Defence Command Paper Refresh

Debate between Lord Robertson of Port Ellen and Baroness Goldie

Wednesday 19th July 2023 Lords Chamber

[Lord Robertson of Port Ellen (Lab)]

My Lords, I add my tribute on the impending retirement of the Defence Secretary in the House of Commons. He is the longest-serving Conservative Defence Secretary and, especially in his role in connection with Ukraine, he has been outstanding. We will miss him. I am in many ways sorry that he did not get the job that he aspired to, which I once had the honour of holding. After all, he had the primary qualification that the Minister and I both have—he is Scottish. Sadly, that was not sufficiently appreciated among the other 31 countries and therefore, the Back Benches beckoned to him as well.

The Minister held up the document, and I could see that it has been well flagged by the department for her. It is called not “Refresh” but Defence’s Response to a more Contested and Volatile World. On page 63 it states:

“As set out in the IRR, the most urgent priority in the Euro-Atlantic is to support Ukraine to reassert its sovereignty and deny Russia any strategic benefit from its invasion. Our continued and unwavering support to Ukraine has shown the UK at its best”.


If that is the case and we are now involved in helping Ukraine in the existential battle it is undertaking with the Russian Federation, why is this Parliament debating and discussing this at the fag-end of the day, just before the Summer Recess? Will the Minister reflect on the fact that the last time we had a full-scale debate on the subject of a war in which we are participating was a year ago? Will she take the message back to her department and through it to the Prime Minister that Winston Churchill came to Parliament almost every week during the Second World War in order that the Parliament of the country was as involved in the conflict as Ministers of the Crown? I have made this point to her before, but it needs to go beyond her because I am sure she actually agrees with me. We really have to have proper debates about this matter; otherwise, documents such as this will lie on a shelf and will not help with the campaign or the fight any more than is happening at the moment.

[Baroness Goldie (Con)]

I thank the noble Lord for his kind remarks about my colleague and friend Ben Wallace. I will convey them to him and direct him to Hansard. I know he will be much comforted by the comments of the noble Lord, Lord Robertson, and I know he will not bear any resentment that the noble Lord, Lord Robertson, enjoyed what has eluded him. He is looking remarkably free and easy. He is looking positively liberated, so I think he is clearly anticipating with great pleasure whatever lies ahead.

I omitted to respond to the point that the noble Lord, Lord Coaker, raised at the beginning of his remarks about an opportunity to debate this in the autumn. The noble Lord, Lord Robertson, has just articulated a very similar sentiment, which reminded me. When the noble Lord previously passionately expressed his disquiet and dissatisfaction with the amount of time devoted in this Chamber to debate on the Ukraine war, I did convey that, and I fully understand that this paper is a very significant component of our defence plans. Again, I will take this back direct to the Leader and the Chief Whip and say that there is clearly an appetite for more time to be set aside. Your Lordships will understand that in this House we do that through the usual channels. I would appreciate it if your Lordships would convey the same message through your avenues on your party Benches, because I think the Leader and the Chief Whip would find that helpful.

I am very clear about the significance of where we are now, with another war in Europe, as the noble Lord, Lord Robertson, indicated—an illegal conflict in Ukraine. The pivotal decisions that now lie in front of defence, our change of direction and how we will take forward this new model, genuinely require debate and discussion. I am very sympathetic to that, so I reassure both noble Lords that I hear what they are saying and I will repeat that as cogently as I can.

Ukraine: Update

Debate between Lord Robertson of Port Ellen and Baroness Goldie

Thursday 19th January 2023 Lords Chamber

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

I thank the noble Lord, Lord Coaker, and the noble Baroness, Lady Smith, for their helpful comments. As I have said before, that unanimity of political support in the UK is really important. It has been commented upon to me, and it sends out a very significant message, so I wish expressly to thank both noble Lords for their contributions.

On the latest situation in Ukraine, noble Lords will be aware that the announcement made by my right honourable friend the Secretary of State in the other place on Monday reflected a very significant augmentation of everything we have been doing. In fact, as I prepared to address the House on the Statement, I looked at the list of equipment, ammunitions, help and provisions, and I thought it might be useful if we managed to produce some kind of summary of everything that has been produced, because in aggregate it is a fantastic amount. With the help of not just the UK but our partners and allies, we have in aggregate produced something really substantive that has absolutely put energy in the Ukrainian armed forces to defend their country and take forward courageously the difficult and deadly fight in which they are engaged. There is no doubt that, by listening to their needs and requests and assessing their intelligence, our intelligence and United States intelligence, we have been able to respond very positively to those needs.

Very importantly, because a request was made for co-ordination, what exactly is happening? I remind the Chamber of what I alluded to yesterday, which is that there is a NATO CHODs meeting yesterday and today, where we are represented by the Chief of the Defence Staff. The Secretary of State is currently in Estonia, at Tapa, and tomorrow there will be the donors conference being convened by the United States in Ramstein, which will be attended by the Secretary of State and the Chief of the Defence Staff. These fora illustrate the extent to which everybody is speaking to one another. There is a very fluid dialogue going on, and if you marry that into structures that have been put in place, such as the international donor co-ordination centre and the international fund to help Ukraine, I think noble Lords will understand that there is a really solid framework to support Ukraine in its endeavour to defend itself.

The noble Lord, Lord Coaker, asked specifically about the situation in Ukraine. As I think we are aware, it has been going through considerable challenge with the relentless and merciless onslaught from Russia. The nature of that onslaught is in itself interesting, because it suggests that Russia continues to be disorganised, in a sense. Its strategic aims are not clear. From the Russian end, I think the recent switch of commanding officer—the commanding officer has now been sacked and the original one brought back in—indicates that there is some disarray in Russia’s activity.

None the less, we can try to help on both the military front and the humanitarian front, and that is what we have been doing. I think Members are now pretty conversant with where we have got to on the military front and everything we have been offering. On the humanitarian front, Members will be aware that we have been a leading humanitarian donor, with a £220 million package of humanitarian aid, a fiscal support grant of around £75 million and a £100 million grant to support Ukraine’s energy security and reforms.

We have also been doing grant-in-aid medical equipment to the armed forces: ambulances, tourniquets, field dressings, individual first aid kits, medic packs and hospital consumables. We have used the conflict, stability and security fund to support payment of salaries to the Ukrainian armed forces. Over and above that, the Prime Minister confirmed in November that we would provide £12 million to the World Food Programme and £4 million to the International Organization for Migration to help meet some urgent humanitarian needs, particularly of course during winter. That funding will help provide generators, shelter, water repairs and mobile health clinics.

The UK has more than 350 staff in the region working on the response to the crisis—so that is no small amount of support. That includes humanitarian experts, and within the UK more than 70 staff are working on our humanitarian response. I think it is important to mention that the UK has matched pound for pound the public’s first £25 million for the Disasters Emergency Committee’s Ukraine humanitarian appeal. That is the UK’s largest-ever aid-matched contribution.

On more specific things, as Members will be aware, we have been trying to help with work to restore energy supply and with provision of generators. Very interestingly, we have been trying to help with an array of measures, not least the provision of some military equipment, to assist with de-arming equipment that has been left and also with minefield hunting, to try to identify where there are perils. That is all a very necessary precursor to trying to do anything in the rebuild sense.

In an earlier debate on Ukraine, the noble Baroness, Lady Stuart, brought to my attention the Wilton Park report in December, and I was very grateful to her. I commend this report to any of your Lordships who have not yet read it. It is a really interesting analytical and constructive suggestion as to how we may go forward with rebuilding the country.

The noble Baroness, Lady Smith, talked about the tragic helicopter crash yesterday. We were desperately saddened to hear about that, and our thoughts obviously go out to the families of all those affected by that tragedy, including the Minister and the other 14 people. Our thoughts are very much with the Ukrainian Government at this time. I have no further information about the crash, so I am unable to give your Lordships any more detail.

The noble Lord, Lord Coaker, asked me about the location of the Challengers. For security reasons, I cannot disclose that, but I can say that training has already begun. Somewhere in this voluminous briefing pack, I saw a reference to training starting as soon as the Ukrainian troops arrive in the UK. That is likely to be by the end of this month, which is quite encouraging. All the equipment that we have announced—the subject of this repeated Statement—will be operated by Ukrainian troops on the battlefield in the coming months. I cannot be more precise than that but I think your Lordships will understand that there is a mutual desire on the parts of both the UK and the Ukrainian Government to accelerate this as best we can.

The noble Lord, Lord Coaker, asked about the Prime Minister’s earlier reference to a review of what we have been providing. I think your Lordships will now understand that that was more a mechanical inquiry in order to be satisfied that what we have been providing has been used to good effect and is actually changing the dynamic of the conflict, which I think it is. The Prime Minister’s subsequent personal commitment to the new tranche of equipment bears testament to his resolve that the UK Government will stand shoulder to shoulder with the Government of Ukraine to support them in this conflict; there have been significant aid gestures from the United Kingdom since the Prime Minister talked of his review. The noble Lord raised that question with me earlier and I said to him that I saw nothing sinister or alarming about that; to me, it was just a routine check to make sure that we are providing the right things and making a difference.

The noble Lord also referred to the language used by my right honourable friend the Secretary of State when he talked about the war changing from resisting to expelling Russian forces. I have checked Hansard to see what he said. He was talking of Ukraine. He meant that Ukraine can go from resisting to expelling Russian forces from Ukrainian soil. We have always been clear that our defence policy is to support Ukraine in defending itself against this illegal aggression and to take whatever steps it needs, within international law, to repel that aggressor.

The noble Baroness, Lady Smith, asked about replenishment. I can provide some information that may be more specific than she thought I might be able to give her. We are fully engaged with industry. That is happening not just within the United Kingdom; it is happening across the piece with our NATO allies. As I said yesterday, none of this can be done in a silo. The United Kingdom cannot have a solitary conversation with a producer; we have to be doing it in tandem with our allies and partners to work out clarity on what is needed, who is going to provide it and when. So we are fully engaged with industry allies and partners to ensure both the continuation of supply to Ukraine and that all equipment and munitions granted in kind from UK stocks are replaced as expeditiously as possible.

Exact stockpile details are classified for obvious operational reasons so I cannot give further comment on that, but I can say to the noble Baroness that a number of substantial contracts have already been placed to replenish UK stockpiles directly. These include the replenishment of the Starstreak high-velocity, lightweight, multirole missile. I can confirm that the replacement next-generation light anti-tank weapons, NLAWs, are currently being built, and several hundred missiles will be delivered to UK stockpiles from 2023 onwards. A contract for further NLAWs was signed on 7 December 2022. I hope that reassures your Lordships that this is actively being engaged on.

I have tried to deal with the points that have been raised. I will check Hansard and, if I have omitted anything, I apologise and I shall write.

[Lord Robertson of Port Ellen (Lab)]

My Lords, I thank the Minister for repeating the Statement. Through her, I thank all those at the Ministry of Defence who are assisting Ukraine at this difficult time. The Ukrainians are defending themselves but, in defending their country and themselves, they are defending us as well. Vladimir Putin has made it clear that he is at war with the West and with us; we must take that extremely seriously.

The decision to send the Challenger tanks is a good one. I hope that it will put additional pressure on the German Government to release the Leopard tanks that other countries wish to give at present, so it is symbolically important too. I associate myself with what my noble friend Lord Coaker said: it is time that we had a full-scale debate in this House on this issue. We are at war. Vladimir Putin is at war with us and, in a wartime situation, we really need an opportunity for Parliament to say its word.

Finally, can I offer a suggestion to the Minister that she might take away? When the Prime Minister goes to Kiev, as he will and as he must, he should issue an invitation to the Leader of the Opposition to join him. It is extremely important that the Ukrainians and the Russians see that it is the British people who are fighting at present, not simply the British Government. I hope that she will pass that message on.

[Baroness Goldie (Con)]

I thank the noble Lord for his comments. The matter of a debate in this House was raised with me by someone from my own Benches yesterday. As I indicated, it is a matter for the Government Whips’ Office and the usual channels but I am sure that, if they pick up that there is an appetite for it, they will pay close attention. The noble Lord’s other suggestion is interesting. It is certainly something that I will take back and relay to the department. I do not know when the PM is next scheduled to visit Ukraine but I understand the point that the noble Lord makes.

Armed Forces Bill

Debate between Lord Robertson of Port Ellen and Baroness Goldie

Committee stage
Tuesday 2nd November 2021 Grand Committee

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

My Lords, I rise to speak to group 7, which comprises government Amendments 38 to 42, 45 to 47, and 67 and 68, in my name. I will speak also to Amendments 43, 44 and 66, in the names of the noble Lords, Lord Coaker, Lord Robertson of Port Ellen and Lord Thomas of Gresford, and the noble and learned Lord, Lord Thomas of Cwmgiedd.

I thought it would be helpful if I started with something of a scene setter on the report of the review conducted by Sir Richard Henriques. As noble Lords will be aware, on 13 October 2020, the Secretary of State announced the commissioning of a review by Sir Richard Henriques, to build upon, but not reopen, the recommendations of the service justice system review by His Honour Shaun Lyons and Sir Jon Murphy.

The aim was to ensure that, in relation to complex and serious allegations of wrongdoing against UK forces on overseas operations, defence has the most up-to-date and future-proof framework, skills and processes in place, and that improvements can be made where necessary. The review was to be forward looking and, while drawing on insights from the handling of allegations from recent operations, it was not to reconsider past investigative or prosecutorial decisions or to reopen historical cases.

I am pleased to say that Sir Richard submitted his report at the end of July 2021 and, as I had committed to do at Second Reading, we published it on 21 October, with a supporting Written Ministerial Statement, to enable your Lordships to have chance to consider it during the passage of the Armed Forces Bill. It goes without saying that we are very grateful for the comprehensive and considered work that Sir Richard has undertaken, and we particularly welcome his recognition of the need for a separate system of military justice. In summary, the report contains a total of 64 recommendations, approximately a third of which are focused on taking forward the establishment of a Defence Serious Crime Unit—DSCU—originally recommended by Sir Jon Murphy.

There are also a number of operations-related recommendations, including for protocols between the service police, the Service Prosecuting Authority and the Judge Advocate-General for processes relating to the timely and effective investigation of allegations of unlawful killing and ill-treatment by UK forces on overseas operations. There are also recommendations for improving the technical IT systems supporting the military courts, and a number of recommendations relating to summary hearings.

As set out in our ministerial Statement, we have prioritised taking forward the recommendations to establish the Defence Serious Crime Unit, and I am extremely pleased that we were able to take swift action to table the government amendments for the key DSCU recommendations—one, two and seven—because they require primary legislation.

We have also committed to taking forward work over the coming months on four other recommendations, which will: amend standard operating procedures to ensure that service police are informed with minimum delay of reportable offences; establish a serious incident board within the Permanent Joint Headquarters; create or upgrade an operational record-keeping system; and adopt a uniform approach in respect of training of service legal personnel prior to their posting to the Service Prosecuting Authority.

The remaining recommendations, including among other things legal support to personnel, improved technology and IT for the service courts and improvements to the summary hearing process, raise wider implications relating to policy and legal and resourcing issues. These will be considered further by the department over the coming months. Where appropriate and necessary, legislation will be brought forward when parliamentary time allows. I will of course update your Lordships on progress.

Our goal will be to ensure that, in considering and taking forward work on Sir Richard’s recommendations, we continue to maintain operational effectiveness and the swift delivery of fair and efficient justice for victims and offenders.

The amendments in my name contain the necessary changes to primary legislation to give effect to the Government’s plans for a new tri-service serious crime unit, headed by a new provost marshal for serious crime. This is an important set of amendments that demonstrate the Ministry of Defence’s commitment to the highest investigative capabilities for the service justice system. Through this, we are rapidly taking forward the most important set of recommendations from Sir Richard Henriques’s recently published review.

The amendments make the following key changes. The new clause provides that the new provost marshal for serious crime is subject to the same rules about appointment as existing provost marshals. This means appointment by Her Majesty and the requirement that they be an officer in the service police. The new clause also provides that the new provost marshal for serious crime will be responsible for ensuring that investigations of the new tri-service serious crime unit are independent.

The new schedule contains consequential amendments relating to the clause and provides the new provost marshal for serious crime with the same investigative powers as the pre-existing provost marshals for the Royal Navy, Army and Royal Air Force and service police. I should underline that these are not new investigatory powers for the service police. This is about ensuring that the existing service police investigatory powers are available for the new arrangements. We expect there to be a similar consequential exercise for changes needed to secondary legislation.

Sir Richard’s recommendations supported those made by His Honour Judge Shaun Lyons and Sir Jon Murphy regarding the implementation of a Defence Serious Crime Unit. He further recommended: that the Defence Serious Crime Unit be an operational unit; that it should be commanded by a provost marshal for serious crime; and that the provost marshal for serious crime should have a duty of operational independence in investigative matters owed to the Defence Council, on the same terms as that owed by the service provost marshals under Section 115A of the Armed Forces Act 2006.

The Ministry of Defence has been working on the Defence Serious Crime Unit model since the recommendations made by the Lyons and Murphy review. There were non-legislative ways of implementing the recommendations from Lyons and Murphy under consideration. However, the recommendations from Sir Richard require primary legislation, particularly as far as they concern the operational independence of the unit and the new provost marshal.

The Defence Secretary is adamant that we should progress these aspects of Sir Richard’s report with the utmost speed, which is why we are bringing these amendments before your Lordships today. With the support of noble Lords, we will be able to implement these critical recommendations and, in tandem, we will progress the remaining recommendations which focus on the functionality, remit and operational considerations for the unit.

With the establishment of the new provost marshal for serious crime and the tri-service serious crime unit, the MoD will be in a stronger position to respond to serious crime. We will be able to combine resources and specialist skills from across the single services under one unit and will build an independent, more effective and collaborative approach to policing across defence.

This reinforces the decision by the Secretary of State for Defence that the existing principle of jurisdictional concurrency between the service and civilian jurisdictions should be maintained. That of course is a position that Sir Richard Henriques has also supported. The service justice system is capable of dealing with the full range of offences when they occur, in the UK as well as overseas. These changes to service policing will support that capability into the future.

I hope that this explanation assures noble Lords of our commitment to the improvement of policing across the service justice system and our intent to adopt the recommendations provided in the judge-led reviews. I therefore urge your Lordships to support the proposed amendments in my name.

[Lord Robertson of Port Ellen (Lab)]

Will the noble Baroness give way for a moment? She admits that she is not implementing all the recommendations in the Henriques report in relation to the prosecution and then she said that the Government would consider them with utmost speed. I recognise all these wonderful phrases. Then she said that she would bring forward amendments when parliamentary time allows. That seems to me to kick the matter down the road. Some of his recommendations that are not part of this new clause need to be implemented as early as possible. I am sure the Minister will eventually find that “when parliamentary time allows” normally means in many years’ time.

[Baroness Goldie (Con)]

I am just checking back to see what I actually read out. I was pointing out that this is roughly broken into three sectors. One is what we are taking forward today with the amendments. The second concerns four other specific recommendations that we are taking forward. Then the remaining recommendations, as I said, raise wider implications for policy, resourcing and legal issues. I said that these will be considered further by the department over the coming months and, where appropriate and necessary, legislation will be brought forward when parliamentary time allows.

That is not kicking the can down the road. That is to simply say to the noble Lord that we recognise that we still have research, inquiry and investigation to do in the department to understand the consequences of these recommendations from Henriques. We want to be clear about that but, equally, we are very positive about Sir Richard Henriques’ report. I said that our goal will always be to ensure that, in considering and taking forward work on his recommendations, we keep an eye on operational effectiveness and the swift delivery of fair and efficient justice for victims and offenders.

I hope that explains to the noble Lord why I cannot really go any further than that today. I certainly dispute his analogy of kicking the can down the road. This is a serious and substantial piece of work. We are prioritising the most important part, which we think will make a big difference to policing within the service justice system, and we are being canny about how we then progress the other bits of the report.

[Lord Robertson of Port Ellen (Lab)]

May I ask the Minister to be more specific and tell us which of his recommendations in relation to this specific part raise policy implications that will have to be considered over some time?

--- Later in debate ---

[Lord Robertson of Port Ellen (Lab)]

My Lords, it is a great privilege to follow the former Lord Chief Justice of England and Wales in making the valuable and very firm points that he made. The question he asks is far from rhetorical. Why should members of our Armed Forces settle for second best? Why should we expect them to be less entitled to systems of justice that ordinary citizens can access?

I have vivid memories of the overseas operations Bill from this Session of Parliament. That was another Bill that came from the House of Commons, where the debates were dominated by a Minister demanding total obedience to every dot and comma of the Bill on the grounds that if you were against it, you were against the British Army, thereby allowing through provisions that might well have led to British soldiers and other members of Britain’s Armed Forces appearing before the International Criminal Court. Eventually, the Government woke up, but not without huge pressure and a lot of distinguished Members of this House making sure they got a very firm message. I do not want to embarrass the Minister too much, but I know that she played a role in getting common sense seen in that debate.

When we look at legislation being brought forward by the Government, we are wise to be cautious about what the Government say in their own defence. Therefore, when the Minister says that there are elements in the Henriques report which require attention and I ask which of those have policy implications, I would expect the department to be able to tell us. I recognise the phrase “when parliamentary time allows”, because I am sure I used it during my ministerial career. There is usually very little parliamentary time available for primary legislation, which is what would be required to enact the remaining aspects of the Henriques recommendations.

I follow my noble friend Lord Coaker in what he says and his detailed questions. The key question concerns the fact that, while Henriques made a number of recommendations, 13 of them have not appeared in the amendments to the Bill in this Committee. He is right to ask this question, which I repeat: which of these require policy consideration, because that could take a very considerable period to come forward as well?

The stories in the Sunday Times, both last Sunday and the Sunday before, should, frankly, horrify all of us. What is described there is disgraceful, disgusting and completely indefensible. I am not a lawyer or a soldier, but I cannot understand why action is not being taken and investigations into this particular incident are not taking place. We are being told that only if the Kenyan authorities start to make their inquiries will anything happen in this country, when there seems to be clear evidence around, involving British citizens and members of the British Armed Forces involved in this. Why has there not been some investigation? Just as members of the Armed Forces are perfectly entitled to be treated like other citizens in this country, victims also have a right to the kind of justice and investigation that we would expect for anyone else in the country.

We should not allow the Sunday Times to develop this story, week after week, with hugely damaging effects on the reputation of our Armed Forces, the recruitment of people into them and the country as a whole. Although it is not, strictly speaking, the business of this Committee, it is a matter of public concern. It has alerted the public in general to the whole question of service discipline. Therefore, the business of this Committee and Bill, detailed and arcane as it is in some ways, has now become a matter of public attention. It is up to the Government and Ministers in the Ministry of Defence to pay attention to that and resolve it so that they protect the reputation of the country and our distinguished Armed Forces.

[Baroness Goldie (Con)]

My Lords, I first thank noble Lords for an interesting and stimulating debate, as ever. I shall endeavour to respond to the points raised. I certainly hope that the fate that befell Admiral Byng, so colourfully described by the noble Lord, Lord Thomas of Gresford, does not befall me, or the proceedings would come to a summary conclusion.

I will first address the points raised by the noble Lord, Lord Coaker, who said, quite correctly, that perception is important. I agree with that, but so is legal exactitude, which is, I accept, tedious to some but none the less absolutely vital in the framing of legislation. I will come to that in a little more detail shortly.

I say to the noble Lords, Lord Coaker and Lord Robertson—who, with the best of intentions, I know, raised the appalling situation of the Kenyan lady —that I am constrained. This is a live investigation in Kenya, and it is sub judice. I can say that the Secretary of State has offered our full co-operation, but it is essentially a Kenyan investigation. We are prepared to offer any co-operation that we can when they request it. We have to let the investigatory process continue.

The noble Lord, Lord Coaker, reverted to the point raised by the noble Lord, Lord Robertson, about the remaining Henriques recommendations. I looked at again at what I said and double-checked where we are. I do not want to be discouraging or disappointing, but I can put my hand on my heart and say that approximately 40 of these recommendations require policy and legal analysis. That is factual, and I cannot accelerate that at the moment, but I am happy to give your Lordships an undertaking that I shall certainly monitor and report back on progress. I hope that will reassure your Lordships that this is not some somnolent process that will fall asleep once Committee stage is over. I am very happy to place that on the record and offer to do that.

Overseas Operations (Service Personnel and Veterans) Bill

Debate between Lord Robertson of Port Ellen and Baroness Goldie

Consideration of Commons amendments
Monday 26th April 2021 Lords Chamber

[Baroness Goldie (Con)]

My Lords, first, I thank all noble Lords for their contributions. Again, I thank and pay tribute to the noble Lord, Lord Robertson, for his assiduous attention and perseverance in respect of this issue. I endeavoured to engage widely, and I thank noble Lords for the recognition of that engagement. I was anxious to do my level best to understand where the concerns really lay.

I thank noble Lords for the welcome they have extended to the Government’s change of position on this. As indicated by the last speaker, the noble Lord, Lord Tunnicliffe, I welcome the recognition that there was a balance to be struck. I now detect, quite clearly, I think, that your Lordships are seeing the Bill reach a shape whereby it is a positive advance, providing clarity and greater certainty to our Armed Forces personnel. As I said in my opening speech, the Government will not oppose the amendment of the noble Lord, Lord Robertson, and they will table an amendment in lieu to ensure drafting accuracy.

[Lord Robertson of Port Ellen (Lab) [V]]

I am delighted with what the Government have said and with the support that has been given to this amendment in this House. We are doing absolutely the right thing by our troops. The noble and gallant Lord, Lord Houghton, makes the strong point, which I have heard from a number of military officers, that to have left any vestige of possibility that our troops might have appeared before the International Criminal Court would have been a disgrace, entirely wrong and very damaging to the morale of those who are still deployed to defend this country and its interests.

The offences under Article 8.2 of the Rome statute are protected in international law as being without limit of time. To have invoked any presumption against prosecution for those offences would have been to be in breach of international law and international humanitarian law. If that had happened, it would have been a stain on our country, or, as one of the senior military representatives said, a national embarrassment.

This country has also been saved from the use of this legislation by every dictator and warlord in the world, who would have used it as a precedent for their own illegal actions. Even in the last few weeks, we have seen a number of countries subject to the ICC jurisdiction praying in aid this draft of the legislation. We have been saved from that as well.

I, of course, admire and respect those who serve in our name in conflicts overseas. They do so bravely, tenaciously and professionally. As Defence Secretary and then Secretary-General of NATO, I often had to make decisions about the deployment of these individuals and place them in harm’s way. These were never easy decisions to make, but I was comforted by the fact that our Armed Forces always act within the law. To single them out as being somehow above these laws would have done a disservice to them and to their purpose.

I thank the Minister for her consideration and for listening, the Secretary of State, who listened to the voices that have come from such a wide range of opinion, and all those who have helped in this particular argument. I look forward to seeing, before they are tabled, the drafting amendments that the Minister promises will be brought forward for the amendment in lieu in the other place. As a matter of form, I beg to move Motion A1.

Overseas Operations (Service Personnel and Veterans) Bill

Debate between Lord Robertson of Port Ellen and Baroness Goldie

Report stage
Tuesday 13th April 2021 Lords Chamber

[Baroness Goldie (Con)]

My Lords, first, I thank the noble Lord, Lord Robertson, and all other noble Lords for their thoughtful contributions. We heard some exceedingly powerful speeches on these issues in Committee, and they were echoed today. I recognise the understandable concern and emotion that accompany the arguments that have been adduced. This is an extremely important matter, perhaps the most passionately debated part of the whole Bill, and I do not underestimate the scale of my task to address the arguments advanced by the noble Lord, Lord Robertson, and his supporters, but it is my job to try. The noble and gallant Lord, Lord Stirrup, made a telling point about perception, and it is my job to try to address that issue as well.

I reassure the House that the Government have given considerable and careful consideration to the offences that are excluded from the measures in Part 1. The intent of the Bill, as drafted, ensures that the Part 1 measures will apply to as wide a range of offences as possible, in order to provide that necessary reassurance to our service personnel that the operational context will be taken into account, in so far as it reduces a person’s culpability, in the circumstances of allegations of criminal offences on historical overseas operations. The broad objective of the Bill is to support our Armed Forces personnel, and I accept that that has been recognised across the Chamber. The divergence of opinion is on how we can deliver that reassurance.

In considering the provisions of the Bill, the Government gave careful thought to the physical environment of an overseas operation. As noble Lords who have served on such operations will know, the range of activity is diverse and the threat of danger ever present. It is a lethal environment in which our Armed Forces are called upon to deal with unimaginably challenging situations, and it is predictable that, arising from such activity, allegations of wrongdoing may be made. The one type of activity which can never have any place in such an operation is the commission of a sexual offence, so I say to the noble Baroness, Lady Smith, that is why sexual offences are excluded from the Bill. She referred to that as a presumption: it is not a presumption—it is an explicit exclusion.

Some have argued that such an exclusion means that the Government are relegating other crimes to a lower classification of gravity. We are not. We are acknowledging that in an overseas conflict, because of the inherent nature of such activity, there is a predictability about allegations being made that crimes have been committed. The Government are neither defining nor categorising what these crimes may be, we are merely creating a clearer framework and structure as to how such allegations are to be handled. It goes without saying that of course we shall take other offences, such as war crimes and torture, extremely seriously. I repeat that the Government’s decision to exclude sexual offences only, as I set out in detail in Committee, does not mean that we will not continue to view with the utmost gravity other offences such as war crimes and torture.

Nor will the Bill somehow provide an excuse for poor behaviour or enable impunity for very serious crimes allegedly committed by our Armed Forces personnel. I am very grateful to the noble and gallant Lord, Lord Stirrup, for his comments in that respect and I am pleased that many noble Lords recognise that the presumption against prosecution does not amount to either an amnesty or a statute of limitations, nor the creation of a de facto immunity. I say to the noble Lord, Lord Hannay, that a bar on prosecution in gremio of the Bill would be an amnesty—it would be a statute of limitations and a de facto immunity— but there is no such provision in the Bill. I remind noble Lords that the severity of an alleged offence will continue to be an extremely important factor for a prosecutor in determining whether to prosecute. We should remember that the presumption is, of course, rebuttable.

A number of noble Lords, including the noble Baronesses, Lady Chakrabarti and Lady Kennedy, referred to the five-year period. I just observe that the period was informed by the response to the consultation carried out on the Bill. Interestingly, the period of five years was visited at an earlier stage, in Committee, and has not been revisited.

I have listened to the very real concerns expressed by many in this House, including references to many third parties holding similar views, that the Bill undermines the United Kingdom’s continuing commitment to, and damages our reputation for, upholding international humanitarian and human rights law, including the United Nations Convention against Torture. I say to the noble Lord, Lord Dubs, that I seek to assuage these concerns and to reassure once more on this point: the United Kingdom does not participate in, solicit, encourage or condone the use of torture for any purpose, and we remain committed to maintaining our leading role in the promotion and protection of human rights, democracy and the rule of law. Our Armed Forces will continue to operate under international law, including, of course, the Geneva conventions, and we will continue to expect that others will do the same.

I would like to explain further why the Government’s view is that Amendment 3 should be resisted. First and foremost, we are concerned that it would undermine the reassurance that we are seeking to give to our service personnel and veterans by excluding a considerable list of offences from the application of the measures in Part 1. The Bill does not prevent such offences being investigated nor prosecuted. Indeed, in relation to prosecution, the gravity of the crime will be a cogent factor. It is perhaps also worth adding that, in the interests of clarity and to preserve the structure of the Bill as currently drafted, we believe that all the excluded offences should be listed in the same place in the Bill, and that the appropriate place is Schedule 1, instead of being spread across the Bill, as the noble Lord’s amendment would provide.

I have endeavoured to present the Government’s position and, in these circumstances, I ask the noble Lord, Lord Robertson, to consider withdrawing his amendment.

[Lord Robertson of Port Ellen (Lab) [V]]

My Lords, I do not have to repeat the respect that the House has for the Minister, but she does not speak with any great enthusiasm. That is not surprising because her case is so weak that enthusiasm and passion certainly cannot be part of her argument. I do not want to take up a lot of the time of the House at this stage, but let me quote what General Sir Graeme Lamb, the former director of Special Forces in the British Army, said in the weighty Policy Exchange document that was critical of this Bill. He said

“good intentions are not enough as the Bill as it stands may fail to protect our troops adequately … it does nothing to address the problem of repeat investigations.”

Then there was Bruce Houlder, the former Director of Service Prosecutions whom I quoted in my original speech, who told the Financial Times that the five-year limit would be an “international embarrassment”. I did not quote what he added, which was that

“the idea that we then treat torture and other grave crimes including homicide as excusable, and legislate in effect to make it difficult in the extreme to prosecute after five years, is really outrageous.”

The Minister has not quoted anybody in support of her contention that what the Government are saying is reasonable. I and other noble Lords and noble and gallant Lords have quoted endless examples of those who say that what is happening here today in this Bill is outrageous. Even today’s Daily Mail editorial condemns the Government for apparently legitimising torture in the way that the Bill does.

In light of the fact that the Minister has given no defence whatever, I insist that we test of the will of the House on this amendment.

Overseas Operations (Service Personnel and Veterans) Bill

Debate between Lord Robertson of Port Ellen and Baroness Goldie

Committee stage & Lords Hansard
Tuesday 9th March 2021 Lords Chamber

[Baroness Goldie (Con)]

Again, I undertake to look carefully at the noble Lord’s remarks.

[Lord Robertson of Port Ellen (Lab) [V]]

My Lords, I too thank the Minister for her gracious reply and for her willingness to take this matter away and reflect on this and other debates. I am glad that she recognises that, among the 800-odd Members of the House of Lords, the Government could not mobilise one single Member of the House to come and defend the position on this amendment. I am not surprised, and I can see the difficulty that she has in putting forward the argument.

I listened to see whether I could be persuaded by what she said—after all, some of the officials who used to work for me may still be there and producing the rationale for her this evening. However, to say simply that there is no bar to prosecution for war crimes, torture and crimes against humanity is to state only the technical argument. The fact is that the Bill gives a presumption against prosecution for war crimes, crimes against humanity and torture, and that is what is going to be noticed, not the technical argument that there is no actual bar. There are barriers or, as the chief prosecutor of the ICC said, conditions laid down which will be well noticed.

Perhaps I may also say that when the Minister goes back to the Ministry of Defence and faces those who want to take a stand here, it might be worth avoiding the mistake that we make all too often in foreign relations, which is mirror imaging—looking at an issue through our eyes. In this case, if those who want to take a hard line would look at this issue through the eyes of the torturers, the war criminals and those who would perpetrate torture and crimes against humanity and see what sort of signal they are getting from the United Kingdom and its legal system, that would paint a different picture from the rather Panglossian view that just been put forward.

I feel strongly about this, more strongly than I have felt about many other things, because I feel for my country. I feel for its reputation and the credibility of our standing in the world and our reputation for adhering to agreements that we have come to. So all of us hope that the Minister will go away, think and expect others in the department and the Government to think again. On that basis, I am willing to withdraw the amendment, but I have no doubt that we will come back to the issue at later stages of the Bill.

Covid-19: Security Risks

Debate between Lord Robertson of Port Ellen and Baroness Goldie

Tuesday 19th May 2020 Lords Chamber

[Baroness Goldie]

We have not used the Rapid Air Mobility initiative at all, so the Turkish flight was not one of these flights. However, we have deployed our assets to respond to NATO requests.

[Lord Robertson of Port Ellen (Lab)]

My Lords, over these last few weeks during this emergency, NATO has especially proved its worth. I put on record what I think is our collective gratitude to the UK delegation to NATO for its work, especially on social media, to make people aware of what NATO is doing at this point. However, is the Minister as shocked as I am by the recent public opinion survey by King’s College London, which showed that among the over-60s in this country, only 41% said they had any knowledge about NATO, and that this drops to 25% in the under-35s? Surely the Government have a responsibility, indeed a duty, to let the British public know how valuable NATO is to their safety and security. Should they not do more in the information field?

[Baroness Goldie]

The noble Lord raises an interesting point. With the universal distraction of Covid-19, minds may very well be less focused on NATO and more focused on issues of health, well-being and personal safety. I shall certainly look at the survey, which sounds interesting, and we shall reflect on whether more activity could be engaged in highlighting and heightening NATO’s profile.