My Lords, for those of us who have served as deck hands on the good ship HMS “Defence” for some time, this continuation order will have a certain familiar resonance, but formalities must prevail.
The purpose of the order is to continue in force the legislation governing the Armed Forces, the Armed Forces Act 2006, for a further period of one year until December 2024. Our annual consideration of the legislation governing the Armed Forces, the 2006 Act, reflects the constitutional requirement under the Bill of Rights that the Armed Forces may not be maintained without the consent of this Parliament. So, while this is a routine item of parliamentary business, it is also one that must be done.
I remind your Lordships that there is a five-yearly renewal by Act of Parliament, which is the primary purpose of the Armed Forces Act. As noble Lords will recall, the most recent was in 2021, and another will be required before the end of 2026. Between each five-yearly Act, annual renewal is by Order in Council, such as the one before us today.
If the Order in Council is not made by the end of 14 December 2023, the Armed Forces Act 2006 will automatically expire, in effect ending the powers and provisions to maintain our Armed Forces as disciplined bodies. As your Lordships will understand, this would have real consequences, as servicepersons have no contract of employment and thereby no duty as employees; instead, they owe a duty of allegiance to His Majesty and an obligation to obey lawful commands. This duty is enforced through the 2006 Act, which contains the provisions for the maintenance of the Armed Forces, including the systems of command, justice and discipline. If the order were not to be renewed, while servicepersons will continue to owe a duty to His Majesty, Parliament will have removed the power of enforcement—that 2006 Act. Consequently, this will leave courts martial and commanding officers powerless to punish transgressors for criminal conduct or disciplinary matters.
Therefore, the continuation of this Act is essential for the maintenance of discipline wheresoever in the world servicepersons do serve—that sounds straight out of the 17th century, I have to say.
Importantly, the act of renewal also presents Parliament with an opportunity to reflect on and pay gratitude to those who protect us and defend our country’s interest in a very uncertain world—a world which will see the Defence Command Paper refresh tackle the issue of how the UK’s Armed Forces will keep pace with, and be able to counter, the evolving threats in the international environment, while building on the original work of earlier Command Papers.
It is vital that our Armed Forces maintain a state of readiness to work with and support our NATO allies and partners to combat today’s—and tomorrow’s—threats, wherever they arise, as exemplified by the professionalism of our service personnel in their unstinting efforts, for example, to instruct and train thousands of Ukrainian men and women in our combined arms approach to warfare, which may prove pivotal to the outcome of the ongoing counter-offensive.