Defence

Debate between Lord Beamish and John Healey

Tuesday 7th May 2024 Commons Chamber

[John Healey]

I am afraid there is nothing cast-iron about the figures, the plan or, indeed, the proposals for paying for it. I will come to that in a moment.

Before I took the first intervention from the hon. Member for North Wiltshire (James Gray), I wanted to pick up a final point that was made by the hon. Member for Westmorland and Lonsdale (Tim Farron) on the question of reviewing what we need to face the threats that we now face. The Defence Secretary is dismissive about the need for a strategic defence review, despite the fact that his own Department is preparing for exactly that, whatever the result of the next election. That was confirmed in the House last month by the Minister for Defence Procurement. He also made the point a month before, when the right hon. Member for Bournemouth East (Mr Ellwood) talked about a defence review and the Minister for Defence Procurement said,

“he makes an excellent point.”—[Official Report, 11 March 2024; Vol. 747, c. 27.]

The problem for the hon. Member for Westmorland and Lonsdale, who was involved in the five years of coalition government after 2010, and the problem for the Conservative Front-Bench team, who have been in government for the past 14 years, is that people judge Governments on what they do, not on what they say.

The Defence Secretary mentioned his January speech at Lancaster House, and he is right when he argues that what we do on defence sends signals to the world. What signal does it send to Britain’s adversaries when our armed forces have been hollowed out and underfunded since 2010, as his predecessor admitted in this House last year? What signal does it send to our adversaries when defence spending has been cut from 2.5% under Labour to 2.3% now, when day-to-day defence budgets have been cut by £10 billion since 2010, and when the British Army has now been cut to its smallest size since Napoleon?

[Mr Kevan Jones]

The present Defence Secretary was chair of the Conservative party until 2016. Is it not also a fact that, when the Conservative party was in coalition government, it cut the defence budget by 18% and not only reduced the size of the Army but made people compulsorily redundant? Had a Labour Government done that, we would have heard howls and cries from Conservative Members.

NATO and International Security

Debate between Lord Beamish and John Healey

Thursday 19th May 2022 Commons Chamber

[John Healey]

No one on our Front Bench or in the House would disagree with that analysis. Our response was too little, and it was regarded as too weak. It was certainly too little and too weak to deter Putin’s belief that he could take the sort of steps that we have seen in the past three months in Ukraine.

[Mr Kevan Jones]

I agree. We took our eye off the ball. But I will not have lectures from the right hon. Member for North Somerset (Dr Fox), who was the one who withdrew our troops down in Germany in the rushed defence review. I remember he made a great statement at the time that we would never see tanks rolling across the east German plains again. We are actually back there, ruing the decision that was taken then.

[John Healey]

My right hon. Friend is right. I really do not want to make these sorts of points this afternoon, but the Prime Minister declared in recent months, before the Ukraine invasion, that the period of tank battles in Europe was over and justified the Indo-Pacific tilt and the deployment of defence priorities to areas outside the NATO area.

The point that I want to make is in part to recognise the role that the Defence Secretary has played. We in Britain are a bigger force for good not when we act alone but when we act with allies. I take this example from the Ukraine experience. Britain’s supply of anti-tank and anti-air missiles to Ukraine is a fraction of the total weapons provided by the west, but we have helped a great deal more by calling donor conferences, co-ordinating the logistics of delivery and reinforcing the will of other countries to help. So Labour’s full backing for the Government in providing military assistance to Ukraine will continue as we shift from crisis management of the current conflict in Donbas to delivering the medium-term NATO standard military support that Ukraine will need for Putin’s next offensive.

--- Later in debate ---

[John Healey]

My right hon. Friend is right in many respects. Some of the most significant arms reduction and arms control treaties have been negotiated and signed by this country under Labour Governments. That was true under Wilson, whom he cites, and it was also true under Blair. He is also right to remind the House that part of our unshakeable commitment to NATO and to the deterrent has been a commitment to leading multinational arms control, reduction and disarmament talks. We may have lost sight of those in recent years—they have certainly commanded little attention over the last decade from the Conservatives—but they are part and parcel of pursuing the fundamental values of NATO, of this country and certainly of the party on this side of the House.

[Mr Kevan Jones]

I concur with what my right hon. Friend has said, but is it not the case that we now need to be making the case for deterrence, so that when Putin is providing maps and threats of nuclear destruction for western Europe, we can say very clearly what the response would be? It is that deterrent stance that has kept the peace since the second world war, and we need to keep reminding him, when he makes those threats, of the reason that we retain a nuclear deterrent.

[John Healey]

My right hon. Friend is right. Clear and consistent communication is part of having an effective deterrent in place. It is not simply about the weaponry at hand.

Overseas Operations (Service Personnel and Veterans) Bill

Debate between Lord Beamish and John Healey

Consideration of Lords message
Tuesday 27th April 2021 Commons Chamber

[John Healey (Wentworth and Dearne) (Lab)]

Before turning to the amendments before us today, I want to place on record my thanks to all those who have worked so hard and so collaboratively on the Bill throughout its passage, although I have been dismayed at earlier stages when Ministers have tried to make the Bill a matter of party politics. I believed from the outset that Members on all sides in both Houses wanted the same thing from this legislation—that is, to protect British troops and British values.

The Lords have certainly approached the Bill in this constructive cross-party manner, and I want to thank in particular those on the Labour Lords Front Bench: Lords Tunnicliffe, Touhig and Falconer, and Lord Robertson for his tireless work on part 1 of the Bill, which the Minister has acknowledged. I also want to thank Lord Hope for his convincing arguments on the European convention on human rights, Lord Dannatt for his leadership of the duty of care amendment we are considering this afternoon, and Lords Stirrup and Boyce for their experience, their wisdom and their backing for all the Lords amendments that were sent to this House. I also want to thank the Minister’s colleague, Baroness Goldie, and indeed the new Minister himself for their similarly constructive approach.

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

I agree with my right hon. Friend’s comments about their lordships, but does he agree that if some of the amendments that were tabled in Committee had been adopted, the Lords would not have had to redo the work on the Bill? Is he as disappointed as I am that the Minister at the time would not take into consideration any amendments in Committee?

--- Later in debate ---

[Mr Kevan Jones]

May I also say to my right hon. Friend that it will not in the future either, because it will not, as the Minister said, stop vexatious claims coming forward, because they will have to be investigated? There is a huge hole in this Bill, which the former Minister refused to accept in Committee, about trying to case manage investigations, so people will still be investigated. There is nothing in this Bill to say that they will not be investigated, so it does not do what it says on the tin and it would be dishonest to people to suggest otherwise.

[John Healey]

My right hon. Friend is right. I have described it as the big gap in this legislation. It is a big flaw in the Bill. We may not succeed this time around, but we will certainly return to it in the Armed Forces Bill, which I will come on to. The proposals before us in this amendment are simple, flexible, tried and tested in civilian law, and backed by all the leading military and legal experts in the other place.

I urge the Minister this afternoon to confirm what he hinted at last week, and what his colleague, Baroness Goldie, said she would not stand in the way of yesterday. The Secretary of State made an offer to me in conversation last week to formally ask Sir Richard Henriques to examine this proposal as part of his current review so that it can be considered alongside other recommendations from that review for incorporation into the Armed Forces Bill. The Minister’s predecessor said at the very outset of this Bill’s proceedings in this House, on Second Reading back in November:

“The right hon. Member for Wentworth and Dearne raises time and again the issue of the investigations, but he knows that they are for the forthcoming armed forces Bill and will be addressed there.”—[Official Report, 3 November 2020; Vol. 683, c. 258.]

Of course, they are not, but we will ensure that they are. I say to the Minister that I hope we will be able to work together constructively on that, in a way that proved so difficult with his predecessor.

[Mr Jones]

But it was not for lack of trying. I moved three amendments in Committee, and not only were they fiercely resisted by the hon. Member for Plymouth, Moor View (Johnny Mercer), but there was no explanation of how and when in future legislation anything around investigations would be addressed, even though my right hon. Friend is right that the former Minister had given a commitment that investigations would be addressed in the Armed Forces Bill.

[John Healey]

Yes indeed. My right hon. Friend has worked as hard as anyone in this House on this Bill and I am really grateful to him for that. He has been part of what the Opposition, certainly, are now set to do, which is to forge a consensus on the changes needed to the Bill so that it better serves the interests of British troops, British justice and Britain’s standing in the world. I believe that we, as the official Opposition, and we as a House, have a duty to try to make this Bill fit for purpose as the new legal framework for this country when we have in future to commit our servicemen and women to conflict overseas. It falls short of that test at present. We will not let those matters rest.

This is a classic case of a Government who will win their legislation but have lost the arguments. When that is the case, the Government will find that those arguments come back again, not just from the Opposition but from all parties, not just from this House but from both Houses, and not just from Parliament but from all the range of outside organisations that together have been the chorus of criticism about so much in this Bill that is still left undone but will be done in future.

Overseas Operations (Service Personnel and Veterans) Bill

Debate between Lord Beamish and John Healey

Wednesday 21st April 2021 Commons Chamber

[John Healey]

I believe that if the right hon. Gentleman consults Lords Hansard, he will see that Lord Mackay was speaking to another amendment. I am talking about the four main amendments that are before us today.

I know there has been a long-running problem. The Labour party accepts and recognises the problem of baseless allegations and legal claims arising from Iraq and Afghanistan under both Labour and Conservative Governments. But the Bill, unamended, is not the solution, even though we have worked hard from the outset to forge consensus on the changes needed to make the Bill into legislation that best serves the interests of British troops, British justice and British military standing in the world. I take a perhaps old-fashioned view that it is our duty in this House and the other place to make this legislation fit for purpose, and ensure that it is a new legal framework for this country when we have in future to commit our servicemen and women to conflict overseas.

I thank and pay tribute to the work of the organisations that have been most active in helping parliamentarians in both Houses during the passage of this Bill with their expertise and views. Those organisations include Freedom from Torture, Reprieve, the Royal British Legion, the Centre for Military Justice and the Association of Personal Injury Lawyers. I also pay tribute to Members on both sides of this House, particularly the 15 who served with our Front-Bench colleagues on the Public Bill Committee and who have contributed so fully to the debates that we have had so far.

Let me turn to the Lords amendments on which I will concentrate. The reason that no Tory peers spoke in support of the Government on these amendments is because the Bill just does not do what it says on the tin—that is, protect British forces personnel serving overseas from vexatious legal claims and from repeat investigations.

I turn to Lords amendment 2. More than 99% of the 4,000-plus allegations against our troops arising from Iraq and Afghanistan would not have been affected at all by this Bill, because it relates only to the prosecution’s process and the prosecutorial system. That is why Lord Boyce, former Chief of the Defence Staff, said:

“The Bill’s significant emphasis on presumption against prosecution as a way of relieving some of the stress of legal proceedings”

is misplaced, and that,

“it is the investigation and reinvestigation process that…so…wears people down.”—[Official Report, House of Lords, 13 April 2021; Vol. 811, c. 1170.]

I turn to Lords amendment 4. Part 2 of the Bill strips forces and forces’ families of their current rights to civil justice and compensation if they suffer injury or even death as a result of MOD negligence. That is why Lord Stirrup, also a former Chief of the Defence Staff, said:

“It seems strange to me that a Bill with the avowed purpose of providing government reassurance to service personnel seems intent on preventing those very personnel from seeking redress from that same Government.”—[Official Report, House of Lords, 13 April 2021; Vol. 811, c. 1222.]

I turn to Lords amendment 1. The presumption against prosecution after five years increases the risk of British service personnel being dragged before the International Criminal Court. That is why the former Judge Advocate General—the military’s most senior legal figure—said in evidence to the Bill Committee itself:

“What it actually does is increase the risk of service personnel appearing before the International Criminal Court.”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 117-18, Q234.]

Of course, the ICC’s chief prosecutor has indeed written to the Defence Secretary while the Bill has been in Parliament

“to ensure that the exemption clause extends to all crimes within the jurisdiction of the Court”.

Otherwise it would “render such cases admissible” before the International Criminal Court.

I turn to Lords amendment 3. I am pleased that the Government have accepted the case for removing clause 12, which would have required Ministers to consider derogating from the European convention on human rights before committing British troops to overseas conflicts. We challenged this with a Labour amendment at the very earliest stage of the Bill’s passage through the Commons. The decision to drop the clause reasserts the UK’s commitment to an important treaty that Britain played a leading role in drafting. It is important too in allowing an avenue of justice for both British forces personnel and for victims.

Let me turn to the core of the debate and concern in the House of Lords, which is Lords amendment 1 and the Government’s counter-proposals before the House this afternoon. The Secretary of State’s decision to accept parts of Lord Robertson’s amendment to exclude torture, genocide and war crimes from the presumptions is welcome, and it is testament to the efforts of Lord Robertson, many other groups and, indeed, Members of this House. I pay particular tribute to the right hon. Member for Haltemprice and Howden (Mr Davis) and my hon. Friend the Member for Barnsley Central (Dan Jarvis), who together have banged the drum about the importance of torture not being carved out from provisions in the future.

The acts that Lord Robertson and so many Members of the upper House were concerned about are illegal and immoral. Under all circumstances, they must be investigated and, if there are grounds for the allegations, there must be prosecutions and punishment. The Minister talked about rectifying an omission with the Government’s amendments in lieu of Lords amendment 1. However, the Government are still picking and choosing some of the crimes that are covered by the Geneva conventions. Today they have picked out torture and genocide, but they are excluding the more general case of war crimes.

Torture and genocide should never have been included as offences within this Bill. Like sexual offences, there is no justification—there can never be justification—for them, so the decision now to exclude them is certainly a good step forward, and we welcome it and will support the Government’s amendments in lieu of Lords amendment 1. But can I urge the Minister, in the time between the consideration of these Lords amendments in this House and their being discussed again in the other place, to accept in full those crimes specified in Lord Robertson’s amendment 1, including war crimes, as excluded offences?

[Mr Kevan Jones]

Clearly those are the arguments we made in Committee, asking why sexual offences were excluded but these very serious crimes were not. If the Government have given way on two, I have not yet heard an explanation from the Minister as to why war crimes are not going to be excluded. It is not only right that they should be excluded but, in terms of the UK’s international reputation, it would save a lot of embarrassment. I want to avoid, and I think everyone wants to avoid, members of our armed forces ending up in the International Criminal Court.

[John Healey]

Indeed, my right hon. Friend makes an important point. I have touched already on the risk that this will undermine Britain’s international reputation for fully upholding and adhering to many of the international rules and laws that we were instrumental in drafting and creating after the second world war. The Minister describes torture and genocide as omissions from the provisions of the Bill, and he rectifies that with his proposed amendments in lieu of Lords amendment 1, but it is not clear, as my right hon. Friend says, why other crimes covered by the Geneva conventions, particularly war crimes, are still omitted, because exactly the same arguments apply to those as to the ones the Government have rightly conceded on and reflected in their amendments in lieu.

Let me spell it out for the Minister. Article 8 of the Rome statute says that war crimes are:

“Grave breaches of the Geneva Conventions”.

This dates back to 1949, just after the second world war. These grave breaches include:

“Wilful killing… Wilfully causing great suffering, or serious injury… Compelling a prisoner of war or other…to serve in the forces of a hostile Power”.

That is important because, as both the Judge Advocate General and the chief prosecutor of the International Criminal Court, and Members on both sides of the House this afternoon, have made clear, not excluding these offences makes it more likely that British soldiers risk being prosecuted and pursued in the ICC.

As my right hon. Friend rightly said, it is also about our adherence to and respect for international law. If we ourselves meet the highest standard of legal military conduct, we can hold other countries to account when their forces fall short. If we do otherwise, it compromises our country’s proud reputation for upholding the rules-based international order that Britain itself has helped to construct since the days of Churchill and Attlee.

I ask the Minister and his colleagues in the MOD, when the Bill returns to the other place, to include war crimes as excluded offences, along with the other exclusions that he lists in his amendments in lieu of Lords amendment 1.

--- Later in debate ---

[John Healey]

The right hon. and gallant Gentleman has experience of conflict. I do not know whether a legal mind, which mine certainly is not, would regard that as wilful killing, but as such, it is probably an act that is beyond the categories of specific crimes cited in the Government’s amendment that excludes them from the provisions of the Bill. That underlines the case I am making, for which I am grateful to the right hon. Gentleman, that that category of Geneva convention-defined crimes, including war crimes, really must be excluded from the presumption in this Bill; otherwise, we face the risks that we are discussing this afternoon of exposing our forces to potential action from the International Criminal Court, which none of us wants to see, and of dragging down the reputation of this country for upholding in full and fully adhering to the international rules and standards of military legal conduct.

I turn to Lords amendment 2, on investigations. I said earlier that the Bill does not yet do what it says on the tin. We were told that this Bill would bring an end to the harassment of forces personnel through repeated legal claims, but because it deals only with prosecutions and not with investigations, it will not do that. Only 27 prosecutions arising from Iraq and Afghanistan have been registered, yet 3,400 allegations were considered by the Iraq Historic Allegations Team and 670 from Operation Northmoor. Therefore, less than 1% of allegations were prosecuted. The problem here is investigations: the serious, consistent problems that lie in a system of investigation that has proved to be lacking in speed, soundness, openness and a duty of care to alleged victims or the troops involved. Those are all problems well before the point of decision about prosecution, which is the point at which the provisions of this Bill kick in.

The Minister describes the proposals in Lords amendment 2 as somehow premature and cites Henriques. I am aware, of course, that the Government have set up a review on this, but there have been three reviews already and he might want to ask his officials to dig them out for him. There have been three reviews in the past five years, with at least 80 recommendations on investigations that the Government could act on now. The Minister and his predecessor promised us that investigations reform would be a matter for the Armed Forces Bill, as my right hon. Friend the Member for North Durham (Mr Jones) has said, yet when that Bill was brought before the House nothing was included.

[Mr Kevan Jones]

I have sympathy with the Lords amendment on investigations, but I think that the new clauses 6, 7 and 8 that I tabled in Committee would have been far better. My new clause 8—I think it was that one—sought to put a time limit on minor investigations; they could go before a judge and be dismissed, and that would reduce the numbers. The other thing is the need to have judicial oversight of the investigations. That is not saying that we do not investigate things; it is about having rigour in ensuring that investigations are being done in a timely way, and can carry on if more evidence needs collecting, and that, likewise, reinvestigations can be opened only where a judge determines that new and compounding evidence is brought forward. That is the gaping hole still in this Bill even if we agree to the Lords amendment, which I have sympathy with. Without that, my right hon. Friend is right: this Bill does not pass the Ronseal test, because it does not do what it says on the tin.

[John Healey]

My right hon. Friend is right to say that there is a gaping hole. This is the gaping hole in this Bill, and it could be fixed. It could be fixed in the way that was proposed and passed to us by the Lords in their amendment 2. I guess the Minister might want to ask his officials to dig out my right hon. Friend’s new clauses 6, 7 and 8 from Committee, because, having served in this House for a long time with him, I can bet strongly that those new clauses will resurface in debate on the Armed Forces Bill, because once he gets his teeth into something, he is reluctant to let it go.

[Mr Jones]

My right hon. Friend is correct, but the problem is that the previous Minister promised that investigations would be part of the Armed Forces Bill and, lo and behold, they were not there. The Government have therefore had two chances to put this right and clearly have still not done it.

[John Healey]

Indeed. Madam Deputy Speaker, I am not going to get tempted on to the Armed Forces Bill any further in case you call me to order. Let me address my remarks to this Bill and these Lords amendments, particularly Lords amendment 2.

I have to say to the Minister that I am pleased that the Secretary of State has now taken a personal interest in this Bill, because that is helpful all round and I hope it will ensure that we can see it go smoothly on to the statute book. Lords amendment 2 proposes a tried and tested mechanism to improve investigations. It is not arbitrary, as the Minister told the House earlier. It is not a time limit; it ensures timely, not time-limited investigations. It is not unrealistic, because it has been tried and tested in civilian law. This is one of the reasons why the former Judge Advocate General is so keen on it. I am conscious that the Secretary of State believes that the proposals in Lords amendment 2 are somehow novel or that they may prejudice independent investigations. So I say to the Minister, and I have communicated this today to the Secretary of State, that they are not novel and they will not prejudice the independence of investigations, for the following reasons.

In civilian law, which is the model and the principle that we take here, there is in section 127 of the Magistrates’ Courts Act 1980 a six-month time limit on investigations for certain offences. It establishes the target, if we like, not a hard limit, and focuses the mind of the investigators. That is the principle that Lords amendment 2 seeks to establish.

On prejudicing independent investigations, the principle of judicial oversight of investigations has already been established, not just in civilian law but in military practice. I quote the former Judge Advocate General, who said in evidence to the Public Bill Committee:

“I introduced something called ‘Better Case Management in the Court Martial’, towards the end of my time as the Judge Advocate General. That puts time limits on investigations. The most important thing about it is that a case, early on, goes before a judge, and a judge then sets out a timetable of what various things should do.”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 116, Q231.]

In other words, it is not novel and does not prejudice the independence of investigations. It is a principle that is already established in the military system and established in statute in the civilian system. I hope the Minister will therefore accept the intent of Lords amendment 2, and that it is workable, is certainly in scope, is implementable and gives us the opportunity to fix really long-standing problems. I hope that he and the Government will start to see our proposals in this area as being additional to the current content of the Bill, not a direct challenge to it.

Let me move on to Lords amendment 4 and part 2 of the Bill. I cannot for the life of me I understand why the Government are asking their Back-Bench Members to support something that will strip away the existing rights of forces personnel and their families. It seems to me to be simply wrong for those who put their life on the line serving Britain overseas to have less access to compensation and justice than the UK civilians whom they defend or, indeed, their comrades whose service is largely UK-based.

Lords amendment 4 to part 2 of the Bill was designed to ensure that claims by troops or former service personnel are not blocked in all circumstances after six years, as they would otherwise be under the Bill. There are already safeguards in the Limitation Act 1980—at not just six years but three years—but this Bill now penalises a group of people by applying to them a unique deviation from that Act. It clearly constitutes a disadvantage for those armed forces personnel, their families and the veterans affected, and it directly breaches the armed forces covenant, as the director general of the Royal British Legion confirmed himself in evidence to the Public Bill Committee. Frankly, it really does beggar belief that Ministers are looking to strip from forces personnel and their families their right to justice—to penalise them instead of protecting them.

Let me put this into perspective, because I have sometimes heard Ministers dismiss this issue as affecting such a marginal, small group of people that it does not matter. Some of the cases that have eventually secured justice are deeply moving, deeply troubling and would have been blocked by this Bill. Numbers matter, but they are not the only criteria. Nevertheless, in the most recent financial year, the number of claims by forces personnel against the MOD for injuries was 2,796—up 70% on five years previously. Almost nine in 10 of those claims were for noise-induced hearing loss.

In speaking of hearing loss in evidence to the Public Bill Committee, the specialist forces solicitor Hilary Meredith said—and this points to the problem with the hard block after six years:

“In latent disease cases…it is not just about the diagnosis. Many people are diagnosed at death. It is about the connection to service. That connection to service may come much later down the line, and by that time they will be out of time to bring a claim.”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 6 October 2020; c. 18, Q30.]

It is plain wrong, and I hope that the Government will, at this late stage, reconsider giving those who put their lives on the line for Britain overseas less access to compensation than the UK civilians they defend. Since 2007, there have been at least 195 cases of troops that would have been caught by the Bill and prevented from pursuing a successful claim.

[Mr Kevan Jones]

Does my right hon. Friend agree that the only people who will benefit from this Bill are the lawyers? I cannot for the life of me think why a Government would want to put into statute something that will discriminate against former members of our armed forces. This will clearly be a test case in litigation, and I cannot see what justification the Government will use when that litigation goes ahead for why they have scooped out a certain section of our society away from the Limitation Act, as he outlined. It would be better if they gave up now, rather than spend a lot of time later on—which they will—when this gets tested in the courts.

[John Healey]

My right hon. Friend says that he cannot see why the Government are pursuing this, but the director general of the Royal British Legion could. When he spoke to the Public Bill Committee, he said:

“I think it is protecting the MOD, rather than the service personnel”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 86, Q163.]

He is right. When my hon. Friend the Member for Portsmouth South (Stephen Morgan) pressed him and asked whether it would breach the armed forces covenant in his view, he said:

“That is what we think, yes.”––[Official Report, Overseas Operations (Service Personnel and Veterans) Public Bill Committee, 8 October 2020; c. 84, Q155.]

I turn to the last of the four main amendments at hand today, Lords amendment 5, which was moved in the other place by Lord Dannatt and is on the duty of care. One of the things that struck me most when talking to troops and their families who have been through the trauma of these long-running investigations is that they felt cut adrift—cut adrift from their chain of command and from the Ministry of Defence. The Public Bill Committee heard really clearly from Major Campbell. He gave dramatic evidence, and I am sure that the Minister has followed this; in fact, he was on the Committee, so he will have been there. When Major Campbell was asked what support the MOD gave him, he simply replied: “there was none.”

Of course, for veterans, it is even worse. For them, there is nothing—not even the chain of command—there for them. Although some of the previous decisions that the Government have taken—for instance, to cover the legal costs of those involved in the Iraq Historic Allegations Team investigations—were welcome, there should be and there can be a higher standard to reach for us in this regard.

When Lord Dannatt moved this amendment successfully in the Lords, he said:

“Defence priorities change; the fortunes of military charities fluctuate; Ministers come and go; but the law does not change. Amendment 14 would bring into law the good ideas and intentions of well-meaning Ministers and officials with whom we are currently united in common cause but who are strangely reluctant to enshrine the fruits of their endeavours in a Bill which will become an Act of Parliament and thus part of our law—a law to protect our people for all time from vexatious investigations and prosecutions.”—[Official Report, House of Lords, 13 April 2021; Vol. 811, c. 1244.]

The former Veterans Minister wrote in his resignation letter last night:

“I remain genuinely appalled by the experiences of some of the Nation's finest people who have served in the Armed Forces.”

I say to the Minister, we can do better than this duty of care, particularly when the MOD has forces personnel and veterans subject to investigation or prosecution. I hope he will now accept this, so that we can establish a new duty of care standard and that legal, pastoral and mental health support is made available as a matter of course and a matter of duty by the MOD for those who are put under pressure and under investigation or prosecution.

I am coming to my conclusion, Madam Deputy Speaker. We are now legislating for the future. The Bill is not a framework that is fit for that future point when we must again commit our forces to conflict overseas. The Government are still getting important parts of the Bill badly wrong. I continue to believe strongly that, ultimately, the Government, Labour and the armed forces all want the same thing: we want to protect British troops and we want to protect British values. That is not, and should not be, a matter of party politics.

I end today as I ended our debates on Report back in November by saying this: it is late, but it is still not too late for Ministers to think again about the best way both to protect service personnel from vexatious litigation and to ensure that those who do commit serious crimes on operations abroad are properly prosecuted and punished. I urge the Minister and the Government to do just that in the very final stages of this Bill in Parliament.

Strength of the UK’s Armed Forces

Debate between Lord Beamish and John Healey

Wednesday 14th April 2021 Commons Chamber

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

Will my right hon. Friend give way?

[John Healey]

I will give way one more time, but then—conscious that nearly 40 Back-Bench Members wish to speak—I will make some progress.

[Mr Jones]

The hon. Member for Harwich and North Essex (Sir Bernard Jenkin) mentioned budgets, but is not it a fact that the defence budget has been cut by nearly 25% since 2010? Even with the increase that has been announced recently, the defence budget is now 5% lower than it was in 2010.

[John Healey]

My right hon. Friend is right, of course. There has been an £8 billion real-terms cut to the defence budget since 2010. That is part of the reason that we have seen 45,000 full-time forces cut over the last decade. I will return to some of those points.

For now, I want to make this point: we can destroy enemy forces with technology, but we cannot seize and hold ground without troops. Drones and robots do not win hearts and minds; they do not mend broken societies; they do not give covid jabs. These deeper cuts now planned could limit our forces’ capacity simultaneously to deploy overseas, support allies, maintain our own strong national defences and reinforce our domestic resilience, as we have seen our troops do to help our country through the covid crisis. Other countries have expanded troop numbers even as they develop technology. They do not see this as a “manpower or machines” question, but as personnel and technology together. Although high-tech weapons systems are essential, highly-trained personnel are simply indispensable, and size matters.

These planned cuts are damaging for four reasons. Let us call them “the four Rs”. The first is resilience. Cutting Army numbers reduces the UK’s national resilience by reducing our capacity to react to unforeseen circumstances at home and abroad—not just major wars, but insurgencies such as Afghanistan, international interventions such as Sierra Leone or Kosovo, and emergency support operations such as post terrorist attacks or during covid.

The second “R” is readiness. The rapid response required to the unexpected also requires highly-trained, adaptable, cohesive combat troops, which even the best reserves, called up as last-minute reinforcements, cannot provide.

The third “R” is renewal. The fewer troops and full-strength battalions we have, the less able the Army is to sustain long campaigns. Northern Ireland, Kosovo, Sierra Leone, Afghanistan and Iraq all required the long-term rotation of troops. We are a leading member of NATO. We are one of the P5 countries at the UN Security Council. We may again be called on to deploy and sustain forces away from the UK. We may not seek a major crisis, but we may well face a major crisis that comes to us.

The final “R” is reputation. The current Chief of the Defence Staff said in 2015 that the ability to field a single war-fighting division was

“the standard whereby a credible army is judged”,

yet the fully capable division mandated then, including a new strike brigade, will not be battle-ready for another 10 years according to evidence that the MOD gave to the Defence Committee in the autumn. A former CDS, General Sir David Richards, has said that further cuts to the Army would mean that the UK was

“no longer taken seriously as a military power”

and that this would

“damage our relationship with the US and our position in NATO”.

My second argument is that this is not just about numbers. In the face of growing threats and the increasing ambition for the global role that our armed forces will play, there is a strong case against, not for, some of the Government’s short-term capability cuts. Taking two Type 23 frigates out of service in the next two years will reduce the Navy’s anti-submarine strength. Ending the RAF’s E-3 planes will leave a two-year gap in airborne early warning before the E-7 Wedgetails come into service in 2023. The Army is losing nine Chinook helicopters, 14 Hercules transporter planes and 20 Puma support helicopters.

The third argument is one that I am sad to have to make, and it is this: we are faced now with more of the same. After a decade of decline since 2010, which the Prime Minister called an “era of retreat”, the Defence Secretary promised that this defence review would be different from the last two Conservative defence reviews, which weakened the foundations of our armed forces. They were driven by finances, not by threats, cutting full-time forces by 45,000 and cutting critical defence capabilities and upgrades, alongside plans for full capability forces in the future that have not been fulfilled. I fear that this defence review simply makes the same mistakes of the past.

Fourth and finally, in November, when the Prime Minister announced the extra funding as part of a four-year funding settlement, we welcomed it as promising a long overdue upgrade of Britain’s defences, so we are dismayed now by more defence cuts, despite this £16.5 billion boost. But I guess it is not hard to see why. The defence budget was balanced in 2012, and the equipment programme was fully funded, but Ministers since then have lost control. The National Audit Office has now judged the defence equipment plan unaffordable for the last four years in a row and reports a black hole of more than £17 billion over the next 10 years. This black hole in the defence budget has grown by £4 billion in the last year, on this Defence Secretary’s watch. The MOD’s annual report and accounts suggest that the annual marginal cost for 10,000 Army personnel is around half a billion pounds. This deficit alone each year could cover the cost of maintaining Army numbers three times over.

The new defence budget is not all it seems. Ministers talk about the rise in capital funding but not the real cut in revenue funding over the next four years, which means less money for forces’ recruitment, training, pay and families. It means a possible cut of 40% to the budget of the Office for Veterans’ Affairs. Worse still, over half this year’s £16.4 billion defence equipment budget is revenue-based for equipment support and maintenance. This revenue cut is the Achilles heel of defence plans. No other Whitehall Department is projected to have a cut in day-to-day spending between now and 2024-25. The Defence Secretary should never have agreed it.

This defence review and the defence and security industrial strategy announce nothing new that Ministers are doing to get a grip of the MOD’s budget failings and to make the most of this big, one-off opportunity from the extra funding. So I say to the Minister: get to grips with the budget, consider the concerns raised, rethink the plans and report back to Parliament before the end of June. Britain was promised better, Britain deserves better and Britain needs better from its Defence Department.

Armed Forces Bill

Debate between Lord Beamish and John Healey

2nd reading & 2nd reading: House of Commons
Monday 8th February 2021 Commons Chamber

[John Healey (Wentworth and Dearne) (Lab)]

I join the Minister in his tribute and thanks to the men and women of our armed forces—those deployed to standing commitments, from Cyprus to the Falklands; those serving as part of our NATO defences in Estonia or the UN peacekeeping in Mali; and of course those who are part of the largest ever peacetime deployment in this country, helping this country through the covid crisis. British forces are respected worldwide for their professionalism and for the values that we most admire: integrity, loyalty, discipline and service.

This Armed Forces Bill renews the legal basis for our armed forces and system of military law, and in turn also renews the nation’s commitment to our forces personnel through the covenant; and, with almost 70 speakers from all parts of the House, it is quite clear this afternoon that the House is determined, together, to do exactly that.

Labour supports this legislation. We share that aim, and we welcome the order that will follow this debate to extend the present Armed Forces Act from the end of May until the end of December, so that Parliament has the time to give the proper scrutiny to improving this Bill. As it stands, this Bill is a big missed opportunity—the opportunity to make good in full on the commitments in the armed forces covenant, so that Britain becomes the best country in the world to serve and to be a veteran; the opportunity to fix long-run problems for forces personnel, their families and veterans, which have become so clear over the last decade; and the opportunity to set a framework for the armed forces that is fit for the challenges and complex threats that Britain must face.

Let me make this point about the Armed Forces Bill, in particular to Government Members who are used to toeing the line on legislation. This Bill is different. This Bill is bipartisan and goes next to a Select Committee, not a Public Bill Committee. The Bill can be improved from all sides as it goes through Parliament. The Bill rests on the groundbreaking Armed Forces Act 2006, which consolidated half a century of service law. To stress the point, on Second Reading of that Bill, in 2005-06, a Government Back Bencher made a strong argument for a service complaints commissioner, which at first was knocked back by the Secretary of State, John Reid. However, by the time the Bill became an Act, the proposal from my right hon. Friend the Member for North Durham (Mr Jones) had been incorporated fully into the legislation. He will no doubt have fresh proposals for this Bill to put to this Secretary of State.

On clause 8, we stand fully behind the armed forces covenant and the aim to give it full legal force. In fact, in 2009 Labour in government consulted on introducing legally enforceable rights for the forces, their families and veterans, and our 2010 manifesto proposed to enshrine those rights in the armed forces charter. I am therefore pleased that the Secretary of State could say on publication of the Bill at the end of last month:

“For the first time ever we are putting into law the Armed Forces Covenant.”

The Secretary of State might just want to let David Cameron know that. In fact, he might be surprised to learn it, because he boasted in 2015 that he had already done so, saying:

“We are the first Government to put the military covenant properly into law”.—[Official Report, 4 November 2015; Vol. 601, c. 961.]

[Mr Kevan Jones]

I am sorry that the Minister did not want to take interventions. He said that the armed forces covenant is now 10 years old, but it is actually a lot older. It started in 2008 with the Command Paper under the last Labour Government, and the document he referred to, which came out in 2009, referred not only to putting the covenant into law but giving it teeth. The proposal in this Bill does not have teeth. Does my right hon. Friend agree that it is a bit strange that the weakened version that we have now has none of the proposals in the 2009 Green Paper? Let us also remember that this is the same Government who, in 2011, opposed the motion tabled by me and the hon. Member for Kettering (Mr Hollobone) to put the covenant into law.

[John Healey]

My right hon. Friend is right, of course. I want to stress, to the extent that I can, the cross-party, long-term and long-run support for many of these provisions. He is right that the covenant has its roots in the previous Labour Government—we called it a charter then, rather than a covenant—but over the past two decades, I believe we have made great strides in providing better services, support and opportunities for service personnel and veterans.

That is to the credit of Ministers who have made it their personal mission, of hon. Members on both sides who have championed the cause, of councils and local agencies that have delivered services to our veterans, and of service charities such as the Royal British Legion, Cobseo, the Confederation of Service Charities, the RAF Families Federation, SSAFA, the Armed Forces Charity and Help for Heroes, which have hugely improved Government policy, advanced public understanding and developed direct support for forces and veterans. Those charities welcome the Bill, as I do, but they are disappointed by the limitations of the legislation, as I am.

I must say to hon. Members that, if they read one background briefing for this Bill, they should make it the background briefing that the Royal British Legion has sent to us today. It rightly says that a decade’s experience of the covenant confirms that,

“the range of policy issues that have a significant impact on the Armed Forces community is wide and ever-changing: including health, housing, employment, pensions, compensation, social care, education, criminal justice and immigration”.

The Bill is too narrow. It covers only aspects of health, housing and education. The Bill creates a two-tier covenant. It applies only to local councils and local agencies, not to national Governments. The Government are letting themselves off the hook entirely when, as the Legion says, many of the areas in which forces personnel and veterans have problems are the responsibility of national Governments or are based on national guidance to delivery agencies.

[John Healey]

I welcome the hon. Gentleman’s interest in this. I think there is potential, as he indicates, for cross- party support for doing more than is currently in the Bill on the implementation of the covenant. The problem is not that it is prescriptive, but that it is prescriptively narrow at present, directed only at local councils and local agencies and not the responsibilities or services of national Government, and that it is too narrow, in that it mentions three areas when the lived experience of armed forces and veterans quite clearly raises problems on a wide range of other fronts. That is the lesson of the experience of the past decade and more—that is the challenge we must meet. This is a once-in-five-years piece of legislation and I want to ensure that we on the Opposition side play a part in helping Parliament to meet that challenge.

[Mr Kevan Jones]

I agree with my right hon. Friend, and I suggest that the hon. Member for Bracknell (James Sunderland) read the Green Paper of 2009, which actually set out some real teeth there, including setting out a clear charter of what was in the covenant; the ombudsman’s role, so that people could have redress; armed forces champions, as already mentioned by the Chair of the Select Committee; and a five-yearly review to coincide with the Armed Forces Act, so that the disadvantage could be looked at. Does my right hon. Friend agree that the Bill is letting Government Departments and the MOD off the hook?

[John Healey]

My right hon. Friend is right. He mentions teeth, and I will come to that in a moment. Members on both sides of the House and the Select Committee can help the Minister with his personal mission to do best by forces personnel and veterans. We can make this stronger and better than the missed opportunity that the provision in clause 8 represents. It is too narrow. It creates a two-tier covenant, and it is too weak. It offers no definition of what “have due regard to” the covenant means, and it offers no enforcement for members of the armed forces community who feel they have been let down.

That makes the statutory guidance that the Minister promised at oral questions last week essential before the Bill’s Select Committee scrutiny stage. When only one in 10 judicial reviews succeed and the cost of unsuccessful judicial reviews is upwards of £80,000, proposals for easy, accessible redress beyond a judicial review are also essential before the Select Committee stage. I trust that all Members on the Select Committee will want to pursue those shortcomings with the Minister. Let us not allow this golden opportunity to reinforce the covenant remain a missed opportunity, as it is in the Bill.

I turn to the service justice system and clauses 1 to 7. In the five years since the last Armed Forces Act, the Government have extensively reviewed the service justice system, with his honour Shaun Lyons reporting early last year, backed by a service policing review carried out by Professor Sir Jon Murphy. Many of the recommendations from those reviews are in the Bill. Lyons rightly said:

“Independent oversight is a critical factor in bringing transparency and building confidence in policing.”

We welcome the new Service Police Complaints Commissioner, modelled on the civilian police’s Independent Office for Police Conduct. We will want to ensure in the Select Committee that the Government get important details right on matters such as time limits for bringing complaints, protections for whistleblowers, scope to consider super-complaints and respective remits for the commissioner alongside the Service Complaints Ombudsman. We also welcome the expansion of the courts martial boards, with new rules on reaching qualified majority verdicts.

However, there are two big gaps. First, Ministers are missing the opportunity to improve confidence and results in cases of murder, manslaughter and rape committed by service personnel in the UK. As the Minister has conceded, Lyons recommended that those cases should be dealt with by the civilian justice system. He pointed out that the military courts secure convictions in only one in 10 cases of rape, while Crown Prosecution Service figures show that the civilian rate is around 50%. Such a move would restore the position that Parliament intended when the principle of concurrent jurisdiction was first introduced in the Armed Forces Act 2006. The Secretary of State has so far just said no but has offered no rationale for rejecting that recommendation, and the Minister this afternoon has again offered no justification for rejecting that recommendation.

Fire and Rescue Services

Debate between Lord Beamish and John Healey

Wednesday 5th September 2012 Westminster Hall

[John Healey (Wentworth and Dearne) (Lab)]

I congratulate my hon. Friend the Member for Houghton and Sunderland South (Bridget Phillipson) on securing this important and timely debate in Westminster Hall. It will help to underpin and underline the strong cross-party concern about the future funding of our fire services.

I pay tribute to the former Minister, the hon. Member for Bromley and Chislehurst (Robert Neill). He understood the fire services and had a long track record in local government. I hope that he may yet emerge from this reshuffle with another post. I also welcome the new Minister to his post and hope that he picks up the brief in the same way as his predecessor. May I say to him that we are here to help, as are his hon. Friends, the hon. Members for Birmingham, Yardley (John Hemming) and for Altrincham and Sale West (Mr Brady)?

Essentially, we are all here to argue our case. Many of us representing parts of the six metropolitan areas of South Yorkshire, West Yorkshire, Tyne and Wear, Greater Manchester, Merseyside and the West Midlands feel that the year one and year two cuts in the fire and rescue services were unfair, unequal and hard to justify. Let me explain. The settlement for the first two years brought cuts to the budgets of most of the 31 fire and rescue services across the country. It brought especially deep cuts in the six metropolitan areas, but it also brought funding increases to six of those fire and rescue authorities. The hon. Member for Meon Valley (George Hollingbery), a member of the Select Committee on Communities and Local Government—and the Minister’s hon. Friend—who represented one of the winning authorities in the first two years, described that situation as “ludicrous”.

The previous Minister said that he was surprised by that result. Some of those in fire and rescue authorities looking at grant increases over those two years were astonished, and many of us in the six metropolitan areas were angry. We heard and we took at face value what the Prime Minister and the Chancellor had said about all being in this together. We believed that the previous Minister misspoke in the Commons Chamber when he said that the poorest would have to bear the greatest burden in paying for the deficit. The situation that we faced in these first two years was indefensible. While six of those authorities were wondering how to spend the extra cash they had, the six metropolitan areas were working out how to cut 1,258 full-time firefighters, 69 retained firefighters and more than 550 other staff in this spending review period.

In South Yorkshire alone, we have to cut one in seven of our full-time firefighters. The fire chiefs have been reasonable and restrained in their response. They have accepted the year one and year two settlement. They have come together for the first time ever to make a joint case and they have produced strong evidence and strong reports. They have concentrated their concern on years three and four, on which the Minister will have to make decisions in the next month or so, and they have argued not that there should be no cuts but that there should be a flat-rate percentage cut for all 31 fire and rescue services across the country.

Many of us as Labour MPs in the six metropolitan areas believe that there is a case for reversing the pattern of cuts in years one and two in years three and four. We see the situation as iniquitous and inexplicable as well as indefensible. We are ready to back the fire chiefs and we have worked across area and across party to make that reasoned and restrained case to Government.

[Mr Kevan Jones]

Does my right hon. Friend not think that that would entrench the unfairness in the formula funding, and certainly would not help County Durham and Darlington fire service?

[John Healey]

My hon. Friend underlines the modest case that the fire chiefs have been making, which many Labour MPs have been prepared to back. Indeed my hon. Friend the Member for Houghton and Sunderland South did so today. The scheme does entrench the unfair pattern that we have seen in years one and two, but, from the fire chiefs’ point of view, it recognises that the Fire Minister, unless he is going to renegotiate the settlement with the Treasury for years three and four, will have to find cuts worth more than £130 million in the next couple of years.

Local Government Finance Bill

Debate between Lord Beamish and John Healey

Monday 21st May 2012 Commons Chamber

[Mr Kevan Jones]

As my right hon. Friend the Member for Greenwich and Woolwich (Mr Raynsford) pointed out, the Bill has not changed greatly since we last debated it. The underlying theme remains. As the Minister made clear, it has nothing to do with reform or enabling councils to implement a local scheme; it is actually about the Government’s deficit reduction targets. That is why they are so keen to aim for implementation in 2014.

The Minister seems to think—and I recall that the hon. Member for Mid Dorset and North Poole (Annette Brooke) said this during our last debate—that all local authorities are on a level playing field, but they are clearly not. The Minister suggested that, following the 10% cut in council tax benefit, councils could make up the difference if they wished to, which may be all well and good for councils in areas where the benefit is being increased. I hate to return to my favourite example of Wokingham, but a few weeks ago a very good article in the Financial Times stated that its budget was rising by 3%—unlike the budgets of authorities such as Durham, which are declining by as much as 15%.

We are not dealing with level playing fields; we are dealing with a strategy that the Government have worked out quite well. As we can see from the playbook according to which the Conservative part of the coalition is working, it is nothing new. The same strategy was adopted by the Conservatives in Canada in the 1990s. They made savage cuts in public services and devolved decision making to local level: in their case, federal level. What they were saying was “We are giving you freedoms, but we are ensuring that you take all the blame for the cuts.” The flexibility that councils will be given will, in fact, cause them great difficulty, unless they are in Wokingham.

That very good article in the Financial Times, published on 7 May, was headed “The well-to-do towns that austerity forgot”. I think that it is worth looking at, and not just because it makes it plain that the Government are rewarding their own councils while penalising poor areas. Let us look at the calculations for Wokingham. It is among the 8% of local authority areas—out of a total of 152—that are expecting a real increase in local government spending over the period set out by the Government. Meanwhile, 20% of councils, including Durham, are taking cuts in excess of 15%.

We are being told that we are all in this together and that what is being done is fair, but let us look at the difference between Wokingham and Wigan. In the index of multiple-deprivation, Wokingham scores 5.5 whereas Wigan scores 26. On average, there is an additional 1% increase in local government spending cuts between 2009-10 and 2011-12. Not only are local authorities in the north-east and other deprived areas suffering because their grants are being cut, but they are now going to be hit again by the council tax benefit cut. Local authorities will be told they are being given the flexibility to administer the scheme, but the result will be a 10% cut.

[John Healey]

My hon. Friend mentions Wigan in the north-west and authorities in the north-east, but the case he makes is equally true for many authorities in Yorkshire and the Humber, such as Barnsley and Rotherham. As he has access to the figures, he might care to look at them in this regard. Wokingham may be facing an increase in its grant, which is astonishing given that local government is taking such a hit across the board, but Barnsley and Rotherham are facing double-digit reductions in their grant, despite increasing need and increasing pressure on services in their communities.

[Mr Jones]

I agree. My right hon. Friend’s authority and mine are among those that are having to take £152 million out of the budget over the next four years. In Wokingham, however, the council is planning to overhaul its town centre at a cost of £30 million, and it is not closing its libraries and its voluntary sector groups have not lost their funding. In communities such as mine and that of my right hon. Friend, councils are having to find savings—and they are having to find them in areas such as libraries and non-statutory services.

In Durham, the bulk of expenditure goes on adult social care. The Labour-run local authority is rightly making sure the most vulnerable are protected, but that restricts where savings in the budget can be made. I send a clear message to the Liberal Democrats sitting on Durham county council that, as a result of their Ministers’ actions and their Members’ votes on this Bill, Durham and other local authorities are having to make savage cuts. The idea that they can be found simply through efficiencies is complete nonsense. No organisation could reduce expenditure so much without affecting front-line services.

[John Healey]

Does my hon. Friend agree that not only is the current settlement unfair, but it is the baseline for the future system, and the Bill will lock in that unfairness for at least a decade?

[Mr Jones]

That is a very important point. That will limit the ability of my council in County Durham and my right hon. Friend’s authority to effect any change. That will lock in the unfair and disproportionate effects, which have been caused by no account having been taken of deprivation. We have just heard a Minister saying this Bill takes account of equality, but it must be the first Bill in history that supports a system by which the poorest in our society and those councils with the largest need—growing aged populations and increasing numbers of looked-after children, for example—will suffer the most.

--- Later in debate ---

[John Healey]

I am glad to see my hon. Friend in his place. He has been an active participant in all debates on the Bill, including on Second Reading and in Committee. I have seen that work by the House of Commons Scrutiny Unit, which I think is useful and supports the point I am making to the hon. Member for Manchester, Withington (Mr Leech). If anything, the 16% figure is probably on the conservative side. My local authority in Rotherham calculates that non-protected, non-pensioner claimants of council tax benefit are likely to lose, on average, 19% of their support.

[Mr Kevan Jones]

To clarify my earlier point for the hon. Member for Manchester, Withington, who is obviously having problems with earwax tonight, I was not suggesting that pensioners should be taken out of that protection; I was making exactly the same point as my right hon. Friend is making. The fact of the matter is that the hon. Gentleman will go into the Lobby tonight to vote for some swingeing cuts to the lowest paid, including some of his constituents in Manchester, who no doubt will have their revenge at the next general election.

[John Healey]

My hon. Friend makes clearly and succinctly the points he made earlier.

I am concerned about the percentages, whether 16% or 19%, and the averages, such as the LGA’s calculation that non-pensioners are likely to lose, on average, £6 a week from the support they currently receive to help pay council tax. Percentages and averages are one thing, but the family, household or individual—the one in eight people currently entitled to council tax benefit who are in work but do not earn enough to cover their council tax bills without help—will face a reduction of perhaps £10, £12 or £15 a week, at a time when other costs are being loaded on them and they are struggling to make ends meet. They will find such a difference really hard to deal with. I hope that we do not lose sight of the sort of pressure that the Bill and the changes the Government are making will put on many households, including many that are working hard and have an entitlement that they simply will not have under the new system.

--- Later in debate ---

[Mr Kevan Jones]

Is not this yet another example of the Secretary of State’s schizophrenic approach to local authorities? His previous edicts have given advice on everything from pot plants to levels of chief executives’ pay to publications. He wants to give the impression that he is giving up powers, but in fact he is retaining them.

[John Healey]

To be honest, no Minister of any Government is immune to that temptation. I am sure that it would be possible for the Minister to find one or two examples where I myself might have made such moves as a Local Government Minister. However, we in this House have a right to challenge the Government on what they claim is the underpinning principle of the Bill and to point out how the principles they claim are not matched in their legislation. There is a strong, principled case for the Secretary of State to back off, loosen the reins, and let those in local government devise the schemes that they will be obliged and required to run.

There is a principled case and a practical case for the amendments. If the Government are able to set the key constraints and parameters of any scheme, and to do so at any time, it is entirely possible not only that local flexibility—the ability to tailor to local circumstances—will be undermined, but that local authorities will devise their schemes, set about implementing them, and then find that they have to revise them because the Secretary of State has decided to step in and make regulations under the many regulation-making powers that he has available to him in this primary legislation. If it is pensioners today, could it be carers tomorrow and ex-service personnel the day after?

[Mr Jones]

It could be cat lovers.

[John Healey]

Perhaps that is not as serious a case to put to the Government as ex-service personnel and carers, but my hon. Friend makes the point. If the Secretary of State had a particular concern about cat lovers, he could indeed use these regulations to make special provision for council tax support for them.

[Mr Jones]

I am sure that my right hon. Friend agrees that given their desperate state after the drubbing they got in the local elections, Ministers would do anything if it got them votes.

[John Healey]

Perhaps, Mr Deputy Speaker, I had better not pursue that. However, it is certainly true that given their drubbing a couple of weeks ago, the Liberal Democrats will have to chase votes wherever they can find them.

Amendment 1 is designed to challenge the Government to concede, and to give a commitment to this House, that should they use their powers under the Bill and make stipulations about the schemes that local authorities will run, they will at least consult local government before doing so.

Amendment 3, which also stands in my name, exemplifies my belief that, as my right hon. Friend the Member for Greenwich and Woolwich argued, this is a rushed reform that has been introduced without an ear to proper consultation or a thought to the consequences. The amendment attempts to flush out whether the Government have properly considered the impact of the Bill in relation to the provisions of the Localism Act 2011, which allows a local authority, in setting its budget and its council tax, to put to the vote in a referendum a level of council tax that it might want to propose for its area, and allows local residents to veto what they may regard as excessive council tax rises. Under those powers, a local authority must hold a referendum no later than the first Thursday in May of the financial year to which the council tax would relate. In practice, that means that a local authority will have to run contingency spending plans, budgets and council tax levels until the result of the referendum is known, and if it is unsuccessful, those contingency budgets will need to be put in place and new council tax bills issued. That process must take place around the turn of the financial year, and by early May at the latest, yet the Bill requires that the council tax support scheme must be designed and in place by January—before most local authorities finalise and agree their budgets and council tax levels, and certainly before the level in any referendum might be established.

That mismatch indicates that this reform is ill thought out, rushed and likely to be wrong, and it reinforces the arguments that my right hon. Friend made about his amendments 6, 7, 10 and 13, to which my name has been added. There are good reasons for making this part of the benefits system local, but there is no justification for doing it by making harsh cuts to the national and local totals of spend available, by capping the totals against any future rise in needs or costs, by requiring local councils to carry all the risk of any increases in claims, or by forcing very big cuts in council tax support for many of those who need it most.

When we last debated this in Committee in January, my right hon. Friend and I noted that councils were faced with an extraordinarily tight timetable of 12 months until the point at which they would have to have these new schemes in place. That period is now eight months. There is no time to consult local residents, to design the computer software systems necessary to run these schemes or to test them and put them into practice, to work out how the tapers to the new universal credit system will have to work with the council tax support system, or to plan for the new local scheme in the context of next year’s budget planning by local authorities.

This is a disaster waiting to happen. The Government have not done the work needed for local government to do the work that it needs to do. I say this to Ministers: take a leaf out of the Health Secretary’s book, pause, listen, and be prepared to put back the start of this scheme from April next year to April 2014.

Local Government Finance Bill

Debate between Lord Beamish and John Healey

Tuesday 31st January 2012 Commons Chamber

[Mr Jones]

My hon. Friend says that the figure is 56%. Only 2% of properties in Surrey are in band A. The ability of councils in the north-east to raise additional funds is severely limited.

[John Healey]

My hon. Friend is talking about plugging the hole caused by the 10% cut and highlighting the feeble arguments from Ministers about the flexibility around the second home discount. Has he asked himself why the Government have not considered the single person’s discount, which is worth £2.4 billion in total—more than five times the 10% cut?

Local Government Finance Bill

Debate between Lord Beamish and John Healey

Wednesday 18th January 2012 Commons Chamber

[Mr Kevan Jones]

The reason the Bill is being taken on the Floor of the House is that there is no business—the business is in a logjam up in the other place.

It is important that the Bill gets detailed scrutiny. As my hon. Friend the Member for Warrington North (Helen Jones) said, in a Public Bill Committee, we would have been allowed not only to scrutinise the Bill, but to take evidence from councils, professionals and others with such expertise. We will not have that opportunity. As one who sat on one of the very first pre-legislative scrutiny Committees back in 2001—it was on the Civil Contingencies Act 2004—I was converted and became a great fan of such pre-legislative scrutiny. That Committee was given the chance to look at the proposals in detail, and as my hon. Friend said earlier, the Bill will bring about a radical change in local government finance in this country.

We had just over three hours last week on Second Reading.

[John Healey]

Two hours for Back Benchers.

[Mr Jones]

As my right hon. Friend says, we had two hours on Second Reading for Back Benchers. What we will see with this Bill is what we have seen with a number of Bills. They fly through the House at the speed of light only to land in the other place to be picked apart slowly but surely because of their terrible drafting and the draconian implications they will have for many of our constituents. I can foresee exactly what will happen with this Bill. When we look at the next few weeks of business programmed for the House, we can see that we could have unlimited time to debate the Bill, but time will be limited, and the Government will push the Bill through with undue haste because they are determined to do so.

As has already been said, the time scale set out in the Bill leaves councils with a huge dilemma, which is why I support amendments 20 and 21 to 25. I said this on Second Reading, but I will say it again: the Bill is highly political in the sense that the Government are shifting blame from themselves to local councils under the guise of localism. A good example of that in the Bill is the administration of council tax benefit. The measure contains a poison pill. Local councils must defend their decisions on implementing a 10% cut locally. Clearly, the Minister and the Secretary of State will turn round and say, “It’s not us, Guv; it’s local councils.” That has been the Government’s approach to responsibility throughout. It is nothing to do with localism; it is a highly political and cynical attempt to deflect the blame from where it should lie—it should lie with the Government, not local councils.

[John Healey]

My hon. Friend makes an important point that counters the assertion of the hon. Member for Poole (Mr Syms). He said that Opposition Members argue that the Government are going too far too fast with the Bill because we do not know what to say about it. Does my hon. Friend agree, to the contrary, that the local authorities that must implement the Bill are worried about the rapid time scale? Authorities in Yorkshire and the Humber have told us that they are concerned about

“the rapid timetable for these reforms, given the huge levels of complexity involved and the radical implications they will have on councils’ ability to fund services to local communities”.

That is why my hon. Friend the Member for Warrington North (Helen Jones) was so right to table the amendments.

[Mr Jones]

I agree totally with my right hon. Friend. The Bill also has the backdrop of councils having to introduce draconian cuts—County Durham must take £125 million out of its budget over the next four years.

That is alongside the uncertainty in the Bill. Neither hon. Members nor councils know about the regulations, and they will not know exactly how the rebate system will work. When they are budgeting for future years, it is important that councils know what they can do. The time scale in the Bill means that they are walking into the new arrangements blind. They do not know what they must deduct, because we do not have the regulations before us.

--- Later in debate ---

[Mr Kevan Jones]

Is my right hon. Friend surprised that we are returning to having a Conservative Government who are quite clear that they will reward the areas that vote for them and write off whole swathes of the country, including the north-east?

[John Healey]

Like my hon. Friend, I am not surprised by that. I seriously question whether the scheme will work even on its own terms, but I support the principle of a system that provides some rewards and incentives to local authorities so that they better support growth in business, jobs and the economy. The cost of doing that in the Bill and under the new system is very great given that they take no account of need or resources, and do away with the decades-old principle of equalisation.

Future of the NHS

Debate between Lord Beamish and John Healey

Monday 9th May 2011 Commons Chamber

[John Healey]

The independent sector treatment centres played a part in clearing the backlog and improving waiting lists. They introduced the extra capacity that allowed the Labour Government, through a combination of investment and reform, to achieve the highest levels of patient satisfaction with the NHS ever and the lowest waiting times ever.

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

My right hon. Friend will have seen the nauseating, sanctimonious and preaching sermons of the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) after the election results on Thursday. Does he understand why the right hon. Member for Wokingham (Mr Redwood) and others are concerned that the Liberal Democrats are going to scotch a policy that they have been signed up to from day one?

[John Healey]

My hon. Friend is absolutely right, and he makes the point that I have begun to make to the House. The Liberal Democrats have been up to their necks in this for the past year, and welcome though their late conversion is, the House is entitled to ask exactly why the Deputy Prime Minister now believes that radical changes to the Health and Social Care Bill are required.

National Insurance Contributions Bill

Debate between Lord Beamish and John Healey

Thursday 13th January 2011 Commons Chamber

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

Does my right hon. Friend agree that the NHS will incur another huge cost—a cost that will not go towards improving patient care—owing to the announced reorganisation of the NHS? For example, with the abolition of the primary care trust in my constituency, most of the money will go on redundancy and organisational costs, which will be another burden and, basically, a cut in the NHS budget.

[John Healey]

It is an extraordinary state of affairs that a series of serious and significant pledges, set out formally in the coalition agreement in May, should have been broken in the White Paper produced by the Health Secretary in July. My hon. Friend is right: the one thing that the Government promised not to do in the coalition agreement was to go ahead with a top-down internal reorganisation, but that is exactly what is now planned. It could cost up to £3 billion. It is high risk and high cost; it is exactly the wrong thing to do at this stage, when the NHS is facing such tight financial pressures. I also have to say to the Minister that his colleagues are already showing signs of strain.

I am anxious to return to the amendment that the House is discussing. The House will notice that it refers to the National Audit Office, which is an independent, authoritative body. The Minister will appreciate the assessments, analyses and authoritative views of independent bodies. He and his colleagues set up the Office for Budget Responsibility. Its independence has—shall we say?—been put on perhaps a slightly more questionable footing than that of the NAO, but it is nevertheless an important organisation. Indeed, the problems of the hon. Gentleman and his colleagues were compounded when their Office for Budget Responsibility updated the economic forecast and the fiscal numbers in November. One of the significant changes in its independent, authoritative assessment of this country’s economic prospects was to its forecast for inflation, thereby changing the deflator—in other words, the amount by which the Government and everyone else anticipate that costs in general, and Government spending in particular, will rise. Instead of a GDP deflator for 2011-12 of 1.9%, as set out in the OBR’s June report, its updated economic forecasts in November gave a deflator of 2.5%.

In other words, even before we take into account the double-counting of funding for both the NHS and social care, we have, instead of the wafer-thin rise of 0.1% for England that the Chancellor promised, a much heavier cut, of 0.5%. That has been confirmed by the Library, and by independent, authoritative bodies in the health field and the Select Committee on Health, which said in its report into public expenditure on 14 December that

“the Government’s commitment to a real terms increase in health funding throughout the Spending Review period will not be met.”

So the Government are breaking their promises to protect NHS funding in England, Scotland and Wales. Next year, Scotland is now being short-changed in NHS funding by £70 million, while Wales is being short-changed by £40 million. In total next year, there will be a shortfall from the promise made by the Government to the British people in their coalition agreement of more than £1.3 billion—not a rise in NHS funding next year, but a cut. On 20 October, the Chancellor promised to increase health spending over and above inflation. That promise is being broken by £1.3 billion.

Our amendments today, including amendment 8, are intended to be helpful, as I said to the Minister. They are intended to demonstrate how the Government can deal with the problem, if they have the will to keep their promises on funding for the NHS. We endeavour to act as a responsible Opposition, as our leader promised we would. The amendment is therefore designed to show helpful ways in which the Government can use this legislation to keep good both the Chancellor’s word and the Government’s promise to protect NHS funding, and thereby to see a real increase each year in this Parliament, and not, as at present, to deliver a real-terms cut.

The amendment suggests having an independent assessment and a report carried out by the National Audit Office. The independence is important: it is designed to try to give the public more confidence in what the Government are doing; to give this House more confidence in what they are doing; and to give everyone more confidence that what was a central promise from the Government and a personal promise from the Prime Minister is in fact being met.

This subject came up at the last Prime Minister’s Questions before Christmas, and it was interesting to note that the Prime Minister told the House:

“I am confident that we will fulfil our goal of real-terms increases every year in the NHS.”—[Official Report, 15 December 2010; Vol. 502, c. 902.]

That will not happen next year. The Exchequer Secretary is a talented Minister and he has an opportunity to give his big boss, the Prime Minister, the confidence that he clearly wishes to see by accepting the amendment and allowing the NAO to do an independent report, demonstrating the extent of the shortfall and the extent to which the Government are breaking their promise fully to fund the NHS. By doing so, he would do the House and perhaps even himself a favour.