UK Parliament / Open data

Armed Forces Bill

Proceeding contribution from Earl Howe (Conservative) in the House of Lords on Wednesday, 27 April 2016. It occurred during Debate on bills on Armed Forces Bill.

My Lords, I begin by offering my apologies to the noble Baroness, Lady Smith of Newnham. If I have been guilty of failing to fulfil an undertaking to write to her on the questions she raised in Grand Committee, I will certainly look into that as a matter of urgency. I must also apologise to my noble friend Lord Hodgson for the delay in responding to his letter of last month. I can, however, tell him that a reply was dispatched to him today.

This amendment would create a legislative obligation on the Ministry of Defence regarding civilian casualties following military operations, including sharing the details of any investigations with Parliament. This would be inappropriate for several reasons, not least that each military operation is different, so respective arrangements are likely to vary, depending on which forces are involved. It also risks prejudicing the operational and personnel security of our Armed Forces.

First and foremost, I re-emphasise that the Government take the utmost care to avoid civilian casualties when planning and conducting any form of military operation. Every care is taken to avoid or minimise civilian casualties and our use of extremely accurate, precision-guided munitions supports this aim. By way of an example, the authorisation process for air strikes is extremely robust. All military targeting is governed by strict rules of engagement in accordance with both UK and international humanitarian law.

I will make absolutely clear that we will not use UK military force unless we are satisfied that its use is both necessary and lawful. This tried and tested process brings together policy, legal and targeting experts—and, of course, the men and women of our Armed Forces are highly trained, including in the law of armed conflict. After a strike has been carried out, we conduct a full review to establish what damage has been caused, specifically checking very carefully whether there are likely to have been civilian casualties.

The Government have always taken very seriously any allegations of civilian casualties. We have thorough processes in place to review such reports and will launch investigations where appropriate. We will continue to consider all available evidence to support such reviews, and the Defence Secretary has made a personal commitment that the department will review all claims.

In the event of a credible allegation of a civilian casualty, an independent service police investigation would take place. The department has a process in place to inform Ministers on a case-by-case basis, but this has not been necessary to date, given that we have had no confirmed incidents of civilian casualties in Iraq or Syria caused by UK action. We are also committed to updating Parliament with information regarding any confirmed civilian casualty caused by UK military action in Iraq or Syria.

9.45 pm

I assure the House that the Ministry of Defence is committed to transparency as far as possible. However, I hope that noble Lords will agree that it is also paramount that we maintain personnel and operational security. This includes not revealing details about our targeting processes, which may endanger personnel and our ability to operate. To disclose that information, even in part, would prejudice the capability, effectiveness and security of the UK Armed Forces.

A requirement in primary legislation to publish data on a regular basis may seem to be a way of holding the current and future Governments to account, but it would impose an unnecessary and inflexible burden. For example, we would have had nothing to report thus far on our operations in Iraq and Syria. The care that we take on operations means that civilian casualties are a rare occurrence. It is far more effective and timely for the department to notify Parliament by exception, which allows for proper due diligence to be paid to individual cases, rather than to have it imposed as a regular reporting obligation.

As I have made clear, the MoD has clear processes and procedures to minimise civilian casualties. The principle of openness on this issue is something which we strongly support and which we have demonstrated during our current operations in Iraq and Syria. We have been very open and transparent about the air strikes that we are conducting in Iraq and Syria: reports are posted online two or three times a week. These reports explain where a military operation has taken place and what effect has been achieved in the fight against Daesh. Where information is not disclosed, it is for very good operational reasons. In the light of what I have said on this matter, I hope that the noble Baroness will agree to withdraw her amendment.

Type
Proceeding contribution
Reference
771 cc1229-1230 
Session
2015-16
Chamber / Committee
House of Lords chamber
Islamic State
Monday, 13 June 2016
Written questions
House of Commons
Subjects
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