Hong Kong Protests

Debate between Lord Craig of Radley and Earl Howe

Tuesday 1st October 2019 Lords Chamber

[Lord Craig of Radley (CB)]

Are the Government aware of the request of some 300 former members of the forces in Hong Kong, who are still resident in Hong Kong and who took an oath of allegiance to Her Majesty, that they be granted the right of abode in the United Kingdom? Many Members of the House of Lords and, indeed, of the other place, have raised this very reasonable request with successive Secretaries of State over the past three years and more, but they have yet to get an answer. Will the Minister encourage an answer?

[Earl Howe]

My Lords, members of the Hong Kong forces who were recruited from Hong Kong and, in most cases, completed their service in Hong Kong are in that respect different from other members of the UK forces who may have served in the UK. Those serving in Hong Kong before 1997 would not have qualified for British citizenship on the basis of their service. There are a number of existing provisions within British nationality law under which former Hong Kong personnel may apply for citizenship, subject to meeting the relevant criteria.

Defence: Expenditure

Debate between Lord Craig of Radley and Earl Howe

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.

Modernising Defence Programme

Debate between Lord Craig of Radley and Earl Howe

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

Debate between Lord Craig of Radley and Earl Howe

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

Debate between Lord Craig of Radley and Earl Howe

Wednesday 10th October 2018 Lords Chamber

[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

Debate between Lord Craig of Radley and Earl Howe

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

Debate between Lord Craig of Radley and Earl Howe

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

Debate between Lord Craig of Radley and Earl Howe

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.

Armed Forces (Flexible Working) Bill [HL]

Debate between Lord Craig of Radley and Earl Howe

3rd reading (Hansard): House of Lords
Wednesday 25th October 2017 Lords Chamber

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

My Lords, in moving that the Bill do now pass, I express my appreciation to all noble Lords, noble and gallant Lords and right reverend Prelates for their interest in the Bill and for their thoughtful contributions to what have been constructive debates during its passage through your Lordships’ House. I am grateful for the positive engagement and support of noble Lords on the Opposition Benches and from around the House.

The Government have responded positively to the concerns of this House that the Defence Council regulations should be subject to the affirmative procedure. I know that the noble and gallant Lord, Lord Craig, and others will be disappointed with our response to his concerns about the use of the term “part-time” in the Bill. I hope that in due course he will see that his fears about people disparaging the good name and full commitment of the Armed Forces are unfounded, once people are able to apply to work part-time or have protection from being separated from their home base for prolonged periods.

Of course, encouraging the right cultural attitudes and behaviours in the Armed Forces will play an important part in ensuring the success of these measures. As I said at the outset, the Bill is designed by the services for the services, and all three remain involved in the plans to make this a success. We are immensely proud of the achievements of our Armed Forces; they work hard for us and we owe them a great deal. Flexible working will provide our brave and courageous service men and women with an opportunity for some respite from their full-time commitment when they need it most. This Bill is for them and I beg to move.

[Lord Craig of Radley (CB)]

My Lords, when the noble Earl responded to my Amendment 3 on Report, he began with a frank and gracious apology to the House and to me for saying in his letter of 29 September that it would not be possible to remove the word “part-time” from the Long Title of the Bill. As he said, this was incorrect but given in good faith. To my embarrassment and regret, I failed, when I spoke again, to thank him for his apology—which of course I fully accept. I have spoken and written to the noble Earl to apologise for this discourtesy but would like to put the record straight.

In the same letter the noble Earl sought to allay concern by saying that the use of “part-time” was not unprecedented: it had been, he said, in previous Armed Forces legislation. So far, it has been found but once in all such Acts, going back over 60 years—and that once was in a 1955 Act, long repealed, and with a totally different meaning from contemporary usage. Both of these were weak—and, indeed, inaccurate—claims. The noble Earl would have done better to note that our objection to introducing “part-time” into the Bill was not that it would be unprecedented but that it should be there at all. The noble Earl said that he did not agree with my analysis, but a dozen speakers sympathised and agreed with the noble and gallant Lords and myself. More than 50 unwhipped Peers supported us in the Lobby.

The noble Earl said that the purpose of this novel type of flexible working was to enable individuals to take breaks from their 24/7/52 commitment to their service. Both in Grand Committee and on Report, our amendments were aimed at providing for just that, with appropriate subordinate legislation. We were being direct, not devious, as the noble Earl chided us. The Government’s approach—that the individual must first commit to serving on a part-time basis before becoming eligible to apply for breaks—is far less straightforward.

The arrangements for time away are all to be set out in subordinate legislation—but, we are told, cannot be guaranteed unless individuals are formally released from full-time duty to the Crown. But are they released? They are still beholden to the Crown because they remain under the Armed Forces Act. Would the military or civil police be responsible for investigating a crime committed by an individual while on a break? As a law tutor might say to his class of students, “discuss”.

I hope that the Government noted that the noble and learned Baroness, Lady Butler-Sloss, strongly suggested that phraseology other than “part-time” could be adapted for the armed services in legislation—as did the police, with detail in subordinate legislation to guarantee arrangements. However, the noble Earl said that what was intended was,

“distinctly different … and therefore the way we describe it needs to be very clear”.—[Official Report, 11/10/17; col. 249.]

I have since seen the noble Earl’s response to criticism by the Delegated Powers and Regulatory Reform Committee. He wrote:

“There is no intention at present to enable part-time service for all enlisted regulars”.


“No intention at present” really does make it distinctly different from just providing compassionate flexibility. Is this the intended direction of travel? Do the Government want this primary legislation to spawn part-time service in further and wider applications than those proposed now?

A statutory door is being primed to spring open—a far cry from the assurance given by the noble Earl in that letter of 29 September in which he wrote:

“The amendments to primary legislation simply provide us with the power to make regulations to enable these particular forms of flexible working”.


The Bill will enable far greater powers than that. There is no place in the Armed Forces Act 2006 for such an untrammelled, undefined, catch-all “part-time basis” phrase, unless Governments want a broad statutory power to recruit and re-muster our armed services little by little into becoming a force of part-timers. Perhaps, having reviewed all that has been said during the passage of the Bill in your Lordships’ House, wiser counsel will prevail in the other place. I certainly hope so.

Armed Forces: Inquiries

Debate between Lord Craig of Radley and Earl Howe

Wednesday 25th October 2017 Lords Chamber

[Earl Howe]

My Lords, I take it that the noble Lord is referring principally to the situation that applies to veterans of the Northern Ireland campaign, and I have a lot of sympathy with what he says. However, it is the Government’s policy to adhere to the Stormont House agreement of December 2014, under which some legacy institutions will be set up. Those institutions will be under a duty to ensure that our veterans are not unfairly treated or disproportionately investigated, and will reflect that 90% of deaths in the Troubles were caused by terrorists, rather than members of the Armed Forces. The next stage in that process is to consult publicly, which we will do before long.

[Lord Craig of Radley (CB)]

My Lords, will the Government take steps to introduce statutory limitation in time to investigations of alleged crimes related to service on operations?

Armed Forces (Flexible Working) Bill [HL]

Debate between Lord Craig of Radley and Earl Howe

Committee: 1st sitting (Hansard): House of Lords
Tuesday 12th September 2017 Grand Committee

[Earl Howe]

Certainly. Although that is not the whole rationale, the provisions that we are proposing to introduce are designed to be family-friendly—for example, for women considering starting a family or those with caring commitments, or those who are bringing up a family and, for any reason at all, there are personal circumstances that create difficulties for them. That could be a very good reason for somebody to apply to work part-time on a temporary basis. So I agree with the noble Earl.

[Lord Craig of Radley]

My Lords, I thank the noble Earl very much for what he has said. I am not sure that I followed it all completely so I look forward to reading it. I would just make one or two comments, if I may, at this stage.

On Amendment 1, the noble Earl’s addiction to “part-time basis” and part-time service is clear, but I am not sure that I understand why it has to be in primary legislation. If the Government want to have a number of flexible working arrangements, most of which are already in place and have been put there as a result of secondary legislation or Queen’s Regulations, why does this particular one have to be singled out, causing the amount of exposure that worries a great number of us?

On the amendment dealing with “restrict” and restrictions, I am still uneasy. Section 329 of the 2006 Act provides for,

“enabling a person to restrict his service to service in a particular area”,

whereas the amendment says very precisely,

“enabling a person’s service with a regular force to be restricted”.

It seems to me that that can put the individual in a position where he is being told that it will be restricted rather than he saying, “I would like to do this form of restricted service”. I think that that needs to be looked at very carefully, and I will look at exactly what the Minister said on the point.

The other point is on rights. Clause 1(3) refers to,

“A right conferred on a person by virtue of subsection (2)”—

and subsection (2) will include (2)(ha), (2)(i) and (2)(j). So it seems to me that the overarching new subsection (3) gives you the right that you were looking for. Therefore I suggest that we can drop new subsection (3A).

[Earl Howe]

My Lords, I would be very happy to write to the noble and gallant Lord on all those points—in so far as they were not made clear in my original response—and in particular on why we need primary legislation, and perhaps explain further the reasons why we think the Bill is correctly worded in this clause. I hope that the noble and gallant Lord will allow me to do that between Grand Committee and Report, and I will of course copy in noble Lords to that correspondence.

[Lord Craig of Radley]

My Lords, at this stage I beg leave to withdraw my amendment.