(7 years, 1 month ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Armed Forces (Flexible Working) Act 2018 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, it is a pleasure to have the opportunity again to be speaking to a Bill for the Armed Forces. The welfare of our service personnel is one of the most important responsibilities of government and one that we take very seriously. The Government are determined to meet their obligations to our brave service men and women and their families. Part of this commitment is ensuring that their service meets the needs of modern life and helps to secure a better work/life balance.
It is evident that there now exists, in society, a desire and need for greater choice in how individuals run their lives, and this, of course, extends to the Armed Forces. Of course, total and unlimited choice is not possible in the disciplined environment of the Armed Forces where the requirement to serve the needs of the country is paramount, but there are ways in which our traditionally inflexible approach to working can be improved. The Armed Forces (Flexible Working) Bill is our response to this. It is not the panacea for the challenges we face in the recruitment and retention of our people, but it is a step in the right direction to offer our people more control over how they serve.
We know that one of the top reasons why people choose to leave the Armed Forces is the impact of their service on family life. Regular personnel who are unable to meet their unlimited military commitments for periods of time sometimes have no other choice than to leave the services. They lose a well-earned career; we lose their hard-won knowledge, skills and experience. Self-evidently, this is detrimental to maintaining operational capability and to the cost of defence, so why would we not make the lives of those who proudly serve our nation easier?
The Bill will help to ease their lives. It offers our people a solution when they are faced with complexity in their personal life. Flexible working will alleviate some of the strain at critical times and help the services retain more of the people they need to keep, such as women who are considering starting a family or men and women with caring responsibilities. Importantly, the services believe that flexible working opportunities will help them to compete with modern organisations and attract the best people to join our Armed Forces. To continue to deliver crucial operational capability, the Armed Forces must be seen as a modern and attractive employer if they are to recruit the quality and quantity of people they need from across the breadth of the UK society that they serve. This is getting harder to do against an increasingly competitive backdrop, with the competition for talent expected to increase in the years ahead. In short, flexible working opportunities will enhance the delivery of operational capability through improved retention, a more diverse workforce and a broader spectrum of commitment levels when and where we need them.
So what does this small Bill do? There are two main provisions. The first clause amends Section 329 of the Armed Forces Act 2006, which makes provision regarding terms and conditions of enlistment and service. The amendment extends the existing regulation-making power to enable enhanced flexible working opportunities, within which regular service personnel would be able to apply to work part-time and/or to restrict their geographic employment by limiting the time they are separated from their permanent place of residence or home base. In practice, these new options will be temporary, limited to defined periods and subject to service needs to maintain operational capability. That last point is crucial. Although we recognise that modernisation for the Armed Forces is essential, maintaining operational effectiveness is our absolute red line. The Bill therefore also provides for the services to vary, suspend or terminate the arrangements in circumstances to be prescribed in new regulations. Of course there will be instances where flexible working arrangements are simply not practicable, for example while serving at sea or in a high readiness unit. The Bill will not therefore enable every service person to work flexibly, but it will create an obligation for the services to consider and decide on applications from personnel to serve under the new flexible working arrangements. It will also create the requirement for the services to record the terms of an approved application, such that there is clarity for both parties in the arrangements.
Clause 2 will make small consequential amendments to existing legislation to provide for regular personnel temporarily serving under flexible working agreements to continue to be automatically excused jury service.
The provisions in the Bill are based firmly on evidence. Since 2015, some elements of the services have been conducting a flexible duties trial. The ongoing trial is proving the need for both a reduced liability to deploy and less than full-time working. The majority of participants describe the trial as a positive experience, particularly for those with children, and the Army reported a noticeable correlation between flexible working, improved relationships and team morale. Here I must make clear that the services are greatly involved in the development of flexible working. These proposals, which have the support of the service chiefs, have been designed, and continue to be developed, by the services for the services. We should not forget the bedrock of those who follow and support our Armed Forces: their families. I am pleased to tell the House that the Families Federations have said they welcome the MoD’s plans to improve flexible working opportunities in the Armed Forces:
“The drive for a better work/life balance amongst Service families is one of our focus areas and we eagerly await the further development of this initiative”.
The Bill would allow service personnel to provide their service in a more flexible way to better suit their lifestyles. Service personnel will be able to temporarily reduce the time they are required for duty—for example, by setting aside one or two days a week where they will not work or be liable for work—or to restrict the amount of time they spend separated from their normal place of work.
For the avoidance of any doubt, the case for flexible working for the Armed Forces is principally about recruitment and retention. It is not—I say this particularly to the Benches opposite—a money-saving exercise. As I have made clear, it is a novel way to support the Armed Forces in the changing demands of modern life. Our aim is to help service families attain a better work/life balance. Flexible working would provide breathing space for other responsibilities. In particular, we believe the Bill would improve the lived experience of female personnel and help the Armed Forces work towards their 15% recruitment target for women by 2020.
On the back of these measures for regulars, we hope in time to build further opportunities for members of the reserves to expand their experience, which will move us closer to a whole-force approach. I hope your Lordships will appreciate that, although this is a small Bill, it will have far-reaching consequences in helping to modernise our great and illustrious Armed Forces. I look forward to an interesting debate this afternoon and to the detailed scrutiny we shall give the Bill later in Committee. I commend the Bill to the House, and beg to move.
My Lords, as always, and as the noble Lord, Lord Tunnicliffe, rightly said, we have had a good debate, and I thank noble Lords for their insightful contributions. I was very grateful for the supportive comments of many speakers regarding the Bill’s purport.
I will try my best to respond to as many as possible of the questions and points that have been raised but I hope that noble Lords will bear with me if I do not manage to address each and every one today. I will of course write to any noble Lord where I have something to add.
I begin with the contribution of the noble Lord, Lord Touhig. I was disappointed by his sceptical reaction to the Bill. In fact, uncharacteristically, his remarks came over as sceptical bordering on the cynical. I just ask him to give some credit to the services. I believe that we need to support them, in the first instance, for having identified a gap in the current offer to the Armed Forces and, secondly, for coming up with proposals to address that gap in a way that reflects best employment practice in industry and commerce.
Indeed, I stress one key point to the noble Lord and to the noble and gallant Lord, Lord Walker. The new flexible working options have the full backing of the three services. They have been consulted and engaged throughout the design process, and they will continue to be involved as we implement the changes. As I said earlier, the chiefs of the services support these proposals, and they have regularly provided direction and guidance during their development. That development work continues, which is why I do not currently have all the answers requested by the noble and gallant Lord, Lord Stirrup.
As I said, we have consulted the services throughout this project and their advice has helped to shape the design of the new flexible working arrangements. We recently engaged with the three services’ families federations, which have collectively said that they welcome the MoD’s plans. We continue to engage with a range of key stakeholders, and that process will intensify as we continue to develop and finesse our policies in the lead-up to the introduction of the new arrangements in April 2019.
Let me deal with another misconception. There is no question of the services or the MoD imposing flexible working on anybody. Flexible working will only happen following an application by an individual. Far from imposing on regular personnel, these changes provide further protections to personnel in enabling them to achieve a better work/life balance to suit their circumstances.
The noble Lord, Lord Touhig, and the noble and gallant Lord, Lord Walker, suggested that this could all be a plot to reduce the pay bill and/or deprive people of pay. No it is not. The new arrangements have been designed with cost neutrality in mind. As I have stressed before, this change is predominantly about giving service personnel more choice over the way they serve. It will help the Armed Forces to retain our current personnel and to attract and retain future joiners. I thought that the question posed by my noble friend Lord Attlee was very apt: why should we lose personnel because of their family set-up? The answer is, we should not, and I hope the Bill will help us to address this.
Of course, those wishing to vary their commitment will see a commensurate variation in their reward. That variation will be fair and reasonable, both to those who work flexibly and to those who do not. Pay will be calculated on a proportional basis. Further work is under way to determine the precise impact on pensions and the full range of allowances, against the principle that the outcome will be fair and proportionate. We already offer the ability to undertake flexible start and cease-work times for no loss of pay. However, the Bill is designed to offer the ability to work less than others. Therefore, it is right and fair to others to reduce pay proportionately.
As I have just said, flexible working should be seen as filling a gap in the flexible working arrangements already available in the Armed Forces. The noble Baroness, Lady Smith, was right to point out that flexible working is something of an umbrella term in this context. A number of formal flexible working arrangements, such as variable start and cease-work times, have been available for some years subject to local chain of command approval, but these invariably involve doing the same amount of work over a different working pattern, rather than a formal agreement to work less for less pay. We recently introduced a number of progressive flexible working changes, including new leave options and improvements for those taking career breaks, but these flexibilities are limited in their applicability and do not go far enough. As a snapshot, some 2,000 applications were approved across the services in the last six months, covering the various arrangements currently available.
The noble Baroness, Lady Jolly, asked whether the Bill could enable other types of flexible working, such as working from home. I have largely dealt with that and, as she will appreciate, that is not necessary because we already offer opportunities to work from home, as I know she is aware of from her own experience.
The noble and gallant Lord, Lord Craig, asked some detailed questions, including on entitlement to service accommodation. I reassure him that entitlement to service-provided accommodation is a key element of the conditions of service that support the mobility of personnel, and that entitlement will not change as a result of flexible working because it will not change personnel mobility.
The noble and gallant Lord also asked what this will mean for reserves. Reserves are already able to serve in a range of different commitments, so legislative change is not required for them. Under Future Reserves 2020 we have expanded reserves’ terms and conditions of service to meet developing service needs, and there will be no change in entitlement to medical and dental services. Regulars will remain subject to service law at all times, even when they are working part-time. As the noble and gallant Lord knows, the duty to serve and obey, enforced through disciplinary action, is central to the functioning of the Armed Forces. It will remain essential for commanders to be able to issue lawful commands to personnel undertaking part-time or geographically restricted service. Those commands must be followed. However, it will clearly not be lawful for a commander to order a regular to attend for duty on one of their agreed days off or to serve outwith the prescribed maximum number of days of separation.
Keeping part-time regulars subject to service law at all times has the added advantage of absolute clarity for all. There will be no difficult questions for personnel or commanders to consider about whether someone is or is not subject to service law on a given day. The noble and gallant Lord, Lord Craig, asked me a number of other questions and I hope that he will allow me to write to him on those.
However, what I can and should say to the noble and gallant Lord, Lord Stirrup, with great respect to him, is that this is not about flexible terms of employment. Regulars are not employed, so the legislation refers to terms and conditions of service. The noble Baroness, Lady Jolly, and the noble and gallant Lord, Lord Stirrup, asked about levels of uptake. The answer is that we expect a small but significant number to take up the new arrangements. We will manage expectations and explain that applications will be approved only where the MoD can accommodate the arrangements without unacceptably affecting operational capability. We expect that the majority of service personnel will remain on full-time commitment arrangements. So in answer to the noble and gallant Lord, Lord Walker, there will not be a specific cap on numbers, but the services will have full control over the number of people they can allow to work flexibly and will have the controls to vary this over time.
The noble Baroness, Lady Jolly, and others asked about implementation. We plan to allow the first applications from 2019, as I mentioned earlier, and we anticipate that applications and the services’ ability to accept them will grow slowly. This will take careful management and a change of culture in some areas. Implementation will include a communication campaign, along with training and guidance for commanding officers and potential applicants alike.
The noble Lord, Lord Touhig, the noble Baroness, Lady Jolly, and the noble and gallant Lord, Lord Walker, asked about the decision-making process. Commanding officers will not make the final decision on applications to work flexibly. They will be considered by an approvals authority within each service at headquarters level, which will be informed by advice from the chain of command, manpower planners, career managers and other relevant parties. The process is still being finalised, but our aim is for an agile system that will be able to administer applications efficiently.
As regards the applications that are considered, of course some will be refused, as the noble Baroness, Lady Jolly, rightly anticipated. A new flexible working application is more likely to be refused if personnel are in a role that is delivering a critical output or is highly deployable, such as on a ship or in a high-readiness unit, or have already been warned to be ready to deploy to an operational theatre. An appeals process will be put in place to reconsider applications that have been rejected. Each service will have its own separate appeals review body, which will include career managers and other subject matter experts. Personnel will retain their right to enter a service complaint if their appeal is unsuccessful, which will have the oversight of the independent Service Complaints Ombudsman.
Let me stress again that maintaining operational capability will be at the forefront of any decision on allowing a serviceperson to temporarily reduce their commitment. We will also retain the ability to recall personnel to their full commitments in cases of national crisis. We judge that in time this will enhance our national defence as it takes effect and we experience the benefits of improved retention, a more diverse workforce, and the ability to deploy a broader spectrum of our people, both regular and reserve, when and where we need them through the flexibility which this initiative will bring.
The noble Baroness, Lady Jolly, asked whether personnel will be able to join the services and take flexible working straightaway. My noble friend Lord Attlee was quite right on that point. We envisage that personnel will be expected to complete both their initial and trade training along with a period thereafter to settle in and consolidate their training before flexible working is considered.
The noble and gallant Lord, Lord Walker, asked about the legal risks of refusing applications. Decisions on applications will be subject to a robust process, taken at a senior level on advice, and, as I said, with an appeal available. A disappointed applicant will have avenues available to them to seek a remedy. Those appeals or complaints will be considered carefully, with oversight as necessary from the independent Service Complaints Ombudsman. As a result, we would not anticipate a rise in discrimination claims in this context.
The noble Baroness, Lady Jolly, raised an interesting point about workloads, wondering, if I can put words into her mouth, whether these arrangements will mean there will be more work for those who do not avail themselves of flexible working. We will manage the levels of flexible working permitted and therefore will be able to ensure that the right levels are maintained to deliver defence outputs. It is envisaged that capacity surrendered to flexible working arrangements will either be within reducible capacity or otherwise be sourced through other means, such as employment of reserves. Like other organisations with part-time workers, the organisation will change over time to better accommodate flexible working.
The noble Lord, Lord Touhig, asked what skills have been lost so far. I simply say that all personnel who depart take hard-won skills and experience with them, as he will know. Saving any of those skills will clearly help. While figures on the number of skilled service leavers are not held centrally, the Ministry of Defence is absolutely committed to ensuring that our personnel who leave the Armed Forces make a successful transition to civilian life.
The noble Lord also indicated that he would propose that new Defence Council regulations should be subject to the affirmative resolution procedure. The changes will be made by amending existing Defence Council regulations, which are subject to the negative procedure. The matters to be set out in new regulations will be procedural—the right to apply, the right to appeal and so on. The negative procedure is appropriate in this context.
The noble Baroness, Lady Jolly, asked what the prescribed circumstances would be to vary or terminate the new arrangements. These will be set out clearly in new Defence Council regulations, scrutinised as necessary by Parliament. The new arrangements will be terminated only when absolutely necessary—for example, as I indicated, in a national emergency or when there is a major manning crisis.
The noble and gallant Lord, Lord Walker, suggested that we should prohibit those availing themselves of flexible employment from undertaking secondary employment. I simply say to him that this Bill is not about enabling secondary employment. Regulations already exist with stringent controls over the types and forms of employment that may be accepted, but only with authority. As in all cases, service duty takes precedence.
The noble Baroness, Lady Jolly, asked whether flexible working would affect someone’s chance of promotion. Many factors affect promotion, as she is aware, but a period of flexible working will not of itself impact on promotion. In designing the new arrangements we have agreed a number of principles with underpinning activities aimed at ensuring that very thing. These include that we would wish to avoid intentional or unintentional career penalties for those who undertake flexible service. We will create the opportunity for individuals to maintain or regain career momentum. We will seek to maximise accessibility of transfer between the regulars and reserves in both directions by minimising negative career impact. When one thinks about it, a decision on promotion is very largely forward-looking, rather than looking back. It is very substantially about the person’s potential.
The noble and gallant Lord, Lord Walker, asked whether personnel would be able to dodge deployments. In the right circumstances some will be able to avoid being deployed, but a request on those lines will be approved only where the service can continue to deliver its operational capability. It will be refused where that cannot be achieved. Protection from deployments for a limited period where possible will retain some of our skilled personnel.
The noble Baroness, Lady Smith, asked how personnel would find out about flexible working. We have a communications plan in force already to build on the reality of the flexible duties trial, but I shall be able to give her further particulars of that in due course.
My noble friend Lord Sterling raised the important issue of service ethos and was worried that our proposals might damage it. I hope that, as the Bill proceeds, I can convince him that that will not be so. In fact, we expect that the arrangements will enhance ethos over time by helping us to retain and recruit the best people for defence. The evidence that we have gathered from published research literature, consultation with our people, surveys and an ongoing trial tells us clearly that personnel have reported consistently that the impact of service life on family and personal life is the most important factor that might influence them to leave. The three most frequently cited benefits of flexible working are that it helps employees to reduce the stress and pressure they feel under, it enables better work/life balance and it encourages people to stay with their current employer.
I was grateful to my noble friend Lady Eaton for her contribution about family stability and support. I will write to her about the points that she raised. I should be glad if she could provide evidence of the gaps that she feels exist and that are not currently provided for by other statutory bodies in family support, so that I can understand what type of additional support she feels is needed by service families. We need to understand whether families want that additional support, because finding a balance between paternalism and an intrusive approach against making that support readily available is clearly very important.
I listened carefully to the noble Lord, Lord Dannatt, who argued for better mental health service availability for serving personnel. I will gladly follow up the points that he raised after this debate. I also listened carefully to the noble Lord, Lord Brooke of Alverthorpe, regarding his Private Member’s Bill on the abuse of military honours. The Government were well disposed in principle towards the Bill introduced in the previous Parliament; I should be happy to talk to him about the introduction of a similar Bill in your Lordships’ House and the scope for giving it appropriate debating time, which of course is a matter for the usual channels. We explored whether it might have been possible to amend this Bill in the sense that he has suggested, but the advice that I had was that it was not within the scope of the Bill’s Title. As I have said, I would be glad to talk further to the noble Lord.
Where the Minister responds in writing to Members, I would be grateful if he could copy it electronically to all of us who have taken part in the debate.
I should be glad to do so.
I am conscious that in the time available I have not responded to the noble Earl, Lord Listowel, on his concerns about families, the noble Baroness, Lady Burt, on BAME recruitment and other matters, and the noble Baroness, Lady Smith, on families’ accommodation. I will do so, however, in writing.
I hope that, despite the reservations that have been voiced, this Bill will receive a fair wind from your Lordships. Our Committee proceedings will doubtless enable us to explore a number of areas of detail about which, quite understandably, noble Lords have raised questions. Until then, however, I commend the Bill to the House.
(6 years, 11 months ago)
Grand CommitteeThis text is a record of ministerial contributions to a debate held as part of the Armed Forces (Flexible Working) Act 2018 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, through this group of amendments, the noble and gallant Lord, Lord Craig, questions the wording of the Bill in a number of ways. I hope to persuade him that Clause 1 has been drafted with careful consideration of the effect that the Bill would have on implementation of flexible working.
Amendment 1 seeks to remove new Section 329(2)(ha) and replace it with new wording, which would provide the Defence Council with different powers. Those different powers would enable the Defence Council to make regulations enabling flexible rather than part-time service for enlisted regulars and for a regular to be able to request periods of unpaid leave. The noble and gallant Lord raised these points at Second Reading, and the aim, as I understand it from his remarks today, is to move away from the language of “part-time service” and replace it with “flexible service”, the underlying thought being that it would be more appropriate to label this change as another form of unpaid leave.
Regulars can already serve on a flexible basis. The options which exist are several: variable start and finish times; compressed hours; home working; and career intermissions. The first three of those are essentially a means to rearrange the working day or week, while career intermissions involve unpaid leave for up to three years for, say, a period of study. The Bill is doing something quite different from those arrangements. It is creating part-time service, as commonly understood. That is why the language used has to be the right language.
The effect of Amendment 1 would be that all flexible working arrangements for regulars would have to be provided for by way of Defence Council regulations. We regard that as unnecessary, and it would require a major rewrite of the existing terms of service regulations to deliver. I cannot agree with the noble and gallant Lord that the term “part-time” is belittling, nor do I think that it will undermine service ethos. I was grateful for the pertinent observations of the right reverend Prelate in this context.
We have to remember several key things here. We are envisaging that only a modest, albeit significant, number of our people will apply to take up the new arrangements once they are introduced; the majority of regular service personnel will continue to serve on a full-time commitment basis. Personnel whose applications to work part-time are approved will do so for a temporary period only. They will remain subject to service law at all times and will be subject to recall under defined circumstances. We need constantly to bear in mind that this measure will, par excellence, help us retain and recruit the best people for defence. Currently people choose to leave when their circumstances change and the current system cannot accommodate them. We know this from extensive surveys that we have done. One therefore has to see this in the wider context.
As for unpaid leave, as the noble and gallant Lord rightly said, regulars can already request this; for example, by asking for a career intermission. While we agree that leave is of course a well-understood service arrangement, the part-time working arrangements to be delivered under the Bill go beyond unpaid leave, which is why they require special provision. They go beyond unpaid leave for very particular reasons. Under the unpaid leave arrangements, the individual has no formal level of protection from recall to either full-time duty or deployment other than that of being on leave. The right to apply to work part-time to be delivered under the Bill goes considerably beyond that. It will provide more certainty for the individual, affording them rights to remain on a flexible working arrangement which can be revoked, as I said, only under certain circumstances, such as a national emergency.
The noble and gallant Lord’s second amendment seeks to remove some of the language in new Section 329(2)(i) and replace it with wording to make it clear that only the regular can restrict their service to service in a particular area. I take this amendment to be driven by a view that the current language in the Bill would permit defence to place geographical restrictions on a regular’s service against their will—potentially—although I was grateful for the noble and gallant Lord’s concession that the present Government do not intend that, but I hope to persuade him that no Government could do it. This is certainly not the intention behind the existing language, nor is it its legal effect. Section 329 is there to provide protections for regular service personnel, so it is clear that these new regulations will be able to make provision for this new form of service only for the benefit of the regular, subject to the other restrictions permitted by the Bill. It cannot be imposed upon them. In fact, the Bill would ensure that service personnel are in control over whether to choose to apply to take up the new flexible working options. They would have the right to apply but there is absolutely no provision to make service personnel take up the new flexible arrangements.
My Lords, listening to the Minister’s comments and reflecting on the discussions on the Bill, I understand that the children of many service personnel have quite difficult journeys into adulthood, with a lot of disruption. Looking at the new provisions in Clauses 1 and 2, am I right in thinking that the Bill will make it easier for parents with young children to remain close to those children if they choose to do so, and might it reduce the disruption to those children’s lives? Might that be the effect of the Bill?
Certainly. Although that is not the whole rationale, the provisions that we are proposing to introduce are designed to be family-friendly—for example, for women considering starting a family or those with caring commitments, or those who are bringing up a family and, for any reason at all, there are personal circumstances that create difficulties for them. That could be a very good reason for somebody to apply to work part-time on a temporary basis. So I agree with the noble Earl.
My Lords, I thank the noble Earl very much for what he has said. I am not sure that I followed it all completely so I look forward to reading it. I would just make one or two comments, if I may, at this stage.
On Amendment 1, the noble Earl’s addiction to “part-time basis” and part-time service is clear, but I am not sure that I understand why it has to be in primary legislation. If the Government want to have a number of flexible working arrangements, most of which are already in place and have been put there as a result of secondary legislation or Queen’s Regulations, why does this particular one have to be singled out, causing the amount of exposure that worries a great number of us?
On the amendment dealing with “restrict” and restrictions, I am still uneasy. Section 329 of the 2006 Act provides for,
“enabling a person to restrict his service to service in a particular area”,
whereas the amendment says very precisely,
“enabling a person’s service with a regular force to be restricted”.
It seems to me that that can put the individual in a position where he is being told that it will be restricted rather than he saying, “I would like to do this form of restricted service”. I think that that needs to be looked at very carefully, and I will look at exactly what the Minister said on the point.
The other point is on rights. Clause 1(3) refers to,
“A right conferred on a person by virtue of subsection (2)”—
and subsection (2) will include (2)(ha), (2)(i) and (2)(j). So it seems to me that the overarching new subsection (3) gives you the right that you were looking for. Therefore I suggest that we can drop new subsection (3A).
My Lords, I would be very happy to write to the noble and gallant Lord on all those points—in so far as they were not made clear in my original response—and in particular on why we need primary legislation, and perhaps explain further the reasons why we think the Bill is correctly worded in this clause. I hope that the noble and gallant Lord will allow me to do that between Grand Committee and Report, and I will of course copy in noble Lords to that correspondence.
My Lords, at this stage I beg leave to withdraw my amendment.
Perhaps I may comment on the point made by the noble Earl, Lord Attlee. His suggestion would not be the right way. He discussed it with me last week. The Bill substantially depends on regulations to bring in its measures, and how would one decide what we would bring in the first tranche and the second tranche, and so on? Therefore everything that relates to this matter should be subject to the affirmative procedure.
My Lords, the first amendment in this group, Amendment 4, seeks to place in the Bill information to define how flexible working should be implemented. I agree that it is important that we have clarity over exactly how the new flexible working opportunities will be administered. I reassure the Committee that the policies and processes that will support the changes brought by the Bill have been designed by the services for the services. We have done a great deal of work with the services to develop policies that work for them and their people, and we will continue to refine them in the lead-up to their introduction in 2019 and after to ensure that they are clear and fit for purpose. In doing so, we will continue to consult our people.
As noble Lords will recall, I outlined at Second Reading how we envisage the new flexible working arrangements will be administered following their introduction in 2019. In my subsequent written responses to Peers, I also promised that my officials would publish some additional information over the summer that would explain in more detail how the new arrangements would work in practice. I hope that noble Lords have received that information and found it helpful, and that it has answered the points raised in this proposed amendment.
It might just be helpful if for the record I went through some of the processes that we envisage. We have a position on how we intend that flexible working arrangements will operate in practice. I am sure that noble Lords will appreciate that at this stage the detail remains subject to adjustment as a result of the ongoing policy refinement with the services, further work in the light of surveys and other feedback and, indeed, the need to account for the views of Parliament. In summary, however, the policy is intended to operate as follows.
We believe that regular service personnel must have completed their basic and professional training and a period of further service, defined by their parent service, before they can normally undertake flexible working. A serviceperson wishing to apply to serve flexibly will apply through the joint personnel administration system through their commanding officer to an approvals authority at the headquarters of their service. No limit will be imposed on the number of occasions over a period that the serviceperson will be able to apply to serve flexibly, although they will be restricted to having only one live application at a time being processed by the administration system. However, there will be limits on individual periods of flexible working to help the services manage the applications and people’s expectations.
We intend to limit periods of flexible working to no more than three years at any one time or to the end of an assignment, whichever is sooner. Within this period we intend to enable people to reduce their liability to serve by up to 40%, such as two days in a five-day working week of their regular full-time service. Service personnel requesting limits to their routine unlimited liability for separation from their home base will still remain liable for a maximum of 35 days separation in any one year. This will enable them to continue to undertake essential courses or participate in smaller periods of exercises.
We also intend to restrict the total cumulative time that a serviceperson can serve on flexible working arrangements. This is to maintain the principle that regular service is a full-time and unlimited commitment, while also helping to share the opportunities for flexible working among the broadest range of personnel. Currently we are planning for the total period of all types of flexible working to be limited to four years in a 12-year rolling period. The exact approvals process is likely to vary slightly by service and we are still designing certain elements of it. Currently we plan that the approvals authority will take decisions after being informed by the chain of command, the employing organisation—for example, if the person is working with another service—career managers, manpower planners and other specialists as required.
The principal deciding factor when considering applications will be the ability to maintain operational capability. The individual merits of each application will be considered and will include factors such as the type of role the person is serving in, whether the person has been warned to prepare to deploy for operation and, if appropriate, the personal circumstances surrounding the application. If an application is refused, an individual can appeal against the decision, as I mentioned earlier.
Appeals will be considered by a separate appeals authority which will operate at the headquarters of each service. The exact make-up of that body has yet to be set. The appeals authority will make its decisions informed by information from the employer, the employing organisation, the chain of command, career managers, manpower planners and other specialists. Service personnel will of course have the right to escalate their appeal to a service complaint if they remain unhappy with the decision.
The services will retain the right to recall regular service personnel from flexible working arrangements to ensure that operational capability is maintained while providing as much certainty of the arrangement for the individual as possible. Such recall will be against prescribed criteria sanctioned by the headquarters approvals authority within each service. Personnel will be subject to two levels of recall. The first will be immediate recall in cases of national emergency, and the second is curtailment after 90 days’ notice. The latter would apply where there is a significant change in the circumstances used to judge and approve the original agreement.
We continue to work on the detail but envisage that a change in circumstances would include a change to the requirement for operational capability which is affected by overall manning levels of the service or trade or any specific skills held by the serviceperson during the period of flexible working. Should any of these change substantially, the service would be able to issue a 90-day notice to recall the serviceperson to full duties, either by suspending the flexible working arrangements for a defined period to allow them to be adopted again later for the remainder of the originally agreed period or by cancelling the flexible working arrangement outright. Where these circumstances occur, they would constitute a manning crisis as a result of severe manning constraints, manpower shortages on specific operational tasks or skills shortages. All approvals, refusals and amendments to agreements between a serviceperson and their service will be set out in writing to avoid any uncertainty and to provide an audit trail. The detail I have just outlined has been published on the GOV.UK website.
As we intend to continue to refine the parameters of exactly how this policy will operate within the services by learning from their experience of operating it after introduction, it would be unnecessarily constraining to have the parameters proposed in the amendment set in primary legislation. The noble Lord, Lord Touhig, and the noble Baroness, Lady Jolly, made clear their view that this should all be in regulation, at least. The provisions that I have outlined will be set out in a mixture of regulation and policy statements, rather than exclusively in regulation.
The purpose of Amendments 6 and 18 is to require any new regulations made by the Defence Council of a kind to be introduced by Clause 1(2) of the Bill to come into force only following the affirmative resolution procedure. Amendment 6 looks to achieve this by inserting into Section 329 of the Armed Forces Act 2006 a new subsection (4A). However, I must tell the noble Lord, Lord Touhig, that due to the way in which the 2006 Act works, any amendments to the procedure would need to be by way of amendment to Section 373, as identified by the noble Baronesses in their Amendment 18.
My Lords, the introduction of new flexible working measures is designed to attract, recruit and retain people from a more diverse cross-section of society who have the knowledge, skills and experience that we need to deliver operational capability.
Currently, service personnel who have dedicated themselves to public service sometimes struggle to meet their full military commitment—for example, due to a short-term change in personal or family circumstances—and the only option in such circumstances has been to leave the Armed Forces. This represents a loss to the individual and to defence. New flexible working options aim to address this so that in such situations personal circumstances are no longer a barrier to continuing service. We believe that these measures will benefit a small but significant cohort; for example, women and men starting a family, those with caring commitments or those who wish to undertake long-term studies. Moreover, our evidence derived from external reports, comparison with other nations, internal surveys, focus groups and our ongoing flexible duties trial shows that providing our people with modern choices will help us retain highly skilled personnel who might otherwise leave and join organisations which provide these choices. In short, through these new measures we are aiming to modernise the terms of service for the Armed Forces with a view to improving recruitment and retention into the future.
Many other external factors, such as the economic climate, have the strongest influence on recruitment and retention and are likely to mask the impact of these new flexible working arrangements in the short to medium term, and we have to bear that point in mind. Defence is experiencing many of the same skills and recruitment challenges that are being faced nationally. To meet those challenges are proactively as possible, we are modernising the employment offer for our Armed Forces, as I have described. These collectively are being managed under the Armed Forces people programme, which comprises projects including the new joiner offer and enterprise approach. The new joiner offer should support and improve retention by developing a new, more modern and more relevant offer for new joiners that better supports service personnel throughout their career. We also aim to improve retention by better management of critical skills across defence through the enterprise approach project. Changes to enable members of the Armed Forces to work more flexibly originate from the flexible engagement systems project, which forms a further part of the people programme.
These amendments seek to place various obligations on defence to publish reports on the effects of flexible working on the Armed Forces. I am sure the Committee is aware that intake, outflow and strength by rank, trade and specialisation are monitored and managed on a regular basis at service level and centrally by the MoD. The MoD already publishes detailed information and analysis in the UK Armed Forces Monthly Service Personnel Statistics. This publication provides statistics on the number of service personnel by strength, intake and outflow in the UK Armed Forces, and detail is provided for both the full-time Armed Forces and reserves. We carefully monitor information on trade, specialisation and sub-specialisation by rank and service, and routinely release on a regular basis, as part of official statistics publications, a wide range of information on outflow from the UK Armed Forces.
We also publish comprehensive data in the UK Armed Forces Biannual Diversity Statistics. This statistical release presents information relating to the gender, ethnicity, nationality, religion and age of personnel employed by the MoD and meets the department’s obligations under the public sector equality duty to provide information on its workforce in relation to the protected characteristics identified by the Equality Act 2010. Information on numbers of personnel undertaking and returning from maternity and shared parental leave is also provided as part of this publication.
It is important to highlight the evidence from trials and surveys commissioned by the Armed Forces, which indicates that take-up for options that enable service personnel to work more flexibly is likely to be low in the early years of implementation. Furthermore, while the MoD promotes the importance of the Armed Forces being appropriately representative of the diverse society they exist to defend, with operational effectiveness being dependent on inclusion and fairness, we estimate that the overall numbers taking up the new opportunities will be small to begin with. Therefore, assessing any correlative impact that flexible working has on increasing diversity in the Armed Forces is likely to be difficult, particularly in the early stages. This will mean that any detailed evaluation of the impact of flexible working measures on overall recruitment and retention rates, skills retention and outflow, and diversity in the Armed Forces will be difficult to achieve in the early years of operation.
The recording requirements for any pattern of work for our Armed Forces are stipulated in policies and recorded on the joint personnel administration system—JPA. JPA is already used to process applications for existing flexible working options. There is planning in place to enable all instances of part-time working or geographical restriction by personnel to be recorded on JPA when these options are made available. It will be crucial to ensure that all cases of flexible working are properly recorded and monitored to provide personnel and commanding officers with a record of all discussions and agreements. However, since it is estimated that the number of applications is likely to be low in the early stages, collating and reporting information on a monthly basis to provide figures on the number of personnel undertaking flexible working as a proportion of the total of full-time serving members of the Regular Forces would not provide significant or beneficial data.
It is important to emphasise again that the new arrangements are aimed at improving recruitment and retention in the long term, as part of a series of projects being delivered through the Armed Forces people programme. The long-term effects of these collective initiatives should be the measure of how effective the new arrangements are, rather than short-term reporting and figures on take-up.
We judge that formal annual reporting for a small cohort would not add value or provide a real sense of the impact of introducing these new opportunities. However, my department recognises the importance of keeping the delivery and effect of these changes under continuous review, in terms of both the benefits to personnel and the impact on operational capability. We will closely monitor the rates of uptake for new flexible working options by service, rank and specialism and will carefully examine any long-term trends and links to overall retention rates and diversity.
As noble Lords will be aware, the Secretary of State is required to lay an annual report before Parliament each year outlining the Government’s progress in delivering the Armed Forces covenant. The introduction of the new flexible working opportunities falls within the scope of the covenant and we envisage that the introduction of these measures in 2019 will be monitored during the first year of implementation and will be reported on in the covenant annual report and yearly thereafter.
The noble Baroness, Lady Jolly, asked about FAMCAS and AFCAS and drilled down with some further questions. I will write to her on the questions that she asked. I will need to consult the department to understand what further information it would be possible or practical to provide her with, but what information we do have I will be happy to give her. She also asked how flexible working could be introduced within a fixed headcount. The simple answer is that we will manage the levels of flexible working permitted and therefore will be able to ensure that the right levels are maintained to deliver defence outputs. It is envisaged that capacity surrendered to flexible working arrangements will either be within reducible capacity or can otherwise be resourced through other means such as the employment of reserves. Like other organisations with part-time workers, the organisation will change over time to better accommodate flexible working.
I do not believe that it is necessary for the Bill to be amended in this way. I understand that these are largely probing amendments and I hope that the explanations and information I have given to the Committee will be helpful to noble Lords and that they will not press their amendments.
My Lords, approval of the Bill will afford regular service personnel the right to apply to vary their commitment temporarily. The new arrangements will not be mandated for service personnel. I can reassure my noble friend in particular on that point. Those who wish to continue serving on a full-time commitment will be free to do so.
The noble Lord, Lord Touhig, seeks to amend the Bill to ensure that regular service personnel will not see a reduction in their basic pay, x-factor payment or any other universal payments provided for regular service personnel as a result of the Bill. I am sure that noble Lords will agree with me that it is fair and appropriate that in the future, those regular service personnel who elect to vary their commitment should see a commensurate variation in the reward they receive. We have worked closely with the services to ensure that this variation will be above all else fair and reasonable both to those who work under the new enhanced flexible arrangements and to those who do not.
As noble Lords will recall, I made this point during Second Reading. I can also now say categorically that those who remain working on a full-time commitment will not as a result of the Bill see a reduction in their basic pay, x-factor payment or any other universal payments provided for regular service personnel. Furthermore, let me reassure the Committee that the introduction of part-time working will not be used to lower the full-time equivalent basic rate of pay, the X-factor allowance or any other universal allowances payments available to personnel.
During the Bill’s Second Reading, I provided reassurances that regular service personnel undertaking part-time working would retain those entitlements available to full-time regulars. Service accommodation in particular is an important provision for many personnel and their families that helps enable their mobility in support of defence capability. It is an important part of the offer for our people and an entitlement that the noble Baroness, Lady Smith, seeks through her amendment to ensure will still apply to personnel who successfully apply to work part time. To support my earlier reassurance, I can also confirm that our current policy makes provision for all regular service personnel to have an entitlement to service accommodation commensurate with their personal status category and other qualifying criteria. Service personnel will retain an enduring liability for mobility when working part time because they will still be subject to the same moves associated with new assignments as others in the regular Armed Forces. Therefore, they will remain entitled to service accommodation as under our existing policy and there is no need to alter the entitlement to accommodation for those who undertake part-time working; they will continue to be able to access service accommodation under the same criteria as full-time regulars.
I spoke earlier of the future accommodation model project that is due to be introduced in 2019 as part of the defence people programme. That project aims to create a more fair, affordable and flexible model for providing accommodation for our people while giving them more choice about where, how and with whom they live. It will also provide a subsidy to help more personnel live in private accommodation, including by helping to meet their aspirations for home ownership. Eligibility under the future accommodation model will not be altered for those personnel who work part time or subject to geographical restriction for a period. The noble Baroness raised the question of accommodation pressures as part-time working is rolled out. My answer to her at present is that given the anticipated low take-up, we do not expect additional pressures on housing to any significant degree.
Similarly for service personnel who opt to leave the Armed Forces, access to resettlement and employment support for up to two years prior to their discharge date and for two years afterwards will remain an entitlement for those who undertake part-time working. We want to ensure that our people transition successfully from an Armed Forces career where they receive world-class training to a civilian one where they can add real value to society because we have good quality people with developed skills who can really benefit external organisations. The noble Baroness, Lady Jolly, has sought to amend the Bill to protect the entitlement to resettlement under the new measures, and I can confirm that there will be no difference in resettlement entitlement for full-time service personnel and those regular personnel who work part time and/or restrict the amount of time that they are separated from their home base. The entitlement to resettlement is currently based on the number of years of service between the date of enlistment and the date of discharge. This will not change for those who take the opportunity to work flexibly on the introduction of the new flexible working opportunities. I can also confirm that there are no plans proportionally to calculate resettlement entitlement for personnel who undertake flexible working based on their actual number of days of work. Our resettlement policy guidance will be updated on the introduction of the new flexible working arrangements to state that resettlement support will remain the same for those who take advantage of them so that applicants are fully aware of their continuing entitlement.
It will be difficult to assess what impact the new flexible working arrangements might have on resettlement services in light of the fact that entitlements will not alter. Additionally, as the noble Baroness, Lady Jolly, will recall, I said at Second Reading that we expect a small yet significant number of personnel to undertake flexible working. For these reasons the impact on resettlement entitlements is likely be minimal and challenging to measure.
I will not get carried away. The publication of the Armed Forces Covenant Annual Report has become a well-established practice, and the Government should be congratulated on that. Because of that, we on this side were motivated to table Amendment 12.
The Bill is a small but by no means insignificant measure, and when enacted its impact should be measured to see what implications it has for the covenant. Subsection 2 of the amendment requires that,
“the Secretary of State must determine whether the Armed Forces Covenant, or any of its supporting documentation, requires revision in order to reflect the measures provided for in this Act”.
By including the requirement set out in subsection 3 of the amendment, we are deliberately linking the impact of this Bill on the lives of service men and women to the covenant. By explicitly linking the Bill to the covenant, we are giving the external members of the covenant reference group an opportunity to consider and comment on the operation of the Bill when it becomes an Act.
The external members of the covenant reference group make a major contribution to monitoring the life and well-being of our Armed Forces, their families and all that affects their lives. This Bill should be no exception, so I heartily welcome the comments made by the Minister in a debate earlier this afternoon which made clear that the Government will ensure that the operation of this legislation will be reflected in a report on the covenant. That will give the external members of the covenant reference group a chance to comment on it. That is progress, and I look forward to that being enacted. I beg to move.
My Lords, as the noble Lord, Lord Touhig, has explained, this amendment seeks to require the Secretary of State for Defence to lay a Statement before both Houses of Parliament, within six months of this Bill coming into force, outlining the implications of this Bill, once enacted, for the Armed Forces covenant. This amendment would also require the Defence Secretary to consider whether the Armed Forces covenant, or any of its supporting documentation, requires revision to reflect the measures in the Bill. Finally, it seeks to commit the Defence Secretary to ensure that the annual report on the covenant reflects the contribution of this Bill to meeting Armed Forces covenant goals.
I share the view of the noble Lord about the importance of measuring and reporting on the impact of the changes that will be introduced through this Bill. I want to ensure that it is done in the most appropriate and effective way for both the MoD and Parliament. As I mentioned at Second Reading, and several times today, we expect a small but significant number of our people to take up the new opportunities introduced by the Bill.
For this reason and, I submit, the disproportionate administrative burden we believe it would create, we judge that there would be little value to be gained from producing a statement only six months after the Act has come into force. The long-term aim of providing these new arrangements, alongside a range of other measures in the MoD, is to modernise the terms of service and ultimately improve Armed Forces recruitment and retention, which I am sure all noble Lords would welcome.
In addition to this, evidence from our ongoing flexible duties trial suggests that in particular those with families have benefited from the greater stability that comes from having more choice over how they serve. This latter prospect has been welcomed by the services’ families’ federations, which view this as an important part of the drive for a better work/life balance among service families. It is these specific areas that I have just mentioned rather than the concept of the Armed Forces covenant itself that will feel the direct impact following the introduction of the new flexible working arrangements. We therefore do not anticipate that there will be any need to revise the wording of the covenant or its supporting documentation. As noble Lords will be aware, the Secretary of State is already required to lay an annual report before Parliament each year outlining the Government’s progress in delivering the Armed Forces covenant and, as I mentioned earlier, it is likely that a future report will include a section on the introduction of the measures included in this Bill and their effect. That would be entirely appropriate. For this reason, and the others I have already outlined, it seems unnecessary to legislate that the Secretary of State should report separately on the introduction of the new measures that the Bill will introduce. I do not therefore believe it is necessary for the Bill to be amended as suggested by the noble Lord. Following these assurances, I hope that he will agree to withdraw his amendment.
(6 years, 10 months ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Armed Forces (Flexible Working) Act 2018 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, I said in Committee that the Government would reflect further on the recommendation from your Lordships’ Delegated Powers and Regulatory Reform Committee. That committee’s recommendation is to the same effect as the amendment of the noble Lord, Lord Touhig, and indeed the proposed amendment of the noble Baronesses, Lady Smith and Lady Jolly.
I am grateful to both the noble Lord and the noble Baroness for their thoughtful contributions to this Bill. I recognise the hesitations of my noble friend Lord Attlee around the affirmative procedure in this context, but the Delegated Powers and Regulatory Reform Committee rightly highlighted to the House that some of the new Defence Council regulations to be made under this Bill will go beyond matters of pure procedure. We have considered the committee’s recommendation and its reasons for making it, and we have decided on balance that it is right to accept it. I acknowledge the strength of feeling in this House to ensure appropriate scrutiny of those forthcoming regulations.
While the intended effect of the amendments of the noble Lord, Lord Touhig, and that of the amendment of the noble Baroness, Lady Jolly, is exactly the same, I hope that the noble Baronesses will not be unduly disappointed if on this occasion I agree to accept the amendments of the noble Lord, Lord Touhig, to the Bill, which I am pleased to do.
My Lords, this has been a very brief but successful debate all round, I think. I am grateful to the noble Earl, Lord Attlee, for having shared his views with me on a number of occasions. I understand his concerns. I have been in this House just seven years, but one of the striking contrasts I have found with the other place is our total and utter commitment to scrutinise and hold government to account, whether it is on large issues about platforms or issues that the noble Earl may consider to be of a much lesser degree of importance. We will want to continue that. I am grateful for the support, and I am very grateful to the Minister for accepting the amendment.
I pay particular tribute to the noble Baroness, Lady Fookes, who chaired the committee that brought forward the recommendation to which the Government have certainly listened. She has done a tremendous job, and we all wish her well and hope that she is back soon.
My Lords, before I comment on the amendment, I say at the outset that as I have reflected and listened to the debate I was very much struck by the point made right at the beginning by the noble and gallant Lord, Lord Boyce. His words convinced me that there is nothing in civilian life that compares to life in the services. We in this House and in the country must recognise that when you join the Armed Forces, it is not like joining Barclays or Tesco; you are joining an organisation in which you can put your life on the line to defend our country. We in this House and in the whole country, whenever we talk about defence, must remember that and remember that it is people we are talking about.
The noble and gallant Lord, Lord Craig of Radley, when he moved his amendment on this matter in Grand Committee, raised his concerns about the term “part-time”, questioning, as the noble Baroness, Lady Jolly, has said, whether it had,
“the potential for misunderstanding and for belittling the reputation of the Armed Forces”.
He therefore asked a very simple question:
“Could a better, less questionable word or phrase be used instead?”.—[Official Report, 12/9/17; col. GC 69.]
That is at the heart of this debate.
In Grand Committee I made it clear from these Benches that we are sympathetic to the noble and gallant Lord’s amendment, and that position remains unchanged. The men and women of our Armed Forces are truly exceptional. That is accepted around the world, and it is the duty of any Government to protect this reputation. However, terminology is all-important in these matters—a point I recall the Minister also making. Communication and language is complicated enough. Call me old fashioned, but I am sure that I am not alone in this House when I say that plain speaking is the best way to communicate.
In Committee we urged the Government to respond and come back at Report. In the interim, authors of various amendments in Grand Committee received very thoughtful, helpful letters from the Minister. While I accept that this is not the only concern behind the noble and gallant Lord’s amendment, I was pleased to see the Minister stress that the Bill could not be used by a future Administration to force an individual into part-time working. I hope that he will repeat that today.
Of one thing I am certain, and again I echo the words of the noble and gallant Lord, Lord Craig, in Grand Committee:
“First, let me confirm my acceptance in principle of flexible schemes which are viable, enjoy service support and do not detract from the operational 24/7 capability of the Armed Forces”.—[Official Report, 12/9/17; col. GC 69.]
We would certainly endorse that, but I am sure that I am not alone when I say that I do not want to jeopardise the opportunity to put the simple yet powerful aspiration that the noble and gallant Lord articulated so well into action. I hope that the Government will have a positive response to help us this afternoon.
My Lords, I begin by apologising to the noble and gallant Lord, Lord Craig, and to the House for the guidance that I gave him in my letter following Committee when I said that according to the advice I had received, it would not be possible to amend the Long Title of the Bill. That advice resulted from an honest interpretation of the Companion to the Standing Orders. It was given in good faith but it was clearly incorrect in light of further advice from the Public Bill Office, and I am sorry.
These amendments stem from concerns previously expressed by noble and noble and gallant Lords over the use of the phrase “part-time” in the Bill; namely, that its use serves to belittle the reputation of our Armed Forces and perhaps even puts those personnel who choose to work part-time at risk of some form of denigration from colleagues amounting even to bullying and harassment, because the Armed Forces will see part-time working as somehow less worthy. I have to say to the noble and gallant Lord that I do not agree with that analysis, and nor do the service chiefs.
It is important to appreciate the context of what we seek to do. The measures in the Bill are part of a series of steps we are taking to modernise the Armed Forces’ terms of service. They are entirely of a piece with some of the other forward-looking steps we have taken in the recent past, such as lifting the ban on women in close combat roles, which have helped to further modernise our Armed Forces, making them a more attractive career choice to wider sections of our society. We must continue down this path if we are to be truly representative of the people whom we serve.
As I have mentioned previously, this measure has the full support of the service chiefs. Our use of the word “part-time” is absolutely deliberate. The meaning of statute has to be clear. We want to be clear to Parliament and to our people that part-time working is indeed what we are introducing, albeit with certain constraints to protect operational capability. Personnel will be able to reduce their commitment to less than full-time and their pay will be adjusted accordingly. Whichever way one tries to explain it, this is part-time working and that is the main reason why the Bill is drafted as it is and why we continue to believe this wording to be appropriate. The noble and gallant Lord’s amendment seeks to disguise what we plan to do. I do not think that legislation should ever go down that sort of path. Legislation should make its meaning clear.
The noble and gallant Lord will no doubt argue that his amendment encapsulates the Government’s policy in different words. It does not. The phrase,
“take breaks from full-time service”,
could describe a variety of different things, including some of the flexible working opportunities already in place, such as unpaid leave, career intermissions and maternity leave. We are introducing something through the Bill that is distinctly different from those things and therefore the way we describe it needs to be very clear. The services are not afraid of plain language and plain language is what we are providing here.
It may help if I repeat what I mentioned in my round-robin letter—that “part-time” has been used in a previous Armed Forces Act. This is not an unprecedented use of the phrase in our legislation. It occurs, for example, in Section 2(1A) and 2(1B) of the Armed Forces Act 1966. It has never caused problems in the past. Circumlocution is therefore not only a wrong approach in my view, it is also unnecessary.
When the noble and gallant Lord advances an argument, I take it seriously, as does the Ministry of Defence, but I cannot agree with his premise. We do not accept the argument that the use of “part-time” will denigrate the individual who works under this arrangement, or denigrate the services in any way. Neither do we agree with the suggestion that those who choose to work part-time for a limited period are not the type of people we need in today’s Armed Forces. On the contrary, it is arguable that those who choose to work part-time, for a temporary period, for reduced pay, rather than leave the services, display an admirable commitment to serving their country. This is precisely the calibre of person that we need to retain and recruit in today’s Armed Forces.
Times move on. Working part-time is a modern, widely recognised and practised working pattern, including for those whose service and work are a vocation, to pick up the point made by the noble Lord, Lord West, quoting the noble Viscount, Lord Slim. As noble Lords may recall, I held a briefing session on 11 July this year, which some noble Lords attended, where two serving commanding officers were also in attendance. Both those officers genuinely welcomed the introduction of part-time working, which they saw as another tool to help us look after our people at times in their lives when they need it most. They had no difficulty with either the concept or the terminology we are using to describe it. The reason that they had no difficulty is that these new measures and others that we are introducing elsewhere to help improve the overall offer to our people will encourage service men and women to stay and may attract others to join.
My Lords, in this group I will speak to Amendment 7. We all want flexible and part-time working to be a success. Therefore it is important to monitor whether these arrangements are helpful in convincing some who may not have ordinarily thought of joining the Armed Forces so to do—I beg your Lordships’ pardon. I am very sorry, I am speaking to the wrong group.
My Lords, I believe that I spoke to an identical amendment as the first in this group in Grand Committee—it was then Amendment 9, I think. I hope that what I am able to say today will reassure the noble Lord completely. The Bill will allow the Defence Council to make regulations to give regular service personnel the right to apply to vary temporarily the terms on which they serve. Specifically, the Bill will allow us to introduce both part-time working and a new form of geographically separated service into the Armed Forces, which together we refer to as “flexible working”.
I am grateful to those noble Lords who have expressed their agreement with the principle that it is fair and appropriate for those regular service personnel who elect in the future to vary the terms on which they serve to see a commensurate variation in the reward that they receive.
I should say up front that nothing in the Bill enables us to do what the noble Lord fears we might do. At present, we envisage that those who work part-time will have their pay proportionately reduced, and those who reduce their liability for separated service will have their x-factor reduced by an appropriate proportion, which we will discuss with the Armed Forces’ Pay Review Body.
As I said in Grand Committee, we have worked—and continue to work—closely with the services to ensure that any reduction in pay, or other benefits, for those who successfully apply to work part-time, or reduce their liability for separated service temporarily, will be, above all else, fair and reasonable to those who work under the new arrangements as well as to those who do not. For reassurance, I will repeat what I said at Second Reading and in Committee: the Bill will not result in any reduction in the basic pay, x-factor or other payments available to regulars who do not take up these new flexible working arrangements. There is a simple reason I can be categorical about that: the Bill deals only with the proposed new types of flexible working. The legislative provisions that govern the pay and conditions of full commitment regulars are contained in different sections of the Armed Forces Act 2006—as the noble Lord will know, having very successfully taken that Act through this House as a Minister in the then Government.
As the noble Lord of course understands, we envisage at present that those who work part-time will have their pay proportionately reduced, and those who reduce their liability for separated service will have their x-factor reduced by an appropriate proportion. As I have said, noble Lords will be aware that the Armed Forces’ Pay Review Body has a responsibility to make recommendations on service pay. It does that through its annual report, which makes recommendations to the Government on an annual Armed Forces pay award, based on a body of evidence gathered from service personnel and their families and the MoD. It also commissions its own analysis and research from other bodies. Accordingly the MoD will engage with the AFPRB and submit a paper of evidence for its consideration on the changes we need to make, in time for the introduction of the measures contained in this Bill from 2019.
I hope there are no lingering concerns that service personnel may be made to work part-time as a savings measure. The regulations under the Bill will make it clear that any application for part-time working or restricted separation must be made by the serviceperson. I am therefore clear that the Ministry of Defence will not be able to impose a change in working pattern on individuals, and that any such change will have to be instigated by the individual. I can reassure the noble Lord, Lord Touhig, that the measures in this Bill will be considered alongside the existing provisions for flexible working that he referred to, so that service men and women will have those options open to them and can accordingly choose the road they go down.
Amendment 6 seeks to protect existing flexible working arrangements. The new flexibilities that this Bill will introduce are part of a series of steps we are taking to modernise the conditions of service we offer to those who serve, and for those who are considering a career in the services. The long-term aim, as I have mentioned, is to improve recruitment and retention in the Armed Forces. We are constantly looking forward and trying to reflect wider best practice in the development of our personnel policies, and we are making good progress. This is the least that our people deserve. In terms of the flexible working options that the Ministry of Defence already provides, such as variable start and finish times, home working and compressed hours, we have over the past two years continued to add to and refine the policies that support them to ensure that they are the best they can be, and we will continue doing so.
As with any HR policy operated within other organisations, it is essential that we have the ability to manage and adjust our flexible working policy to meet the emerging needs of our people and the services. These policies are published in Joint Service Publication 750, a document available to all personnel, to ensure clarity, coherence and transparency for both service personnel and their chain of command. The House can be absolutely assured that we have no intention of withdrawing these existing opportunities for flexible working, which are now well published and in operation in each service. Some have been on offer to our people since 2005 and others have been developed to meet their need for a degree of flexibility in the modern world. To reduce the flexible working options, which is the implied concern in the noble Lord’s amendment, would be a retrograde step given our objective of modernising the Armed Forces offer and would run counter to our aim of increasing the flexibility available to meet our people’s needs.
To be crystal clear, though, to your Lordships, the flexible duties trial that is not part of JSP 750 policy and has been run to help inform the new part-time and geographically restricted service will of course cease when the new arrangements become available to supersede it. However, that is the only exception to what I have laid out. Following these assurances and the circumstances I have outlined, I hope that the noble Lord, Lord Touhig, will feel comfortable in withdrawing his amendment.
My Lords, I apologise to the House for jumping the gun earlier.
We all want to make flexible and part-time working a success, and it is therefore important to monitor whether these arrangements are helpful in convincing some who might not ordinarily have thought of joining the Armed Forces so to do, or in persuading some existing members to remain in the Armed Forces if they were considering leaving. The Armed Forces covenant annual report is the report on the state of the armed services to the nation, so I ask the Minister not to close the door on this level of reporting. It would be helpful if he could assure the House that, in the future, the MoD would consider doing just this.
My Lords, I fully agree with the noble Lord, Lord Touhig, and the noble Baroness about the importance of measuring and reporting on the impact of the changes that will be introduced through this Bill. As I have mentioned a number of times previously, we expect a modest, yet significant, number of our people to take up the new opportunities this Bill will introduce. Therefore, we must ensure that our reporting on this subject is both appropriate and effective for the MoD and Parliament.
I am pleased that noble Lords recognise that the long-term aim of providing these new arrangements, alongside a range of other measures, is to modernise the terms of service and, ultimately, improve Armed Forces recruitment and retention. As we have discussed previously, the changes we are introducing do fall within the scope of the Armed Forces covenant. Noble Lords may recall that I said, in Grand Committee, that it was likely that a future report on the Armed Forces covenant would include a section on the introduction of the measures included in this Bill and their effect.
The current wording of Section 343A, inserted by the Armed Forces Act 2011, which places the obligation on the Secretary of State to lay an annual report on the covenant before Parliament, directs him in preparing the report to,
“have regard in particular to … the unique obligations of, and sacrifices made by, the armed forces; … the principle that it is desirable to remove disadvantages arising for service people from membership, or former membership, of the armed forces”.
It also advises the Secretary of State to include,
“such other fields as the Secretary of State may determine”.
We judge that this broad wording is sufficient to deliver the specific outcomes that the noble Lord seeks and, therefore, does not need amending as proposed.
There is a good reason why I am confident in saying that. A look back at the five Armed Forces covenant reports that have been produced since 2011 confirms that they contain a very broad spectrum of information and data on policy developments that have fallen within the covenant’s scope. A good example of that is the Forces Help to Buy scheme, introduced in 2014, under the new employment model. The scheme has featured regularly in annual reports, and the figures for August 2017 show that, since its launch, more than 12,000 of our people have benefited from the scheme, having received some £184 million to help them get on, or stay on, the property ladder.
A key feature of the reporting has been a description of the nature of the policy change being brought in and, where possible, a measure of its impact following introduction. I can undertake that we will take the same approach to reporting on the introduction of the flexible working opportunities from 2019. Those opportunities will, in the long term, improve recruitment and retention in the Armed Forces and, in the near term, our people will see improvements in their terms of service, and they will benefit from the increased level of personal control over their careers that the new flexibilities will bring. We will ensure that we capture the introduction of the policy change in reports on the Armed Forces covenant and, where possible, a measure of the impact following its introduction from 2019 onwards.
For these reasons, we judge—and I hope the noble Lord will draw the same conclusion in light of what I have said—that it is unnecessary to create legislation requiring the Secretary of State to report on the new measures that this Bill will introduce. I hope, following the assurances I have given, that the noble Lord, Lord Touhig, will agree to withdraw his amendment.
My Lords, I am grateful to the noble Baronesses, Lady Smith and Lady Jolly, for tabling a further amendment on service accommodation. As the noble Baroness, Lady Smith, noted in Committee, there are already significant pressures on service accommodation, and that is before we even begin to consider the move to the future accommodation model from 2019.
I will not go into the detail about our concerns on the future accommodation model, but clearly there are urgent questions for the Government to answer on how the Bill will affect personnel who rely on service accommodation, particularly when the system is shaken up. There will also be more questions for the Government to answer in the future as the new system is rolled out. I am therefore glad to see the addition of the second part of Amendment 9, which would require the Secretary of State not only to provide a periodic snapshot but to be proactive in anticipating future accommodation needs. I hope that the Minister will provide us with some answers—perhaps in a further round of letters before Third Reading—and offer a firm commitment; it is important that these things are reported back to Parliament.
My Lords, Amendment 9 is similar to the amendment to which I spoke in Grand Committee—I think it was Amendment 13 on that occasion—which sought to amend the Bill to ensure that personnel who successfully apply to work part-time will still be entitled to service family accommodation and resettlement support.
The noble Baroness, Lady Smith, will recall that during discussions in Grand Committee I provided assurances that regular service personnel undertaking part-time working would retain the entitlements currently available to full-time regulars. I was able to give those assurances because providing our people with service accommodation is pivotal to the work we are doing to enable personnel and their families with mobility in support of defence capability.
To support my earlier reassurances, I stress again that regular service personnel who successfully apply to work part-time following the introduction of these new measures will be entitled to service accommodation commensurate with their personal status category and other qualifying criteria in the same way as their full-time colleagues. There is no reason to alter the entitlement to accommodation for those who undertake part-time working in the future since these individuals will retain an enduring liability for mobility and will still be subject to the same moves associated with new assignments as others in the regular Armed Forces.
(6 years, 10 months ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Armed Forces (Flexible Working) Act 2018 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, in moving that the Bill do now pass, I express my appreciation to all noble Lords, noble and gallant Lords and right reverend Prelates for their interest in the Bill and for their thoughtful contributions to what have been constructive debates during its passage through your Lordships’ House. I am grateful for the positive engagement and support of noble Lords on the Opposition Benches and from around the House.
The Government have responded positively to the concerns of this House that the Defence Council regulations should be subject to the affirmative procedure. I know that the noble and gallant Lord, Lord Craig, and others will be disappointed with our response to his concerns about the use of the term “part-time” in the Bill. I hope that in due course he will see that his fears about people disparaging the good name and full commitment of the Armed Forces are unfounded, once people are able to apply to work part-time or have protection from being separated from their home base for prolonged periods.
Of course, encouraging the right cultural attitudes and behaviours in the Armed Forces will play an important part in ensuring the success of these measures. As I said at the outset, the Bill is designed by the services for the services, and all three remain involved in the plans to make this a success. We are immensely proud of the achievements of our Armed Forces; they work hard for us and we owe them a great deal. Flexible working will provide our brave and courageous service men and women with an opportunity for some respite from their full-time commitment when they need it most. This Bill is for them and I beg to move.
My Lords, when the noble Earl responded to my Amendment 3 on Report, he began with a frank and gracious apology to the House and to me for saying in his letter of 29 September that it would not be possible to remove the word “part-time” from the Long Title of the Bill. As he said, this was incorrect but given in good faith. To my embarrassment and regret, I failed, when I spoke again, to thank him for his apology—which of course I fully accept. I have spoken and written to the noble Earl to apologise for this discourtesy but would like to put the record straight.
In the same letter the noble Earl sought to allay concern by saying that the use of “part-time” was not unprecedented: it had been, he said, in previous Armed Forces legislation. So far, it has been found but once in all such Acts, going back over 60 years—and that once was in a 1955 Act, long repealed, and with a totally different meaning from contemporary usage. Both of these were weak—and, indeed, inaccurate—claims. The noble Earl would have done better to note that our objection to introducing “part-time” into the Bill was not that it would be unprecedented but that it should be there at all. The noble Earl said that he did not agree with my analysis, but a dozen speakers sympathised and agreed with the noble and gallant Lords and myself. More than 50 unwhipped Peers supported us in the Lobby.
The noble Earl said that the purpose of this novel type of flexible working was to enable individuals to take breaks from their 24/7/52 commitment to their service. Both in Grand Committee and on Report, our amendments were aimed at providing for just that, with appropriate subordinate legislation. We were being direct, not devious, as the noble Earl chided us. The Government’s approach—that the individual must first commit to serving on a part-time basis before becoming eligible to apply for breaks—is far less straightforward.
The arrangements for time away are all to be set out in subordinate legislation—but, we are told, cannot be guaranteed unless individuals are formally released from full-time duty to the Crown. But are they released? They are still beholden to the Crown because they remain under the Armed Forces Act. Would the military or civil police be responsible for investigating a crime committed by an individual while on a break? As a law tutor might say to his class of students, “discuss”.
I hope that the Government noted that the noble and learned Baroness, Lady Butler-Sloss, strongly suggested that phraseology other than “part-time” could be adapted for the armed services in legislation—as did the police, with detail in subordinate legislation to guarantee arrangements. However, the noble Earl said that what was intended was,
“distinctly different … and therefore the way we describe it needs to be very clear”.—[Official Report, 11/10/17; col. 249.]
I have since seen the noble Earl’s response to criticism by the Delegated Powers and Regulatory Reform Committee. He wrote:
“There is no intention at present to enable part-time service for all enlisted regulars”.
“No intention at present” really does make it distinctly different from just providing compassionate flexibility. Is this the intended direction of travel? Do the Government want this primary legislation to spawn part-time service in further and wider applications than those proposed now?
A statutory door is being primed to spring open—a far cry from the assurance given by the noble Earl in that letter of 29 September in which he wrote:
“The amendments to primary legislation simply provide us with the power to make regulations to enable these particular forms of flexible working”.
The Bill will enable far greater powers than that. There is no place in the Armed Forces Act 2006 for such an untrammelled, undefined, catch-all “part-time basis” phrase, unless Governments want a broad statutory power to recruit and re-muster our armed services little by little into becoming a force of part-timers. Perhaps, having reviewed all that has been said during the passage of the Bill in your Lordships’ House, wiser counsel will prevail in the other place. I certainly hope so.
My Lords, I agree with the noble Lord, Lord Tunnicliffe. I thank the Minister and his team very much for supporting the House and us in our deliberations on the Bill. We are pleased that the Government have accepted the view of the Delegated Powers and Regulatory Reform Committee on parliamentary scrutiny and on the adoption of the affirmative procedure. I worked quite closely on this with the noble Lord, Lord Touhig, and with both spads. We agreed amendments between us: so it is an example where, on occasions, opposition parties can work successfully together, and I wish the noble Lord success in whatever he is doing.
On a personal note, this is my last defence hurrah. I have now moved to health and have come back just for Third Reading. It occurred to me as I was walking into the Chamber that ever since I came into this House I have been either opposite or alongside the noble Earl in my deliberations and those of the House. I thank him very much for his courtesy and consideration; I learned an awful lot from him.
My Lords, I much appreciate the remarks from the Front Benches opposite and reciprocate the warm feelings that have just been expressed by the noble Baroness, Lady Jolly.
I hope that both noble and gallant Lords who spoke will accept that I have listened with care to the arguments they put forward. The Government have taken due note of their concerns about the use of “part-time” in this legislation. We have had debates in Committee and on Report, and the matter was settled by a vote on Report. There is a convention in your Lordships’ House that at Bill Do Now Pass we should not continue the debates of previous stages. Nevertheless, in so far as I have been asked questions by noble and gallant Lords and the noble Lord, Lord West, I undertake to write after the conclusion of this stage of the Bill. Let me make it clear that the service chiefs fully support this legislation. As I said in my opening remarks, the Bill is designed by the services for the services. All three remain involved in the plans to make this a success and I hope that all noble Lords will agree that that is now the imperative.
(6 years, 9 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Armed Forces (Flexible Working) Act 2018 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move, That the Bill be now read a Second time.
We have the best armed forces in the world. From their service in Afghanistan, and their support to the coalition to defeat Daesh in Iraq and Syria, to being at the forefront of the humanitarian response to hurricane Irma, their courage and professionalism are renowned the world over. We are investing some £18 billion a year in new ships, submarines, aircraft and armoured vehicles, but it is not enough just to modernise our armed forces with new equipment; we need to ensure that service within the armed forces reflects a modern lifestyle.
We know that one of the main reasons why people choose to leave the armed forces is the impact of service on their family life. At the moment, many regular personnel who are unable to meet their unlimited military commitments for periods of time have no other choice than to leave the service. They lose a good career; we lose their hard-won knowledge, skills and experience.
It is a fact that today people want greater choice over how they run their lives, and when and where they work. If we are to compete for, and retain, the best people, our armed forces need to respond with greater flexibility, making the lives of those who proudly serve our nation easier.
Total and unlimited choice is not, of course, possible in the disciplined environment of the armed forces, where the requirement to serve the needs of the country is paramount. So maintaining operational effectiveness is our absolute red line, but that does not mean that we should not offer our people more choice about how they live and work.
I could not agree more with what the Secretary of State has said so far about both the professionalism of our armed forces and the need for greater flexibility, but does he recognise that one of the reasons why many people have left, and one of the reasons why there has been such an impact on their family life, is the huge reduction in armed forces personnel numbers and the increasing expectation on those people, with all that is going on? That has been one of the causes of their having such poor family lives.
The armed forces continue to meet what are called the harmony guidelines and we have stabilised the size of the armed forces—the hon. Gentleman referred to reductions—but I also recognise that we are asking ever more of our armed forces each successive year, with the deployments in different parts of the world.
The 2015 strategic defence and security review committed us to an ambitious programme of modernisation of our personnel policies. There are already a range of initiatives in place to support flexible working. Subject to chain of command approval, service personnel have already been able to work compressed hours or vary their start and finish times. They can also take unpaid leave for up to three months and longer-term career breaks to help meet life’s commitments—for example, when a partner is posted overseas—and, in certain circumstances, they are even able to work from home.
We know that these existing initiatives are popular: in the six months to July 2017, 1,400 personnel had taken advantage of them. This Bill will take these initiatives a step further and provide more formal arrangements and certainty, including allowing personnel to work shorter hours.
The Secretary of State might come on to answer this question: I acknowledge that members of the armed forces can already apply for flexible working, as he has stated, including late starts and working from home, but it would be helpful to hear more about the gap the Secretary Of State sees being filled by the new forms of flexible working he is introducing.
The hon. Lady anticipates my speech, as I will be coming on to that. If I do not do so adequately, I am sure she will have the chance to intervene again.
More flexible working than we have at present would help alleviate some of the strain people face at critical times in their career, whether because of family responsibilities, caring needs, or a desire to pursue further educational opportunities. It will help us to recruit and retain more of the people we need, and make our services more representative of the society they serve.
In particular, we are committed to see women account for 15% of our new recruits by 2020, and evidence suggests that they see greater opportunities for flexible working in the services as particularly attractive. Two thirds of the applications approved in our ongoing flexible duties trial are from female service personnel. We are on track to meet our 2020 target, with the latest figure for all services at 11.4%, but I want to do better than that, and the Bill will help. We have opened up every single role in our armed forces to women so that talent, not gender, determines how far anyone can go. That means ensuring that they are able to stay to achieve their potential. At the core of the Bill is our wish to ensure that the armed forces are seen as modern and attractive employers, but that is getting harder to achieve against an increasingly competitive backdrop, with the competition for talent expected to increase in the years ahead.
I declare an interest as one of those Members on the armed forces parliamentary scheme; I am currently doing the RAF one. Through the scheme, I have had the chance to meet soldiers and RAF personnel, and I have heard lots of things. Two things have come up on recent visits. The first is a need to ensure that the accommodation is right. Much of the accommodation is not right for families. In particular, it does not suit people who come into the armed forces when they are single and subsequently get married. The second point relates to training. Some of the RAF personnel are saying that they are not getting the training they need to work on the new F-35s. Will the Secretary of State address those two points?
We are addressing the important issue of service families’ accommodation, with various new arrangements for ensuring that they have improved accommodation. We are also putting a number of RAF personnel through the F-35 training programme. We have more than 100 personnel in the United States training up and learning how to support and maintain the F-35s, of which we have purchased more than a dozen so far.
More flexible working will help the services to compete and to attract and retain a better mix of people and skills. That will not only enhance operational capability through improved retention but provide a more diverse workforce. I am absolutely clear that a diverse workforce, with more women and more people from black and minority ethnic backgrounds, will be a more operationally effective workforce.
I entirely concur with what the Secretary of State is saying about the roles that women can play in our armed forces, about the importance of diversity and about what the Bill can do to provide opportunities for flexible working. Does he really think, however, that this is going to be the silver bullet to deal with the recruitment crisis that exists, particularly within the Army? Figures released by the Minister for the Armed Forces, the hon. Member for Milton Keynes North (Mark Lancaster) this summer showed that we are under-recruited on every course. When we look at the line infantry, the Guards and the Paras, and when we look at Army Training Regiment Winchester and Army Training Regiment Pirbright, we see that they are significantly below the required recruitment levels and participation levels in those crucial training courses.
I have made it clear that the Army faces a recruitment challenge as the economy continues to grow. The Army is about 95% recruited and I am told that Sandhurst places are now filled for the coming courses, but we need to do more. We need to continue to ask ourselves why we are not attracting some of the people we want to attract.
Flexible working for the armed forces is principally about recruitment and better retention. I want to emphasise that this is not a method of saving money. So what does the Bill do? There are two main provisions. Clause 1 makes amendments to section 329 of the Armed Forces Act 2006, which makes provision regarding terms and conditions of enlistment and service. Service personnel will be able to temporarily reduce the time they are required for duty—for example, by setting aside one or two days a week on which they will not work or be liable for work—or to restrict the amount of time that they spend separated from their normal place of work. The amendments extend the existing regulation-making powers in section 329 to allow the Defence Council to enable forms of part-time service and protection from being separated from a home base for prolonged periods for people serving in the regular armed forces. Clause 1 also enables regulations to be made about the circumstances in which these new arrangements can be varied, suspended or terminated.
I represent a constituency with a long and proud military tradition. I recently tabled a parliamentary question to ask for the number of people from my constituency who had recently been recruited to join the armed forces, but I was surprised to be told that that information was not held centrally. That seems absolutely extraordinary. It is important that our communities should be linked in to the armed forces and that we should know what sort of connections our constituencies have with them. Will the Secretary of State please look into this and check again whether that information is held centrally? If so, please could he let me know how many of my constituents want to join the armed forces?
I understand the hon. Gentleman’s concern, but there is nothing sinister about this. Different regiments recruit in different ways, and my understanding is that the data are not collated on a constituency basis. However, I would be very happy to have another look at that.
I very much support this measure; it is absolutely right to compete for workers in the 21st century. However, terms in the guidance notes such as “back-filling” are troublesome. I am sure that my right hon. Friend would agree that it is necessary to maintain whole-time equivalents in our armed forces rather than relying constantly on back-filling. My 35 years’ experience in the regulars and the reserves tells me that back-filling usually means colleagues filling in for others. Does he agree that that is guaranteed to demoralise people and cause the retention problems to which he has referred?
My hon. Friend has a great deal of experience in these matters. I know that when the Under-Secretary of State for Defence, my right hon. Friend the Member for Bournemouth East (Mr Ellwood), winds up the debate, he will want to address that question about back-filling. This is not about making other members of a unit, a platoon or a section do more work to compensate. It is about arranging people’s time in a more satisfactory manner.
The Government acknowledged the strength of feeling in the other place about ensuring that the new regulations would be subject to the affirmative procedure, so my colleague the noble Earl Lord Howe accepted Labour’s amendments to that effect. It is of course important that Parliament ensures appropriate scrutiny of the forthcoming regulations. In practice, the arrangements will be temporary, limited to defined periods, and always subject to service needs to maintain operational capability. I want to be absolutely clear that maintaining operational effectiveness is our absolute red line.
I hope to speak later in the debate. My husband served in the armed forces, and I wonder whether my right hon. Friend would agree, given that the Government spend a lot of time looking at the hardware and infrastructure in the armed forces, that it is only right and proper that we also look at support for our armed forces personnel and their families. That is why this Bill is so important.
Yes, this proposal has the support not only of the service chiefs but crucially of the service family federations. They, too, see the advantage in it.
As I was saying, maintaining operational effectiveness is a red line. The Bill therefore also provides for the services to vary, suspend or terminate the new arrangements in circumstances to be prescribed in new regulations— for example, in the case of a national emergency or a severe shortage of specialist personnel. There will also be instances where flexible working arrangements are simply not practicable—for example, while serving at sea, serving in a high-readiness unit or serving in a unit that is on the brink of deployment. Let us therefore be clear that the Bill will not enable every service person to work flexibly. It will, however, create an obligation for the services to consider applications from personnel to serve under the new flexible working arrangements. It will also require the services to record the terms of an approved application so that there is clarity for both parties in the arrangements. Clause 2 of the Bill will make small consequential amendments to existing legislation to provide for regular personnel temporarily serving under flexible working agreements to continue to be automatically excused jury service.
The Bill was developed with the three services, and the proposals have the support of all the service chiefs. They have been designed—and will continue to be developed—by the services and for the services. And, as my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) has just said, we should not forget the bedrock of those who follow and support our armed forces—namely, their families. I am particularly pleased that the families’ federations have welcomed our plans to improve flexible working opportunities in the armed forces. I quote:
“Improving family stability amongst Service families is one of our focus areas and we look forward to the implementation of this initiative”.
No, I am just concluding.
The Bill will not address all the challenges of recruiting and retaining personnel—it is not the silver bullet that the hon. Member for Cardiff South and Penarth (Stephen Doughty) thought it might be—but we believe that it will pave the way, in modernising the armed forces, to better reflecting today’s lifestyles and aspirations while ensuring that we retain a world-class fighting force. I commend the Bill to the House.
Despite the time constraints, we have had a welcome, constructive and largely agreeable Second Reading debate. I am grateful for the contributions from both sides of the House, and I am pleased to have the opportunity to respond to some of the points made.
As the Secretary of State said in opening the debate, while we are investing in equipment—in new ships, submarines, aircraft and armoured vehicles—we must also continue to attract and retain the people not only to use that equipment but to learn the skills to leverage its capabilities fully, to ensure that, strategically and tactically, we can continue to meet our defence, security, humanitarian and diplomatic obligations.
Ultimately, this is about people; it is about those in uniform who defend these shores and our security interests abroad. It is about those in uniform whom we call on to respond to new threats and challenges, such as a resurgent Russia, or to provide humanitarian support in the Caribbean. It is those in uniform—their capabilities, their leadership, their courage and their commitment—who truly reflect our operational effectiveness. However, to attract the brightest and the best, we must recognise the modern context in which recruitment and retention take place.
Just as our equipment and tactics advance and modernise, so too must our offering in terms of what it entails to wear the uniform and serve in the Royal Navy, the Army or the Royal Air Force. As the Secretary of State stated, we are now committed to an ambitious programme to advance our personnel policies, and this Bill is an important step towards a more modern lifestyle for our armed forces.
Under our armed forces people programme, there are four key strands: first, our new joiners’ offer, developing a new employment offer that better meets the expectations of future recruits; secondly, our future accommodation model, advancing the housing options available both to single and to married personnel, including home ownership; thirdly, the enterprise approach, with a better harnessing of the transition between public and private sector, specifically for those with engineering and high-tech skills; and finally, offering greater flexible engagement through this Bill.
There is not enough time to do justice to all the contributions we have heard, but I join the hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones) in congratulating those who have spoken. The Opposition spokesperson, the hon. Member for Llanelli (Nia Griffith), who supported the Bill in general, spoke about some of the challenges that our armed forces face to do with childcare, partner illness and so forth. I am pleased with the general tone that she adopted, which was reflected across the House.
My right hon. Friend the Member for New Forest East (Dr Lewis), the Chair of the Defence Committee, almost broke into song; I think that the House is probably grateful that he did not. Other contributions from across the House highlighted the importance of supporting the people who make our armed forces work.
I will not give way because of the time, and I would like to make some further comments.
As has been said, this small but important Bill will help to modernise our armed forces, and it forms part of a package of measures to maintain the attraction of serving our country. Without exception, all Members, from the opening speech by the Secretary of State onwards, stressed the respect that our armed forces command both here in the UK and abroad.
On a point of order, Mr Deputy Speaker. I am slightly bemused. Can you confirm whether we have until the moment of interruption for the Minister to continue his remarks?
That is not a point of order, but there are 33 minutes to go.
As I said, without exception, all Members from across the House came to support the people in our armed forces today.
For centuries and across continents, our armed forces have been respected—indeed, revered—for their grit, tenacity and courage. When we define who we are as a nation—our standards, our values, our tolerance, our interests and our aspirations—they are neatly interwoven with the reputation of our armed forces and the role that they play on the nation’s behalf.
I will not give way—I have made that clear.
The Secretary of State spoke, as did others, of our armed forces being the best in the world. The professionalism and capability of our personnel remains the exemplar on which other nations, both friend and foe, rate the professionalism of their armed forces.
In this place, we often refer to Britain’s global influence as the world’s leading soft power, with the ability to pursue a transparent agenda to help shape the world around us as a force for good through our influence, commitment, political values and foreign policies. That international respect works only if it is underlined by the recognition that it is backed by the hard power that can be called on to support, to lead, to stabilise, or, where necessary, to intervene. Who do we call on to step forward? It is those who are in uniform. This is not just about attracting the brightest and the best in an ever-competitive domestic environment; in a fast-changing and challenging world, it is about retaining the professionalism of our armed forces that helps us to continue to play a critical role as a force for good on the international stage. It is therefore right that we advance our offering to attract the brightest and the best. That is exactly what this Bill, sitting with the other measures that I have outlined, attempts to do.
Question put and agreed to.
Bill accordingly read a Second time.
Armed Forces (Flexible Working) Bill [Lords] (programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Armed Forces (Flexible Working) Bill [Lords]:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on 14 November.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Chris Heaton-Harris.)
Question agreed to.
(6 years, 9 months ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Armed Forces (Flexible Working) Act 2018 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Before we begin line-by-line consideration, I have a few preliminary announcements, as usual. Please switch all electronic devices and mobile phones to silent. Tea, coffee and other hot drinks are not allowed during sittings.
Today, we will consider the programme motion on the amendment paper. We will then consider a motion to enable the reporting of written evidence for publication. In view of the time available, I hope that we can take those matters formally without debate.
If any gentlemen would like to remove their jackets, please feel free to do so. Minister, before I call you, would you like to remove your jacket?
I am not going to upset the Chair. If you tell me to remove my jacket, I am happy to do so.
You asked if you could. Otherwise, Minister, please feel free to move the programme motion.
Ordered,
That—
(1) the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 14 November) meet at 2pm that day;
(2) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm on Tuesday 14 November.—(Mr Ellwood.)
It is a pleasure to serve under your chairmanship, Ms Dorries. I want to expand on some of those issues.
As my hon. Friend said, this is a probing amendment, but it goes to the heart of the entire Bill and how it will be implemented in practice. Will the 15% limit operate in the same way across the three services, and how will it work within each individual service? Let us take trades, for example. We all know that fast jet pilots are quite a small pool of individuals. If someone from that pool wanted to work part time, that would obviously have an adverse effect on the capability of that frontline unit. Likewise, if 15% of a ship’s crew suddenly decided to apply for part-time working, on what basis would a decision be arrived at in terms of operational effectiveness? As my hon. Friend said, there are certain niches or pinch points within the Army, with trades that are in scarce supply because of recruitment problems. What limit would be put on the number of those individuals who could apply for part-time working?
I would like to get an understanding from the Minister of how this proposal will work across the various ranks. There is a big difference, for example, between a private and a general applying for part-time working. We can envisage a situation where a senior officer in all three services wanted to go part time. One aim that General Carter has put forward for the legislation is to encourage opportunities for more family-friendly working practices, and obviously there is the aim of encouraging women not only to join the armed forces, but to advance up the career path. I would therefore like to know from the Minister what the rules are. Will there be uniform rules across the ranks for how individuals, and what percentage of individuals, would be covered?
Having read the Bill, I am not sure whether this issue is covered. Clearly, the ultimate decision is about the operational effectiveness of our armed forces. We could not have a situation in which, even if there was a 15% upper limit, we took out an entire capability that was needed by our armed forces.
I would be interested to know, through the probing amendment tabled by my hon. Friend, what the appeals mechanism is. One issue in the armed forces is women not advancing up the pay spine or rankings because of breaks in service and other situations, so what would be the appeal mechanism? If someone felt that they were being unfairly denied part-time working, what would be the process? If it relates to a female member of the armed forces, is that not opening us up, potentially, to a claim of discrimination against that individual if she feels that that is the reason why she has been denied part-time working?
First, it is a pleasure to be here. I am very grateful that the Bill has reached Committee and, from looking around the room, it is clear that there are many committed right hon. and hon. Members who want the best for our armed forces. I am pleased that the Bill has reached this stage and that we can scrutinise what I hope will be an important stepping-stone in our support for our armed services.
In the wider debate on the clause, I will expand on the virtues and benefits of the Bill, but specifically on the amendment, questions were raised about recruitment and retention. We concede that this is a difficult climate in which to recruit and retain personnel. That is why we have put forward the armed forces people programme, of which there are four distinct parts. This Bill on the flexible working programme, which we are debating here today, forms one part of that. We need to advance, to modernise. We need to reflect society and ensure that we can recruit from that gene pool—the voluntary force out there—and make the armed forces attractive in a modern-day context. That means providing an element of flexibility in the work that we expect them to do.
The Armed Forces Pay Review Body was touched on. We will probably look at this matter in further detail under a later amendment. Now, I will simply say that the freeze—the pay cap—has been removed. Absolutely, there may be a requirement for an increase in salaries for specific trades where there is a shortfall, and we need to attract people and fill posts. That is beyond the scope of the Bill and this debate, but it sits in the wider context of ensuring that we are doing our best to attract and retain people for the most professional armed forces in the world.
I was asked whether this provision applies across the three services. It does. However, the word “regiment” would not necessarily apply in all contexts of the armed forces. It is important to remember the requirement in respect of operational capability. The example was given of an individual seeking to apply for flexible working while on board a ship. The hon. Member for North Durham will be aware that they will be attached to a posting for a period—possibly nine months—and they will make an application for the future. They would hope, perhaps, to be able to remain in a geographic location or to have the freedom to work part-time or reduced hours once they got off the ship. Ultimately, operational capability is of first and foremost importance, and it must not be affected at all by any aspect of the Bill.
The Minister is right that a person on a ship would be applying for the future, but what would be the decision-making process when putting together a crew for a ship? What percentage of the crew would be allowed to work part time?
When we look at countries that already have this process, figures like 15% simply are not applicable. Australia has, I believe, up to 1% or 2% of its personnel interested in pursuing this. Ultimately, it is about the operational capability of any ship and the force on board. Any commander or authority has the ability to deny any individual application because of that. Should an individual still feel that they require this kind of working because of their personal circumstances, there will be an appeals process. We will come on to that under a later amendment.
We have the mechanisms in place to recall service personnel. I want to make that clear. Even if permission was given for an individual not to be on a particular ship, they could be recalled because of operational capability if the situation demanded it. That is the agreement under which this entire offering is being made.
These measures have been designed by the services for the services. This is the Army, Air Force and Navy looking at their own protocols and personnel situations, and seeing how they can manage situations like the one on the ship that was described by the hon. Member for North Durham. It makes sense, therefore, to leave many of the judgments on the details to the services themselves. They own the responsibility to deliver operational duty and capability in order to recruit and fulfil their tasks.
In our view, the arbitrary limit of 15% in the amendment was put forward with good intentions, but would inevitably prove unhelpful. I am pleased that it was clear from what the hon. Member for Merthyr Tydfil and Rhymney said that it is a probing amendment. We must allow the services to retain the flexibility and agility to manage their manpower as they see fit.
The Minister says that this proposal comes from the services. How far down the chain of command is there buy-in on this? If anyone in the Navy is asked about their next posting, they will always say, “Put the two at the top that you don’t want and you’ll get the one that you want third.” Will there be a cultural shift so that this is not just something that is recognised by the senior heads in the Ministry of Defence, but something that has buy-in from the people actually making the decisions about where people go?
As I say, this has been designed by the armed forces themselves. A series of surveys has been put forward. I refer the hon. Gentleman to the opening speech given by the then Secretary of State on Second Reading, which made clear the length and depth to which the Ministry of Defence has gone to ensure that there is buy-in and approval not just among service personnel, but from their families and partners who are directly affected by this. There is absolute support for this and I hope that the hon. Gentleman will agree, particularly with his experience, that it would not be wise to go ahead with it if the chiefs did not agree, if the commanders did not agree and if the armed forces personnel themselves were not calling for it.
Looking at the surveys, one reason why individuals make the tough decision to sign off and leave the armed forces is the stress and strain that it places on their families. That is why we have said, “Let’s adapt, let’s reflect on what society is doing and on what happens in civilian areas.” That is why I believe that it makes sense to persevere with this idea. I assure the hon. Gentleman that it has support across the board.
As I suggested, we envisage a modest take-up of between 0.5% and 1% of all service personnel. The take-up rate is highly unlikely to exceed 15%, but of course it would be wrong to place a cap or arbitrary limit on it. Following the assurances that I have provided, I hope that the hon. Member for Merthyr Tydfil and Rhymney will agree to withdraw the amendment.
I would like to raise similar concerns to those raised already, but probably coming from a different position. We have already heard that there are issues around large numbers of personnel and the requirement to maintain operational capability. I would certainly echo those concerns, but if the Bill is to deal with retention of the talent that we cannot afford to lose, and identify how best to make the armed forces modern and fit for purpose, we need to consider how it will be implemented.
There are some worrying phrases in the Bill, such as the “prescribed circumstances” in which flexible working can be suspended. We have already talked about the suspension of flexible working during a national emergency; nobody has a problem with that, but the form of manning crisis and its management, and the ability of the service to refuse applications broadly on the grounds of defence need are more problematic.
We have already heard about areas in which there are key shortages—engineering and particular parts of the RAF, and I will add the submarine service to that. There are people in those services who are currently unable to take the annual leave to which they are entitled. Those same people will not be able to access flexible working, and the result will be the same—members of the armed forces will leave before they are due to do so and the problem with retention will continue. To maintain operational capability, members of particular sections will not be able take up flexible working or get leave because of things that are absolutely out of their control, such as shortages and budget cuts. We need some clarity on how that is rolled out.
Getting the Secretary of State to report to Parliament is quite important. People need to know the situations in which applications have been refused and the number of people who have taken the option up. The Minister mentioned his view that a very small percentage will take it up. We need to be told regularly exactly what the uptake is and across which services, and why applications have been refused—was it because of a particular short-term issue or longer term, endemic problems? Having the Secretary of State report to Parliament regularly would allow some clarity and allow us to monitor who is able to access flexible working and who is not.
Amendment 4 is a probing amendment, but I reserve the right to return to it at a later stage.
I admire the way in which the hon. Lady finessed amendment 4, which disappeared, into amendment 5 with the dexterity that we all require in such situations.
I am grateful for the general support for the armed forces. It is important to understand the context. Is this about budget cuts? That is a knee-jerk reaction—a question that I also posed, when I was in opposition, whenever any decision came up. Is the Bill a consequence of that? I can say to the Committee that it is not; it is absolutely nothing to do with financing whatsoever. It is purely to do with recruitment and retention, and the hon. Lady cited examples of that.
I am not suggesting that the Bill is a way to deal with budget cuts. I am suggesting that budget cuts to particular areas may make people working in those areas less able to access the flexible working provisions because they are stretched to their limit.
I am grateful for that clarification. The hon. Lady talked about what she called the endemic problems we are having. I was very frank, honest and transparent and said, yes, as the Secretary of State and the Armed Forces Minister recognise, we need to do our best to recruit and retain. We can only do that if we adapt, and that is one of the reasons for the Bill.
The hon. Lady gave an excellent example of those who are under pressure because of their expertise—there are not enough experts in a particular field, which places extra pressure on those who are there. We need to make sure that we recruit more experts in a particular field—engineers, for example—so that we limit the pressures on any individual to constantly be at work, which we do not want.
The new arrangements will be available to all regular service personnel and are aimed at improving recruitment and retention, in not just the short but the long term. Our aim is to approve as many applications as we can, but we also recognise that there will be some that we will not be able to approve. There will be requests made to work part time to which we will have to say no—for example, because somebody is serving at the moment in a high-readiness unit. We have to manage the expectations about the arrangements and we have to provide commanding officers with the information to help them to determine, with their people, whether the arrangements are right for them, or whether less formal flexible working arrangements, which are already available, might suit them better.
Careful consideration will be given to applications when they are made, and because of that we do not anticipate that there will be a need to vary, suspend or terminate any arrangements. However, the ability to do that is necessary to maintain our ability to recall if operational capability demands. It also provides our people with some flexibility should their own needs change.
When it comes to the numbers, as I mentioned, we do not expect take-up of more than about 1%. On that basis, in our view, collating or reporting the information for the size of the cohort will not provide significant or beneficial data. Our internal systems are likely to capture that information anyway as a matter of course and be reported to Parliament in the normal way. That will provide management information from which the services can assess how effectively the new arrangements are working and make any appropriate adjustments.
This is a new concept; of course we need to understand and manage it, see how it works in practice and adapt accordingly. It therefore seems disproportionate to require the services to spend time and resources compiling the management information proposed in the amendment into a form robust enough for publication when we expect the numbers affected by the powers to be small. I hope that I have provided clarification and assurances, and that the hon. Lady will agree to withdraw the amendment.
I still have some questions. There is a difficulty: if we cannot look at the entire picture and see the particular areas of service that cannot access the arrangements, we are missing a trick. Undoubtedly, if people are operationally stretched and unable to access them, there will be more retention issues. However, for the moment, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 1 ordered to stand part of the Bill.
Clause 2
Consequential amendments
Question proposed, That the clause stand part of the Bill.
Clause 2 makes small consequential amendments to existing legislation to provide that regular service personnel temporarily serving under flexible working arrangements continue to be excused automatically from jury service. It has long been recognised that regular service personnel are in a unique position when it comes to jury service. It is vital, as I stressed before, that operational capability is maintained at all times, so commanding officers have the ability to certify the need for their personnel to be exempt. The changes will ensure that the same protections are in place for those working under the new part-time arrangements.
The relevant legislation providing automatic excusal and discretionary deferral from jury service in England, Wales and Scotland refer to full-time serving members of Her Majesty’s naval, military or air forces. Service personnel temporarily serving under part-time working arrangements will not, therefore, be covered by the legislation in England, Wales and Scotland. Clause 2 will ensure that we maintain the current position for our people.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Clause 3
Short title, commencement and extent
I beg to move amendment 2, in clause 3, page 2, line 21, at end insert—
“(3A) Prior to making any regulations under subsection (3), the Secretary of State shall commission an independent evaluation into the impact of part-time and geographically restricted working on recruitment methods to the Armed Forces and shall lay the report of the evaluation before each House of Parliament.”
This amendment requires an evaluation of the impact part-time and geographically restricted working has on recruitment to the Armed Forces.
The amendment relates to recruitment methods and practices in the armed forces. It would require the Government to report on the impact of new working practices on recruitment and on how recruitment methods are changing to reflect that. I have already mentioned briefly the problem with recruitment into the armed forces. The numbers are simply not what they need to be, so we need to have a good look at current practices and how to improve the situation.
In 2012, Army recruitment was outsourced through the recruitment partnership project. The contract, said to be worth around £44 million over 10 years, is subject to renewal in 2022. Unfortunately, since 2012, the recruitment picture has not been pretty. When the Capita contract was awarded, regular soldier applications were around 70,000, but they fell to around 45,000 in 2012-13, which is roughly where they remain. A report by the right hon. Member for Rayleigh and Wickford (Mr Francois), who I think we would all acknowledge has outstanding knowledge of these matters, highlighted the poor performance, stating
“with the programme now having run for some five years it is evident that RPP has been underperforming significantly below initial projections.”
Research by my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), whose extremely hard work on this issue I must highlight, uncovered the poor rates of take-up at Army training courses across the country. Only 14 troops signed up for the standard common infantry course at Catterick in one of this year’s batches, despite 96 spaces being available, meaning 85% of the places were empty. Similarly, 30% of places were unfilled on courses starting between July 2015 and June 2017 at the Pirbright Army Training Centre, and a quarter of spaces were left unfilled at the Army Training Regiment at Winchester.
The Minister has spoken about these new working practices, which I support and which are designed to make the armed forces more attractive to individuals. I can clearly see that people already in the armed forces may well take some of these on board as their lives change—with changing family commitments, for example. Has the Ministry of Defence considered offering part-time posts as part of recruitment?
The main thrust of the amendment is toward those already in the armed services, but would it allow the Ministry of Defence or the three armed services to advertise a role as part-time? People might say that that goes against the ethos of what we want from the armed forces, but I could see a situation in which someone who has previously served in the armed forces wants to come back once their circumstances change—certainly, if we are to try to attract more women back into roles—and they may want a specific role in the armed forces that is not full time. Will the Bill allow that, and has the Minister considered advertising certain posts as part-time? He has already talked about pinch-point trades, and some of those that are geographically restricted in certain areas could offer part-time work as part of a recruitment exercise to fill some of those posts.
There has been helpful discussion on this clause, and I welcome the tone adopted by both hon. Gentlemen. We discussed the excellent report by my right hon. Friend the Member for Rayleigh and Wickford on the armed forces. It is called “Filling the Ranks”, and I recommend it to all right hon. and hon. Members. I am pleased that we have accepted all the recommendations. It is a sober consideration of the challenges that we face in our armed forces today, and part of the work that we are doing—including in this Bill—is about moving on from that.
We want to widen opportunities for those in the armed forces, and it could be that instead of working part time, somebody may wish to leave the armed forces all together. I remember from before I left regular service—I do not know whether others who have served felt this as well—that as soon as someone put their hand up and said that they were going to depart, they were given different types of jobs and treated slightly differently, simply because there was perhaps a question mark about their commitment that should not have been there. We now have a process of leave well and then rejoin well, because it could be that after a period in civilian life, someone might fancy going back again, and they need to be able to do that. People should not leave under any cloud, and the service should be welcoming so that somebody can come back in.
The importance of diversity was mentioned on Second Reading, and I agree. We want to recruit the very best from across the country—men and women from different ethnic backgrounds and geographical locations. There should be no inhibitors for anybody wishing to serve.
The contract with Capita was also raised, and there have been some issues and concerns about that. Again, we must advance and modernise to reflect the modern needs of our armed forces personnel.
The idea of the part-time post was raised. I will take that away with me as it is certainly worth considering. We must bear in mind that some of those posts already exist for reservists, and it will be for the services who are designing the arrangements to ensure that operational capability is not threatened in any way. It would, however, be silly not to consider any of the freedoms and opportunities that could be set up underneath that, and I welcome the input from the hon. Member for North Durham.
The amendment seeks to place an obligation on the Ministry of Defence to commission an independent report on the effects of new forms of flexible working on recruitment to the armed forces. The new flexible working measures are designed to attract, recruit and retain people from a more diverse cross-section of society. We stress that we need the knowledge, skills and experience to deliver that operational capability, and we believe that these measures will benefit a small but significant cohort who wish to take up this offer—for example, women and men starting a family, those with caring commitments, or those who wish to undertake long-term studies. However, evidence gathered by our external report, the internal surveys, the focus groups and our ongoing flexible duties trial shows we are providing our people with modern choices, which will help us retain highly skilled personnel who might otherwise leave—a concern that has already been expressed in this Committee.
This evidence already provides us with detailed assessment of the benefits of the new forms of flexible working. The MOD is experiencing many of the same skills and recruitment challenges that are being faced nationally, so to meet those challenges as proactively as possible, we are modernising the employment offer for our armed forces to better allow defence to attract and retain the right mix of people and skills. As I mentioned earlier, those are being managed collectively under our armed forces people programme, which comprises projects including the new joiner offer and the enterprise approach. The latter is about taking people with civilian skills—for example, working for Rolls-Royce or Babcock—and bringing them straight across to work in the defence environment.
The Committee will be aware that the intake in strength by rank, trade and specialisation is monitored and managed on a regular basis at both the service level and centrally by the MOD. The MOD already publishes detailed information analysis on intake in the “UK armed forces monthly service personnel statistics” publication—a long title. The overall numbers taking up the new opportunities are likely to be low, as I have mentioned before. This will mean that any detailed evaluation, external or otherwise, of the impact of the new flexible working measures on overall recruitment in the armed forces will be difficult to achieve in the early years of operation. Furthermore, evidence gathering already conducted by the armed forces of the benefits and impact that the new forms of flexible working will have on our people is of greater value than an evaluation from an independent contractor. The obligation proposed in the amendment will be unnecessarily costly, will delay the introduction of the new measures and their benefits for our people, and will add little value to what defence is already trying to achieve. With those assurances, I hope the hon. Member for Merthyr Tydfil and Rhymney will agree to withdraw this amendment.
I thank the Minister for his comments. While I do not intend to push this amendment to a vote, I ask the Minister to reflect on the need for further work to evaluate the investment being made in recruitment and the advertising process for recruitment to the armed forces, because it is not reflected in the current take-up. There is a need for further work and attention in that area. I ask the Minister to take those comments on board. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
I would like to get an understanding of how the housing of someone who works part time will be dealt with. Housing has always been seen as part of the overall remuneration package that armed forces personnel get. We will potentially have a situation where someone who works part time lives in a house next door to someone working full time, with both getting the same housing package. If someone goes part time, will there be a way to recoup some of the advantage, or will they continue as if they are working full time? I can see that creating some issues, where people working full time and people working part time are getting the same benefits. How will the Ministry of Defence address that? There could be an issue of perceived fairness for the individual working full time and the idea that someone is getting benefits that they are not working for. I would like to know how the Minister thinks that would be addressed when this is rolled out.
We have wandered into another huge chunk of the armed forces people programme. It is pertinent to the Bill, but it is so important that it sits alone as one of the four major pillars of improvement we are trying to make to recruit and retain armed forces personnel.
The future accommodation model has been mentioned. It will be coming round the corner very soon in more detail. It is still very much being planned, so I am not able to share too much detail, but it is helpful to hear the concerns, which we are very much alive to.
May I suggest that as the Minister is looking at those proposals, he bears it in mind that to move from where we are now to a regional model is of huge concern to the families?
I know that the hon. Lady has spent a lot of time looking at these issues, and I am grateful for her input. She has done well to finesse those concerns into the Bill. She knows that that is a separate but very important subject. I hear what she says.
CarillionAmey was mentioned. That concerned the previous Secretary of State, and the company was called in to ensure that improvements were made to meet the KPIs. The contract comes up for renewal in 2020. That does not stop us making sure we provide the best accommodation we can for our armed forces personnel. We should recognise that what people choose and expect today is very different from 15 or 20 years ago, when a room this size would have been full of 20 beds. Now people expect individual accommodation, wireless networks and decent cooking facilities, and that is what we are providing, not least as we build new premises and new accommodation, with the returning of our armed forces from Germany.
The hon. Member for Merthyr Tydfil and Rhymney seeks to place an obligation on the MOD to commission an independent report evaluating the impact of new forms of flexible working on armed forces housing contracts. The Government have already provided assurances during the passage of the Bill that regular service personnel, when taking part-time work, will retain those entitlements currently available to full-time regulars. There will be no change there. Providing our people with service accommodation is pivotal for their work. We must ensure that their families have that guarantee and that support, particularly if circumstances change and they need to be called back at short notice.
Regular service personnel who successfully apply to undertake the new forms of flexible working following the introduction of these measures will be entitled to service accommodation commensurate with their personnel status category and other qualifying criteria, in the same way as their full-time colleagues. Individuals will take up these new arrangements for a defined period only and will retain an enduring liability for mobility. They will still be subject to the same moves associated with new assignments as others in the regular armed forces.
It is common sense that no one will suddenly be turfed out of accommodation, but can the Minister not see that tensions might rise if someone working part time is living long term next door to someone working full time? He said “as long as that contract continues”, but what happens if the person is still part time and is redeployed somewhere else for new accommodation? Will they have the same access to housing or will that change in some way?
I understand where the question comes from; it is a detailed, specific point, but it needs to be considered. They will be treated in the same manner as anybody else in the unit that they are with if there is an ORBAT change or movement. It will also be down to the arrangements made when the application is put forward in the first place. If a unit is moving from one location to another, that needs to be factored into the decision. Someone might look over their shoulder and have a view about that, but that same person might request a period of absence or a change in their circumstances to move to part time at a later date. I hope the fuller explanation that we give to our armed forces personnel as these measures are rolled out will clarify that and ensure that there are not those feelings that the hon. Gentleman has mentioned.
Support for service families was a recurring theme on Second Reading. The Bill is at the heart of the work we are doing to support our people. I reaffirm that enhanced flexible working options are about providing opportunities for our people who want to work more flexibly and not about disadvantaging them or their families by limiting access to support and entitlements. I have said before that only a small yet significant number of personnel will undertake flexible working and that the longer-term impact of these new options will be difficult to assess in the early years of implementation. For those reasons, the impact on service accommodation contracts is likely to be minimal—I do not see a huge change there—and challenging to assess, particularly in the light of the fact that there are no plans for the entitlements to be altered, and an independent evaluation is therefore deemed unnecessary.
The Ministry of Defence recognises that the current system for accommodation can be unaffordable and inflexible, and that it does not support personnel to live in the way that many of them want to today. We are reforming the accommodation model so that all regular personnel can receive support to live how they want to. We recognise the need to offer accommodation that meets their needs and expectations today and in the future. The hon. Member for Merthyr Tydfil and Rhymney asked about the future accommodation model, which is due to be introduced in 2019 as part of the defence people programme. We are exploring options for a more flexible accommodation offer to give service personnel more choice in how they live.
May I suggest that the Minister delve into the bowels of the Ministry of Defence? There was a plan there in 2010 that is clearly gathering dust, but it addresses quite a lot of the issues that he has raised.
I shall certainly go back to the bowels of the MOD and see whether I can find anything that the hon. Gentleman has left behind.
Extensive work is being done to consider a wide range of options, from widening entitlement based on the current model of service-provided accommodation to helping service personnel to meet their aspirations for home ownership. We hope to be able to say more about that at the end of the year. Eligibility under the future accommodation model will not be altered for personnel who work part time or who are subject to geographical restriction when the new measures come into force. I hope that makes it clear to the Committee that there will be no change. I hope that hon. Members are reassured by what I have said and that the hon. Gentleman will withdraw the amendment.
I beg to move amendment 6, in clause 3, page 2, line 21, at end insert—
“(3A) Within one calendar year of making any regulations under subsection (3), the Secretary of State shall commission an independent evaluation into the impact of part-time and geographically restricted working on welfare of Armed Forces personnel.”
An amendment to require the Secretary of State to consider the welfare implications of part-time and geographically restricted working on Armed Forces personnel.
I will explain a little about the amendment. Ultimately, the Bill is to improve the welfare, satisfaction and work-life balance of those who are serving. Of course we want to modernise the services, consider working practices and, as a result, improve the recruitment and retention of personnel. The amendment would ensure that there was an evaluation of the process. Unless we evaluate the scheme, it will be impossible to know its efficacy and impact. The continuous attitude survey is already carried out, and we know that, at the moment, 35% of serving personnel report dissatisfaction with service life. It would be straightforward to widen the continuous attitude survey to include a section on flexible or part-time working, and have a specific evaluation for those who have undertaken that work.
Any new scheme needs evaluation. I am sure the Government have plans to monitor the success of the scheme, so I am not trying to be difficult, but it would be useful to know the details of the monitoring that will take place. Without evaluation, we cannot know the impact of what I believe to be a positive step for those now serving in the armed forces. I would welcome comments from the Minister on that point.
I understand what the hon. Lady is saying, but she wants to place a further burden on the Secretary of State to commission an independent evaluation of the impact of the new flexible working arrangements within 12 calendar months of the clause containing the powers to make the new terms of service regulations coming into force. I am not sure whether that is exactly the intention of what she wants to achieve. The regulations to implement the new flexible working arrangements may be made some months before they come into force, so she might be seeking to place a duty on the Secretary of State to commission an independent evaluation of the impact of the new flexible working arrangements within one year of the new terms of service regulations coming into force.
Either way, I assure the hon. Lady and the Committee that the policies and processes that will support the changes brought about by the Bill have been designed by the services for the services. We have done a great deal of work to ensure that the services develop policies that work for them and for their people. Any effects on allowances or promotion are intended to be proportionate and fair, and our policy has been developed to limit any of the negative impacts.
The physical and mental health of our people and their wider wellbeing contribute directly to our operational capability. I have stressed again and again that we must bear that in mind, but we recognise the welfare risks of some personnel having less income, for example, as a result of serving part time. We will strive to ensure that service personnel are independent and responsible in respect of their personal finances, and that will be one of the things that commanders discuss with applicants before making recommendations or seeing applications that are pushed through.
I hope that, given those assurances, the hon. Lady will withdraw her amendment, but I am happy to discuss it with her in more detail at a later date.
There is an issue. We need to know how successful flexible working is. Some 35% of serving personnel are dissatisfied; we need to know whether personnel accessing flexible working feel more satisfied with service life. If they do not, the Bill fails.
The hon. Lady makes the argument herself that if there is a sense of dissatisfaction, we have to ask ourselves why that is. We are trying to remedy that dissatisfaction; we are trying to make more people satisfied. That will be achieved through flexible working—through the Bill.
I think we are probably coming from the same point of view. It is difficult to know the impact if we do not monitor it. The impact of every change we make has to be monitored. However, given the Minister’s assurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
I just have a question. Clause 3(5) states:
“Section 1 and this section extend to—
(a) England and Wales, Scotland and Northern Ireland,
(b) the Isle of Man, and
(c) the British overseas territories, except Gibraltar.”
I wonder what the issue is with Gibraltar.
The hon. Gentleman poses an important question. There is a technical reason for this. It is simply because, as has come slightly mysteriously and miraculously to my attention, we have been liaising with the Gibraltarian Government about whether any provision of the Armed Forces Act 2006, with which he will be familiar, should be part of the new law of Gibraltar. They have undertaken to introduce their own legislation in the near future to effect this. I did know that, but a little piece of paper arrived to remind me of it. I am grateful for his question.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
New Clause 1
Protection of existing flexible working options
“(1) Nothing in this Act shall affect the ability of persons serving with a regular force to avail themselves of the flexible working options provided for in Chapter 1 of Joint Service Publication 750 (centrally determined terms of service).
(2) If the flexible working options in subsection (1) are withdrawn, the Secretary of State must make similar provision through regulations.
(3) Regulations under subsection (2) may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.”—(Gerald Jones.)
This new clause preserves current flexible working practices for the Armed Forces.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
The new clause relates to current flexible working practices in the armed forces. As the Minister knows, there are already ways for personnel to undertake flexible working. Although none of those options involves a reduction in overall hours, the former Defence Secretary, the right hon. Member for Sevenoaks (Sir Michael Fallon), pointed out on Second Reading that they are well subscribed:
“We know that these existing initiatives are popular: in the six months to July 2017, 1,400 personnel had taken advantage of them.”—[Official Report, 30 October 2017; Vol. 630, c. 624.]
The new clause would ensure that those popular options were retained and that the new options did not have unintended negative repercussions.
The three flexible working options available to service personnel, including home working, are outlined in Joint Service Publication 750. They involve an individual working the full number of hours associated with their role in a specific period, but having scope to vary their hours day to day. The guidance states that arrangements should be reviewed every 12 months, or earlier if circumstances change.
The current flexible working options are as follows. Variable start and finish times allow service personnel to start and finish their working day at different times from those considered the norm in their working environment, although the total number of hours worked will not be less than those considered normal for the role. That measure may cover part or the whole of an assignment.
Home working allows service personnel to carry out their work from home if that gives them greater flexibility in meeting their domestic needs and if the nature of the work allows it. Ad hoc home working is an informal agreement that gives personnel the opportunity to work at home occasionally to complete a particular task or project. Regular home working gives personnel a more regular home-working arrangement, so their working time is shared between home and the workplace. Compressed hours allows individuals to work the normal number of hours for their role over a shorter period to allow flexibility for travel or to meet other domestic demands during the week. For example, it allows an individual working away from home on a conventional Monday to Friday pattern to start late on a Monday, finish early on a Friday and work extended hours on the other days to facilitate travel.
The guidance cites
“a variety of personal responsibilities, such as for young children or for sick, disabled or elderly relatives”
as possible reasons for wanting flexible working, but I am slightly confused about the role that the new flexible working practices will play. Of course, it would be much easier to establish that if we knew what they will look like, but the Bill is very light on detail. The guidance for the new practices states:
“Service personnel will be able to apply to take up the new flexible working opportunities at any point in their career once they have completed their basic and professional training, plus an additional period prescribed by their Service. Therefore, we expect that it will be around four years before a new entrant will normally be permitted to undertake part-time working”.
There seems to be a conflation of part-time working with flexible working. The guidance refers to “new flexible working opportunities”, but then refers to part-time working. Perhaps the current practices will remain with the addition of a part-time element. Will the Minister clarify whether there will actually be any changes to the current flexible working practices? If so, will the new practices supersede the current? Will personnel have the option to continue with their current situation? If not, will they be expected to move over to the new practices as soon as they are introduced or will there be a grace period to allow families to adapt? It may be that the current flexible working options fit very well with a person’s lifestyle, but a part-time option and the pay reduction that comes with it might not work as well.
If the Minister can reassure us about how the new practices fit in with the current ones, I will gladly withdraw the new clause, but I would like some clarity on those points.
I am grateful for this probing new clause, which allows me to explain how JSP 750—I have a copy here, should anybody wish to read that heavy-duty but important document—fits in with this flexible working Bill.
It is worth pausing to consider people’s perception of the armed forces. People see the armed forces as mainly the infantry, but certainly the action-orientated, frontline services. That is what they see on television, but it is the very top part. Any action that the infanteer takes is a response to a huge series of decisions taken by other people. We collect data in the armed forces and our other agencies. That data is turned into information, that information is turned into intelligence, that intelligence is turned into wisdom and that wisdom is turned into action. There are an awful lot of personnel doing an awful lot of work behind those we see—the overt picture of our armed forces.
The manner in which those personnel work varies. There are many situations—the hon. Member for Merthyr Tydfil and Rhymney went through some of them—such as variable start and finish times, compressed hours, home working, different forms of unpaid leave and career breaks. That is all covered in JSP 750, and it is very pertinent to providing flexibility prior to the Bill’s coming into force.
The new flexibilities that the Bill will introduce are part of a series of steps that we are undertaking to modernise the conditions of the service that we offer to those who serve. Those considering a career in the armed forces will not be affected at all by what exists already; nothing will be replaced in that sense. The long-term aim is to improve overall recruitment and retention in our armed forces.
I beg to move, That the clause be read a Second time.
The new clause is about ensuring that armed forces personnel numbers and diversity statistics are as accurate as possible. It requires that both the personnel and diversity statistics include details of how many personnel are working part time. We believe that it is important to be open with Parliament and the public about the personnel statistics. Unfortunately, the Government have a poor record when it comes to the number of armed forces personnel, specifically the size of the Army.
Since 1 October 2016, Army personnel who have completed phase 1 training, which covers all new entry training to provide basic military skills, but have not completed phase 2, which includes initial individual specialisation and technical training following phase 1, are considered trained personnel. Prior to that, personnel were considered to be trained only when they had completed both phases.
The Government made a clear and specific promise in their 2015 manifesto that the Army would not fall below 82,000 under the old definition. Unfortunately, it seems that the change in the definition was a cynical attempt to keep that promise. The Government dropped the commitment for the 2017 election, and since then they have given increasingly vague answers to parliamentary questions about targets and minimum thresholds. That promise has not been kept. The latest figures show that the full-time trained strength of the Army is now just 77,680.
In the consultation on the change to the statistics, the Government said:
“The main purpose of these statistics is to measure the performance of the MOD against government and Parliament targets, and also to inform general debate in government, Parliament and the wider public.”
It is vital for accountability and informed debate that there is transparency around the personnel numbers. It would not be right to suggest that the Army or any of the services is at a greater strength than it actually is by failing to separate part-time and full-time personnel. Therefore, the personnel statistics must include specific detail on the number of personnel who are working part time.
The Government have made it clear that one of their hopes is that the Bill will encourage women not only to join the forces but, crucially, to stay in the forces. That is an excellent goal and one that we should pursue. When it comes to the diversity statistics, the reasons for wanting to include the number of personnel serving part time are twofold. As I mentioned, the Government have a record of trying to inflate personnel numbers. The 2015 strategic defence and security review includes a target to increase the number of women members of the armed forces. The aim was that by 2020, 15% of the regulars and reserves would be women, moving eventually to 20%. Figures from April 2017 show that just 11.4% of the regulars and reserves are women, but the new working practices apply only to regulars, of whom 10.2% are female. I look forward to the new diversity statistics that come out at the end of the month and hope that the numbers will have risen.
It is important that the number of female personnel is accurate, detailed and not overstated, so that we are not complacent about the work that is needed. If a significant reason for the legislation is to retain women, we need the diversity statistics to reflect how well that is working. The new Defence Secretary will name the new Chief of the Defence Staff soon. If we want to get to a situation where that could be a woman, we need to keep women in the services and promote them. There is a view that this was a missed opportunity to have a woman as the new Defence Secretary. She would have been the UK’s first female Defence Secretary, but who knows? Perhaps we will have one before long.
If we can establish how women are using the new working practices and how they affect their length of service and progression, we can establish the policy’s impact. To do that successfully, the more information we have, the better. The new clause does not try to undermine the Bill or its measures, but would be important in helping us to monitor how successfully the Bill’s aims are being met and in ensuring that the statistics are transparent. The new clause is a way of seeing whether we need to do more or explore other options. As was said on Second Reading, the Bill will not be a silver bullet for recruitment and retention issues in the armed forces, but we need a way to establish whether it is successful and, critically, how successful it is.
The Government’s fact sheet on the Bill acknowledges the issue, stating:
“The impact of these new arrangements will compete with the many other factors that influence recruitment and retention, and measurement of the effects of the changes will entail a mixture of metrics on the numbers and types of applications and the approval rates, alongside specific surveys to assess the impact. We are currently designing our strategy and methods for measuring this.”
Will the Minister give us an update on the progress of the monitoring systems?
I hope that the Minister will accept the new clause or give us assurances either that the personnel and diversity statistics will reflect the new working practices or that some kind of monitoring report will be publicly available, if that is already in his plans.
I am once again grateful for the manner in which the hon. Gentleman asked his important questions about transparency in the numbers. We are aware of the challenges on recruitment and retention, and we are here today to advance our offer to the general public to consider a career in the armed forces. However, the challenges we face do not currently affect our operational capability. We are involved in about 30 operations in about 80 countries across the world. We are very much meeting our commitments, but there are challenges, which is why we have introduced the Bill.
The hon. Gentleman mentioned some of our targets on diversity, as did several hon. Members on Second Reading, including the 20% target for women, which I hope we will meet. He is aware that we already publish detailed information and analysis of the UK armed forces in the monthly service personnel statistics publication—I have a copy of it here, should any hon. Member wish to look at it. It provides statistics on the number of service personnel by strength, intake and outflow in the UK armed forces. Detail is provided both for the full-time armed forces and the reserves.
The MOD promotes the importance of the armed forces being appropriately representative of the diverse society that they exist to defend, with operational effectiveness being dependent on inclusion and fairness. My Department publishes comprehensive data in the UK armed forces biannual diversity statistics, a statistical release that presents information relating to the gender, ethnicity, nationality, religion and age of personnel employed by the MOD. That meets our obligations under the public sector equality duty to provide information on our workforce in relation to the protected characteristics identified in the Equality Act 2010. In addition, the armed forces proactively release data on the number of personnel undertaking and returning from maternity and shared parental leave as part of that publication.
The recording requirements for any pattern of work in our armed forces are stipulated in policies and recorded on the joint personnel administration system. JPA is already used to process applications for existing flexible working options. We plan to enable all instances of part-time working or geographical restriction on the part of personnel to be recorded on JPA when the options are made available. As the hon. Member for Merthyr Tydfil and Rhymney implies, it will be crucial to ensure that all cases of flexible working are properly recorded and monitored to provide personnel and commanding officers with a record of all the discussions and agreements, so that they can understand the impact and success of the entire process.
The number of applications, however, is likely to be low in the early stages, so collating and reporting information on a monthly or biannual basis on the number of regular personnel undertaking new forms of flexible working would not provide significant or beneficial data. The longer-term effects of those measures should be a measure of the effectiveness of the new arrangements. We must also bear in mind our operational capability. I should add that any hon. Member may exercise the right to ask a written question—looking around the room, I can see that that is done regularly—to verify or confirm the statistics at any point.
With those assurances, I hope that the hon. Gentleman will consider withdrawing the new clause.
I thank the Minister for the information that he has provided and for his commitment to improving the diversity of our armed forces. I am aware of some information that provides some of the detail that I have talked about, but it is essential for us to be fully aware of diversity and personnel numbers. It is important to ensure that there is no confusion about the number of personnel as a result of part-time equivalents. I ask the Minister to reflect on that and to ensure that it is included in future. With those comments, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Question proposed, That the Chair do report the Bill to the House.
I rise to reflect that at the weekend, we all paused to show respect and reverence for all those in our armed forces who have fallen in the past. Up and down the country, there was a moment of silence to say thank you to those who have served. The country owes them a huge debt of gratitude.
I think we would all agree that our armed forces are the most professional in the world. They can only continue to be so if we recruit and keep the right people. That is why the Bill, in context, plays a wider and more important role in what Britain seeks to do on not only the national but the international stage, as we face the difficult challenges of the 21st century.
I am pleased with the attitude and commitment throughout the Committee. I join the hon. Member for Merthyr Tydfil and Rhymney in thanking you, Ms Dorries, for chairing the sitting, the Clerks for their work and my team for the few hours that we put in behind the scenes to ensure that everything went smoothly. I also thank hon. Members—everyone in the Committee is very committed to our armed forces—and the Whips, who keep us all on the straight and narrow.
I look forward to reconvening on Report and Third Reading, when we can look further into the detail. I am glad of that, because the Bill is an important part of the jigsaw of improving recruitment and retention in our professional and brave armed forces.
Question put and agreed to.
Bill accordingly to be reported, without amendment.
(6 years, 6 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Armed Forces (Flexible Working) Act 2018 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
As I said in Committee, I broadly welcome the proposals. At the top of the armed forces and obviously at ministerial level, there is a recognition that society is changing and that if we are not only to attract people to the armed forces but to retain them, we need flexibility in the way in which they are employed.
The new clause moved by my hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones) is very clear, and I cannot understand what the objection to it could be. We need to ensure that one of the main aims of flexible working is to attract more women into our armed forces, but without being able to monitor that through the Department producing reports, I am not sure how we can gauge whether it is a success. The Minister may say that we could rely on tabling parliamentary questions, but I have to say that the quality of the answers from the Department recently has not been great, and it takes two or three attempts to elicit any answers. I do not see anything wrong with how the new clause is structured. It is a matter of making sure that we monitor what is going on.
The same applies to the new clause tabled by the hon. Member for Glasgow North West (Carol Monaghan). The other side of this issue is about knowing why part-time or flexible working is refused. In other workplaces, people refused this type of thing have a course of redress. It is important to be able not only to see whether flexible working proposals are being used, but the reasons why they are not being implemented, which could lead to a lot of dissatisfaction. It will be important to have some oversight to ensure that we know if, for example, people leave because at a certain level in the Army or other armed service they decide that they do not like it.
On the broader issue of armed forces recruitment, my hon. Friend the Member for Chesterfield (Toby Perkins) raised some interesting points. We are failing on recruitment, and the MOD is now reverting to the usual answer, which is to say, “The reason why we are not attracting people is the economic upturn and we are in a very competitive environment.” That is an old chestnut, and I think I even used it on some occasions when I was a Minister. I am sorry, but that is not the reason. The fundamental issue is that the privatisation model used for recruitment has failed and, as was mentioned earlier, it has also broken the link to local areas.
My hon. Friend the Member for Stoke-on-Trent North (Ruth Smeeth) raised the important point that flexible working is part of a bigger package, which is not only about career opportunities for individuals, but about accommodation. In Committee and when we debated the Bill previously, the Minister talked about the future accommodation model. I must say that he is going to have to get on with it, because anyone who reads today’s National Audit Office report on Annington Homes will find that it does not make for very pretty reading. This was one of the worst decisions ever taken by—I have to say—a Conservative Government in 1996, and the legacy it leaves for not just this Government but future Governments is quite frightening.
Ministers think that the future accommodation model is the way out, and I hope it is, but it will have to be done creatively. To look at one statistic alone in the report, if the discount the MOD currently gets is reduced from 58% to 38% when it comes up for renegotiation in 2021, that will cost the MOD and the taxpayer an additional £84 million from a budget that is already very restricted. There will have to be some very creative thinking about how to extract the Government from that contract, but it should not be done at the expense of servicemen and women who rely on accommodation as part of their package. As I said in Committee and the last time we discussed this in the House, I am not opposed to a new accommodation model, but there are two issues: one is that it will take time to introduce; and the other is that it will cost money.
I do not know whether the issue of accommodation will be a priority in the current MOD review, but I ask Ministers to consider it an important part. As my hon. Friend the Member for Stoke-on-Trent North rightly said, we concentrate a lot on equipment and it is quite right that we should have the equipment that people need. However, we can have all the equipment in the world, but if we do not have skilled, highly trained personnel behind the equipment—if we do not retain people and keep them, and more importantly their families, happy—we are not going to be successful.
To finish, I would urge that personnel are seen as an important integral part of our defence effort, and nothing should detract from that. The Government have created their own mess with the budget for it. I wish them and the Defence Secretary well in trying to sort this out and in pleading for more money from the Treasury. The current Chancellor was the Defence Secretary when some of these decisions—chickens that are now coming home to roost—were taken. At the end of the day, these are the people we rely on to keep us safe, and the men and women of our armed forces and their families are the ones we should always bear in mind.
It is a pleasure to be in the Chamber for the Report stage of the Armed Forces (Flexible Working) Bill and to see again right hon. and hon. Friends and colleagues who have been on this journey from the very beginning. I have listened carefully to those speaking in support of new clauses 1 and 2 and amendment 1, which I will come on to specifically in a moment. Lots of views have been put forward that are technically beyond the scope of a Report stage, but that does not prevent hon. Members from raising such points, which are all valid. It reflects the House’s commitment to understanding and indeed scrutinising defence matters as a whole, as well as matters being considered on Report.
There has been much talk about recruitment on a geographical basis and understanding the numbers. I am pleased to be joined on the Front Bench by my right hon. Friend the Minister for the Armed Forces, who is responsible for this issue and is looking at it very carefully indeed. I say this as a former infanteer. The history of our armed forces—indeed, the Army—across Britain varies depending on whether the unit in question is a corps, a service, or indeed an infantry regiment. There are some huge and wonderful geographical connections, including with my own regiment, the Royal Green Jackets, going back to the Rifles and the Ox and Bucks regiment and so forth. Then there is the RAF and the Royal Navy, which recruit nationally.
I apologise that I was not here at the crack of the Minister’s speech. As he and other hon. Members will know, the cadet force plays a significant cross-community role in Northern Ireland, in both the nationalist and the Unionist communities, and the force has grown. I am proud to be the spokesperson for the cadet forces in Northern Ireland in this House, and I would reiterate what he has said. What happens in Northern Ireland helps us to move forward as a country.
My hon. Friend, if I may call him that, makes an important point. I had the opportunity to visit Belfast recently for Remembrance Day, which was very moving indeed, and I know that the Minister for the Armed Forces is to visit Belfast shortly.
Let me turn to the group of new clauses and amendments we are debating. I welcome the opportunity to speak again about whether there is benefit to imposing a statutory requirement to evaluate and report on the impact of the new flexible options on the armed forces. The size and strength of our armed forces is of course important. It has been a recurring theme in recent debates, most recently in Westminster Hall. I congratulate my hon. Friend the Member for Aldershot (Leo Docherty) on securing that important debate, and I pay tribute to all who contributed. The Minister for the Armed Forces said in that debate that we must do everything we can to persuade our young people that the armed forces remain a great place to work.
Recruitment remains a challenge for the armed forces, as has been reiterated today. We face strong competition from other employers. We acknowledge that, but we also acknowledge that we can do more to encourage our people to stay, so that we do not lose their valuable skills and experience. That is why we are responding with a range of short and long-term initiatives to ensure that the offer of a career in the armed forces remains competitive. This Bill will help by enabling us to make the changes necessary to enable our armed forces to work flexibly, reflecting the realities of modern life.
The amendments and new clauses in this group revisit the theme of placing various obligations on the Ministry of Defence to publish reports on the effects of flexible working measures on the armed forces. These measures involve a major change of approach to the terms under which some of our brave armed forces serve this country and are an important part of how we modernise our armed forces. The changes are as important as some of the other modernising steps taken in recent years, such as our change in policy on homosexuality, introduced in 2000, and our decision in 2016 to allow women to serve in close combat roles. The measures we are considering are another positive step in the right direction and are aimed at making serving in the armed forces a more attractive proposition, both for those who already serve and those considering serving.
What we propose in this Bill lies at the heart of our armed forces covenant. For that reason, Earl Howe committed during the Bill’s passage through the other place to report on the impact of the new measures in future armed forces covenant annual reports. I commend this to hon. Members as an appropriate place for reporting on the impact of the new measures. Indeed, the latest report, published in late December 2017, trailed the introduction of the measures in this Bill. In debates and in the information we have published, we have been clear that the introduction of these measures is not a silver bullet that will instantly resolve the recruitment and retention challenge that we face—and that the hon. Gentleman who is about to intervene has raised.
The publication of that information is obviously a welcome step. The Minister says that the report will talk about progress, but will it produce the statistics or, more importantly, the numbers declined and the reasons for that, as would be required under new clause 2? If the good intentions behind this Bill are not followed through, we could have people declined flexible working, which could lead to more disenchantment rather than success.
If I may, I will come to how we recognise and acknowledge the impact of the Bill, which I think will answer the hon. Gentleman’s question.
We believe that these measures, along with a range of others that the Department is introducing, will impact on recruitment and retention, not immediately but in the longer term. We should also be clear that we are competing with other, wider societal factors that are affecting our ability to recruit and retain, such as record youth employment and a smaller number of 16 to 24-year-olds entering the workforce over the next few years. This is an ongoing journey of change, which will be undertaken at a steady rather than a high-speed pace, against a background of continuing societal change. However, we fully recognise the importance of maintaining effective metrics following the introduction of these measures, to enable us to judge how well they are working and whether we need to make other changes.
The Minister is rightly dwelling on how these measures could help with recruitment in other areas, but this is also about looking at capabilities, particularly in cyber. The Bill provides a different opportunity for people to serve and bring skills into the armed forces that we may need in the new online space.
My hon. Friend makes an important point, which I will perhaps touch on in more detail on Third Reading, when we come to it. It is important to recognise that the conduct of wars is changing. The type of people we need to recruit is also changing, and he gives an excellent example of the need for us to improve our cyber-capability. A great example of that is not necessarily to train in-house, but to recognise that there are high-end skills in the civilian sector that we can introduce through greater use of reservists.
Let me ask a clear question: what is the resistance to producing these statistics? The Minister talks about a matrix, whatever that means in civil service-speak, but this is a pretty straightforward question.
It is a straightforward question, and I did tell the hon. Gentleman that I would get to it shortly. I then gave way to another Member and he asked me the same question again. If I can make a little progress, before he asks me a third time, I am sure we will get to where we want to be.
We absolutely recognise the importance of keeping the effect of these changes under continuous review, in terms of the benefits to our personnel and the impact on recruitment, retention and diversity. I remind hon. Members that the overall number of personnel taking up the new opportunities will initially be small and that flexible working is but one of several initiatives aimed at improving recruitment and retention in the longer term. It would therefore be extremely difficult to isolate the impact on recruitment and retention that is due solely to the Bill. Introducing a system of measurement would be difficult and would delay what we are trying to achieve.
That is complete and utter nonsense. I accept that the numbers might be smaller as the system gets going, but surely there must be a way of logging this. I do not know why the Ministry is so opposed to producing these statistics. Clearly, in the early days, it could say that the system was bedding in. The Minister is going to get freedom of information requests and parliamentary questions about this, so he might as well produce the information.
I fear that unless I say something to win the hon. Gentleman over, we might go around this merry-go-round many times. I will certainly look at this, but in Australia and other countries that have successfully gone down this road, the initial take-up has been so small that introducing a measurement system would delay the initiative’s introduction, and the numbers will be so small that it would be difficult to determine whether the effect is the result of the initiative or others that are being introduced. To discourage him from intervening again in two minutes, let me say that I will be more than happy to look at this and discuss it with him in the future.
The Ministry of Defence meets its obligations under the public sector equality duty to provide information on the workforce in relation to the protected characteristics identified by the Equality Act 2010, through the disclosure of information relating to the gender, ethnicity, nationality, religion and age of personnel. Our new UK armed forces quarterly service personnel statistics will, like the monthly publications they replace, provide detailed information and analysis on the number of service personnel by strength, intake and outflow, and detail is provided for both the full-time armed forces and the reserves. The number of people who take up the new arrangements will be significant to us, because obviously they are the people we want to retain, but it will be modest at first— somewhere between 0.5% and 1% of the armed forces. We therefore judge that collating and reporting information on a cohort of such a size would not provide significant or beneficial data, particularly in the early stages.
Before the hon. Gentleman intervenes again, let me say that as the system grows and develops, I will certainly consider whether introducing such a thing would be worthwhile.
The principal long-term aim of the Bill is that we attract, recruit and retain people from a more diverse cross-section of society with the knowledge, skills and experience that we need to deliver operational capability. Let me be clear that we will not see results overnight. We are proposing good, positive steps in the right direction, but this is one of several proactive initiatives that we are introducing as part of an ongoing journey of change. We need to modernise our armed forces if we are to attract and retain the right mix of people and skills, which is why we are introducing these measures alongside others, collectively managed under the armed forces people programme. That programme includes the future accommodation model, which has been touched on, and the enterprise approach.
The MOD has been transparent about the challenging recruitment and retention climate in which we are operating. British society is changing and, if we are to compete in the jobs market, so must defence. Shortages in our traditional recruiting grounds and record youth employment mean that we must modernise and make our offer more attractive to those who are already serving and those we want to recruit. These measures will benefit a small but significant cohort, such as women and men starting a family, those with caring commitments and those who wish to undertake long-term studies. We have a good body of evidence on the demand for such ways of working that has been derived from external reports, internal surveys and focus groups. Our ongoing flexible duties trial shows that providing our people with modern choices will help us to retain highly skilled personnel who might otherwise leave.
I should reassure hon. Members that intake and strength by rank, trade and specialisation are regularly monitored and managed at service level and centrally by the MOD. Commissioning an external body to evaluate the early impact of the flexible working measures would serve only to delay their introduction in 2019.
I remember the Minister bringing the Second Reading debate to a conclusion 40 minutes early. I just want to touch on what he said about looking at evidence. The 2015 peer review body highlighted in its evidence that people sometimes join the forces to get skills before moving on to better-paid jobs elsewhere. One of the ways around that would be to give them a decent pay rise. Will he commit to that?
If the hon. Gentleman had been here at the start of the debate, he would have heard me say that a pay rise is being considered by the Armed Forces Pay Review Body. The 1% pay freeze has been lifted, which is good news, and we look forward to the recommendations that will be made in March.
The MOD already gathers evidence on the impact that new forms of flexible working will have on our people. We think that that will provide more value than any evaluation from an independent contractor. We do not need to introduce more evaluation, further levels of statistics or additional reporting. It remains our view that imposing new statutory obligations would be unnecessarily costly, delay the introduction of the new measures and benefits for our people, and add little value to what we are trying to achieve. As I have said, we recognise the importance of keeping the effects of these changes under continuous review, in terms of the benefits to personnel and the impact on recruitment and retention.
If the hon. Gentleman asks the parliamentary question or makes the FOI request, I will respond.
I said earlier that the introduction of the new flexible working opportunities falls firmly within the scope of the armed forces covenant, which I think the whole House can be proud of. I assure the House that we will monitor the introduction of the new measures during the first year of implementation from 2019, and report on the impact in future armed forces covenant reports. Given the reassurances that I have offered, I hope that the hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones) will withdraw new clause 1.
I thank the Minister for his response. We tabled the new clause largely for probing reasons. If he will not accept it, I hope that he will reflect on our debate and that the Government will publish the information available. I do not think that arguments about cost and delay stand up when the evidence is already there and no additional work would be required. However, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Third Reading
I beg to move, That the Bill be now read the Third Time.
As the Secretary of State and the Prime Minister have said, we have the best armed forces in the world, as I believe is illustrated by their standards, commitment, training and actions. We need only look at what they have achieved in defeating Daesh in Syria and Iraq, at the training they are providing with troop-contributing nations in Somalia and at the humanitarian support they provided in the Caribbean last summer. They help to define our international reputation and how we are seen across the world. That crucial hard power sits behind the soft power that we utilise so well, so we equip our armed forces well and train them well, but their professionalism comes from our ability to recruit and retain the best.
The work of our armed forces in defending our shores and interests, and in working with our allies, is all the more important to provide capable, visible and enduring hard power, given the more dangerous chapter that the world is experiencing, as is illustrated by various threats to the international rules-based order that we helped to create after the second world war. As I said on Report, the conduct of war has changed as technology and tactics have advanced. We ask different things of our armed forces—our soldiers, sailors and air personnel—than we did even just a decade ago.
The Bill completes its passage through Parliament much as it started its journey last year. That is testimony to the wide support given to the new flexible working arrangements here and the other place, where the Government agreed that any regulations made under the new provisions that the Bill will insert into the Armed Forces Act 2006 will be subject to the affirmative procedure. It shows, too, the willingness to ensure that we all do what is right for our armed forces.
I am very grateful for the positive engagement and support from hon. Members on both sides of the House. I thank the Public Bill Committee for its excellent work in thoroughly examining the Bill and how it will support our armed forces. I also thank its Chair, my hon. Friend the Member for Mid Bedfordshire (Ms Dorries), for keeping all members of the Committee in good order.
I particularly thank the hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones) for his involvement in Committee and his careful probing of the Bill. Of course, I thank the hon. Member for North Durham (Mr Jones), who has a long history of involvement—as well as interventions—for his positive contributions at the Bill’s various stages. I also thank the hon. Member for Glasgow North West (Carol Monaghan) for her interest in and concern about the Bill.
We all recognise the challenges that we face in recruiting and retaining our people. The Bill is a small but important step towards improving opportunities for our armed forces. I make it clear, as I said on Report, that it will not lead to sweeping changes, but it is the right thing to do. It will help to modernise our approach and make us more competitive in the jobs market. We believe that the Bill will help in the long term, and improve recruitment and retention.
While the new measures will be made available to all regular service personnel, we believe that they will be particularly attractive to women and those with caring responsibilities. We hope that the Bill will make a difference by providing our people with an alternative to having to choose to leave the service that they love. It will make a difference to our success in helping to keep the skills, knowledge and experience that we need in defence.
We have made it clear throughout the Bill’s passage that operational capability is our red line and that this is not about creating a part-time armed forces or, indeed, saving money. The vast majority of our people will remain in full-time regular service. The Bill has the support of the service chiefs and, more importantly, of the services and the families federations. We are immensely proud of the achievements of our armed forces. They work hard for us and we owe them and their families a great deal. This flexible working Bill will provide our servicemen and women with an opportunity for some respite from their full-time commitment when they need it most. The Bill is for them.
I will end on a personal note by saying what impact I think the Bill will have on our armed forces. In the history of our armed forces, seismic moments have changed things for good or bad, and for ill or positive. They have changed the conduct of war. Going back to Agincourt, for example, the introduction of the longbow changed how war moved forward, as did the introduction of the tank at the battle of Cambrai. The introduction of the first aircraft carrier—HMS Hermes—in 1919 was another critical moment for our armed forces. However, with less fanfare, I believe that this Bill, which I hope will gain Royal Assent, will make its mark by changing the way in which our armed forces are perceived and our ability to retain important people in them. It sits next to two other major changes—they will not be as big as those procurement changes that I mentioned—with the opening up of all roles to women in our armed forces and the change on rules regarding homosexuality.
In closing, I thank General Richard Nugee, the Chief of Defence People, and his team for their work on putting the concept forward and seeing it all the way through to the end stages. I also thank the Minister for the Armed Forces, who, in the role that I have today, pioneered this approach. It has been a real honour to take the Bill from Second Reading through to today, and I hope that it will have the House’s support.
I rise briefly to support the Bill and to congratulate my right hon. and hon. Friends on its successful passage, which I hope the House will support in a few minutes’ time.
As my right hon. Friend the Minister said, this is a modest Bill, but sometimes the smaller steps are the most important. Like him, I too believe that in time the Bill—soon an Act, I hope—will be seen to have had quite radical consequences. Of course, as he said, it is part of a series of wider reforms, but it is an important part. Seven years ago, only 8% of our serving personnel were women, for example. That is not right for our country, but it also was not right for our armed forces, which were missing out on all the talent and expertise that might otherwise have been available to them. That is why we set a new target of 15% female participation among each new intake by 2020, and we are now, I understand, well on the way to meeting that target. The Bill will help. It will show anybody—male or female—considering a career in the armed forces that they are now modern employers able to recognise people’s changing expectations over the lifetime of their careers. It will enable employees, for the first time, to apply to work for the days and hours that suit them best.
I make three final comments on the Bill. First, we will have to do more to attract women leavers back into the armed forces. We will have to find ways of working harder at not missing out on the experience they had and which they might have had to give up, perhaps to start a family or move elsewhere with their spouse. I believe—my right hon. Friend might want to respond to this—that we will have to look at how women coming back into the armed forces can quickly recover the rank and entitlements they would otherwise have achieved.
It was remiss of me not to acknowledge the work of the former Secretary of State in this area and in pioneering the Bill. He has long been passionate about this subject, as is reflected in his speech today. Does he agree that the line pursued during his time of allowing those who leave the armed forces well to rejoin well after perhaps a spell in civilian life is worth pursuing?
It is definitely worth pursuing, but we need then to focus particularly on women who have left the armed forces and look at further ways of encouraging them to rejoin at a later stage of their lives or careers.
Secondly, women and recruits from the black and ethnic minorities still need more role models: it is not just about seeing other women or other members of the black and Asian communities alongside them; it is about seeing more senior officers who have built successful careers who they can look up to. We need to see more women and ethnic minority candidates reaching three-star and—one day, I hope, in the fullness of time—even four-star rank. If we are to attract more people from outside to areas where we are short, we have to show them that they can not only have worthwhile careers but get to the very top.
Finally, of course, that applies to the Government themselves, as was pointed out a little earlier, I think. I, too, regret that after the recent reshuffle—I will not comment on how successful or not that reshuffle was—there is now no female Defence Minister. As the matter has been raised, the House might wish to know that when the Prime Minister formed her first Administration, back in June 2016, and was moving my right hon. Friend the Member for Portsmouth North (Penny Mordaunt), I made it very clear that we needed at least one woman Minister on the team, and I was delighted that my hon. Friend the Member for West Worcestershire (Harriett Baldwin) was appointed a Defence Minister. I congratulate her, of course, on her promotion to the Foreign and Commonwealth Office, but that does leave a gap, and it is a mistake—if I may put it as boldly as that to the Treasury Bench—to have five Defence Ministers and for them all to be male. If we are to get more women and—in the fullness of time—more people from the ethnic minorities to join up, we have to show that this kind of change is embedded from the top.
That said, I support the Bill, and I congratulate my hon. Friends on getting it through.
I welcome the Bill. I was trying to work out how many armed forces Bills I had dealt with over the past 16 years, either as a Minister or as a Back Bencher. [Interruption.] As the Minister says, I am a veteran.
This, I think, is one of the simplest Bills I have encountered, but, as the Minister has said, it is important. It is intended to ensure that working practices in our armed forces are modern, but also attractive to those who are thinking of joining. The Minister may think me pedantic in wanting to know how its implementation will be monitored. However, I think we need to ensure not only that the armed forces are offered these opportunities, but that the information is cascaded down the chain of command, so that people are aware that they can ask for flexible working arrangements, and those who are in a position to make the decisions recognise that they can use them.
Training will be needed, and, in some cases, attitudes must change. I have no problem with the senior levels of the armed forces, who have, I think, bought into this, but the Bill must have an effect in practice, throughout the chain of command. That is why I think it important for us to monitor the number of people who take up these opportunities, and also when and why they are refused. Is there a good reason for that? I know that civil servants have convinced the Minister that such monitoring would be an onerous task, but I do not accept that for one minute. As the system beds in, the information will obviously need to be produced internally in the Department, for monitoring purposes, and I find it difficult to understand why it cannot subsequently be published. I think that in future, as a result of freedom of information requests or parliamentary questions, the Minister, or his successor, will have to publish it anyway. I also think that it would be positive to project the fact that the forces are introducing flexible working by giving examples.
I am grateful to the hon. Gentleman for giving way. This is the first of five interventions that I intend to make.
The hon. Gentleman has raised an important point about the need to trickle information down to commander level to ensure that people are aware of the opportunities. That will be incentivised and supported by local commanders, but there will be a higher approvals authority. It is all based on operational capability, which we must not lose sight of. I hope that that clarifies the way in which the system will work.
I accept that. I do not question for one minute what the armed forces will do in trying to ensure that the information is instilled in the chain of command, but this is a new way of working for them. I am not criticising them, because it is inevitable that when such a change is introduced in any company or other organisation, some people will not get it, and some will positively resist it. Some people will see it as a radical change. I think we should ensure that those who ask for flexible working are given good reasons why, in some cases, it cannot be implemented. I accept that there will be operational reasons.
I could not resist intervening on the hon. Gentleman. To suggest that Ministers are not making the case, along with Back Benchers on both sides, for funding for the armed forces in the defence budget is to misunderstand and indeed to be asleep in the debate that has been taking place over the past couple of months. He is also completely ignoring the banding and the progressive pay scales that are in place. It is absolutely right to have a debate about pay, but he must recognise that the banding does not mean that there is a pay freeze. He is missing out a chunk of understanding about armed forces pay.
I almost do not know where to begin with that. As I have mentioned, there was a debate in this House specifically on armed forces pay, and I am well aware of the banding that is in place, but the Minister has the power to offer a pay rise. He does not need to wait for a recommendation or to take the recommendation from the pay review body. It is after all only a recommendation. I know that he fights his hardest for cash for his Department and for the armed forces—I read about it in The Times newspaper on a daily basis—but let us be honest: the defence review has been kicked into the later part of the year, the Government have apparently removed its fiscally neutral element, and from what I can see, three of the four announcements made by the Secretary of State on Thursday are going to amount to more cuts in capability elsewhere. I do not doubt that he and other Ministers do their best to take on what the right hon. Member for Rayleigh and Wickford (Mr Francois) described as
“the pinstripe warriors at the Treasury”.—[Official Report, 24 January 2018; Vol. 635, c. 128WH.]
However, it is about time that we started to see some of the fruits of their labours and of those who sit behind them on the Back Benches.