Oral Answers to Questions

Lord Robathan Excerpts

Monday 26th November 2012 Commons Chamber

[Joan Walley (Stoke-on-Trent North) (Lab)]

9. What his policy is on combat immunity; and if he will make a statement.

[The Minister for the Armed Forces (Mr Andrew Robathan)]

Combat immunity is an important legal principle that the MOD is committed to defend. The courts have consistently held that a soldier involved in combat or under an immediate threat should be able to focus on the task of fighting. Constant assessment of personal liability on the battlefield could lead to paralysis across the chain of command and result in military failure and increased loss of life through operational inefficiency. Imposing a duty of care in those circumstances is not appropriate and would reduce operational effectiveness. However, there is a recognised mechanism to compensate for injury or death under existing statutory schemes.

[Joan Walley]

Does the Minister agree, though, that the MOD’s decision not to make a further appeal against the ruling of the Court of Appeal in the case of the late Corporal Stephen Allbutt—I pay tribute to his widow’s courage—is a landmark in respect of combat immunity? Given that the clear consequences of that ruling are that the MOD owes a duty of care properly to equip its troops when they go into battle, does the Minister agree that an urgent review of procurement and training—never mind statutory schemes—is needed in the interests of the safety and morale of our armed forces?

[Mr Robathan]

You will understand, Mr Speaker, that it would be inappropriate for me to comment on any ongoing legal procedures. The hon. Lady should realise, however, that we are absolutely committed to defending the position of combat immunity. It would be very worrying if soldiers, sailors and airmen in battle were concerned about looking over their shoulders the whole time for fear of legal challenge. Of course we wish people to be properly trained and properly equipped; we are determined that that should happen and we believe that they are so.

[Andrew Bridgen (North West Leicestershire) (Con)]

What legal advice is provided to battlefield commanders to make sure that they fully appreciate their obligations?

[Mr Robathan]

All battlefield commanders of whatever rank are given appropriate training and advice on the legal position, from the Geneva convention onwards, and on training with equipment and the like.

[Dan Jarvis (Barnsley Central) (Lab)]

10. What recent progress there has been on security transition in Afghanistan.

--- Later in debate ---

[Mr James Gray (North Wiltshire) (Con)]

13. Whether he has met the commander of 12th Mechanized Brigade following its return from Afghanistan.

[The Minister for the Armed Forces (Mr Andrew Robathan)]

My right hon. Friend the Secretary of State for Defence met the commander of 12th Mechanized Brigade, Brigadier Doug Chalmers, during his last visit to Afghanistan in September. On 23 October, the Secretary of State and I were pleased to meet the commander in Parliament when he briefed both Houses and all parties on the brigade’s deployment on Operation Herrick 16.

[Mr Gray]

I hope that the Minister for the Armed Forces, other Ministers and all Members of the House are aware that some 20 minutes from now, there will be another opportunity to meet Brigadier Doug Chalmers and the 120 soldiers of 12th Mechanized Brigade as they march, led by the band of the Grenadier Guards, through the gates of Parliament and down to the north door of Westminster Hall. As we welcome them, I hope that hon. Members will remember not only those who have not come home with the brigade, but those who have come home with life-changing injuries and the families who support our soldiers, sailors and airmen as they go off to operations in Afghanistan.

[Mr Robathan]

I pay tribute to my hon. Friend for setting up the march-ins at Parliament. They are a valuable and tangible sign of the respect that we owe our armed forces when they go to war on our behalf. He has done a great deal to organise them. I share his sentiments about those who have not returned, the families of the bereaved and those who have come back with life-threatening illnesses. I shall be at the march-in at some stage this afternoon or this evening, and the Secretary of State hopes to be there as well.

[Mr Speaker]

I shall be here, but I hope that the hon. Member for North Wiltshire (Mr Gray) will pass on my respect and appreciation, which I would have preferred to convey in person.

[Toby Perkins (Chesterfield) (Lab)]

I echo the Minister’s comments on the massive contribution of 12th Mechanized Brigade.

I recognise what the Secretary of State has just said about the importance of the message that we send to the Taliban and the Afghan army, but what message will be sent by the reduction in the size of the Afghan army in respect of the security of Afghanistan?

[Mr Robathan]

The total size of the Afghan national security forces is approaching 352,000. It is for Afghanistan to make decisions for the future. We continue to support the democratically elected Government of Afghanistan, as do the Opposition.

[Mr Iain Wright (Hartlepool) (Lab)]

14. What plans he has for the future of Defence Equipment and Support; and if he will make a statement.

--- Later in debate ---

[Stephen Mosley (City of Chester) (Con)]

T5. Following recent international cyber-security incidents such as the Flame and Shamoon viruses, what recent steps have been taken to secure MOD systems and critical national infrastructure?

[The Minister for the Armed Forces (Mr Andrew Robathan)]

My hon. Friend will understand that I would not wish to go too deep into security systems. What I can say is that we take the threat of cyber-attack very seriously. That applies both to the commercial world and the public sector in the UK, including defence. We are pursuing this issue with other organs of Government and we are also ensuring that we have niche capabilities within defence that can assist us in protecting against cyber-attack.

[Jim McGovern (Dundee West) (Lab)]

T4. Does the Secretary of State agree that he should make an assessment of the contribution made by UK armed forces and related MOD contracts to Scotland’s economy? I am a member of the Scottish Affairs Committee and our inquiry, although not yet complete, would seem to suggest that the contribution is immense and the implications of separation would be devastating. Do any of the Ministers agree that the loss of jobs and investment is simply too high a price to pay if the MOD and UK armed forces leave Scotland?

[Mr Robathan]

The hon. Gentleman will not be surprised to know that all MOD Ministers agree with what he said—not just “any” of them. Furthermore, probably all Members in the Chamber at present would agree with him.