Armed Forces (Flexible Working) Bill [Lords]

Debate between Lord Beamish and Gerald Jones

3rd reading: House of Commons & Report stage: House of Commons
Monday 29th January 2018 Commons Chamber

[Mr Kevan Jones (North Durham) (Lab)]

Does my hon. Friend agree that the reason why the female intake is so important is that we have a pretty atrocious record of females getting to senior positions in all three services? If we are to change that, we need young women joining now.

[Gerald Jones]

My hon. Friend is absolutely correct, and I wholeheartedly agree with him.

This highlights more than ever that active steps need to be taken if we are to reach the targets that are in place. The new advertising campaign for the Army is a good example of that. In spite of the negative reaction in some parts of the press, we welcome this new campaign and think that it is quite right that the Army does not limit its recruitment pool, but looks to get the best people from across society.

Armed Forces (Flexible Working) Bill [ Lords ] (First sitting)

Debate between Lord Beamish and Gerald Jones

Committee Debate: 1st sitting: House of Commons
Tuesday 14th November 2017 Public Bill Committees

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

I beg to move amendment 1, in clause 1, page 1, line 18, at end insert—

“(3B) The proportion of regular forces serving on a part-time basis in any single regiment may not exceed 15% of the total regular forces serving in that regiment.”

This amendment limits the proportion of part-time regular forces to no more than 15% of any regiment.

This is a probing amendment that seeks clarification from the Minister on how the Bill will work in practice, and specifically whether there will be any kind of cap or upper limit on the number of personnel on part-time working. The amendment refers to no more than 15% of any single regiment serving on a part-time basis, which is simply a way to establish whether the Government have any plans to place a limit on personnel who work part time, and at what level a cap would be placed.

There are significant problems with recruitment and retention in our armed forces, which is one reason for the Bill. As of September 2017, the regular armed forces were at a 5.3% deficit against the liability—an increase in the deficit from 4.1% under the liability in September last year. Furthermore, the outflow of regulars continues to outpace intake. Voluntary outflow is the main source of outflow, so most personnel who are leaving are doing so before the end of their agreed engagement or commission period.

The pay review body highlighted in its most recent report that issues with recruitment and retention have been acknowledged by the Department:

“In evidence MOD stated that there were recruitment and retention challenges across all Services for certain groups in the engineering and aviation cadres. It stated that recruitment of Regulars had continued to be challenging throughout 2015-16”.

Our armed forces are not in a situation where they can feasibly allow a significant number of personnel to work part time.

The Government’s fact sheet for the Bill says:

“We anticipate from the existing evidence that there will be a very small initial take up of the new flexible working arrangements, no more than 1% when they are implemented in April 2019. We anticipate that this will increase slowly as cultural change is fully embedded over the next 10-15 years.”

However, there is no indication of what the Government expect that figure to grow to and whether there will be any limitations on numbers.

The amendment highlights the fact that problems are more likely to emerge if a much greater proportion of those in specific roles want to work part time, particularly if they are in operational pinch points. OPPs are branch specialisations, sub-specialisations or areas of expertise where the shortfall in trained strength is such that it has a measurable detrimental impact on current, planned or contingent operations. As of April this year, there were 15 OPPs in the naval service. The key pinch points relate to engineering roles, plus some specialist roles such as warfare specialists. The Army has four OPPs, the key ones being logistics roles, and the RAF has 11 OPPs, where the key pinch points are in engineering and intelligence roles, as well as shortfalls in the aircrew branch. The Bill’s administration fact sheet says:

“The Approval Authority will take into account the chain of command’s recommendation, overall manning levels of the Service and the individual’s trade, and any specific skills held by the Service person.”

Presumably that means those from OPPs are automatically ruled out.

While I am not expecting the Government to accept the amendment, I hope that the Minister will answer some questions that were not addressed on Second Reading. Will there be clear limits on the number or percentage of those working part time in any specific regiment? How would that look in the RAF and the Navy? Would the percentages be universal or different for each service? If somebody applies for part-time working after that limit has been met, will they automatically be rejected? Will personnel from OPPs not be given the option to apply for part-time working, or will they be allowed to apply but, because of their trade, have no chance of being accepted?

[Mr Kevan Jones (North Durham) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Dorries. I want to expand on some of those issues.

As my hon. Friend said, this is a probing amendment, but it goes to the heart of the entire Bill and how it will be implemented in practice. Will the 15% limit operate in the same way across the three services, and how will it work within each individual service? Let us take trades, for example. We all know that fast jet pilots are quite a small pool of individuals. If someone from that pool wanted to work part time, that would obviously have an adverse effect on the capability of that frontline unit. Likewise, if 15% of a ship’s crew suddenly decided to apply for part-time working, on what basis would a decision be arrived at in terms of operational effectiveness? As my hon. Friend said, there are certain niches or pinch points within the Army, with trades that are in scarce supply because of recruitment problems. What limit would be put on the number of those individuals who could apply for part-time working?

I would like to get an understanding from the Minister of how this proposal will work across the various ranks. There is a big difference, for example, between a private and a general applying for part-time working. We can envisage a situation where a senior officer in all three services wanted to go part time. One aim that General Carter has put forward for the legislation is to encourage opportunities for more family-friendly working practices, and obviously there is the aim of encouraging women not only to join the armed forces, but to advance up the career path. I would therefore like to know from the Minister what the rules are. Will there be uniform rules across the ranks for how individuals, and what percentage of individuals, would be covered?

Having read the Bill, I am not sure whether this issue is covered. Clearly, the ultimate decision is about the operational effectiveness of our armed forces. We could not have a situation in which, even if there was a 15% upper limit, we took out an entire capability that was needed by our armed forces.

I would be interested to know, through the probing amendment tabled by my hon. Friend, what the appeals mechanism is. One issue in the armed forces is women not advancing up the pay spine or rankings because of breaks in service and other situations, so what would be the appeal mechanism? If someone felt that they were being unfairly denied part-time working, what would be the process? If it relates to a female member of the armed forces, is that not opening us up, potentially, to a claim of discrimination against that individual if she feels that that is the reason why she has been denied part-time working?

--- Later in debate ---

[Gerald Jones]

I thank my hon. Friend for that intervention. She has highlighted one of the many concerns that we have around the work of the contracts, or the way that the contract is not working for families in our armed forces.

Last year’s National Audit Office report on service family accommodation was damning of Carillion’s performance:

“The performance of CarillionAmey has been totally unacceptable”.

Although I welcome the action that has been taken, the Government had the option to terminate the contract, yet they did not, which leaves me with some concerns about how seriously the matter is being taken. I appreciate that there have been some improvements, but reports have shown that continued dissatisfaction with the delivery of the contract is still widespread. For those in service family accommodation, satisfaction with the quality of maintenance/repair and with response to requests for maintenance/repair fell to just 28%, which is very alarming indeed.

Of course, this is all in the context of many personnel seeing increased costs for their accommodation and ongoing pay restraint. The pay review body commented on that in its latest report:

“A key consideration in people accepting the increases in charges being seen…will be a clear improvement in both the overall quality of the housing stock and the effective delivery of maintenance services.”

I would like to hear whether the Department has any specific plans to take action to improve performance and at what point we might see that happen.

Recruitment and retention issues are at the heart of the Bill, and housing is a crucial factor in that. I hope the Minister can give me some assurance and answer my questions about how the new working practices will impact on housing allocation, what the latest progress with the future accommodation model is and how the Government will deal with housing contracts if marked improvements are not shown.

[Mr Kevan Jones]

I would like to get an understanding of how the housing of someone who works part time will be dealt with. Housing has always been seen as part of the overall remuneration package that armed forces personnel get. We will potentially have a situation where someone who works part time lives in a house next door to someone working full time, with both getting the same housing package. If someone goes part time, will there be a way to recoup some of the advantage, or will they continue as if they are working full time? I can see that creating some issues, where people working full time and people working part time are getting the same benefits. How will the Ministry of Defence address that? There could be an issue of perceived fairness for the individual working full time and the idea that someone is getting benefits that they are not working for. I would like to know how the Minister thinks that would be addressed when this is rolled out.