Armed Forces Bill
Debate between Lord Beamish and Kris Hopkins
The Vice-Chamberlain of Her Majesty’s Household (Kris Hopkins)
I want to respond to the two new clauses. I acknowledge the sentiment with which the hon. Member for North Durham articulated their content, but we are not convinced of the need to incorporate them, and I want to reassure the hon. Gentleman and the Opposition on that matter.
We do not believe it necessary to put into legislation the publication of data that are set out in new clause 2. Civilian authorities are under no such duty; nevertheless, they publish such information. It may reassure Committee members if I briefly set out the existing requirements within the service justice system for the collection and publication of crime statistics. The Service Police Crime Bureau, which acts in all three services, already records allegations of rape and sexual assault that are made to service police. That information is released regularly in response to parliamentary questions and freedom of information requests. In addition, it is uploaded on to the Ministry of Defence’s online publications scheme, where it can be freely accessed. It therefore gives a good picture of the extent of that type of offending within the services. However, work is ongoing to improve the way that the service police record crime, and a crime register is being established—as mentioned in the supplementary note added by the Ministry of Defence—which will lead to further improvements. Essentially, a register is going to be put together that will build upon the information already out there.
For each year, the service prosecuting authority records the number of cases referred to it, the number of cases referred that involve charges and the number of cases where conviction is secured. In addition, the Military Court Service regularly publishes on the internet details of every case heard at the court martial, including offences, outcomes and punishments. Those data give a strong indication of the proportion of cases referred from the service police to the Service Prosecuting Authority that were prosecuted and the conviction rate in each case.
In conclusion, information about the types of crimes and the prosecution of them is available, and the MOD is actively working to improve the way in which those data are put forward. What came through from last week’s evidence was the leadership being offered in the service to make sure people are transparent. General Carter’s leadership on this demonstrated that people want to be open and to make sure the information is available, and it is appropriate that they are already actively seeking mechanisms to help them be more transparent. I therefore urge the hon. Gentleman to withdraw new clause 2.
New clause 3 is not necessary. The armed forces already have procedures in place to ensure that allegations of offences covered by the new clause, including sexual assault, are handled appropriately, and the commanding officer’s duties in that respect are clear. The starting point is that if a commanding officer becomes aware of an allegation, or of evidence, that would indicate to a reasonable person that a service offence may have been committed by someone under his command, he must ensure that it is investigated appropriately. That is already a specific statutory duty under section 115 of the Armed Forces Act 2006, and the commanding officer must therefore refer the matter to the service police if that would be appropriate.
In so far as allegations of sexual misconduct are concerned, there is a specific requirement in the manual of service law that a commanding officer take legal advice in such cases. In addition, the Army has adopted a belt-and-braces policy, which requires that any complaint or allegation involving a sexual element be passed to the service police for investigation and that legal advice be obtained if there is any doubt.
It is important to note that the service police can and do act on their own initiative, so what happens is not dependent just on the behaviour or activity of the commanding officer. If a witness or victim believes they have not had the commanding officer’s support, or they want to go directly to the civilian police or the service police, they can do that. The service police will actively go in pursuit of a perpetrator they come across, whether they are out patrolling or have been passed information by the civilian police.
It is important for many people out there observing these things to note that the commanding officer does not blindly go into a situation. They are trained and taken to a highly competent level in terms of understanding their obligations, and the requirements on them, as a leader. Given the standard of the training, and the victim’s opportunity to bypass the commanding officer and to go directly to a civilian police officer or a service police officer to gain support, the new clause is not required. I therefore urge the hon. Gentleman not to press it.
Mr Jones
That comes as no surprise—I was a Minister at the Ministry of Defence, and this is my third Armed Forces Bill. What we seem to be getting from the Ministry yet again is the idea that it agrees that there is a case for the two new clauses, but that they will somehow inhibit us in terms of the current position. What we have seen with previous amendments is that the MOD will finally get to our position. We have not had a great deal from the hon. Member for Keighley in terms of arguing why the new clauses are not needed. I will seek the Committee’s leave to withdraw new clause 2, but I give notice that we may return to these amendment on Report. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 4
Civilian investigations and prosecutions relating to murder, sexual assault, and rape
‘(1) The Armed Forces Act 2006 is amended as follows.
(2) After section 118 [Duty of service policeman to notify CO of referral to DSP] insert—
“118A Civilian investigations and prosecutions relating to murder, sexual assault, and rape
(1) Criminal investigations into allegations of murder, sexual assault, and rape by and against members of the Armed Forces shall be undertaken by the relevant civilian police authorities.
(2) Criminal prosecutions of charges involving murder, sexual assault, and rape by and against members of the Armed Forces shall be undertaken by the Crown Prosecution Service.”’— (Mr Kevan Jones.)
Brought up, and read the First time.
Mr Jones
I beg to move, That the clause be read a Second time.
The important issue is whether the service police have the capability to deal with rape and serious sexual assault. There was a time in the UK, which I think many can remember, when civilian police forces dealt with rape in a very unsatisfactory way. All police forces have made great advances and take rape seriously. They have dedicated officers and ensure that the victim is treated with the respect that he or she requires. That includes ensuring that victims are not made to feel guilty about what is an horrendous act.
As to expertise, anyone who has met police officers who deal with victims of rape or serious sexual assault will know that they are highly trained and that they are also vetted to make sure they are the correct individuals to undertake the work. Not too long ago, it seemed quite acceptable in civilian life for male officers to deal with female rape victims. The issue addressed by the new clause is whether, when individuals in the armed forces make accusations of rape or serious sexual assault, the service police have the right expertise—I do not question the officers’ integrity—to investigate allegations at the level that would happen in civilian life.
The figures speak for themselves. In 2013, the three service police forces referred 26 cases involving rape and 56 involving sexual assault to the Service Prosecuting Authority. In London, the case load of an individual officer dealing with sexual assault or rape is between 12 and 31 cases. Not only do civilian police have training and expertise but, given the number of cases they deal with, they clearly see a wider range, which has an effect on their ability to investigate. If records are not kept—as they would be under new clause 2—victims of serious sexual assault or rape need to be confident that it will be properly investigated when they report it. Any doubt about that could lead to a reluctance to come forward.
The Ministry of Defence and the military need to deal with the fact that service police are members of the armed services. There may be a perception by victims—although it may be mistaken—that the military investigates the military. Allowing civilian police to have precedence in investigating these cases would reassure the potential victim that there is a degree of independence. It would be wrong for anything to lead to a victim of sexual assault or rape not to come forward because they felt that in some way their allegations would not be taken seriously or investigated properly.
Given the numbers of cases that the three service police forces deal with, can we really expect them to develop the expertise that we expect in civilian life today? I am not sure we can, not only because of the cost of training individuals, but because of the number of cases that the three service police forces deal with, which is thankfully quite small, in terms of the overall service community.
Kris Hopkins
This is an extremely serious matter, and it is right that we examine it. I hope to give some reassurance to members of the Committee, including the hon. Member for North Durham, that our house and the MOD’s house is in order and that we can address these issues.
I believe the service police and the Service Prosecuting Authority have the necessary expertise and independence to effectively investigate and prosecute offences of murder, rape and sexual assault by and against service personnel. The service justice system has been scrutinised by the UK courts and by Strasbourg, and it has been held to be compliant with the European convention on human rights for both investigations and prosecutions within the UK and abroad, where the civilian police do not have jurisdiction. The service police have been held by the courts to be structurally and in practice independent of the chain of command.
I want to talk about capability. The service police are trained and able to carry out investigations into the most serious offences at home and abroad. Training takes place at the Defence College of Policing and Guarding. All prospective members of the special investigation branch, which investigates serious crimes, must pass a serious crime investigation course before being selected for that unit. Officers receive specialist training on handling sexual offences, investigative techniques, forensic awareness, dealing with witnesses and suspects, the preservation of evidence and interacting with victims. In addition, selected service police attend a range of specialist and advanced detective training courses at the DCPG or externally, at the College of Policing or at training providers accredited by the college.
Prosecutors at the Service Prosecuting Authority must undertake the training necessary to effectively prosecute serious cases. For example, the prosecution of serious sexual offences requires attendance on the Crown Prosecution Service’s rape and serious sexual offences specialist training course, and the SPA ensures that decisions on charging in such cases are only taken by prosecutors who have undertaken that training.
It is important to address the issue of independence raised by the hon. Gentleman. The Director of Service Prosecutions is an independent civilian office holder, exercising statutory powers under the superintendence of the Attorney General.
The Service Prosecuting Authority is created by statute, and the three main elements consist of the creation of the office of Director of Service Prosecutions and his appointment by Her Majesty, with the director appointed on the basis of a fair and open competition; the provision for who may act on his behalf, with the director specifying those lawyers who may act on his behalf; and the necessary statutory powers in relation to prosecutions in service courts being given to the director personally, not the chain of command. The service police and the Service Prosecuting Authority have the necessary expertise and the independence to effectively investigate and prosecute the full range of offences overseas and at home. Therefore, I urge the hon. Gentleman to withdraw the new clause.
Kit Malthouse (North West Hampshire) (Con)
I, too, acknowledge the sentiments in the new clause tabled by the hon. Member for North Durham. I underline the fact that they are important, but it is also important that the armed forces retain the ability and the expertise to investigate these offences when they occur, not least because they may occur overseas from time to time, where civilian police authorities will not be present.
From my history with the police, I know that when an allegation of rape has been made, the first 24 to 48 hours are critical in gathering forensics, preserving evidence and handling the victim. It is critical that that is done correctly. Any delay after an allegation leads to a serious diminution in the possibility of any kind of conviction. If we had been presented with evidence that showed that conviction rates were significantly lower in the military than in the civilian police force, I might have had a bit more sympathy with the new clause, but the truth is that there is no evidence to that effect.
The hon. Gentleman referred to workload. The greater workload among civilian police is a negative, not a positive. I was responsible for prompting a restructure of the Metropolitan police’s rape command, not least because I became aware in my role as deputy mayor for policing that there was a huge backlog of rape cases awaiting investigation. As I have said before, the longer the wait, the less likely a conviction. The fact that a civilian police officer might be handling a caseload of 26 to 35 cases is a bad thing, not a good thing. It means that quite a lot of cases are not getting the attention that they need. I acknowledge the hon. Gentleman’s concern and certainly share it, but, for all those reasons, it is critical that the military police retain the ability, and therefore must have the training and expertise, to deal with these cases.
Kris Hopkins
I know. It is important to lay out where we are and why we cannot support the new clause, but to provide a solution to the situation as well. Our view is that sections 146(4) and 147(3) of the 1994 Act are redundant. They have no legal effect and their existence is inconsistent with the Department’s policy on homosexuality within Her Majesty’s armed forces, and the Government’s equality and discrimination policies more generally. Although there is no reason to retain these provisions, the wording of both sections 146(4) and 147(3) applies not only to the discharge of members of Her Majesty’s armed forces but to the dismissal of members of the crew of a UK merchant ship. The latter is not restricted to defence purposes. Accordingly, it would appear unfair and inconsistent to amend the provisions in the 1994 Act only on behalf of the armed forces.
We are therefore seeking an appropriate legislative vehicle that would enable sections 146(4) and 147(3) to be repealed in full. One option would be to refer these provisions to the Law Commission, recommending that they give consideration to including them in the next statute law repeals report. On that basis, I urge the hon. Gentleman to withdraw the new clause.