Armed Forces

Viscount Trenchard Excerpts

Thursday 7th September 2023 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, I congratulate my noble friend Lord Soames of Fletching on giving us this welcome opportunity to debate defence. I declare my interest as honorary air commodore of 600 (City of London) Squadron, Royal Auxiliary Air Force, and as an adviser to Mitsubishi Heavy Industries Ltd. I agree with everything my noble friend said in his moving and inspiring speech.

I also agree with the noble Lord, Lord West of Spithead, in lamenting the Government’s inadequate commitment to defence spending. I understand that it is now proposed that the Army be cut to 73,000, although it has been reported in the media that it has been put under pressure to accept further cuts to an even lower level of 70,000, most of them to be borne by the infantry to provide more resources for the artillery, which has been heavily used in Ukraine and whose stockpiles are therefore somewhat depleted.

After Putin’s second illegal invasion of Ukraine, my right honourable friend Boris Johnson was quick to respond. We can hold our heads high in the world as a result. The decisive and strong response that the Government took at the time was widely recognised and crucial in bringing on board the ambivalent United States and the divided and lukewarm EU, several of whose member states were very slow to apply sanctions against the Russian regime.

I worry that my right honourable friend the Prime Minister has stepped back a little from the commitments his predecessors made to spend more on defence. His commitment to increase defence spending over the next two years by £5 billion was welcome, but his aspiration to reach a level of 2.5% “over time” was decidedly underwhelming. However, this increased spending is relatively insignificant compared with the £52 billion increase that Ben Wallace has spoken about. Besides, I understand that £3 billion of the increase, some 60%, will be deployed to meet the UK’s contribution to the AUKUS pact, a trilateral defence agreement with the United States and Australia. Could my noble friend the Minister tell your Lordships what her expectations are of the timeframe within which our defence spending will rise to a level of 2.5% or more?

I also welcome the growing interest of Japan in working ever more closely with AUKUS. There is a new alignment of four liberal democracies emerging, as Australia, Britain, Japan, and the United States increasingly align their security interests to contain and balance the growth of China’s influence and power. It is also highly relevant that we have joined forces with Japan and Italy to build the next-generation fighter jet, the Global Combat Air Programme, which brings together our Tempest project with Japan’s F-X project.

I want to say how sorry I am that General Sir Patrick Sanders has retired early from his position as Chief of the General Staff. As a former volunteer officer of the Royal Green Jackets myself, I am of course biased, but I know how highly regarded he was in all three services. I was impressed by his view that the Ukraine conflict has reminded us that military conflict is ultimately about holding land—and without enough troops on the ground, you cannot do that. Will the Minister confirm that the Government recognise that point and have taken it on board, as well as other lessons from the Ukraine conflict?

Lastly, based on my experience with my Reserve squadron, I also ask my noble friend for her thoughts on a question that is worrying the leadership of my squadron. How are both regular and Reserve forces in the future going to retain the crucial NCO cadre, who take 10 years to train, against a background where young people expect instant results and tend to change jobs and roles much more often?

Ukraine Update

Viscount Trenchard Excerpts

Monday 5th September 2022 Lords Chamber

[Baroness Goldie (Con)]

That is a very important question. As the noble Lord will be aware, we do not have Royal Navy deployment in the Black Sea, but I understand that we have been amenable to providing training on countermine measures and have offered support to Turkey if Turkey would find that helpful. As the noble Lord will be aware, Turkey has deployed the Montreux convention and therefore there is very restricted activity. However, I reassure the noble Lord that if help is required by Turkey and advice and help are sought from the UK, we will look at that very sympathetically.

[Viscount Trenchard (Con)]

My Lords, first, I thank the Minister for repeating the Statement. Secondly, I was delighted by the supportive stance taken by the noble Lords, Lord Coaker and Lord Newby. I think it is right that in his final day of office the Prime Minister should be acknowledged for his robust support and swift response to Russia’s illegal invasion of Ukraine and his leadership of the western world in the strong and continued response and resistance to the Russian invasion. Can the Minister tell the House how effective she thinks the sanctions on the Russian regime are? Are they effective or not?

[Baroness Goldie (Con)]

We understand that the sanctions imposed by the UK and our international partners are having deep and damaging consequences for Putin’s ability to wage war. We have sanctioned more than 1,100 individuals and 100 entities and, with our allies, have frozen around £275 billion-worth of assets. That includes oligarchs worth £117 billion. We have also announced new sanctions on Kremlin-imposed officials in the so-called Donetsk and Luhansk people’s republics. Russia’s GDP is expected to contract by 3.5% to 8.5% in 2022, but that is compared to a pre-invasion forecast of 2.8% growth. By 2026, Russia’s economy is expected to be 16% smaller versus the pre-invasion trend estimated by the International Monetary Fund. There is evidence that it is hitting Putin hard. Much more problematic is to know whether the message is reaching ordinary Russian people. There is evidence to suggest that, sadly, they are now beginning to experience the hardship of the consequences of Putin’s illegal war. It may be that with that, coupled with the tragic deaths of and injuries to the loved ones and relatives of many people and families in Russia, they may now be beginning to pose the question: what is this about and why are we doing it?

Royal Navy: Ships and Frigates

Viscount Trenchard Excerpts

Thursday 14th October 2021 Lords Chamber

[Baroness Goldie (Con)]

Of course everyone in the United Kingdom knows that there is a climate emergency, not least the Ministers of this Government. It is evident from the measures being brought forward how seriously we take that challenge. Modern engineering technology is greatly contributing to more efficient use of fuel and reducing emissions. In relation to the defence estate, which is massive, I have seen at first hand some of the excellent measures now being taken to optimise our contribution to improving the environment.

[Viscount Trenchard (Con)]

My Lords, it is very good to see that the Government are investing in national shipbuilding infrastructure, but we know that it will still be important to ensure best value for money through the highest levels of productivity. Does my noble friend see value in aligning these programmes with those of allies and partners who have similar shipbuilding ambitions? In addition to Canada and Australia, which have bought the Type 26 design, Japan’s naval shipbuilding programme has many similarities to the UK’s. Are the Government looking to build such synergies?

[Baroness Goldie (Con)]

We always keep a weather eye on what our friends and allies are doing. Our first responsibility in securing this nation is to ensure that we have these capabilities for production within the UK. My noble friend makes an important point, and it is one that we are alert to.

Armed Forces Bill

Viscount Trenchard Excerpts

2nd reading
Tuesday 7th September 2021 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, it is a great pleasure to follow the noble and gallant Lord, Lord Craig of Radley, who made some very good points in his excellent speech. I thank my noble friend the Minister for introducing this Bill and explaining its purposes. We tend not to debate often enough our Armed Forces and the proportion of our national income that they consume. The historical requirement to pass an Act every five years to maintain a standing army ensures that Parliament has more opportunities to debate the state of our Armed Forces than would otherwise be the case. It is particularly welcome that the Bill seeks to strengthen the Armed Forces covenant, which contains the Government’s promise that servicemen and women should not be disadvantaged in any way by their service and that special consideration may be appropriate on occasion, especially for those injured and those who have lost close family members.

It is good that the Bill makes provision for a new legal duty for public bodies to give due regard to the covenant. However, this applies only to local councils and some limited public bodies delivering housing, health and education. Could the Minister please tell the House why the Government and the devolved Administrations are exempted from this duty? Could she also explain why the list of relevant functions covered is so limited? It includes only housing, education and healthcare. The Royal British Legion, together with many other service charities, is asking for the duty to be extended to employment, pensions, compensation, social care, criminal justice and immigration, among other topics.

It is welcome that, with the Bill, the Prime Minister can rightfully claim that he has honoured the second of the three commitments together described as his “veterans pledge”, which he made in his letter to the Sun of 11 July 2019, to enshrine the military covenant in law. The first commitment was:

“To create an Office of Veterans Affairs within the Cabinet Office”.


The third—outstanding—commitment was to introduce legislation

“to end repeated and vexatious investigations into historical allegations against our servicemen and women—including in Northern Ireland”.

I recognise the highly sensitive and difficult nature of achieving this third objective, and I welcome the Government’s Command Paper, published in July, which I think all will agree constitutes progress. It points out:

“The decreasing likelihood of successful prosecutions is supported by evidence, which shows that between 2015 and 2021 just nine people have been charged in connection with Troubles-related deaths.”


It also notes that

“of these nine, just one person has been convicted.”

In particular, proposals for a statute of limitations, which would bring an immediate end to the divisive cycle of criminal investigations and prosecutions, would successfully deliver the Prime Minister’s third objective. Can the Minister tell the House more about the timescale to which the Government are working to achieve this?

As honorary air commodore in the No. 600 (City of London) Squadron of the Royal Auxiliary Air Force, I welcome the provisions introduced by Clause 9, which recognise and give effect to the fact that reserve or voluntary service today comes in many different shapes and sizes and that the legal framework required to support that needs to be much more flexible than has been the case in the past. The “whole force” concept, which blurs the distinctions between regular and voluntary service, also requires modification to the legal commitments required of our service personnel. My noble friend Lord Lancaster spoke wisely about this matter. It is right that reserve personnel are subject to service law for the entire time that they are in service, under continuous service commitments.

Together with other noble Lords, I am full of admiration for the loyal and tireless service given by all those involved in Operation Pitting. Nevertheless, I also agree with the moving speech of my noble friend Lord Robathan, who is not in his place. He was surely right to say that the badly damaged reputation of NATO, as a result of the Afghanistan debacle, means that now is absolutely not the time to make cuts to numbers of military personnel, ships or aeroplanes.

I take this opportunity to ask my noble friend the Minister whether she will also commend the great contribution made by the Reserve Forces to Operation Rescript, in combating the Covid-19 pandemic, which would otherwise have wrought even greater havoc on our lives. I welcome the Bill and look forward to supporting my noble friend in taking it through your Lordships’ House.

Overseas Operations (Service Personnel and Veterans) Bill

Viscount Trenchard Excerpts

Report stage
Tuesday 13th April 2021 Lords Chamber

[Lord Boyce (CB) [V]]

My Lords, Amendment 13 is about the six-year time limit imposed by the Bill on those who have been engaged on overseas operations, and the ability of such servicepeople to bring any grievances against the MoD after that time. As we have already heard, this would have the perverse effect of limiting the rights of individual service personnel by restricting their access to legal remedies for harms caused by their employers. This would not apply to their counterparts not engaged on overseas operations.

In Committee, the Minister’s comment that, based on past statistics, this might apply only in a very small number of instances was specious. The Armed Forces are all of one company and thus should all be treated the same. Even if only one person were to be affected, he or she should not be discriminated against. It cannot be just for such situations to be allowed, so I support Amendment 13.

[Viscount Trenchard (Con)]

My Lords, I had intended to involve myself deeply in the passage of this important Bill through your Lordships’ House, although I hesitate to speak on matters about which I am much less qualified to pronounce than the learned and gallant noble Lords who have made such a great contribution to our debates on the Bill. I have found it difficult to keep up with and to remain fully involved in this Bill as well as in the Financial Services Bill. For most of my working life, I have been a full-time banker; on the other hand, my military experience is limited. I was a TA soldier for 10 years and, more recently, have been honoured to act as an honorary air commodore in the Royal Auxiliary Air Force.

I very much welcome the Government’s decision to introduce the Bill and to deliver on our manifesto commitment to end vexatious legal claims. I also understand and agree with the Government’s intention in Part 2 to ensure that claims are brought sooner. This should mean that service personnel and veterans will not be subjected to criminal investigations that may be triggered by civil claims. I therefore cannot support Amendments 7 and 8 in the names of the noble Lord, Lord Thomas of Gresford, and the noble Baroness, Lady Smith of Newnham, which have the effect of wrecking this part of the Bill in its entirety.

However, I am impressed by arguments by the noble and gallant Lord, Lord Boyce, and the noble Lord, Lord Thomas of Gresford, that the courts should continue to be allowed to hear personal injury claims against the Crown even after the six-year time limit has expired. I know enough about the culture within the Armed Forces—a major reason for the high regard in which they are held—to agree that it may also create situations where someone may be told that he cannot make a claim, when actually he can, but he will still believe and accept that he cannot. I am therefore sympathetic to the purpose of Amendment 13 but look forward to hearing my noble friend the Minister’s response to the powerful arguments put forward in its support.

[Baroness Chakrabarti (Lab) [V]]

My Lords, I support these amendments, with a very strong preference for Amendments 7 and 8, although I understand that they will not be pressed; half a loaf is better than no bread. It is clear to me that a combination of rules and discretion is what the law is. This is the protection against arbitrary action, and I have heard no compelling argument whatever at any point in the proceedings relating to this legislation for limiting the discretion of the courts completely, particularly in the light of the sorts of cases described by my noble friend Lord Hendy.

However, I was interested in the newly expressed concerns of the noble Lord, Lord Faulks, about discrimination; his view of equal treatment under the law is novel to me. He seems to be concerned about discrimination in relation to a Bill, which he supports, that is inherently discriminatory. He is concerned about giving extra protection to a particular class of claimant—namely, veterans and personnel, who are supposed to be protected by this legislation. But he is not concerned, it would seem, about giving special protection to a class of defendants—the MoD, the Executive—which is the initiator of the legislation as well as the civil defendant. He is not concerned about giving special protection and limitations to criminal defendants in the military, but he is concerned to give the protection offered by Amendment 13 when it is not being offered to overseas civilians, yet he does not support Amendments 7 and 8. This is not levelling up; it is levelling down.

As I say, I would very much prefer Amendments 7 and 8 to be pressed, but in their absence I will support Amendment 13. The Government brought forward this legislation with a promise to give protection to service personnel and veterans but, instead, if they do not go along with at least Amendment 13, it will protect the Exchequer—the Ministry of Defence—from the very people that it claims to protect.

Overseas Operations (Service Personnel and Veterans) Bill

Viscount Trenchard Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 20th January 2021 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, I am grateful to my noble friend Lady Goldie for introducing this debate today and for following through on an important manifesto commitment. More than 600 British service men and women lost their lives in the conflicts in Iraq and Afghanistan. It is essential that we protect our Armed Forces from the growing number of vexatious legal claims that undermine the ability of our Armed Forces to achieve their objectives in what may be inhospitable and dangerous territory.

Furthermore, our Armed Forces are rightly renowned as the best in the world because they are well trained and well led, but the growing incursion of human rights legislation, and in particular the European Convention on Human Rights, into the area previously reserved for international humanitarian law has undermined the effectiveness of the military chain of command. This reduces the ability of a serviceman to claim that he was acting under orders and places on him an obligation to question whether an order his superior officer has given him is legal.

Paradoxically, and in spite of what opponents of the Bill argue, the incursion of human rights law into the military arena has increased the risks and dangers facing our service men and women on the battlefield. I was particularly struck by the evidence given to the Public Bill Committee in another place by General Sir Nick Parker, in which he repeatedly stressed the need for the Armed Forces to keep accurate records to ensure that any claim can be quickly and efficiently investigated. The Bill seeks to change the rules on prosecutions but does nothing to improve the efficiency and accuracy of investigations, which would deal with the problem of repeated investigations and vexatious claims.

The noble and learned Lord, Lord Hope of Craighead, is quoted in the frontispiece to the 2013 Policy Exchange paper The Fog of War by Tom Tugendhat and Laura Croft as saying:

“It is of paramount importance that the work that the armed forces do in the national interest should not be impeded by having to prepare for or conduct active operations against the enemy under the threat of litigation if things should go wrong.”


The noble and learned Lord did not mention this in his characteristically forensic speech earlier today, but I trust he still holds to his opinion.

Like the noble Lord, Lord Carlile of Berriew, I much look forward to the arrival in your Lordships’ House of Mr Dean Godson of Policy Exchange and to his future contributions.

Hilaire Belloc is quoted as saying in The Pacifist, published in 1938:

“Pale Ebenezer thought it wrong to fight,


But roaring Bill (who killed him) thought it right.”

My right honourable friend Theresa May had recognised in 2016 that we should derogate from the ECHR in future conflicts and said that the Government would put an end to the industry of vexatious claims that had pursued those who served in previous conflicts. Those who think that we should not derogate should acknowledge that the European judiciary looks at the law of armed conflict differently from the way in which our British judges traditionally have done. That is why the armed forces of many European countries are considered to be less reliable partners in conflict situations: their soldiers are not allowed to do anything warlike on the battlefield. As Policy Exchange suggests in its new paper, Clause 12 might usefully be strengthened by requiring the Secretary of State normally to derogate or account to Parliament as to why the Government have decided in any particular case not to derogate.

Both the five-years threshold and the exceptionality test give the impression that the Bill amounts to a statute of limitations, which it is not. Can the Minister explain why the exceptionality rule in Clause 2 is necessary given that other provisions in Part 1 specify the conditions that the prosecutor should consider? Should they not be taken into account at any time before or after five years have elapsed? Does the Minister not share my concern that the Bill may encourage the International Criminal Court wrongly to conclude that the UK is failing to discipline its own forces?

While in general I welcome the Bill and the Government’s resolve to address an undoubted problem, there are many questions which your Lordships will wish to examine in Committee, not least of which is the apparent illogicality of treating sexual offences differently from torture and other war crimes.

HMS “Queen Elizabeth”

Viscount Trenchard Excerpts

Wednesday 4th November 2020 Lords Chamber

[Baroness Goldie (Con)]

As I indicated to the noble Lord, I cannot comment on where the “Queen Elizabeth” is going, how she is going to get there or what route she will take. All of that will be unfolded to Parliament in due course. But the noble Lord makes an important point about the purpose of our military and naval capability. Certainly, I want to reassure him that HMS “Queen Elizabeth” will operate as part of a maritime task group, which will include allies and will be tailored to meet the required task. The destinations and precise number and mix of vessels deployed will depend on the operational circumstances in 2021.

[Viscount Trenchard (Con)]

My Lords, the deployment of HMS “Queen Elizabeth” to the South China Sea would show that Britain is prepared to make a contribution to the protection of freedom of navigation through the South China Sea, which is vital to protect rules-based free trade in the region. Does the Minister agree that our involvement in naval operations in Asia necessitates not only an increase in joint exercises with friendly nations, such as Japan, but deeper co-operation in procurement? Would she also agree that this strengthens the case to pursue opportunities to collaborate where such countries have similar requirements?

[Baroness Goldie (Con)]

I say to my noble friend that he is correct that the UK has enduring interests in the Indo-Pacific and south-east Asian regions. That is without prejudice to what the “Queen Elizabeth” may or may not do. But he is also correct to identify that we are committed to maintaining regional security, and we are certainly committed to asserting rights to freedom of navigation and overflight, as laid out in the United Nations Convention on the Law of the Sea. We continue to challenge any coastal nation’s excessive maritime claims.

Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2020

Viscount Trenchard Excerpts

Tuesday 3rd November 2020 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, I thank the Minister for introducing this debate on these regulations. I congratulate the noble Lord, Lord Dodds of Duncairn, on his excellent and interesting maiden speech. I look forward to hearing often from him on this and many other matters.

My noble friend explained the technical effect of these measures, and I welcome the increased confidence they bring that there will be no cliff edge as far as military procurement is concerned after the implementation period ends at the end of the year. It is welcome that the proposals will make it possible for the nation to decide its priorities for procurement partnerships in defence, removing the distinction of treatment between EU suppliers and other potential partners outside the EU. This will allow new partnerships to be formed. It was good to see the recent agreement with Australia in respect of its future frigate programme, and it should enable other potential partners, such as Japan, to be considered for future defence projects.

The fiscal challenges resulting from the Covid pandemic make it all the more important that we build new partnerships to share the escalating cost burden that each new generation of military equipment requires. In forming new procurement partnerships, we will be able to invest in the capabilities that the country really needs while taking advantage of the strengths that new partners can bring.

These regulations permit the Government to abandon the requirement to offer all defence procurement projects, and indeed other procurement projects, equally throughout the EU, unless there are good reasons for exemption on national security grounds. It is right that this exemption will still apply going forward, and it is highly desirable that the UK should possess competitive, world-class shipbuilding and aircraft manufacturing industries.

However regrettable it may be, at present, UK employment costs and productivity do not compete with global norms. It is important that political objectives to maximise UK involvement should be balanced against the overriding need to procure the best equipment at the best price and on time.

On 7 October, I asked the Minister if she could confirm that in the new fleet solid support ships programme, the priority would be best value for the UK defence budget. She confirmed that she was assessing the interest of those parties that had responded to the information notice process, but I do not think she made it clear that best value is the most important factor on which the contract would be awarded.

There is growing alignment between the aspirations of Japan and the UK interests in defence equipment. We know Japan also wants to build two or three similar support ships in the same timescale. At the same time, there are indications that Japan is increasingly looking at the UK as a potential partner in its future fighter programme. Does the Minister agree that the prospects for creating sustainable, competitive defence equipment industries in the long term would be enhanced by working together with partners such as Japan, not by applying too-prescriptive domestic content criteria or a requirement that there be a sole prime contractor, which must be a British company? Would not a partnership of British and foreign companies often provide the best way forward for such contracts, which become ever more expensive?

I look forward to other contributions and the Minister’s reply.

Armed Forces Personnel from Commonwealth Countries

Viscount Trenchard Excerpts

Tuesday 20th October 2020 Lords Chamber

[Baroness Goldie (Con)]

I thank the noble Lord for his kind remarks—he perhaps attributes to me greater powers than I actually possess. He is right to emphasise the significance of the issue, and I reassure him that I do not have to reiterate that to the department. There is active work under way, and I hope that something positive will emerge from that.

[Viscount Trenchard (Con)]

My Lords, does my noble friend not agree that, as an interim measure, Commonwealth service personnel should be granted exemption from visa fees and immigration controls for a grace period of, perhaps, two years after leaving the service, so that they may seek employment, claim benefits and register with a GP?

Fleet Solid Support Ships

Viscount Trenchard Excerpts

Wednesday 7th October 2020 Lords Chamber

[Baroness Goldie (Con)]

I feel slightly wounded by the noble Lord’s charge; I shall try not to take it personally. Of course, there was disappointment at the paucity of interest when the contract was originally put out. I think that it is now recognised that there were perhaps reasons for that. An internal review then carried out by the Royal Navy was helpful in ascertaining exactly what the role of the fleet support ships was to be and what they were meant to do, particularly in relation to the carrier strike group. Based on that review, we were able to make informed decisions as to the approach that best represents what we need to make a success of that support role. As he may be aware, the prior information notice, which set out the details being sought, indicated that there is a revised design for the ships. I am pleased to say that, in response to that notice, there has been a very healthy level of interest.

[Viscount Trenchard (Con)]

My Lords, will the Minister confirm that in the new support ships programme the overriding priority will be best value for the UK defence budget? Might this involve giving orders to consortia, including British and foreign companies working together? Has the impact of any delay in delivery of new ships beyond the end of the service life of Royal Fleet Auxiliary “Fort Victoria” been costed?

[Baroness Goldie (Con)]

We are aware of the scheduled end of service for “Fort Victoria”, which is in 2028. We are satisfied that we can make the necessary arrangements to continue the support which will be required. On delay, as my noble friend will be aware, the National Audit Office has made it clear that it is too early to say what impact stopping the original competition process might have on the entry into service of the fleet solid support ships. We will seek to mitigate any delay, and we shall certainly assess—as we are currently doing—the interest of those parties which have responded to the prior information notice process. We hope to proceed to make further information available to Parliament on the procurement strategy.