Oral Answers to Questions

Maria Eagle Excerpts
Monday 11th September 2023

(1 year, 2 months ago)

Commons Chamber
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Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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Thank you very much, Mr Speaker.

The Government have wasted £15 billion through the mismanagement of defence procurement, while failing to deliver vital equipment and overseeing the loss of 30,000 highly skilled jobs in the defence and aerospace industry since 2010. Does the Minister accept that preventing another 13 years of Tory failure is key to increasing the number of UK-based jobs in the defence sector, backing British industry and British military resilience?

James Cartlidge Portrait James Cartlidge
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I welcome the right hon. Lady to her new position as my ministerial shadow. We are very proud of our record, because in the past year or so we have been faced with a war on our doorstep in Europe, and procurement has risen to the occasion. Defence Equipment and Support in Abbey Wood has delivered kit to Ukraine in record speed. We have seen the acquisition of equipment such as the Archer on a quick basis, to fit our requirements. I absolutely confirm that we are committed to maximising the number of jobs that come from our procurement, while balancing that with the need to give our armed forces the best possible capability.

Draft Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) (No. 2) Regulations 2022 Draft Armed Forces (Court Martial) (Amendment) Rules 2022

Maria Eagle Excerpts
Monday 21st November 2022

(2 years ago)

General Committees
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Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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On a point of order, Ms Fovargue. One of the papers before us is an impact assessment which, when I look at it, is about the ban on the provision of maritime transportation and associated services for Russian oil, which does not seem to relate to the statutory instruments before us today. In making his opening remarks, can the Minister clarify whether or not there is an impact assessment for those instruments? The instruments themselves say that no full impact assessment has been prepared. It is useful to have somebody else’s impact assessment, but not tremendously helpful to the scrutiny that the Committee is supposed to apply to these instruments.

None Portrait The Chair
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Thank you. I will now call the Minister to move the first motion and speak to both instruments. At the end of the debate, I will put the question on the first motion, then ask the Minister to move the second motion formally.

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Andrew Murrison Portrait Dr Murrison
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On the point of order, the impact assessment we have been provided with is fascinating—indeed, it could be more fascinating than the subject matter of this debate. However, the explanatory notes to the statutory instruments state:

“A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.”

There is no impact assessment, but it is nice to see this particular impact assessment, as it looks very interesting indeed.

There are two statutory instruments for the Committee to consider.

Maria Eagle Portrait Maria Eagle
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The explanatory notes say that

“A full impact assessment has not been prepared for this instrument”,

which suggests that some kind of work has been done on the impact. Is the Minister able to give the Committee a copy of what impact has been assessed—not a full one, but a partial one?

Andrew Murrison Portrait Dr Murrison
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I think this might be a matter of semantics, but I can tell the hon. Lady that no impact assessment has been published or produced. I hope that is satisfactory, and I hope that in my remarks, I will be able to clarify why that is and reassure her that there is no need for such an exercise, if that is of any help.

The first of the SIs we are debating today is to establish the tri-service serious crime unit; the second deals with changes to court martial rules in the service justice system. The first SI makes a minor consequential amendment to regulation 8(1) of the Armed Forces Regulations 2009, which in turn was made under the Armed Forces Act 2006. That change is required to support the establishment of the defence serious crime unit, otherwise known as the DSCU. It does so by ensuring that the new Provost Marshal and service police personnel of that tri-service unit are governed by the same legislation as the existing three single-service Provosts Marshal and single-service police forces.

The instrument amends regulation 8(1) to include any reports prepared by, or provided to, the tri-service crime unit to be provided to a person’s commanding officer when referring that person’s case to the Director of Service Prosecutions. This is not new; it is simply something that has arisen as a consequence of the creation of the defence serious crime unit. Although this is only a minor and consequential amendment, the original set of regulations it amends is subject to the affirmative procedure, meaning that this SI must also follow that procedure.

Andrew Murrison Portrait Dr Murrison
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I saw the Provost Marshal of the defence serious crime unit last week, and the regulations have been worked up by, among others, the Provost Marshal’s service. As I will go on to explain, although I hope it is not controversial, the Armed Forces Act 2021 establishes something quite new and innovative and, as a consequence of the Lyons and Henriques reports, a unit for serious crime. The Provost Marshal, among others, was consulted in the process of drawing up the Armed Forces Act and the regulations that stem from it, which we are debating today. They have not arisen de novo. They are the result of widespread consultation to make sure we get this right. I will come on to this later, but they align what happens in defence more closely with what happens in civilian policing and prosecutorial institutions. I hope that that helps the hon. Gentleman.

I will provide an update on what is happening in the formation of the DSCU if it is of interest to the Committee. A lot of this will not be new to the Committee, but it is worth covering it. Those who were involved in the Armed Forces Act will be familiar with it. Nevertheless, it is important that the Committee is apprised of where we are with the organisation that is about to be stood up.

The Armed Forces Act set out a framework for the establishment of a tri-service serious crime unit for service police and enabled the appointment of a new Provost Marshal. Under the direction of the new Provost Marshal, who was appointed in January and whom I met last week, the MOD has undertaken the necessary prep work for the new tri-service unit to become operational next month. The work has focused on the structure and resourcing of the DSCU and has included the establishment of a defence serious crime command—a strategic command headquarters for the DSCU based at Southwick Park, Fareham, which is home to the Defence School of Policing and Guarding. It has been operational since April.

The defence serious crime command will sit outside the single-service chain of command, ensuring operational independence, giving greater reassurance to victims and building trust in service justice. It will provide strategic direction to the DSCU, allowing the unit to focus on the delivery of serious crime policing. One strategic aim is to improve the capability of defence to deal with the most serious offences. Reservist service police, the majority of whom are civilian police officers, will be better utilised, lending their experience and knowledge, in keeping with a general trend in the use of reservists, which I commend to the Committee, while fessing up that I am myself a reservist.

For staff joining the DSCU, external placements with Home Office police forces will be used, and there will be a continued focus on building single-area specialisms as part of career development. That will be supported by the adoption of civilian policing qualifications in accordance with College of Policing and National Police Chiefs’ Council guidance. I hope right hon. and hon. Members have spotted a theme in benchmarking best practice and ironing out the potential for discrepancies, to which I am committed.

Maria Eagle Portrait Maria Eagle
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It is very welcome news that the unit is about to be stood up next month. Can the Minister give the Committee an idea of what the staffing capacity will be? It is good to have the unit, but it has only a couple of people and has to wait for embedded reservists to be trained up. That might not be as effective as we would wish, so can he give us an idea of its budget and staffing capacity?

Andrew Murrison Portrait Dr Murrison
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The thing will be stood up on 5 December. I confess I have not visited it yet, but I intend to do so very soon. It will have very senior service policemen plus support staff. I cannot give the hon. Lady a figure, but it will be pretty comprehensive. It will include reservists because they are in large part civilian policemen. Although some police choose to join the reserves and become something completely different, the bulk of them continue to serve as police. There is no question of training them up; they are trained already, and the flow of expertise is the other way round, that is to say, from the reservist police to the defence serious crime unit. That comes back to my earlier remark about the need to ensure that we have a level playing field, and that best practice in the service criminal justice sector and the civilian criminal justice sector are broadly speaking the same. I have no reason to suppose that they are not, and Henriques, and before him Lyons and Murphy, suggested that they are.

Nevertheless, it is important that the two sectors operate more or less on the same level, and in particular that some of our service police are exposed to College of Policing disciplines. That is one of the intentions behind the formation of the unit. There will be training— that is ongoing—but I would not want to suggest to the hon. Member for Garston and Halewood that we need to train people specifically for this task. For the most part, they will be doing this already. It is just that we are standing up this separate unit to deal with serious crime. That recommendation stems directly from Lyons, Murphy and Henriques. I hope that that is of some help.

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Andrew Murrison Portrait Dr Murrison
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Yes, I anticipate that this will be dealt with in exactly the same way as for any other constabulary, if that is helpful. I will move on to the second statutory instrument that we are debating, the Armed Forces (Court Martial) (Amendment) Rules 2022, because I am quite sure that they will be of interest to the Committee. The SI consists of the changes to the rules that apply to courts martial that were contained in schedule 1 to the Armed Forces Act 2021, with three of the four changes implementing recommendations from the Lyons review of the service justice system.

The first rule change implements Lyons’s recommendation that a six-member board should be required if the offence is a schedule 2 offence. These are serious offences, such as grievous bodily harm, which must always be referred to service police for investigation rather than being dealt with by a commanding officer, or that carry a maximum penalty of more than two years’ imprisonment. His Honour Shaun Lyons found that there was widespread agreement that the five-member boards, which currently try schedule 2 offences and offences carrying a maximum term of over seven years’ imprisonment, should be increased in size to six and reach qualified majority verdicts, rather than a simple majority verdict in which at least five of the six members have agreed.

His Honour Shaun Lyons also recommended that those boards try schedule 2 offences and offences carrying a maximum of over two rather than seven years’ imprisonment. He recommended that smaller boards, which will continue to consist of three or four members, should try all other cases and deal with sentencing in all cases where the defendants have pleaded guilty, as they do now. We accept this recommendation, which will allow the three-member boards to focus on the great majority of the service disciplinary offences contained in the Armed Forces Act 2006 and the less serious criminal offences that would normally be heard in the magistrates court in a civilian criminal justice system. Six-member boards will deal with the relatively small number of disciplinary offences that carry a sentence of over two years’ imprisonment, such as assisting the enemy or mutiny, as well as criminal conduct that would normally be tried in the Crown Court. We do not anticipate that lowering the threshold for when a six-member board is required—when the offence attracts a punishment of more than two years—will place an untenable resource burden on the single services, since the existing pools of personnel provided for court martial service are sufficient to meet the new requirement. However, we will monitor the situation for the first 12 months after introduction and consider whether any adjustments to the approach outlined might be required.

The second rule change has its background in the pingdemic that occurred during the covid pandemic, which highlighted the concern that three-member boards hearing cases lasting several days can be vulnerable to the unexpected loss of one member of the board. To deal with this, the Armed Forces Act 2021 gave judge advocates the power to add a fourth member to a three-member board.

Maria Eagle Portrait Maria Eagle
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Can the Minister tell the Committee how many cases were delayed as a consequence of the loss of a member of a three-member board?

Andrew Murrison Portrait Dr Murrison
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I cannot, but the judge has discretion to decide whether the court martial board should be stood down or whether it should continue regardless. I will elaborate on that later.

Judge advocates will have wide discretion to appoint an additional member whenever they feel that it is necessary in view of the expected length or location of the proceedings. This approach is closely based on the existing rule, which currently allows up to two additional members to be appointed in cases that are expected to last more than 10 days, or more than five days in the case of trials being heard outside the UK and Germany.

The third rule change implements Shaun Lyons’s recommendation that there must be a mechanism to cope with the death, sickness or other absence of a member occurring during a trial, which would reduce a six-member board to five members. This reflects section 16 of the Juries Act 1974, under which the default position is that a Crown court trial continues despite the loss of up to three jurors, but the judge can instead choose to discharge the jury, which touches on the point that the hon. Lady made in her intervention. The new rule gives judge advocates the power to direct that proceedings with a four or six-member board should continue

“in the interests of justice”

despite the loss of a member, and this direction can be made at any point after all the members have been sworn in.

The final rule change implements the provision in the Armed Forces Act 2021 to allow personnel at other ranks 7, or OR-7, to sit as members of a court martial. These are senior non-commissioned officers at chief petty officer, staff or colour sergeant, and flight sergeant or chief technician level. This was another recommendation made by Shaun Lyons. Currently, only officers and warrant officers can be members of a court martial, and, unlike a jury in a Crown court, the members assist the judge advocate in sentencing. Sentencing within the service justice system has a number of purposes, not least punishment, deterrence and the maintenance of discipline. OR-7 ranks have the experience and understanding of command and rank, and they are well placed to be involved in the sentencing exercise, which is something in which civilian jurors do not participate.

Maria Eagle Portrait Maria Eagle
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I am extremely grateful to the Minister for giving way; he is being very generous. He is referring to the SI implementing a number of recommendations of the Lyons review. My memory of it is that it made a recommendation to move the prosecution of serious crimes committed in the UK, such as murder, manslaughter and rape, from the military courts to the civilian courts, but the SI is not doing that. I think the Government rejected that recommendation. Will the Minister tell us why that was and whether anything has changed in the interim?

Andrew Murrison Portrait Dr Murrison
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I think we had this conversation on 31 October during the urgent question. The Government take the view that service justice is best discharged using the current arrangements, and Henriques appeared to be comfortable with that. Although I suspect that the hon. Lady will not like the answer, it is felt that the status quo is probably acceptable at the moment, and Henriques has certainly opined favourably on the quality of justice dispensed by the current mechanism. As we discussed on 31 October, there are no current plans to change that, but as with everything, matters are kept under review.

We need to ensure that the quality of justice being dispensed using the parallel justice system is commensurate with, and equal in quality to, that which is dispensed in the wider civilian criminal justice system. From my remarks today, I hope it is clear that my view is that we should ensure that, wherever we can, we have systems with a great deal of overlap—that is to say that one can check off against the other—to assure ourselves that what is being done in one system is not radically different from what is being done in the other, and that the quality of justice dispensed is not different.

I will continue talking about the rationale for extending eligibility for board membership to OR-7s. Doing so will mean that the single services have a wider pool of experienced personnel to draw on, and we will support the new rule to increase the representation of women on court martial boards, which was debated in Committee on 26 October. It may also reduce the burden on officers required on boards where the defendant is of an other rank. The existing rule about all members being senior to the defendant is unchanged, meaning that OR-7 personnel will only be able to serve on boards hearing cases where the defendant is of the same, or a lower, rank.

To sum up, three of these four rule changes were recommended to the Department by Shaun Lyons, a highly respected retired senior Crown court judge. The other rule change reflects a sensible business continuity measure for three-member boards—that is, the additional member to cover the unexpected loss of one of them.

Fleet Solid Support Ships

Maria Eagle Excerpts
Friday 18th November 2022

(2 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Alex Chalk Portrait Alex Chalk
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Brilliantly put; my hon. Friend is absolutely right. It spreads the jobs and spreads the know-how but sustains our capability. One of the exciting things that I have discovered since starting this job is that not only is there a pipeline of warship orders, but the overall strength of our sector is on the up. This contract brings additional jobs, additional resources and additional prospects to this important British industry.

Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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The Minister must understand the importance of sovereign capability when it comes to defence, so can he confirm what percentage of the supply chain for the fleet solid support ships is expected to be UK-based? Can he tell us whether he has required contractual guarantees on that percentage?

Alex Chalk Portrait Alex Chalk
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The hon. Lady is absolutely right about the importance of ensuring sovereign capability. That is why I am so proud that Scottish yards, and indeed other yards, have full order books of British Royal Navy warships that are to be built to increase sovereign capability. She asks about supplies. What I can tell her is that 800 British jobs are directly supported in the supply chain. That, overall, is good news for British business, British manufacturers and British jobs.

Ukraine: UK and NATO Military Commitment

Maria Eagle Excerpts
Monday 20th June 2022

(2 years, 5 months ago)

Commons Chamber
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Leo Docherty Portrait Leo Docherty
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I do, and that is a cogent analysis of the attendant risks to this: mission creep, some sort of error, and a false-flag operation. That is why throughout this we have based our response in a bilateral manner. We are clearly paying attention to what other NATO allies are doing, but it is a bilateral provision, which is right and proper. At all times, it has been entirely bespoke in response to what the Ukrainians themselves want, and we are particularly well placed to do that because of our long-term involvement and successful training of Ukrainian forces since 2014. That has led to a good basis and foundation of warm personal relationships across our two respective militaries, which has really borne fruit.

Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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Given that, as has already been mentioned, the new head of the Army said that the UK must

“forge an Army capable of fighting alongside our allies and defeating Russia in battle”,

I found the Minister’s response to the Urgent Question a little complacent. Is he absolutely sure that that can be done, while continuing with the planned cuts of 10,000 to the Army? Many of us are not sure about that.

Leo Docherty Portrait Leo Docherty
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I am confident. A significant increase in money is delivering new capabilities to make our people more lethal, more agile, and more mobile. That body of work has been under way over the past couple of years, and was expressed in the Defence Command Paper published in March 2021. This is nothing new; we have been at this for a couple of years, and rightly so.

Armed Forces: Covid-19 Deployment

Maria Eagle Excerpts
Tuesday 10th November 2020

(4 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Jeremy Quin Portrait Jeremy Quin
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I can absolutely give my hon. Friend that assurance. The military have a vast range of tasks, not only here at home but overseas. We have continued to operate throughout this period. Precautions have been put in place, but on key issues such as the continuous at-sea deterrent, the quick reaction alert and our forces overseas, the military have continued to maintain their outputs. Importantly, they have been able to continue to train, so we have the confidence that they will be able to provide those key defence tasks into the future.

Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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I echo the shadow Secretary of State’s thanks for the professionalism of the armed services personnel and the help that my constituents have received. We in Liverpool really do appreciate it.

The mass testing pilot in Liverpool is due to be reviewed after 10 days to two weeks. Does the Minister accept that more time will be needed to meet the objectives of testing everyone? If so, will he ensure that the pilot remains in place in Liverpool until the end of the national lockdown on 2 December, and that some armed forces personnel remain with us after that time to ensure that a smaller number of mass testing centres can remain open to enable us to keep on top of the virus?

Jeremy Quin Portrait Jeremy Quin
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I welcome the points made by the hon. Lady. If I may say so, we are really enjoying working with Liverpool—it is a tremendous team effort and I know that the armed forces are really proud to be part of it. Of course, many of them have been recruited from that area and are really enjoying being able to help their own friends and families and the communities that they know so well.

On the hon. Lady’s specific asks, it is not really for the Ministry of Defence to decide when is the right time for the pilot to come to a conclusion. We are there to provide support and assistance, and if that needs to go on longer, that will definitely be looked at, and I would think it will be looked at very sympathetically, because we want to make certain that there is a successful pilot from which we can take decisions and see whether it can be rolled out more widely. But that is a decision to be taken on the basis of the facts.

Oral Answers to Questions

Maria Eagle Excerpts
Monday 23rd November 2015

(9 years ago)

Commons Chamber
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Philip Dunne Portrait Mr Dunne
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The Ministry of Defence is participating in the working group that was established last month by my right hon. Friend the Minister for the Cabinet Office and Paymaster General. Although steel is clearly a significant and important component in much defence manufacturing, the steel involved in all our current major programmes represented less than 1.5% of the steel manufactured in this country in 2013. Relatively speaking, although defence is important, it is a small contributor to the total steel output of this country.

Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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We are a maritime nation, so I welcome the newspaper reports—we will see whether they are true shortly—that the Prime Minister is to reverse his own decision and procure maritime patrol aircraft that are able, among other things, to defend our submarine fleet. One of the most visible signs of the botched 2010 strategic defence and security review was the photographs of our Nimrods being cut up into pieces, which we all saw in the newspapers at the time. When will the first of the new Boeing P-8s enter service?

Philip Dunne Portrait Mr Dunne
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The hon. Lady may recall that the programme she refers to, which was commissioned by the previous Labour Government, was more than £1 billion over-budget. It was reduced in scale by that Government to nine aircraft—more than half what was originally procured—and the prototype aircraft that was produced had more defects than any previous aircraft in production. We were not sure whether it would ever fly. That was the right decision to take at the time, and now it is the right decision —if the Prime Minister is about to announce it—to have a replacement capability. We will have to hear when that will be available.

Maria Eagle Portrait Maria Eagle
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The UK has been without that vital capability for four years as a result of the 2010 decision—right or wrong—to which the Minister refers. Today we read that Britain had to call on our French and Canadian allies to provide aircraft to search for a Russian submarine off our shores. Can the Minister at least give the House a definite date by which we will again have our own maritime patrol aircraft?

Philip Dunne Portrait Mr Dunne
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I am sorry to have to disappoint the hon. Lady. It is now twenty to 3, so she must be a little more patient and see what the Prime Minister announces in his statement later this afternoon. I am quite sure that she will be in her place to hear it.

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Lord Lancaster of Kimbolton Portrait Mark Lancaster
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The hon. Gentleman will be aware of the £40 million invested in the veterans accommodation fund. I work very closely with a number of charities to ensure that we address this issue. He can see for himself at the Beacon home in Catterick, for example, or the Mike Jackson House in Aldershot, if he wishes to visit, and I would encourage him to do so.

Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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In the past five years, we have seen the pay and pension entitlements of service personnel cut in real terms, 30,000 redundancies and a failure to recruit the number of reserves that the Government planned to fill the gap. Now we read that annual increments and special allowances are also to be cut. Does the Minister accept that treating service personnel so shoddily will impact on morale and can be seen as a breach of the military covenant?

Lord Lancaster of Kimbolton Portrait Mark Lancaster
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I was hoping to avoid these words, but the hon. Lady will have to wait until 3.30 pm. I am confident that the remuneration package will remain an excellent package for our service personnel, but she will just have to wait a few more minutes to find out exactly whether or not to believe all the press reports she reads.

Oral Answers to Questions

Maria Eagle Excerpts
Monday 19th October 2015

(9 years, 1 month ago)

Commons Chamber
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Michael Fallon Portrait Michael Fallon
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ISIL has been butchering our own civilians, killing people of other faiths and throwing gay people off buildings. With respect, I have to say to the hon. Gentleman that I find the idea that it would suddenly cave in to diplomacy in the form of a United Nations resolution a little naive. ISIL has to be defeated in Iraq and in Syria, and the coalition would welcome the precision capability that our Tornado aircraft could bring in Syria, as they have done in Iraq.

Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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When the Secretary of State was asked on “The Andrew Marr Show” at the weekend whether it was still his intention or his hope that RAF jets would be flying over Syrian airspace to tackle the threat of ISIL/Daesh before too long, he said that “the logic is inescapable”. Opposition Members will consider any Government proposal on this with the utmost seriousness, but in view of that reply, will he tell the House whether it is still his intention to ask for parliamentary approval ahead of any such intervention and, if so, when he expects any such vote to take place?

Michael Fallon Portrait Michael Fallon
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I should like to begin by welcoming the shadow Secretary of State to her first Defence questions and by welcoming the team that she has assembled alongside her. I made it clear yesterday, as I have done today, that ISIL has to be defeated in both countries, not least if we are to support the democratic Government of Iraq and help to keep our own country safe. This is a new Parliament and we will continue to work with colleagues across the House to build a consensus that will allow the RAF to operate in north-east Syria and not have to turn back at the border. When we have established that consensus, we will come to the House for the authority to act.

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Lord Lancaster of Kimbolton Portrait The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)
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The recommendations of the “Fighting Fit” report have been delivered by the Government, working in partnership with the NHS and service charity partners such as Combat Stress. I am sure my hon. Friend will be pleased to know that the NHS in England is currently reviewing the services put in place following the report, with a view to ensuring that veterans with mental health problems are provided with the best possible support.

Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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The national security strategy of 2010 identified cyber-attack, including by other states, as one of the four highest priority national security risks facing the UK. Does the Secretary of State agree that that is still the case?

Michael Fallon Portrait Michael Fallon
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Yes, I certainly do. The cyber threat—not simply from other states, but from non-state actors—remains very real. We are investing heavily in this area and the responsibility for the cyber programme is being transferred from the Cabinet Office to my Ministry, to make sure it is properly co-ordinated.

Maria Eagle Portrait Maria Eagle
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That is an interesting answer. The Times has reported:

“A well-placed defence source said that senior military officers were very concerned by the prospect of China building a nuclear power station in Britain.”

The Financial Times reports that our closest allies in other western capitals regard the policy as

“bizarre at best and craven and dangerous at worst”,

and says that China specialists at the Foreign Office are “in despair.” The Ministry of Defence’s own policy adviser, Paul Dorfman, asserts:

“America wouldn’t dream of letting China have such a part in its critical national infrastructure. The idea the UK is prepared to do so is, frankly, astounding.”

Will the Secretary of State therefore explain to the Chancellor and the Prime Minister, while there is still time, that they are putting our national security at risk in doing this deal?

Armed Forces Bill

Maria Eagle Excerpts
Thursday 15th October 2015

(9 years, 1 month ago)

Commons Chamber
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Maria Eagle Portrait Maria Eagle (Garston and Halewood) (Lab)
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I welcome the opportunity to speak in today’s Second Reading debate on the Armed Forces Bill. This is my first opportunity to fulfil my new role in the House as shadow Secretary of State for Defence and I would like to begin by thanking the Secretary of State for the courtesy he has shown me so far in arranging appropriate briefing for me from his Department. I am grateful.

Let me start by offering my sincere condolences to the family and friends of Flight Lieutenant Alan Scott of 33 Squadron RAF and Flight Lieutenant Geraint Roberts of 230 Squadron RAF, who died in Afghanistan on Sunday. From the tributes I have read, both men were highly experienced, respected and valued members of the RAF family. Their deaths serve as a reminder of the commitment and dedication of our armed forces personnel, and of the sacrifices they make. The continuing work of our service personnel in Afghanistan makes a positive contribution to the safety and stability of that nation and beyond. I would also like to express my deepest sympathy and extend my condolences to the family of Megan Park, a young Army recruit who died last month while undertaking training in Pirbright. By undertaking her training, she showed her willingness to put herself in harm’s way for her country. My thoughts are with her family and friends.

The Bill renews the legal basis for retaining our armed forces in peacetime for another five years, while we are fulfilling Parliament’s hard-won right to give consent to the Government for so doing. As parliamentarians, we are fulfilling a key function when we consider whether to consent to this measure. That is one reason why the Bill is important. While our armed forces comprise some of our finest and most dedicated public servants, their actions are not protected or circumscribed by contracts of employment. They owe a duty of allegiance to Her Majesty the Queen, which requires them to obey lawful orders. It is the system of service discipline and justice, therefore, that enables commanding officers to enforce that obligation when necessary. We certainly have an interest in ensuring that the system of military discipline and justice is fit for purpose, up to date and works well. That is the second reason the Bill is so important.

The Secretary of State has set out the main provisions in the Bill. It seems to me that they are largely non-contentious, technical and simplifying provisions, all of which we will seek to probe in Committee to ensure they work as intended and to satisfy ourselves that they are fit for purpose. I welcome the provisions extending the circumstances in which commanding officers can require service personnel and civilians subject to service law to be tested for drugs and alcohol after accidents. We will want to be satisfied that the rationale for extending the provisions to cover the three new situations set out in the Bill is sound and to have a fuller explanation for the differences between the powers being taken and those upon which they are based in the Railways and Transport Safety Act 2003. We will also want to be clear that the new provisions are sufficiently comprehensive to encompass all likely circumstances.

We welcome the intention of the Bill in setting out to simplify how people are charged with offences within the service justice system. No one benefits from unnecessary delay or bureaucracy in the administration of justice, in whatever system such potential problems might arise. On the face of it, it seems entirely sensible to remove the delay that might be caused by the requirement to refer a case to the commanding officer when he is not in practice able to try it. If he must simply refer it to the director of service prosecutions, it seems sensible for that to happen without the reference from the commanding officer, but he must of course know what is going on with the men under his control. It also seems entirely sensible to refer to the DSP cases that are connected. We will want to probe further in Committee how much of the existing caseload is likely to be affected—I think the Secretary of State referred to some figures in his opening remarks—and where any disadvantages are perceived in the provisions as drafted. Similarly, provisions relating to enabling the DSP to charge directly instead of directing a commanding officer to do so seem sensible, but we will wish to have full assurances in Committee.

We will also want to be satisfied on the necessity of applying equivalent provisions to those in the Serious Organised Crime and Police Act 2005 relating to immunity from prosecution, undertakings not to use information as evidence and sentence reductions for offenders who co-operate with investigations and prosecutions. We will start from the assumption, however, that if they are useful in the civilian justice system, they might well be useful in the service justice system as well.

The Bill does not cover how UK disciplinary procedures apply to foreign troops trained by British service personnel on British soil. Following the serious and regrettable incidents last year involving recruits from the Libyan general purpose force undertaking training at Bassingbourn camp, the Government published a summary of a report that looked at the Libyan training programme—the full report has now also been published. In January, following the publication of the summary, the Secretary of State said he had asked officials to consider applying UK service discipline to training foreign troops in the UK. In a recent Adjournment debate, the Minister for the Armed Forces said:

“The report asked whether we could apply UK service discipline to troops training in the UK. This would involve bringing foreign troops into the British military chain of command and require significant amendments to the Armed Forces Act 2006. My Department has assessed the challenges and downsides of making those changes and decided that they would currently outweigh any benefits, particularly as we are keen to provide training in-country. I have therefore not instructed my Department to instigate such changes now, but I will keep the matter under review.”—[Official Report, 10 September 2015; Vol. 599, c. 651.]

It is important that lessons are learned from that very serious incident and that foreign troops who come to the UK to train with our military adhere to the same code of conduct as British troops. It is equally important that disciplinary procedures can be put into effect swiftly in cases where criminal offences are committed. The Minister appears to be saying it is too difficult to do this at present, but I hope she will consider fully whether that is an adequate response. As the House will recall, these matters included very serious crimes of sexual assault and rape. Sexual harassment, sexual assault and rape are among the most serious of criminal offences in both civilian and military spheres, and the service justice system must take such crimes as seriously as does the ordinary criminal law.

From meetings I understand have taken place at ministerial and official level, the Minister will know about the military justice campaign being run by Liberty. It has raised serious issues about the collection of statistics on sexual assault and rape and how the service justice system deals with allegations of these serious offences. We will want to probe in Committee what the current state of play is in respect of ensuring that such offences are treated as seriously within the service justice system as they are outside it.

Bob Stewart Portrait Bob Stewart
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On the argument about people visiting this country being subject to our military law, a big worry would be that we do not want other nations to apply their military law to our servicemen when they allegedly do something wrong in those countries. We want our military law to extend to our servicemen, wherever they are in the world.

Maria Eagle Portrait Maria Eagle
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Of course, the hon. Gentleman has a lot of knowledge of these matters, and I appreciate that such issues, as the Minister must have found, are very complex and difficult. Given the seriousness of the incidents and the fact that the Government undertook to look at the matter, it is important to have a full discussion about why they have come to the conclusion they have. I have not said that I disagree with the conclusion, but I think the House needs to probe fully why the decision, which she undertook to keep under review, was made. We will seek to probe that further during the Bill’s passage. I say no more than that.

Madeleine Moon Portrait Mrs Moon
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May I say how much I welcome my hon. Friend’s appointment? I totally agree about the need to probe the issue of extending British law to troops based and training here. The people of Cambridgeshire need a full explanation of why that was not possible. Whether it proves possible is moot. The important thing is that they know it is being fully explored. Will she also say something about the importance of opening up the ability of members of the armed forces to come forward when they have experienced rape and sexual assault, as often they are advised by people in the chain of command that it might damage their career to do so?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. There is plenty of time to speak. If the hon. Lady wishes to make a speech, I will put her on the list with pleasure.

Maria Eagle Portrait Maria Eagle
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I thank my hon. Friend, who is a member of the Defence Select Committee, for her welcome for my appointment, and I hear what she has to say about these matters. The reason Liberty is campaigning on some of these issues is that, if things go wrong, it can destroy people’s lives and cause many difficulties, not only for the individuals affected but for the services. In Committee, I want us to debate the matter further with Ministers, who I know have met and considered these matters with campaigners, and to hear a bit more detail about policy development and where they are in respect of some of these things.

We have already heard from the Secretary of State the rationale for extending the provisions in the Armed Forces Act 2006 to the Isle of Man and British overseas territories, except Gibraltar, but we will want to make sure, by way of the normal scrutiny one would expect of a Bill, that the provisions are correctly drafted, fit for purpose and will do what he said he wants them to do.

We are concerned about the rationale for the provisions in clauses 14 and 15 relating to the powers of Ministry of Defence firefighters in an emergency. There is no discernible problem, or any reason why those provisions need to be in the Bill. The explanatory notes suggest, as the Secretary of State did, that MOD firefighters currently have no power in an emergency to act to protect life and property, but I wonder whether there have been instances of the kind of difficulty to which he referred. Have there been instances of such firefighters being prosecuted, or being sued for assault or for breaking and entering? If there have been any such instances, I can see why he might want to introduce these provisions. If there have been no such instances and this is simply a tidying-up exercise, how come he perceives a problem now?

Michael Fallon Portrait Michael Fallon
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Let me try to answer that, but first may I welcome the hon. Lady and her team to the Dispatch Box for the first time? This measure is, of course, a precautionary one to reinforce the powers of those firefighters. There may well be instances where they might have to enter service accommodation or a civilian house on or near an MOD airfield. In other circumstances, perhaps in a remote area, MOD firefighters may be the first to reach a civilian fire in a civilian area, having got there in advance of the local authority fire service, but they do not have exactly the same powers. The purpose of these clauses is to deal with these things.

Maria Eagle Portrait Maria Eagle
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I am grateful to the Secretary of State for that further explanation. In preparing for my remarks, I gave the chief fire officer of Merseyside’s fire and rescue authority a ring to ask whether the Chief Fire Officers Association, of which he is a member, has been consulted about these provisions. I thought it might have asked for this kind of measure. My contact with him was the first he had heard of these provisions, although he was of the opinion that he would have expected the CFOA or the local authority fire and rescue authorities to have been consulted ahead of their introduction. They are category 1 responders and would have expected to have been consulted on these provisions. There are well-known, regular opportunities for the MOD to consult and liaise with the civilian fire authorities and chief officers, but that has not been done in this instance, which made me wonder precisely what was going on. The provisions seem to imply the deployment of MOD firefighters beyond the confines of their current role on MOD property. The definition of “firefighter” includes, as I believe the Secretary of State said, contractors and subcontractors employed by private companies, and we are at a time when the work the Defence Fire Risk Management Organisation does is being outsourced or tendered. We will want to probe this matter further in Committee.

The Secretary of State has sought to reassure me, and I am open to being reassured. I am pleased to confirm that, with those few remarks and slight concerns notwithstanding, we will be supporting the Bill and seeking in Committee to probe its provisions, improving them where we can. Of course, if they cannot be improved, we will support them. [Interruption.]

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Is anybody interested in speaking? I call Jack Lopresti.