Cultural Property (Armed Conflicts) Bill [Lords]

Tom Tugendhat Excerpts

3rd reading: House of Commons
Monday 20th February 2017 Commons Chamber

I was surprised that the Ministry of Defence did not know how many members of foreign armed forces had been embedded in the UK armed forces in each year since 2010, so I raised that surprise when we discussed the matter in Committee.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

The question is slightly harder to answer than it might initially appear. On operations, foreign armed forces are embedded with and serve alongside British troops in various guises and in many different capacities. Unless the hon. Gentleman can be more specific, I can understand the MOD’s difficulty.

[Kevin Brennan]

It is certainly within the power of the Ministry of Defence to answer the question in terms of its own definitions. However, it cannot have been that hard, because the Minister for the Armed Forces subsequently changed his mind and wrote to me, telling me that he could give me some information. It is always dangerous to intervene too early during the development of an argument. On 28 November, the Minister decided that he could provide some information, albeit not as precise as one might have desired.

[Tom Tugendhat]

There you go.

[Kevin Brennan]

I will give the hon. Gentleman five out of 10 on that basis. The Minister for the Armed Forces wrote:

“As my formal PQ response made clear—a definitive response to your question could only be provided at disproportionate cost.

However, it is roughly estimated that at least 200 members of foreign armed forces are either liaison officers or on exchange officer roles annually across the three services.”

He went on to confirm that the Department “does not routinely collect” the requested information about embedded foreign armed forces.

That does at least tell us what kind of numbers we are talking about, albeit not in precise terms. However, the point of my question was to get a general idea of how many people might be impacted by this legislation and to understand whether the Government had a grip on the rough ballpark figures.

Our concern was how the Bill would impact on foreign nationals embedded in the UK armed forces who were involved in the destruction or illegal exportation of cultural property. In her response to my amendment in Committee, the Minister said that

“if a foreign soldier were to commit an act set out in article 15(1)(d) or (e) while embedded in a UK unit, we would dismiss them and send them back to their home state to be dealt with for disobeying orders. The individual would face the consequences of their actions on their return home, and there is no loophole for embedded forces; that would apply whether or not a foreign state had ratified the convention or protocols, as the individual would be disobeying an order.”––[Official Report, Cultural Property (Armed Conflicts) Public Bill Committee, 15 November 2016; c. 14.]

Now that we have a figure from the Government on the number of foreign nationals to whom the Bill will apply, albeit a rough one, I just wonder—