Why the military covenant should not be made law

In a democracy, there is no mutuality of obligation between the armed forces and the government.

The enshrining of the military covenant into statute is a dangerous mistake. Oh, it's good politics. In fact, it's mandatory politics. The minister, or shadow minister, who attempts to stand in the way of the press and public clamour to "back our boys" won't remain a minister for long.

But the reality is that this proposed law is wrong in logic, practice and principle. I'm still at a bit of a loss to find out where this concept of the military covenant actually came from. Some claim it dates back to Henry VIII, which is odd, given that in his time Britain, or England, as it was, didn't even have a standing professional army or navy.

Obviously, the values underpinning it are sound. Britain's armed forces are ritualistically praised by politicians for their courage and professionalism, then rewarded with lousy pay, dysfunctional equipment and disgusting living conditions. When they cease to serve, the gratitude of a grateful nation has all too often consisted of a sleeping bag beneath the arches of Charing Cross railway station. But, in our desire to right that manifest wrong, it is important we do not inadvertently, and recklessly, alter the delicate nature of the relationship between the armed forces and the democratic state.

A number of arguments have been made in support of codifying the covenant in law. The main one is that members of the armed forces, uniquely, must be prepared to pay the "ultimate price" for their service. That is factually inaccurate, as the family of the Northern Ireland Police Service officer Ronan Kerr would tragically attest. Policemen, firemen and lifeboatmen, to pick just three professions, all accept death as an occupational hazard. That is not in any way to diminish the heroism of our soldiers, sailors and airmen. But heroism is not the unique preserve of the military.

How, too, is this enshrining of the covenant going to function in practice? Think of the following clause: "British soldiers must always be able to expect fair treatment, to be valued and respected as individuals."

What, in law, will be the definition of "respected as individuals"? If you order someone to charge an enemy machine gun nest, could you really be said to be valuing and respecting them?

A step change too far

The grim reality of military service is that, on occasion, personnel will be sacrificed to secure broader national objectives. The welfare of the individual will at times, by necessity, become secondary.

But there is a much more fundamental problem with this proposed legislation, one that goes to the heart of the power balance existing between ministers and generals. As the covenant states: "the unique nature of military land operations means that the army differs from all other institutions, and must be sustained and provided for accordingly by the Nation". It represents, it adds, a "mutual obligation".

That is wrong. In a democracy there is no mutuality of obligation between the armed forces and the civil power. The former is subservient to the latter. That is the founding principle on which all democracies are based.

There are rare exceptions to this rule. If the military are given orders that are illegal, they have a right to disobey them. But the implications of such a schism are so great that they can only be allowed to occur in extremis. Control of the military should be removed from the hands of the politicians only in the most exceptional circumstances. And to abolish that principle explicitly, via statute, is an incredibly dangerous step to take.

Because these are not abstract notions. In the run-up to the invasion of Iraq, the service chiefs sought independent advice on the legality of that operation. Admiral Sir Michael Boyce, chief of the general staff, specifically demanded unambiguous advice from Lord Goldsmith, then attorney general, that the US-led invasion was legal under international law and that existing UN resolutions provided a basis for the use of force.

Whatever your views on that conflict, imagine for a second if the response from the lawyers had not been adequate. If we had faced a situation where the prime minister had ordered our armed forces into battle, but the service chiefs had refused. Britain would have faced a constitutional crisis.

This is big politics that goes way beyond the peeling walls of the NAAFI and the level of the service pension. These matters certainly need to be addressed, but in a way that does not undermine the primacy of our elected politicians, or place them on an equal legal footing with the generals they purportedly command.

The true covenant between the military and its government is that it will serve it loyally, without fear or favour. If necessary, it will march and fight and die for policies or causes that it does not necessarily understand or support. Theirs is not to reason why. We replace that covenant at our peril.

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Rarely has it mattered so little if Manchester United won; rarely has it been so special they did

Team's Europa League victory offers chance for sorely needed celebration of a city's spirit.

Carlo Ancelotti, the Bayern Munich manager, memorably once said that football is “the most important of the least important things”, but he was only partly right. While it is absolutely the case that a bunch of people chasing around a field is insignificant, a bunch of people chasing around a field is not really what football is about.

At a football match can you set aside the strictures that govern real life and freely scream, shout and cuddle strangers. Football tracks life with such unfailing omnipresence, garnishing the mundane with regular doses of drama and suspense; football is amazing, and even when it isn’t there’s always the possibility that it’s about to be.

Football bestows primal paroxysms of intense, transcendent ecstasy, shared both with people who mean everything and people who mean nothing. Football carves out time for people it's important to see and delivers people it becomes important to see. Football is a structure with folklore, mythology, language and symbols; being part of football is being part of something big, special, and eternal. Football is the best thing in the world when things go well, and still the best thing in the world when they don’t. There is nothing remotely like it. Nothing.

Football is about community and identity, friends and family; football is about expression and abandon, laughter and song; football is about love and pride. Football is about all the beauty in the world.

And the world is a beautiful place, even though it doesn’t always seem that way – now especially. But in the horror of terror we’ve seen amazing kindness, uplifting unity and awesome dignity which is the absolute point of everything.

In Stockholm last night, 50,000 or so people gathered for a football match, trying to find a way of celebrating all of these things. Around town before the game the atmosphere was not as boisterous as usual, but in the ground the old conviction gradually returned. The PA played Bob Marley’s Three Little Birds, an Ajax staple with lyrics not entirely appropriate: there is plenty about which to worry, and for some every little thing is never going to be alright.

But somehow the sentiment felt right and the Mancunian contingent joined in with gusto, following it up with “We’ll never die,” – a song of defiance born from the ashes of the Munich air disaster and generally aired at the end of games, often when defeat is imminent. Last night it was needed from the outset, though this time its final line – “we’ll keep the red flag flying high, coz Man United will never die" – was not about a football team but a city, a spirit, and a way of life. 

Over the course of the night, every burst of song and even the minute's silence chorused with that theme: “Manchester, Manchester, Manchester”; “Manchester la la la”; “Oh Manchester is wonderful”. Sparse and simple words, layered and complex meanings.

The match itself was a curious affair. Rarely has it mattered so little whether or not United won; rarely has it been so special that they did. Manchester United do not represent or appeal to everyone in Manchester but they epitomise a similar brilliance to Manchester, brilliance which they take to the world. Brilliance like youthfulness, toughness, swagger and zest; brilliance which has been to the fore these last three days, despite it all.

Last night they drew upon their most prosaic aspects, outfighting and outrunning a willing but callow opponent to win the only trophy to have eluded them. They did not make things better, but they did bring happiness and positivity at a time when happiness and positivity needed to be brought; football is not “the most important of the least important things,” it is the least important of the most important things.

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