NATO

Earl Attlee Excerpts

Tuesday 2nd April 2019 Lords Chamber

[Earl Attlee (Con)]

My Lords, I am grateful to the Minister for so skilfully introducing today’s debate. He has painted a rosy picture, and in many respects, he is entitled to, because there is a good story to be told. As noble Lords have observed, the UK has a record to be proud of, and I am sure we will continue to be a stalwart supporter of NATO. I agree with everything that my noble friend has said—in particular, his assertion that the importance of NATO is increasing. The noble Lord, Lord West of Spithead, touched on the risk of war. He contrasted our naval military situation at the end of the Cold War with our parlous situation now. Being ill prepared for the unexpected—the noble Lord, Lord Patten, referred to dogs that bark in the night—is a sure recipe for being confronted by unexpected conflict. I have said before that at some point, we will get our posterior kicked hard. If the noble Lord, Lord West, cannot succeed in getting the British public to understand that point, I have no chance.

I have some humble, direct experience of NATO. In the halcyon days of winter 1997-98, when the noble Lord, Lord Robertson, was Secretary of State for Defence, I was serving with Sixth Battalion, REME, on Operation Lodestar with SFOR. I can assure the House that my role was very junior indeed—however, it shows that we in this House have experience at all levels. During that operation from time to time, I would travel down from Šipovo to Split. Noble Lords should not underestimate how much pleasure it gave all of us to see yet another house with its roof back on each time we went along the main supply route. It was the security and stability that NATO provided that made this possible.

Not everything in the NATO garden is rosy. In his excellent speech, the noble Lord, Lord Robertson, suggested three or four reasons why NATO has endured. I would suggest another: economics. Each NATO state would have to expend far more on defence than now, only to achieve less in terms of deterrent and security.

I think we all agree that Trump has a valid point about some members not paying their club fees. The most obvious candidate for criticism in this respect is Germany, and I was grateful for the comments made by my noble friend the Minister on that point. Sadly, it is not Germany’s only disappointing policy; she has carefully surrounded herself with what many term as Article 5 buffer states, then gaily signs up to the Nord Stream 2 pipeline project, which will leave other vulnerable countries horribly exposed to interruptions in energy supplies.

Like my noble friend Lord Patten, I am bound to say that Turkey is also a cause of concern on a number of fronts. I hope that we can succeed in keeping that country on the course of democracy. In this context, I remind the House of the comments of the noble Lord, Lord Robertson, regarding the need for a free press. The noble Lord, Lord Bilimoria, mentioned the air defence problems.

Some noble Lords have touched on Brexit in the context of NATO and I am sure that they are right to do so. However, while the EU will never have anything like the role of NATO, not least because it does not include the United States, it should not be underestimated how much work NATO does by means of its standardisation agreements—STANAGs. There are about 1,300 STANAGs in existence. When I was running an NGO in Rwanda in 1995, we conducted a joint logistic operation with the Canadian component of UNAMIR. One of my team asked me for a relevant telephone number and without looking up, I replied: “Last page of the operation order, look under the heading ‘Command and Signal’”. My team was very surprised at my understanding of the Canadian staff work until I explained that this was a standard NATO orders format—in other words, a STANAG.

The point is that you can have a military operation under EU political direction and control, but it will nevertheless be run under NATO technical standards and NATO standard operating procedures. There is nothing else, and it would be pointless to develop anything else when we have the NATO procedures. So I cannot see why, post Brexit, we could not contribute to an EU military operation if it was in the UK’s wider interests and if we had a say in developing the policy. I do not see that as much of a change because there never was an absolute obligation on the UK to contribute to any EU operation. It would be very odd if, in the event of a European crisis in which the US did not want to get involved, the EU did not involve or consult the UK. It is also hard to think of a potential EU military operation where the UK would not be able to provide some crucial capability, be it in carrier strike, nuclear submarines, combat air power or strategic airlift—I could go on.

Many noble Lords have touched on how we should handle Russia. I agree that we could have handled Russia better during the post-Cold War era, while we ought to understand that the map of the world in the Kremlin is very different to the map that we look at. Nevertheless, I heartily agree with the comments of the noble Lord, Lord Touhig, about the characteristics of President Putin: he is leading his country to ruin by wasting its meagre economic resources on strategic adventures.

My noble friend the Minister will once again skilfully and convincingly trot out the statistics to show that we are doing very well in terms of defence effort and that a good measure is the percentage of GDP spent on defence. Of course, the weakness there is that it is not adjusted for the lower cost of running defence in a country such as India or China. However, the key point is that the fact that we are doing much better than most of our EU partners does not prove that we are doing anything like enough to meet or deter the threat.

What should we do? I make no apology for banging on about my next point, which builds on a point made by the noble Lord, Lord Touhig. If we cannot increase our defence capability, we should test and demonstrate that the capability we think we have really works. We can do that by means of medium- or even large-scale overseas deployment exercises. Yes, it would be expensive, but we would get a much greater effect than expenditure on a small increase in capability. In a crisis, our friends, allies and opponents would be in no doubt of our capability. On the other hand, if we have limited and untested capability, we surely have much less international clout and are less valuable to NATO.

Offensive Weapons Bill

Earl Attlee Excerpts

Committee: 3rd sitting (Hansard): House of Lords
Wednesday 6th February 2019 Grand Committee

[Lord Robertson of Port Ellen (Lab)]

I am listening to what the noble Lord is saying and the assumptions he is making about the guns that are being talked about—or in this case, not talked about—and them not falling into the wrong hands. Why does he think the Home Secretary of this country said in the House of Commons that,

“according to intelligence provided by police and security services”,

these .50 calibre guns,

“have been possessed by criminals who have clearly intended to use them”?—[Official Report, Commons, 27/6/18; col. 919.]

Does the noble Lord have better information and intelligence than the Home Secretary?

[Earl Attlee (Con)]

My Lords, if I might help my noble friend, it is possible that Ministers and Members in another House have been slightly inaccurately briefed. For instance, they were told that the effective range of a .50 calibre round is 6,800 metres, whereas in actual fact, it is only about 1,800 metres.

[Lord Lucas]

My Lords, I was talking about the two forms of rifle which are specifically addressed in the Bill. These are not .50 calibre rifles, but lighter ones, which are adapted for use by disabled people and make it easier to reload the round using power derived from the previous shot. That is a .50 calibre, but again, the calibre alone does not tell you all you need to know about the rifle; you need to know whether a particular weapon is dangerous. The weapons used in target shooting tend to be heavy and cumbersome and the ammunition is not the same as that used in military operations.

I have asked for evidence. There may be evidence out there, but it has not made its way to me. My particular arguments are about the guns addressed in the Bill, as there is no evidence of misuse of those guns or available evidence showing that these are fundamentally more dangerous than other rifles. There is also no evidence that they cannot be properly secured through a mixture of physical security and the systems we have to ensure that firearms are only held by the people who ought to hold them.

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[The Earl of Cork and Orrery]

Typographic error or no, it is not in there. Going back to large-calibre rifles, quite a lot of people get much fun out of remarkable things such as black-powder, muzzle-loader and Snider .577 rifles, which are far larger but have very low effects. Again, more detail is required to ensure that these sort of things can be legally held.

[Earl Attlee]

My Lords, I have tabled Amendments 80A to 80D in this group. If the noble Lord, Lord Kennedy of Southwark, had not tabled his Amendment 79 concerning .50 calibre rifles, he would have been best described as asleep at the wheel. I think the Committee will be grateful for the opportunity to discuss this matter and, hopefully, identify a solution. Other noble Lords have discussed the genesis of this matter. A .50 calibre rifle is clearly in a class of its own. However, I have some concerns about the quality of briefings given to Ministers and to Members of the House of Commons. It is therefore not surprising that the Government had to drop their provisions on .50 calibre rifles in the House of Commons.

While .50 calibre target rifles have some extraordinary characteristics, they are entirely dependent on the skill of the user. It is tempting to believe that all one has to do to hit the V-bull centre of the target is to line up the cross-hairs of a telescopic sight and squeeze the trigger. The reality is rather more complex. It is a great sport simply because it is so difficult, and therefore not surprising that target shooting is an Olympic sport. First, the rifle has to be held correctly and in exactly the same way for every shot. The shooter’s breathing has to be controlled perfectly. If I was trying to shoot at 1,000 yards I doubt that I could keep the cross-hairs on the target, let alone the bull. Trigger action is also all-important. For instance, snatching the trigger is the cause of a lot of inaccuracy. Frankly, due to the recoil, if I tried to fire a .50 calibre target rifle I would be terrified—a 7.62 target rifle is bad enough. For all these reasons, an applicant for a firearms certificate for a .50 calibre target rifle will not be successful unless considerable skill can be demonstrated with lighter but full-bore target rifles.

It is of course exceptionally unlikely that a terrorist would have the necessary skill to use a .50 calibre rifle in the way feared by some. My noble friend Lord Lucas said that these rifles had never been used in crime.

I do not have a philosophical objection to private ownership of a .50 calibre target rifle. However, two mischiefs remain. The first is that if one was stolen it could for a while give rise to major security concerns. This might result in certain events being cancelled. The second is this. I do not have the skill to use a .50 calibre rifle effectively. However, I have the skill to incorporate one into a remote-controlled weapon system and it would have none of the marksmanship weaknesses that I have. The good news is that it is very unusual for someone with this level of engineering skill to use it for such evil and illegal purposes. It is even less likely in the case of today’s radicalised terrorists, who usually have very limited skills.

In the UK, we suffer mercifully few disasters with legally held firearms. This is because we get the balance right. Ministers generally make the right decisions, taking into account advice from Home Office officials. There is one particular official who has done sterling work over many years and has briefed or worked with many of us in this Committee. I am sure that noble Lords know who I am talking about and we should be grateful for his efforts.

My Amendment 80A would build on my noble friend Lord Lucas’s Amendment 74 and provide that special storage and transport conditions on a firearms certificate were mandatory in the case of a high muzzle energy rifle; that is, one with more than 13,600 joules of energy.

My Amendment 80B would give the Secretary of State an order-making power to specify the special storage and transport conditions to be included on the certificate. Of course, we could go for guidance rather than an order. I have made no provision for parliamentary scrutiny because I do not believe it to be sensible to make the security details public.

So far as I can see, the current standard gun cabinets are designed to prevent unauthorised access or opportunistic theft and they appear to do so. However, they are not designed to resist a determined attack using specialist equipment. My noble friend Lord Lucas proposes a much higher level of security and I support this. While my noble friend’s amendment is clear on what is proposed, I think that there are drafting issues and I suspect that the same applies to my amendment.

I understand that some owners of .50 calibre target rifles already have the requisite secure facilities. However, some might not be so lucky and there is also a vulnerability when these guns are in transit. Currently, it is illegal to possess any of the key components of a firearm without a certificate and this includes the bolt. My Amendment 80C would allow another person to be in possession of a bolt if this was in connection with a special storage and transport condition. I would expect there to be documentary conditions involved. This provision could be useful in allowing club officials to hold the bolts for the owners of a .50 calibre rifle. It could also allow the rifle to be transported without the bolt being present with the rifle. Therefore, if a rifle is stolen but the bolt can still be accounted for, there is no security problem and no risk.

I have made no special provision about the ammunition because I do not believe that it is necessary or beneficial. This is because dealing with the rifle solves the problem and it is not particularly difficult to acquire or reload a few rounds of .50 calibre ammunition for some terrible purpose.

I am not fixed on whether we solve this problem by storage conditions or by disassembling the rifle, thus rendering it harmless except when in use on a range, or a combination of the two. It may be best to have a range of options available to suit the circumstances, and this could be provided for in the proposed order or guidance. If we want to have a disassembly option available, we need my Amendment 80C, or something similar on the face of the Bill.

If the sense of the Grand Committee is that something along the lines of my suggestion is acceptable, the Minister may be more tempted to take the opportunity to come up with a properly drafted government amendment. The consultation could then go forward as planned and, with benefit of the consultation, the Government could implement the necessary changes by whatever means is provided in the Bill.

My final amendment in this group is Amendment 80D. The Firearms Act 1968 does not define a rifle, other than to say that the term includes a carbine. This is because there was no need. I was concerned that the prohibition of high muzzle energy rifles might catch preserved artillery and tank guns, which are currently licensed by an ordinary firearms certificate if they have not already been deactivated. I have been assured by officials that the term “rifle” would exclude artillery pieces, and this makes sense. However, if we do make the changes regarding HME rifles, an individual police officer might want to make a name for himself by claiming that an artillery piece is caught by any legislation we eventually pass. He could claim that the term “rifle” means a firearm that has been rifled. Indeed, one noble and gallant Lord has asked me to look at and raise this point. I have previously been involved with a problem arising in this way, concerning the Vehicle Excise Act, concrete pumping machines and mobile cranes— don’t ask.

It would be best to define a rifle in the 1968 Act, but I would be happy if the Minister gave a categorical “Pepper v Hart” assurance that the term “rifle” does not include larger pieces of ordnance.

[The Earl of Erroll (CB)]

My Lords, I want to make a couple of general comments about these amendments. I never think it is worth passing legislation just because it looks good. Is it going to be effective, or not? Sometimes, where there is a problem, one hits something that looks like an easy target; it sounds good, and will keep the papers and the public happy. It may not change anything in the real world, which is about trying to protect people.

Some of this legislation could be held to be against the Disability Discrimination Act, in that some people who have problems can shoot with modified rifles, take part in international competition and get a huge sense of pride and success from doing well in it. However, the rifles do need to be modified and without these amendments, it looks as if they will be excluded from competition. It would be very sad if people who cannot run, jump or do other things have the one thing they are good at taken away from them. We should think quite hard about that.

Purely defining something by its muzzle size catches a lot of things that are not dangerous at all—muzzle loaders, for example. We have not really dealt with .50 calibre properly. Although a .50 has a good range, it is not going to pierce armour and cause huge destruction unless you have a military-grade armour-piercing round for it. You are not going to get one of those very easily, and you certainly are not going to load it yourself.

[Earl Attlee]

My Lords, I have some bad news for the noble Earl. Even a .50 calibre ball round has very high destructive power.

[The Earl of Erroll]

I suppose it is destructive, but it was penetrative power I was thinking of.

--- Later in debate ---

[Earl Attlee]

Penetrative power as well.

[The Earl of Erroll]

I stand corrected, but there are many other things that do too. I do wonder whether we are just homing in on one particular device, when you can make yourself a mortar that can blow up a lot of people. Why would you want to choose that particular weapon? I am very sad when I see us unable to take part in international competitions on a global stage, because we are worrying about something that has not been a problem yet.

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[Lord Robertson of Port Ellen]

I appreciate what the Minister is saying but this is a critical part of the legislation, where some strong views are held on both sides. Having sat through the debate so far, I also appreciate that we want to finish the business. I am not an expert in this field but I know that there are many experts around, who will undoubtedly contribute. This matter has excited a lot of interest outside the House.

First, I am not anti-target shooting. I was a member of the House of Commons rifle club, when it existed, and went target shooting in the subterranean depths of this building. Of course, I was Defence Secretary and then Secretary-General of NATO so I must have ordered huge quantities of guns of every description. As I said at Second Reading, I am a resident of Dunblane and became deeply engaged in the debate that took place after that shooting. I would contradict what was said about the banning of the private ownership of handguns leading to an increase in the amount of crime involving them. My colleague, the noble Lord, Lord Hogan-Howe, who has now left, also disagreed with that.

I am here to probe the issue of .50 calibre guns. In other contexts, they would be known colloquially as sniper rifles; they certainly have a destructive power over very long distances. I want to pray in aid what was said by the Home Secretary. I am not normally a great disciple of his—I think that he is running for Prime Minister at the moment, or at least leader of the Conservative Party when the vacancy eventually and inevitably occurs—but, as the Home Secretary, he has access to a lot of information that the rest of us do not. So, when he comes to the House of Commons and makes Statements, we should listen carefully.

We should also listen to what the Home Office had to say in preparation for the Bill. The department produces impact assessments—a very good innovation, whenever they were brought in, to describe the impact of legislation on costs, society and provisions on law and order. An impact assessment was done on .50 calibre rifles but, oddly enough, it is not in the Printed Paper Office. An impact assessment on the knife aspect of the Bill is available, but not one on the part about guns. If I can read its very small writing, the impact assessment which I found on the internet states:

“There is concern about the availability of .50 calibre and rapid-fire Manually Actuated Release System (MARS) rifles”—


as mentioned by the noble Lord, Lord Lucas—

“being available to some civilian firearms licence holders. The range and penetrative power of 0.50 calibre rifles makes them more dangerous than other common firearms and were they to be used in criminal or terrorist activities would present a serious threat to the public and would be uniquely difficult for the police to control. Due to the rate of discharge MARS rifles pose a comparable risk to the public and police as other self-loading weapons already banned in the UK. The Government need to intervene to ensure the purchase, ownership or possession is illegal”.

That Home Office impact assessment was delivered to the Government in preparation for the legislation.

In the House of Commons, the Home Secretary said when he presented the Bill:

“We based those measures on evidence that we received from intelligence sources, police and other security experts … According to the information that we have, weapons of this type have, sadly, been used in the troubles in Northern Ireland, and, according to intelligence provided by police and security services, have been possessed by criminals who have clearly intended to use them”.—[Official Report, Commons, 27/6/18; cols. 918-19.]


These are not my words or an exaggeration by anti-gun campaigners, but the words of the Home Secretary. He did not resile from these comments when he withdrew the clause from the Bill, under pressure from a large number of Back-Bench Conservative MPs. All he has said is that the matter would be subject to further consultation. The danger between now and the end of the consultation is represented precisely by the Home Secretary’s warning. I hope the Minister will be able to explain why the Committee should listen to outside experts when the Home Secretary of this country has given such a graphic description of the dangers presented by these weapons.

[Earl Attlee]

My Lords, I hold the noble Lord in very high regard, but is he saying that Ministers and their advisers are infallible?

[Lord Robertson of Port Ellen]

They are certainly not infallible—I speak from great experience on that— but the Home Secretary clearly did not come to the House of Commons unprepared and without checking thoroughly in advance. His statements are clearly there. His predecessor was misled and she resigned. I do not think that the present Home Secretary is likely to make that mistake again or that he has been misled; he said what he believed and what he had been told.

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[Lord Kennedy of Southwark]

In my contribution, I made a point about the Government taking out amendments then putting them back in. Like the noble Baroness, Lady Williams, at Second Reading, the Minister referred to consultation. Today, the Minister told us that the Government remain very concerned about these weapons and their power. I worry that we will have the same problem as with the rogue landlords database. We wanted to make the database public through the Housing and Planning Act. We won the votes in the Lords, but they were overturned in the Commons. A year later, the Government changed their mind. Now, of course, the noble Lord, Lord Bourne, is saying, “The Government want to make the database available. We need primary legislation but we cannot find anything to tag it on to”. I worry that the Government will decide in the end that they want to ban these weapons but will say that they cannot find the legislation. Will the Government consider a precautionary power so that if they decide to, they could do that very quickly through secondary legislation?

[Earl Attlee]

My Lords, the noble Lord, Lord Kennedy, could achieve his objective by supporting my amendment, or at least the concept behind it, slightly more strongly.

[Earl Howe]

It was in an endeavour to address the general concern put forward by the noble Lord, Lord Kennedy, that I undertook for the Government to consider seriously my noble friend Lord Attlee’s amendment and my noble friend Lord Lucas’s arguments. However, I take his point. I am sure that it will not be lost on Home Office Ministers or officials. Of course, we will give that further consideration.

--- Later in debate ---

[Earl Attlee]

My Lords, I am grateful to my noble friend Lord Shrewsbury for raising this issue. I agree with everything he said. My noble friend Lady Barran suggested that we ought to be economical with the time, but we are discussing primary legislation and will take as long as we need.

I am increasingly disappointed by the attitude of the BMA, and the medical profession generally, in respect of statutory medicals necessary to protect the public. I need a regular medical to keep my HGV driving entitlement. Of course, I can afford the fee, but for a poorly paid lorry driver, it can be a problem. The cost may also discourage experienced drivers from maintaining their entitlement when they no longer use it. It seems blindingly obvious that the doctor best placed to determine if an individual is safe to hold an HGV licence or a firearms certificate is the applicant’s general practitioner. The GP is paid by the state to look after the health of all their patients; they are also the person most likely to be aware of any problems at home.

We are rightly proud of our firearms licensing system, which we have got about right. However, I would make one observation about some police forces deliberately making the process as difficult as possible to deter applicants. For a few months in early 2003, I was running around in the Middle East on Her Majesty’s Service with a loaded Browning Hi-Power pistol in my holster, so someone must have thought that I was a reliable person. When I returned to the UK in June that year, I realised that the land around my house in the middle of Lincolnshire was infested with rabbits, which were no doubt having an adverse effect on agricultural output. I could have done with a bolt-action .22 sporting rifle, but I did not bother applying for a firearms certificate as I was deterred by the deliberate difficulties I knew I would encounter. It was not important to me. Nevertheless, someone with an unhealthy interest in firearms will do whatever is necessary to secure a firearms certificate, so we are having precisely the opposite effect to the one we desire. An unco-operative medical professional would have been just one more difficulty to deter me. I therefore wish my noble friend success with the points he made.

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[The Earl of Shrewsbury]

My Lords, Amendment 80K deals with compensation. My intention with this amendment is to ask my noble friend the Minister two things. First, will he confirm that in the event of MARS and lever-release rifles becoming prohibited compensation will be paid, as stated in the Government’s policy statement? Secondly, will compensation will be provided to cover the cost of modifications for those who modify to straight-pull bolt action or deactivate? I beg to move.

[Earl Attlee]

My Lords, if I may make an observation, if we still had the Firearms Consultative Committee, which was so well-chaired by my noble friend Lord Shrewsbury, and before that by Lord Kimball, we would have identified that we had a problem with the MARS and lever-action release system. The problem could have been snuffed out fairly early on by the committee advising the Home Secretary to ban them. The Home Secretary could then have made a Written Ministerial Statement saying that they were to be banned, and that compensation would no longer be payable for anything bought after that Statement was made. Will my noble friend the Minister consider reinstating the Firearms Consultative Committee, or something similar, so that we do not have a similar problem? Officials are shaking their heads, so I suspect that I will get a negative answer.

[The Earl of Shrewsbury]

Well you must be right then.

Army: Divisional Manoeuvre and Deployment Training

Earl Attlee Excerpts

Tuesday 8th January 2019 Lords Chamber

Asked by

[Earl Attlee]

To ask Her Majesty’s Government when they propose to deploy a largely fully formed and supported division into the field for divisional movement and manoeuvre training.

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

My Lords, the Army has a substantial and sophisticated exercise programme in place to ensure that it is trained and ready to operate at the divisional level. This includes training with allies and partners. There are currently no plans to deploy an Army division into the field for training.

[Earl Attlee (Con)]

My Lords, I thank my noble friend the Minister for that reply. In the face of a resurgent and irresponsible peer opponent, rather than massively increase military capability and defence expenditure, would it not be far more cost effective to test, demonstrate and perfect our supposed ability to deploy at divisional strength against a peer opponent?

[Earl Howe]

My noble friend makes a very good point. The issue to stress in this context is that if we were to fight at divisional scale, we would likely be doing so as part of a multinational force, probably NATO. The Army therefore regularly exercises with allies and partners, and a good example of that was Exercise Trident Juncture held last November, which involved some 50,000 personnel from 31 allies and partners. That was a really good opportunity to test every element of our war-fighting capability on land.

Counter-Terrorism and Border Security Bill

Earl Attlee Excerpts

Report: 1st sitting: House of Lords
Monday 3rd December 2018 Lords Chamber

[The Marquess of Lothian (Con)]

My Lords, as my noble friend the Minister will know, the committee which I have the honour to serve on behalf of this House along with the noble Lord, Lord Janvrin, produced a report 10 days ago on the lessons to be learned from terrorism incidents last year. One of the points that we made was that in most of, if not all, those incidents, the perpetrators had had access to the type of extreme material covered by this Bill and clause. We therefore support the way in which the Bill is being amended and developed today, because it provides another safeguard against one area where radicalisation can take place leading to terrorism incidents in due course. That is the position of my committee—I am sure that the noble Lord, Lord Janvrin, would accept that.

Can we have a definition of “academic”? I presume that it is not limited just to professional academics, because that would be very restrictive. There is a lot to be said for learning lessons from terrorism incidents, with those doing that type of work, including the committee of which I am a member, having access in order to see what type of material is leading to the radicalisation taking place. I hope that the Minister will be able to reassure me that “academic” would cover that area.

My other point relates to “journalist”. I may be behind the times and not know how it is defined in law, but “journalist” seems a very broad definition. There are professional journalists—I quite accept that this amendment should cover them—but there are in my experience other journalists, some of whom call themselves bloggers and others who call themselves contributors to particular types of publications. It might not be in the interests of security that those people have access to such material. Can the Minister respond to those two points?

[Earl Attlee (Con)]

My Lords, I thank the Minister for tabling the amendment. It is hard to think of any reason other than journalism or academic research, but it is good that the legislation as it will be drafted allows for that possibility. As for my noble friend’s point about journalism, it has never been accurately defined. Other terrorism legislation refers to journalism, but the drafting of my noble friend’s amendment makes it quite clear that it has to be journalistic work.

[Lord Kennedy of Southwark]

We fully support government Amendment 6 in the name of the noble Baroness, Lady Williams of Trafford, and moved by the noble Earl, Lord Howe. As we have heard, it responds to concerns raised during consideration of the Bill in Committee in this House and the other place. It is a helpful amendment, as it puts in the Bill a specific provision making it clear that a person has a reasonable excuse for possession of certain material where it is for the purpose of carrying out journalistic or academic research.

Amendment 7 is an amendment to Amendment 6. I have considered it carefully and can see the point being made the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee, but the amendment is unnecessary and would add nothing to the clause as amended by Amendment 6. As the noble Earl said, “but … not limited to” covers the other points made. As amended the clause is fine; I do not think that we need the other amendment. The noble Marquess, Lord Lothian, made some important points which I hope the Minister will respond to, but we support the government amendment.

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[Baroness Hamwee]

The last words of line 40 read,

“in which at the time”

and the next line starts, “of the person’s action”. As I said, I identified two places in line 40 where paragraph (a) might be inserted. It is a drafting point but also a point of substance, because where paragraph (a) starts actually affects the whole of the point. Can the Minister give a little more assistance?

[Earl Attlee]

My Lords, perhaps if my noble friend the Minister is not absolutely certain on this point we could return to it at Third Reading to clarify the drafting amendment.

[Earl Howe]

My Lords, I was not as precise as I should have been. The words after,

“(but are not limited to) those in which”,

will become paragraph (a). So it will read,

“(but are not limited to) those in which (a) at the time of the person’s action or possession, the person did not know”,

et cetera. Paragraph (b) will follow after line 44. I hope that that clarifies the point.

My noble friend Lord Lothian asked a series of very reasonable questions about the meaning of the words “journalist” and “academic”. The distinction between journalism that constitutes a reasonable excuse and that which does not, for the purpose of this offence, will inevitably be highly fact-specific. As several noble Lords commented in earlier debates on the Bill, it is just not possible to provide in advance an exhaustive definition of a journalist or of a legitimate journalist. This is something that we are clear needs to be determined by a jury in particular cases on the basis of all the evidence. We have made it clear that our amendment adds an indicative list of categories of reasonable excuse and does not provide either an exhaustive list or an absolute exemption. It is important to remember that juries will retain their existing discretion to decide whether a particular excuse is reasonable on a case-by-case basis. The same logic would apply to the meaning of the word “academic”. The category of person that my noble friend described might or might not be considered by a jury to be an academic: it would depend on the facts of the case. The jury might consider that there was still a reasonable excuse for a particular individual. I hope that that is helpful.

--- Later in debate ---

[The Earl of Sandwich (CB)]

My Lords, I offer my support for Amendment 15. I will speak on behalf of humanitarian aid workers following the remarks made by the noble Lord, Lord Judd, and I do so because it seems to me profoundly wrong that aid workers should potentially come under suspicion and be bracketed with potential criminals simply because they are travelling to and from a sensitive area. Of course, I realise that the Government understand in principle they are not in that category, so they have put down their own amendment with an indicative list, which the JCHR acknowledges is a step forward. Nevertheless, the Bill still potentially subjects aid workers and journalists to every sort of interference, which can only mean that aid will inevitably be held up and that people living in distressed conditions will suffer more. If aid workers in government programmes, including those of Governments in the designated areas, are protected, why on earth should non-governmental organisations and their beneficiaries suffer? What is the logic of that?

This clause has to be amended. Imagine what would happen in a country like the DRC today if people monitoring the Ebola virus had to consider the prospect of being arrested for having dealings with the Mai Mai or the Interahamwe militia. The noble Lord, Lord Judd, and the noble Baroness, Lady Hamwee, have already mentioned peacebuilding, which often involves the Red Cross and the Churches. What would be the climate of suspicion surrounding not only them but the whole aid programme? The noble Lord, Lord Paddick, quite rightly mentioned the “deterrent effect”.

I speak with feeling, having worked with several aid agencies over the years, and knowing the conditions in which they already have to work. No wonder that 21 organisations are protesting. These are in many cases the front line of our aid programme, whether they work with government or not. I will repeat two sentences of what they said in a signed letter:

“Unless urgently amended, the bill … will make it impossible for civil society organisations to deliver much needed humanitarian, development and peacebuilding support to people desperately in need … it is vital that the government and peers amend the bill so that it exempts aid workers and others with a legitimate reason to travel to designated areas”.


Let us not forget the cost of this exercise. We do not of course know the parameters of the designated regions, but we know that, for obvious reasons, many aid workers tend to be in sensitive areas of the world, so the overlap between political sensitivity and humanitarian commitment will be vast.

The noble Earl mentioned the possibility of the terrorist who intends to assume the disguise of an aid worker and become a wolf in sheep’s clothing. Obviously, that is quite different; he or she must be stopped on the grounds laid down in the Bill, and will not ultimately pass the test of reasonable excuse. I realise the difficulty the Government are in here, having to act on behalf of society. But it is quite irresponsible to risk the professional lives of all aid workers leaving those areas, with all the consequences for the programmes concerned, as a means towards that end.

[Earl Attlee]

My Lords, I am grateful to the Minister for these amendments, and in particular for his response to my amendments moved in Committee on journalism. When we are trying to convince people like President Erdoğan of Turkey not to persecute his journalists, it would be a complete disaster if we accidentally arrested a legitimate journalist in the UK.

I have worked overseas on international aid—in theatres unlikely to have been designated—but I think the noble Earl, Lord Sandwich, has slightly misinterpreted the Minister’s amendment. New Clause 3B(a) excludes providing aid “of a humanitarian nature”, so his concerns are absolutely met by the Minister. I believe the Minister has the balance right, both in principle and in the drafting of his amendment.

[Lord Judd]

My Lords, I strongly support the amendment; indeed I welcome the moves the Government have already made. Looking back on my life outside this House, it is impossible to express strongly enough my respect for the courage and dedication of some of those working on the front line. We ought to be ensuring that they have all possible support, rather than being put through greater anxiety about their own futures. The point about de-risking by banks and other relevant authorities is, of course, very important. Development assistance is crucial and sometimes—if not more often than not—the most important development assistance is long term, because it builds human and institutional resources that will be essential for the future.

Alongside that, the point I made in my earlier intervention is crucial: peacebuilding is vital. Are we just going to have industries and charities whose activities are dependent on failure, or are we supporting charities, voluntary organisations and others who say we have to understand the causes of the problems that confront us and tackle those causes at root? That means sometimes dangerous, controversial work with a wide cross-section of people. I hope that the Minister will be able to respond positively to the amendment and underline in specific terms the Government’s commitment to the support and well-being of the bona fide, responsible organisations that engage in the crucial task of peacebuilding.

I said that I had a range of interests in the register, and I should specifically say that I have been an adviser to International Alert and subsequently a trustee. International Alert is respected by a great number of Peers across the House for the work it does. It is deeply concerned about the need to make explicitly clear that peacebuilding is high on our list of considerations.

Veterans Strategy

Earl Attlee Excerpts

Thursday 15th November 2018 Lords Chamber

Moved by

[Earl Attlee]

That this House takes note of Her Majesty’s Government’s Veterans Strategy.

[Earl Attlee (Con)]

My Lords, it is always a great honour to initiate a debate, especially when it turns out to be so timely, with yesterday’s publication of the Government’s Strategy for Our Veterans and the centenary of the end of the First World War.

In the UK, for a very long time we have had a proud tradition of recognising the unique contribution made to national life by our military veterans. Members of the Armed Forces are almost unique in that they are willing to undertake a mission when they cannot expect all their comrades to come home, or at least not without some life-changing injuries. But we should also remember that it is all too easy to fall into the trap of concentrating on combat operations while overlooking casualties incurred during exercises or training, which nevertheless provide and demonstrate military capability and thus deter and prevent conflict from taking place.

I must declare an interest because, in my own humble way, I am a veteran. There have been some very minor negative effects, but overall my service as a volunteer has been hugely beneficial to me, both for my career and for my standing in society. Exactly the same would apply to the clear majority of veterans. They will have had a great career in the regular Armed Forces, or possibly in the reserves, and then transitioned smoothly into civilian life without difficulty and having taken full and proper advantages of the resettlement facilities on offer. Sadly, for some their career in the forces might not have been so successful. They might have had to leave at a time not of their own choosing; transition might have been difficult; or perhaps problems arose later in civilian life. Any strategy needs to meet the needs of the majority while ensuring that no one is left behind or falls through the cracks in the floorboards. I believe that the strategy goes a long way to achieving this.

The strategy starts with the vision and principles, which I will not rehearse. There are then five cross-cutting factors and six key themes. The first cross-cutting factor is collaboration to provide coherent support. The strategy recognises that the UK enjoys a strong and vibrant Armed Forces charitable sector. I will not weary your Lordships with describing its role, as it is well understood, but sometimes I worry that small charities are being set up to meet a relatively discrete perceived need by a well-meaning team. However, I wonder whether the funding, horsepower and necessary governance might be better used as part of a larger and more efficiently resourced charity. Furthermore, the strategy recognises that there is an inconvenience to veterans of having to repeat their circumstances to a variety of organisations. That is not to say that big charities are problem free, so does my noble friend the Minister have any concerns about the governance of any of the big service charities? If he does, what, if anything, can he do about it?

Closely allied to collaboration between organisations is the cross-cutting factor of co-ordination of veterans’ services. SSAFA has reported to me that, in the past, a veteran might have one difficulty where help was required. Nowadays, that association finds that if something goes wrong with a veteran, it goes spectacularly wrong with help required from several agencies. This is why co-ordination was so important. What I and many others do not fully understand is which part of the Government and which Minister would step in if and when there was a co-ordination problem with other government departments. I hope that my noble friend the Minister can explain how this will work.

One of the most important cross-cutting factors is data on the veteran community. Given that the clear majority successfully transition from service to civilian life within existing resources, it is clearly vital that we can identify those with problems. For instance, an obvious indicator available to government would be employers’ national insurance contributions because if they cease for a particular veteran before the normal retirement age, this may indicate that something is amiss. It could be a precursor for even more serious problems, such as marriage breakdown and homelessness. My fear is that rules about data transfer between government departments may make it so hard to utilise available data that we simply do not do so.

Another controversy is on the statistics. Do we have enough, are we measuring the correct issues and are the questions the right ones? I am hoping that the noble and gallant Lord, Lord Walker, will say something about the controversial issue of the suicide rate among veterans. Surely whether a suicide victim has a service background should be determined in every inquest and, if positive, reported for data capture.

I think we need to be careful about what we ask and how we interpret the answer. For instance, if I was asked whether I had occasional unpleasant dreams that I could honestly attribute to my military service, the answer would be yes. But the detail of my recurring dream is that I am in uniformed service, the sleeping area is wet and uncomfortable and the food is insufficient or horrible—and your Lordships can imagine what the toilet facilities are like. However, importantly I never dream about death, destruction or anyone being unpleasant to me. Sadly, that is not the case with many veterans who have been engaged in combat. My understanding is that, as one gets older, the ability of the mind to supress and forget unpleasant events gets weaker. SSAFA has told me that it is very concerned that Falkland veterans are starting to present in increasing numbers. Sadly, we can expect even worse problems arising from operations in Afghanistan and Iraq but a long time into the future.

I think another issue with statistics is that it is relatively easy to measure negative outcomes, so we think we know the percentage of the prison population and rough sleepers who have a service background. What is very hard to measure is the number of veterans who have experienced a poor start to life with all the classic negative indicators but nevertheless have a great career in the Armed Forces and then successfully transition to civilian life.

I will be very surprised if some noble Lords do not cover mental health and post-traumatic stress disorder—PTSD. I do not profess to be an expert, but I suspect that three pressures are at play. First, as a society we are much more willing to discuss and present with mental health issues, which is positive. This, of course, applies equally to serving personnel and veterans as well as civilians. Secondly, since we want to offer a career in the Armed Forces to anyone who is fit enough, the start standard for the infantry in particular is not very high. It is therefore not surprising that many recruits have had a very poor start to life. The detailed report of Nicholas Blake QC into the deaths at Deepcut barracks covers this point in some detail and is worth reading. To make matters worse, it is obvious that on operations the infantry will, on average, experience more traumatic incidents than the more technical trades. Thirdly, as I am sure the Minister will agree, we do not really have enough mental health capacity in the NHS to deal with the ordinary civilian population let alone with service-attributable problems.

The last two cross-cutting factors are public perception and understanding and the recognition of veterans. They are different, but closely related. I can do no better than quote directly from the strategy:

“In recent years, a number of studies have identified that public perceptions of Veterans do not always reflect the reality. Many people believe that while military service develops positive attributes … there are also incorrect perceptions that Veterans are inherently likely to be institutionalised, psychological impaired, and less able to build relationships outside the Armed Forces.”


These misconceptions have two very important negative effects. First, they make it very much harder for veterans to secure civilian employment. The SSAFA report The Nation’s Duty indicates that many veterans seeking employment find it better not to say that they have a service background. The second adverse effect is that the gatekeepers of those who might consider a career in the Armed Forces may well advise against joining up.

Turning to recognition, veterans certainly do not want pity, but they want to feel that their service is valued and recognised. Your Lordships will appreciate the dangers in favouring one group in society over another, and thus caution is required in this area. The veterans ID card is a welcome development. I certainly found my Army MoD Form 90 ID card was a very useful and reliable means of ID. While any veterans ID card should not be confusable with a MoD Form 90, it would be good if it was a technically reliable and acceptable form of ID that adds value, not just financial value.

Sadly, I cannot cover the key themes of the strategy in detail apart from veterans and the law. I am currently taking a very close look at our prison system. We all know that a small minority of veterans end up in prison. Members of this group are often among the most vulnerable of veterans with complex needs. However, mentoring programmes have been shown to be very effective.

The other aspect of veterans and the law is not so palatable and it concerns historic inquiries. During the recent Question for Short Debate asked by the noble Lord, Lord Dannatt, I made a forceful intervention and I see no need to repeat it. However, I feel very strongly about the matter and gently remind the Minister that at some point the Armed Forces Act will have to be renewed by means of primary legislation.

I am grateful for the briefings that I have received from NGOs. I hope that other noble Lords will be able to fill the rather large voids that I have left. We appreciate and recognise our veterans community, and we will remember them. I beg to move.

--- Later in debate ---

[Earl Attlee]

My Lords, I am grateful to all noble Lords who have contributed to the debate. I am particularly grateful to my noble friend the Minister who, once again, has not disappointed us in the House.

The noble Lord, Lord Burnett, raised an issue about prosthetics of which I was not aware. I do not believe that the service charities should be funding prosthetics; they should be funded by central government. Service charities should be funding things that central government should not be funding. We will have to see how that issue progresses in the future. In the meantime, I beg to move.

Motion agreed.

Counter-Terrorism and Border Security Bill

Earl Attlee Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 31st October 2018 Lords Chamber

[Lord Bethell (Con)]

My Lords, I too thank my noble friend Lord Faulks for moving this amendment. I also thank my noble friend Lord Hodgson for supporting it, and I am glad to support it myself.

Many Peers spoke at Second Reading about the extraordinary changes to warfare, terrorism and espionage, and the growing risk of home-grown participants and recruiters. There is clearly a need for a modern response to these challenges, and I think the Bill does a huge amount to deal with them, but I wonder whether it goes far enough.

On the legal case for a revival of the treason law, my noble friend Lord Faulks and others have put the arguments much better than I can. I also recommend the paper by Policy Exchange, Aiding the Enemy, which has an enormous amount of support from senior figures in the law and the police. However, my angle is slightly different. I am coming at it from the point of view of cohesion and the need in this country to ensure that there is a really strong sense of trust in our communities.

We are living with a huge amount of immigration—something that I am really proud of and glad to see happen. There is an almost post-modern attitude among many people towards even the concept of a nation state, and a sense of “anywhere-ness” among a lot of people. The noble and learned Lord, Lord Falconer, the former Lord Chancellor, argued in 2010 that the law of treason was no longer appropriate because people might feel their strongest allegiance to be towards their religion or even towards Greenpeace. He said that we live in an era when the freedom of the individual is put above practically everything else.

That thinking, I am afraid, has contributed to our becoming embarrassed when talking about big ideas such as treason, betrayal and allegiance. We have lost a sense of what is acceptable and what is not. It is acceptable to criticise your country and to obey your God or to follow the tenets of your ideology, but it is not acceptable to aid one’s country’s enemies in their attacks. I think this confusion has contributed to 900 people, many of them young and naive, fighting for an enemy, and we are now living with those consequences.

I was greatly struck by the story of Kimberley Miners, who travelled to Syria and recently returned. She said of her experience of living with ISIS:

“People have no idea, but ISIS is actively searching Facebook for vulnerable people. People just like me. These people befriended me, I felt accepted”.


I feel a mixture of enormous compassion for her and enormous anger that she could have been so stupid in this decision. I cannot help feeling that, if our citizens and those who chose to live here had a clearer sense of where the boundaries lay, naive young people would not have made such stupid mistakes. We could then sleep with confidence that our neighbours, whatever their views and beliefs, ultimately have a peaceful intent towards their country, and further damage to trust in our communities could be avoided.

By way of conclusion, a treason law should not become a coercive or reactionary measure, and I pay tribute to the thoughtful briefings on the Bill from Liberty and the Open Rights Group, and to the contributions of my noble friends Lady Warsi and Lord Ahmed during Second Reading. But there is social merit in a narrowly drafted measure that makes clear our duty not to aid one’s country’s enemies in their attacks. That is why I am pleased to support this amendment.

[Earl Attlee (Con)]

My Lords, I too support the amendment. When I read it, I was surprised that it did not include the words “take up arms against Her Majesty’s forces” or something to the same effect. It is, as my noble friend pointed out, a procedural point. I gently point out, however, that we in this House have great freedoms of manoeuvre and are able to table amendments that you simply would not be able to in the House of Commons. I hope that, in the end, the provision will include the words “taking up arms against Her Majesty’s forces”. We cannot have UK citizens attacking the UK or its forces in an organised way while still enjoying our way of life and the privileges of living in the UK. How do we think our security services and Armed Forces feel when they realise that a member of the enemy was brought up in the UK?

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, Amendment 34, moved by the noble Lord, Lord Faulks, was the subject of some debate at Second Reading, and the issue has since been referred to several times. I was not persuaded then that this is the right way to proceed and, having listened to a number of noble Lords speak in favour of the amendment, I am not persuaded now.

As we have heard, the Treason Act 1351 is still in force today, although it has been amended. I believe it was last used to prosecute William Joyce in 1945 after the Second World War. As the noble Lord, Lord Faulks, said, it has a somewhat chequered history. There is ample opportunity to prosecute British citizens, and those who are not British citizens, who commit acts of terrorism for a range of offences, using legislation that is already on the statute book.

--- Later in debate ---

[Baroness Williams of Trafford]

If the noble and learned Lord will indulge me, I will come on to the point about hostile state activity and the place for this law in due course.

I share my noble friend’s belief that those who do harm to the United Kingdom and the people who live here should face justice. I am not entirely convinced that introducing a new offence of treason, as proposed by Amendment 34, is necessary. However, as my noble friend and the noble Lord, Lord Kennedy, have said, this country has a comprehensive range of terrorism offences and other powers that this Bill will update for the digital age—it is ironic that we are talking about the digital age and 1351 in the same debate—to reflect modern patterns of radicalisation and terrorist offending.

The updated legislation will provide the police and intelligence services with the powers they need to protect the public from terrorism, and we do not consider it necessary also to create a new treason offence for this purpose. For example, the activities covered by subsection 2(a) and (b) of the new clause are likely already to be offences under the Terrorism Acts of 2000 and 2006, in particular the offence of preparation for terrorism in Section 5 of the 2006 Act. This proposed new clause would therefore add little to the existing offences on the statute book. However, it is worth noting that the sentencing guidelines applicable to the Section 5 offence provide that where the conduct was with a view to engaging in combat with UK forces, this is to be treated as an aggravating factor when sentencing.

We are aware of the need to update legislation to keep it relevant for the contemporary and future challenges we face. I do not have to remind noble Lords of the phenomenon we have seen in recent years of people travelling overseas, most notably to Iraq and Syria, to engage in terrorist-related activity. That is why the Bill introduces a new offence of entering or remaining in a designated area: to prevent UK nationals and residents from travelling abroad to take part in or help sustain future foreign conflicts, and to protect the public from the risk of terrorism.

Furthermore, prosecuting terrorists for treason would risk giving their actions a credibility—my noble friend Lord Faulks referred to seeing them as martyrs—glamour and political status that they do not deserve. It would indicate that we recognised terrorists as being in some formal sense at war with the state, rather than merely regarding them as dangerous criminals.

As outlined by the Prime Minister on 14 March in her announcement in response to the Salisbury incident, the Home Office is currently leading a review of all legislation applicable to hostile state activity. It is considering the full scope of hostile state activity and, where relevant, treason offences may be considered as part of this work, which is currently ongoing. My noble friend will recognise the need to get the form of any new offences right. The policy exchange paper published in July was a useful contribution to the debate, but we should not rush it.

I hope that, having had the opportunity to debate this important and interesting issue, my noble friend will be content to withdraw his amendment, in the knowledge that there is ongoing work in the Home Office to examine whether there are further gaps in our law, and in order to help us counter hostile state activity.

[Earl Attlee]

My Lords, I am sure that the Committee is grateful to my noble friend the Minister for her comprehensive answer. She mentioned engaging Her Majesty’s Armed Forces. Does she not think that engaging them ought to attract a life sentence automatically?

[Baroness Williams of Trafford]

As I said, it most certainly can be viewed as an aggravating factor when sentencing is taking place.

Counter-Terrorism and Border Security Bill

Earl Attlee Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 29th October 2018 Lords Chamber

[Earl Howe]

My Lords, as the noble and learned Lord, Lord Judge, has raised this, I cannot ignore what he has said. If he will allow, after this Committee stage, I will take advice and be in touch with him.

[Earl Attlee (Con)]

My Lords, did not my noble friend the Minister state that other similar offences were drafted in the same way?

[Earl Howe]

My Lords, my noble friend is quite right. “Prove” is used in some six other sections of the 2000 Act, including Sections 57, 58 and 58A, so it is not inconsistent with the generality. However, as the noble and learned Lord has picked this out, I can do no other than to take the point very seriously, and I undertake to do so. If he will suspend his scepticism for a moment, I want to make the point that, in addition to creating an inconsistency between the designated area offence and others with a similar reasonable excuse defence, this would also unsettle a well-established legal position with which the courts and prosecutors are very familiar, and on which there is clear case law.

I very much hope that, on this basis, the noble Lord will be content to withdraw his amendment, subject to the undertaking that I have just given.

--- Later in debate ---

[Earl Attlee]

My Lords, the power to designate an area is a significant power, as pointed out by the noble Lord, Lord Anderson. However, I think it is a desirable power, provided that we amend the Bill slightly in the way we have discussed. I am not clear why anyone would want to go to a designated area other than for any of the purposes we have outlined in Amendment 17.

[Lord Stunell (LD)]

I should like to add to the remarks of my noble friend Lady Hamwee by making two points. First, if one looks at the current situation in Syria, there are clearly many women there who do not have the freedom to leave. Will they have committed an offence simply by virtue of being held as virtual or real captives? These are aspects which need to be looked at quite seriously.

I want also to make the darker point that, at the moment, we are focusing on the Middle East and terrorism as we appreciate it there. However, if this legislation had been in force in 1936 or 1937, I wonder what would have been the realpolitik of designated areas within Spain. We need to understand that legislation passed for one reason can sometimes be adapted and used in a completely unforeseen way or, as I am perhaps suggesting, in a foreseeable way. I would like to hear what the noble Earl might have to say about these two points.

Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018

Earl Attlee Excerpts

Wednesday 10th October 2018 Lords Chamber

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

My Lords, the instrument that we are considering today will make consequential changes to the terms of service regulations for regular personnel in the Royal Navy, Royal Marines, Army and Royal Air Force. The changes are necessary to enable defence to operate and manage part-time service and restricted separation service, described collectively as “flexible service”, from 1 April 2019.

As noble Lords will recall, in February this year, the Armed Forces (Flexible Working) Act 2018 became law. In the informative and productive debates that we held in the lead-up to Royal Assent, it became clear that there was a genuine desire to understand how flexible service will operate legally, fairly and efficiently for our people and their families, who will benefit from these new opportunities, and for the chain of command, who will manage them while continuing to deliver operational capability. Indeed, I recall that when we were debating the flexible working Bill some noble Lords used the phrase “the devil will be in the detail”. The Government have acknowledged the desire to scrutinise the fine detail that will enable flexible service to operate. Accordingly, today we are introducing an important piece of secondary legislation that provides that detail.

We have worked with the Armed Forces to ensure that while the changes introduced by the instrument will usher in new, modern opportunities for our people, they are at the same time balanced with the need to protect the Armed Forces’ ability to deliver operational capability. This, we are clear, must be our red line. I hope this and the debate that follows will assure noble Lords that the MoD has appropriately balanced the overriding need to maintain the operational capability of our Armed Forces with the need to support those who deliver it, and their families, with opportunities to take flexible service.

I draw the House’s attention to some of the main content of the instrument. It enables regular service personnel to serve on a part-time basis. It also enables them to restrict the number of days for which they can be required to serve away from their home base—up to 35 days in any 12-month period. The instrument sets out the overall time limits for periods of flexible service and the flexible service application process, which has been designed to be fair and efficient. It enables service personnel to apply voluntarily for flexible service and empowers the service to consider applications. However, it does not guarantee that an application will always be successful. In addition, the instrument outlines the actions required by each party during the application process. Importantly, the process is designed to ensure that service personnel cannot have flexible service terms imposed on them.

There may be occasions when, a flexible service arrangement having been agreed, circumstances require changes to be made to the arrangement, either permanently or for a specific period. We have therefore set out the conditions under which a flexible service arrangement may be varied, suspended or terminated. In the interests of national security, we conclude that in extremis it is essential for the services to be able to recall personnel back to their full-time duties immediately, either as a permanent termination of the flexible service arrangement or a temporary suspension of it. However, this will only be used sparingly, and only where a 90 days’ notice period would have an unacceptable impact. Individuals will also be able to terminate their arrangement with 90 days’ notice, or to apply to suspend or vary it.

We want to give service personnel as much certainty as possible over any flexible service arrangement that they enter into. Otherwise they will not apply, if they feel an arrangement is likely to be cancelled without warning or explanation. However, we are very clear that this must be balanced with service need above all else. We recognise that service personnel may not always get the outcome they had hoped for when applying for flexible service; therefore, we judge it right and fair that we make provision for an appeals process in the instrument. However, the scope of any appeal will be limited to requesting that the appeals authority reconsider the decision that the serviceperson is unhappy with. Service personnel will be limited to one appeal against a decision. Outside of this process they will retain their normal access to the Service Complaints system.

As noble Lords will note, the working detail beneath the main headlines that I have outlined ensures that we achieve our main policy aim effectively and fairly—that is, to give our people access to new, modern, flexible service opportunities, but at the same time recognising that maintaining operational effectiveness is paramount.

My Lords, the House’s approval of this legislation will be a key step in the journey towards the introduction of flexible service on 1 April 2019. As well as the primary purpose of making changes to the Armed Forces terms of service regulations, it will also enable the finalisation of some other important related activities. These include, first, the amendment of subordinate Armed Forces regulations; secondly, the publication of a suite of policy guidance material for those who may consider applying for flexible service and those who will administer it; and thirdly, our ongoing comprehensive communications campaign, which will promote and explain flexible service but also manage expectations and not over-sell it.

All this activity, together with other consequential changes to Armed Forces pension scheme and compensation scheme legislation, and the changes we need to make to our IT systems to enable flexible service to operate, are firmly on track for delivery in time for launch on 1 April 2019.

To conclude, noble Lords have already demonstrated their overwhelming support for the concept of flexible service. Today we can crystallise that support by approving the detail that will make flexible service a welcome reality for our Armed Forces, who continue to serve us with distinction around the world, often in challenging circumstances. I beg to move.

[Earl Attlee (Con)]

My Lords, with his usual skill and clarity my noble friend the Minister has made more or less the same points that were made when we debated this matter during consideration of the primary legislation. I am entirely happy with his Motion. What I do not understand is why noble Lords opposite, and your Lordships’ Delegated Powers and Regulatory Reform Committee, sought the affirmative procedure for this very minor matter. Noble Lords should be aware that Ministers have the power to make much more significant changes to the terms and conditions of service than these very minor flexibilities. I hope the Opposition Front Bench have some substantive points or questions that are relevant to the regulations.

National Security Situation

Earl Attlee Excerpts

Thursday 19th April 2018 Lords Chamber

[Earl Attlee (Con)]

My Lords, I am grateful to my noble friend Lord Ahmad for introducing this debate today. It goes without saying that I fully support the recent military action, and we should be proud of and grateful for our Armed Forces’ efforts.

There has been much talk about war powers. Even before 2010, I always thought that having a vote in the Commons was foolish in the extreme. Of course debate, where possible, is essential. There are international conventions and treaties such as the Geneva Convention. Then there are our own parliamentary and constitutional conventions such as the Salisbury/Addison convention and the more recent but well-established Carter convention. They have all stood the test of time and seem to work in a variety of circumstances. Unfortunately, this new so-called convention has provided the wrong answer every time it has been used.

In 2003 the House of Commons authorised the illegal and unnecessary Operation Telic to invade Iraq, which was based on flawed intelligence not tested by proper debate in Cabinet, and, so far as I can determine, not tested by very senior Privy Council members of my own party either. I remind the House of my interest: I served on that operation. The noble Lord, Lord West, reminded us of how poor the strategy and how disastrous the history of that operation was. Interestingly, in your Lordships’ House we asked, “But what about the post-conflict plan?” Your Lordships were entirely confident that we would have the necessary military superiority over our opponents, and we got the normal platitudes, but, as the noble Lord, Lord West, told us, there was no proper post-conflict plan.

One of the unfortunate effects of the 2003 experience is that it has made the public and parliamentarians less willing to trust the Prime Minister and Government of the day on matters of national security—a point made by my noble friend Lady Neville-Jones. Therefore it was not surprising that in 2013 the House of Commons made another duff decision by declining to authorise military action in Syria, with all the adverse effects that we know about, touched on by many noble Lords, including the noble Lord, Lord Ricketts.

The 2003 vote was both pointless and damaging to morale in theatre. I know because I was there at the time. In the division alone we had 25,000 people on the ground who were vulnerable to a legal pre-emptive attack, provided it did not involve prohibited weapons. This is because Iraq had no WMD and we had no UN mandate. Fortunately, the Iraqi armed forces also had no suitable capability to make a first strike. The point is that the then Government had already taken military risks and exposed our forces to attack by authorising the deployment long before any vote took place in the House of Commons.

On morale, in 2003 the vast majority of the deployed force had never been in an operation where they were to make a deliberate large-scale attack on the enemy. Those young men and women needed to know that Parliament and the British people were right behind them. Of course, in a democracy there will be some contrary views, and servicepeople know that perfectly well. Nevertheless, it was deeply disturbing to many on that operation that the Commons was voting on the matter just hours before they were due to cross the start line with the possibility that they might never come back home. The other difficulty about any such vote in the Commons is that MPs are whipped on party lines. I think all noble Lords will agree that authorising or acquiescing to military action is strictly a matter for the House of Commons, although we can express a view.

Many noble Lords opposite who are so keen on a war powers Act were also kind and courageous enough to support me and the noble Baroness, Lady Hollins, in our amendments to the Data Protection Bill. I am now trying to convince just a few Conservative MPs to support us or at least to abstain on the Lords amendments. I am claiming to my colleagues that this is a matter of the first order of importance. However, thanks to the efforts of the Whips in the other place, I have managed to discuss the matter with only two MPs. The usual reply is that it is not something they know anything about and, by implication, they will vote with the Government and are not interested in what I have to say, or they even try to persuade me that I am wrong, which is always a possibility. But only a certain proportion of the membership of the Commons has a knowledge of defence, security and international relations, and even if most Members were at the level of many noble Lords who have spoken today, they still would not have the benefit of the JIC reports or a relationship and deep discussions with CDS—a point well made in general terms by my noble friend Lady Finn.

Another problem with the so-called convention is that it does not include Special Forces operations, for obvious reasons. Quite properly, it is very likely that political authority for most SF operations will be vested in no more than one of three very senior Ministers. If one of these operations went badly wrong, however, the strategic repercussions could be very serious indeed.

I believe that the old system was the correct one. The leader of Her Majesty’s Opposition and perhaps two other shadow Secretaries of State should take a briefing on Privy Council terms. If Her Majesty’s Opposition absolutely needs to, a vote of confidence in the Government can be called, either before or after the event, although that of course would run the risk of a general election. If the Government lost the vote of confidence, the operation would surely stop immediately. Therefore, the Commons always has the ability to stop an operation if it wants to, but it has that capability without the serious disadvantages attendant on a prior vote.

Much has been said about China. The reality is that, given the size of its economy, the number of well-educated people and its productive capability, it is catching up with the United States and will overtake it, just as the United States did to us. The reasons are exactly the same. The educated population in the United States overtook ours, and the same thing is happening in China: its educated and productive population is overtaking that of the United States. There is little we can do about that. We just have to manage it.

Our priority is Russia. The United States’ priority is dealing with China, and we understand that. However, we can help the United States by being able to deploy with a comprehensive capability. By that, I mean that we can offer a carrier battle group and an amphibious task group, and we ought to be able to deploy at divisional or large-scale level anywhere across the world, except for the Arctic. Partially in answer to the noble Lord, Lord Birt, we need to be able to run a medium-scale operation anywhere with our own carrier battle group capability. If we can do that, we will always be important to the Americans and will maintain that close relationship.

The consensus seems to be that we need to increase our defence expenditure to at least 2.5% and possibly 3%. I remember being somewhat surprised when the noble Lord, Lord Soley, suggested 3% in a relatively recent debate, but I now think he is probably right. However, there is a problem with increasing defence expenditure rapidly. It is not easy to do so without wasting the money. If we increase our capabilities, we need to ensure that those capabilities are balanced, and we are quite good at making sure that that is the case.

We also need to demonstrate that the capability that we already have works. That is why it is essential that exercise Saif Sareea is at least of medium scale—that is, that we deploy at least a brigade. We also need to show as soon as we can that we can deploy at large scale—in other words, a whole division—on an exercise overseas. It is a very long time since we have exercised a fully bombed-up division in the field. If I am not convinced that we can do it properly, I doubt that a peer opponent believes that we can do it, and that is very serious. The Minister may tell the House, as he has told me before, that we can test our capability with computer simulation, but that does not demonstrate to the outside world that we can do it; nor does it fully cover any weaknesses that one might discover in the logistics. I am particularly concerned that we have hollowed out our logistics, and I wonder whether that was what the noble and gallant Lord, Lord Houghton, was referring to. The cost of a large-scale deployment exercise is much lower than the cost of drastically increasing one’s capability.

On Assad, I do not want to be unhelpful to my noble friend the Minister, but has he any evidence to suggest that Assad will not win?

Defence Modernisation Programme

Earl Attlee Excerpts

Monday 29th January 2018 Lords Chamber

[Earl Attlee (Con)]

My Lords, in my short 25 years in Parliament, the best defence review I have seen was the SDSR 1998 of the noble Lord, Lord Robertson. But it was ruined by the Treasury’s 3% year-on-year cost saving, because you can never get such cost savings. Why do we keep including efficiency savings in the defence budget, because you can never get those efficiency savings, nor even the money to pump prime them?

[Earl Howe]

I do not share my noble friend’s scepticism about the efficiency programme. In fact, we already forecast a line of sight to 90% of our formal target of £7.4 billion, as set by the Treasury. I emphasise that these savings will not adversely affect defence outputs. I am talking about things such as transforming the way we procure equipment. We can get a lot better at that. The single-source contract regulations have saved us hundreds of millions of pounds already. We will be saving money by reviewing the military allowances. That programme is in addition to the multiple efficiency drives over recent years, such as improving our equipment support contracts, working more closely with industry partners to drive efficiency in, for example, the submarine programme, changing the way we procure complex weapons and, not least, a reduction in the size of our civilian workforce. Throughout those efficiency drives, we have maintained a world-class military, and that is what we will continue to do.