(6 months ago)
Grand CommitteeMy Lords, I remind the Committee of my entry in the register of interests, specifically my roles with the Royal Navy. I thank the Minister for his comprehensive introduction to this piece of secondary legislation. Subject to what we have heard from the noble Lord, Lord Thomas, this is straightforward and I do not plan to delay the Committee for long. As my friend in the other place, Luke Pollard, made clear, His Majesty’s Opposition do not object to this legislation, but we do have some questions pertaining to the detail and government policy.
The outlined rules are not controversial and Labour Party policy is clear that we would like to see more, not less, criminal activity explored through the civilian courts—not least murder, manslaughter and rape. Given that these amendments bring the service justice system further in line with the criminal justice system, is it not time that MMR committed in the UK by service personnel should be included in the civilian justice system? This is all the more important given recent scandals.
Can the Minister expand on the decision to limit the jurisdiction of these amendments? Why do they not apply to Gibraltar? There is a growing body of Armed Forces legislation that applies to UK personnel everywhere except Gibraltar. Why should offences committed in Gibraltar be treated in a different and out-of-date fashion, not in line with what we now consider to be best practice?
The Minister in the other place, Dr Murrison, was asked to expand on the rationale of the eligibility criteria. He opted not to do so. Can the Minister assure the Committee that consideration will be given to previous service when considering the eligibility criteria? Will relationships built during years of service but not at the time of the alleged offence be considered? This is not in the Explanatory Memorandum. What about the role of sustained joint operations? Will people who serve in a sister unit still be eligible to sit on a relevant court martial?
Broadly, this is a welcome update. I look forward to hearing from the Minister on those points of clarification. Before I finish, I also thank the noble Baroness, Lady Buscombe, for raising the challenges surrounding medical discharge. I am sure the Minister heard her testimony and will seek further details on the circumstances that she raised.
My Lords, I thank noble Lords who have contributed to this debate, in particular my noble friend Lady Buscombe for her unsettling but powerful speech. I am more than happy to meet her and discuss in full detail the points she raised. Given the conversations we have had in the Chamber about forces numbers, recruitment and retention, it is extremely disturbing to hear that this is dealt with, as she said, in an inconsiderate and inhumane way. It is not acceptable and we will take that up.
I will probably catch most of the questions. I do not think I am particularly suited to the issues in law that the noble Lord, Lord Thomas of Gresford, raised, so, if I may, I will write in full detail to him about them.
The question of why it has taken so long has been addressed, but I fully agree that eight years is a very long time to get to this point. There has been activity for some while but there has been a certain amount of toing and froing and the process could have been speeded up. As I said, we are not intending to alter the process; we are just following up the existing one. That is one of the key points.
The noble Lord, Lord Thomas of Gresford, asked how this will work in practice. It is important to note that a review itself is not an appeal against a sentence but an entirely separate process that takes place because new circumstances have arisen. The review process will not be inhibited by the fact that the Court Martial Appeal Court may already have heard or decided against the original sentence or whether the sentence was varied on appeal. Again, it is a separate process. I fully understood the noble Lord’s point about the sensitivity of some of these issues concerning whether these reviews should take place in person rather than virtually, on Zoom. We will certainly consider that.
Although the equivalent measures in the criminal justice system are rarely used, they are still an important feature of the justice system, as noble Lords will agree. There will be cases where the evidence from a witness or offender/defendant could be crucial but fears about self-incrimination might stop an individual coming forward and providing essential information. As with any case, prosecutors need to consider competing public interest issues, which, in these types of cases, include issues relating to the victim of the original offence.
The commencement of these provisions from 2016 is well overdue and, as the noble Lord, Lord Thomas of Gresford, said, this brings a sensible improvement to the service justice framework. I am sure the Committee will appreciate that it is not appropriate for me to speculate on how and when these provisions may be used in the future.
The Armed Forces Act does not extend to Gibraltar, so the statutory instruments made under the Act do not extend there either. The extent is simply the jurisdiction in which Armed Forces legislation forms part of the local law. Gibraltar is referenced as an exception, as Armed Forces legislation extends to all other British Overseas Territories. I do not know—I will find out and write—but I imagine that it is a historical quirk from some point in the past.
Finally, the whole question of MMR is contained within this, and it is an extremely important and valid point. We are trying to align these amendments with what is currently in the civil criminal law.
I hope the Committee will agree that, although these measures are technical, they are necessary to improve the functioning of the military justice system, and I therefore commend this instrument to the Committee.
(6 months ago)
Lords ChamberTo ask His Majesty’s Government what recent assessment they have made of land war readiness of regular and reserve troops across the armed forces.
My Lords, our Armed Forces are at all times ready to protect and defend the UK, and we continue to meet all operational commitments, both at home and overseas. The global security environment is undoubtedly challenging, and that is why this Government have committed to spend 2.5% of GDP on defence by 2030, including a £10 billion investment in the UK’s munitions infrastructure. We are also heavily investing in equipping and modernising both the Regular Army and the reserves. By 2026, the Army will have built the foundations for the force of 2030, with readiness and resilience fit for the next decade.
My Lords, I remind your Lordships’ House of my registered interests. The House of Commons Defence Select Committee’s report earlier this year, exploring our readiness for war, was scathing. The committee found that while our operational readiness is proven, our war-fighting readiness is in doubt and our strategic readiness has no measurable outcomes. All services are currently deployed above their capacity with significant capability gaps and have failed in their recruitment targets in every year since 2010. The Government accepted the recommendations of the Haythornthwaite review and promised a detailed response this year. Given the current recruitment and retention rate crisis across all services and the impact on our ability to deploy, when can we expect a detailed plan from the MoD?
My Lords, I am sure I do not need to tell anybody in this House that defence is an active, changing situation, and we need to change to events and threats as we see them. As I said, we invest significantly in Armed Forces readiness and will continue to do so. The Royal Navy has 22 ships—now nearly 28 ships—on order. The RAF has greater lift capacity than at any time, and the British Army was deployed in 67 countries last year. While there is a lot to do, if we think about the international, multinational operations that we are engaged in—Prosperity Guardian, Shader, Kipion and Steadfast Defender, to name just a few—let alone delivering vital aid in Gaza, we should be rightly proud of all their efforts.
(6 months, 1 week ago)
Lords ChamberMy Lords, on behalf of my noble friend Lord Tunnicliffe, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.
My Lords, since 2021, Defence has invested £1.5 billion across its accommodation portfolio, with thousands of homes being refurbished in the last financial year and more to be upgraded in this financial year. Currently, 96% of all service family accommodation meets or exceeds the Government’s decent homes standard and, although there is no national standard or comparator for military single-living accommodation, we hold ourselves to the defence minimum standard, which spans key issues such as safety, water, ventilation and heating among other factors, as outlined in our defence accommodation strategy.
I remind your Lordships’ House of my registered interests. Last year, the Labour Party commissioned an independent review of military accommodation. The Kerslake review was published last month and its findings were damning: flooded homes, collapsing walls, pests, mould and dangerous gas and electrical fittings are increasingly the norm. Some of the accommodation is in such a dire state that the MoD has been forced to reduce or scrap the rent for 4,000 serving personnel. The commission recommended that, as a first step, the MoD should commission an independent survey to establish a clear, current picture of conditions, setting out what is required to bring service accommodation up to standard. When can we have one?
My Lords, the Government fully recognise the vital importance of accommodation as a central part of the wider package we provide to those serving within His Majesty’s Armed Forces, and we remain committed to getting this right. We recognise and accept that there is still more to be done, alongside ongoing work to refurbish and upgrade what is an increasingly ageing and difficult property estate.
(6 months, 3 weeks ago)
Lords ChamberMy Lords, I remind the House of my entry in the register of interests, specifically my association with the Royal Navy.
Our service personnel are currently deployed in multiple theatres across the Middle East, reinforcing regional stability, protecting freedom of navigation in the Red Sea, fulfilling our ongoing commitments under Op Shader and of course assisting vital humanitarian efforts in Gaza. As ever, we are grateful for their service, their dedication and the sacrifices that they make daily to protect British national interests.
I ask the Minister to update your Lordships’ House on the new role of the RFA “Cardigan Bay” in helping to build the temporary pier on the Gaza Strip. How long is this deployment and what specific role will the UK play in the pier’s construction? As always, the Royal Fleet Auxiliary is on the front line supporting UK operations. My right honourable friend John Healey asked in the other place about the RFA, but the Minister there was seemingly unable to assist, so can the noble Earl confirm that the RFA is protected from his new Civil Service cuts? Can he provide an update on the current state of the industrial dispute with the RFA, given its important role?
My Lords, there were about six different questions there. First, I confirm that the UK Armed Forces operate under a number of international coalitions in the Middle East and have done so for some time. They include the Jordanian-led international effort for humanitarian aid into Gaza, the RAF drops, the support that we are giving in building the pier, the global coalition against Daesh, Operation Shader and Operation Prosperity Guardian. We do all that to protect life, uphold the rules-based international order and secure UK interests against malign forces in the region. “Cardigan Bay” is providing living support for the American soldiers and sailors who are building the bridge. It lies off Gaza now in international waters, and will be there for as long as it takes.
(7 months, 1 week ago)
Lords ChamberThe noble and gallant Lord makes a very good point, and it is certainly something that I will talk about. I could not agree with him more that operational security and force protection are at the very heart of what we are trying to do here, and must never be compromised.
My Lords, I remind the House of my registered interests, and specifically my association with the Royal Navy.
Our dedicated and professional service personnel are now deployed on several fronts in the Middle East, stabilising the region in the face of co-ordinated efforts by Iran and her proxies. Iran’s senseless aerial attack on Israel at the weekend undermined international airspace. Iran’s proxies in Yemen continue to undermine freedom of navigation in the Red Sea, and last week Iran seized the “MSC Aries” in the Strait of Hormuz, again threatening global maritime efforts. What additional capabilities are we planning to deploy to counter these threats?
My Lords, as the noble Baroness and most of the House are aware, we do not discuss these things in advance, for fairly obvious reasons. However, an enormous amount of diplomatic effort is being put into trying to calm matters and get a more stable situation out there. As I am sure people are aware, my noble friend the Foreign Secretary is out in Israel today, trying to ensure that any further escalation of what is potentially an extremely dangerous situation across the entire region is canned.
(8 months ago)
Lords ChamberMy Lords, I can do no more than assure the House that it is indeed an absolute priority for the Government.
My Lords, I remind your Lordships’ House of my registered interests, specifically my roles with the Royal Navy. I also put on record our thanks to my friend, the noble Lord, Lord Cashman, and to the noble and learned Lord, Lord Etherton, for everything they have done to keep this issue on our agenda.
Fighting With Pride has done an extraordinary job of raising the horrendous experiences of LGBT+ veterans who served prior to 2000, and I thank the organisation for its service. It is the least that we owe it, and the veterans it serves, to enact every recommendation in the review of the noble and learned Lord, Lord Etherton, especially recommendation 28. Can the Minister update us on whether the planned financial redress will be a blanket amount per affected veteran, or whether it will—as requested by Fighting With Pride—be applied on a case-by-case basis?
My Lords, when it comes down to it, it must be on a case-by-case basis, because a lot of the information that we have available to check and re-check exactly who has been so badly dealt with is either missing or not particularly accurate. I say again that anybody who has any interest in this should apply on the “LGBT veterans: support and next steps” page on GOV.UK. So far, we have only had just over 400 applications, which is less than we thought. We really want to make certain that this is absolutely comprehensive and that everybody gets paid—and all the other restorative measures, which are just as important, are taken—as quickly and practically as possible.
(8 months, 2 weeks ago)
Lords ChamberMy Lords, the noble Lord has greater knowledge than I have in this area. As far as the Lightning is concerned, we are fully committed to the 138, as we originally set out. We will have 48 by the end of 2025 and another 27 by the early 2030s. As far as flexibility on the aircraft is concerned, I shall have to find out the full detail and write.
I remind the House of my registered interests, specifically my roles with the Royal Navy. Last year, the Defence Select Committee in the other place highlighted that the proposed cuts to the F35B and Typhoon fleets, as outlined in the defence Command Paper, would significantly undermine our ability to exert combat mass in conflict. What risk analysis has the MoD undertaken to assess the value of high-capability platforms versus airframe mass in peer-to-peer conflict? Where is the balance between sovereign capability and sovereign mass?
My Lords, the noble Baroness asked a very detailed question. The key is that, as the threat changes, we need to change the capability to meet it. We work on very long lead times. All these aircraft are extremely complicated and need to be adjusted to meet the particular threat as it comes through. Through the relationship with Lockheed Martin and the Joint Program Office, we are trying to understand what the delay on some of the deliveries is. However, we do not currently anticipate a shortfall in the ability to build the UK Lightning Force to full operational capability by the end of 2025.
(9 months ago)
Lords ChamberI thank my noble friend for that question. The key is to keep diplomatic channels open—it has to be. That is the only way this will be resolved in the long term. On drone technology, we introduced a new set of sanctions in December, and last month all components and everything to do with drone technology were included in these stringent sanctions.
My Lords, Iranian influence in the Middle East and further afield is a destabilising presence, providing support for Hamas, Hezbollah, and the Houthis in Yemen, as well as Putin’s war in Ukraine. What strategy is the UK developing with our allies in the region to combat the malign activities of Iran and its proxies, including efforts to interrupt their weapons supply chains?
My Lords, the noble Baroness will know that we cannot go into any great detail on this sort of thing. However, we have a permanent presence in the area, as do our allies, and we maintain an integrated international force to act as a deterrent. We also use financial and other sanctions, disrupting supply chains for all forms of activity.
(9 months, 2 weeks ago)
Lords ChamberMy Lords, that is not something I am particularly expert in, but I can see that it is important to make certain that a contract has the correct clauses to ensure that, when things go wrong, the placer of the contract is suitably covered.
My Lords, I refer your Lordships’ House to my register of interests, specifically my ties to the Royal Navy. Our aircraft carriers are a core component of our conventional deterrent. While we welcome the fact that the “Prince of Wales” has deployed—we thank the crew for so quickly changing their plans—can the Minister tell the House what message it sends to our adversaries that we have had such struggles with our carriers in recent days? What assurances can he give your Lordships’ House that the carrier is able to complete this deployment in full, without further maintenance issues?
My Lords, that is precisely the question I asked earlier in a briefing. I am assured that the carrier which has left to join Steadfast Defender will certainly fulfil its commitments, and that the “Queen Elizabeth” is on her way to dry dock to find out exactly what is wrong.
(9 months, 3 weeks ago)
Lords ChamberMy Lords, while we welcome the Government’s eventual acknowledgement of the failure of the ARAP scheme to appropriately protect the Triples, I am appalled at how long it has taken to get to this point. The Government have launched a review. They are now promising an independent reassessment process that will be followed by a reconsideration of individual decisions which are not considered to be robust—all this while the Triples are either in hiding in Afghanistan or in Pakistan fearing imminent deportation.
James Heappey in the other place pledged that these reassessments would be done in 12 weeks. Can the Minister confirm that they will be concluded by the end of April and that the timescale will include the reopening of ARAP claims where appropriate? Given the number of people currently stranded in Pakistan, can the Minister update your Lordships’ House on current conversations with the Government of Pakistan to ensure that there are no further deportations to Afghanistan while this process is under way?
My Lords, your Lordships will remember from when we went through this issue the last time that it is not easy. I do not accept that we have made a nonsense of it. What we are trying to do is get it right. Some inconsistencies came up during the process that needed addressing, which is what we are trying to do. The information was held by the Afghan national Government. It was not held by us. Your Lordships will remember that we had 142,000 applications, of which 95,000 were original. We needed to get to the truth of it. As a result, we are looking again at all the refusals, which is the right thing to do.
(9 months, 4 weeks ago)
Lords ChamberTo ask His Majesty’s Government what assessment they have made of (1) the Royal Air Force Aerobatic Team Non-Statutory Inquiry Report, and (2) the Royal Air Force Aerobatic Team Command, Leadership and Management Report, published on 1 November 2023, relating to historical allegations of unacceptable behaviour within the RAF Aerobatic Team.
My Lords, the recommendations in both reports, the Royal Air Force aerobatic team non-statutory inquiry report and the command, leadership and management report, have all been accepted and implemented by the RAF. The findings of the investigations led to action being taken against personnel, up to and including dismissal from the service. Behaviours described by the witnesses in the reports are unacceptable and have no place in the RAF—or anywhere else for that matter.
The culture outlined in the reports about the Red Arrows is not limited to the RAF. Last month, 60 women in the MoD Main Building complained about the hostile and toxic working environment they face. The amount paid in compensation by the MoD for bullying and harassment has doubled in the last four years. These facts will inevitably impact recruitment and retention across our Armed Forces. Can the noble Earl tell your Lordships’ House how it has come to this and what he is going to do about this seemingly pervasive toxic culture?
(12 months ago)
Lords ChamberMy Lords, the people of Ukraine are on the front line of our collective fight against totalitarianism. They deserve nothing less than our full-throated and complete support. Can the Minister assure the House that as we are yet to see the promised 2023 action plan for Ukraine, we might get sight of the 2024 plan before 2025? Will he promise your Lordships’ House that it will be accompanied by a funding commitment, which we are yet to see, for year three of the war?
My Lords, the UK strongly condemns the appalling and illegal unprovoked attack that President Putin has launched on the people of Ukraine. We stand with Ukraine and continue to support its right to be a sovereign, independent and democratic nation. On the question of what our commitment is for the year to come, this is Ukraine’s plan for what it intends to do in 2024; it is not ours. Once Ukraine is ready to share that plan with the forces, we will of course be there in full support.
(1 year, 5 months ago)
Lords ChamberI thank the noble Baroness, Lady Anderson, for bringing this important Bill forward for debate today—it is a notable day. It is an honour to be here to confirm the Government’s ongoing support for it, and I thank all who spoke on this important matter. I also thank Scott Benton MP for initiating the process that has led to us debating this topic today. The Government are pleased to support this Private Member’s Bill, which will introduce a vital new right to request a predictable working pattern.
I watched the Bill’s progress through the other place with great interest, and I am pleased that it has arrived here for our consideration so swiftly. Its progress demonstrates just how much we can achieve through cross-party co-operation and the dedicated work of Bill sponsors across the political spectrum—in this case, Scott Benton MP and the noble Baroness, Lady Anderson. There is always an element of fragility in the parliamentary process for a Private Member’s Bill, but I am pleased that, so far, the Bill has met with consensus, and I hope that the same will be the case today.
Zero-hours contracts and other forms of atypical work are an important part of the UK’s flexible labour market, for both employers where there is not a constant demand for staff, and for individuals who need to balance work with other commitments such as childcare or study. However, as outlined by the noble Baroness, Lady Anderson, many workers experience the issue of one-sided flexibility, whereby workers have to be available to their employer with no guarantee of work. We recognise that receiving unpredictable and varying levels of income each month can make it difficult for some workers to pay their bills, especially during a time of cost of living challenges.
The Workers (Predictable Terms and Conditions) Bill will allow workers to request more predictable working arrangements, addressing this issue of one-sided flexibility, while also ensuring that workers are able to continue working on a zero-hours contract or another form of non-guaranteed hours or temporary contract if that is the type of contract which suits them. The Bill will allow individuals and businesses to strike the right balance between flexibility and predictability.
The Government fully appreciate that businesses are facing challenges, not least those associated with the rising cost of living, and it is vital that this new right does not place further burdens on our hard-working business owners. As the noble Baroness, Lady Anderson, explained, this new right will function in a similar way to the existing right to request flexible working. An employer will be able to refuse a request for a more predictable working pattern based on one of six specific statutory grounds, which are similar to those established for the right to request flexible working. These grounds build in vital flexibility for businesses, ensuring that they are not unfairly burdened by accepting requests which would, for example, generate burdensome additional costs or affect their ability to meet customer demand.
As the noble Baroness set out, the right will be available to workers who have been with their employer for a set period before they make their application. We will set this out in regulations and expect it to be 26 weeks. Given that this Bill targets workers with unpredictable working patterns, they will not have to have worked for their employer continuously during that period. This eligibility criterion ensures that as many workers with unpredictable working patterns as possible will be able to benefit from this new right.
Workers will be empowered and encouraged to start conversations with their employers about their working patterns, with the confidence that starting these conversations should not result in detriment to them. Businesses will benefit too from improved worker satisfaction, and therefore productivity. Accepting predictable working requests will allow businesses to retain valuable skilled staff. Facilitating high productivity, both through this measure and through the other five Private Members’ Bills we are supporting, will help to drive higher employment, better wages and economic growth—and hence, prosperity.
This House frequently adds much value and challenge through asking the right questions about the need for delegated powers in a Bill and their intended use. I am pleased to reiterate the assertion made by the noble Baroness, Lady Anderson, that the powers in this Bill are, as far as possible, in line with the delegated powers in existing legislation on the right to request flexible working. The powers contained in the Bill are also drawn as narrowly as possible.
The new right to request a more predictable working pattern is the latest in a series of measures that the Government have taken to support workers on zero-hours contracts and those on low pay. In 2015, the Government banned exclusivity clauses in zero-hours contracts, as the noble Lord mentioned, helping zero-hours contract workers to secure additional employment and boost their income. As of December 2022, this ban has been extended to exclusivity clauses in the contracts of workers with a guaranteed weekly income equivalent to or below the lower earnings limit of £123 per week. In April 2023, the Government increased the national living wage for workers aged 23 years and over by 9.7% to £10.42, the largest ever cash increase.
Further to these measures, the Government consulted on the right to request a more predictable contract in 2018, and the vast majority of respondents agreed with the creation of a right to request a more predictable working pattern. In response to this consultation, we committed to introduce a right to request a more predictable working pattern for all workers, including those on zero-hours contracts, agency workers and those on temporary contracts. This was followed by a commitment in the 2019 Conservative manifesto to introduce a new right to request a predictable working pattern. I am therefore delighted that the Bill reflects the Government’s previous commitments on this important issue.
The Bill forms part of a wider package of six government-supported Private Members’ Bills, which are delivering on our 2019 manifesto commitments on employment rights. Taken as a package, the Bills will enhance workers’ rights and support people to stay in work. They will help new parents, unpaid carers and hospitality workers. They will give all employees easier access to flexible working. I am delighted that four of the Bills have now gained Royal Assent and become law, and I look forward to seeing the predictable working Bill and flexible working Bill complete their parliamentary passages shortly.
I will address some points made by Members during this debate. While this is a Private Member’s Bill, I am pleased to explain the Government’s policy position on these points. On the question about employment law raised by the noble Lord, Lord Davies, the Queen’s Speech set out an ambitious legislative programme that includes a competitive set of Bills that enable us to deliver on priorities such as growing the economy, which will, in turn, help to address rising living costs and get people into good jobs. There is no employment Bill, but we are making good progress in bringing forward alternative legislation to deliver on our manifesto commitments on employment. I do not have the detail on the specific effects on pensions, so I will write to the noble Lord with the detail he requests.
On the issue raised by the noble Lord, Lord Palmer of Childs Hill, I believe that I have explained the length of time that needs to be applied, for both agency workers and other workers. On the question of flexible working and cancelled shifts, my understanding is that a consultation has been held and they are now waiting to respond in due course.
I mentioned the national living wage. While I take the point about zero-hours contracts, I believe that they now affect only 3% of the workforce—a very valuable part of the workforce, who are extremely useful for a lot of businesses with unpredictable work requirements. Some 75% of people on zero-hours contracts report that they work part-time, compared to only 24% of other people in employment, and 26% of people on zero-hours contracts are in full-time education, compared to only 3% of people in other employment, so they fulfil a valuable role.
On the point made by the noble Lord, Lord Leong, we entirely agree with the concept of an engaged and stable workforce. This involves a balance between workers’ rights and the need for employment; it always has, and, I imagine, always will. I completely understand the worry about the increasing pace of technology and the advance of AI, and what effect that may have on the employment numbers. The Government are looking at that most carefully.
Supporting the Bill is in line with the Government’s ongoing commitment to build a strong and flexible labour market that supports participation and economic growth. It has been encouraging to see that there is support from across the political spectrum in the House for this important measure, as is clear from today’s debate. I look forward to continuing to work with the noble Baroness, Lady Anderson, as the Bill progresses through this House.
My Lords, I thank all noble Lords for their contributions today, especially my noble friend Lord Davies of Brixton, who highlighted how far we still have to go. I also thank the noble Lord, Lord Palmer, for his support, my noble friend Lord Leong for making it clear that this legislation is supported by my Front Bench and the Minister for signalling the Government’s ongoing and continued support for this and the other legislation that follows as part of Private Members’ Bills. This is a stepping stone in the long journey of securing comprehensive employment rights for all who work in the UK, but it is a vital one for those who find themselves in insecure employment. It might not be perfect but it is an important step forward and I therefore invite noble Lords to support the Second Reading of the Bill.
Bill read a second time and committed to a Committee of the Whole House.