Armed Forces Bill (Seventh sitting)

Debate between Sarah Bool and David Reed

Select Committee stage
Thursday 16th April 2026 Public Bill Committees

[David Reed]

The fact that other countries that we consider to be close allies are also considering this is an important point that I will come on to. In the aftermath of 9/11, the Government chose to derogate from article 5 of the European convention on human rights through part 4 of the Anti-terrorism, Crime and Security Act. That permitted the indefinite detention of foreign nationals suspected of terrorism who could not be deported without breaching other international obligations. While contentious, that step showed that, in the face of exceptional threats, Ministers can and should use the mechanisms available within the convention itself.

In the same spirit, the provision requires Ministers to take clear, accountable decisions when national security and operational effectiveness are in play. It ensures that responsibility cannot be delayed or sidestepped when prompt judgment is needed to protect our personnel and maintain the proper conduct of military operations. That is important and that principle is evident. The provision follows that precedent by ensuring that Ministers must take clear and accountable decisions where national security and operational effectiveness are at stake. It prevents responsibility from being deferred or avoided in circumstances where timely judgment is essential to the protection of our personnel and the proper conduct of operations. The importance of that is clear. The convention has increasingly been interpreted in ways that place strain on operational decision making, encourage litigation and create uncertainty for those serving on the frontline.

Our armed forces need clarity and confidence. They need to know that the Government stand firmly behind them, not that they will face legal challenges long after the events. New clause 13 would move us towards that clarity. If we are serious about restoring control over our legal framework, we should not pretend that the current arrangements are working in Britain’s interests. Ministers are at least required to consider derogation when our forces are engaged in demanding and hostile conditions. The new clause is a practical and measured step. It does not claim to resolve every difficulty, but it does establish the simple and necessary principle that Ministers must take responsibility, make considered decisions and put the interests of the country and those who served it at the forefront.

I also support new clause 15, which seeks to provide exemption from the European convention on human rights for members of our reserve forces when they are deployed under the Act. The intention behind that proposal is both practical and just. Our reservists serve alongside regular personnel in demanding and often perilous conditions. They shoulder the same responsibilities, face the same threats and act under the same operational pressures. It is therefore right that they should be safeguarded under the same legal framework that recognises the realities of military deployments.

In recent years, some interpretations of the convention have become stretched and detached from the practical realities it was designed to address. The world that we face today is very different from the world of the 1950s. I will not digress too much—in fact, I will not digress at all, Mr Efford—but this is an important point. The structures of the ECHR, designed in the 1950s by the people that experienced world war two, were all just and morally sound, and we can all accept that point. But the world has moved on rapidly in the years since the 1950s. Since the ECHR is broad in scope, we have had a number of different lawyers see interpretations—and able to move things—that may be outside of our national interest.

My hon. Friend the Member for South Northamptonshire raised the interesting point that this is not just a problem for us in the UK—it is also a problem for a number of our allies across Europe who are considering either derogating or leaving the convention because it is not serving their national interest. Bear in mind that we are a tolerant country with a good legal system. I have no doubt that a lot of these laws would be reproduced. We need to be in a position to give our forces the legal confidence that they can operate in those environments and that we have the jurisdiction here in the UK to be able to carry out that legal framework. I very much support the new clauses, and I hope the Committee will consider them.

[Sarah Bool]

I will reinforce the points made by my hon. Friend. As he said, the ECHR was created in a completely different environment and age from that in which we are living now. It is its interpretation, in particular, that has given rise to some of the problems we are facing across the board, whether on migration or dealing with these cases here. The hon. Member for North Durham made a point that he hopes the Government would act in the same way as previous ones. Unfortunately, hope is not enough in these situations and actually having legal clarity set out in black and white gives the certainty that we require. Given that our current Prime Minister prides himself on being a lawyer—and I am a former lawyer, so I will say this myself—we are giving him the opportunity to have it in absolute black and white exactly what he should do in the circumstances, rather than leaving it to chance.

Armed Forces Bill (Fourth sitting)

Debate between Sarah Bool and David Reed

Select Committee stage
Tuesday 14th April 2026 Public Bill Committees

[David Reed (Exmouth and Exeter East) (Con)]

It is a pleasure to serve under your chairship, Mr Efford. As we all know, drones and other uncrewed systems are rapidly reshaping modern defence and are already central to surveillance, logistics and frontline operations. Their importance will only grow in the years ahead. For our armed forces, they offer speed, precision and flexibility; for our adversaries, they present new and evolving threats that we must be ready to counter. That is why the clause matters.

My own limited experience was back in the early 2010s, when I saw drones brought into military service in our operations in Afghanistan. Those pieces of kit were really expensive and large, but we could see how they were reshaping the modern battlefield. Looking at how the technology has evolved over the years, the first signs that I saw were in how prisoners were working with criminal networks on the outside to deliver drugs and other contraband into prisons. They were using cheap, commercial, off-the-shelf drones to carry out those illegal acts. The barrier to entry for such products has fallen significantly. Our military now has to contend with protecting military sites, bases and other critical assets from people who can buy cheap drones that have a big operational effect, so new powers need to be given to our armed forces people.

We will have more opportunities to strengthen these powers. We support what the Minister proposes, but we will discuss new clauses at a later sitting. The success of clause 4 will depend on whether the wider system supports it. We have heard repeatedly from colleagues across the House about regulation issues with testing autonomous systems in UK airspace or waters. Multi-departmental efforts will be required to take away some of the regulation, so that we can give defence manufacturing and our armed forces the ability to test the new technologies and implement them in their operational output.

Our armed forces must be equipped with not just the tools, but the doctrine and training to use them effectively. We have a clear opportunity for change. The United Kingdom has the expertise and the industrial base to lead in uncrewed systems, which is good for the export market. Clause 4 provides part of the foundation, but it must be matched by practical action to ensure that the capabilities can be delivered at scale. If we get it right, we will strengthen our national security, our defence industry and our critical national infrastructure; if we fall behind, others will set the pace. The choice is ours.

[Sarah Bool (South Northamptonshire) (Con)]

It is a pleasure to serve under your chairmanship again, Mr Efford, after the Easter recess. I believe that the Minister clarified this point, but I ask for confirmation: will the extension of anti-drone permissions extend to US bases such as RAF Croughton in my constituency?