Armed Forces Bill

Debate between Lord Astor of Hever and Lord Newton of Braintree

Monday 10th October 2011 Lords Chamber

[Lord Astor of Hever]

My Lords, the debates that we have already had on the subject of medals can have left no doubt about how important this matter is, and I am very grateful for the opportunity to address it again today.

The debate has had a number of strands: the process and rules for deciding on the acceptance and wearing of awards given by foreign and Commonwealth nations; the position within this process of Her Majesty as the fount of honour and the person to whom loyalty is owed; and the desire—shared, I believe, by all noble Lords—to recognise and support the Commonwealth. The amendment put down by the noble and gallant Lord, Lord Craig, relates to all these strands.

The position of the Government on the fundamentals of how the system should work remains the same as that of the last Government, when in 2007 the HD committee considered for a second time the Pingat Jasa Malaysia medal. It is the same position as has been held by every previous Government since King George VI established the HD committee.

The foundations of this position are quite simple. First, when British citizens, whether civilian or military, carry out their duties to the sovereign and their country, it is for the sovereign to decide on the award of honours for that service.

Secondly, the advice given to the sovereign about the grant of honours should be consistent across government—expert and, so far as is possible, dispassionate. Decisions on whether to reward service should not be made in the glare of public debate or potential party political argument about the wider political context in which that service was given.

Lastly, there should be consistency in our response to the wishes of all states, foreign or Commonwealth. In particular, our response to all our allies and friends should be consistent. I do not pretend that absolute consistency has been, or can always be, maintained. Sometimes exceptions are, and no doubt will be, made. But it is nearly always when exceptions are made that unfairness or anomalies are likely to occur.

The amendment would have two direct effects. First, it would lay down for the future a new rule about medals—that those awarded a Commonwealth medal shall be entitled in all circumstances to wear it. Secondly, it would apply this rule to Commonwealth medals awarded in the past. These include, as the amendment specifies, the PJM medal.

In doing so, the amendment would also have a number of indirect effects. By overturning past decisions that have been made on Commonwealth medals, it would establish the precedent that Parliament may overturn—and after any length of time—any decision of the sovereign as the fount of honour. Her decision is needed on the full details of what is proposed, as to both the acceptance and the wearing of medals. The amendment would overturn, specifically, past decisions on Commonwealth cases. I need hardly say that it is Her Majesty who is Head of the Commonwealth, not Parliament.

It would establish a further precedent that Parliament is able to lay down and change the rules which are to be applied to decisions on the acceptance of honours from foreign and Commonwealth states. It would assert that Parliament can do so in a way which alters the fundamentals that I have described of the existing arrangements, such as the need for a basically consistent approach to awards by all friendly and allied states.

Equally profound in its implications is the argument that must underlie this amendment—that decisions on the award of honours, and whether to change decisions previously made, are better made in the emotive and often party political atmosphere of parliamentary consideration, than with the detached and largely non-party political approach envisaged in the arrangements set up by King George VI. I believe that it would be wrong in principle for this House to lead the way towards such a new approach to the award of honours. As to the particular new rule that the amendment would put in place, I simply point out that it would create a different principle for the wearing of medals awarded by Commonwealth nations from that which applies to those awarded by other allies.

The operations in which our Armed Forces are involved are increasingly international, with British units regularly working alongside UN, NATO or EU partners. It would not be easy to justify to non-Commonwealth allies, or to those individuals whom they wish to reward, why the United Kingdom had decided to treat their awards on a fundamentally different basis from those offered by a Commonwealth nation.

That does not mean that I do not attach a special value to our membership of the Commonwealth and to our connections with its members. They are of the greatest importance, historically, culturally and constitutionally. But I do not believe that the creation of the distinction which this amendment would make between our Commonwealth and other friends is the way to reflect our respect for the Commonwealth.

Neither does it mean that I do not understand the force of the points that have been made in these debates about particular cases, and about the way that the process works, or is perceived to work. I have therefore instructed Ministry of Defence officials to consider the process by which advice about the institution of medals and the acceptance of foreign awards in respect of military service is put together, considered and submitted to Her Majesty.

As I explained on Report, this work will also consider the way that decisions are promulgated. My officials will ensure that they have the benefit of the views of the current chiefs of staff and they will discuss the issue with HD committee members. They will then consider whether any advice should be given to Her Majesty about the need to review the process and to make changes. Once my officials have reported back to me, I shall report the outcome to Parliament through a Written Ministerial Statement. I aim to do so before the end of the year.

I have been particularly struck with the force of the points made about the decision on the PJM medal. We have heard about how it is seen in Malaysia and about the continued importance and awareness of the issue not only in Malaysia and among those working for or representing the United Kingdom in Malaysia but among all those who were awarded the PJM medal. I shall put in hand, through my officials, representations to members of the HD committee about these issues, with a request that their advice to Her Majesty is to consider again whether those who have been awarded the medal should be permitted to wear it. Again I shall report the outcome to Parliament through a Written Ministerial Statement, and I aim to do so before the end of the year. However, for the reasons that I have explained, I do not believe that it would be right, in order to improve the system, for Parliament to overturn Her Majesty's decisions or to establish a precedent for laying new rules. Such an approach would not in my view support the essential merits and aims of the existing system, or support Her Majesty in carrying out her role as the fount of honour.

For those reasons, I cannot support the noble and gallant Lord's proposed amendment, and I would urge noble Lords to reflect extremely carefully before starting down the road it represents.

[Lord Newton of Braintree]

My Lords, before my noble friend sits down, I hope he will be pleased if I simply say that I, at any rate, in what I acknowledge is an extremely difficult area, found his reply entirely acceptable, bearing in mind the pressures that he will exert for a review and the fact that he will come back to us before the end of the year.

[Lord Craig of Radley]

My Lords, I raised this particular question in my earlier comments. The Minister has said:

“I propose to write to ministerial colleagues in the FCO emphasising the strength of feeling that continues to exist, both in this House and elsewhere, specifically about the Pingat Jasa Malaysia medal … I will propose that they look again at whether they can advise the HD committee to recommend to Her Majesty that those who were awarded the medal should also be permitted to wear it”.—[Official Report, 4/10/11; col. 1074.]

Has the noble Lord written, and when does he expect a reply?

Armed Forces Bill

Debate between Lord Astor of Hever and Lord Newton of Braintree

Tuesday 4th October 2011 Lords Chamber

[Lord Newton of Braintree]

Would the Minister consider a very brief question as being in order at this stage? I note what he says about the Localism Bill and will reflect on it. However, is he aware that the Parliamentary Ombudsman cannot consider complaints from servicemen or families because the ombudsman is subject to what is called the MP filter? He or she will take references only from an MP.

[Lord Astor of Hever]

My Lords, I was not aware of that. I think that the best way for me to handle my noble friend’s question is to write to him on this issue, and I will make sure that all noble Lords who have spoken in this debate are copied in on it.