Defence: UK Territorial Waters

Debate between Lord Trefgarne and Lord Astor of Hever

Tuesday 24th March 2015 Lords Chamber

[Lord Trefgarne]

To ask Her Majesty’s Government whether they are satisfied with the present arrangements for detecting and shadowing non-NATO naval units which may enter the United Kingdom’s territorial waters without prior authority.

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

My Lords, this Government take security of our maritime boundaries very seriously. Our Armed Forces have a multilayered submarine detection capability, using highly effective assets including frigates, submarines and anti-submarine helicopters, and maritime patrol aircraft support from NATO allies. We, in turn, often support them when they have capability shortfalls. It is routine for NATO allies to support each other in this way and demonstrates one of the benefits to the UK of NATO membership.

[Lord Trefgarne (Con)]

My Lords, I am grateful to my noble friend for that reply. Is he really satisfied, though, with the maritime patrol aircraft arrangements that he described? Are those arrangements permanent, or does he have some better plans for the future?

[Lord Astor of Hever]

My Lords, we have a robust range of measures for detecting and shadowing non-NATO vessels that may seek to enter our territorial waters without authority. We continue to develop new detection capabilities to maintain our operational advantage. SDSR 2015 will allow us to review the full spectrum of submarine detection capability, including maritime patrol aircraft. Meanwhile, RAF air crew are flying in allied MPA to retain the skills to regenerate the capability, should we decide to do so.

Armed Forces: Aircraft Carrier

Debate between Lord Trefgarne and Lord Astor of Hever

Thursday 29th January 2015 Lords Chamber

[Lord Astor of Hever]

My Lords, this is a fantastic aircraft. British pilots who fly it tell me it is a real step change in capability. The F35 fleet has now flown some 20,000 hours and successfully completed two sets of sea trials off the USS “Wasp”. The F35 is the world’s largest single defence programme, and the UK is playing a leading role as the only non-US level 1 partner, resulting in significant contracts and jobs for UK industry.

[Lord Trefgarne (Con)]

My Lords, is it not intended that the United States Marine Corps will purchase and operate the same aircraft as us? Will its aircraft be operating from our carriers?

[Lord Astor of Hever]

My Lords, British F35B aircraft and pilots will be the first to operate from our carriers. UK pilots, engineers and deck handlers are currently operating from US Navy carriers, developing and maintaining skill sets to regenerate our carrier strike capability, working, as my noble friend said, with the US Marine Corps. We continue to identify opportunities to develop interoperability and synergy with our allies, including potential options to operate US Marine Corps aircraft from our carriers.

Defence: Type 26 Frigates

Debate between Lord Trefgarne and Lord Astor of Hever

Monday 26th January 2015 Lords Chamber

[Lord Astor of Hever]

My Lords, it will be for the 2015 SDSR to consider how best to deliver the capability that the Royal Navy requires in the long term, but to ensure that the Navy gets the number of Type 26s and the capability that it requires we must be certain that we have a mature design and build programme before committing to an initial order size. I can assure the noble Lord that we expect to make decisions on some of the longer-lead items shortly.

[Lord Trefgarne (Con)]

My Lords, would it not be a good idea for some of these frigates to be built other than in Scotland, in view of the uncertainties surrounding that place?

[Lord Astor of Hever]

My Lords, the Type 26 will be built by BAE Systems on the Clyde. Complex UK warships are built only in UK shipyards and we have no plans to change this. Although the contract has not been awarded, we have been clear that from 2015 the Clyde will be the UK’s only shipyard that builds complex warships.

Al-Sweady Inquiry Report

Debate between Lord Trefgarne and Lord Astor of Hever

Wednesday 17th December 2014 Lords Chamber

[Lord Astor of Hever]

My Lords, I agree with the noble Lord and I pay tribute to all those service men and women who served in Iraq. I know that the noble Lord had a very distinguished service out there. Lessons have been learnt. Ministers are very concerned about the situation; we have discussed it at great length. I assure the noble Lord that lessons have been learnt. We do not want ever to have another inquiry like this. I make no criticism of the previous Government for calling this inquiry. There were very good reasons for doing it. However, we need to talk to the legal industry to see whether there is some way of avoiding going down this road ever again.

[Lord Trefgarne (Con)]

My Lords, it is clear that the action of the lawyers, which has been commented on by several noble Lords, greatly contributed to the huge cost of this exercise. Can my noble friend say whether there is any possibility of reclaiming some of those costs, possibly from the firms of lawyers concerned?

[Lord Astor of Hever]

I agree entirely with my noble friend. There is no provision for the sponsoring department to recover costs incurred during a public inquiry. However, in light of the inquiry’s findings and the claimant’s disclosure failure, I assure my noble friend that we intend to appeal a costs order in the stayed judicial review, with a view to recovering some of the costs of that litigation.

Afghanistan: Interpreters

Debate between Lord Trefgarne and Lord Astor of Hever

Tuesday 2nd December 2014 Lords Chamber

[Lord Astor of Hever]

My Lords, on continuing safety, we have an enduring commitment to ensure the safety of our Afghan staff. Anyone who feels in any danger will contact our staff. On who is responsible, it is the same team in Kabul which was previously responsible for delivering our intimidation policy.

[Lord Trefgarne (Con)]

My Lords—

--- Later in debate ---

[Lord Astor of Hever]

My Lords, I think that we have got a good news story here. We have engaged with media outlets and briefed individuals on the progress of our two LES schemes. Our focus remains the swift implementation of the generous offers under the ex gratia scheme and the thorough investigation of claims of and effective support for locally engaged staff who believe that their safety is threatened.

[Lord Trefgarne]

My Lords, what support will be provided to these people when they come to the United Kingdom?

[Lord Astor of Hever]

My Lords, we take care to welcome staff and their families and ease their arrival and integration into this country. Before they leave, we give staff an information pack on living in the UK and offer a question-and-answer session. On arrival, local authorities provide them with support for the first four months. They help them settle into their new neighbourhood and access the benefits and services to which they are entitled, including schools and healthcare.

Armed Forces: Biofuels

Debate between Lord Trefgarne and Lord Astor of Hever

Monday 31st March 2014 Lords Chamber

[Lord Astor of Hever]

My Lords, we are aware that the United States and the other countries mentioned by the noble Lord are experimenting with biofuels in their naval vessels and aircraft. The results of the performance of the fuels are being shared through equipment manufacturers and international forums such as the Air and Space Interoperability Council. The defence equipment and support fuel team regularly engages with manufacturers to understand the most recent research and how this might apply to the MoD’s fuel requirements in the future. Biofuels, however, are not the only answer, and the MoD will use the most appropriate solution available to reduce fossil fuel consumption, whether that is through using alternative technology or equipment, reducing activity levels, using alternative fuels or interoperability with our allies.

[Lord Trefgarne (Con)]

My Lords, is there not more than one respectable view as to the desirability of biofuels, given the extensive agricultural facilities required to produce them?

[Lord Astor of Hever]

My Lords, I am aware of the concerns about biofuels competing with food production but, as I said in my opening response, the MoD uses biofuels for road transport where EU regulations oblige fuel manufacturers to include them, and only for that.

Flooding: Military Deployment

Debate between Lord Trefgarne and Lord Astor of Hever

Monday 24th March 2014 Lords Chamber

[Lord Astor of Hever]

My Lords, as I said in my initial Answer, we are looking at this whole process to see how to improve it in future. This is one area that we will certainly look at closely.

[Lord Trefgarne (Con)]

Can my noble friend confirm that the deployment to which the Question and his Answer relate had no effect on routine operations?

[Lord Astor of Hever]

My Lords, the personnel allocated to assist with flooding were selected in such a way that their participation would have no impact on military units’ preparedness for future operations. That includes contingency operations should assistance be requested in the event of future flooding or other severe weather.

Defence: Nuclear Submarines

Debate between Lord Trefgarne and Lord Astor of Hever

Thursday 6th March 2014 Lords Chamber

[Lord Astor of Hever]

My Lords, that is a lot to absorb but I agree very much with what the noble Lord said. As a former First Sea Lord, he was well aware of the success of CASD. He said that these are very sophisticated bits of kit. I understand that nuclear-powered submarines are the most sophisticated kit that humans have ever made. I assure him that safety is always uppermost in our minds even if it is expensive. He also mentioned the Scottish issue. Since 1963, the Ministry of Defence has operated more than 80 nuclear reactor cores without accident. As he said, nuclear-powered submarines remain the best way to deliver our nuclear deterrent. We should not allow a vested interest to derail the defence of our nation by manipulating today’s decision. The nuclear deterrent remains the ultimate guarantor of our nation’s security.

The noble Lord, Lord West, also asked about four boats. That decision will be made in 2016. I assure him that there is no delay in the programme.

[Lord Trefgarne (Con)]

My Lords, I add my sadness to that expressed by other noble Lords as to the death of the British soldier in Afghanistan. I should like to ask the Minister about the design authority with regard to the nuclear reactor in all our submarines. Who holds that design authority? Presumably, that company was also responsible for the manufacture of the prototype. Will it be continuously involved in the work that my noble friend has described?

[Lord Astor of Hever]

My noble friend has asked a very good question. Rolls-Royce is the MoD’s technical authority for the design of reactors and the manufacture of the cores. It has delivered reactor cores for UK submarines for more than 50 years. We are confident that it will deliver the cores we require in the future. There is no effect on jobs at the Rolls-Royce facility in Derby.

Scottish Independence: Faslane

Debate between Lord Trefgarne and Lord Astor of Hever

Monday 3rd March 2014 Lords Chamber

[Lord Astor of Hever]

My Lords, even if I did know that I could not possibly tell him about it.

[Lord Trefgarne (Con)]

My Lords, is there not a major defence manufacturing activity in Scotland, much of which may well be lost if Scotland chooses to become independent?

[Lord Astor of Hever]

My noble friend makes a very good point. The Ministry of Defence spent more than £20 billion with UK industry in 2011-12, with a £160 billion, 10-year equipment programme. Companies based in an independent Scotland would no longer be eligible for contracts that the UK chose to place domestically for national security reasons. Where they could continue to compete, they would be pitching for business in an international market dominated by major economic powers.

Armed Forces: Territorial Army

Debate between Lord Trefgarne and Lord Astor of Hever

Monday 18th November 2013 Lords Chamber

[Lord Trefgarne]

To ask Her Majesty’s Government how many personnel have left the Territorial Army in the last 12 months; and how many recruits have been enlisted over the same period.

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

My Lords, first, I am sure the whole House will wish to join me in offering sincere condolences to the family and friends of Warrant Officer Class 2 Ian Fisher of 3rd Battalion The Mercian Regiment, who was killed on operations in Afghanistan recently. My thoughts are also with the wounded and I pay tribute to the courage and fortitude with which they face their rehabilitation.

Independent figures published last week show that 4,880 personnel left and 3,250 joined the Army Reserves in the 12 months to 30 September. These pre-date the recruitment campaign that started in September to grow the Army Reserve from a trained strength of 19,000 to 30,000 by 2018, with improved training and equipment. There are IT teething problems, which we are addressing as well as undertaking aggressive action continuously to improve the recruiting process.

[Lord Trefgarne (Con)]

My Lords, I endorse the opening words of my noble friend and add my support to them. With regard to the Question, given the future importance of Reserve Forces in the British line of battle, will he ensure that all vigour is applied to the recruiting campaign and that, in particular, the new terms of service for Reserve Forces are not so onerous as to put people off?

[Lord Astor of Hever]

My Lords, I am very grateful to my noble friend for his support. We are making the offer more attractive to both reservists and employers and encouraging ex-regular personnel to join. This is supported by significant additional investment—£1.8 billion over 10 years across training, equipment, paid leave, pensions, and welfare and occupational health support. The Army has already run one Army Reserve recruiting campaign, which resulted in a great many expressions of interest, and is currently running another with up to 900 soldiers conducting outreach activity at local and regional level.

Ministry of Defence: Dogs

Debate between Lord Trefgarne and Lord Astor of Hever

Monday 14th October 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, I am sorry to disappoint the noble Lord but this Question is specifically on dogs. He can table a Question on the issue that he has raised at some other point.

[Lord Trefgarne (Con)]

My Lords, is my noble friend aware that I have had the privilege of owning two dogs that were retired from military service, which of course I purchased from the Ministry of Defence, and that both were beautifully looked after and were quite excellent?

[Lord Astor of Hever]

My Lords, I am really pleased to hear what my noble friend says. There is great interest in this issue, particularly in the different types of military working dogs. I have asked my department to put in the Library a list of all the different types of specialist and protection dogs, as well as the reasons why a small number of working dogs were killed during the past three years—I think that it was two this year, one the year before and one the year before that—along with information on the number of dogs that were put to sleep and the reasons for that.

Armed Forces (Retrial for Serious Offences) Order 2013

Debate between Lord Trefgarne and Lord Astor of Hever

Monday 8th July 2013 Grand Committee

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

My Lords, there are two instruments for consideration today, the Armed Forces (Retrial for Serious Offences) Order 2013 and the Armed Forces (Court Martial) (Amendment) Rules 2013. I shall say a few words on each, starting with the former. For your Lordships’ convenience, I shall refer to it as the retrial order.

This instrument enables persons acquitted of certain very serious offences by a service court—for example, the court martial—to be retried in the service justice system. This may happen only if new and compelling evidence comes to light in relation to those offences and if it is in the interests of justice for a retrial to take place. These are high hurdles to clear.

Our purpose in making this order is to follow the same path as Part 10 of the Criminal Justice Act 2003, which reformed the law relating to double jeopardy. Before the 2003 Act, a person who had been acquitted of an offence could not be retried. The 2003 Act changed the law to permit retrials in respect of a number of very serious offences where new and compelling evidence has come to light, but separate provision is required to apply this to our service justice arrangements.

We are now filling that gap. I do not want to give the impression that this measure is driven by specific concerns about members of the Armed Forces who are evading justice because they cannot currently be retried. It is intended simply to bring the two systems of justice into line on this matter, extending the same principles from one to the other; nor would I want to give the impression that we are doing this now for any reason other than we want to have the legislation ready.

The Armed Forces (Retrial for Serious Offences) Order makes provision for the retrial of persons previously acquitted in the service justice system of a “qualifying” offence. Qualifying offences are set out in Schedule 1 to the order. They include a very limited number of criminal offences—such as murder, manslaughter and rape—and, because this legislation is for the services, a small number of disciplinary offences, such as assisting the enemy.

The order sets out the arrangements governing the investigation, charging and application for a retrial of an acquitted person for a qualifying offence. Retrial is a complex matter and there are, as I said, high hurdles to get over first. In broad terms, the order will enable the service police to reinvestigate the commission of a qualifying offence by a person previously acquitted of the offence. Investigative measures may, in most cases, occur only if the Director of Service Prosecutions consents; and he may only give his consent if he is satisfied that it is in the public interest to proceed with an investigation and that there is either some new evidence that warrants an investigation or some evidence would come to light if the investigation takes place.

However, there is a power for service police to take investigative steps without the consent of the Director of Service Prosecutions if it is necessary to do so to prevent the investigation being prejudiced. Additionally, a person previously acquitted of a qualifying offence may be arrested only if a judge advocate has issued a warrant for their arrest. Where a person has been charged with a qualifying offence, and if the Director of Service Prosecution consents, a prosecuting officer may apply to the Court Martial Appeal Court for an order to retry the person. Where such an application is made, the court must make the order applied for if it is satisfied both that there is new and compelling evidence against the acquitted person and that it is in the interests of justice to do so. As the Committee will recognise, therefore, a strong set of safeguards has been built into the new procedures.

It is important to clarify the position of those who have left the Armed Forces. In most cases, there are strict limits in place that prevent former service personnel being charged with a service offence when they have been out of the Armed Forces for more than six months. However, this time limit can be waived if the Attorney-General consents. The time limit applies in relation to all former service personnel who are suspected of committing a service offence and not just to those who might face retrial. These provisions also apply to civilians subject to service discipline.

The order also makes provision for the production of evidence and attendance of witnesses at the hearing. It creates a right of appeal to the Supreme Court. There is provision for the Court Martial Appeal Court to make an order restricting the publication of material which might otherwise prejudice the administration of justice and, furthermore, it makes it an offence for a person or an organisation to breach an order prohibiting publication. It provides for the period of time in which certain arrangements for the retrial must be made and for the holding in custody, and release from custody, of a person, previously acquitted, who is charged with a qualifying offence. There are also a small number of supplementary provisions relating to the rules governing the service of documents and the exercise of functions of the Director of Service Prosecutions and the Court Martial Appeal Court.

I now turn to the second order, the Armed Forces (Court Martial) (Amendment) Rules 2013. The court martial was established by the Armed Forces Act 2006 as a standing permanent court that replaced the system of ad hoc courts martial that were convened by the services. The court martial may sit anywhere, within or outside the United Kingdom. It comprises a civilian judge, known as the judge advocate, and lay members—sometimes referred to as the board members—who are usually officers or warrant officers. Its rules of procedure are set out in the Armed Forces (Court Martial) Rules 2009. I shall call these the 2009 rules. These broadly follow those that apply in the civilian system, but reflect the different make-up of the court martial. The main purpose of the second instrument before us today is to amend these rules, specifically Rule 29, to reduce, in certain circumstances, the number of lay members that sit on the panel of the court martial.

The court martial rules—in fact, the rules of all service courts—are kept under review by the Service Courts Rules Review Committee. This is a non-statutory body under the chairmanship of the Judge Advocate-General. Currently, Rule 29 of the 2009 rules provides that where court martial proceedings relate to a more serious offence, there shall be at least five lay members. The Service Courts Rules Review Committee considers that in cases where a defendant or co-defendants all enter a guilty plea before the trial begins, it is not necessary to have five lay members. It has therefore recommended an amendment to Rule 29 that reduces the minimum number of lay members required to sit in the court martial in these circumstances from five to three. The aim of this is to reduce delay and the cost of proceedings in the court martial, but it is not cutting corners. It is a sensible adaptation of the system to a particular set of circumstances.

The instrument does two further things. It prescribes a procedure for the court martial to certify to a civilian court, which has the power to commit for contempt, the failure of a person to comply with an order of a judge advocate to produce material to a service policeman or to give a service policeman access to it. It also removes a piece of legislation made obsolete by changes made in the Armed Forces Act 2011.

The Armed Forces Act 2006 gave Her Majesty’s Armed Forces a service justice system that provides consistent and fair access to justice for all, whether they are in Aldershot or Afghanistan. We have faith in this system and, more importantly, our Armed Forces have faith in it. However, we continually look for ways to enhance our processes and to keep the service justice system in line with its civilian counterpart. The orders that we are considering today contribute to that effort.

Finally, I will say a few words about ECHR issues. It is the custom for Ministers commending instruments subject to the affirmative procedure to say whether they are satisfied that the legislation is compatible with the rights provided by the European Convention on Human Rights. I am happy to inform the Committee that I believe that the instruments we are considering today are indeed compatible with the convention rights.

[Lord Trefgarne]

My Lords, I am of course grateful to my noble friend for what he said but will make just a few remarks about the Armed Forces (Retrial for Serious Offences) Order. We need to be careful that we do not surround the activities of our Armed Forces, in particular our Special Forces, with such a panoply of legislation that they will have difficulty discharging their duties in the manner that we would wish. Of course the Armed Forces cannot be exempt from the law, but if they are at risk—or fear that they are at risk—of too zealous an application of the relevant legislation, there may be difficulties of a wider kind.

I apologise for going back so far, but some of your Lordships may recall an incident in Gibraltar in 1988 when Special Forces were involved in an operation against IRA suspects. At the time, there was much initial discussion, although it did not go on for ever, as to whether they had complied with the law or not. It was a very finely balanced judgment and a question of whether they had complied with the rules of engagement, as they are called, laid down by Ministers in respect of the use of firearms in circumstances such as then prevailed. I was much involved in the discussion; indeed, there was a very important debate in your Lordships’ House at that time, to which I replied. It was established that they had indeed complied with the required legal provisions and therefore that no question of any offence arose. However, there was a coroner’s examination of the matter in Gibraltar. The outcome of that was not initially certain but eventually it was clear.

It is important that in general terms we do not surround our Armed Forces, and particularly our Special Forces, with such a panoply of rules and regulations that when the time comes for them to do maybe some pretty dreadful—but nonetheless necessary —things, they are inhibited by a possible fear of vexatious prosecution or perhaps a second prosecution, as provided for by this order. I need to be careful, as there is a particular case before the courts at present which must take its course. However, I hope my noble friend can assure me that nothing in this order will create a situation where the activities of our Armed Forces, including our Special Forces, are placed at risk or in greater difficulty.

Reserve Forces

Debate between Lord Trefgarne and Lord Astor of Hever

Wednesday 3rd July 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, I can give the noble and gallant Lord that assurance. We take the cadets very seriously. In the few cases where a unit closes, mostly the cadets will remain in the building but on a very few occasions they will be moved very nearby. I have been a patron of sea cadets and I have first-hand knowledge of the important work that they do.

[Lord Trefgarne]

My Lords, can my noble friend say a little more about the integration of the newly enhanced Reserve Forces with the Regular Forces, which will be crucial to the effective transfer to which he referred?

[Lord Astor of Hever]

My Lords, my noble friend is absolutely right. Army Reserve units will be paired with regular units in peacetime for training and force generation, enabling combined training and helping to build links with the local community, including employers, to aid recruitment and resettlement of service leavers. Reserve units in all three services may be integrated with regular units for mission rehearsals and for operations. We will ensure that our use of reserves is as predictable as possible to help reservists, their families and particularly employers to plan ahead. Specific levels of attendance will become a compulsory part of the proposition and the majority of reservists can expect a maximum of 12-months mobilised service in a five-year period. Whether it is needed will obviously depend on operational requirement.

Armed Forces: Reserve Forces

Debate between Lord Trefgarne and Lord Astor of Hever

Wednesday 19th June 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, as my noble friend knows, the Government place great value on the contribution of Gurkhas, both past and present. Gurkhas already serve in the TA and ex-Gurkhas living in the UK can apply to join the reserves. The recent launch of the TA Live campaign encourages ex-regulars, including Gurkhas, to join. While we are not minded to have an exclusive ex-Gurkha reserve unit, the Brigade of Gurkhas is working with recruiters proactively to recruit ex-Gurkhas into the reserves.

[Lord Trefgarne]

My Lords, in addition to ensuring that our Reserve Forces are sufficiently numerous, is it not also important that they are properly equipped and do not just have to make do with hand-me-downs from the Regular Forces? Can the Minister give that assurance?

[Lord Astor of Hever]

My Lords, yes, I can. This is central to achieving a fully integrated force. Reserves will train and develop a competence on the weapon and vehicle platforms common to their roles. Some of the most modern equipment currently in use—for example, the amphibious bridging—will only be used by the reserves.

Armed Forces: Reserve Forces

Debate between Lord Trefgarne and Lord Astor of Hever

Monday 11th March 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, we acknowledge that this is the start of a challenging programme to reshape our Armed Forces. We inherited Reserve Forces that were in decline and not being used in the most cost-effective way. What we are setting out to do is sensible and achievable, and the planned strengths are well within historic levels. However, we are not complacent, and we are already running a major recruiting campaign for the TA. This has already resulted in over 6,650 inquiries since it started on 17 January. The Government are fully committed to delivering Reserve Forces that are integral to and integrated with the Regular Forces, and we are investing an additional £1.8 billion over the next 10 years.

[Lord Trefgarne]

My Lords, is my noble friend aware, in his reference to the historic situation with Reserve Forces, that I stood at that Dispatch Box and announced the increase in the Territorial Army, not to 31,000 but to 83,000, and that I announced the formation of 607 City of York Squadron, Royal Auxiliary Air Force, to be deployed in support of 2nd Infantry Division, then commanded by Major-General Peter Inge, now of course the noble and gallant Lord, Lord Inge? Is he also aware that I stood at that Dispatch Box and announced the purchase of 11 River class minesweepers, exclusively for the Royal Naval Reserve, assisted on that occasion by the then Commander Alan West, now of course Admiral Lord West, the noble Lord, Lord West?

[Lord Astor of Hever]

My Lords, I remember well when my noble friend was a very distinguished Minister standing at this Dispatch Box, and I believe I lobbed the odd question at him. My noble friend mentioned the figure of 83,000. That is why we are very optimistic that we can get up to a figure of 30,000 by 2018.

Armed Forces: Medical Services

Debate between Lord Trefgarne and Lord Astor of Hever

Monday 10th December 2012 Lords Chamber

[Lord Trefgarne]

To ask Her Majesty’s Government what are the respective numerical strengths of the medical services of the Royal Navy, Army and the Royal Air Force, and what proportion of those personnel are reservists.

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

My Lords, I am sure the whole House will wish to join me in offering sincere condolences to the family and friends of Captain Walter Barrie, 1st Battalion The Royal Regiment of Scotland, who was killed on operations in Afghanistan recently. My thoughts are also with the wounded, and I pay tribute to the courage and fortitude in which they face their rehabilitation.

On the Question, in April this year the numerical strength of the naval medical service was 1,650, of whom 60—just under 4%—were reservists. The strength of the army medical service was 8,040, of which 2,840—35%—were reservists, and the strength of the Royal Air Force medical service was 2,120, of which 190—9%—were reservists. Members of all three medical services, regular and reserve, are making extraordinary contributions to our medical capability in Afghanistan, and I pay tribute to them.

[Lord Trefgarne]

My Lords, I am grateful to my noble friend for that helpful reply. If it is the policy—which I believe it is, and I support it—to increase the use of reservists in the medical services of our three Armed Forces, it is important that we have a good supply of experienced and trained medical personnel, particularly from the National Health Service. Is the Minister satisfied that the National Health Service, which itself is pressed in many areas, will be able to supply the number of personnel that will be required in future years, and that no unnecessary restrictions will be placed in their way?

[Lord Astor of Hever]

My Lords, I agree with my noble friend that we will need a good supply of reservists in future. NHS employees are free to join the reserves without any interference from their employer. If they come from a trust that does not have reserve-friendly HR policies—and these trusts are very rare—they can still join the reserves, but in the worst case they may have to take leave to train. We recognise, as did the previous Government, that my noble friend highlights a serious problem. The issue is being addressed by the reserves consultation document. We are consulting as widely as possible to ensure that we have the right relationship with employers and reservists to sustain these changes in future. We need to understand what difficulties employers face in releasing their staff and to do our best to mitigate them.

Armed Forces: Military Corrective Training Centre

Debate between Lord Trefgarne and Lord Astor of Hever

Wednesday 25th July 2012 Lords Chamber

[Lord Trefgarne]

To ask Her Majesty’s Government what is the present number of inmates in the Military Corrective Training Centre; and what is the average percentage of inmates who are successfully returned to their units on completion of sentence.

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

My Lords, as at 24 July there were 101 detainees at the Military Corrective Training Centre, Colchester. On average, over the past five years 56 per cent have returned to their unit to continue serving on completion of their sentence. This demonstrates that the centre is very effective and enables the Armed Forces to capitalise on the training, investment and operational experience of those individuals being retained, which otherwise might be lost.

[Lord Trefgarne]

My Lords, I am most grateful to my noble friend for that very reassuring reply. Are there not some lessons to be learnt in this regard, maybe in the civil sector, but particularly by the young offender centres whose performance in this area is sometimes deplorable?

Defence Equipment and Support

Debate between Lord Trefgarne and Lord Astor of Hever

Tuesday 17th July 2012 Lords Chamber

[Lord Astor of Hever]

I can assure the noble and gallant Lord, Lord Craig of Radley, that Bernard Gray, who wrote the report, is now working for the MoD—poacher turned gamekeeper. I am confident that he has extracted a lot of the assurances that he was after.

[Lord Trefgarne]

My Lords, can my noble friend confirm that the input of the chiefs of staff into the initiation of the defence procurement process—namely the preparation of staff targets and staff requirements—will remain untouched after the changes that he proposes?

[Lord Astor of Hever]

My Lords, I cannot give my noble friend that assurance, but I am pretty certain that the Chiefs of Staff will have had strong reassurances on that issue.

Defence Budget

Debate between Lord Trefgarne and Lord Astor of Hever

Monday 14th May 2012 Lords Chamber

[Lord Astor of Hever]

My Lords, I am happy to pay tribute to the noble Lord and the Opposition for many of the defence procurement decisions that were taken. I think that he would agree that we were left with a big black hole and a whole host of problems that had to be sorted out. That is why I am here today.

[Lord Trefgarne]

My Lords, my noble friend has announced the planned future size of the regular forces—the Army, Navy and Air Force. Will he give parallel figures for the Reserve Forces—the Territorial Army, the Royal Naval Reserve and the Royal Auxiliary Air Force?

[Lord Astor of Hever]

My Lords, I cannot give my noble friend those figures today, but I will be able to do so very soon.

Armed Forces : Legal Representation

Debate between Lord Trefgarne and Lord Astor of Hever

Wednesday 25th January 2012 Lords Chamber

[Lord Trefgarne]

To ask Her Majesty’s Government whether they propose to pay the legal costs of the Territorial Army soldier who has been interviewed under caution in relation to an incident in Afghanistan in the summer of 2010.

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

My Lords, it would be inappropriate for me to comment on a case currently being considered by the independent Director of Service Prosecutions, but legal aid is available for all personnel, including reservists, who are subject to service law or service discipline at the time of an alleged offence, through the Armed Forces Criminal Legal Aid Authority. The scheme is based on the same principles as civilian criminal legal aid in England and Wales and is designed to mirror it, while making necessary adjustments for service life.

[Lord Trefgarne]

My Lords, I readily accept that it would be quite wrong to comment on any particular case that may or may not come before the courts, but is it not right that the Ministry of Defence—as, in effect, the employer of soldiers, sailors and airmen—should cover their proper legal costs when the need arises, and not leave them to the vagaries of the legal aid system?

[Lord Astor of Hever]

My Lords, as my noble friend said, I will not be able to respond to specific questions on this case; the department must protect the personal data of our employees, and I do not wish to prejudice any possible future disciplinary or administrative action. However, I can say that the MoD will pay for the defence of an individual charged with an offence that is committed in the course of their duties and while acting in accordance with any applicable regulations or direction. However, where someone may have fallen short of the high standards we expect of our personnel, it must be investigated and, if appropriate, proceed to trial. In this situation, legal aid funding will provide representation according to the charge and the defence case, engaging counsel if and when appropriate. All legal representatives used by the Armed Forces Criminal Legal Aid Authority are civilian solicitors or barristers registered with the Law Society or the Bar Council. By funding appropriate legal representation, we are confident that the Armed Forces legal aid scheme well serves individuals subject to the service justice system.

Nuclear Deterrent

Debate between Lord Trefgarne and Lord Astor of Hever

Wednesday 18th May 2011 Lords Chamber

[Lord Astor of Hever]

My Lords, I agree entirely with the noble and gallant Lord. The Statement paid tribute to the sailors on submarines who are very often away from home for very long periods, and also to their families. I agree entirely with that.

[Lord Trefgarne]

My Lords, I had the privilege of serving in the Ministry of Defence for six years towards the end of the 1980s when the Polaris system was coming towards the end of its time. I think I must have been responsible for a great many of the second-order decisions relating to the start of the Trident programme. I was therefore pretty fully briefed on those issues at the time. That was, of course, a great many years ago. I must confess to having listened to the Statement made by my noble friend with some considerable concern. I have to be honest: my view is a lot nearer that of the noble Lord, Lord Gilbert, and other noble Lords who have spoken this afternoon. Will my noble friend now please answer one of the questions put by the noble Lord, Lord Gilbert, about how many other nuclear nations are reducing their warhead stock as we have announced today? In my day, the watchwords for disarmament were “balanced” and “verifiable”. Do those words still apply?

[Lord Astor of Hever]

My Lords, this is being negotiated, as I understand it. Certainly the United States and Russia have reduced their number of warheads. As I said earlier, this is an area that we constantly want to improve, and we will do all we can.