Gulf of Oman and Strait of Hormuz: Merchant Shipping

Lord Foulkes of Cumnock Excerpts

Tuesday 18th June 2019 Lords Chamber

[Earl Howe]

I should correct the noble Lord on one point. Contrary to some media reports, we have not deployed any additional forces to the region as a result of the latest attacks. I completely understand why the noble Lord asked about rules of engagement, but I hope that he does not expect me to set out what those rules are. However, I can assure him that appropriate force protection measures are in place and are subject to regular review as the situation evolves.

[Lord Foulkes of Cumnock (Lab Co-op)]

Can the Minister confirm that the Secret Intelligence Service, MI6, has been very helpful in this area and that we should be proud of all its work, whatever the Daily Telegraph may say about a potential Tory leadership candidate?

[Earl Howe]

The noble Lord will understand that I cannot comment on security matters, but I can tell him that investigations into the incident in the Strait of Hormuz are ongoing. Further information should be forthcoming in due course.

Afghan Interpreters: Security Clearance

Lord Foulkes of Cumnock Excerpts

Monday 17th June 2019 Lords Chamber

[Earl Howe]

Yes, I agree very firmly. The Government remain grateful to all locally employed staff who played pivotal roles in Afghanistan. Many served bravely alongside our military forces on patrol in dangerous situations and we regret deeply that some had to pay the ultimate price for freedom. We use our best endeavours to expedite these assessments as quickly as possible, but my noble friend will understand that sometimes it is important to get to the facts of the case, which does take some time.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, with respect to the Minister—whom we all respect—this has been dragging on for a very long time. Can he confirm when it was first raised?

[Earl Howe]

The issue raised by the noble Baroness, Lady Coussins, was brought to our attention only in the Times report. Of course, the wider issue of the packages available to former Afghan interpreters has been long-standing, but I believe the Ministry of Defence has a very good case to present.

Armed Forces Act (Continuation) Order 2019

Lord Foulkes of Cumnock Excerpts

Wednesday 20th February 2019 Lords Chamber

[Lord Morris of Aberavon (Lab)]

My Lords, I do not know how often we debate the consequences of the Bill of Rights 1688, but, as the noble Earl said, this is one of them. The Bill prohibited a standing army without the consent of Parliament—a reaction, I suspect, to Cromwell’s stewardship.

When I was a young MP, we had an annual Army Act, which provided an opportunity to raise any issue concerning the Armed Forces. It was a day out for old warriors, from Colonel Wigg up or down, as the case was, to bait Jack Profumo, Christopher Soames and other War Office Ministers. I joined in, despite my limited experience as a Welch Fusilier subaltern, whose occasional job was to be in charge of 10 men, fully armed, taking the night train from Hanover to Berlin, with the blinds down, in order to assert our right to go from the British zone to the Berlin sector. Fortunately, World War III did not break out. Now, instead, we debate annually a statutory instrument, as the Minister said, with the same opportunity to raise any issue concerning the Armed Forces.

The 2006 Act is subject to a quinquennial review, and the next Bill will be in 2020. Knowing this, and following the case of Sergeant Blackman, I took the opportunity to alert the Ministry of Defence to my concern with some aspects of the court-martial system. I did this through Questions in September and October 2017, and a short debate in November 2017. I thought that my dual experience as both a Defence Minister and Attorney-General might be useful.

I was fortunate in my timing with the reply from the Minister, the noble Baroness, Lady Goldie, who said that,

“the Government have decided that the time is now right for an independent and more in-depth look at the service justice system so that we can be assured that it is as effective as it can be for the 21st century”.—[Official Report, 23/10/17; col. 766.]

I was not alone in criticising some aspects of the court-martial system. Indeed, the Judge Advocate-General, Judge Blackett, did exactly that, and I pray in aid his comments.

The MoD moved with unparalleled speed after I raised the issues in the House—I suspect that the noble Earl, Lord Howe, was behind this—by appointing a retired circuit judge, the former Chief Naval Judge Advocate, His Honour Judge Shaun Lyons, to conduct the review. I was fortunate, through the good offices of the noble and learned Lord, Lord Thomas of Cwmgiedd —the former Lord Chief Justice, as we all know—and the noble Lord, Lord Thomas of Gresford, to meet Mr Lyons and to raise with him some of the issues. The noble Baroness, Lady Goldie, said in the November 2017 debate that,

“we look forward to the report of his review in around a year’s time”.—[Official Report, 23/11/17; col. 390.]

Specifically I ask, now that we are in February 2019— 15 months on—and because there has been no public consultation, could noble Lords see the report if it is ready now, before any more work is done on the next Bill?

As the Attorney-General, I initiated and signed a protocol deciding, in those cases where civilians are involved, the most appropriate judicial machinery. I trust that the protocol is working well. Given the reduction in the size of the Armed Forces, despite the fact that various courts have held military courts to be human rights-compliant, there is a case for bringing military courts more into line with civil courts, particularly for the most serious cases, which are my concern. Experienced military prosecutors will ensure that the services’ general discipline needs will be protected. I emphasise that it is the most serious cases, such as murder and rape, which should be tried by a jury, with a judge appointed by the President of the Queen’s Bench Division, who allocates members of the High Court Bench for the more serious cases in our courts, where he or she sees the need. This should be a routine matter as opposed to an occasional departure. The very fact of the rarity of murder and rape cases reinforces my view that an unfair burden is imposed on the judge advocate when such cases are the day-to-day business of High Court judges, who deal with these matters, and licensed senior circuit judges.

The membership of the court martial is hierarchical, and I am told that the most junior member is asked to express his conclusions first. This is not an easy task for a junior member of the court martial, who might be sitting for the first time. Secondly, court-martial verdicts are decided by a majority. You can be convicted of murder or other serious offences by a three to two verdict. This is hardly 21st-century stuff. Thirdly, the voting is secret. In New Zealand in recent years, using the UK system as a model, they have decided that convictions must be unanimous. In our civil courts, there are strict procedural rules for juries to endeavour, first of all, to reach a unanimous verdict and, if they fail to do so, to reach a verdict by a majority of 10 to two where there is a jury of 12. Lastly on that point, the voting figures are made known to the public, to the court and particularly to the accused.

I trust the review will address the problems which I raised in some detail in 2017, and be bold despite the findings in the past on human rights compliance with the existing procedures; and also fulfil the Government’s aim, as the noble Baroness said in November 2017, of a court-martial system that is effective and also fair, in my words, for the 21st century.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I thank the Minister for his exceptionally helpful introduction to this important issue. As he said, this is a vital matter, which we review through an Act every five years and a renewal every year. It illustrates the fact that this is a parliamentary democracy in the United Kingdom. Sometimes, some people, particularly down the other end, forget that this is a parliamentary democracy; Parliament’s role needs to be emphasised, as it is in this continuation order. It is much better than a presidential system, where the president is the commander-in-chief and has more extensive—almost unlimited—powers than the head of Government in the United Kingdom, in a parliamentary democracy. I welcome that.

I want to take the opportunity to raise a related matter. I thank the Minister for his recent excellent written replies regarding an accident that took place in Scotland on 1 September 1994. Someone who saw his replies remarked, “These are exceptional”. Normally, written replies from Ministers, particularly in the House of Lords, are scanty, whereas these were full and helpful.

The incident took place on 1 September 1994 when RAF Tornado ZG708 crashed on a low-flying exercise. Flight Lieutenant Peter Mosley, the pilot, and Flight Lieutenant Patrick Harrison, the navigator, were both killed instantly. The nephew of one of the flight lieutenants, Jimmy Jones, has written to me again. I raised this issue in the other place in 1994 when I was a Member of Parliament and I have raised it on a number of other occasions, because the board of inquiry into the accident was completely inadequate and the relatives received no explanation of why their loved ones were killed and no indication of the cause of the accident.

In Scotland, as the noble and learned Lord, Lord Keen of Elie, will know, the fatal accident inquiry procedure does not commence automatically in relation to such incidents, and there was no such inquiry. This is an astonishing situation. I do not know if the noble and learned Lord, Lord Hope, recalls the situation but he will certainly know the general legal framework in Scotland, where we do not have automatic FAIs into these military accidents. It seems a strange anomaly.

In thanking the Minister for the written replies, I ask him now, in the light of the plea I am making, to pursue this matter further with the Scottish Government and the Law Officers in Scotland to see whether something can be done, even at this late stage, to satisfy the relatives’ concerns. It is important that we are seen to be fair to these two men, who were prepared to fight, and ultimately to give their lives, on behalf of the United Kingdom. We should give some explanation to their relatives.

I would like to return to some of the provisions of the order. It says:

“The territorial extent of this instrument is the United Kingdom, the Isle of Man and the British Overseas Territories except Gibraltar”.


Why is Gibraltar excluded? Our soldiers, sailors and airmen presumably serve there. They may be covered by some Gibraltar legislation, but it is important to know why Gibraltar is excluded from the order. I think that is my only question.

Counter-Terrorism and Border Security Bill

Lord Foulkes of Cumnock Excerpts

3rd reading (Hansard): House of Lords
Tuesday 15th January 2019 Lords Chamber

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, I will also speak to the other government amendments in this group.

Government Amendments 1 to 4 return to the issue of the proper scope of the new designated area offence provided for in Clause 4. I thank the Opposition for their constructive approach to this provision. It was clear from our earlier debates that there was general support for the principle of a designated area offence to help protect the public from a real terrorist threat, such as we have seen as a result of UK nationals and residents travelling to conflict zones in Syria and Iraq. The area of dispute was how we protect those who have a legitimate reason for travelling to a designated area.

On Report, the Government sought to provide greater reassurance by building on the existing reasonable excuse defence and setting out an indicative list of such excuses. However, your Lordships preferred an alternative approach, put forward by the noble Lord, Lord Rosser, which excludes from the scope of the offence travel to a designated area for one or more specified purposes. The list of such specified purposes matched the Government’s list of indicative reasonable excuses, but with a power to amend the list of specified purposes by regulations.

It is clear that, while the Opposition and the Government took different approaches to the challenge, we were ultimately striving to achieve the same result. I am pleased to say that, on reflection, the Government are content to accept the approach put forward in the Opposition’s amendment. Having consulted our operational partners, we consider that this change would not materially affect the operation of the offence. Indeed, noble Lords will recall that, on Report, I indicated that, from the perspective of an individual returning to the UK from a designated area, the two approaches would, in one sense, not look very different. Either way, the police would still need to investigate to determine whether, under one approach, an exclusion from the offence applied or, under the other, whether the subject of the investigation had a reasonable excuse.

I also reminded your Lordships that the police have made very clear that they will investigate any person returning from Syria to establish what risk they may pose to the public, given the high level of terrorist threat associated with that region. It seems reasonable to expect that this is likely to be the position in relation to any area that might be designated in the future under this power, as part of the police’s basic responsibility for protecting the public. This is aside from the question of whether a person returning from such an area may have had a legitimate reason for travelling under Clause 4. I accept, however, that an individual with a legitimate reason for travelling to a designated area would take greater comfort from knowing that they had not committed the offence in the first place than from knowing that they had a defence to the offence.

The Government must ensure that the law is as clear as it can be. These four amendments will help to achieve this. Amendment 1 is intended to make explicit in the Bill that there are exemptions from the offence—namely that an individual would not commit an offence if they leave a designated area within one month of the area being designated; that an individual enters or remains in a designated area involuntarily; or that an individual enters or remains in such an area in connection with one or more specified purposes.

Amendments 2 and 4 simply ensure that, consistent with the drafting of the Terrorism Act 2000, the parliamentary procedure for the new regulation-making power is set out in Section 123 of that Act rather than in new Section 58B. This in no way changes the operation of the regulation-making power or the parliamentary process for approving regulations made under it.

Finally, Amendment 3 provides for a definition of “terminally ill” where a person enters a designated area to visit a terminally ill relative. This point was raised by the noble Baroness, Lady Hamwee, on Report. This amendment will provide greater clarity for individuals who may pray in aid this reason for travelling to a designated area.

[Lord Foulkes of Cumnock (Lab Co-op)]

Before the Minister sits down, I want to raise a particular point about the amendment: why six months? Why was six months chosen rather than three months, a year or any other period? I wondered whether there was a clear medical or legal reason for that or whether it was just taken out of the hat. What is behind the choice of six months in particular?

--- Later in debate ---

[Lord Paddick (LD)]

My Lords, we thank the noble Baroness, the noble Earl, and their Whips and officials for the way in which they have, at least to some extent, listened and responded to the concerns that we have raised. It was interesting, having been completely opposed at one stage, to find a government amendment in accordance with the arguments we had made coming in at the next stage of the Bill, but surprises are sometimes good ones.

However, we are still concerned that a dangerous precedent is being perpetuated by this Bill adding to the list of criminal offences where those acting completely innocently commit an offence for which they can be arrested and charged, and only have a defence once they have been charged. We note that the Government, in accepting the Labour amendment excluding people with legitimate reasons from the scope of the designated area offence, recognise those concerns to some extent. Perhaps I should say to the noble Lord, Lord Carlile of Berriew, with whom I jousted on this issue, that this is a matter to which we will return when we debate the Offensive Weapons Bill in the coming weeks.

We are still concerned about people being criminalised by this Bill for what they think rather than what they do, or for being foolish or unwitting; that people can be detained at our borders without any reasonable grounds for suspicion; and that, in the exercise of these powers and the operation of Prevent, black and minority ethnic people and Muslims may be unfairly targeted. We believe the Bill amounts to a further erosion of civil liberties, and that is something the Liberal Democrats will continue to fight to prevent.

[Lord Foulkes of Cumnock]

Before the noble Lord sits down, I would like to ask him whether he would have been able to give that speech in exactly the same way when the Liberal Democrats were part of the coalition.

[Lord Paddick]

My Lords, I am grateful for the question. All I can say is that it is a hypothetical question and I did not hold a Front-Bench position during the coalition.

RAF: Operational Conversion Unit

Lord Foulkes of Cumnock Excerpts

Tuesday 8th January 2019 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, perhaps the Minister will consider reopening the base in Belize as part of the reconsideration? I declare an interest as president of the All-Party Group for Belize.

[Earl Howe]

My Lords, we recognise the utility of Belize as a training area, and it is indeed one of the options we are looking at.

Strategic Defence and Security Review

Lord Foulkes of Cumnock Excerpts

Monday 21st November 2016 Lords Chamber

[Earl Howe]

My Lords, the Army Reserve, as it is now known, is currently 28,080 and our target is to reach 30,000 by 2020.

[Lord Foulkes of Cumnock (Lab)]

My Lords, on configuration, why do we have 40 admirals and all their attendant costs? Would not that money be better spent on the front line?

[Earl Howe]

My Lords, I would refer the noble Lord and noble Lords in general to the Written Answer I gave on that very subject the other day, which explains that the number of admirals should not be taken in the context of the Royal Navy alone but in the much wider context of our NATO commitments and other commitments around the world.

Defence Estate

Lord Foulkes of Cumnock Excerpts

Monday 7th November 2016 Lords Chamber

[Earl Howe]

I am grateful to my noble friend. In a sense, considerations for the Reserve Forces cannot be separated from those for Regular Forces because, with the whole force concept, training is now taking place with regulars and reservists side by side, which is entirely appropriate. I am aware that Bassingbourn’s future use has been the subject of a great deal of speculation, but I cannot inform my noble friend in detail about the site. Again, if I can enlighten him in writing I am happy to do so.

[Lord Foulkes of Cumnock (Lab)]

My Lords, will the Minister confirm that the welcome announcement about the development of an infantry centre in Edinburgh, the improvements at Lossiemouth, his earlier announcement on the Royal Regiment of Scotland and the announcement made last week about the frigates on the Clyde are all possible only because the people of Scotland two years ago rejected separation, and that it is part of the welcome union dividend?

[Earl Howe]

The noble Lord makes a very good point, and I agree. It enables us as a department to commit to an enduring defence presence in Scotland through a number of programmes. As he is aware, we have now committed to building eight type-26 global combat ships on the Clyde. We are investing more than £500 million in the infrastructure and capability of the naval base at Clyde as it becomes the home of all Royal Navy submarines by 2020. We are investing in the expansion of RAF Lossiemouth, so that it will be home to at least one additional Typhoon squadron, as well as the maritime patrol aircraft. We are investing in concentrating some Army capabilities in Leuchars Station. That will improve access to suitable training areas. Across a whole range of projects, Scotland will benefit.

War Pensions: Uprating

Lord Foulkes of Cumnock Excerpts

Monday 11th January 2016 Lords Chamber

[Earl Howe]

My Lords, the triple lock applies only to the basic state pension. Members of the Armed Forces will therefore benefit from the triple lock once they reach state pension age, but there are broader issues to be considered here. One is that maintaining parity with social security disability benefits is in principle the right thing to do, but secondly, there is the affordability issue. As a Government and, I believe, as a nation, we have to stick with the long-term economic plan and we have to continue to live within our means.

[Lord Foulkes of Cumnock (Lab)]

Is the Minister not surprised that no Conservatives are rising to their feet to defend our servicemen? They are quite prepared to go along and lay a wreath and to go on marches, but when it comes down to it, the Minister gave it away: he said the word “affordability”. These are people for whom we must afford to uprate their disabled benefits, along with pensions; otherwise, we are really not honouring the memory of those who died for our country and served it so well.

[Earl Howe]

As I have explained, we do uprate the war pensions scheme, in line with the CPI, which is exactly the measure used by the DWP for all disability benefits, so those people are not disadvantaged.

Royal Navy

Lord Foulkes of Cumnock Excerpts

Thursday 5th November 2015 Lords Chamber

[Earl Howe]

My Lords, I am sure the Russians are in no doubt of the capability that the Royal Navy can demonstrate. The Royal Navy has a robust range of measures in place for detecting and shadowing non-NATO naval units which may seek to enter our territorial waters without prior authority. We continue to develop new detection capabilities to maintain the operational advantage that we need. The strategic defence and security review currently under way will allow us to assess the full spectrum of submarine detection capability, including the utility of fixed-wing maritime patrol aircraft.

[Lord Foulkes of Cumnock (Lab)]

My Lords, my noble friend has revealed how many operational ships there are in the Royal Navy. Will the Minister tell us how many admirals there are?

[Earl Howe]

As with manning numbers on ships, the number does vary. I will write to the noble Lord.

Defence: UK Territorial Waters

Lord Foulkes of Cumnock Excerpts

Tuesday 24th March 2015 Lords Chamber

[Lord Astor of Hever]

My Lords, the severe pressure on the public finances in 2010 and the urgent need to bring the defence programme into balance meant that we could not retain all our existing programmes and that we had to prioritise between capabilities. The aircraft’s future high support costs were a clear factor in that decision. It is also well known that the MRA4 project suffered from repeated delays and cost overruns, and was still suffering from technical problems in 2010.

[Lord Foulkes of Cumnock (Lab)]

My Lords, further to the Minister’s answer to my noble friend Lord Soley, we all understand that defence is a reserved matter, but would it not be sensible to let the First Minister of Scotland know the threats from Russia so that we get a more sensible policy in relation to the Trident nuclear deterrent?

[Lord Astor of Hever]

My Lords, the noble Lord makes a very good point and I will make sure that my department passes that on to the Scotland Office.