Armed Services: Claims

Lord Richards of Herstmonceux Excerpts

Thursday 24th November 2016 Lords Chamber

[Lord Richards of Herstmonceux (CB)]

My Lords, I too am most grateful to the noble and learned Lord, Lord Brown of Eaton-under-Heywood—and, I should say, fellow gunner officer, of which I am very proud—for giving the House this opportunity to debate a subject that is so important, perhaps deceptively so, to our nation’s ability to pursue its national interests in adversity. I also pay tribute to Policy Exchange, the London-based think tank, for putting so much wisdom and energy into this issue, and to my good friend the late Duke of Westminster in particular for backing the “Fog of War” project that resulted.

My ex-military assistant Tom Tugendhat and his colleague Johnny Mercer, both of whom sit in the other place, early on recognised the flaws in our nation’s stance and have done much to draw attention to them. For this is a much more important subject than, understandably, many outside the House might expect or wish it to be. If the defence of the realm is any Government’s most burdensome and important role—indeed, their first and primary duty—not understanding the constraints the law might apply on the execution of that role would be a grievous omission on Parliament’s part.

Today’s Armed Forces have never been smaller. The Royal Navy has fewer vessels than at virtually any time in its history. The Army last had so few people in its ranks in 1790. The RAF has never been smaller or possessed fewer combat aircraft. The wisdom of this situation in what is such a troubled and unstable world is a debate for another day, but limited numbers of people and platforms mean that the individuals on whom we depend in war must be particularly clear-eyed about their mission and fully committed to the often dangerous tasks with which they are charged. They must know that their country values them and, if things go wrong, that they and their families will be looked after. They must be confident in their superiors, right up the chain of command, including their political masters, and in their comrades. Erode this and at the very moment we most need them to act decisively and unselfishly, they will pause, with potentially deadly effect on them and those around them, and on the successful completion of their mission. Every single person, particularly in today’s very small Armed Forces, counts.

That is why I was so pleased that Prime Minister Cameron adopted the Armed Forces covenant. While many of the bureaucratic constraints on delivering the intent behind it need freeing up, much of real value has come from his initiative. I argue that a vital part of the covenant that reflects the moral contract between our country and its Armed Forces should be the issue under discussion in this House today. Our Armed Forces need to know that the Government will look after them should things go wrong in the heat of battle. The covenant is about more than ensuring the NHS gives due priority to our veterans or that councils provide housing for them when they return to their home towns. The certainty that government will protect them from being sued in the courts under inappropriate law is even more important, I promise noble Lords, than the morale of our fighting men and women.

What needs to be done? First, we must be prepared to derogate from the European Convention on Human Rights. I applaud the Government’s stated intention to do this, but I am keen to see the details of their strategy. Like other noble Lords, I wish to know when and in what circumstances it will apply. Is it automatic or dependent on a parliamentary consensus that may not be forthcoming on the day? Clarity on this issue is vital.

Secondly, as the noble and learned Lord, Lord Brown, proposes, the Government should reassert the primacy of the Geneva Convention in regulating and guiding the actions of our Armed Forces in conflict. This is also the view of the International Red Cross, which we should note. Have the Government any plans, where appropriate—I accept that there will be nuances—to adopt IHL over the ECHR?

Thirdly, notwithstanding the difficulties which I accept are involved in so doing, there is a crying need for retrospective action to lift the burden imposed on many hundreds of disciplined and loyal service men and women through flawed legal action taken against them under the ECHR for alleged crimes committed in Iraq and Afghanistan. This issue is critical to Armed Forces morale now and into the future. Beyond the injustice perpetrated on hundreds and probably thousands of fine people, action today as a sign of good intent is vital. Promises of jam tomorrow will not do. A failure to act retrospectively will lead to distrust and cynicism about how much confidence can be placed in future derogation plans. Do the Government intend to develop retrospective legislation to resolve this crucial issue? I would be most grateful if the Minister answered these questions.