Armed Forces Bill

This group of amendments places in the Bill the make-up of the panels. There was much debate on this issue in the other place, and it focused not only on putting the numbers in the Bill but on whether there should be a presumption that the panel of the court martial should be made up of members of the defendant’s own service. The Minister will know that Admiral Lord Boyce has been vigorous in his pursuit of ensuring that that should be the presumption. The former Chief of the General Staff, General Sir Mike Jackson, was also very much of the view that soldiers should preferably be tried by other soldiers, and that that should be the presumption. I seek from the Minister a repetition of the assurance that was given in the other place by Lord Drayson, who said:"““We strongly believe—this is the view of all three services—that a court martial should generally be made up from individuals of the defendant’s own service, and that should be the presumption.””—[Official Report, House of Lords, 31 October 2006; Vol. 686, c. 226.]" One of the difficulties that we face is that the Bill will generate a vast amount of regulation, of which we have not yet had sight. That is understandable, but it makes our task more difficult. It is important that we have an assurance that there is no doubt that that will be the presumption. Lord Boyce made the point that, for example, there would be no point in a soldier or a sailor dealing with a case involving negligence while flying. Equally, if a ship had run aground, it would be much more sensible to have a naval panel to administer the court martial than soldiers or airmen. We have logic on our side in this matter, and I hope that the Minister will be able to confirm what his noble Friend said in the other place. A further issue in relation to courts martial relates to the Director of Service Prosecutions, who will administer the process. I hope that the Minister will be able to repeat in this House the desire expressed in the other place that the director should have military experience, and that, if he does not, he should be sent on an induction course to ensure that he does. I see a certain amount of agreement on this in parts of the Chamber where, I assure the Minister, it is valuable for him to have agreement. In consequence, I do not think that giving such an assurance should cause him any trouble. It is important, however, that he should give us that assurance here tonight.