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Armed Forces Bill

My Lords, I beg to disagree. Although it is right that we should confine ourselves so far as we can on Report, the principles behind a particular issue become clearer as the debate goes on. The importance of those issues is also highlighted. So it is here. Where we are dealing in essence with a constitutional matter, it is important that it should be expressed, particularly if we are going to vote on the matter, which we did not do in Committee. The Crown’s prerogative—used to declare war, to send our troops into operations, and so on—must at the end of the day be subject to scrutiny. If the exercise of that prerogative is illegal, the domestic courts of this country should be able to say so. It is not a question of the particular defendant, when he deserts or refuses to obey a command, getting a book on international law to see what the situation is; it is a question of whether, later in the courtroom, he can argue legality or illegality before the people who are charged with deciding such questions properly, should Her Majesty’s judges decide whether Her Majesty’s Ministers have taken a legal action. I fully support Amendment No. 18. Although Amendments Nos. 15 to 17 are listed in a later group, I shall not address your Lordships any further in the subsequent debate.