(1 week, 2 days ago)
Lords ChamberMy Lords, this has been a most useful debate, and I hope it has been helpful. I thank all who contributed, whatever their point of view, not least those who felt able to support my amendments. I thank the Minister for his continued engagement, and I know his sincere desire to explore the possibility of a point of mutual agreement.
It was clear that some contributors considered my amendments to have merit, and that there were questions from other contributors. I will deal with the questioners first. I express my personal thanks to the noble Lord, Lord Beamish, and the noble Baroness, Lady Carberry, for their kind remarks. I very much appreciated the vein in which they made their observations and asked their questions.
In essence, a theme ran through the points raised by the noble Lord, Lord Beamish, the noble Baroness, Lady Carberry, and the noble Viscount, Lord Stansgate, not to mention the Minister. The theme I picked up on was: the powers are already there. The noble Lord, Lord Beamish, said that this is not a game-changer. The noble Baroness, Lady Carberry, asked whether I could help the House to understand better what the amendments achieve on top of the existing routes. The noble Viscount, Lord Stansgate, said that the commissioner has the powers, so nothing additional has been created by the amendments—that was very much the tone of the Minister’s response.
My response to that is twofold. It really depends on the lens through which we look at all this. We can look at it through the lens of parliamentarians and technical legal draftspersons and we can say, “No, you don’t need these amendments because everything that we need is already in there”. I would tend to advocate looking at this through the lens of service personnel—not least servicewomen—which is why I am emphatic that it is not a question of not being able to have any more routes because we already have some. It is a question of reassurance to our Armed Forces, particularly our servicewomen, that we are providing routes the best way we can, because we want to give notice that we care about them and do the best we can for them.
The noble Baroness, Lady Kramer, said that what really matters is that there is confidence about the investigation part—I will come to her useful distinction between a complaint and whistleblowing in a moment. But, looking at it through the lens of what service personnel may feel, I go back to the original argument I adduced in my opening speech: we have to give something simple that is easy to understand. There may be a number of routes that people can currently follow, but, if you say that one route is that the commissioner can investigate whistleblowing complaints, that certainly sends out a signal to an awful lot of people in our Armed Forces. They get that and they understand it. They want a simple point of access; they know they can do that in confidence, the process is trustworthy and the investigation will be robust.
The Minister said that more needs to be done, which is why we have the Armed Forces Commissioner Bill—I entirely agree with that. My response would be: I want more to be done too. I want to improve the Bill in law—not by way of policy but in law, hence my amendments. The Minister kindly indicated that the Government will, at Third Reading, introduce their own amendment to deal with the question of anonymity. I welcome that and, depending on the text of it, I am sure that this side of the House will be able to support it. But is that a sufficient substitute for what I want to achieve? No, I regret that it is not.
I will deal with the other contributions, beginning with the noble Baroness, Lady Kramer. She is an acknowledged expert: her reputation goes before her, and I think we all know that she is a woman you would not readily tangle with. I will not tangle with her; I will listen to her. I am grateful for her support. I noted her distinction: a complaint seeks redress, whereas whistle- blowing is not necessarily looking for personal redress but is rather looking for investigation and action—whistleblowing is an empowering function. Her contribution was powerful, particularly when she explained how she perceived these amendments as improving morale for our service personnel in a simple manner.
The right reverend Prelate the Bishop of Norwich made a very helpful contribution, when he referred to a safety valve. From his experiences as a chaplain, he referred to the fear that people have of reporting, which he feels is assuaged by a whistleblowing function, which is something that I have always intrinsically felt. He also pointed out that the comparable model of the German armed forces commissioner has that function.
The noble Lord, Lord Dannatt, said very simply that there needs to be a way of challenging when something has gone wrong in the system, which is exactly what I am trying to achieve with these amendments.
My noble friend Lord Wrottesley, whose support I welcome, talked about strengthening protections, and I think that that is at the heart of all this. We have a variety of routes. I said earlier that, if we felt that there was only one way in which to do something, we would not be having an Armed Forces commissioner. We would be saying that our vastly improved service complaints system was brilliant, so let us leave it at that—we can tweak it and do bits and pieces as and when we require. I think that we all accept that that is absolutely not an argument for not having an Armed Forces commissioner. However, if you accept that, I think that you should also accept that there is more than one way in which to provide conduits and access for our service personnel.
I was very grateful to the noble Baroness, Lady Smith of Newnham, for her contribution and the support of her Benches in associating herself with the powerful comments from her colleague, the noble Baroness, Lady Kramer.
I have done my best to address the main points that arose in the debate. I thank the Minister for his courtesy and his personal endeavours to keep—
I am sorry to interrupt, but I do not want to mislead anyone. On the Third Reading point and the Government bringing an amendment back, obviously the noble Baroness is going to divide the House—and then it will have to be brought back another way. I could not bring those amendments back at Third Reading, if we were defeated. It would need to be changed elsewhere. I just wanted to make that clear so that I did not mislead anyone.
I understand the technical point that the Minister is making, and I appreciate his desire to clarify that to the House. I understand the position, but it does not detract from my desire to try to do something substantive here. I thank him for his courtesy and his personal endeavours, as he has kept me fully informed of the Government’s thinking, which I appreciate.
I am not going to prolong the discussion, as I think that we have now reached a crystallisation point, which is that the Government believe in their way and I believe in my way and, encouraged by the support that I have received, I wish to test the opinion of the House.
First, I thank the noble Baroness, Lady Goldie, for reading out the letter that I sent. I have placed a copy in the Library, and I will just check that this has happened, to make sure that is available to everyone. I thank the noble and gallant Lord, Lord Craig, for his remarks. The letter covers the points that he has raised as well.
It would be helpful for further clarification just to read a couple of remarks into the record, which will help the deliberations of all of us on Report. I thank the noble Baroness and other noble Lords for the conversations we have had about the no-notice power of the commissioner and the authority of the commanding officer of a site. We will make sure that commanding officers and others are aware of what they are able to do under the letter and under the Bill.
As highlighted in the letter I sent on 15 April, to fulfil their investigatory function, the commissioner will have wide-ranging powers including access to certain defence sites. The commissioner must give the Secretary of State notice of intent to visit those sites, unless—and for sites in the UK only—it is considered that giving notice would defeat the object of exercising the power. This matters, as it will help to ensure that malpractice cannot be covered up, for example—
My Lords, on a purely technical matter, the Minister referred to a letter of 15 April; I think it is the letter of 23 April.
I thank the noble Baroness for her brilliant observation. It says “15 April” on here, but I have just been reliably informed by pigeon post that it was 23 April—so thank you very much.
I cannot remember where I got to now—I will start again on that paragraph. As highlighted in the letter I sent on 23 April, to fulfil their investigatory function the commissioner will have wide-ranging powers, including access to certain defence sites. The commissioner must give the Secretary of State notice of intent to visit those sites, unless—and for sites in the UK only—it is considered that giving notice would defeat the object of exercising that power. This matters, as it will help to ensure that malpractice cannot be covered up, for example by painting over mouldy accommodation or ensuring certain personnel are off the premises.
The Secretary of State’s power to restrict access is available in a particular case or more generally. We therefore anticipate that, in practice, the Secretary of State could provide the commissioner and heads of establishment with information in advance regarding specific sites, or even parts of sites, activities or broader criteria to which they will be preventing or restricting access. In addition to the military, the Secretary of State will consult with the Foreign Secretary and the Home Secretary to ensure all matters which infringe upon national security interests are assessed.
This mechanism will be broad enough to cover instances where, for example, a specific classified event is happening at a site that did not have any restricted areas. In these instances, should the commissioner wish to visit without notice, the head of establishment will still be able to prevent the commissioner from entering either all or part of the site. Although the Bill provides that this power resides with the Secretary of State, the application of broader criteria provided by the Secretary of State in relation to these matters will also function to allow heads of establishment to assess concerns relating to national security or personal safety and restrict access on those grounds.
In practice, heads of establishment and relevant security staff will therefore have the authority to conduct their own due diligence in line with these concerns, including delaying access while inquiries are made. Should disagreements arise, either party would be able to escalate this to the office of the Secretary of State.
With those comments, I hope this provides the necessary reassurance to the noble Baroness, Lady Goldie, and on those grounds, I ask her to withdraw her amendment.
I am very grateful to the Minister and am satisfied that there are not too many letters flying around—there is only one. I am very happy to withdraw my amendment, and I beg leave of the House to do that.
My Lords, noting that this is a consequential amendment, I simply have one question relating to what the Minister has just said. He said that there was an issue about duplicate or repeat complaints. If there were duplicate complaints—an equivalent complaint from two different people—would that not be admissible, or have I misunderstood what he said?
My Lords, I will respond to the Government’s consequential Amendment 15. In Committee, the Government brought forward this amendment, claiming that it was minor and technical. At the time, I argued that it was neither minor nor technical. It sought to introduce a substantive change to the service complaints process, and I asked the Minister for clarification, which he and his officials have helpfully provided.
The effect of these changes would mean that the current process—whereby the decision as to whether a service complaint is admissible is made by an officer—could now be made by a civilian, and the Armed Forces commissioner would be able to refer a complaint to a relevant person, as opposed to a relevant officer. Permitting a civilian to undertake these roles, even if an officer could undertake them as well, means that the decisions will, to some extent, now be taken out of the chain of command. The Explanatory Notes explicitly mention that these roles would be undertaken by a civilian, and the Minister confirmed such in Committee. The Government intend for these two roles in the complaints process to be undertaken by civilians as well as by officers, if that is necessary.
In Committee, I expressed concern about this approach, but, after meetings with the Minister—for which I thank him—I am now reassured that the decisions regarding admissibility of service complaints and the referral of complaints is much more of an administrative task than I had understood, as enlarged upon by the Minister earlier in his remarks. I accept that that is not necessarily an efficient use of an officer’s time. Given this clarification, my concerns have been assuaged, my opposition has dissipated and I am content with the position.
Very briefly, given the time, I thank the noble Baroness for that. I am pleased that the conversations and discussions that we have had have clarified this.
I am not sure of the answer to the question from the noble Baroness, Lady Smith—I am not even totally sure I fully understood what she was asking about what I had said. If she will allow me, I will write to her, and put a copy of that letter in the Library, if that is convenient and satisfactory to her. With that, I commend my amendment to the House.
(1 week, 2 days ago)
Lords ChamberI will take away that question about female veterans. However, let me read out—although I do not normally do this—one important thing that may help. My briefing tells me that the financial recognition scheme is a sophisticated scheme that ensures that all eligible applicants—including, obviously, females—will receive appropriate financial recognition despite potential limitations in documentation. The scheme operates under a reverse burden-of-proof basis, meaning that, unless the MoD has any contradicting evidence, the testimony of the veteran will be accepted. I think that is a crucial point to make to the noble Baroness.
My Lords, it is a vital condition attaching to payments under this scheme that they are exempt from income tax and, for DWP purposes, are to be disregarded in the calculation of means-tested benefits. According to Fighting With Pride, some veterans who, happily, have started receiving the payments, have reported that their benefits have been stopped on receipt of the funds. Will the Minister undertake as a matter of urgency to engage with his ministerial colleagues in DWP to ensure that that improper action ceases immediately?
I certainly will take that up. As the noble Baroness has said, these payments are exempt from income tax and from benefits. I am disturbed to hear from her that that does not appear to have happened in certain cases. My officials will read this, but I shall certainly take that back to the MoD and follow it up. If I write to the noble Baroness with a reassurance about what has or has not happened and put a copy in the Library, I think that will be helpful.
(1 week, 2 days ago)
Lords ChamberWe will see those documents in due course. Of course shipbuilding is going to be a part of future defence growth strategies. These are really important points, and I say again—because we are going to have to reiterate this—that this Government, the next Government and the Government after that are going to have to rebuild the ability of this country to build ships in shipyards in different parts of the country. That cannot be changed overnight: those shipyards will have to be rebuilt, and the apprentices trained. That is fundamental, and fundamental too to our national security going forward is sovereign capability; that is everything.
My Lords, in pursuit of the Minister’s laudable objectives, when will our successor shipbuilding tsar be appointed and what shipbuilding orders has the National Shipbuilding Office been involved in since July last year?
The shipbuilding tsar will be appointed as soon as possible—I cannot give the noble Baroness a date. The National Shipbuilding Office has been involved in a number of projects, not least, as I mentioned yesterday, the five Type 31s being built in Rosyth and the eight Type 26s being built on the Clyde. The National Shipbuilding Office has also been ensuring that the various departments across government recognise that they also have a responsibility to ensure that the ships they want are built as far as possible in British yards.
(1 week, 3 days ago)
Lords ChamberThe noble Lord is absolutely right and makes a very good point. There are some 25,000 to 26,000 defence-related jobs across Scotland and that will increase, I would suggest, with the increased expenditure that we will see. There are RAF, Army and naval bases across Scotland as well, but the important point to make is that the defence of the UK requires the integrated union that we have. That is what people in Scotland and the rest of the country support. The defence of those values is important; it is as important to the people of Scotland, whatever their political persuasion, as it is to the rest of the UK. The noble Lord is right to remind us that the defence of the UK, whether it is Scotland or elsewhere, is of importance to us all.
My Lords, I am always happy to talk about the SNP. Because of the SNP, Scotland is now the highest-taxed part of the United Kingdom, with many recruiters having to offer compensatory packages to attract high-calibre personnel to Scotland. Have the Government consulted with our Scottish industry partners on what effect these higher levels of taxation are having on them?
I will check to see whether we have specifically consulted about the levels of taxation, but we will consult with Scottish industry and the broader UK industry about how we ensure that we get the defence industry we need. One of the present challenges is that we need to rebuild our defence industry—to rebuild our steel industry, for example, to ensure that we have the domestic sovereign capability to do the things we will need to do in the event of conflict.
I would say to the noble Baroness, who knows Scotland far better than I do, that shipbuilding efforts on the Clyde as well as Rosyth are seeing huge numbers of ships, with eight Type 26 frigates and five Type 31 frigates being built there. Scotland and Scottish industry should be proud of the way they are contributing to the defence of our country. The Scottish defence industry, as well as the wider UK defence industry, plays a huge role in that.
(1 month, 1 week ago)
Lords ChamberMy noble friend raises an extremely important point about Iran and its proxies. We will continue to work with our international partners to hold Iran to account for its destabilising activity, the things that it has done in the Middle East and, indeed, the threats it poses on UK soil. To do that, the increased defence spending that we have announced today will help us to deal with this very real threat. Let Iran make no mistake: we will both deter and respond to any threat that it or its proxies pose to us. I thank my noble friend again for his question.
My Lords, the Government’s focus on defence and the further clarification of intended funding, as evident from the Chancellor’s Statement this morning, are welcome. While further detail about the additional funding and the phasing of the route to 2.5% by 2027 is needed, it is equally important to understand what liabilities may fall on defence; otherwise, we cannot make sense of the overall picture. Can the Minister say whether the cost of the Chagos deal is going to paid for by defence?
The Chagos deal is extremely important for our own security and that of the US. When the deal is finalised, it will be put before Parliament with the costings and then Parliament can debate it. The future of the base at Diego Garcia, which is crucial to us and our allies, is secured, and that is the important point of any deal that is finalised.
(1 month, 2 weeks ago)
Grand CommitteeI understand that, and I will come to the “no notice” point in a moment. I was simply pointing out to the Committee that, as the Bill stands, new Section 340IB(3) states:
“If the Commissioner proposes to exercise the power under subsection (1), the Commissioner must give the Secretary of State notice”.
The expectation is that the Secretary of State would then tell the commanding officer; however, sites can be excluded on national security grounds because a list will have been drawn up. But new Section 340IB(4) states:
“Subsection (3) does not apply, so far as relating to service premises in the United Kingdom”—
this goes to the point the noble Baroness, Lady Bennett, made—
“if the Commissioner considers that giving notice would defeat the object of exercising the power”.
As I say, in all this there is a balance to be struck between notifying the Secretary of State; the Secretary of State notifying the commissioner; the ability, however, to have “no notice” visits; and alongside that protecting national security and indeed personal safety. The noble and gallant Lord made the important point that you might want to protect an entire base or facility, and perhaps everyone would be more open to understanding why that base is excluded. But he also pointed out that it may be a question of protecting just part of the base, and even a commanding officer might not know some of the things going on there. So he raises an issue which we will need to come back to between Committee and Report, because it is important and we need to consider it.
I hope that, in addressing the issues and pointing out the various pathways to a visit by the commissioner—or not—I have shown that we are trying to balance the various demands in order to make the commissioner’s visits effective, to maintain national security, and to give no notice where appropriate, while being fair to the bases being visited. I have tried to answer noble Lords’ specific questions, and I hope that those remarks are helpful.
I will just read the formal points into the record, because I think that is helpful. On Amendments 13, 14 and 15 and the commissioner’s power of access to service premises, I thank again the noble Baroness for her characteristically thoughtful consideration of this issue, and indeed I thank the noble Baroness, Lady Bennett, and the noble and gallant Lord, Lord Stirrup.
As we have just seen, one of the challenges when drafting the Bill was ensuring that the correct balance was struck between the independence and power of the Armed Forces commissioner on one hand, and the power of the Secretary of State, notably to protect the interests of national security and the safety of individuals, on the other.
Although the commissioner has the power to enter service premises and prepare independent reports and recommendations, this is balanced with the Secretary of State’s ability to prevent the exercise of these powers in the interests of national security and personal safety, thus ensuring proper and responsible regard to delicate security issues surrounding defence premises. We believe that the Bill achieves this balance, and that to provide more prescriptive restrictions, such as the ones contained in the proposed amendments, may risk offsetting it.
We must also remember that much of the commissioner’s remit as set out in Clause 4 is solely focused on the general welfare of service persons and their families. The exercise of these powers can only be in pursuit of this issue. It is important that we keep that in mind when considering the role of the Secretary of State in restricting their powers.
In its current form, the Bill grants the commissioner discretion as to how much notice to give service premises ahead of the commissioner’s proposed visit. This could be within seven days, as the noble Baroness suggests, or indeed longer, and we anticipate that that will be the case for the vast majority of the time.
Creating a legal obligation on the Secretary of State to notify the commanding officer of each service premises that the commissioner has given notice of a proposed visit could risk creating a substantial administrative burden on the Secretary of State. It could also prove to be complex, given the multitude of service premises and personnel involved. This additional requirement could frustrate and delay the commissioner, making it harder for them to fulfil one of the most crucial elements of their role: to meet with our Armed Forces and their families in a timely way and to understand the realities of service life. However, we would expect the Secretary of State’s office to inform the relevant commanding officer when they are informed of an impending visit, as I mentioned to the noble and gallant Lord, Lord Stirrup.
Further, in its current form, the Bill deliberately provides that it is up to the judgment of the commissioner as to when giving notice would defeat the object of exercising their power of entry to service premises. Removing this and replacing it with two prescriptive circumstances when the commissioner would be able to conduct no-notice visits risks inadvertently precluding circumstances when no-notice visits would be appropriate. Furthermore, to place a legal obligation on the commissioner to inform the Secretary of State of all instances where and reasons for which they have exercised their discretion not to give notice of planned entry to a service premise would, again, add an administrative burden and could significantly infringe upon their independence.
However, I appreciate the noble Baroness’s concern that it would appear difficult for the Secretary of State to prevent the exercise of powers under subsection (1) of new Section 340IB, proposed by Clause 4(2) of the Bill, on national security grounds should the commissioner decide that a no-notice visit was appropriate. I assure the noble Baroness that we are working closely with partners in defence and across government to understand areas where the Secretary of State—and, where appropriate, the Foreign or Home Secretary—may wish pre-emptively to exercise the restriction power. For example, as the noble and gallant Lord, Lord Stirrup, said, access to certain parts of sites or the ability to take documents from certain terminals may be restricted. Given its sensitive nature, any such list will be a classified document; however, the sites in question and the commissioner would be aware of this in advance.
We will continue to engage with the relevant agencies during implementation. This will be accompanied by a communication and engagement campaign across defence to ensure that sites and personnel are aware of the commissioner and their remit. However, should the noble Baroness, Lady Goldie, and the noble and gallant Lord, Lord Stirrup, find it useful, I would welcome meetings with them to discuss this and other matters of national security in relation to the commissioner; that is an open invite to other noble Lords, should they also wish to attend.
I hope that this provides the necessary reassurance to the noble Baroness. On these grounds, I ask her to withdraw her amendment.
My Lords, not for the first time, a debate of brevity has actually been one of substance. I am grateful to the noble and gallant Lord, Lord Stirrup, and the noble Baroness, Lady Bennett of Manor Castle, for their contributions; I am also grateful to the Minister for his customary willingness to engage.
What has emerged is a concern—I detect that there is some sympathy with it—that the Bill has not quite got the balance right. However, I think that it is possible to find a workable solution. As I listened to the noble and gallant Lord, Lord Stirrup, it occurred to me that, if we are all trying to be too clever—I simply tried to follow and work with the grain of how the Bill’s draftsmen approached these provisions—he may have a more elegant solution. The simplest thing may be to ask whether the Secretary of State really must be brought into this, because what matters is that national security is not compromised.
I very much welcome the Minister’s invitation to meet before Report and would like to avail myself of that opportunity. I would be very surprised if we cannot find some pragmatic way to improve the Bill. It may be that, despite the noble and gallant Lord’s reservations about it, the list could well be a starting point in terms of reassurance that there are certain places that the commissioner will not be getting into.
If we go back to the view of the noble and gallant Lord, Lord Stirrup, that we dislocate at our peril the commanding officer of a base who has overall responsibility in law for the security and safety of that base, that might be a worthwhile starting point, from which you then turn the process around. If the commissioner says, “I’m coming”, the commander of the base says, “Not tomorrow, but you can come on Thursday”, and the commissioner says, “No, I want to come tomorrow”, at that point perhaps the Secretary of State can be brought in. But it seems to me that the critical practical issues are: what is going on in a location at a particular time, and could national security be compromised?
I am absolutely satisfied that there is an intelligent solution to be found. I would welcome the opportunity of a further discussion with the Minister, which I think colleagues who have contributed to the debate would find extremely helpful. In the circumstances, I beg leave to withdraw Amendment 13 in my name.
My Lords, what an important amendment the noble Baroness, Lady Goldie, has brought forward. It has enabled the noble Baroness, the noble and gallant Lord, Lord Stirrup, and the noble Lord, Lord Russell, to make the comments they have.
Let us start with the whole point of the commissioner. Obviously, we intend that the commissioner will have the power to investigate all the various issues and matters that noble Lords have brought forward in this Committee.
The noble Baroness, Lady Goldie, said, “I am not going to give up”. I say to her that she should not give up; nobody should give up. She was forthright on this matter when she was a Minister, as was the noble Earl, Lord Minto—indeed, as is every noble Lord in this Committee. When the noble and gallant Lord, Lord Stirrup, had the very senior responsibilities he had in the military, he, like all of us, was trying to tackle this behaviour whereby some are tarnishing the reputation of the whole of our Armed Forces, which utterly unacceptable.
I say to the noble Baroness that, as she will see as I make my remarks, some progress has been made as a result of the policies the previous Government pursued. As noble Lords know, I am a proud Labour politician, but I also admit where progress has previously been made. Is it good enough? Is it satisfactory? Of course not, as we have seen from Gunner Beck’s awful circumstances.
The demands made by the noble Baroness, the noble Lord, and the noble and gallant Lord—indeed, by every single person in this Committee and beyond—have started to change the culture, which is ultimately what this is about. Will these things stop? I wish I could wave a magic wand and stop every case of bullying, sexism and misogyny, but what I do know is that, if the role of the commissioner is passed as it is now, it will, along with the other reforms that have taken place, help us deliver what we want to do.
I absolutely take the point made by the noble and gallant Lord, Lord Stirrup, about training new recruits and how we protect and develop them. I know there has been controversy about Harrogate, but it has taken really powerful action to try to deal with that. There have been other instances that we can all refer to. The noble Lord, Lord Russell, is right: this is about trying to generate confidence in people so that they feel they can come forward.
There is also the countercultural point that people sometimes do not come forward not only because they are frightened but because that would somehow break the code—the unwritten rules. It is a nonsense. I used to teach, and you get this in schools, where people will not grass up others, even though they think what they did was wrong, because it somehow breaks a social norm. It is ridiculous and unacceptable, but each and every one of us knows that it is there. The real challenge for institutions, whether schools, offices or the Armed Forces, is how to generate that desire and will to come forward in what are sometimes difficult circumstances, because there is no excuse for that sort of behaviour.
Let me turn to the amendment on whistleblowing. I assure noble Lords that the Ministry of Defence already has a comprehensive whistleblowing system, for military and civilians alike, and it includes robust policy, procedural investigation teams and a confidential hotline, so the amendment is not required. What is required is asking, “How do you get people to use it? How do you get people to come forward? How do you get people to have that confidence?” The noble Baroness, the noble Lord and others who went before them introduced lots of different hotlines, confidential arrangements and changes, but the things that we do not want to happen are still happening. It is about driving things through to bring about that change.
As I pointed out to the noble Baroness, as a consequence of what has happened—noble Lords will know this if they have read the Defence Select Committee’s evidence from last week, and the First Sea Lord, Admiral Sir Ben Key, spoke about it in public, so it is out there—21 people have been discharged from Royal Navy service after a whistleblower flagged misconduct and inappropriate behaviour on board submarines. I repeat: the First Sea Lord said that, as a result of whistleblower policies currently in place, 21 people were dismissed from the Submarine Service.
Is that a solution? Is that the end of the problem? Does that mean that nothing terrible is happening or will happen? Of course not, but it shows that we must drive people to have the confidence to use the various procedures and systems that are in place. Otherwise, you can change anything, but, if people do not have the confidence that the noble Lord, Lord Russell, spoke about, they will not use it and will not come forward. So, as I say, this shows that demonstrable action is being, and will be, taken against those who have transgressed when people are willing to come forward.
The term “whistleblowing” can cover a range of issues much wider than general service welfare matters. The Government’s intention is to focus the commissioner’s remit on service welfare matters. However, I can further reassure your Lordships that nothing in the Bill precludes anyone from raising a general service welfare issue with the commissioner anonymously; nor does it prevent the commissioner acting on that information.
On maintaining anonymity, for all general service welfare matters raised with the commissioner, there is no obligation imposed by the Bill to disclose the identity of any individuals. Indeed, all defence personnel are protected in relation to whistleblowing under the Ministry of Defence’s “raising a concern” policy. I hope that what I have said about anonymity, whistleblowing and some of the things that are starting to change means that the noble Baroness will feel able to withdraw the amendment, but, again, I would be happy to discuss any of this with her—indeed, with any noble Lord—because it is so important.
It seems to me that the real challenge for us is around how we can give people, whether they are recruits or people who have been serving for a considerable period of time, the confidence and willingness to come forward and use the measures that are there. Knowing that they can do that both anonymously and in a way in which they will be treated with respect, seems to me the crucial part because, if that does not change, we can change the system but it will not actually deliver the result that we would all want. We are united in our desire to do something about that.
I look forward to the noble Baroness—along with the noble Lord, Lord Russell, and the noble and gallant Lord, Lord Stirrup—continuing to demand better of the system because that is what we all want to achieve and what we all want to happen. What is still happening is unacceptable; we want, and are determined, to do something about that. We think that the commissioner will help in this regard.
My Lords, again, this has been a short but very substantial debate. I thank the noble and gallant Lord, Lord Stirrup, and the noble Lord, Lord Russell, for their contributions—and, indeed, the Minister for his response. What is really encouraging is the unanimity of view that we can keep doing better. I am grateful to the Minister for his observations about the previous Government. From my engagement with him when he was the opposition spokesman on defence, I know how encouraging and supportive he was as we tried to bring forward much-needed change.
I will try to be as brief as possible. I had thanked the Minister for his kind remarks about the previous Government. It is the case that incredible progress has been made.
As I listened to the contributions, I was struck by two things. The noble Lord, Lord Russell, gave a realistic assessment of what we are dealing with on the ground at the moment. I said in my introductory remarks that we have to change culture, attitudes and behaviour, and that we will need more training—all of that—but, as we speak, there is probably a terrified young woman somewhere on an Armed Forces base who has been treated inappropriately and does not know what to do. I do not think that we can provide too many ventilation shafts, conduits or means for that young person, whoever they may be, to know that they can speak to someone and that they will be listened to in confidence. If that person is the Armed Forces commissioner and one of his or her responsibilities in the Bill is whistleblowing, that is fine. It seems to me that we cannot do too much to reassure our Armed Forces personnel.
I just want to reinforce the noble Baroness’s point about speaking in confidence. We need to get this point about anonymity across to people. Something that, I hope, comes across from the noble Baroness’s amendment, my response and the comments of others in the Committee is that people can do this in confidence or anonymously if they wish to come forward. That is a really important point.
I am grateful to the Minister. All I shall say in conclusion is that there is an opportunity here to provide another vent, shaft or conduit, which could provide immediate help to someone—we know not where—who, at this moment, is feeling insecure and uncertain as to what to do. If we pass a Bill creating an Armed Forces commissioner and enabling them to deal with whistleblowing, it is a public, tangible representation by the MoD of its willingness and desire to do its level best.
In the circumstances, I would very much appreciate discussing this further with the Minister, but, in the meantime, I beg leave to withdraw the amendment.
My Lords, I listened to the noble Lord, Lord Beamish. This amendment concerns an area of technical expertise that is way beyond my ken—although, when I was a Minister, Gibraltar was raised on numerous occasions in relation to legislation. I am not an expert, but I look forward to what the Minister has to say in response to what seemed to be very significant comments from the noble Lord.
I congratulate my noble friend Lord Beamish for his outstanding realisation that he was moving the amendment and for swiftly jumping to his feet to put forward some very important points.
Given that this matter is legal and technical, I shall read out the legal points, because some very important points are contained within them. The relevant piece that we are looking at is the extent points in Clause 6; that is what we are referring to. Although it is very technical and legal, is quite an important part of the Bill.
Amendment 24 relates to the application of the Bill to Gibraltar, and I thank the noble Lord, Lord Lancaster, for tabling it and my noble friend Lord Beamish for introducing it. It seeks to include Gibraltar alongside the other British Overseas Territories in the permissive extent clause of the Bill. While I understand that the noble Lord may be concerned about the exclusion of Gibraltar, I shall give him some reassurance.
My colleague, the Minister for the Armed Forces, met the Chief Minister of Gibraltar towards the end of last year. He was very welcoming of the Bill and confirmed that he is content to legislate in the Gibraltar Parliament on Armed Forces matters. In this case, UK and Gibraltar officials will now take steps to mirror the UK legislation in Gibraltar law, thereby continuing to demonstrate the close co-operation and collaboration between the UK and Gibraltar on all defence matters.
I take this opportunity to thank my noble friend Lord Ponsonby, who has responsibility for the Crown dependencies and overseas territories, for his recent letter to the MoD on these matters, in which he praised the approach of the department and expressed a desire to promote this across government.
I reassure the noble Lord and my noble friend Lord Beamish that although the Bill will not extend to Gibraltar, it will still apply to UK service persons subject to service law, and their families, wherever they are in the world. Members of a British Overseas Territories force, including the Royal Gibraltar Regiment, are subject to service law when undertaking any duty or training with UK Armed Forces. That also applies to other overseas territories, as my noble friend mentioned, provided they are subject to service law. It will also apply to UK Armed Forces premises worldwide, provided they fall within the required parameters set out in the Bill. I hope that that is of some reassurance to my noble friend, and I respectfully ask him to withdraw the amendment.
(2 months ago)
Lords ChamberThe noble and gallant Lord makes an important point on the importance of space and satellites. That case has been made with vigour to the defence review and we await the outcome of that. On the second part of the noble and gallant Lord’s question and his point about Scotland, of course it is important. Part of what we are saying with the growth in defence spending is that we need to ensure that there is an emphasis on UK manufacturing and on the regions and every nation of the UK, so that they too can benefit from that. It informs and helps develop the Government’s growth agenda.
My Lords, there is already in place a framework to develop a sovereign UK hypersonic missile, with £1 billion identified over a period of seven years. Given recent events, can the Minister say whether he agrees that the enhanced global security obligation now falling on the UK requires us to consider accelerating that programme? It will require more money. In that case, can the Minister reassure this House that, if the Chagos deal goes ahead, not one penny of the defence budget will be required to pay for that?
We will await the outcome of what happens on the Chagos deal. No deal has been made at the present time. On the £1 billion the noble Baroness referred to, this is in respect of the Missile Defence Centre which, as she knows, was established some 20 years ago and has been supported consistently by different Governments. The Missile Defence Centre looks at the capabilities that we have and will need. It was initially set up to deal with ballistic threats but has since had its remit extended to look at the threat we will have from hypersonic missiles as well. As such, I think it is important. And let me just say that, in terms of accelerating, I think we are going to have to accelerate a lot of our defence capability.
(3 months ago)
Lords ChamberTo ask His Majesty’s Government what engagement they have had with armed forces personnel whose children are currently educated at fee-paying schools to ascertain the impact on such families of imposing value added tax on school fees.
My Lords, the Ministry of Defence is continuing to monitor the impact of the Government’s change to VAT rules for private schools on service personnel who claim the continuity of education allowance. The Ministry of Defence recalculated CEA rates based on the new fees published by schools for January 2025, and this increased the income tax-free amounts available to claimants.
I thank the noble Lord. I am aware that the continuity of education allowance has been uprated, but that still leaves a parental contribution. What we do not know is by how much the parental contribution will increase as a consequence of VAT on school fees. Indeed, even the combined talents of Sherlock Holmes and Einstein would fail to penetrate MoD methodology on this issue. We know that Armed Forces personnel will have to pay more in school fees. Can the Minister answer a simple question? How much more will they be paying?
I thank the noble Baroness for her question. I will always check the figures and, indeed, check hers, as she will know. She will also know that the allowance contributes towards the cost of boarding school education, with the MoD paying a fixed rate of up to 92% of fees for children attending state-maintained schools and up to 90% of fees for those attending independent schools. I would say to her that, in essence, this is exactly the same policy as the previous Government had.
(3 months ago)
Lords ChamberMy Lords, last week I raised my profound concerns about the funding fog surrounding defence. Specifically on the Government’s fiscal policy, I want to ask the Minister the following questions. First, given the recent gloomy projection by the CBI on job losses, what discussions have the Government had with major defence suppliers to assess the impact of the NIC increase on their workforce? Secondly, if the Government really value our Armed Forces personnel, why are they landing families with the full impact of VAT on private school fees, when the continuity of education allowance will meet only part of that increase—and yet they are prepared to exempt United States armed forces personnel in this country from paying VAT on private school fees?
I thank the noble Baroness for her important questions. We are working closely with NATO in developing industrial capability. In particular, we are looking at how we develop interoperability between NATO partners—which, as the noble Baroness will know from her work, is an important consideration—to give us the capabilities we need.
The noble Baroness will know that the Government have increased the continuity of education allowance to meet 90% of the cost of school fees, which is line with the consistent use of that policy to meet school fees. On the US military exemption, the VAT rule applies to all businesses supplying services to US forces, so there has been no change in that regard.
(3 months ago)
Lords ChamberWe are supporting the SME sector by spending billions of pounds on defence. The noble Baroness makes an important point about the importance of small and medium-sized industries. We often talk about the primes—the really big companies— but they are often supported by small and medium-sized businesses, which are extremely important, along with ensuring we get investment across the country.
I will tell noble Lords the other thing that needs to be done. For decades in this country we have had a shortage of skilled workers and skilled apprenticeships, and certainly small and medium-sized businesses need help to recruit the skilled labour they need to deliver the products that they have on offer.
The final point I will make is that, clearly, we are now in a period of transition from pre Ukraine to post Ukraine. That obviously results in looking at who we are buying from and the sorts of things we are purchasing, and the defence review will deal with some of that as well.
My Lords, further to the point raised by the noble and gallant Lord, Lord Stirrup, it is the case that our defence industry sector has never been in greater need of the skills and talents of our brightest students, and the Minister failed to address the point specifically raised by the noble and gallant Lord. This House wants to know what are the Government doing to address the unacceptable intolerance whereby companies are hounded off campuses and barred entry to careers fairs? In particular, what are the Government doing to ensure that this obstruction to the supply of talent to the defence industry sector is removed?
I am sorry if I did not answer the point raised by the noble and gallant Lord. The point the noble Baroness makes is extremely important, and she asks what the Government have done about it. The Secretary of State for Defence, and I think the Business Secretary, wrote to the universities concerned and asked them to ensure that obstructive factions within the student unions in their universities did not prevent the legitimate recruitment, with respect to the RAF, and the legitimate activities of defence companies as well to try to recruit. It is extremely important for all universities to understand that of course we accept the right of students to protest, and all the rights and freedoms that come under a democracy—that is what we are standing for in many of the conflicts in which we are involved across the world. But with that comes the universities’ responsibility to do what they can to ensure that people pursuing legitimate activities—which will help the defence and security of our nation and our allies—are protected, and this Government will do all they can to ensure that they are.
(3 months, 3 weeks ago)
Lords ChamberMy Lords, the principal response to this threat in the Baltic is coming from NATO. May I press the Minister a little further on the contribution that United Kingdom naval assets are making to that endeavour? In particular, the planned multi-role support ship was always intended to be an important contributor to that. May I ask for a report on progress on that important new addition to the fleet?
If I understand the noble Baroness rightly and she is talking about the provision of a second additional ship to support and augment the ship “Proteus”, that will be part of the defence review. On the other assets that she talks about with respect to the Baltic, she will know that in December 2023, under the previous Government, a huge maritime collection of ships across NATO and JEF was sent to the Baltic, including UK maritime assets and UK surveillance aircraft. There was a further initiative in June 2024, again under the previous Government, and just recently we have had the announcement of Operation Nordic Warden, as I have said. All the way along, there have been significant UK contributions.
Another thing that is important, since we are often questioned about this, is that it is not only the contribution that we make in terms of our assets but the thought leadership, co-ordinating power and other leadership potential that the UK provides. Let us remember that it was in 2014, under the previous Government, that JEF was set up under UK leadership. It has worked particularly well. We should sometimes recognise what this country contributes to the defence of the world as well as some the challenges that face us.
(4 months ago)
Lords ChamberTo ask His Majesty’s Government what progress has been made in the technological advancement and modernisation of the United Kingdom’s air defence capabilities.
My Lords, the UK continuously reviews our integrated air and missile defence requirements to ensure that we are adequately defended against the evolving threats that we face. We are investing in new technologies, including the DragonFire directed energy weapon, to defeat threats such as drones, and enhancing our capabilities through the T45’s ability to defend against anti-ship ballistic missiles. Further development in IAMD capability is being considered in conjunction with the strategic defence review to ensure a coherent approach across defence and wider government.
I thank the Minister for his response. Recent very public concerns about our air defence capabilities have been amplified by our European and NATO partners. The urgency of the situation is highlighted by the experience of Ukraine. Government entreaties to await the SDR report simply do not cut it. Reassurance is needed now, but I accept that the picture is complicated so will the Minister write to me with a stocktake of the current situation and details of the modernisation proposals, whatever they are, and then we can place that letter in the Library?
I thank the noble Baroness for raising the incredibly important subject of air defence. She is quite right to point out the impact on Ukraine; 12,000 missiles have been fired at Ukraine by Russia, showing the importance of air defence now. It has been raised in report after report. I will of course write to her and put a copy in the Library, as a current stocktake of where we are, but we are already taking action. We are seeing the development of ORCUS and anti-drone technology to protect airfields; the enhancement of Sea Viper, which is the T45 missile that allows us to defend against ballistic missiles; and developments such as the DIAMOND initiative, which is bringing European countries together to get a ground-based air missile defence system. A number of initiatives are already being taken, but I agree with the noble Baroness. I will write to her so that we have a stocktake of that and so that the information is available to all Members of this House.
(4 months, 3 weeks ago)
Lords ChamberTo ask His Majesty’s Government, further to the remarks by Lord Coaker on 14 November (HL Deb col 1927), whether they are planning the fiscal event next spring which is to set the pathway to spending 2.5 per cent of gross domestic product on defence to take place before they publish the Strategic Defence Review.
My Lords, we remain committed to setting out a road map for defence spending to reach 2.5% of GDP. The strategic defence review is expected to complete next spring. We will set out the pathway to spending 2.5% at a future fiscal event.
I thank the noble Lord, and certainly, we have previously been told that the SDR will spell out what defence needs and that a spring fiscal event will confirm how and when we are going to pay for it. In a Written Statement yesterday, the Chancellor implied that there will not now be a spring fiscal event. Apparently, the OBR will publish in March an economic and fiscal forecast, to which the Chancellor will respond with a parliamentary Statement. This does not seem to be the same as a spending review. We need to cut through this fog of confusion. May I ask the Minister—I am very happy if he wants to double-check the position with the Treasury—will the forecast and parliamentary Statement to which I referred clarify when the 2.5% of GDP spend on defence will apply? If not, what will clarify it, and when?
(5 months, 1 week ago)
Lords ChamberI thank my noble friend for the question. We are working with our international partners, including the United States. Of course, we are trying to ensure that we have all the equipment that is needed to tackle any of these attacks that we face. Similarly, with respect to the aircraft carrier, I can say that a civilian drone was observed in the vicinity of HMS “Queen Elizabeth” on 22 November, but it got no closer than 250 metres. I can reassure my noble friend that we take all of this seriously, and we will work closely to ensure the safety of all our sites.
My Lords, I am aware that there is a series of very effective assets which can be deployed to air defence. I do not expect the Minister to comment further on those, but I will ask him, specifically, how the ground-based air defence system is progressing.
That is obviously a matter of real importance, and the defence review is looking at what we should do with respect to air defence in the round, including defence of the homeland, as the noble Baroness asks.
(5 months, 3 weeks ago)
Lords ChamberMy Lords, the Prime Minister and the Chancellor’s continuing dithering on when the Government will spend 2.5% of GDP on defence has caused stasis in the MoD, which does not know what it can spend and when, a stagnation of the order book and disgruntled industry partners. What orders are currently being withheld, what is their value and to what extent are other customers overtaking the United Kingdom in the queue for supplies?
I do not agree with that caricature of what is happening. The Chief Secretary to the Treasury said at the weekend, and it has been repeated since, that we will reach 2.5% at a future fiscal event in the spring. The defence review is looking at what capabilities we need and we will then set that in the context of the 2.5% as we move forward. That sequencing is the proper way for us to go ahead. As it stands, no major projects are being disrupted as a result of the review.
(6 months, 2 weeks ago)
Lords ChamberI may need to write to the noble Lord. I usually like to be able to respond directly to questions, but I do not want to get the planning process wrong or give the wrong answer on whether primary or secondary legislation is needed. I will respond to him with a letter to make sure that I am accurate and will place a copy in the Library so that it is available to all noble Lords.
My Lords, on 20 May 2021, the Conservative Government published an update on the submarine dismantling project, stating that 90% of the decommissioned submarine materials could be recycled. Is the Minister in a position to confirm that his Government are committed to retaining that target? On the experience of decommissioning HMS “Swiftsure”, which is very well advanced, can he also indicate whether there is any proposal to secure an engineering impact assessment to understand how the process for future submarines might be expedited?
I pay tribute to the work that the noble Baroness did to try to speed up some of these processes. She asked two very pertinent questions. For “Swiftsure”, we retained the 90% recycling target. She will know that once a decommissioned submarine such as “Swiftsure” is defueled, there is an initial phase that takes the nuclear material out. Then there is an intermediate phase, which is followed by dry-docking—which is where “Swiftsure” is—for the rest of the submarine to be recycled. We expect 90% of that to be recycled. The whole point of “Swiftsure” is that it acts as a demonstrator project so that we can learn from how that was done—what worked and what perhaps could have been improved—and then apply that to all the other submarines that have been decommissioned.
(6 months, 2 weeks ago)
Grand CommitteeMy Lords, the purpose of this order is to continue in force for another year the legislation that governs the Armed Forces Act 2006. That body of legislation provides the legal framework for our brave service personnel to continue to operate throughout the world wherever they are needed. The act of yearly renewal reflects the constitutional requirement, which stretches back to the Bill of Rights 1689, that His Majesty’s Armed Forces may not be maintained without Parliament’s consent. Further, there is a five-yearly renewal by Act of Parliament, which is the primary purpose of the Armed Forces Acts. The latest Armed Forces Act was in 2021 and the next is required by the end of 2026.
However, between these Acts there must be an annual renewal by Order in Council. This is the purpose of today’s draft order, which is necessary for the Armed Forces Act 2006, as amended by the Armed Forces Act 2021, to remain in force until the end of 2025. If the Order in Council is not made before the close of 14 December 2024, the 2006 Act will automatically expire, effectively ending the powers and provisions to maintain the Armed Forces as disciplined bodies.
As a reminder to noble Lords—and as many noble and gallant Members of your Lordships’ House will already know—those serving in His Majesty’s Armed Forces do not have contracts of employment and, therefore, have no duties as employees. Instead, service- persons have an obligation as members of the Armed Forces to obey lawful orders as set out in the 2006 Act, which provides nearly all the provisions for the existence of a system for the Armed Forces of command, discipline and justice.
If the Act were not renewed, commanding officers and the court martial would no longer have the power to punish or discipline servicepersons for infractions of the rules, irrespective of how minor or serious the matter might be. Discipline is fundamental to the operational effectiveness and efficiency of any professional military force. It ensures team cohesiveness and effectiveness, efficiency in executing orders and confidence in the chain of command, while encouraging and reinforcing self-discipline. Such qualities have proved vital in underpinning the professionalism and capabilities of our Armed Forces.
I acknowledge that, as of today, we inhabit a world that is more dangerous than at any time since the fall of the Soviet Union in 1991, witnessing as it has the return of great power politics. However, that is not to say that we are less safe. After all, we have seen the growth and strengthening of the Euro-Atlantic alliance, with new and powerful NATO members welcomed into its ranks, while we continue to support, equip and train Ukraine in its fight against Russia, which has witnessed Putin fail in every one of his strategic aims in that country.
In the Middle East, we continue to work closely with allies and partners on aid deliveries to Gaza, supporting the Lebanese army, training the Iraqi security forces and ensuring freedom of navigation. In the Indo-Pacific, we have AUKUS and GCAP working alongside our allies to ensure stability in that region and provide a strong deterrence to would-be aggressors.
No Government can do this without the men and women of our Armed Forces and the civilian staff who support them. We also cannot do it without Armed Forces’ families, who sacrifice so much and move so often to support our national security. We should also remember our veterans. As a Government, we have committed to strengthen the nation’s contract with those who serve, their families and, as I said, veterans, including by putting the Armed Forces covenant fully into law and by appointing an Armed Forces commissioner to be a strong, independent champion for serving personnel and their families.
Therefore, we ask that His Majesty’s Armed Forces receive the full support of this Committee with approval of this draft continuation order. This will provide a sound legal basis for our Armed Forces to continue to afford us their indispensable protection. With that, I beg to move.
My Lords—oh, I apologise to the noble Baroness, Lady Smith; I am so eager.
(6 months, 4 weeks ago)
Lords ChamberTo ask His Majesty’s Government what assessment they have made of the United Kingdom’s future combat air capability.
My Lords, our assessment of the future combat air capability we require is informed by consideration of the future threat environment and strategic context. Consequently, the Global Combat Air Programme has been designed to utilise advanced capabilities, including next-generation sensors, weapons and data systems. Networked interoperability with allies and partners will be key. In the meantime, we continue to invest in our current fleet, which remains highly capable.
I thank the noble Lord for that part-reassurance. The previous Government’s commitment to the Global Combat Air Programme—GCAP—was clear and we were doing it in partnership with Italy and Japan. However, with the best of intentions, the current Government’s position is opaque. Can the noble Lord at least reassure the House that the Government understand the need to plan now for a successor to Typhoon and the extent to which UK industry is supporting thousands of jobs across the UK—not least, for example, at Leonardo in Edinburgh—that depend on this programme proceeding?
(9 months, 2 weeks ago)
Lords ChamberTo ask His Majesty’s Government whether they have made any decisions to pause expenditure on Ministry of Defence programmes; and, if so, on which programmes.
Work continues on our programmes within existing allocated funding as the strategic review progresses. This review will consider the threats Britain faces, the capabilities needed to meet them, the state of the UK Armed Forces and the resources available. It will set out a deliverable and affordable plan for defence.
I thank the Minister and congratulate him on his appointment, and welcome him to the Front Bench. My Question was predicated on an already stretched defence budget and government opaqueness about the future. The commitment to spend 2.5% of GDP is very welcome, but we do not know when—it is jam for an uncertain tomorrow. The Leader of the House, the noble Baroness, Lady Smith of Basildon, said to this Chamber on Tuesday evening, referring to the strategic defence review, expected to report early next year, that it
“will inform how the amount is reached”.—[Official Report, 23/7/24; col. 424.]
The noble Lord, Lord Robertson, is deserving of much admiration, but his expertise is defence, not macroeconomics and certainly not Treasury fiscal wizardry. This is the Government’s most important responsibility; we have to stop pussyfooting around. How can there be any informed strategic defence review when the chief reviewer has not been told what the budget he is working on is?
I thank the noble Baroness for her welcome to the post; it is an honour to follow her, as well as the noble Earl, Lord Minto. We have made a clear commitment to 2.5%, and the timetable for that will be announced at a future fiscal event. Alongside that, as the noble Baroness will know, the noble Lord, Lord Robertson, is conducting the review. As we think is important, the noble Lord will come forward with the capabilities needed to meet the threats of the future, and then we will know what we should be spending the money on, rather than just flying blind, without any idea as to the threats we will face and the capabilities needed to meet them.