My Lords, I thank the Minister for explaining the statutory instruments. We welcome them and the continued attention to discipline, enlistment and other issues in the three services of our Armed Forces.
All these orders regulate and affect in some way the working relationship between the Armed Forces and the population as a whole. The first is of fundamental importance, of course, because it is the mechanism whereby the Executive draws authority from Parliament to maintain the Armed Forces for a further year. To debate this issue gives us the opportunity to remind ourselves and the Government that the Armed Forces, although an instrument of the Executive, are in fact a creature of Parliament. With that goes the opportunity to reflect that this is a two-way relationship: Parliament creates the Armed Forces, and that gives us in Parliament the responsibility to ensure that they are properly sustained.
Our fellow citizens who serve as members of the Armed Forces are exactly that—members of a lawfully armed and disciplined force. In appropriate circumstances they have to use force, including, as necessary, lethal force—a lawful power to kill; in fact, a duty. It is precisely that body of law that so authorises them and disciplines them in the power and duty that is now before us for our careful consideration.
As our Armed Forces are so exceptionally entrusted, do the Government consider it necessary to revise the relationship between our troops and the Human Rights Act? Over the past decade, many senior military professionals have voiced discontent with this legislation being applied in a combat environment. We debated this issue, and the recent Court of Appeal judgment, at Question Time on Monday. As I mentioned then, that judgment is causing serious operational problems for the Armed Forces. Will the Minister undertake to discuss with her colleagues the potential use of the proposed constitutional renewal Bill to include provisions relating to combat zones?
I want to call attention to the need for the Armed Forces Act 2006 to be wholly renewed by 2011. What feedback has the Government received from those within the Armed Forces and from other interested parties as a result of the distribution of the Armed Forces manual? Are there any loose ends waiting to be sorted out that might be incorporated in later versions? Will the Minister confirm that her department is giving serious thought—I am sure it is—to the new version of the Armed Forces Act to ensure that it is implemented as smoothly as possible?
Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2009
Proceeding contribution from
Lord Astor of Hever
(Conservative)
in the House of Lords on Thursday, 18 June 2009.
It occurred during Debates on delegated legislation on Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2009.
About this proceeding contribution
Reference
711 c1279-80 Session
2008-09Chamber / Committee
House of Lords chamberSubjects
Legislation
Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2009Armed Forces (Enlistment) Regulations 2009
Court Martial (Prosecution Appeals) Order 2009
Armed Forces Act 2006 (Consequential Amendments) Order 2009
Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009
Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009
Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009
Armed Forces (Court Martial) Rules 2009
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2024-04-21 12:18:58 +0100
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