My Lords, missile defence is a critical thread in our tapestry of national security. The threats we face, highlighted by Russia’s reckless targeting of Dnipro with a ballistic missile, underline the need to be prepared. We test and train regularly with our allies, and our next missile defence testing and training exercise, codenamed Exercise Formidable Shield, is in May 2025.
Formidable Shield is a US-led exercise, hosted by the UK Government, at the MoD’s Outer Hebrides air weapon range, on behalf of NATO and our other defence partners. It is one of the most advanced and comprehensive missile defence training exercises in the world. It involves the UK and allied forces conducting live-fire drills, missile defence tests and real-world scenario-based training.
These activities are critical to the defence and security of the UK and the strength of our military alliances. First, they enhance interoperability. Exercise Formidable Shield will bring 10 nations together, each with distinct systems, targets and technologies. It will allow us to align these different systems and work in concert effectively in real-world operations, so that the UK and our allies can respond quickly and cohesively to any threats.
Secondly, Formidable Shield improves our collective missile defence capabilities, and our ability to adapt to evolving ballistic missile and other threats. This is why the live-fire element of Exercise Formidable Shield is particularly valuable.
Thirdly, Exercise Formidable Shield reinforces strategic deterrence, which is vital in maintaining stability and preventing conflicts escalating. The exercise sends a strong message to our adversaries that the UK, NATO and its allies are prepared to defend ourselves and our territories against any form of aggression.
In order to replicate operational conditions for these exercises, the UK and allied nations need to operate ever more sophisticated defence missiles, capable of climbing above the stratosphere. This would bring them within the scope of the licensing regime within the Space Industry Act 2018 and its associated secondary legislation. The Space Industry Act 2018 was never intended to regulate military activity. It was passed into law to ensure the safety and appropriate governance of the commercial spaceflight industry and is regulated by the Civil Aviation Authority.
The Government seek licensing exemptions under the Space Industry Act and associated secondary legislation for allied armed forces activities. This exemption is very narrow. It allows only allied armed forces, their operatives and international military organisations, such as NATO, to fire sub-orbital—that is, non-orbiting—uncrewed rockets from MoD sites or platforms, with MoD permission and under the control of the MoD’s regulator. To clarify the SLSC report, this exemption will not cover activities from UK spaceports, only MoD sites.
The exemption would bring multinational exercises into line with sovereign ones. Similar stratospheric tests conducted solely by the MoD are not affected by the Space Industry Act 2018 and its accompanying licensing regime on the basis that, as a matter of statutory interpretation, the Act must not bind the Crown. Exercises above the stratosphere, which would be exempt under this instrument, would be under the expert supervision of the defence regulator, which has monitored military activities for decades, including MoD rocket launches above the stratosphere. Unlike the civilian authorities, the defence regulator has the infrastructure and expertise to oversee the safety of these exercises properly. The amendments the Government seek would avoid putting an increased and new burden on civil authorities.
This instrument will apply to England, Wales, Scotland and Northern Ireland. It is subject to the affirmative procedure, as set out under Section 68(6) of the Space Industry Act 2018.
To conclude, the UK’s missile defence capability is a critical component of national and global security but, like all defence capabilities, to be effective it must be constantly maintained, updated, exercised and tested. Exercise Formidable Shield, planned for May 2025, is the next essential opportunity to conduct live-fire drills, missile defence tests and real-world scenario-based training. An enormous amount of military planning has gone into it from all the nations involved, and the Government seek appropriate regulatory certainty by the end of February in order to get maximum value from the exercise.
Approving this exemption in a timely manner will send a clear signal that the UK Parliament is united on the defence of our national security, united against our adversaries and united in its support for NATO. I hope that noble Lords will join me in supporting these measures. I beg to move.