Armed Forces: Human Rights Legislation

Debate between Lord Craig of Radley and Baroness Anelay of St Johns

Wednesday 23rd October 2013 Lords Chamber

[Lord Craig of Radley]

To ask Her Majesty’s Government what steps they are taking to review and clarify the application of human rights legislation to members of the Armed Forces when they are based or engaged in operations overseas.

[Baroness Anelay of St Johns (Con)]

My Lords, the clock has stopped. I say to colleagues who are trying to leave the Chamber that, on this occasion, we shall maintain dignity by remaining in our seats while the Minister responsible for defence makes an announcement about our armed services.

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con)]

My Lords, I am sure that the whole House will wish to join me in offering sincere condolences to the family and friends of Lance Corporal James Brynin, Intelligence Corps, of 14 Signal Regiment (Electronic Warfare), who was killed on operations in Afghanistan recently. My thoughts are also with the wounded, and I pay tribute to the courage and fortitude with which they face their rehabilitation.

Turning to the Question, although the Government have already expressed their disappointment with recent judgments in this area, both in the domestic courts and at Strasbourg, many aspects of the relevant law continue to be uncertain. In view of the importance of the principles at stake, the Government will defend their position vigorously in the key cases still before the courts.

Armed Forces Bill

Debate between Lord Craig of Radley and Baroness Anelay of St Johns

Tuesday 4th October 2011 Lords Chamber

[Lord Craig of Radley]

My Lords, the noble Lord, Lord Wallace of Saltaire—

[Baroness Anelay of St Johns]

My Lords, I know that the House is interested in hearing from the noble and gallant Lord, Lord Craig of Radley, on an important amendment, and I invite noble Lords to leave the Chamber quietly so that he may begin to move his amendment.

[Lord Craig of Radley]

My Lords, I thank the government Chief Whip. The noble Lord, Lord Wallace of Saltaire, winding up the Second Reading debate on this Bill and the noble Lord, Lord Astor, in a letter to me during the Summer Recess both agreed that it was inappropriate to insert the new section that appears in Clause 2 of this Bill after Section 359 in the 2006 Act because Section 359 dealt with pardons for servicemen executed for disciplinary offences in World War I. I had suggested at Second Reading that the new section in Clause 2 would be better placed in Part 14, which has the collective title “Enlistment, Terms of service etc”, relying on the “etc” to accommodate the new section. Part 14 heads the second group of parts in the 2006 Act.

However, in Committee the noble Lord, Lord Astor of Hever, retracted his acceptance and averred that no relationship is implied by that positioning in the Act. I sensed, and in a letter to me the Minister has confirmed, that government business managers are anxious to avoid returning the Bill to another place. It—or at least Clause 1—has to be given Royal Assent by 8 November, otherwise all three Armed Forces will have to be declared redundant. That will not happen, I am certain.

Bringing the Report and Third Reading dates forward is tacit admission by government business managers that improvements to the Bill, and particularly the issues addressed in the next and other amendments, are called for, and so more time is now available to get the Bill right.

I would hope to avoid further time and argument in favour of my new amendment if the Minister would indicate agreement for tabling the changes that I propose for Third Reading. Need I do more than remind him and the House of the strength of support for incorporating the covenant into legislation expressed by Mr Cameron? For example, quoting from the No. 10 website, he said:

“Our service personnel make an extraordinary contribution to British life … So all of us—the Government, the private sector, and the voluntary organisations—need to go the extra mile for them”.

He also said:

“The high esteem we all have for our armed forces will soon be given the recognition it deserves—as part of the law of the land”.

That is but one of the many supporting statements made by the Prime Minister and the Secretary of State for Defence about incorporating the covenant into statute. Surely the covenant must be given greater prominence in the revised 2006 Act, as my amendment proposes. It seems both mean and hypocritical to speak so strongly of support for the covenant and then to park the single statutory reference to it at the tail end of the 2006 Act and a group of miscellaneous sections that wind up the end of Part 17 of the second group of parts also entitled “Miscellaneous”.

Is not the covenant worthy of more than that, worthy of its own part in the revised 2006 Act? I hope that on reflection, and given the need to improve the wording and thrust of Clause 2, the Minister will agree to table an amendment at Third Reading. If not, I fear that all the Minister’s briefs are headed, “Resist” as the Government seek to steamroller this Bill through without having to return it to the Commons. Surely on a Bill of this non-partisan nature, and with the opportunity to review and revise the Armed Forces Act only once every five years, the Government must take note and accept the need for some revision of the Bill as it now stands. To resist every amendment negates all the praise and support that they say they have for the Armed Forces. Are the Government so insensitive to the needs of the forces, whose morale is reputedly shaken thanks to recent cutbacks, enforced redundancies and insensitive handling of personnel issues? The Armed Forces have performed their role with great valour and commitment on long-duration operations. Surely business managers can be less po-faced and will find the very limited time necessary to revise some details of the Bill, and get it right for the next five years. I beg to move.