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Armed Forces Bill

My Lords, Amendments Nos. 4, 4A and 6 change the substance of the offence of obstructing operations. Amendment No. 4 seeks to add ““without lawful excuse”” to Clause 3(1)(a). It would mean that doing an act that was likely to put at risk the success of an action or operation would not be an offence if it was done with a lawful excuse. This cannot be right. The offence provides that such an act requires that the defendant must have intended or been reckless as to whether he prevents the success of the action or operation. But there can never be a lawful or even a reasonable excuse for preventing the success of an action or operation when there is an intention to do so or the person is reckless as to whether success is prevented. The position on the next subsection is different. Here the Bill includes the defence of ““without lawful excuse”” in the offence of delaying or discouraging an action or operation. It is right that we have included ““without lawful excuse”” in relation to this offence because there may be good reason to do so. Indeed, there may be express or implied authority to do so. For example, it may be necessary to delay in order to await more troops. But the same, as I have said, can never apply to preventing the success of an action or operation. Amendments Nos. 4A and 6 relate to the lawfulness of the action or operation for an offence to have been committed. This is a similar issue to that that arises later with regard to the offence of desertion. I understand the thinking behind these amendments, but they are simply unnecessary. Issues of international law are rarely straightforward, and members of the Armed Forces should not be expected to wrestle with the complexities of this field of law. I dealt with these arguments in Committee in some detail, and I hope that your Lordships will forgive me for repeating myself. International law looks at Governments and states in relation to the legality of operations; it does not expect the ordinary serviceman or woman to assess whether an operation is sanctioned by international law. It would totally undermine the cohesion of the Armed Forces to provide, in respect of operations, for a member of the Armed Forces to obstruct an action or operation because he or she thought that it was unlawful or contrary to international law. The law relating to whether a war or an occupation is lawful essentially applies at a national level. It certainly does not create a legal liability on service personnel who participate in it. The law which applies to them is the law in relation to the conduct of that operation. The decision to go to war is for the Government of the day, and we take our legal obligations, both domestic and international, extremely seriously. Any decision to take military action is carefully considered in all circumstances, and legal advice is obtained at the highest levels. I hope that with this explanation the noble Lord feels able to withdraw the amendment.