7 January 2003
Re: USA's National Missile Defense System (NMD): public consultation:
request for use of UK Defence Land at 'RAF' Fylingdales:
'RAF' Menwith Hill, existing NMD installations:

Letter to Alice Mahon M.P.
 
 
WOMENWITH HILL WOMEN'S PEACE CAMP(AIGN)
P.O. BOX 105, HARROGATE HG3 2FE

7th January 2003

Dear Alice,

This letter is additional to our previous submissions and in response to the reassurances given on January 6th 2003, by the Secretary of State for Defence in reply to concerns expressed by residents in the Fylingdales' area.

On 15th December 2002 I wrote to you on behalf of WoMenwith Hill women (copy enclosed for convenience) concerning the lack of any legislation which could allow the Secretary of State for Defence to authorise use of UK Defence Lands for USA's NMD installations. We maintain that NMD is a system for the unilateral defence of the continental USA and to allow UK Defence Lands to be used for such would be contrary to UK law .

On 18th December 2002 I wrote to the North York Moors National Park Authority (copy enclosed), That letter considers the position of the local authority Planning Department, to which planning proposals for developments on Crown Land, occupied by the Ministry of Defence and visiting forces, are submitted.

Although the Secretary of State for Defence (January 6th 2003) has publicly given assurances that the USA's NMD X-Band Radar will not be developed at RAF Fylingdales, there are still components of the USA's NMD at that base, installed and operated by US Space Command. There are plans in the pipeline to 'refurbish all the buildings', which must be to service the NMD role. Our argument, that USA's unilateral defence system (NMD) is unlawful use of the UK's Defence Lands, is still applicable.

Components of the Space Based Infra Red System are already installed at 'RAF' Menwith Hill and during the past year or so there have been 25 development plans for Menwith Hill, submitted to and approved by the Harrogate Borough Planning Department. We believe these developments comprise an upgrading of the infrastructure of the base to support its NMD role.

With one exception, all the Acts of Parliament, which govern the Defence Secretary's acquisition and use of land for the Defence of the Realm, and which govern the use of Defence Lands by Visiting Forces are based on '…arrangements for our common defence…'

The Visiting Forces Act 1952 and International Headquarters Act 1964 specify '…arrangements for common defence…'

In 1999 these were updated by Order in Council , (to take account of recent changes in legislation e.g. Town and Country Planning Act 1990). They are now amended by
Statutory Instrument 1999 1736: Visiting Forces and International Headquarters (Application of Law) Order 1999.

In this SI there appears to be no reference to '…arrangements for common defence…'

This Statutory Instrument is flawed, however, because it fails to take account of implied repeal of Acts of Parliament , on which sections of the Visiting Forces Act 1952 were based. The Defence Act 1842 is repealed by implication because its provisions were incorporated into the Military Lands Act 1892 .
Article 5 of the Statutory Instrument: Exercise of powers by the Secretary of State in relation to land, section (4) states: 'In this Article the "Defence Acts" means the Defence Acts 1842 to 1873…'
Schedule 3: Enactments relating to land: cites the Defence Act 1842.

[Public Rights of Way at RAF Fylingdales were closed and diverted by Dr Lewis Moonie, Under Secretary of State for Defence, on September 25th 2002
'…under powers arising from the Defence Act 1842…'

Dr Moonie states:

'Under the Defence Act there is no need for a period of public consultation, and in this case I am satisfied that there is sufficient evidence of a pressing need in the public interest to exercise the 1842 Act power to stop up part of one bridleway and divert the other.'

(Dr Lewis Moonie to Alice Mahon, 13th December 2002)].

The powers to close and divert Rights of Way are governed by the Military Lands Act 1892. There cannot be two Acts of Parliament, which grant the same powers. The later Act repeals the earlier.

Article 11 of the Statutory Instrument 1999 1736: Town and country planning:
Allows continuation of the exemptions and privileges of the Crown in relation to developments on land occupied by visiting forces.

Section (2) '(c) any reference to the appropriate authority was a reference to the Ministry of Defence.'  This clause would appear to authorise continuance of the procedural subterfuge, under which development plans, for bases occupied by forces of the US Federal Government, are submitted to the local authority's Planning Department by the Ministry of Defence Estates' Office. As NMD has no relevance to the defence of the UK, the MoD cannot properly be used as cover for any NMD developments.

In relation to NMD developments at Fylingdales, Geoff Hoon stated that '…no new land would be required…'

The MoD is in occupation of a vast area of land outside the perimeter of the built-up and fenced 'Secure Area'. The land is owned by the Duchy of Lancaster. The legislation governing the lease of the land is incorporated into the Military Lands Act 1892, Part 1 section 10:

"…the Council of the Duchy of Lancaster…may lease land for military purposes to a Secretary of State…for a term not exceeding twenty-one years, but the lease shall cease to have effect if the land ceases to be used for military purposes."

It is evident that the land occupied by the MoD outside the 'Secure Area', has not been used 'for military purposes' (apart from the access road and the sewage disposal plant) since demolition of the infamous 'golf balls' in the early 1990's. Even when the 'golf balls' were in situ, only about one fifth of the total area of land was 'used for military purposes'.

We should like to know:

When was a lease for the MoD's use of Fylingdales last renewed?
Why the Secretary of State continues to occupy the land outside the 'Secure Area'?

We oppose the use of the UK for the USA's NMD system, on grounds of its illegality in International Law: the consequence of escalation of an 'arms race': the inadequacy of the technology: the threat of an attack on the NMD bases and its implication for people living in the locality. We support totally the arguments presented by the Campaign for Nuclear Disarmament.

Our recent letters examining the enabling legislation will be submitted to the Defence Committee for consideration as part of the current public consultation exercise.

                                         Yours sincerely,   Anne Lee  pp Womenwith Hill women.

Letters referred to appended:

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