Armed Forces Act (Continuation) Order 2017

Lord Robathan Excerpts

Tuesday 21st March 2017 Lords Chamber

[Lord Robathan (Con)]

My Lords, it is a pleasure to follow the noble Earl. He brings nautical experience to our discussions but I bring rather more of an Army bias. He is also a relative newcomer to this House. As a relative new boy myself, I note that your Lordships’ House has taken a bit of a kicking recently in the press but, having sat through most of this debate, I have been extraordinarily impressed by some of the excellent speeches, which have been interesting, well-informed and informative. It is of course invidious to mention names but I shall mention in particular the noble Lord, Lord Hennessy, and the noble and gallant Lord, Lord Stirrup, who I thought spoke particularly well. I am glad to see that the Secretary of State and indeed the chairman of the Select Committee from the House of Commons are both here listening. I hope that I can live up to that high standard, though I rather doubt it.

I shall make two points. The first relates to the standing of the Armed Forces, which was partially covered by the noble Earl. The second is about the current international situation, which was mentioned in the Motion, and our preparedness for it.

It is a cliché to say—quite rightly—that our Armed Forces are highly regarded. When I was working in the MoD, they were probably more highly regarded than they ever had been in my lifetime, largely because of Afghanistan, Iraq and the tragedies there. To digress, a friend of mine in the United States army told me that, after Vietnam, he flew back into Los Angeles airport and, as he walked out in uniform, he was spat at. I am glad to say that we have never got to that stage here and I hope we never do. In the same vein, about a dozen years ago, when there were elections to the US Senate, it was said that there was no elected senator with a child who had served or was serving in the armed forces. Of course, there were people such as McCain who had served themselves. In contrast, on the Benches here and in the other place, there are people who not only have themselves served in the Armed Forces but who continue to have connections through children and relations who serve. This means that we are closer, in many ways, to our Armed Forces than is the case in some other places. I am glad to say that it remains a respected career and attracts a high quality of both officers and men. It remains a profession of which to be proud. Parents can be proud if their children join the Armed Forces.

[Lord Hunt of Chesterton]

And women, indeed.

[Lord Robathan]

The noble Lord is, of course, an academic. It used to be “mankind” but now, apparently, one has to say “personkind”. When my son rang up and announced that he was thinking of joining the Armed Forces, his mother said, “Over my dead body”. She has changed her mind now, I am glad to say. It is not by chance that we have respected professionals in the Armed Forces. When I served, there used to be something called KAPE—keeping the Army in the public eye. This is very important. Unfortunately, with the reduction in the Armed Forces over a number of years, we have seen, for instance, good barracks being sold. I recall Chelsea. Hounslow, also in London, is on the market as, I understand, is Woolwich. Nobody quite knows what is going on with Hyde Park barracks. The point is that if you consign your Armed Forces personnel to the back of an industrial estate, the respect they are afforded is less. Messes have been contracted out. What used to be regarded as a home, particularly for officers, is no longer seen as such. Pay and conditions have continuously been eroded over many years.

We have heard about morale. Morale is a bit amorphous. If you listen to some people, it is always low. I used to think that if soldiers were not complaining about something, they probably were not happy. To put it mildly, recruitment and retention are not good at the moment. We have an Army that is not recruited to its 82,000 target. I urge the Government to look at this whole situation. It is not about people pitying poor soldiers who have seen awful things in Afghanistan and Iraq, as we sometimes hear. They do not want pity; they want to be respected. It is not about politically correct issues and diversity, nor about bad conditions in which people live, although these too are important. It is about feeling valued and respected by the society one serves. It is about being challenged by adventure and excitement, seeing a future career and lifestyle that can offer a decent life for oneself and one’s family, and doing a worthwhile job. This means the Government seeing the value of some things rather than just looking at the cost.

My second point, which has been covered much more in this debate, is our response to the current international situation. I was particularly impressed by the tour de force from the Minister about the strategic threats we face, which was backed up by the noble and gallant Lord, Lord Stirrup. I know that my noble friend the Minister is in a rather difficult position, but we all value his support for defence. I was part of the SDSR 2010, together with my noble friend Lord Astor and the noble and gallant Lord, Lord Stirrup. The noble Lord, Lord Touhig, is absolutely right. It was driven by costs. Some people tried to deny it at the time, but it was about cutting costs. I say to the three Labour Ministers who have spoken so far today, that the situation we inherited in 2010 across the public finances was dire. There is no question about that, nor any point in arguing about it. Not only was it dire but, in defence, there were unfunded procurement programmes going forward which we estimated at some £30 billion to £60 billion. It was an estimate, since nobody could tell us what the funding was because it was so chaotic.

The last, coalition Government, and Philip Hammond in particular—for whom I worked—brought defence spending under proper control. They should be congratulated on that and on the SDSR as well. They had the assistance of the Liberal Democrats. I see the noble Lord, Lord Wallace of Saltaire, in his place. He was also there with me. SDSR 2015 is a step in the right direction but we need to go a lot further. Other people have said so too.

My noble friend Lord Jopling, who is not now in his place, talked about Russia. I will not cover other strategic threats but let us home in on that. Nobody has been held to account for the murder of Litvinenko 10 years ago—not a mile from here—nor for the downing of a civilian airliner over Ukraine by Russian missiles. The Baltic states have a joke: “Visit Russia, before Russia visits you”. They are worried, and with good reason. The other threat, closely linked to Russia, is from cyberattacks. We have heard about whatever happened during the US election. We have heard about Montenegro. These attacks are non-stop, asymmetric and will grow.

I say to my noble friends on the Front Bench that the situation has changed. When I joined the Army in 1974, we had a complement of 150,000 or so. Some 55,000 were in West Germany, with tanks, missiles, tactical nuclear weapons and aircraft facing the East. We spent about 5% of our GDP on defence throughout the 1980s. Now it is around 2%. I will not dwell on how this is accounted for. We have only a vestige of the BAOR left. We do not expect invasion forces crossing the Elbe or the Rhine, but we should expect asymmetric warfare, as it is called, be it by “little green men” such as we saw in Crimea and the Ukraine, or by undermining the Baltic states by winding up their Russian minorities. We should remember that the Baltic states are guaranteed by Article 5 and an attack on one is an attack on all.

As a country, we need a bigger stick, as does NATO. Much has been heard about how NATO’s spending should rise; of course it should. We need to up our spending as well. I pay tribute to the Government—although it might not seem like it—and especially to current Defence Ministers. I know what they think, but we need to go further. The Chancellor of the Exchequer had rather a bad week last week, but I believe he understands the need to spend more on defence.

We need to educate our public, our politicians and government Ministers that defence is the first duty of government. There is always the danger that old men—and there are quite a few in this place—look back through rose-tinted spectacles at the good old days. We need a balance and to understand history. We could draw analogies with the 1930s, to which the noble Lords, Lord Hannay and Lord King, have referred. There is some validity in this—disarmament, isolationism, aggression and invasion of small parts of countries, such as the Sudetenland. I urge my Government to up defence spending so that the Armed Forces feel valued; so it becomes an attractive career for young men—and women; and, most of all, to ensure that British interests are safe in this deteriorating world situation. The first duty of government has always been the defence of the realm. We all need to remember that.

HMS “Queen Elizabeth”

Lord Robathan Excerpts

Thursday 2nd March 2017 Lords Chamber

[Earl Howe]

My Lords, the initial operating capability for carrier strike, which is scheduled for no later than December 2020, will consist of one carrier, one squadron of Lightnings and Crowsnest. As the noble Lord will know, the carriers will operate as part of a maritime task group which will be tailored to meet the required task, so the precise number and mix of vessels deployed will have to depend on the operational circumstances of the time. We will be able to draw from a range of modern and highly capable vessels to support the carriers, such as the Type 45 destroyers, Type 23 frigates, Astute class submarines and, in the longer term, Type 26 frigates.

[Lord Robathan (Con)]

My Lords, given that the Royal Navy is fully deployed on standing tasks, can the Minister explain from where these extra ships will come to form a carrier task force, should HMS “Queen Elizabeth” be deployed?

[Earl Howe]

We have many of these ships at the moment. We have the Type 45 destroyers and the Type 23 frigates; the Astute class submarines are coming off the production line, so we will have those; and as I say, in the longer term we will have the Type 26 frigates. The plan is to cut steel for the first one this year.

NATO: Eastern Flank

Lord Robathan Excerpts

Monday 30th January 2017 Lords Chamber

Asked by

[Lord Robathan]

To ask Her Majesty’s Government what contribution the United Kingdom is making to the defence of NATO’s Eastern flank.

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

My Lords, the United Kingdom plays a significant role in the defence of NATO’s eastern flank, leading NATO’s enhanced forward presence in Estonia, deploying a reconnaissance squadron to the US battalion in Poland and leading NATO’s very high readiness joint task force with up to 3,000 UK troops. Typhoon aircraft based in Romania will conduct southern air policing this summer, and we will deploy a Royal Navy ship to NATO’s standing naval mine countermeasures group in the Baltic.

[Lord Robathan (Con)]

My Lords, one should never take historical analogies too far. However, we have an America that is increasingly protectionist and isolationist; we have an international system in the United Nations which is becoming less and less effective; in Britain we have reduced our defence spending hugely since the Cold War a quarter of a century ago; and we have a large number of troops on the borders of eastern Europe. It sounds depressingly familiar to historians. I commend Her Majesty’s Government for the position they have taken in sending a battle group to Estonia. The Prime Minister said,

“we should engage with Russia from a position of strength”.

Does my noble friend agree that that means we should review again defence spending in this relatively new Administration and that we should increase defence spending to take account of new circumstances?

[Earl Howe]

My Lords, I agree with my noble friend that the first duty of any Government is the safety and security of the British people at home and abroad. That is why we have committed to spending at least 2% of our GDP on defence every year of this decade. Not only that, in addition the MoD budget will rise by 0.5% a year in real terms to 2020-21 and we have access to up an additional £1.5 billion a year by 2020-21 through the new joint security fund. This is an appropriate response to the complex and challenging international and domestic security threats that we face.

A159 Wildcat Helicopter

Lord Robathan Excerpts

Monday 9th January 2017 Lords Chamber

[Earl Howe]

My Lords, the Government are committed to keeping the UK as a leading aerospace nation. We are fully engaged with Leonardo on future helicopter work in that region. For example, we have signed a 10-year strategic partnership agreement with Leonardo, which of course is key to maintaining cost effectiveness, driving exports and innovation. The Aerospace Growth Partnership, which is being managed by my colleagues in BEIS, will undoubtedly be of benefit in the long term to the UK aerospace industry.

[Lord Robathan (Con)]

My Lords, on this important matter for our aerospace industry, what optimism does my noble friend have that we may be able to export Wildcats? Is there any real prospect of that? If so, is that not a good thing?

[Earl Howe]

My noble friend is right. The drive to ensure that Wildcat secures export orders is central to the work that the company and my ministerial colleagues in BEIS are doing. We are working closely with the company to that end.

Royal Navy: Frigates

Lord Robathan Excerpts

Thursday 8th December 2016 Lords Chamber

[Earl Howe]

My Lords, yes, it is the Government’s intention to increase the size of the fleet through the general purpose frigate. We are talking now in the long term, but that is our intention. As the noble Lord is aware, we published Sir John Parker’s report on 29 November. It contains 34 detailed recommendations, and it is not unreasonable that the Government should take a little while to give those recommendations due thought. Some of them are pretty adventurous, but all of them are designed to ensure that we can in the long term deliver growth to the fleet, which we all want.

[Lord Robathan (Con)]

My Lords, the naval procurement budget, as well as the whole defence budget, has been entirely skewed by the purchase of these two magnificent QE-class carriers, which we look forward to coming into service. Will my noble friend agree that it is important that we learn the lessons of the profligacy of a decade ago with a long-term view, so that the defence budget is not in future skewed with the damaging effects that the noble Lord has just mentioned?

[Earl Howe]

I am not sure that I entirely agree with my noble friend that the defence budget has been unduly skewed. Of course we understand that the carriers are expensive ships, but they are also good investments. To balance the carriers there is the programme for the new Type 26 global combat ship, the Dreadnought and Astute-class submarines, offshore patrol vessels and, in the longer term, as I said, the lighter general purpose frigate. Therefore we can see a good balance of shipbuilding over the years ahead.

Armed Services: Claims

Lord Robathan Excerpts

Thursday 24th November 2016 Lords Chamber

[Lord Robathan (Con)]

My Lords, it is a delight to follow the noble and gallant Lord, with whom I studied at staff college—your Lordships will note that he had a rather more successful career than I did. I also defer to the high-price legal opinion that we have on both sides of the House and want to address this issue from the position of a practitioner, albeit a long-retired soldier, and of a politician with an interest in defence who spent three-and-a-half years in the last Parliament as a Minister in the MoD responsible for personnel.

I want first to look at the workings of military discipline in the chain of command and then briefly at the legacy in Northern Ireland, where soldiers have been pursued for political reasons. Finally, I want to see how we might improve the situation.

When I was a soldier some 30 years ago, military discipline was a great deal fiercer, but it was largely accepted by troops—everybody knew where they were, and they were all volunteers. It was not perfect; it was sometimes harsh and by 21st-century standards unjust, but it worked.

In today’s debate, I want briefly to cover the cases of Trooper Williams and Baha Mousa in Iraq. In 2004, a young man called Williams, 18 years old, found an Iraqi pushing a barrel-load of mortar bombs. He and a corporal pursued the man into a compound—they did not shoot him in the back, which they could have done—and Williams said that in a struggle, the corporal was having his pistol taken away from him by the Iraqi so he shot him. Who are we in this Chamber to dispute that story? He was charged under military law in front of his commanding officer and, with legal advice, the commanding officer dismissed the case.

However, the Adjutant-General at the time, conscious of feelings, wrote quite unacceptably in a letter—I quote it from memory—that Williams had to be charged again or it might become “a cause celebre for pressure groups”. I was quite unhappy with that when I discovered it. Kevin Williams, 18 years old, was kept in open arrest for a year and charged with murder in the civil jurisdiction—because he could not be charged a second time. When he went to the Old Bailey, the judge dismissed the case on day one.

Baha Mousa’s case was one of a disgraceful, appalling failure of discipline, but seven soldiers were charged. One was jailed for inhumane treatment and, quite rightly, the careers of several officers were ended without the need for subsequent inquiry.

In both cases, one of appalling misbehaviour, the military system had worked, however imperfectly. I put it to some of the noble and learned Lords in this Chamber that sometimes the civil jurisdiction does not work that well either. We did not need the ECHR to tell soldiers what was right and wrong, because they know—they are taught the Geneva Conventions, international humanitarian law and the law of armed conflict. The case of Sergeant Blackman is relevant, because in Afghanistan he knew exactly what he was doing and he actually said, “This is against the Geneva Convention”—although the eight years he received remains too long a sentence. However, he was tried by court martial, by military jurisdiction.

The Northern Ireland conflict ended in 1998. Many of the deaths and incidents there took place more than 40 years ago. There were 3,500 deaths, of which approximately 90% were caused by terrorist action. The other 10% were the result of police and military action in protecting the people of Northern Ireland, be they Catholic or Protestant, against terrorists—however imperfectly on occasion. One example where civil law was involved is the pitchfork murders in Fermanagh in 1972 which, as noble and learned Lords may remember, were covered up by a patrol. When that was discovered, the retired soldiers were brought to justice—quite rightly—and sent to jail. Where soldiers have been proved to have broken the law, they have been punished. I saw that myself in Northern Ireland.

However, the situation we now face in 2016 is disgraceful. For political reasons and under pressure from Sinn Fein, we now have the Legacy Investigation Branch of the PSNI, which is 70 officers strong and investigating 300 cases involving the military—which of course kept records—as its priority. Yet tenfold died because of terrorist activity. The Attorney-General for Northern Ireland ordered 56 coronial inquests and I am told that all bar one involve police or military actions. The Police Ombudsman for Northern Ireland is looking at historic complaints of police misconduct back in the Troubles. So the police and military are under the cosh yet they have always been judged by the law—often at the behest of former terrorists.

The last Secretary of State spoke in February of a “pernicious counternarrative” of the Troubles: opponents of the United Kingdom trying to rewrite them. The Stormont House talks of 2014 wanted to set up a proportionate inquiry unit, the Historical Investigations Unit, which would look at cases only where there was compelling new evidence and would have a five-year time limit to finish its work, starting with cases from the very beginning of 1969. Let me illustrate the current situation, briefly, with the case of Dennis Hutchings who, 42 years ago, shot a man dead. The Army and the public prosecutor investigated and the case was closed. The Legacy Investigation Branch of the PSNI undertook a cold case review and in 2013 decided to take no further action. The then Minister for the Armed Forces apologised to the dead man’s family—I was slightly surprised to discover that that Minister was me. Hutchings has now been charged with murder but his two comrades—his defence witnesses in the case—are dead. Is that justice? In all these theatres, we are often allowing our enemies and opponents to use our liberal values, which they oppose, against us.

The Government should fulfil their manifesto commitment, repeal the HRA and have a UK Bill of Rights—not to withdraw, as the noble Baroness said, from our moral obligations but to make things more fitting. I also back the noble and learned Lord, Lord Brown. We should reinstate something like prior immunity so that soldiers cannot sue the Crown for inadequate equipment because that is an entirely subjective judgment. Imagine the consequences of that 100 years ago with the Somme: it would have been a complete lawyer-fest. I am out of time, but I congratulate the noble and learned Lord on his excellent speech and for having this debate. I encourage Her Majesty’s Government to listen to the feelings expressed here and to take action so that our Armed Forces are effective in battle, able to act in the heat, dust and nightmare of it without worrying that lawyers in comfortable offices, be they in Strasbourg or the Strand, will later judge them to be criminals.

Royal Navy: Harpoon Anti-ship Missiles

Lord Robathan Excerpts

Wednesday 23rd November 2016 Lords Chamber

[Earl Howe]

My Lords, the noble Lord paints a false picture of the Royal Navy, which for the first time in a generation is growing. We need to be aware of that. He asked a specific question about Harpoon. The current batch of Harpoon missiles we carry has now reached its natural end of life. To replace it would require significant investment in a new missile stockpile. It was the Royal Navy’s judgment that that would be a less than optimal use of its budget for future investment.

[Lord Robathan (Con)]

My Lords, when the coalition Government took office in 2010, the finances of the Ministry of Defence were in complete chaos, largely because of decisions made by the previous Government, including the buying of the two magnificent aircraft carriers that we all look forward to seeing in service one day. Although we had to make a great many cuts, would my noble friend take down to the Ministry of Defence the message from this House that perhaps, now that the situation has changed in so many ways, the Royal Navy and other services need a little more money spent on them?

[Earl Howe]

I am grateful to my noble friend. It is important to understand the larger picture, as I alluded to a minute ago. For the first time in many decades, the Royal Navy is growing in both size and capability. Its judgment was that investing in the carriers, the Type 26 Global Combat Ship, the new submarines and the offshore patrol vessels, as well a range of missiles and capabilities, rather than reinvesting in a 1980s weapons system, represented the right order of priority for the Royal Navy’s overall capability. That firmly remains its judgment.

Defence Estate

Lord Robathan Excerpts

Monday 7th November 2016 Lords Chamber

[Earl Howe]

My Lords, the department takes the provision of good service family accommodation very seriously. We are continuing to manage the improvement of the performance in this area of CarillionAmey, which is the contractor as the noble Baroness knows. At the end of May 2016, following what was called a “Get Well Plan”, CarillionAmey effectively passed with a performance that was markedly better than it had achieved previously: in the next generation estate contract, 29 of 30 KPIs met performance targets; in the national housing prime, six of seven key performance indicators met performance targets. We will continue to monitor closely the company’s delivery performance, working collaboratively with it, of course, to sustain and improve its performance. But the noble Baroness is absolutely right that we need to achieve value for money in this area. I believe that now we are nearly there, but CarillionAmey is under no illusions that it must maintain this rate of improvement.

[Lord Robathan (Con)]

My Lords, like the noble Lord, Lord Touhig, I too was responsible for the defence estate for a time in the previous Parliament. My question concerns not golf courses but the growing disconnect between the Armed Forces and the people of this country whom they defend. With the reducing footprint that my noble friend the Minister has mentioned, the Armed Forces have a tendency to retreat back into their barracks and away from the people they defend, so there comes a greater disconnect. Can my noble friend reassure me that this will not lead to the civilian population regarding the Armed Forces as a race apart?

[Earl Howe]

My noble friend makes an extremely important point—one that has been very much in our minds as we have taken these ideas forward. I will be quite open with him: it is a risk. The more that personnel are concentrated in fewer centres, the more that the population as a whole will feel disconnected from the armed services. Ways must be found, therefore, to prevent that happening. We can see routes through events such as Remembrance Sunday and the commemorations around that. We can see it through the charitable work of organisations such as Help for Heroes, and so on. It is something that we need to bear in mind as we go forward. As Minister with responsibility for community engagement, I can tell my noble friend that I receive regular advice on this very topic.

Russia: Baltic States

Lord Robathan Excerpts

Wednesday 2nd November 2016 Lords Chamber

Asked by

[Lord Robathan]

To ask Her Majesty’s Government what assessment they have made of Russia’s current strategic objectives in the Baltic states.

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

My Lords, Russia’s activity around the territory of our allies, including the Baltic states, is designed to test the responses of NATO members. As set out in the 2015 strategic defence and security review, Russia’s behaviour will remain hard to predict. Though highly unlikely, there is the possibility that it may feel tempted to act aggressively against NATO allies. Our response, with NATO and EU partners, includes promoting access to independent Russian language media, enhanced forward presence and air policing.

[Lord Robathan (Con)]

I commend Her Majesty’s Government’s robust response through NATO, although we should all be rather concerned about seeming paralysis in the United States because of the presidential election. Those of us who are old enough to remember the Cold War will view the actions of Russia with very real concern, be it the 2008 invasion of Georgia, the Crimean annexation, the intervention in Ukraine, leading to the downing of an aircraft by Russian missiles, the bombing of Syria and Aleppo and, of course, not one mile from here on the streets of London, the murder of Alexander Litvinenko. Given the increasingly aggressive posturing of Russia in the Baltic, does the Minister think we should perhaps revisit last year’s SDSR? Perhaps our response, to which he referred, should be to look to increase defence spending, not just in the United Kingdom but particularly across the rest of NATO.

[Earl Howe]

My Lords, my noble friend has made some very important points and he is right. The UK is leading the way in defence expenditure. We have committed to the NATO 2% target and, during this Parliament, a 0.5% real-terms increase in the defence budget. However, he is right that spending across the alliance is still too low. Having said that, the alliance is making good progress. There are now five allies spending 2% of GDP on defence, an increase from three before the pledge. Twenty allies have increased defence spending in real terms and eight have put plans in place to work towards reaching the 2% guideline for defence spending, which demonstrates a clear political will. The issue now is to translate the political will into actions.

British Servicemen: Vexatious Law Suits

Lord Robathan Excerpts

Wednesday 19th October 2016 Lords Chamber

[Earl Howe]

My Lords, we are acutely mindful of the impact of any allegations against service personnel, particularly veterans and their families. Where veterans are involved in processes that arise out of alleged actions during their service, we will provide legal support as necessary—regardless of the length of an individual’s service or the time that has elapsed since the events occurred. It is always possible for us to look at improving the way we support veterans—and indeed serving personnel—and we are happy to look at anything in that area.

[Lord Robathan (Con)]

But my Lords, is not the PSNI legacy unit pursuing soldiers who committed acts 41 years ago, the cases against whom have been dismissed on at least two occasions? This means that people in their 70s are being arrested and charged, yet the other people who were in their patrol are already dead and cannot give evidence for them.

[Earl Howe]

My noble friend makes a powerful point. We want to process expeditiously any such cases where there is credible evidence. That is why we are supporting the creation of the historical investigations unit, which will roll into one some of the functions of the ombudsman and the Police Service of Northern Ireland and create efficiencies in the process. The life of that body will be limited to five years, which should provide some assurance that cases will not be allowed to drag on.