Armed Forces Bill

Debate between Lord Beamish and Kirsten Oswald

Monday 11th January 2016 Commons Chamber

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

I support the amendment. Tomorrow will be the 16th anniversary of the Labour Government abolishing the draconian regulations that meant that someone who was gay or bisexual could be dismissed from the armed services, so it is apt that we are agreeing to the amendment today.

It is strange how things work out. I moved similar amendments in Committee and on the Floor of the House. I pay tribute to the Minister, whose approach to the Bill has been constructive, ensuring that practical measures such as this are taken forward. I accepted during earlier stages of the Bill that the measure should apply also to the merchant navy, and I look forward to the Government introducing legislation to mirror this provisions for the merchant navy.

I join the Minister in paying tribute to Professor Paul Johnson, professor of sociology at York University, who not only gave evidence to the Committee but in my conversations with him assisted me and ensured that I understood that the legislation currently on the statute books was discriminatory. As the Minister rightly said, it means nothing, but for lesbian, gay and bisexual potential members of the armed forces, the measure expunges those provisions from the law. That should be celebrated. I wholeheartedly support the new clause, which is a great step forward.

[Kirsten Oswald (East Renfrewshire) (SNP)]

The SNP fully supports the Bill. We appreciate the requirement that Parliament’s consent is given, and we appreciate too the significant contribution made by members of our armed forces. We support progressive change in our armed forces and welcome the Government’s actions to address discrimination against LGBT personnel.

The SNP welcomes the new clause and the action from the Government, which is a step forward for better LGBT rights among our armed forces personnel. I am very pleased that the Minister has felt able, as he put it, to uncouple this from other legislation which was previously thought to hamper such progress. I echo the words of the hon. Member for North Durham (Mr Jones) in looking forward to the Government moving similar provisions forward in relation to the merchant navy.

It is scarcely credible that we are discussing this in 2016. The existing provision is discriminatory and it is offensive that it exists. Notwithstanding the fact that it has not been used for a number of years, we welcome the fact that the Government are finally removing the provision, as they should, because it has clearly infringed the rights of LGBT people over a number of years. I am pleased that this was the clear view of all members of the Committee and, as we have heard, of witnesses as well, who noted that the existing provisions were out of step with where our armed forces are now.

Armed Forces Bill

Debate between Lord Beamish and Kirsten Oswald

Wednesday 16th December 2015 Commons Chamber

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

It is a pleasure to serve under your chairmanship, Mr Bone.

I think this is my third Armed Forces Bill, and it is a minnow compared, for example, with the 2006 Act. However, it covers important issues that affect not only the operation of Her Majesty’s armed forces, but the discipline needed to ensure their effectiveness. As the Minister has outlined, it is an important constitutional Bill because it reaffirms the need for a standing Army to protect the freedoms that we have all come to rely on in this country. I look forward to the progress of the Bill and of the amendments in my name.

[Kirsten Oswald (East Renfrewshire) (SNP)]

The SNP fully supports the Bill. We appreciate the requirement that Parliament’s consent is given to maintain an Army, as well as the significant contribution made by members of our armed forces. As such, one of the Bill’s most important functions is to provide the legal basis for the armed forces to continue to exist as a disciplined force, and we must continue to develop and support our armed forces as they undertake their difficult jobs. We support progressive change such as that found in the amendment that calls for a review into compensation for veterans who are suffering from mesothelioma, and that on the publication of statistics on sexual assault and rape. We want robust legislation that is fit for our dedicated armed forces.

Question put and agreed to.

Clause 1 ordered to stand part of the Bill.

Clause 2

Commanding officer’s power to require preliminary alcohol and drugs tests

Question proposed, That the clause stand part of the Bill.

[Mark Lancaster]

Currently, a commanding officer may require a member of the armed forces, or a civilian subject to service discipline, to co-operate with a preliminary test for drugs or alcohol on suspicion of a relevant offence. Clause 2 extends the circumstances in which a commanding officer may require co-operation with such a test. It provides for post-accident preliminary testing without the need for suspicion that the person to be tested may have committed an offence. The new powers to require co-operation with such tests apply only after accidents involving aircraft or ships, or after other serious accidents.

The powers will apply in the event of any maritime or aviation accident and other serious accidents that result in, or have created the risk of death, serious injury to any person, serious damage to any property, or serious environmental harm involving prescribed or other safety critical functions. The results of preliminary tests can be used in support of any type of investigation arising from the accident. The new powers are similar to those provided to the civilian police by the Railways and Transport Safety Act 2003 in relation to aviation and maritime accidents, and the Road Traffic Act 1998 in relation to road traffic accidents, but apply to a wider range of accidents.

[Mr Kevan Jones]

We support clause 2. As the Minister has outlined, it brings into line the legislation that covers our armed forces and gives commanding officers the tools to investigate accidents in which drugs or alcohol may have played a part.

[Kirsten Oswald]

It is appropriate to enable commanding officers to require testing for drugs and/or alcohol after incidents associated with personnel carrying out safety critical duties. We support the ability of the commanding officer to deal with these matters. It is for them to consider and to proceed with the most appropriate action in relation to the requirement for testing.

Question put and agreed to.

Clause 2 ordered to stand part of the Bill.

Clause 3

Duty of service policeman following investigation

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Kirsten Oswald]

We appreciate the work of MOD and other firefighters. It is important that we have in mind some of the concerns that the Fire Brigades Union has raised about the potential unintended consequences of the Bill. It has concerns about the impact of deploying MOD firefighters at fires and other incidents normally dealt with by local authority firefighters. However, there is clearly a need to deal with the issue that is at hand today and to streamline things. That is dealt with by the clause. We agree that it is important that we take the action suggested to close this loophole, as the clause does.

[Mr Kevan Jones]

Again, this is a practical and sensible measure that closes a loophole that exists at present. Again, I pay tribute to MOD firefighters for the job that they do. I hope that these changes will ensure that they have the full protection of the law.

--- Later in debate ---

[Kirsten Oswald]

The hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) makes her points regarding service personnel aged under 18 well. However, my hon. Friends and I think it important that young people have the opportunity to have as many career options and life choices as possible at that stage in their lives.

I echo the hon. Lady’s words when she said that it is our responsibility to remember the duty of care for service personnel young and old. In particular, we have a duty of care for younger members of our armed forces. We do not support the new clause, which would prohibit those who are under 18 from joining the armed services, and we note that they are not deployed at that age.

Young people who join the armed services have the opportunity to change career paths, and it does not seem unreasonable for them to do so by giving less notice, so we support the hon. Lady’s suggestion of their having additional opportunities to change their career paths if they so wish after a short period of notice.

[Mr Kevan Jones]

The hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) rightly raises recruitment to the armed forces at 16, and, as she says, this is not the first time that the issue has been addressed. It was discussed when I served on the Committee that considered the Armed Forces Act 2006. Like my hon. Friend the Member for St Helens North (Conor McGinn), I think that it does us no service trying to draw an analogy between the recruitment of youngsters in the UK at 16 and those who are forced to join up to fight in wars, for example, in west Africa and other parts of the world. The contrast could not be starker, and, as my hon. Friend said, it does no good to our cause of trying to eradicate the practices that take place in other parts of the world.

Youngsters recruited from the age of 16 cannot be deployed until they are 18, and the activities that those individuals undertake are a force for good. I have visited Harrogate, and one of my most inspiring days as a Minister was spent at HMS Raleigh, taking a passing out parade. When talking to the individuals who had completed their basic training there, the changes that had taken place were clear, as was not only their pride but that of their families who attended the event. Some of the parents told me afterwards that the changes that they saw in the short time—10 weeks—that those individuals had been in the Navy was nothing short of remarkable.

On the tragic circumstances at Deepcut, I served on the Defence Committee, along with you, Mr Crausby, when we did a major investigation into the duty of care. Not only the last Government but this Government are committed to the changes proposed not only in the Select Committee report but in that of Mr Nicholas Blake QC on the tragic events at Deepcut. Is it right to say that there were problems? Yes, there were problems, and we referred to them in our report. Many of them have been addressed, including guard duty, which was used to occupy people’s time between phase 1 and phase 2 training.

The work that all three services do with the individuals who join up at 16 is certainly important. All three services do remarkable work correcting the problems that some of those individuals have had in the education system. Work such as that done at Harrogate and Catterick with Darlington college, for example, to try to raise literacy rates is not only helpful to the individual, but remarkably successful.

--- Later in debate ---

[Mr Kevan Jones]

I beg to move, That the clause be read a Second time.

The new clause, which is similar to one I moved at an earlier stage, would affect veterans who have the misfortune to suffer from mesothelioma. You will know, Mr Crausby, from your engineering background, how debilitating this terrible condition is and the death sentence it imposes.

In 2014, the Government set up the diffuse mesothelioma payment scheme under the Mesothelioma Act 2014 to pay lump sum compensation to civilians who contracted mesothelioma in cases where former employers or insurance companies could not be traced. Under the Crown Proceedings (Armed Forces) Act 1987, many veterans are not covered by the scheme and so do not have the option to sue the MOD over this death sentence.

Great strides have been made to improve health and safety in handling asbestos, not just in civilian life but within the MOD, but we are talking here about cases that go back 30 or 40 years, if not further. Mesothelioma is one of those terrible conditions that affects people at random. In a previous life, when I was legal officer for the GMB, I saw old shipyard workers with asbestos scars on their hands who did not suffer from any other conditions, while some people exposed to quite low levels of asbestos developed mesothelioma and other asbestos-related cancers.

Under the current provisions, affected veterans can apply for a 100% war pension, if it is agreed that their diagnosis is related to their service. The Royal British Legion, which has campaigned on this, estimates that the option to claim compensation would affect 2,500 personnel, mainly—not surprisingly—naval veterans who handled asbestos in the course of their work. It tells me that asbestos has some peculiar effects for single individuals and widowers. The proposal is that the Secretary of State come forward with a scheme for veterans similar to the one outlined by the Government in 2014. It would also continue their work of supporting veterans, irrespective of where they served, and bring the law for veterans suffering from mesothelioma into line with that for civilians, who are covered by the 2014 Act. That is what organisations such as the Royal British Legion have been campaigning for.

[Kirsten Oswald]

I support the view of the hon. Member for North Durham (Mr Jones) that this matter must be dealt with. There is an urgency to it, because veterans suffering from mesothelioma simply do not have time for us to delay any further. We have heard about the campaign of the Royal British Legion, which calls on the Government to find fairer ways of compensating veterans suffering from this devastating condition. It has been an effective campaign, and it is right to highlight what a terrible disease mesothelioma is.

It is an unimaginable tragedy for veterans and their families to receive this diagnosis. We cannot imagine the enormous impact it has on their lives. To be clear, rectifying this unfair treatment will not make anybody suffering from the disease any better, but it might improve the quality of the period of life they have left and it might mean less anxiety about those they leave behind them.

Thousands of people serving in our armed forces prior to 1987 were exposed to asbestos while under military orders and have subsequently been diagnosed with mesothelioma. As the hon. Member for North Durham said, approximately 2,500 ex-service personnel are affected in this way. They clearly lose out very significantly when compared with civilians in the same position. For instance, while the civilian population suffering from mesothelioma is eligible for up to £180,000 in compensation, our ex-service personnel are eligible for only £31,000. Our veterans are clearly being treated less well than their civilian counterparts. This is a very significant difference, and it is no way to support our service personnel. I hope to hear some positive words from the Minister about this.

The military covenant commits the Government to removing disadvantages to service personnel—and this is most certainly a disadvantage at a very difficult time in people’s lives. We need to be able to deal with this—and quickly. The Royal British Legion summarises the situation very well when it says that it is

“unfair and has to change!”.

It is unacceptable to treat our terminally ill veterans in this way; the hon. Member for North Durham is correct in his call for urgency.

My concern is that this matter was already being discussed and highlighted as urgent when the Mesothelioma Act 2014 was being reviewed as a Bill in July 2013, yet so far this issue has not been resolved—despite assurances on many occasions that action was imminent. It is our duty to deal with it now before other ex-service personnel have their final months blighted by this financial worry and inequity. I hope that the Minister can allay these concerns today, so that we can see some positive progress made and deal with our veterans as we should.