The Secretary of State for Defence (John Healey)
I beg to move,
That this House has considered Lord Etherton’s independent review into the treatment of LGBT veterans.
In July last year, Lord Etherton’s report on LGBT veterans shone a much needed light on a dark period in Britain’s military history: an era between 1967 and 2000 when LGBT people were banned from serving in our armed forces; an era when homophobic bullying, harassment and abuse were widespread; an era when LGBT personnel were demoted, dismissed, or driven out of the forces because of their sexuality. The testimony of those who gave evidence to Lord Etherton’s review and who have courageously campaigned for justice are truly harrowing. The very values of a tolerant western democracy that we expected those forces personnel to defend were denied to them. It was profoundly wrong. I have been determined as Defence Secretary that we will continue the work of the previous Government to deal with the injustices suffered by so many LGBT personnel.
I am grateful to Lord Etherton for his work and for his report. I am grateful also for the support of Fighting With Pride and the coalition of more than 20 charities that back its work. I am grateful to them for providing the Government with invaluable guidance and advice on a range of restorative actions, some of which I am able to announce today. I am also grateful for the very small team of officials who have worked from the outset within the MOD on this area. I am grateful, too, for how Members from all parts of the House have come together to recognise the injustice and to support the actions that first the previous Government and now this one are willing to take.
This is unfinished business for Labour. We lifted the ban in 2000. We argued for the Etherton review in the Armed Forces Bill in 2001. We welcomed the Etherton review’s recommendations and publication. In opposition, we called on the previous Government to deliver on the previous Defence Secretary’s pledge for a debate in this House to, as he said,
“make sure that the House properly debates the report and the Government’s response to it”.—[Official Report, 19 July 2023; Vol. 736, c. 921.]
Today, this Government delivers on that commitment, and it is an honour for me as Defence Secretary to open the debate.
In doing so, I will update the House on the actions we are taking as a new Government to right the historic wrongs to LGBT veterans. First, among the remaining recommendations made by Etherton, I can announce today that we are establishing a financial recognition scheme. When that scheme goes live tomorrow, it will mean that almost all of the 49 recommendations made by Lord Etherton will have been delivered. Recommendations 28 and 29 in his report specifically refer to financial award —a tangible payment—to reflect Government accountability and our determination to recognise these historic failings.
I am pleased to announce today that we are launching an LGBT financial recognition scheme, with a total budget of £75 million. That is 50% higher than the level recommended in the Etherton review and the cap set by the last Government. This financial recognition scheme will open tomorrow, one year to the day since the previous Government responded to Lord Etherton’s report.
The scheme provides two types of payment to recognise the discrimination and detriment suffered by LGBT personnel under the ban. The first is for those who were dismissed or discharged. It will be available to veterans who were dismissed or administratively discharged, including officers instructed to resign because of their actual or perceived sexual orientation or their gender identity under the ban. The payment will be at a flat rate of £50,000. The second is for those who were impacted in other ways. This LGBT impact payment is open to all those who experienced pain and suffering under the ban, including harassment, intrusive investigations and in some cases imprisonment. The impact payment will be assessed by an independent panel, with tariffs ranging between £1,000 and £20,000 to make the awards fair and proportionate to each individual. The two payments will run concurrently as part of a single financial recognition scheme. We have also set aside funding from the MOD to support those charities that can advise applicants on the schemes.
As a result of the additional funding we have allocated, payments can reach up to a maximum of £70,000 for those who were most impacted and most hurt and who qualify for both awards. The scheme will remain open for two years, and applications for payments from the scheme from terminally ill veterans will be prioritised. All payments, from both schemes, will be exempt from income tax and will not affect benefits that applicants may receive. The scheme will open tomorrow morning, and fuller details will be online at that point. I hope that our decision to listen to the views expressed on the last Government’s plans, to uplift the value of this scheme and to deliver it within one year of the recommendations being accepted demonstrate our profound regret and our determination to do right by our LGBT personnel.
Today, I can make three additional important restorative announcements. First, those who were administratively discharged based on their actual or perceived sexual orientation will be able to apply to get their records set straight. As a result, the ban will be shown as the reason for their discharge, finally removing any blame or dishonour on their record for those who have served. Secondly, we will restore the ranks of veterans who had them reduced as a result of the ban, ensuring that they regain the rank they rightfully earned in service. Thirdly, while not within the scope of Lord Etherton’s review, which covered the ban between 1967 and 2000, we also want to acknowledge any LGBT veterans who served before 1967 and who may have suffered under the ban. We are taking further action to recognise their service and contribution. As a result, these veterans can now apply to have their administrative discharges qualified, their rank restored if it had been reduced, and their certificates of service reissued. Former officers may also apply to have their service details published in the Gazette as part of the official record.
Working on these restorative measures and meeting affected veterans have not been easy, but they have shown me how much progress our modern armed forces are making. There has been a change in culture and a change in prevailing attitudes, and Britain’s military today is more inclusive and more tolerant than in the past. Each of the services has held presentation ceremonies to welcome LGBT veterans back into the family, where they have always belonged. While there has been change, and there has been progress, there is no place for prejudice in the modern armed forces. We still have more to do to reinforce zero tolerance of any discrimination or abuse anywhere in defence.
Emily Thornberry (Islington South and Finsbury) (Lab)
I have a constituent who was not a member of the armed forces, but a member of the secret service. He lost his job in the 1980s because he was gay. There is no compensation for him at the moment. I suspect it may not be the responsibility of my right hon. Friend, but does he not agree that there should be parity of treatment across the forces? We rely on our secret service as much as we do our armed forces. Surely what is fair for them should be fair for those who have given their time and risked their lives in the service of our country.
John Healey
My right hon. Friend makes the powerful point that this discrimination, harassment and abuse—systematic in some cases—is not and was not confined in the past to the military. That concern has been raised by civilians at times within the wider defence field. I and Ministers in this team are as concerned about it there as in the military, but I think she will appreciate that we ask those who put on a uniform for our country to take on a special role, to step forward and to be willing to give their lives to defend the rest of us. When those basic values that they fight for and that our country stands for are denied to them as part of their service, that is a deep injustice, and Lord Etherton’s report gives us the basis for recognition and restoration. That is the focus of my concern in this debate.
In September, the Minister for Veterans and People, my hon. Friend the Member for Birmingham Selly Oak (Al Carns) and I were proud to present the first Etherton ribbons to veterans, as a way of acknowledging the mistreatment of those affected by the ban.The Government are delivering for defence and delivering for LGBT veterans.
Clive Efford (Eltham and Chislehurst) (Lab)
I am intervening on my right hon. Friend because I have to chair Westminster Hall in an hour, so I cannot take part in the debate.
My constituent not only lost his career in the Royal Air Force but was subjected to abuse when he was arrested, including constant internal examinations. He was beaten, he was kicked and he was spat at. He was marched across the parade ground to his billet, where his personal belongings were gone through. He was humiliated. Was that sanctioned by the Ministry of Defence at the time? Was it sanctioned by senior officers, or were those individuals working on their own? They acted like sadistic animals towards my constituent. Something needs to be done to investigate that.
John Healey
My hon. Friend has been one of the most consistent and forceful voices on this historic abuse and demands for the Government now to provide some justice. He has raised that case in this House before. I do not know whether his constituent gave evidence to the Etherton review. If he did, he would have been one of over 1,100 individual LGBT veterans who served and had stories to report to Etherton, often of the sort of abuse that my hon. Friend talked about. It was based on that experience that Etherton made his recommendations. It was based on those recommendations that we make these announcements today. It is from tomorrow that we will open the scheme to start assessing and then making payments that recognise that injustice.
Florence Eshalomi (Vauxhall and Camberwell Green) (Lab/Co-op)
I thank the Secretary of State for making a really passionate speech. My constituent Ed Hall, who is in the Gallery, was one of the founding members of the legal campaign to lift the ban. Ed was sacked from the Royal Navy for being gay in 1988 and founded the first legal challenge group in 1994. When I met him, he spoke about people who had been investigated, about humiliation and stigma, and about people who were sacked. Many were made homeless simply because of who they loved and their sexuality. Will the Secretary of State join me in commending my constituent Ed Hall for his tireless work? It has helped to deliver justice today for so many LGBT+ veterans, and which is, as Ed has said,
“A close to the shameful chapter in recent British military history”.
John Healey
My hon. Friend makes a moving and powerful intervention. Although courageous, relentless, energetic groups such as Fighting With Pride have in many ways led the charge, that was opened up by the stance of courageous individuals such as her constituent who had suffered but were prepared to speak out about their experience, which gave voice to the experience of many more.
The whole history of social change and progress in our country is based on brave individuals who at the outset will not stand for injustice, will not stand for that sort of harassment and will speak out. They start the movement that can bring pressure on Governments and others to change. The case that she cites stands for a number of LGBT veterans: people who served this country and were not served well by our military at that time. I hope that her constituent and her constituent’s family will welcome the announcement, and I hope that they will be able to take advantage of the schemes that we will open up tomorrow.
Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)
I welcome the tone and tenor of the Secretary of State’s speech. I wonder if he could assist the House in setting out the steps that the Government intend to take to ensure the reliability of gathering data about the size of the cohort who are affected and may be eligible for the compensation scheme.
John Healey
The hon. Gentleman makes a sensible point. The shadow Defence Secretary will know—he and his colleagues started this work before the election—that one of, I would argue, the strengths of the announcement and the scheme we are able to put in place today is the close work we have done with veterans’ groups and Fighting With Pride, as well as with historians and those with access to records, to make our best assessment of the number of veterans who may be affected and may be eligible, and may therefore want to take advantage of these financial recognition schemes. We have set the budgets for the schemes and set the levels of award in the light of them. We will see how that goes.
Johanna Baxter (Paisley and Renfrewshire South) (Lab)
I wholeheartedly welcome the Secretary of State’s announcement, and in particular the additional funds found to support charities who will help LGBT veterans with their applications. One of my constituents wrote to me with a most harrowing story about how his career in the armed forces ended with an investigation by the Royal Military Police. He said that every aspect of his life had been greatly affected since the initial investigation, with his housing, employment, health and family life all having suffered as a result of the ban, which was ruled illegal in 1999. Will my right hon. Friend outline when eligible LGBT veterans impacted by the ban can expect to receive their financial recognition?
John Healey
They can expect to be able to get the full details from 9 o’clock tomorrow. They can expect to be able to complete the details and respond to the information required from tomorrow. I am conscious that, for many of these veterans, time is ticking, and I am determined that the scheme will not take long to make its proper decisions. Therefore, soon into the new year, LGBT veterans who are confirmed as eligible should expect payment.
I look forward, by the way, to the large number of contributions that there will be in the debate. As I wind up, I want to emphasise two or three points. This is a Government delivering for defence. This is a Government delivering for LGBT veterans. On behalf of the Government, I want to apologise without reservation for the pain and injustice caused during this dark chapter of our armed forces’ history. The treatment of LGBT veterans was a moral stain on our nation. It is shameful that those who put themselves in harm’s way to defend our country were treated in such callous and unjust ways.
Our Government will now right those wrongs of the past. That is why we are providing financial recognition to veterans. It is why we are making sure that payments will be fair, proportionate and prompt, and it is why we are delivering on the remaining recommendations of the Etherton report. We will learn the lessons from that report. We will never forget the pain and trauma that LGBT veterans were subjected to between 1967 and 2000. We will root out any remaining prejudice and abuse wherever it rears its head in the forces and we will look to build a more diverse, stronger military that better reflects the society that it serves and protects; a military in which everyone can serve without fearing injustice or discrimination. That is the one nation mission that the Government are committed to: a modern, representative, unified armed forces, proud to keep Britain secure at home and strong abroad.
Madam Deputy Speaker (Caroline Nokes)
I call the shadow Secretary of State.
The Minister for Veterans and People (Al Carns)
What a debate we have had today. We have heard some exceptionally harrowing and, indeed, inconceivable stories of events that have taken place in our lifetime. On that note, and on behalf of the Ministry of Defence, I wish to apologise to all those affected by the ban. The way in which the MOD mistreated LGBT personnel between 1967 and 2000 is a flaming injustice that has burned for more than five decades. It is an injustice that was acknowledged by Lord Etherton’s excellent report last year, and, as I said during our debate six weeks ago, it is an injustice that put the MOD on the wrong side of history. It is an injustice that the last Government worked to heal, with the support of Members in all parts of the House, and for that we thank them. When the scheme opens tomorrow at 09:00 hours and we finally begin the important process of offering financial recognition of the pain caused, we will turn a page and start a new chapter in defence history.
This Government have taken the decision to increase the amount that can be disbursed by the scheme by 50% more than the plans that we inherited. Not only will those dismissed or discharged from service receive a payment; those who were impacted more broadly by the ban will do so too. However, it is important to acknowledge at the outset that no amount of money can undo the hurt and pain caused, and no process can genuinely quantify the impact on earnings. This is a financial acknowledgment of wrongdoing and regret by the state, and while I know that it will not fully satisfy all, I hope that it will help to bring affirmation, and some closure, to those affected. The scheme will also address two more of Lord Etherton’s 49 recommendations—including rank restoration and rewriting those records—leaving just seven to be completed, which remains a major priority. I thank all Members on both sides of the House for their comments and the harrowing stories that they related, and I will now try to address some of their specific questions.
Let me say first to my hon. Friend the Member for Brighton Kemptown and Peacehaven (Chris Ward) that we are working exceptionally hard with Fighting With Pride and 10 other charities to ensure that we advertise this scheme as broadly as possible across the community. Indeed, this debate itself is one way to get that message out. We have 24 months of the recognition scheme, primarily because of the prerogative powers but also following the recommendations of Lord Etherton’s report. We have allocated £90,000 to help charities to assist the veterans with their applications, because we acknowledge that some of the processes may not be as simple as others. We are also asking for a reverse burden of proof on the access of the £25 million financial total. Predicting the number of cases that will come forward will be exceptionally difficult: experiences will differ, time served will differ, and therefore the amount of recognition will differ as well.
As we heard from the hon. Member for Dumfries and Galloway (John Cooper), facing the Treasury is perhaps much safer than facing the enemy. Nevertheless, I thank those in the Treasury, and the broader team in the Ministry of Defence, for working so hard—championed by the Secretary of State for Defence—to deliver the extra £25 million, a 58% increase on what we had previously. Speed of delivery is essential, and we have gone for both speed and breadth: the speed to deliver the scheme as fast as feasibly possible, and the breadth to ensure that compensation is delivered to all those affected by the ban, both dismissed and discharged. Those who may have been impacted by the ban, but not necessarily recorded—this was mentioned by the hon. Member for Aberdeen North (Kirsty Blackman)—will also be able to apply for these resources.
We appreciate the comments of the shadow Secretary of State, the hon. Member for South Suffolk (James Cartlidge), as well as his work prior to our coming into government. I hope that LGBT veterans now feel, more than ever before, part of the veterans family, thanks primarily to the restorative measures in Lord Etherton’s report, which have gone so far to delivering that. We have now implemented 42 of those 49 recommendations, and I think we will close them out by 2027. Responsibility for some of them does not sit with the Government, but we are working hard with the Office for Veterans’ Affairs and other Government Departments to close them out as quickly as possible.
I will cover two of the points raised by the hon. Member for Aberdeen North and my hon. Friend the Member for Brighton Kemptown and Peacehaven now, but will address others later. Overseas applicants can apply; the scheme is open to everyone. We will have a look at the geographical spread of charitable support. Although we do not have a huge amount of control over it, we will ensure that it is balanced and will work with the Office for Veterans’ Affairs to deliver it.
My hon. Friend the Member for Aldershot (Alex Baker) mentioned the important subject of HIV. I can confirm that we are on the case. Although there is no blanket ban on HIV-positive personnel flying in the armed forces, the Government are absolutely committed to ensuring that our policies that impact on people with HIV are regularly reviewed. I and the Minister for the Armed Forces in particular are closely considering HIV policies relating to aircrew, and we will get back to my hon. Friend in due course.
My hon. Friend the Member for Burnley (Oliver Ryan), and the hon. Members for Epsom and Ewell (Helen Maguire), for Aberdeen North and for Brighton Pavilion (Siân Berry) mentioned a concern about the cap. The financial recognition scheme is a response to a gross injustice—we acknowledge that. It was designed to be a tangible acknowledgment of wrongdoing and regret, and was never intended to compensate for loss of earnings, but I accept that there will always be people who feel, for good reason, that we have not gone far enough.
Ben Maguire
A North Cornwall constituent of mine was attending the debate from the Public Gallery but has had to leave because of the outrage that he feels. Does the Minister agree that greater financial compensation should be given to veterans such as my constituent, who suffered such enormous harm, including gang rape and severe physical assault that resulted in lifetime disabilities?
Al Carns
I thank the hon. Member for that question. We have tried to balance demands for individual circumstances to be fully recognised on a case-by-case basis with the demand for speedy resolution. We have arrived at amounts that reflect the practice of relevant employment tribunals, and payments made for harm and suffering in the service complaints process, which also align with similarly sized payments awarded by the scheme in Canada. Although Government schemes of this type will always cause debate—I acknowledge that— we have done our best to be fair and balanced, using figures based on relevant precedents and a process that will reflect individual circumstances within a framework designed to avoid delay and ensure fairness across that cohort. It is probably worthwhile to dig into that in a little more detail to provide the House with answers.
The LGBT dismissed or discharged payment for veterans who were dismissed or discharged based solely on their sexual orientation or gender identity under the ban will be a flat rate of £50,000. The LGBT impact payment is open to all those who experienced any pain and suffering directly related to the ban, including bullying and harassment, invasive investigation and, of course, imprisonment. Those who were dismissed and discharged can also apply for that payment. The LGBT impact payments will be assessed by an independent panel against three tariffs—£1,000 to £5,000, £5,000 to £10,000 and £10,000 to £20,000—up to a maximum of £20,000, to ensure that awards are proportionate to the level of impact.
We heard several questions, particularly from my hon. Friend the Member for Shrewsbury (Julia Buckley), about why the measures have taken so long. Today has been more than 50 years in the making. I totally agree that veterans have waited far too long for this recognition of historical injustice. However, since coming into government, we have moved exceptionally fast. This Government have a bias for action. We came into Government in July, listened to Fighting With Pride and the LGBT veterans, informed and updated the House and colleagues last month, and designed a broad and rapid payments scheme, and at 0900 tomorrow, that scheme will open and deliver.
We also had some questions about the impact of loss of earnings, particularly to do with pensions. It is worth noting that this is not a compensation scheme and has not been designed as such. With such a variety of experiences and personal circumstances within the affected community, and with limited evidence available, it is difficult to estimate how long each veteran would have served if not for the ban and what rank they might have reached.
Finally, on the question about Lord Etherton’s recommendations: two are for the Ministry of Defence to implement and five are for the national health service to address. My team is in touch with the Department of Health and Social Care as we move that forward.
As various Members mentioned, it is worth noting the broader non-financial restorative measures that are taking place. There are 719 applications already, which is fantastic. In practice, this means everything from apology letters sent directly to individuals from the chiefs of the Army, the Royal Navy and the Air Force, through to medals and berets, ensuring that these veterans feel included as part of the veterans community.
When I joined the Royal Marines in 1999, this abhorrent ban on homosexuality in the armed forces was still in place. Today, a quarter of a century later, we turn a page on that shameful chapter in our national story. The financial recognition scheme is an acknowledgment by the state that it was wrong. While I accept that many veterans will continue to feel that it does not go far enough, the scheme is another vindication of the harm and pain they have suffered, and vindication for all those who stood against the ban.
I urge everyone affected by these past failings to access the financial recognition scheme and other restorative measures by visiting the LGBT veterans support page on the gov.uk website. On this page, they will find a simple guide explaining how to apply for financial recognition payments, which includes details of the scheme, eligibility and the supporting documents required. There are simple screenshots of what to expect when applying, and the application form has been streamlined to make the process straightforward and user-friendly to ensure that veterans can apply with as much ease as possible.
I thank Lord Etherton for his outstanding work on this report. I also thank the LGBT community and the charities that supported it, particularly Fighting With Pride, for their courage and continued efforts to bring this to a resolution. They have engaged comprehensively throughout the programme, with both the MOD team and me.
I have an old saying from combat: “Courage is a decision, not a reaction.” Few have been so courageous as those watching this debate today. To stand up, to struggle to your feet when everyone is trying to push you down, and to shout when everyone is trying to silence you—that is an active decision, and perhaps the most courageous decision of all. They should stand proud from here on out.
The debate today and the speed at which we have worked—the fact that from tomorrow at 0900 the scheme will open—is a credit to all those who have worked on the team. It also reaffirms that this Government are a Government of action. Indeed, we have a bias for action, and the Defence Secretary and I will continue to drive this forward until every recommendation of Lord Etherton’s review is implemented to right the wrongs of the past.
To the individuals affected—Victoria, Craig, Danny, Claire, Andrew and Janice, to name but a few—we apologise. We hope that this will go some way through the healing process. In line with Claire Ashton and my hon. Friend the Member for Shrewsbury, we want to ensure that every veteran who has helped to keep Britain secure receives the respect and support they deserve.
Question put and agreed to.
Resolved,
That this House has considered Lord Etherton’s independent review into the treatment of LGBT veterans.