Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2009

My Lords, from the Liberal Democrat Benches, I support these eight orders. They represent a thorough updating of Armed Forces law, particularly in relation to enlistment, court-martial and other disciplinary and prosecution matters. The Armed Forces (Enlistment) Regulations 2009 will have a somewhat historic impact on the Royal Navy, in that it will mean recruits will no longer enter service but will be enlisted and, for the first time, will be required to swear an oath of allegiance. We understand that the reason for the Royal Navy’s historic exemption is that it is the oldest of the three services and was established by the Sovereign’s prerogative rather than by an Act of Parliament. The significance of this change, at least on a purely constitutional level, must not be overlooked; it raises many questions about why it is taking place now. Will it really improve or make any difference to the way the services interact with each other? How does the Royal Navy see itself, and how does it feel about this change? Will existing servicemen be required to make a retrospective oath? I return to the bulk of these orders, which are largely uncontroversial. The House of Lords Merits of Statutory Instruments Committee had little to say about them. The Armed Forces, Army, Air Force And Naval Discipline Acts (Continuation) Order 2009 is an order that we consider each year, and we welcome it again as we have done on so many other occasions previously. The Armed Forces (Court Martial) Rules 2009 is a sensible way to proceed and we emphasise our commitment that the composition of the court martial be drawn from each and every branch of the Armed Forces. With regard to the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009, which deal with the procedure for investigating offences and referring cases and charges to the Director of Service Prosecutions, on 11 October 2006 the noble Lord, Lord Ramsbotham, made an important point about the need for a commanding officer to be kept regularly informed by the service policemen throughout an investigation and not merely when the case is referred to the DSP. The Minister at the time, the noble Lord, Lord Drayson, gave an undertaking that this would be the case. Are the Government satisfied that this order retains the spirit of that commitment and will the noble Baroness confirm that the experience of the last few years has been one where commanding officers have had regular communication in such situations? The Explanatory Memorandum for this regulation indicates that the statutory instrument can come into force at different times for certain situations. Why is this being suggested and why the split? What is the point of the differential? Turning to the Armed Forces (Powers of Stop and Search, Seizure and Retention) Order 2009, our view is that this is wholly commendable and it is wholly commendable that the PACE provisions should be extended in suitable form to members of the Armed Forces. The Explanatory Memorandum refers to a new manual of service law which is currently being prepared to provide guidance ""on the single system of service law established under the Armed Forces Act 2006"." Will the Government consider a simplified, general brochure for servicemen? Turning to the Court Martial (Prosecution Appeals) Order 2009, Regulation 16(5) now requires the judge advocate to issue a written certificate that he is given leave to appeal. This is eminently sensible in our view and to be welcomed. Finally, I turn to the Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of Criminal Justice Act 2003) Regulations 2009. Here also the provisions are to be wholly welcomed, especially in modification to Sections 143 and 240 of the Criminal Justice Act 2003. Committing offences while on bail are at the core of the overall criminal sentencing process. Time spent in custody, to which the noble Baroness referred, pre-trial or sentence being taken into account for the purposes of the overall sentence is a fundamental principle to which each defendant is entitled. It is only right that both differing principles should apply equally to service personnel.