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Armed Forces: Chain of Command

My Lords, like other noble Lords I thank the noble Lord, Lord Campbell of Alloway, for initiating this very important debate. It is an enormously important issue, because if the integrity and authority of the Armed Forces’ chain of command is undermined it will have serious implications on morale and the fighting effectiveness of our Armed Forces. A robust and, I stress, trusted chain of command is much more than a system for passing information and orders. Nor is it about discipline and punishment. Very   importantly, it is about confidence and trust in the chain of command from the very bottom to the very top. Military command is very personal and very different to civilian life, not least because a military commander may have to lead men and women on operations where their lives may be in great danger. The whole chain of command has a duty for its servicemen and servicewomen and must do its best to ensure that it balances the care with the rights and interests of the civilian population and the law. Troops are assured by their officers that if they act in good faith and obey the rules of engagement they will be supported. At the same time a commanding officer and the chain of command have significant powers of punishment, but I must stress that it is not fear of punishment that makes our servicemen behave honourably in battle. The fact that our servicemen have such a high reputation is due to training, to pride in their unit, self-respect and, very importantly, their commanders—that is, the chain of command. But I am left with an uneasy feeling that that trust is being eroded. In the case of Trooper Williams the public and many in the Army gained the very clear impression that it needed a team led by General Sir Anthony Walker—a retired general in Trooper Williams’s regiment—to make sure that Williams was being properly cared for and looked after. I know less about the Colonel Collins case, but his book makes it very clear that he felt that he had been deserted by the chain of command. My concern is compounded by the fact that 176 cases have been or are being investigated, and those include what I would call normal military fire-fights against the enemy in a war zone. The fact that the great majority of the cases have been dismissed is not the point, given that Iraq is a war zone. But the fact that those cases are being investigated sends a terrible message to the soldiers. I hope that military commanders throughout the chain of command are fully engaged, as well as the lawyers and civil servants who advise Ministers. That may sound unfair, but that perception is held by many. Let me make it absolutely clear that I am not saying that it is acceptable for prisoners to be appallingly treated or, even worse, for people to commit murder. I believe in the rule of law, but equally we have to recognise the realities of operational service in places such as Iraq. The situation in Iraq has been well described by General Lamb, a divisional commander there with considerable operational experience. He is certainly not prone to exaggeration. He described it as highly volatile, highly dangerous, and the worst situation that he had experienced. He confirmed the state of lawlessness and the huge pressure on his troops working in dreadful physical conditions, never knowing when in a moment an apparently benign situation would turn into a lethal attack. British soldiers have been killed and gravely injured. They faced mortar bombs, shelling, stoning, shooting and any kind of potentially lethal attack. Yesterday when I was in the Ministry of Defence, I was assured that a soldier would not have to appear before the International Criminal Court provided that the charge against him had been investigated by the military justice system, even if that charge had been dismissed. However, having heard some of the comments made today, especially those of the noble Lord, Lord Hoyle, I would like the Minister to confirm that what I was told in the Ministry of Defence yesterday is correct. Certainly, I would dread the day when a member of the British Armed Forces was tried by that court, because I believe passionately that if a soldier on operational service has broken the law, he should be tried by his own nation and not subject to the humiliation of going to the International Criminal Court. Like the noble and gallant Lord, Lord Guthrie, I have heard the concerns from lawyers and some commanders about the questioning techniques used by the Special Investigations Branch of the Royal Military Police. It is an organisation of which I once had the privilege of being the colonel commandant. They believe that technique to be unduly aggressive and biased, and that it appears to be based on the supposition that those whom the branch is investigating are guilty and that it is its duty to prove it. I seek assurance that the huge emotional and practical importance of the military chain of command, from the commanding officer right up to the Ministry of Defence and Ministers, is really understood. As I have said, my concern may be about perceptions, but I assure noble Lords that those perceptions exist. Therefore, the chain of command throughout its strength has to make it clear that a serviceman will be looked after by the chain of command, whatever his offence. It would be disastrous if servicemen lost faith in the chain of command, and there would be a danger that they might hesitate to use lethal force for fear of prosecution and their lives might be needlessly lost. In addition, it would be disastrous if we undermined the military justice system, which is a free-standing criminal justice system equal to that of a civil jury trial. If people such as Trooper Williams and others are to fight on the nation’s behalf in areas as dangerous as Iraq, they are entitled to expect not only that the chain of command will keep its word, but that the Army and therefore the nation will support them provided that they act in good faith.