Armed Forces Act 2006 (Continuation) Order 2023

Lord Tunnicliffe Excerpts

Thursday 15th June 2023 Grand Committee

Obviously, we have a formality to do. This statutory instrument is essential, and I am very happy to say that we support the continuation of the Armed Forces Act 2006. We look forward to rubber-stamping it in the main Chamber when it is agreed that the Grand Committee has indeed considered this statutory instrument, even if I think that there will not be too many questions detaining the Minister.

[Lord Tunnicliffe (Lab)]

I wish I had taken the trouble to count the number of times I have done this order.

I welcome the opportunity today to speak for the Opposition on this instrument. It is important not because it has any significant policy or legislative impact but because it provides this House with an opportunity to further demonstrate its support for our Armed Forces by providing a continuance to the system of command, discipline and justice to which they operate.

However, it is of course important, because without the continuation of the 2006 Act, in January we would have a military with no legal requirement to follow orders and implement other disciplinary and criminal procedures. This is something that we have repeated annually since the 1689 Bill of Rights, one of the foundational pieces of our constitutional jigsaw. Given the formality of repeating something for hundreds of years, it is important to re-emphasise, as we have rightly done many times recently, the pride we share in our military, which embodies the very best of Britain. This has been demonstrated particularly in response to the Russian invasion of Ukraine, throughout Covid, and continually for a long time before. Those who serve in our Armed Forces spread and share the finest of our values across the globe, putting themselves in harm’s way to guarantee the safety of us, our friends and our families, and they are an essential part of our national defence, resilience, and obligations under NATO to our allies.

That is why it is disappointing that, in the Defence Secretary’s own words, our forces, for which we have so much responsibility, have been “hollowed out and underfunded”. The fact that this instrument is focused on the disciplinary system of the Armed Forces and that it is that which must be renewed annually implicitly makes the point that it is people, whether those in uniform or the civilians who support their work, and not just equipment, weapons, vehicles and ammunition, who make up the bedrock of our Armed Forces.

Yet just a few weeks ago, the very same Defence Secretary who said that the Armed Forces had been hollowed out confirmed that the Government were continuing with their plans to shrink troop numbers to an all-time low, in his words to “shield them from further reductions”. I cannot say that I understand the logic there, but I have heard the views of wise and vastly experienced military leaders who fear the impact of these cuts.

Over the past year and a half especially, our Armed Forces have done a tremendous job. I will even acknowledge the defence leadership shown by the Government since Russia invaded Ukraine. However, I also hope that the Government go away and reflect on these decisions so that, alongside the provisions maintained by this instrument, their capacity to continue operating at such a high level also remains year after year.

[Baroness Goldie (Con)]

My Lords, I thank the noble Baroness, Lady Smith, and the noble Lord, Lord Tunnicliffe, for the brevity of their remarks, as I think the prevailing temperature in the Moses Room is not designed to afford maximum comfort to its occupants. I am very grateful to both noble Lords for their thoughtfulness. I also very much appreciate their tributes to our Armed Forces. As I have said before in the Chamber, a lot of what we say and do in this Parliament resonates far beyond it, including to an audience of our Armed Forces. It is very important for them to know that there is absolute unanimity in Parliament on our regard and respect for them, our desire to do our best for them and our undoubted gratitude to them for the tremendous contribution they make to our country—not just in keeping us safe and the wider obligations we require of them, but in the incredible contribution they have made to civilian life in MACA, which has been prominent in recent times, as your Lordships will be aware.

The noble Baroness, Lady Smith, raised the important issue of recruitment and retention and asked the pertinent question of whether we serve our Armed Forces well. The answer is that we try; we certainly hope that we do, but that is where parliamentary scrutiny and the call for accountability of the Government by opposition parliamentarians is so important. I refer again to the Haythornthwaite review, which was designed to look at the current offer to our people. The offer has many positive financial and non-financial elements—there is no doubt about it—and our Armed Forces acknowledge that, but it needs to be modernised to reflect how we will ask them to operate in future against the changing threats we face, as set out in the integrated review and the integrated operating concept.

We need a modernised offer to allow our Armed Forces to better harness valuable skills, whether that is regular or reserve. We need to improve recruitment and retention and to be consistent with family life and people’s changing expectations of work in the 21st century. The Haythornthwaite review will be a very important contributor to that thought and decision-making process; it will be a signpost as to how we take things forward. As I said earlier, the review has concluded and the report is with the Secretary of State. He will determine the Government’s response in due course, but there will be a desire to place it in the public domain.

Both the noble Baroness and the noble Lord asked, “Do we have enough of them?” The noble Lord referred to the acceptance of having hollowed out, over decades, our land capability in particular. I say in response that, in the combination of the Integrated Review Refresh 2023 and the defence Command Paper refresh—which is very much a live and vibrant document, requiring constant ministerial involvement, and expected to become public in early course—we have the whole question of what we are trying to plan for. What is the threat? Where is it? What is its character and how do we formulate our Armed Forces to be in a position to respond to it? In this challenging day and age, with a maelstrom of activity, the hybrid character of threat and the opportunity for new technology, we will need to make some important decisions about how we marry all that in an intelligible fashion to ensure that we have the capability we need to deal with the hybrid character of the threat as it now exists.

I cannot be drawn much further on the detail of that; suffice it to say that I give your Lordships my assurance that the MoD is very cognisant of the need to be able to demonstrate—not just for the satisfaction of opposition politicians but, very importantly, to potential adversaries—that we have a serious, workable, effective capability.

The noble Baroness asked whether I could give a little more information on the covenant. She is absolutely correct: this arose when we were looking at the Armed Forces Bill in 2021. Helpfully, that Act extended the reach of the covenant to providers of housing, education and health services across the United Kingdom. The question arose of whether it should extend to central government and the devolved Administrations. I say to both the noble Baroness and the noble Lord that we provided an update in The Armed Forces Covenant and Veterans Annual Report 2022 in December last year, outlining the scope and methodology for conducting the review. The Government will report on the results of this review in the 2023 covenant and veterans annual report, when we will provide more information.

I think I have dealt with the specific points raised. I thank noble Lords for their contributions and I commend this instrument to the Committee.