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Armed Forces Bill

I am grateful to the noble Lord, Lord Judd, for continuing the debate that we had on Amendment No. 14, in which I also said something about Amendment No. 25. My noble friend Lord Garden will speak to Amendment No. 26. As to Amendment No. 27, we have yet to hear from the noble and gallant Lord, Lord Craig. I commend him for producing a clearer definition of ““desertion”” than appears in the Bill. No doubt we shall hear how that is put in due course. In our earlier debate I was interested, if not startled, to appreciate what was said by the noble and learned Lord, Lord Mayhew of Twysden, about the fact that the Attorney-General determines the legality of a war and cannot be questioned in the courts. The noble Lord, Lord Judd, has made exactly the point that I would have made: nobody knows what his advice was. It was hotly debated; it was advice which was required at the time by the Chief of the Defence Staff, who is in his place. He was not prepared to order the advance unless he had the assurance that the invasion was legal. Noble Lords will recall that, in the end, it was the decision of the Prime Minister. Having taken advice, he decided that the invasion should commence. It was an exercise of the Royal Prerogative. Is that the end of it? That is the issue we are facing. Is no one able to question the decision of the Prime Minister, advised as he is by unknown advice from the Attorney-General as to the legality of an invasion or, in the context of the amendment of the noble Lord, Lord Judd, the legality of a military occupation of a foreign country or territory? That is the area I have been seeking to explore with both Amendments Nos. 14 and 25. It must be possible for a person charged with an offence of desertion to say, ““Well, I was being asked to participate in something that was entirely illegal””. Surely he can argue that. He may not succeed—he is unlikely to succeed—but surely he can put forward that argument. I have already expounded at some length on this topic and I shall not weary the Committee any further because I want to come back to it on Report. As I say, I support the noble Lord, Lord Judd, in his amendment.