two weeks and is a normal part of the duties of any senior NCO or officer. It can also be useful experience for future command, as commanding officers play a key role in the service justice system. To mitigate the risk of the same women being selected repeatedly, we will also introduce an exemption of 12 months for those women who have already sat on a court martial board for more than five working days.

We believe that increasing the representation of women on court martial boards ensures that they are always part of the decision-making process in service justice. It will better reflect our society and reinforce the important role that servicewomen have, not just in our Armed Forces, but in the service justice system. I beg to move.

[Lord Craig of Radley (CB)]

My Lords, in supporting this draft SI and accepting that revision is not an option, I still have a couple of points to raise. The overriding objective introduced in all three types of service court seems, on first reading, to be almost entirely motherhood and apple pie, or should almost be taken for granted as sound administration. But I accept that, in the legal world, it is perhaps better to have every likely “i” dotted and every possible “t” crossed. It also follows a recommendation of his honour Shaun Lyons, whose knowledge and expertise in service law and procedure is well recognised and respected. It is right, therefore, that this new section is inserted.

However, I noted, although the accompanying memorandum does not mention it, the extra Rule 3A(2)(h)(v), which is not in the criminal court’s rules. It reads,

“the need to maintain the operational effectiveness of Her Majesty’s forces.”

I imagine some printing amendment will replace “Her” with “His”, but this raises the question of who decides. Presumably the Defence Secretary is responsible for such a judgment, but can he tell a court marital what to do? It may be so unlikely that the situation never arises; in which case, why put it in at all?

--- Later in debate ---

[Baroness Goldie (Con)]

My Lords, once again we have had an interesting debate. In many respects this has been a more technical SI than the earlier one, but none the less, it has generated points of interest and I will do my level best to address them.

The noble and gallant Lord, Lord Craig, raised the very important issue of who decides. This duty created by the instrument to consider operational effectiveness is vital, and the noble and gallant Lord was good enough to indicate to me where his area of concern lay. I have tried to do some research into it, and I will try to deal with the points that he raised.

It will be for the judge advocate alone to decide what should or should not be done to take account of the need to maintain operational effectiveness. However, it is important to put this provision in context. The overriding objective is that cases be dealt with justly. Some slight mischief was articulated about this being motherhood and apple pie. The essential components are good, but that is because we are replicating what already exists in the civilian criminal justice system, and it works. I make no apology for transporting that into our court martial procedures because I think these are virtuous and will greatly improve our court martial system.

The reference to operational effectiveness does not change the overall objective that cases be dealt with justly. Nor does it affect in any way a defendant’s right under Article 6 of the ECHR. It is there to recognise that the services courts deal with cases where defendants, board members and witnesses will generally be services persons, who will often have other important and sometimes unpredictable commitments.

The role will give judge advocates the flexibility to take this into account. The kind of scenario where we expect it to be relevant would be, for example, where the date of a trial might need to be brought forward or, indeed, delayed, or a witness might be allowed to give evidence via live link. Certainly, I reassure your Lordships that the Judge Advocate-General was consulted and agreed with the use of the phrase “operational effectiveness” in the context of this change.

I thank the noble and gallant Lord for raising an important point. I have tried to address it. The fact that the Judge Advocate-General is content with the position I think provides significant reassurance.

[Lord Craig of Radley (CB)]

Just to be clear, is the Minister saying to the Committee that the Judge Advocate-General has the say and, regardless of whether the Secretary of State agrees with him, the Judge Advocate- General wins?

[Baroness Goldie (Con)]

That is what I am saying. Indeed, I add to that by observing that it would be profoundly undesirable if the Secretary of State, as a government Minister, were getting involved in the discharge of justice under what should be an independent criminal justice system, albeit within the services justice environment. It would be most undesirable for the Secretary of State to get involved. The Judge Advocate-General alone will decide what should or should not be done to take account of the need to maintain operational effectiveness.

I think I have dealt with the commentary of the noble Baroness, Lady Smith, about why this is phrased as it is. It is not some cosy set of aspirations; it really is intended to deliver what has been working well in the civilian criminal justice system and to try to ensure that our services criminal justice system benefits from that. I thank her for her observation about the absence of her colleague, the noble Lord, Lord Thomas of Gresford, who is, of course, always a welcome presence in these debates where legal issues arise. I am sure that he would have had some pithy observations to make on the technical content of the Sis, but I am grateful to the noble Baroness, Lady Smith, for confining her remarks to general observations.

The noble Lord, Lord Jones, asked some specific questions, including how often the board sits. Court martial boards sit in assizes of two weeks with 24 periods in any year; that is, 48 weeks a year. The noble Lord also asked whether the measure of extending female representation on the court martial board should be extended to the judge advocates. There is a mix of men and women judge advocates now; we have both men and women. The role is being introduced to align better with juries where women are represented in civilian courts, but there has been under-representation in the analogous role within the services justice system.

I thank the noble Lord, Lord Coaker, for his kind remarks about the SIs and where we have got to in delivering improvements for Armed Forces personnel. I particularly noted his phrase, “commend the Government”. It is certainly not something I have been hearing very regularly in recent times, and I thank him for that. On his reference to Article 6 of the ECHR, the MoD has consistently shown a desire to comply with human rights legislation and conventions, and the convention is an important part of the framework within which we operate; hence the various references to Article 6 throughout the SIs.

The noble Lord, Lord Coaker, also asked about the composition of a court martial board in general; I think that his question related to lay personnel. This measure will have an impact only on women in the Armed Forces at ranks of OR7 and above. To help your Lordships, I asked for clarification on this. In the Royal Navy, the rank of OR7 is chief petty officer; for the Royal Marines, it is colour sergeant; for the Army, it is staff colour sergeant; and, for the Royal Air Force, it is flight sergeant/chief technician. Service persons below that rank are not eligible to sit as lay members. Eligibility is currently set at OR8 personnel but from January next year it will be OR7. We are broadening the scope in the hope that this will facilitate the presence of more women. Also, as I said, there will be a 12-month exemption for women who have already sat. That is important, because it is a sizeable chunk out of otherwise operational time. If any woman has sat on a court martial board for more than five working days, this provision will prevent them repeatedly sitting on boards.

Armed Forces (Covenant) Regulations 2022

Lord Craig of Radley Excerpts

Tuesday 18th October 2022 Grand Committee

[Lord Craig of Radley (CB)]

My Lords, this is a very detailed piece of work, all 73 pages of it, and I commend the efforts and industry of all those involved in preparing it for publication. But this covenant concept had its origins as far back as 2000, and even before; it was very much championed in the mid-noughties by the noble Lord, Lord Dannatt, when he was Chief of the General Staff.

In 2007, the Government recognised that all three services should be considered. They produced a Command Paper, CM 7424, dated 1 July 2008, The Nation’s Commitment: Cross-Government Support to our Armed Forces, their Families and Veterans. It opened with an enthusiastic message of intentions and promises, signed by the then Prime Minister Gordon Brown. However, in spite of the Command Paper’s promising title, his Government stopped short of legislation and sought to encourage local authorities, service charities and private businesses to participate voluntarily. It took the incoming coalition Government, while encouraging the voluntary approach, to introduce a statutory mention when updating the Armed Forces Act 2006.

As someone who has tabled or supported amendments about the covenant in the relevant 2011 Act, and in subsequent quinquennial updates of the 2006 Act, I have become somewhat involved with pushing the covenant’s progress and development through statute. But one needs a surgeon’s magnifying spectacles to discern the glacial progress, over a quarter of a century, to get even as far as today’s incomplete commitment. In 2011, all that the Government proposed was a minimalist inclusion in statute. It was to add a single-line clause requiring just an annual report to Parliament under a heading “Miscellaneous” in an identically named “Miscellaneous Part”, near the back end of that 350-page Act and immediately following Section 359. That section pardoned World War I servicemen executed then for disciplinary offences, recognising these deceased veterans as victims.

As a result of my objections, and following negotiations with Ministers in the Summer Recess, a new Part 16A headed “Armed Forces covenant report” was created. This gave the covenant the greater visibility it deserves in legislation. However, the Government then resisted my suggestion at the time that the central heading should be “Armed Forces covenant” and not “Armed Forces covenant report”. I was quietly amused to note that the Government introduced that semantic change in their amendments last year.

I was also pleased to see reference in paragraph 14 of the Explanatory Memorandum to my specific amendment which ping-ponged last December, leading to the Government’s undertaking to complete a report on the operation of the covenant duty next year. In particular, it will consider whether central government and any of its functions could usefully be added. The noble Baroness will need no reminding of the importance that I attach to this aspect of the review.

I was also struck that in paragraphs 1.31 and 1.41 of the statutory guidance, in section 1J and headed “the Armed Forces community”, “veteran”, when applied to former members of the Armed Forces, meant that they were in scope of the duty only if they are ordinarily resident in the UK. I accept, as a consequence of those authorities listed to exercise this duty all being those which have no overseas function, that that is true. But at all costs it must not be turned on its head and misconstrued as suggesting that classification as a veteran depends on being ordinarily resident in the UK.

Looking to the future, if central government were to have this duty, as I hope, a veteran and former member of His Majesty’s Armed Forces who has chosen to live abroad must lie within central government scope. Attempts to define veterans by location are wrong and would be better avoided. Even the definition used in the guidance is unfortunate if it causes confusion or upset to veterans, wherever they live. There is a duty of care to those who have served in the Armed Forces and retired—in agreed language, veterans. They must never be geographically shut out of the approved scope of that duty, to which they become entitled by statute; I hope that the Minister agrees. However, I support the SI.

[Baroness Smith of Newnham (LD)]

My Lords, it is a pleasure to rise after the noble and gallant Lord, who brings a wealth of expertise to this afternoon’s debate on this statutory instrument. Like him, I am pleased to see the guidance and to have this opportunity to discuss the instrument. Also like him, I note that there are still some gaps in the legislation.

As I read through this statutory instrument, my mind turned back in particular to the 2021 Act and the fact that, at various points during its passage, many of the noble Lords and noble and gallant Lords who rose to speak asked about the role of central government. Although we acknowledge the importance of imposing duties on local authorities, I believe there is still a question about what duty we put on central government. At the moment, the legislation talks only about consultations with the devolved Administrations and certain departments: the Department for Education, the Department of Health and Social Care and the Department for Levelling Up, Housing and Communities. Obviously, that speaks to the three core aspects of the duties—education, healthcare and housing—but what thought have the Government paid to whether those duties should be widened to central government more generally? I ask this precisely because, as the noble and gallant Lord, Lord Craig of Radley, pointed out, to the extent that the duties and benefits of the Armed Forces covenant relate to veterans, they should not be determined by their geographical location. It is wholly wrong to give somebody rights only if they are resident in the United Kingdom. If they are veterans who have served with His Majesty’s Armed Forces, they should be within scope.

Beyond that, I have a couple of specific questions associated with this statutory instrument. It is absolutely right that the Government are taking a broad view of what it means to be part of a family, going beyond the traditional view of a spouse and children of a traditional marriage. There are now many other types of family that would be affected, so that view is clearly right, but can the Minister explain a little more about how the Government would interpret, and how service providers should be expected to interpret, Regulation 3(3), which states:

“For the purposes of this regulation, references to A’s spouse or civil partner includes … a person whose relationship with A is akin to a relationship between spouses or civil partners”?


At one level, that might seem self-evident. However, if we are looking at local authorities being requested to find housing, how established does the relationship have to be? How will it be evaluated and what guidance will be given to local authorities when looking at housing provision, for example?

Similarly, with a wide understanding of children, stepchildren and other relatives, we could see quite wide sets of family relations. To what extent will that be considered in looking at housing, for example? If stepchildren arrive every other weekend, should they be taken into consideration when looking at local housing provision? Similarly, how extensive a group of family members might be considered for education and school waiting lists? What are the implications of that?

Regulation 3(3)(b) talks about

“a former spouse or civil partner or a person whose relationship with A was formerly akin to a relationship between spouses or civil partners.”

Again, how will that be evaluated? It might seem quite clear cut if somebody was part of an established relationship for 20 years, but how will a former partner who has been divorced, remarried and has not suffered as being part of the Armed Forces family in quite the same way be evaluated when people say, “We think we should be covered under the Armed Forces covenant”?

None of this is intended to sound churlish in any way; it is to probe the Government about how service providers are meant to interpret this. It is right that we should be generous and expansive in the way that we interpret the family, but it is also important that there are no ambiguities in the proposals put forward.

Finally, I could not see anything in the points on healthcare about dentistry. Maybe I missed it, but one of the big issues at the moment is the difficulty of people finding NHS dentists. If that is true for stable members of the population who do not move very much, how much truer will it be of the Armed Forces and their families? Is dentistry included, and if not, could it be?

--- Later in debate ---

[Baroness Goldie (Con)]

My Lords, I thank noble Lords for what admittedly has been a fairly short debate but not in any way lacking in quality and penetrating questions, which is entirely what I would expect from the contributors. I shall deal first with the comments of the noble and gallant Lord, Lord Craig. I thank him for his very useful historical context of the evolution of the covenant. It is worth remembering the journey that the covenant has travelled. I accept that progress may at times have been somewhat plodding, but I feel that, in recent years, we have got to a good place. These regulations are the manifestation of the important progress that has been made.

I pay tribute to the noble and gallant Lord, Lord Craig, for his perseverance in drawing attention to the role of central government and whether it should be brought within the ambit of the covenant statutory duty. I remember that we had informed and interesting exchanges at the time the Armed Forces Bill went through this House. We certainly felt that this was not an issue that should be summarily dismissed as being without merit. Our concern was that we were already biting off quite a lot in terms of what we were introducing in that Bill and in what was to be further covered by delegated legislation, and we did not want to bite off more than we could chew. The provisions now to allow for a review are meant to reassure, and I shall say a little more about them.

The review will consider the roles of the UK Government and the devolved Administrations in conducting the functions already in scope of the duty. It will also consider the extent to which they currently consider the covenant principles, as well as the benefits and costs of bringing them into scope. As the noble and gallant Lord is aware, the reason why I resisted his persuasive blandishments to include the scope of central government in the Armed Forces Act was because we did not think that it was quite within the scope of the original Bill. The Government are responsible for setting the overall strategic direction and national policy but they do not directly deliver the relevant healthcare, education and housing services to citizens.

Let me give your Lordships a little more information on the review itself. Members of Parliament will have the opportunity to assess and comment on the review in the debate on the 2022 covenant report. The Government have been working with stakeholders to establish an open and transparent evaluation process by which to investigate the evidence about whether new policy areas should be added to the scope of the duty; that point was specifically raised by the noble Lord, Lord Coaker, who was naturally interested in what criteria might be deployed to assess this. Potential additional functions will be assessed against clear and robust criteria that have been established and agreed with covenant stakeholders in order to provide advice to the Secretary of State, with whom the final decision rests.

To clarify, a blanket inclusion of all UK Government and devolved Administration bodies would not be appropriate to include within the list of specified bodies to which the duty applies because the “due regard” duty applies to specified functions that are precisely defined in law. Due to the broad-ranging work of the UK Government and the devolved Administrations, it would be impractical to seek to define precisely such functions for these bodies.

One of the questions asked by, I think, the noble and gallant Lord, Lord Craig, during our debates on the then Armed Forces Bill concerned why the duty was not extended to central government because it has a duty of care to the Armed Forces. However, the purpose of the covenant duty is to raise awareness among providers of public services of how service life can disadvantage the Armed Forces community in accessing key public services. That is why we have focused on these three areas of health, education and housing. As the noble and gallant Lord is aware, central government is directly responsible for the Armed Forces and the MoD has always looked after the welfare of service personnel. As he knows, there are various ways in which the Government can be held to account, from the requirement for Ministers to appear at the Dispatch Box and explain what has been happening to the facility for Members to put down Questions and seek debates. There is a variety of methods available for parliamentarians to call the MoD to account for what it has been doing.

Accompanied by the noble Baroness, Lady Smith, and the noble Lord, Lord Coaker, the noble and gallant Lord raised the issue of central government. I tried to cover the points that were made in my comments addressed to him. One other point that he mentioned concerned why the guidance refers to those who are ordinarily resident in the UK. The “ordinarily resident in the UK” restriction applies only to veterans. This restriction on veterans is in the Act, which is why it is in the guidance. The guidance clearly says that serving personnel are in scope

“wherever they are located—in the UK or abroad.”

Veterans who live overseas and are having issues accessing public services due to their service career will find that those issues are best raised with the relevant authority or embassy in the area in which they live because such services fall outside the responsibility of the UK Government.

[Lord Craig of Radley (CB)]

Mentioning embassies in that sense seems to bring in the possibility of central government interests and the FCDO.

Defence: Type 45 Destroyers

Lord Craig of Radley Excerpts

Monday 10th October 2022 Lords Chamber

[Baroness Goldie (Con)]

The noble Lord is being slightly mischievous and, as he is well aware, yes, we have a lot of ships that work extremely well. They have been much in evidence, not least when they were supporting the carrier strike group and were part of that global support activity. They have also been active in various arenas, as the noble Lord is well aware. As I said to the noble Lord, Lord West, I cannot comment in detail on operational activity, but we are satisfied that our operational requirements are being met.

[Lord Craig of Radley (CB)]

My Lords, ships of course need crews to work them. Can the Minister give any indication as to whether the Royal Navy manpower and womanpower is adequate to the task that it is being asked to fulfil?

Armed Forces Act (Continuation) Order 2022

Lord Craig of Radley Excerpts

Tuesday 5th July 2022 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, I support this continuation order, but I shall refer to two points that I raised during the passage of the Act last year. It was agreed that the first would be dealt with in later work. It was whether having due regard for veterans’ treatment under the military covenant should not be restricted to issues dealt with by subordinate authorities and whether there were some which it would be necessary to grip at central government level. The Government undertook to report after due consideration taking place later this year and next. Can the Minister confirm that this is still the position? Does she have anything to add to it?

The second issue concerns the treatment of Hong Kong Military Service Corps veterans who did not retain their British passports as had some of their number in 1997. I raised this in the debate on the then Armed Forces Bill. The MoD passed it to the Home Office for further consideration. I raised it again in the debates on the then Nationality and Borders Bill earlier this year, which led to a commitment from the Dispatch Box that the Government would resolve this long-standing issue by the end of this calendar year with a further undertaking to report on progress in June. June has been and gone, and I have yet to have a response to my Question for Written Answer seeking information on progress. As this concerns veterans, I hope that the MoD will continue to take an active interest in the outcome which veterans have long sought.

[Lord Burnett (LD)]

My Lords, I join the Minister of State, my noble friend Lady Smith and the noble Lord, Lord Coaker, in their support and admiration for our wonderful Armed Forces. During the progress of the Act, I referred to Sir Richard Henriques’s admirable report and the suggestions and recommendations he made. Will the Minister give us an answer as to what is happening about those recommendations? If not much is happening, when will something happen about them?

Ukraine: Weapons

Lord Craig of Radley Excerpts

Thursday 16th June 2022 Lords Chamber

[Baroness Goldie (Con)]

I am unable to provide anything more specific to the noble Lord in addition to what I have previously said. I cannot offer a detailed inventory of what is currently in storage in terms of stockpiles for the UK, or a complete inventory of what is being released to Ukraine. What I can reassure the House about is that the department is constantly engaged in reviewing these stock levels, having regard to both our commitment to support Ukraine and our obligation to make sure we can defend the United Kingdom. As the noble and gallant Lord asked earlier, we are fully engaged with industry.

[Lord Craig of Radley (CB)]

My Lords, as well as supplying weapons, Royal Air Force Typhoons are flying regular NATO missions over countries adjacent to Ukraine, in addition to their UK QRA and defence of the Falklands tasks. What steps are Her Majesty’s Government taking to increase the size or number of Typhoon squadrons in order to cope with this exceedingly additional commitment?

[Baroness Goldie (Con)]

I can confirm to the noble and gallant Lord that we have been deploying elements of all three armed services. That includes bulking up the presence in Cyprus, because we have four additional Typhoons there. We are doing that within our existing commitments, and we are satisfied that that is a balance we can reconcile not just in terms of crews needing to be rested, recuperated and returned to duty but in terms of meeting both our obligations to our NATO allies on the wider safety of Europe and our own internal obligations.

Ukraine Update

Lord Craig of Radley Excerpts

Wednesday 27th April 2022 Lords Chamber

[Baroness Goldie (Con)]

I think that when the Secretary of State referred to the next three weeks, he had in mind what has been a clearly discernible change of approach by the Russian leadership and military. That has involved two things. It has involved a new command structure, which indicates that the previous structure was not working. It also indicates that Russia realises that it is going to have to consolidate its resources and it therefore wants to focus on the eastern part of the country. That is a critical part of the conflict, because it is very clear that Russia is determined—we see it from the activity already taking place in towns and cities within that area—to try to strike this land bridge down through the south-eastern part of the country. That is what the Ukrainians are determined to resist, and it is what the UK—with all our allies and partners—is determined to support Ukraine in repelling.

On the issue of the next three weeks, we all know that President Putin has set his May Day parade day as an iconic, tokenistic opportunity to—no doubt—declare how successful he considers this illegal war has been. That would always raise an expectation that he might be prepared to escalate activity, and therefore there is a critical need to anticipate and respond if that is the case. This is a critical part of the conflict, but I think it is clear from the response in the support for Ukraine that the Ukrainians know that they have a lot of friends, and they now have a lot of really substantial equipment and weaponry to help them in the defence of their country.

[Lord Craig of Radley (CB)]

My Lords, I very much welcome the Statement and the support which the Government are giving to Ukraine. I was very grateful to hear the assurance from the Minister that the kinetic capabilities of our own forces are being protected. I hope that industry is rising to the challenge, which it obviously must be facing. One thing which was not mentioned was the impact of economic sanctions on the fighting capability of the Russians. Has any assessment been made of those sanctions as they affect the military capabilities of the Russians, both immediately and in the longer term?

[Baroness Goldie (Con)]

The noble and gallant Lord has asked an interesting question. There is no question that the broad mechanism of sanctions applied both by individual countries and in concert by united nations is having an impact on Russia. I do not think that there is any question about that. The extent to which that will impact on the Russians’ military endeavour and their capacity to, quite simply, pay salaries or fund equipment or buy new equipment is probably much more difficult to anticipate, but it is a very interesting question. As time passes, we might begin to get a clearer picture of what this means for the Russian military endeavour.

We all understand at the moment that what we are seeing are, quite simply, signs of the failure of that Russian endeavour, because there have been clear indications of failure. Part of that might be down to incompetence and ineptitude on the field, but some of it might be increasingly down to inability to keep supplies coming, logistics flowing and the normal support necessary to sustain armed forces in conflict. It is an interesting point, and I will take it back to the department. If I come across any further information, I shall share it with the noble and gallant Lord.

Ukraine: Lethal Weapons

Lord Craig of Radley Excerpts

Tuesday 5th April 2022 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, can the Minister confirm—bearing in mind the large numbers of weapons being used by the Ukrainians—that the United Kingdom can continue to support those requirements without reducing our own defence needs below essential? What cost is the Ministry of Defence having to bear, if any, for all these weapons?

[Baroness Goldie (Con)]

I can confirm to the noble and gallant Lord that the MoD continually manages and reviews all of its stocks of weapons and munitions to ensure that it can meet its commitments. That includes supplying to Ukraine while ensuring that UK Armed Forces stocks are sufficiently maintained. Where replenishment is required, this is expected to be funded from the HM Treasury special reserve.

Migrant Crossings: Role of the Military

Lord Craig of Radley Excerpts

Thursday 20th January 2022 Lords Chamber

[Baroness Goldie (Con)]

The noble Baroness makes an important series of points. She is right, for example, that the Home Office and the FCDO will continue the primary discussion with France on the diplomatic front. I reassure her that Defence has a very strong relationship with France, and we regularly speak to our counterparts on matters of mutual interest. Funding will be required for this, and the Ministry of Defence is currently computing costs with a view to informing discussions with the Treasury. On the assets, we are dealing with a domestic situation in largely indigenous waters, and therefore the capabilities that Defence makes available for this task will be assets already permanently assigned and committed to operations in home waters, including offshore patrol vessels, P2000s and RHIBs.

[Lord Craig of Radley (CB)]

My Lords, it is very unlikely that the migration effort by people wanting to come to this country will cease. I must therefore ask the Minister how long the Ministry of Defence expects to be committed to this task. Is it indefinite or for a set period?

[Baroness Goldie (Con)]

I say to the noble and gallant Lord that the overall responsibility for dealing with immigration is cross-government. In so far as the MoD’s operational role is concerned, it will retain primacy of operational control until public confidence is restored and the number of individuals attempting to enter the UK through this route is brought under manageable levels.

Armed Forces Bill

Lord Craig of Radley Excerpts

Consideration of Commons amendments
Tuesday 14th December 2021 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

I rise to support Motion A1 in the name of the noble Lord, Lord Thomas of Gresford. The key issue is trial by jury. I completely accept the improvements in the service justice system—I saw them in my former role as Lord Chief Justice. However, the Minister does not grapple with the fundamental issue: why take away the right to trial by jury? It is important, because sometimes Ministers misspeak on the “Today” programme, to see what the Deputy Prime Minister wrote in this morning’s Times:

“Trial by jury is another ancient right, applied variably around the UK, that doesn’t feature in the ECHR, but will be in our bill of rights. We should be proud of our history of liberty—and preserve a human rights framework that promotes it.”


It seems inconsistent with that declared policy of Her Majesty’s Government that the Ministry of Defence opposes the fundamental right of trial by jury for those who put their lives at risk for our country. That is what this amendment has at its heart.

It seems to me that by their support of this amendment in the course of debate, the Opposition have accepted that a mistake was made in 2005 when the right to trial by jury was taken away from those in the armed services for these very serious offences. Why does the Ministry of Defence not have the courage to admit that a mistake was made and restore the fundamental right of every member of the Armed Forces to trial by jury for these most serious offences?

[Lord Craig of Radley (CB)]

My Lords, I give a cautious but warm-hearted welcome to the remarks and undertakings from the Dispatch Box by the Minister about my amendment. She will recognise that the amendment last week required a report from the Secretary of State about why he, and so central government, should not have statutory authority or due regard. As the Government have stated in both Houses that they have reached the view that legislation is not necessary, it should not have been unduly onerous or difficult for them to explain why in a report to both Houses in the six-month timeframe. Now, however, I sense a changing view and the need for a longer period before making a report.

This change of view is most welcome. It has effectively been demonstrated since Report by the decision of the MoD to refer the case of the Hong Kong Military Service Corps to the Home Office, from one central department to another, dealing with a veterans issue that could not be gripped at devolved or local authority level. However, the MoD must continue to discharge its responsibilities to those veterans. It must continue to take an active interest in their plight until the Home Office responds. Will the Minister give that undertaking now? It should not need to wait for further consideration under the Nationality and Borders Bill when it comes to this House. My hope is that the Government will take “nonne” or a “ne” rather than a “num” approach in answering the request and reporting on why central government must have a legal covenant duty of due regard.

I am very conscious that time is pressing to gain Royal Assent, without which the Government have no statutory right to military forces. I was also somewhat reassured by the Minister’s statement in the other place, so I have not moved any further amendment. I thank the Government for conceding that the role of central government must be considered and reported upon to Parliament.