My Lords, I start my first contribution in Committee by thanking the Minister and her officials for the courteous briefing and the informed and courteous way in which she has conducted
the Committee and this work. It is extremely helpful to us all, so it is worth publicly thanking the Minister for that and for the way she has tried to engage with us.
I had a great speech written—well, I do not know if it was a great speech, but I had one written—in support of Amendment 5. However, one of the important things that the Minister does is to try to respond to the debate, and I want to pick up on what I think have been some brilliant contributions to this discussion. We all support a covenant. We all support the Armed Forces Bill and what is in it. We all believe that this is a step forward, we are all pleased that the Government are putting a legal duty on local authorities to do this, and so on. We all agree with the Bill so the discussions taking place here are about how we can make it even better, and to get the Government to clarify some of their thoughts and put their intentions on record for people to read.
I was particularly moved—I say this with trepidation because I am neither a lawyer nor a military person, but I think it is important in these debates to speak from where the public would come from—by what the noble and learned Lord, Lord Thomas of Cwmgiedd, said: this element of the Bill, on how the military deals with sexual offences and some of the most serious crimes, goes to the heart of the confidence that the public have, or do not have, in the Armed Forces. You can see that as an analogy with the police at present; I come from a police family so I understand that issue. Surely that is the point that the Bill is getting at.
I know the Minister will point to the reforms that are going to be made, the welcome introduction of the tri-service serious crimes unit and so on, but we all agree that some of the things that we read about—and I intend to quote some because it is important to put some of the statistics before the Committee—are truly shocking. We saw a particularly horrendous example in our papers at the weekend. I know that the vast majority of the military, whether they be privates, sergeants, officers, Royal Navy, airmen or soldiers, want this dealt with as well.
The challenge for us in the Committee is how the system that we set up will best reassure the public that these matters are being dealt with—how it will help with the reputation of the Armed Forces but also allow service men and women to get the justice that they too deserve. That is the purpose of Amendment 5, which I put my name to and was moved so ably by the noble Lord, Lord Thomas of Gresford.
If it is not to be done in the civilian courts, which is what the amendment is pushing for, how will we know—and how will the public be reassured—about some of the things that they are reading about, where terrible, unacceptable sexual crime, rape and murder take place and have no consequence, or where people do not believe that the system works and therefore do not come forward? That is the challenge. As noble Lords have said, the amendment is all about jurisdiction. What jurisdiction would best deal with these offences in the way that I have outlined?
It is not just me. Judge Shaun Lyons and Sir Jon Murphy recommended that the most serious crimes should be removed from the military justice
system; the recent report by the Defence Select Committee recommended the same; and Johnny Mercer MP, who was a Defence Minister, has now said he believes that should happen. These are serious bodies of opinion supporting the amendment of the noble Lord, Lord Thomas, as well as other issues that have been raised.
I know much of this will come forward when we talk about the tri-service serious crimes unit, but I want to put on record the recent Times article that I was particularly struck by, which said:
“Complaints of rape and sexual assault made by girls under 18 in the military have risen tenfold since 2015, Ministry of Defence figures reveal.”
That is shocking—and it is from the MoD’s own figures, unless the Minister says that the Times has got it wrong. The article says that
“girls under 18 in the armed forces have made 41 complaints of rape and sexual assault to the military police since 2015 … equivalent to one report for every 40 girls. This makes girls in the armed forces more than twice as likely as their civilian counterparts to report a rape or sexual assault to police.”
The amendment is intended only to pose the question, given the statistics being reported, of whether a change to the jurisdiction would, first, give more confidence to people to come forward; and, secondly, give more confidence to the public, because such horrific incidents and cases, which we all abhor, are best dealt with by the civilian courts.
5.30 pm
I completely changed what I was going to say because I was moved by what was said. In Committee, we go into the detail that at Second Reading, Third Reading and, sometimes, on Report we do not. That is the purpose of Committee: to scrutinise the Bill line by line, but also to respond to what noble Lords have said and think about how that relates to the Bill. We all want to ensure that justice works in the military, whether through the service justice system or through the civilian courts.
I finish with this point. The Henriques report, which we shall come to, suggested, unless I misrepresent it, that because prosecution rates for rape and some other serious crimes were poor in the civilian court system—the criminal justice system—that was a reason for keeping them in the military justice system. I think that is a very poor argument. Whether in the service justice system or the criminal justice system, we are all appalled by low levels of prosecution, but we are here debating a matter of principle: where best is justice served; where best is the public reputation kept or, in some circumstances, restored; and how do we ensure that confidence is there not only for the public but for service men and women to feel confident that if they come forward, they will be listened to and get a proper response to the accusations made? Amendment 5 suggests that, for serious crimes, that may well be in the civilian court, not within the service justice system.