Military Action Overseas: Parliamentary Approval Debate
Full Debate: Read Full DebateDepartment: Cabinet Office
Baroness May of Maidenhead
Main Page: Baroness May of Maidenhead (Conservative - Life peer)Department Debates - View all Baroness May of Maidenhead's debates with the Cabinet Office
Military Action Overseas: Parliamentary Approval
Baroness May of Maidenhead Excerpts(6 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister (Mrs Theresa May)
I start by paying tribute to the professionalism, dedication and courage of our armed forces. As I said in the House yesterday, there is no graver decision for a Prime Minister than to commit our servicemen and women to combat operations. Understanding where authority and accountability for their deployment and employment lies is of vital importance.
Let me begin by being absolutely clear about the Government’s policy in relation to the convention that has developed, because there is a fundamental difference between the policy and the perception of it that is conveyed in today’s motion. The Cabinet manual states:
“In 2011, the Government acknowledged that a convention had developed in Parliament that before troops were committed the House of Commons should have an opportunity to debate the matter and said that it proposed to observe that convention except where there was an emergency and such action would not be appropriate.”
More detail on the Government’s position was then set out in 2016 in a written ministerial statement from the then Defence Secretary, my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon), who wrote:
“The exception to the convention is important to ensure that this and future Governments can use their judgment about how best to protect the security and interests of the UK. In observing the convention, we must ensure that the ability of our armed forces to act quickly and decisively, and to maintain the security of their operations, is not compromised…If we were to attempt to clarify more precisely circumstances in which we would consult Parliament before taking military action, we would constrain the operational flexibility of the armed forces and prejudice the capability, effectiveness or security of those forces”—[Official Report, 18 April 2016; Vol. 608, c. 10WS.]
Stewart Malcolm McDonald (Glasgow South) (SNP)
I am extremely grateful to the Prime Minister for giving way at this stage in her speech. She may know that I raised a point of order with Mr Speaker prior to this debate to ask whether the National Security Adviser has given intelligence briefings to Members of the Labour Opposition who are not Privy Counsellors, but who were selected on the basis that they were sympathetic to the Government’s airstrike policy. Will the Prime Minister confirm whether that is the case?
The Prime Minister
My understanding is that any intelligence briefings have been given to Privy Council Members of this House, and that all Privy Council Members of this House have been invited to attend such briefings.
Mr Nigel Evans (Ribble Valley) (Con)
The Prime Minister has talked about the possibility that the efficiency and security of British armed forces in any military action could be compromised if we were to go down the route suggested by the Leader of the Opposition. Would not that be even further magnified when our military action takes place in co-operation with, for example, the United States of America, France and perhaps several other countries?
The Prime Minister
I will be coming to the security of our allied forces as well as our own a little later in my speech.
Kevin Brennan
When the International Development Secretary gave her interpretation of this to the media recently, she said that it was always wrong to outsource decisions about war to Parliament because parliamentarians would not have, in any cases, sufficient intelligence. Was she representing the position of the Prime Minister and the Government on the convention?
The Prime Minister
I have just set out the convention. I am very clear that the Government follow that convention, but the assumption that the convention means that no decision can be taken without parliamentary approval is incorrect—it is the wrong interpretation of the convention.
I wish to make the response that I gave to the hon. Member for Glasgow South (Stewart Malcolm McDonald) absolutely clear. I believe that a number of briefings have been given. Those who have been given intelligence briefings that would not be made available to Members of this House are Privy Counsellors—that is my understanding of the situation.
I share completely the principle that, in a parliamentary democracy, the elected representatives in this House should be able to debate the deployment of British military forces into combat. As I said—
The Prime Minister
I will give way to the hon. Gentleman as I have just clarified my response to him.
Stewart Malcolm McDonald
I am grateful to the Prime Minister. I do not mean to test her patience any more than I feel I have to, despite some prompting behind me. She says that it is her understanding that only Privy Counsellors received intelligence briefings from the National Security Adviser—I see that she is being passed notes along the Bench—but can she say from the Dispatch Box that no Member of Parliament who is not a Privy Counsellor received an intelligence briefing from the National Security Adviser?
The Prime Minister
Briefings have been offered to all Members of the House, not just Privy Counsellors, subsequent to action. Before action, briefing was only offered to Opposition leaders.
Tim Loughton (East Worthing and Shoreham) (Con)
We spent half an hour listening to the Leader of the Opposition talking about process. Children who have been gassed in Syria are not interested in process—they are interested in action. Since the Leader of the Opposition refused to take an intervention from me, may I ask the Prime Minister this? Does she recall any time in his 35 years in this House when he has supported any move to countenance military action or legislation to counter terrorism that sends out the clear message that illegal aggression, the likes of which we saw last week, will not be tolerated and has consequences?
The Prime Minister
My recollection is that the Leader of the Opposition has consistently opposed military action and also consistently opposed us ensuring that our security services and our law enforcement agencies have the powers they need to be able to deal with terrorism.
Mr Mark Francois (Rayleigh and Wickford) (Con)
I thank the Prime Minister for giving way, as I am now on my best behaviour. Is this not surely a matter of degree? For instance, the United States already has a War Powers Act, but I am not aware that anybody in America has sought to invoke it over the strike that took place—[Hon. Members: “They have.”] Well, I do not see that going anywhere at all.
Is it not the case that if we had sought to commit troops into combat to fight a war, as we did in Iraq in 2003, we clearly would have expected a debate and a vote in this House, but that for a targeted military strike designed to uphold international law, the approval of the House would not be necessary as a prerequisite?
The Prime Minister
I thank my right hon. Friend for his point. Indeed, I said during yesterday’s exchanges in the House that these strikes were of a particular nature. They were targeted, they were about upholding the international norm in relation to the prohibition of the use of chemical weapons, and they were carried out on a legal basis that had been used by Governments previously—I will come on to that later in my speech.
Simon Hoare
Will my right hon. Friend confirm my understanding that the targets that we and our allies had in our sights were eminently manoeuvrable and that therefore the element of surprise in the attack was clearly required to maximise the opportunity for their destruction?
The Prime Minister
My hon. Friend makes an important point that I will come on to address later in my speech.
Andrew Bridgen (North West Leicestershire) (Con)
The Leader of the Opposition said many times that the duty of Members of Parliament is to represent those who elected us. Does my right hon. Friend agree that if that is the limit of our powers, it leaves the many citizens in our overseas territories and dependencies who are not represented in this place very vulnerable? Some people in this place would not have authorised military action to retake the Falkland Islands in 1982. I think, I am afraid, that some would not authorise military action to retake the Isle of Wight if it were invaded.
The Prime Minister
I was asked this question on a number of occasions yesterday and I answered it on a number of occasions yesterday. Let no one in this House be in any doubt that neither I nor this Government take instructions from any President or any other national Government. When we act, we act in what we believe to be the national interest—that is our only concern. The hon. Lady might give a little more consideration to the national interest and to the importance of upholding the international norms of our rules-based order that have kept us safe over the years.
Mr Peter Bone (Wellingborough) (Con)
I know that the Prime Minister supports the conventions of this House and I think that the vast majority in this House will have thought that last week’s action was entirely correct. Does she agree that it would be useful if, after the action has taken place, the House could demonstrate its support for the Prime Minister by having a vote on the issue?
The Prime Minister
I will come on to the role of the House in more detail, but I think that is absolutely right. The Leader of the Opposition made several references to the importance of the House holding the Government to account. That was why I came to the House at the first opportunity. It was why I answered every single question from Back Benchers yesterday, and it was why I participated in the SO24 debate that was secured by the hon. Member for Wirral South (Alison McGovern).
The Prime Minister
I will give way one further time and then I must make some progress.
Conor Burns
I am grateful to the Prime Minister. She has spoken movingly in recent days about the burden that she carries and the responsibility she feels in committing our troops to action—her predecessors have also spoken in such terms. However, it is necessary that we are led by people who have the courage and resolve to take these decisions. What does she think would be the consequences for our national security if a future occupant of her office lacked that resolve?
The Prime Minister
These are indeed grave and difficult decisions for a Prime Minister and a Government to take, but it is important that anybody in the position of Prime Minister recognises that there will sometimes be times when it is necessary to commit our armed forces into combat in some shape or form, be that in the more direct defence of our land or our interests, in defence of international norms, or for the prevention of humanitarian suffering. It is imperative that the person who occupies this position is able and willing to take such decisions.
I share completely the principle that, in a parliamentary democracy, elected representatives in this House should be able to debate the deployment of British military forces into combat. As I said yesterday, I am deeply conscious of the gravity of these decisions and the way in which they affect all Members of the House. There are situations—not least major deployments like the Iraq war—when the scale of the military build-up requires the movement of military assets over weeks, and when it is absolutely right and appropriate for Parliament to debate military action in advance, but that does not mean that that is always appropriate. This therefore cannot and should not be codified into a parliamentary right to debate every possible overseas mission in advance.
The Prime Minister
I will make just a little more progress.
As the exception makes clear, there are also situations when coming to Parliament in advance would undermine the security of our operations or constrain our armed forces’ ability to act quickly and decisively. In these situations, it is right for the Prime Minister to take the decision and then to be held accountable to Parliament for it. I give way to my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith).
Mr Duncan Smith
I am grateful to my right hon. Friend; I know she wishes to make progress. I was struck by the intervention by the hon. Member for Nottingham East (Mr Leslie) on his leader when he asked the very specific question about whether, under the motion, any change in embedded forces, for example, would deliver the necessity of a parliamentary vote. May I connect that with the question raised about legislation, because surely it would be the case that had the Government decided not to have a vote, an injunction would almost immediately follow under that legislation, thereby absolutely puncturing a hole through Government action when that was necessary and leaving complete confusion for us and our allies?
The Prime Minister
My right hon. Friend is absolutely right. In this area in particular, clarity of decision is crucial. It is crucial not just for Government, but for our armed forces personnel, as we are asking them to put their lives on the line for us.
Neil Gray (Airdrie and Shotts) (SNP)
I thank the Prime Minister for giving way. Nobody disputes the Prime Minister’s ability to act outwith consultation with Parliament on an issue of national security. However, that is not the case in this instance. The President of the United States tweeted the week before the action to suggest that it would happen, and the Prime Minister’s own Cabinet meeting indicated that the Government would be supportive on Thursday. She could have perfectly well recalled Parliament on Thursday. Is it not the case that she was just afraid of losing a vote, and that is why she did not recall Parliament?
The Prime Minister
I will come on to the specific issue of the vote that the hon. Gentleman would have preferred to see on the action that took place last week. He says that nobody is in any doubt of the Government’s need to be able to act by themselves and make their own decision on a matter of national security. Having heard the Leader of the Opposition’s speech, I am not sure that that statement flows for every Member of the House. As I understood it, the Leader of the Opposition was saying that it should always be the case that Parliament takes a decision in advance of the Government taking action.
The Prime Minister
I will make some progress. I want to set out for the House today four fundamental reasons why this exception is right and why it applied in the case of our military action last weekend.
First, coming to Parliament before undertaking military action could compromise the effectiveness of our operations and the safety of British servicemen and women. In the case of our actions last weekend, the Syrian regime has one of the most sophisticated air defence systems in the world today. To counter such a system, it is vital to confuse the enemy as much as possible and to conceal the timing and targets of any planned attack. For example, if they had known even the category of target we had identified—in other words, our narrow focus on chemical weapons—that would have allowed them to concentrate rather than disperse their air defences. They could also have pre-empted our attack by dispersing their chemical weapons stocks, instead of leaving them at the target sites that we had identified.
Our ability to exploit uncertainty was a critical part of the operation, and that uncertainty was also a critical part of its success. We know that the Syrian regime was not aware in advance of our detailed plans. If I had come here to the House to make the case for action in advance, I could not have concealed our plans and retained that uncertainty. I would quite understandably have faced questions about the legality of our action. The only way I could have reassured the House would have been to set out in advance—as I did yesterday after the event—the limited, targeted and proportionate nature of our proposed action. I would have faced questions about what aircraft and weapons we were planning to use, when the operation was going to take place, how long it was going to last and what we were going to do.
All of that would have provided invaluable information that would have put our armed forces at greater risk and greatly increased the likelihood of the regime being able to shoot down our missiles and get their chemical weapons away from our targets. I was not prepared to compromise their safety and the efficacy of the mission. [Interruption.] To the shadow Foreign Secretary, who from a sedentary position is saying that it is nonsense to argue about the security of our armed forces, I say that that should be at the forefront of our thinking.
Clive Efford
I am grateful to the Prime Minister for giving way. Nine days have elapsed since the attack on Douma. The President of the United States tweeted about it, and there was a highly publicised Cabinet meeting on the morning of 12 April. On that day, comments of the Prime Minister in that Cabinet meeting were reported in the press. No one here would have asked for secret details of the attacks. We would have asked about the long-term strategy for getting people around the table to discuss the future. She set out yesterday her objective in this attack, but is that attack likely to increase the possibility of getting those people around the table to bring a solution to the problem in Syria? No, it is not.
The Prime Minister
The hon. Gentleman knows full well that the strikes were undertaken because of the concerns about the use of chemical weapons. They were not about the longer term issues of the resolution of the conflict and civil war in Syria, and they were not about the issue of regime change. They were about degrading a chemical weapons capability and deterring the use of those chemical weapons.
Chris Skidmore (Kingswood) (Con)
Is the Prime Minister aware that the comments she is making reflect accurately a Ministry of Justice report published under the previous Labour Government in 2009, which stated that any relaxation of prerogative powers would “dangerously” weaken our ability to respond in a crisis?
The Prime Minister
My hon. Friend makes an important point in quoting from that report. We have to be able to retain the flexibility we need to make the decisions necessary for our national security and our national interest and to act in the way that we have.
James Heappey
I am grateful to the Prime Minister for giving way. She knows that the decisions she often has to take are in response to very dynamic security and military situations. Legislating in this place for the mission brings with it an inflexibility that would be very unhelpful when targets change, missions change and rules of engagement sometimes need to be adjusted. She cannot allow her freedom of decision making to be limited in such a way.
The Prime Minister
My hon. Friend is absolutely right; it is important to have that freedom and flexibility. May I say how striking that comment is coming from him, as I believe he has served in both Iraq and Afghanistan?
Layla Moran (Oxford West and Abingdon) (LD)
Will the Prime Minister give way?
The Prime Minister
No, I am going to make progress. Quite a few Members wish to speak in the debate, and I have taken a lot of interventions.
The second reason is the nature of the information that I see as Prime Minister, along with the National Security Council and the Cabinet. The Government make use of a wide range of sources of information, both those in the public domain and secret intelligence. In this case, drawing on the lessons of the past, we made a rigorous assessment of the available open-source material and intelligence about the Douma attack. Indeed, when my hon. Friend the Member for Gainsborough (Sir Edward Leigh) looked me in the eye and asked me to tell him that it was the Syrian regime that was responsible, I could do so in part because of the intelligence and assessment I had seen, and because I had discussed that intelligence and assessment with senior security and military officials, the National Security Council and Cabinet.
In the post-Iraq era, it is natural for people to ask questions about the evidence base for our military actions, including when we cite intelligence. They want to see all the information themselves. But we have an obligation to protect the safety and security of our sources. We must maintain secrecy if our intelligence is to be effective now and in the future. We have obligations to our partners to protect the intelligence they share with us, just as they protect intelligence we share with them, and we have to be judicious even in explaining the types of intelligence we use in any given case, or risk giving our adversaries vital clues about where our information comes from.
The Prime Minister
No, I am going to make some more progress.
The Government have access to all that information, but Parliament does not and cannot. This is not a question of whether we take Parliament into our confidence. It is a question of whether we take our adversaries into our confidence by sharing that material in a public forum. Officials have briefed Opposition leaders on Privy Council terms, and I have set out to the House elements underpinning our assessment, but our intelligence and assessment cannot be shared in full with Parliament. It is my responsibility to decide the way forward based on all the intelligence and information available to Government. I should make the decision as Prime Minister with the support of the Cabinet, and Parliament should hold me to account for that decision.
Layla Moran
I am extremely grateful to the Prime Minister for giving way. I found the statement on the evidence for it being Assad’s regime that carried out the chemical attack, on the type of helicopter and the movements, very compelling. Would she have been able to share just that evidence prior to the attack?
The Prime Minister
I was able to share more evidence with the House after the attack than I would have been able to share before the attack, and it is not possible to share with the House all the intelligence on which we base our judgments.
Geraint Davies (Swansea West) (Lab/Co-op)
Will the Prime Minister give way?
The Prime Minister
No, I am going to make some progress.
The third reason is our need to work together with our closest allies. A year ago, following the despicable sarin attack at Khan Shaykhun, the US immediately sought to deter further chemical weapons attacks by launching 59 Tomahawk cruise missiles at the airfield from which the Khan Shaykhun atrocity attack took place. But Assad and his regime have not stopped their use of chemical weapons, so this weekend’s strikes needed to be significantly larger than the US action a year ago and to be specifically designed to have a greater impact on the regime’s capability and willingness to use chemical weapons. That was firmly in the British national interest. Working together with America and France, and doing so at pace, was fundamental to achieving that effect.
If I had come to the House in advance of this operation to set out the totality of our effort, I would also have had to share with Parliament the breadth of our allies’ plans, for this was a combined operation where the totality of our effort was key to delivering the effect. Not only would this have constrained their flexibility to act swiftly, but it would have fundamentally undermined the effectiveness of their action and endangered the security of our American and French allies. In doing so, we would have failed to stand up to Assad in the face of this latest atrocity. We would have failed to alleviate further humanitarian suffering by degrading Assad’s chemical weapons capability and deterring their future use, and we would have failed to uphold and defend the global consensus that says these weapons should never, ever be used.
The fourth reason is that the legal basis for UK action has previously been agreed by Parliament. As the hon. Member for Ilford South (Mike Gapes) said so movingly during the statement yesterday, there is a long tradition on both sides of this House that has considered that military action on an exceptional basis—where necessary and proportionate, and as a last resort—to avert an overwhelming humanitarian catastrophe is permissible under international law. The three criteria that I set out in my statement yesterday are the same three criteria used as the legal justification for the UK’s role in the NATO intervention in Kosovo. As I also explained, our intervention in 1991 with the US and France and in 1992 with the US to create safe havens and enforce the no-fly zones in Iraq following the Gulf war were also justified on the basis of humanitarian intervention.
So it was right for me, as Prime Minister—with the full support of the Cabinet, and drawing on the advice of security and military officials—to take the decision on this military strike last weekend, and for Parliament to be able to hold me to account for it. By contrast, a war powers Act would remove that capability from a Prime Minister and remove the vital flexibility from the convention that has been established, for it would not be possible to enshrine a convention in a way that is strong and meaningful but none the less flexible enough to deal with what are, by definition, unpredictable circumstances.
David Morris (Morecambe and Lunesdale) (Con)
I am grateful for the Prime Minister’s time. Should this motion be passed would it mean theoretically that if we are attacked anywhere in the world, we would have to come to Parliament before we could act in retaliation?
The Prime Minister
That would not be the upshot of the motion before the House today, but it could be the upshot of a war powers Act of the type suggested by the Leader of the Opposition.
Richard Burden (Birmingham, Northfield) (Lab)
If consulting Parliament in advance of this military action against the Syrian regime would inevitably have compromised operational details and intelligence in the way the Prime Minister suggests, what was it about the debate that took place in 2013 on possible military action in Syria that would have compromised the same details had the vote gone the other way?
The Prime Minister
There was a rather different set of circumstances in 2013, when that vote was taken by the House.
Richard Drax (South Dorset) (Con)
As a former soldier, may I paint a picture in which British hostages are taken and a rescue mission is needed? As I understand it from the Opposition, we would have to come to this place before such a mission was launched—or we might have to—if the law worked in that way, but the best time to rescue them would actually be when we in this place are talking.
The Prime Minister
My hon. Friend makes an important point. My understanding is that he has understood the potential consequences of what is being proposed by the Opposition.
Let me be absolutely clear what such a war powers Act would mean. It would mean that many smaller scale, timely and targeted interventions—like the action we have taken to alleviate further humanitarian suffering by degrading Syria’s chemical weapons capability and deterring their use—became unviable. They would be unviable because it would significantly reduce the effectiveness of any operations and endanger the safety of our servicemen and women.
As David Cameron stated to the House back in 2014,
“it is important to reserve the right that if there were a critical British national interest at stake or there were the need to act to prevent a humanitarian catastrophe, you could act immediately and explain to the House of Commons afterwards.”—[Official Report, 26 September 2014; Vol. 585, c. 1265.]
Put simply, making it unlawful for Her Majesty’s Government to undertake any such military intervention without a vote would seriously compromise our national security, our national interests and the lives of British citizens at home and abroad—and for as long as I am Prime Minister, that will never be allowed to happen.
Mr Speaker, before I make my concluding remarks, may I apologise to all those participating in this debate? I will have to leave the House after I have spoken in order to have a meeting with Cyril Ramaphosa, who has taken over as the Head of Government in South Africa, but Members will understand that it is important for me to do so.
I realise that for some in this House, and especially for those who have not had to do what I have had to do, the attractive purity of a democratic principle that Parliament should always decide may still appeal more than the practice of how to ensure an effective military operation that delivers in our national interest. Notwithstanding this disagreement, however, I think two things are clear. First, while we may disagree over my decision not to recall Parliament, over my decision to commit our forces in combat on this mission and over the very principle that I should be able to make such a decision, I hope we can agree over this: from the time I spent at the Dispatch Box yesterday, no one can doubt my commitment as Prime Minister to being held to account by this House for the decisions I have taken. Secondly, the mood of the House yesterday was unquestionable: we have the support of the House for the measures that we took to alleviate further humanitarian suffering by degrading the Syrian regime’s chemical weapons capability and deterring its future use. A clear majority of the House believes we did the right thing.