(1 year, 4 months ago)
Lords ChamberI thank my noble friend for his presence here today—we are the beneficiaries of that presence, even if the Committee elsewhere is a loser. I thank him too for his clearly expressed wish yesterday that we should have a little more time to discuss this matter. In answering his Question yesterday, I deliberately took fewer questions, because I thought it was important for the Chamber to understand the broader hinterland of how the Government were responding to and proposed to deal with the noble and learned Lord’s report. I am delighted that we have had a broader opportunity to discuss it today.
I can reassure my noble friend that cross-government activity has already been happening in anticipation of the report. He is absolutely correct that cross-government activity will be critical. It will also involve reaching out to devolved Administrations, because they will be involved in implementing some of the recommendations. On the team, certainly within the MoD we have a very well resourced and skilful directorate dealing with these matters. They will be the lead presence in the MoD. Again, because of the widespread awareness of and interest in the report, I reassure my noble friend that we will be communing at top level with other relevant offices—because the Office for Veterans’ Affairs is also involved—to make sure that there is leadership through the summer to supervise this.
On pensions, my noble friend is quite right that there has been doubt and uncertainty as to who is eligible. Advice is now available on the website to which I referred. I hope that will be helpful to potential applicants.
My noble friend raised the issue of the desire for a memorial to be an enduring acknowledgment and testament to those who were so badly treated. My understanding is that the National Memorial Arboretum is administered by independent trustees, so this may be one area where we absolutely understand the spirit of what the recommendations wish to achieve but where the power of delivery may be slightly beyond either the MoD or the Office for Veterans’ Affairs.
On the matter of discharge papers, I too looked at that recommendation and think it a very reasonable one to make. Subject to the administrative challenges of identifying papers and personnel records, the desire would be to absolutely ensure that these papers were amended and issued as they should have been originally.
My Lords, I first became involved in this issue in 1991 when, along with Robert Ely and Elaine Chambers, the founders of Rank Outsiders, I gave evidence to the Armed Forces Select Committee to lift the ban. The ban was duly and rightly lifted by the courage of Duncan Lustig-Prean, Jeanette Smith, John Beckett and Graeme Grady, who with Stonewall took the case through the courts to the European Court of Human Rights.
I see this rather brilliant report as the final part of the mosaic of reparation and national apology. The noble and learned Lord, Lord Etherton, has become somewhat embarrassed by the adulation that he and the report are receiving. My advice to him is to get used to it, because it is going to go on for a very long time, so long as this report is read and referred to. Therefore, I come to my question and my recommendation to the Minister, which I raised yesterday. As the noble Lord, Lord Lexden, indicated, the work that he and I—with Professor Paul Johnson and others and, indeed, the Minister—have done has widened the pardons and disregards to include the armed services. Working cross-party, we have shown what we can achieve by working together. In that respect, I urge the Minister to consider, at departmental level, bringing forward, as I have suggested before, a small task force to oversee the implementation of the 49 recommendations and indeed the additional suggestions. We have six under way, with 43 more to go. I think a task force that oversees how they are being undertaken and, I might say, enforced, will enable the House to call on the department periodically to report back on the progress of the implementation of the recommendations and suggestions of the independent review.
I thank the noble Lord and pay tribute to him for his passion, commitment and dogged pursuit of justice for those who were so badly wronged over so many years. I join him in the accolades he has extended to my noble friend Lord Lexden and of course the academic Professor Paul Johnson. I know they have all been instrumental in pushing forward, and doing that with great determination, energy and vigour. We are indebted to them for the dogged determination they have shown and we see the fruits of this today.
On the matter of the small task force, I hear what the noble Lord says. I am very happy to take that back to the department and see if we bring greater clarity to the concern of your Lordships that this should be constantly monitored, supervised and progress measured. I totally understand all that; I will take that suggestion back and undertake to reply to him.
(1 year, 4 months ago)
Lords ChamberI much respect the views being expressed by my noble friend. An eminent theologian once said to me that anyone who believes in coincidences must lead a very boring life and I could never accuse my noble friend of that. He makes an important point. There was a desire to bring the report forward and to publish it and I absolutely accept that my noble friend’s Question has been most timely in respect of this Chamber. On the matter of further procedure within the Chamber, he will understand that that is for others—my noble friends the Leader and the Chief Whip, with their counterparts through the usual channels—to determine. However, I am confident that, as the Secretary of State indicated in the other place, this Chamber will want to debate this report and I take this opportunity to pay tribute to the noble and learned Lord, Lord Etherton, for a forensic and meticulously comprehensive report. It is a most informative, extremely disturbing and, at times, appallingly repugnant read. It has shone light where light needed to be shone—there is not a shadow of a doubt—and we are all indebted to the noble and learned Lord for his assiduous work and his contribution to this vital issue.
My Lords, I too commend this report and congratulate the noble and learned Lord on what, as the Minister has said, is a deeply harrowing yet forensic report. I think it will put right the wrongs that have been done to LGBT service personnel across the generations. I pay tribute to Elaine Chambers and Robert Ely, who set up Rank Outsiders in the early 1990s, which campaigned to end the ban on gays serving in the military. Will the Minister consider setting up an active task force to ensure that the 49 recommendations across government departments are brought forward, not least on service records, pensions and compensation? Further delay will only cause deeper tragedy.
I thank the noble Lord for his kind remarks, and I think there was a lot of sympathy across the Chamber with what he said. I would observe that, as the Secretary of State was explicit about today in the other place, we are going to look comprehensively at the recommendations but we need to do that in conjunction with organisations such as that to which the noble Lord referred; and I pay tribute to them. They were indeed the founders of the pressure to ensure that at some point this was all laid open, exposed and examined and they deserve credit for their persistence. My right honourable friend the Secretary of State said in the other place that we will work extensively over the summer in consultation with all those who have an interest in this. We want to get it right and ensure that the recommendations so appropriately articulated by the noble and learned Lord get due consideration and we all understand what the consequences are and what the best route for delivery may be. My right honourable friend the Secretary of State said we accept the spirit of the recommendations and I repeat that in this Chamber.
(2 years, 1 month ago)
Lords ChamberMany in your Lordships’ Chamber will have much sympathy with what my noble friend is saying. I observe that the Armed Forces Pension Scheme is not concerned with the terms and conditions of employment surrounding the circumstances of dismissal; that is to do with the environment in which Armed Forces personnel were engaged and served. There is no provision in the Armed Forces Pension Scheme that is discriminatory on the basis of a member’s sexuality, and it is not possible in law to amend the scheme rules so that they have retrospective effect.
At the heart of the review by the noble and learned Lord, Lord Etherton, is consideration of the impact of the policy observed by the Armed Forces between 1967 and 2000 on Armed Forces personnel who were dismissed on the grounds of sexuality. As my noble friend observed, the noble and learned Lord, Lord Etherton, is ideally placed to carry out this review. We look forward to his conclusion and recommendations, which we will consider very carefully.
My Lords, I first raised this issue with the Defence Select Committee in 1991. Some 31 years later, we are still waiting for this grave injustice to be addressed. While I wholly support the important review by the noble and learned Lord, Lord Etherton, I ask the Government to think again and take immediate and specific action to address this issue of pensions faced by an ageing population.
Relatedly, when will the Government commence provisions in Part 12 of the Police, Crime, Sentencing and Courts Act 2022 to allow service personnel and others who were prosecuted on the grounds of sexual orientation to gain the justice they deserve?
I pay tribute to the noble Lord, Lord Cashman, and to my noble friend Lord Lexden for their unstinting commitment to these issues. To start with the first part of the noble Lord’s question, I do not think there is much I can add to what I have already said to my noble friend. It is within the scope of the inquiry by the noble and learned Lord, Lord Etherton, to look at all the impacts on personnel who were dismissed. They may include social, family and financial impacts. That is why it is very important that we let the noble and learned Lord conduct his inquiry and then observe his recommendations.
On Part 12 of the Police, Crime, Sentencing and Courts Act 2022, the scheme is led by the Home Office and the MoD. We are committed to bringing those provisions into force as soon as possible. Officials are already working on the necessary technical criteria—and they are fairly complex—to ensure that the legislation ultimately works as smoothly as possible. We expect to launch the extended scheme in the first quarter of 2023.