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Armed Forces: Chain of Command

My Lords, I too thank the noble Lord, Lord Campbell, for introducing the debate. I rise with trepidation and contribute in awe of the noble and gallant Lords who have all spoken on a similar theme. I fear that my comments might be misinterpreted as lack of loyalty to the Armed Forces. I affirm my personal loyalty and commitment to and admiration of the work of the British Armed Forces, in the honest knowledge that, when I look into my own soul, I am not sure that I could meet the challenge that they meet daily. Nevertheless, the Armed Forces exist in the context of a modern, democratic nation. We have a duty to the Armed Forces to equip them, to train them, to develop them, to remunerate them and to care for them, and we   have a responsibility to create the right legal framework. As a nation, we must also be accountable for our soldiers. Our great ally, the United States, has done immeasurable damage to its reputation by failing to manage one or two or perhaps a dozen or so individuals who have not been controlled properly and who have not been held accountable effectively by the system. If the nation is to be accountable for its soldiers, the Armed Forces must be accountable. At the end of the day, accountability is a process that holds individuals accountable. If we want to meet the standards of our nation, we must, inescapably, have a system of accountability for all members of the Armed Forces. The consensus is that the normal criminal law would be inadequate and that the circumstances in which people go to war are special. It is unusual in law to have such a special piece of law, but there is nothing between us in the need for that. Any system of law has, as part of its execution, proportionality, and, whether we like it or not, a death is a serious event. It is entirely reasonable that a process of law and of accountability will take a death seriously. I shall not review the Trooper Williams case—I do not know enough about it and I do not believe that I would add anything to the debate—but his principal punishment has been uncertainty. That uncertainty comes from ill administration in many areas: a series of individual decisions that, with the benefit of hindsight, appear unsatisfactory. He is not alone. Unfortunately, on many occasions, we do not provide timely and wise processes, particularly the CPS. I know of many people who suffer the punishment of uncertainty. Let us look forward and consider what is to be done. We must not take away the burden of accountability. It is crucial that our Armed Forces are accountable to a standard that commands the respect of the international community. That is one of the features that cause us to stand out as a nation. We must not do anything to take away that accountability. It is clear that the administration of justice by the agents of justice did not serve Trooper Williams, the Army or the reputation of the Army and our nation well. As individuals and as a government, we must constantly apply pressure for the agents of justice, within the military and without it, to be more efficient and to be more capable of timely and wise administration. What else can we do? Together, we can work on the new Armed Forces Bill, on the tri-service Act, or whatever it is to be called. That can take account of the many problems faced by the modern military. It can meet the essential elements of being fit for purpose, of securing appropriate accountability and of assuring the men and women of our Armed Forces that it is fair and timely. If we can improve the law and its administration, we can maintain and improve the morale of our excellent Armed Forces.