Armed Forces Bill

Baroness Smith of Newnham Excerpts

Committee stage
Tuesday 2nd November 2021 Grand Committee

[Lord Browne of Belmont (DUP)]

My Lords, I am pleased to support Amendment 60 in the name of the right reverend Prelate the Bishop of St Albans. There is no doubt that problem gambling is a debilitating condition that takes over people’s lives and, in some cases, destroys them. Since the Gambling Act 2005, the opportunities to gamble have increased significantly. As we have heard, the recent report from Swansea University and the Armed Forces veterans’ health and gambling study clearly indicate that, in the United Kingdom, serving personnel and veterans in particular are significantly more likely to struggle with problem gambling than non-veterans.

I was privileged to meet many problem gamblers, some from the Armed Forces, when the GAMSTOP exclusion from online gambling was being debated in your Lordships’ House. One of those gamblers was a retired Army major, Justyn Larcombe, whose case is well documented. He lost more than £750,000 over three years through taking part in online sports books. As a result, he lost his home, his family and his wife. However, I am glad to say that he has now been reunited with his wife and family, and has become actively involved in helping others obtain help for their gambling addiction. Indeed, he was the co-investigator on the United Kingdom Armed Forces Veterans’ Health and Gambling Study 2021 report, which provided a useful survey of gambling, mental health and associated costs among a sample of UK veterans.

The findings of that report back up the fact that members of the Armed Forces are much more likely to develop gambling problems, especially if they have experienced post-traumatic stress. Also, the transition from active military service to civilian life can be extremely challenging, leading, as we have heard, to many veterans engaging in high-risk behaviour, such as alcohol and substance abuse, and having behavioural problems. As I have said, there is growing evidence indicating a specific vulnerability to gambling-related harm.

Veterans’ gambling is more likely to be motivated by a need to escape and avoid distress. Indeed, we should note that the 2021 veterans study found that

“gambling is estimated to cost the UK between £260 million to £1.6 billion in economic, health, social and criminal justice costs”.

As the Forces in Mind Trust states:

“This research found that veterans with problem gambling had higher health care and benefits costs, as well as higher levels of debt than non-veterans.”


I believe that this amendment would lead to the provision of much needed further research—because research is limited at the moment—to assist our understanding of the mechanisms underlying problem gambling among Armed Forces personnel. With increased data, the Government would be in a much better position to formulate and draw up policies to help those in our Armed Forces facing gambling problems. It would also help them to think of policies to reduce the stigma often associated with those in the Armed Forces seeking help for gambling problems. Unfortunately, many personnel fear facing the possible repercussions, such as losing a chance at promotion or, in some cases, being dismissed from the services.

The problem of gambling in the Armed Forces is real and causing real problems for not just the individuals in the Armed Forces but their families. The inclusion of this proposed new clause in the Bill would go a long way to provide for and protect them so that the Government could make well-informed decisions, as I said. Northern Ireland has the highest incidence of problem gambling in the general population. It is four times higher than in any other region in the United Kingdom. I hope that, if these two proposed new clauses are accepted by the Government, they will apply to Northern Ireland.

We must continue to improve service and, where we can support sensible, practical and long-lasting protection for all our military personnel, we should do so. I fully support any legislation that will improve the lives of our very fine personnel.

[Baroness Smith of Newnham (LD)]

My Lords, I support all the amendments in this group on behalf of the Liberal Democrat Benches. I will particularly speak to Amendments 48 and 66A. As the noble Lord, Lord Dannatt, pointed out in introducing Amendment 66A, it very much builds on those he sought very hard to bring forward on the overseas operations Bill. The suggestion at the time was that perhaps that Bill was not the right place for such an amendment.

The idea of a duty of care seems to be beneficial, and the amendment is laid out in very clear detail. I have a suspicion that the Minister might come back with a whole set of reasons why even this Bill is not the right place, and that the concerns of the noble Lord, Lord Lancaster, about unintended consequences might come with the suggestion that there will be scope for some sort of legal interpretation and that this might create all sorts of problems. However, does the MoD not have a duty of care to service personnel and their families? Should this not be very clearly stated? If the Minister does not accept that Amendment 66A as currently proposed would be a desirable addition to the Bill, could she undertake to think about an alternative amendment that could be brought back on Report?

Amendment 48, relating to service personnel and mental health, is important. As other Peers have pointed out, the contributions from the noble Lord, Lord Robertson of Port Ellen, and the noble and gallant Lord, Lord Houghton of Richmond, are important in bringing personal insights. Often when we talk about legislation relating to the Armed Forces, we are a bit technical. We talk not necessarily about individuals but about generalities. It is clearly important to think about the individual because it is precisely the individual who matters in each of the three amendments in this group.

However, I have some sympathy with the point made by the noble Lord, Lord Lancaster, that Amendment 48 specifically refers to veterans affected by events in Afghanistan. There may be a case for saying that, on the face of a Bill, we should be a little more general rather than being quite so specific. If the Minister’s only objection to Amendment 48 happens to be something along the lines of not being able to talk specifically about people being affected by the withdrawal from Afghanistan, perhaps again she might suggest some alternatives. Very clearly, there are a huge number of serving personnel and veterans who have been affected by the withdrawal from Afghanistan, precisely because they served there on multiple occasions, so this case is very specific.

All these amendments enhance the Bill. I hope the Minister will see her way to accepting parts of at least some of them, even if she cannot accept all of them in full. If she cannot accept them, we will obviously bring some or all of them back on Report.

[Lord Coaker (Lab)]

My Lords, I support all the amendments in the important group before us. There are clearly many issues around mental health support but I have an optimistic note. We heard contributions from very senior former military officers—not least the noble Lord, Lord Dannatt, who moved the exceedingly important Amendment 48, and the noble and gallant Lord, Lord Houghton, who supported it—and former Secretaries of State for Defence talking about mental health in a way that would not have happened 20 or 25 years ago. That is significant progress and we should all be proud of it.

Perhaps that stigma we all worry about is starting to lift. Is it good enough and are we there yet? No, but my noble friend Lord Robertson spoke movingly about his experiences, shocking as they were. I am certain that those officers who served in Northern Ireland, and elsewhere across the world, could recount their own stories of horror. Others of us could recount horrors that have occurred in our own lives: the right reverend Prelate may have had very distressing things to deal with in talking to people during his ministry. Within the context of the Armed Forces Bill, though, mental health is now something that we can talk about and discuss. That is why this amendment is so important, although maybe there are problems with it; the noble Lord, Lord Lancaster, pointed some out.

We can almost see in the drafting of Amendment 48 the point made by the noble Baroness, Lady Smith, and the noble Lord, Lord Lancaster. Yes, it refers to Afghanistan: proposed new subsection (1) talks about

“targeted support for serving Armed Forces personnel who have been affected by the United Kingdom’s withdrawal”

from Afghanistan, but before that it refers to

“additional mental health support for … Armed Forces personnel, including but not limited to”

that support. The amendment of the noble Lord, Lord Dannatt, includes a recognition that Afghanistan may be on our minds, for obvious reasons, given the bravery of our service men and women there and the horror of what we have just witnessed, et cetera. But I suggest that, in drafting his amendment, he was very aware of the fact that there are people who have served, and are serving, in countless places across the world whose trauma could need additional support.

To be frank, the Minister may have some official statistics on this. I do not know the actual number of those affected, but it would be useful for the Committee to know from the Ministry of Defence its assessment of the level of need, if that is the right way of putting it, with respect to this provision. Perhaps I may tell her one thing that drives me absolutely insane: people know that I try to tell it as it is but, from the Government’s announcements over the last few months, I have no idea exactly what is happening to spending on mental health in terms of additional support for veterans or their families, both serving and in the future. There have been numerous announcements; I hope the Committee will bear with me if I refer to two or three.

At the end of August, the Government announced that Armed Forces veterans would benefit from extra support, including extra mental health services, thanks to a further £2.7 million in funding. Is that additional funding and what is it on top of? It would be helpful to know what the spending on mental health support was last year, is this year and will be next year. Resources are clearly an issue and it would be really good to know what the official level of spending is on mental health support for our serving personnel and veterans. What is it now and what is projected as we go forward?

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[Lord Dannatt (CB)]

My Lords, I support both these amendments in regard to those affected in Hong Kong, about whom the noble and gallant Lord, Lord Craig of Radley, spoke most eloquently, and Gurkha soldiers who are Nepalese citizens. It is also worth putting in the widest possible context that we have a large component of the British Armed Forces from not only Nepal or Hong Kong, as already mentioned, but other Commonwealth countries. When I had the privilege of being Chief of the General Staff, the make-up of the British Army included people from 41 different nationalities. In fact, I had under my command more Fijian soldiers than Frank Bainimarama, the head of the Fijian Army, had in his own army. This is not a niche problem but a significant issue which we have to address, recognise and deal properly with.

We have to do so now in the context of the withdrawal from Afghanistan. In that melee of people coming back on the various flights during August were many members of the Afghan national army who, one way or another, have found their way back here. As part of Operation Warm Welcome, they will now be given significant residential rights in this country, over and above the foreign and Commonwealth soldiers who have stood shoulder to shoulder with us and fought in many campaigns. This is an anomaly and it is bizarre. We have to resolve it, so I put that issue back on the table. Earlier this afternoon, unintended consequences were mentioned in another context; this is an unintended consequence of a generous gesture to Afghans but, I am afraid, it makes a mockery of our policy with regard to foreign and Commonwealth individuals, including those from Nepal and Hong Kong.

[Baroness Smith of Newnham (LD)]

My Lords, I support both amendments. I added my name to Amendment 49; it was merely an omission not to have added my name to Amendment 63 since both amendments, as we have heard, are important. At Second Reading, I spoke about the situation with the Gurkhas; my only experience of them is visiting once while on the Armed Forces Parliamentary Scheme, so I have no interest to declare in the way that the noble Lord, Lord Lancaster, has.

However, like other noble Lords, I am deeply aware of the importance of the Gurkhas and the service they give. We need to think what signals we send if we say, “You can work with us; you can put your life on the line and die for us. But if you wish to have indefinite leave to remain, we will charge you huge sums of money, as if you were simply coming as a third-country national with no relationship to our country.” People who have been serving with us, such as the Gurkhas and Commonwealth citizens working within our Armed Forces, should be given the opportunity to have indefinite leave to remain on an at-cost basis, as we ourselves would when we sign up for a passport. We do not get our passports free but we pay the cost.

Earlier on, the Minister suggested that the MoD has certain duties, but this is not currently a duty. The MoD and the Home Office could do something relatively straightforward about this and make a huge difference in the message that we send to service personnel from Commonwealth countries.

Finally, I add a word in support of the comments of the noble and gallant Lord, Lord Craig of Radley, about Hong Kong. This is partly because my noble friend Lord Alton of Liverpool was hoping to speak on this amendment in support of the service personnel from Hong Kong; he sat through the first group and most of our next debate but has had to leave for another meeting. It is very important that we think again about the commitments to Hong Kong. As the noble Lord, Lord Dannatt, said, it is slightly an issue of history and timing that the withdrawal from Afghanistan has happened in the middle of the passage of the Bill, and it sends certain messages. However, that withdrawal and the situation in Hong Kong again mean that we have certain duties. It would behove the MoD and the Home Office to look generously also on service personnel from Hong Kong.

[Baroness Goldie (Con)]

My Lords, I thank your Lordships for their contributions on an issue that might look fairly contained but is, none the less, important. I will look first at Amendment 49, on fees for indefinite leave to remain, which was moved by the noble Lord, Lord Coaker, and supported by the noble and gallant Lord, Lord Craig of Radley, the noble Lord, Lord Dannatt, and the noble Baroness, Lady Smith of Newnham. I make clear immediately that the Government highly value the service of all members of the Armed Forces, including Commonwealth nationals, and Gurkhas from Nepal, who have a long and distinguished history of service to the UK, both here and overseas.

Your Lordships will be aware that the Home Office, not the MoD, has a specific set of Immigration Rules for Armed Forces personnel and their dependants, the Appendix Armed Forces. Under these rules, non-UK service personnel enlisted in the regular Armed Forces, including Commonwealth citizens, and Gurkhas from Nepal, are granted an exemption from immigration status for the duration of their service to allow them to come and go without restriction. They are therefore free from any requirements to make visa applications or pay any fees while they serve, unlike almost every other category of migrant coming to work in the UK.

Non-UK service personnel who have served at least four years or been medically discharged as a result of their service can choose to settle in the UK after their service and pay the relevant fee. As my noble friend Lord Lancaster indicated, the time before discharge when such settlement applications can be submitted has been extended this year from 10 to 18 weeks. Those applying for themselves do not have to meet an income requirement, be sponsored by an employer or meet any requirements regarding their skills or knowledge of the English language or of life in the UK. That again puts them in a favourable position compared with other migrants wishing to settle here.

The noble Lord, Lord Dannatt, asked specifically about the situation of Afghan interpreters and sought to draw an analogy between them and the group that we are discussing under these amendments. ARAP and the ex-gratia scheme before it were set up in recognition of something very simple: the serious and immediate danger locally engaged staff would face, were they to remain in Afghanistan. The unique and perilous situation that this group of Afghans faced, because of their support for Her Majesty’s Government, required a bespoke solution to meet that immediate and extreme need.

I can tell the noble Viscount, Lord Brookeborough, that specific Immigration Rules are already in place for our non-UK service personnel and veterans, as I have outlined, to ensure that those who choose to can remain in the UK after service. Some choose to take up that offer, while others return to their original nation, but that personal choice is not overshadowed by risk of persecution or even death, such as would be faced by Afghan citizens if they returned to Afghanistan.

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[Lord Lexden (Con)]

My Lords, the noble Lord, Lord Coaker, set the scene for this short debate so very effectively by explaining the extent of the injustice that occurred in the past and setting out the issues that so badly need to be addressed swiftly in the present. I look forward to my noble friend the Minister’s reply on all the important matters that the noble Lord, Lord Coaker, placed before us.

The amendments in my name and that of my comrade and noble friend Lord Cashman contain provisions that need to become law. I sensed widespread support for that in the reaction to my speech and in comments made to me since Second Reading. The amendments would bring many more gay service personnel who suffered grievously in the past as a result of unjust legislation within the scope of the now well-established pardon and disregard schemes, which my noble friend Lord Cashman and I have been working on for five years, as he mentioned. It is essential that the schemes are widened so that the stain that was so wrongly placed on the reputations of so many brave Armed Forces personnel can be removed.

As my noble friend Lord Cashman explained, the Government have proposed that effect should be given to the provisions in our amendments through the Police, Crime, Sentencing and Courts Bill, rather than this Bill. There can of course be no objection to that. I look to my noble friend the Minister today for a clear assurance that the necessary additions will be made to the other Bill to incorporate the provision of these amendments within it. As long as that happens, it should not be necessary to return to these amendments at a later stage of this Bill. As I said at the outset, action must be taken to ensure that gay service personnel who have suffered injustice obtain the redress that these amendments provide.

[Baroness Smith of Newnham (LD)]

My Lords, I rise briefly merely to add the support of the Liberal Democrat Benches to the three amendments. I completely understand that, if there are discussions between the Home Office, the MoD and the noble Lords, Lord Lexden and Lord Cashman, about Amendments 57 and 58, I will take that as read and assume that we do not need to discuss them further at this stage. Obviously, we on these Benches support the amendments.

As the noble Lord, Lord Coaker, said in his opening remarks, there is a set of issues that we clearly still need to think and talk about, and injustices that need to be righted. So, while Amendments 57 and 58 may not come back to us, I assume that the amendment from the noble Lord, Lord Coaker, will come back in some form. We will support it.

[Baroness Goldie (Con)]

My Lords, this may have been a short debate but I do not think that any of us can doubt the passion and commitment that have been evident in the contributing speeches.

I thank the noble Lord, Lord Coaker, for moving Amendment 50 and the noble Lords, Lord Cashman and Lord Lexden, for tabling Amendments 57 and 58. All three amendments have undoubtedly been tabled with deep compassion and humanity, with the intent of righting a past wrong. They are all concerned about the historical effect of the criminalisation of homosexual behaviour in the Armed Forces. As the Minister in the defence department responsible for diversity and inclusion, I feel a personal commitment to deliver improvement; I say that in a manner that I hope reassures noble Lords.

Amendment 50 seeks to place an obligation on the defence department to commission a comprehensive report on the number of service personnel who were dismissed, discharged or charged with disciplinary offences due to their sexual orientation or gender identity, and to make recommendations for compensation and restoration. I am pleased to remind the Committee that the Government accept entirely that the historical policy prohibiting homosexuality in the Armed Forces was absolutely wrong. The noble Lord, Lord Coaker, is right: there is a sense of shame. We recognise this and are looking, where appropriate, to address the historical injustice suffered by members of the LGBT+ community as a consequence.

Our priority is effectively to look at what the Government can do to better understand the impact of pre-2000 practices on LGBT+ veterans and swiftly put in place a series of steps to address past wrongs. We acknowledge that many individuals, including the noble Lord, Lord Coaker, would like to understand how many people were affected by past practices. This is not a straightforward task. I must say, focusing solely on it would detract from our primary goal of righting historical failures, which is what we are engaged in doing and, I hope, what the Bill reflects.

While we agree that identifying how many people were affected has value, this must not overtake our efforts to find further tangible ways to do right by those who were treated unjustly. We therefore resist the amendment because it will constrain the work already under way now. Having said that, the MoD is working at pace to identify the cohort of individuals affected due to this policy. This will not be a quick process; it will take time.

We are also investigating historical records to see whether we can establish members of the Armed Forces who were encouraged to leave the Armed Forces due to their sexual orientation and gender identity. However, this latter cohort, as your Lordships will understand, will be much harder to identify, given that their personal files may not explicitly link their departure to their sexual orientation and gender identity.

In February this year, we announced the restoration of military medals to Armed Forces personnel discharged on the basis of their sexuality. Since February, we have received a number of applications in response to that well-publicised announcement. These are being actively considered.

On the scope of current legal disregards, as the noble Lord, Lord Cashman, indicated, the Home Office and the MoD are working together to consider whether any further services offences can be brought within the scope of the disregards scheme. The current legislation—the Protection of Freedoms Act 2012—is very specific as to the offences that can be considered for a disregard, with the scope being limited to offences that have since been abolished or repealed and that criminalised homosexual activity. I am sure that many of your Lordships will be aware that our decision to address this issue has drawn the support of organisations such as Fighting With Pride and Stonewall, and we continue to engage with these and other stakeholders as we work together to make it clear that the military is a positive place to work for all who choose to serve.

As noble Lords have heard, there is a significant amount of cross-government activity, which includes, but is not limited to, working with the Cabinet Office, the Office for Veterans’ Affairs, the Ministry of Defence and the Home Office. I thank the noble Lord for attending the meetings, which I attended with my colleague and noble friend Lady Williams of Trafford. I hope that the noble Lord, Lord Coaker, is reassured by what I have been able to say today, and will agree to withdraw his amendment.

As we know, Amendments 57 and 58 seek to extend the disregard and pardon schemes to include all service discipline offences, whether repealed or not, for which gay service personnel were convicted or cautioned. They also seek, where applicable, to provide posthumous pardons to deceased service personnel. I am grateful to the noble Lord, Lord Cashman, for indicating that he will not press these amendments. As I just said, on the scope of current legal disregards and pardons, the Home Office and the MoD are working together to consider whether any further services offences can be brought within the scope of these schemes.

There is a significant amount of cross-government activity to resolve the issue of historic hurt. As the noble Lord, Lord Cashman, indicated, we are already in conversation with him—as well as with the Home Office and Professor Paul Johnson of York University—to find the best course of action to implement the necessary legislation to address this issue. It is complex; there are technical complications in understanding which Acts apply and how we must draft remedial provisions. We must be mindful to mitigate the potential risks that a whole-scale adoption of these amendments in both this Bill and the Police, Crime, Sentencing and Courts Bill may cause.

This will not be a straightforward task. We need to continue to develop cross-departmental policy and correctly identify the approach to be taken. We therefore resist the amendment because this Bill is not the most suitable place to make these amendments; rather, the proper legislative vehicle is the Police, Crime, Sentencing and Courts Bill, where the scheme can be properly and effectively extended and managed. I think that the noble Lord, Lord Cashman, will have gathered from the attitude of my noble friend Lady Williams of Trafford that he has a very willing pair of hands prepared to look at all aspects of this.

I remind noble Lords that Clause 18 of this Bill seeks to amend the pardons scheme to ensure that those who served in the Army and the Royal Marines before 1881 and were convicted of now-abolished service offences are posthumously pardoned. I suggest that these actions demonstrate the full commitment made by this Government to rectifying what I earlier called the shameful and wrongful treatment of those who have served. I therefore assure the noble Lord, Lord Cashman, and my noble friend Lord Lexden, that the Government are determined to redress this historic slight—“slight” seems an inadequate word; I think it is an historic injustice—against our brave and loyal servicepersons.

I hope that your Lordships have taken comfort from what I have said today: that far-reaching and consequential work is going on in this area. Naturally, the outcome of this work will never truly replace the hurt suffered by those affected. However, I hope that it will provide a degree of recompense and demonstrate that this House, this Government and this nation stand resolutely and proudly with both former and serving members of the Armed Forces who are drawn from across the LGBT+ community.

For these reasons, I hope that the noble Lord, Lord Coaker, will agree to withdraw his amendment.