Modernising Defence Programme

Lord Craig of Radley Excerpts
Tuesday 18th December 2018

(5 years, 11 months ago)

Lords Chamber
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Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, I thank the noble Earl for repeating the Statement. There are some bits of the Statement that are, of course, welcome, such as further thought and action on cyber and on space. The noble Earl mentioned improved resilience, but I see very little indication of that. Will he spell out a little more what he means by improving resilience? One word that was not mentioned, either by the noble Earl or in the “Dear colleague” letter, which I have read, is the word “Brexit”. I wonder how the Ministry of Defence is dealing with this subject. Can the Minister give any indication of the possibilities that could impact on what we have heard today about the way the money is to be spent, for example if Brexit takes a turn in the direction of no deal?

Earl Howe Portrait Earl Howe
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My Lords, I can deal very quickly with the second part of the noble and gallant Lord’s question. The Ministry of Defence stands ready to support other government departments if called upon, and if we find that the resources of those departments are insufficient in themselves. Having said that, we have received no formal bids as yet from other departments, despite the fact that we have asked them what they envisage requiring. There will be approximately 3,500 personnel standing ready in case of need to meet such situations.

Resilience has been a major theme of our deliberations. There are quite a number of strands to that. One is to look carefully at how we can enhance our chemical, biological, radiological and nuclear defence capabilities, investing further in Porton Down. We are also, as the report makes clear, enhancing our ability to share submarine threat data with our closest NATO allies. We are improving our secure communications, protecting our networks from cyberattacks and improving our ability to exchange information with NATO partners, as I have said.

We are also clear that we need to invest in improving power-generation capabilities for both Type 23 and Type 45 Royal Navy ships, enhancing their overall capability and productivity. There has been criticism, as I am sure the noble and gallant Lord is aware, of the extent to which some Royal Navy ships have been kept in port rather than being deployed. We are clear that we need to enable the Royal Navy to do better in that area.

The other obvious example of improving resilience is increasing the provision of spares and support to enhance global deployability and presence, particularly as regards the helicopter fleet.

Trident

Lord Craig of Radley Excerpts
Thursday 25th October 2018

(6 years, 1 month ago)

Lords Chamber
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Earl Howe Portrait Earl Howe
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My Lords, the unpredictable security environment we face today demands, in the very firm view of the Government, the maintenance of our nuclear deterrent for the foreseeable future. However, the Government are committed to a world without nuclear weapons, and we firmly believe that the best way to achieve that goal is through gradual, multilateral disarmament, negotiated using a step-by-step approach within the framework of the nuclear non-proliferation treaty. We have tried over the years to lead by example. Our nuclear warhead stock has been much reduced, as the noble Baroness is aware, and we will do our best to discuss and negotiate, with our partners, the best way to proceed from this point.

Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, does the noble Earl agree that the credibility of the nuclear deterrent is very much dependent on a strong conventional capability? Are the Government satisfied that the conventional capability today is adequate?

Earl Howe Portrait Earl Howe
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My Lords, that is precisely why the Government are conducting the modernising of defence programme: to ensure that our defence budget is directed towards the capabilities that we need to deal with the threats that face us.

Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018

Lord Craig of Radley Excerpts
Wednesday 10th October 2018

(6 years, 1 month ago)

Lords Chamber
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Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, I welcome the detail with which the noble Earl, Lord Howe, has gone into this, particularly the assurance that no individual will be required to undertake part-time service. That is a most important assurance, and I was glad to hear it from the noble Earl’s lips. He mentioned pensions and the abatement of pay. This seems but one part of a story, and each individual who will contemplate it must have the whole picture before he or she is able to make any decision about whether it is worth applying for. I therefore hope that in mentioning the pensions as coming forward, the noble Earl will be able to explain exactly when that is to be available; presumably it must be in the near future.

My only other point may be going into the detail, but perhaps I need a bit of education on the difference between the territorial extent of an application and the territorial application of it. It seems that, for example, in this and in the next regulation there are differences in how this is handled. Perhaps, in replying either to this or to the later debate the noble Earl, Lord Howe, will be able to explain the difference between those two things, because I for one do not quite follow it.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD)
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My Lords, it seems a long time ago that we debated the Armed Forces (Flexible Working) Act, partly because it was introduced into your Lordships’ House before it went to the House of Commons. I went back to my files and noted that I had talked about the devils in the detail, although I did not come up with that idea first; several Members of your Lordships’ House had talked about that. In particular, the noble and gallant Lord, Lord Walker of Aldringham, said that,

“the devil is going to be in the detail of the regulations drawn up to operate the system”.—[Official Report, 11/7/17; col. 1187.]

It would be fair to say that while on balance your Lordships’ House was supportive of the ambitions of flexible working, some concerns were articulated across the House—I suspect even by the noble Earl, Lord Attlee. In particular, the noble Lord, Lord Dannatt, raised one of the concerns that has just been raised by the noble and gallant Lord, Lord Craig of Radley, about whether flexible working would be imposed rather than chosen voluntarily. While it may appear this evening to the noble Earl, Lord Attlee, that somehow this is a simple Act and that these regulations look straightforward, the reason for wanting them to come through the affirmative procedure was precisely because there were concerns that the devil could be in the detail. There were slight suspicions that the regulations would lead to a situation where flexible working could be required of people in circumstances where perhaps the Regular Forces seem overmanned—that might seem unlikely, but that was the sort of concern raised by the noble Lord, Lord Dannatt—which was why we thought this needed to come through the affirmative procedure.

The regulations as we see them look straightforward, although I am delighted to see that the Explanatory Memorandum is rather clearer and in ordinary English, for those of us who are not used to reading legislation regularly. I hope that the advice that will be given to service men and women will be even clearer than what we see in the Explanatory Memorandum. The rules look slightly opaque, and to put them into some sort of citizen’s English—even if it includes lots of three-letter acronyms that are much more familiar to the RAF or the Royal Navy than perhaps to the rest of us—would ensure that the information given to service men and women will make them want to look at using these provisions, and would be welcome.

The regulations look straightforward and very much in line with what the Minister outlined to us at various stages during the passage of the flexible working Act. That is perhaps not surprising, because, as the noble Earl, Lord Attlee, said, essentially we expect the Minister to listen and to respond. But we do not always know whether Secretaries of State or Chancellors of the Exchequer will manage to do likewise. While it is important that these regulations are discussed this evening, I do not see a reason to do anything other than affirm their progress.

--- Later in debate ---
The noble and gallant Lord also asked me about the territorial extent of the regulations. These regulations form law in the UK, in the Isle of Man and in the British Overseas Territories—except Gibraltar—and that law will apply to service personnel wherever they are in the world. I hope that I have answered the questions put to me; if I have not, I will certainly write. In closing, I thank all noble Lords for their supportive comments and I beg to move.
Lord Craig of Radley Portrait Lord Craig of Radley
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Will the pensions and pay abatement regulations be put before Parliament or will they just be handled internally? In order to avoid any delay, perhaps the noble Earl would like to write to me?

Earl Howe Portrait Earl Howe
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My understanding is that they will not be put before Parliament, and that they will be administrative arrangements and not the subject of regulations. If I am wrong about that, I will certainly correct myself in a letter.

Motion agreed.

Afghanistan Update

Lord Craig of Radley Excerpts
Wednesday 11th July 2018

(6 years, 4 months ago)

Lords Chamber
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Earl Howe Portrait Earl Howe
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I pay tribute to the noble Lord’s distinguished role in the early stages of our involvement in Afghanistan and to the support that he has given since leaving ministerial office through his various other commitments and responsibilities. He makes an extremely good point. I think that many of us at ministerial level appreciate that we do not say enough to the public. We do not tell the story sufficiently often and sufficiently clearly of why this mission is so important. We certainly should look for every opportunity to step up that effort. I shall take that advice back to my colleagues in the Ministry of Defence and see that it is relayed further up the chain.

Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, can the Minister explain the legal status of our forces in Afghanistan? Is there an MoU with the Afghan Government? Do they work entirely under a NATO umbrella? What is their position? If they were to get involved in hostilities, what further legal protection would be required?

Earl Howe Portrait Earl Howe
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My Lords, as I have said, the Resolute Support Mission is NATO-led. The legal framework for Resolute Support is provided by a status of forces agreement signed in Kabul in September 2014 and ratified by the Afghan Parliament later that year. The status of forces agreement defines the terms and conditions under which NATO forces are deployed as well as the activities that they are authorised to carry out. The mission is also supported by the United Nations Security Council Resolution 2189, which was unanimously adopted in December 2014. The Resolute Support Mission provides training, advice and assistance in eight key areas: multiyear budgeting; transparency, accountability and oversight; civilian oversight of the Afghan security institutions; force generation; force sustainment; strategy and policy planning, resourcing and execution; intelligence; and strategic communications.

Armed Forces Act (Continuation) Order 2018

Lord Craig of Radley Excerpts
Tuesday 20th March 2018

(6 years, 8 months ago)

Grand Committee
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Earl Howe Portrait The Minister of State, Ministry of Defence (Earl Howe) (Con)
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My Lords, as ever, our Armed Forces continue to serve us well, yet they cannot do so without the consent of Parliament. Today we return to our annual consideration of the legislation governing the Armed Forces: the Armed Forces Act 2006. The purpose and effect of the draft order we are considering today is to enable the 2006 Act to continue in force for a further year, until 11 May 2019. This reflects the constitutional requirement under the Bill of Rights that the Armed Forces may not be maintained without the consent of Parliament.

Noble Lords are familiar with the fact that the legislation which provides for the Armed Forces to exist as disciplined bodies is renewed by Parliament every year. But it is right that I explain, for the record, why we do this. Every five years, renewal is by Act of Parliament—an Armed Forces Act. The most recent was in 2016. Between the five-yearly Acts, renewal is by annual Order in Council. This is such an order. The Armed Forces Act 2016 provided for the continuation in force of the Armed Forces Act 2006 until 11 May 2017 and for further renewal thereafter by Order in Council for up to a year at a time, but not beyond 2021. If the Armed Forces Act 2006 is not renewed by Order in Council before 11 May 2018, it will automatically expire. If the 2006 Act expires, the provisions necessary for the maintenance of the Armed Forces as disciplined bodies would cease to exist.

The 2006 Act contains nearly all the provisions for the existence of a system for the Armed Forces of command, discipline and justice. It creates offences and provides for the investigation of alleged offences; the arrest, holding in custody and charging of individuals accused of committing an offence; and for them to be dealt with summarily by their commanding officer or tried in the court martial. Offences under the 2006 Act include any criminal offence under the law of England and Wales, and those peculiar to service, such as misconduct towards a superior officer and disobedience to lawful commands. I remind the Committee that the Act applies to members of the Armed Forces at all times, wherever in the world they are serving.

Perhaps the clearest example of the effect of expiry of the 2006 Act would be that the duty of members of the Armed Forces to obey lawful commands, and the powers and procedures under which this duty is enforced, would no longer have effect. Commanding officers and the court martial would have no powers of punishment for failure to obey a lawful command, or other disciplinary or criminal misconduct. Members of the Armed Forces would still owe allegiance to Her Majesty, but Parliament would have removed the power of enforcement. The obligation of members of the Armed Forces is essentially a duty to obey lawful commands. They have no contracts of employment and so no duties as employees. The 2006 Act also provides for other important matters for the Armed Forces, such as for their enlistment, pay and redress of complaints.

To conclude, the continuation of the Armed Forces Act 2006 is essential for the maintenance of discipline. Discipline, in every sense, is fundamental to the existence of our Armed Forces, and, indeed, to their success, whether, for example, at home supporting emergency services and local communities following the recent heavy snowfall, or supporting the police in their investigation into the poisoning of the former Russian spy Sergei Skripal in Salisbury; playing their part in putting an end to the sickening and illegal poaching industry in Malawi; or, as one might more immediately think of, defeating Daesh in Iraq and Syria.

We have the finest Armed Forces in the world and the dangers they face are ever changing. We owe the brave men and women of our Armed Forces a sound legal basis for them to continue to afford us their vital protection. For those reasons, I beg to move.

Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, I totally support the order, but I will raise one point mentioned in the Explanatory Memorandum. It says that the Minister of State for Defence has stated:

“In my view the provisions of the Armed Forces Act (Continuation) Order 2018 are compatible with the Convention rights”.


That is the European Convention on Human Rights. As has been evident in recent years, there are apparent disconnects between the Armed Forces legislation and some aspects of human rights law that I and other noble Lords have drawn attention to in various debates in your Lordships’ House. What are Her Majesty’s Government doing to address these difficulties, particularly where they arise in the course of live operations—difficulties that have, indeed, been acknowledged and spoken to by Ministers?

Defence Modernisation Programme

Lord Craig of Radley Excerpts
Monday 29th January 2018

(6 years, 10 months ago)

Lords Chamber
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Earl Howe Portrait Earl Howe
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I join the noble Lord in commending the work of OCCAR. He is absolutely right that many of our defence programmes are not directly related to our membership of the EU but are bilateral or multilateral, and we certainly wish to see those continue. That is why we at the Ministry of Defence are keen to ensure that the Brexit talks result in as frictionless a trading environment as possible between ourselves and the remaining members of the EU. Interoperability is one consideration in our support for these joint projects; another is value for money and a third is cutting-edge capability, a lot of which this country is in the lead in providing.

Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, it is welcome news that there is to be this study programme. “Modernisation” is a portmanteau word; perhaps the Minister could give some examples of defence capabilities that are most urgently in need of study under the modernisation rubric.

Earl Howe Portrait Earl Howe
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I cannot give the noble and gallant Lord specific examples of equipment. However, I can say that in the area of cyber we need to ensure that we are ahead of the game and that our programmes for the Royal Navy are as up to date as they can be. It is about focusing our resources on the areas that are most important regarding the threats that face us. It is also about ensuring that we have infrastructure that is fit for purpose, both in our head office and in the Armed Forces themselves. That relates very much to the efficiency programme. I am confident in that programme; we have a way to go on it but we are doing well. If one thinks about certain platforms in the Army, the Royal Navy and the air force, efficiency is a very live issue in all those contexts.

Defence Review

Lord Craig of Radley Excerpts
Thursday 18th January 2018

(6 years, 10 months ago)

Grand Committee
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Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, deterrence is not just having Trident invulnerable at sea; it needs national resolve, with conventional defence and hitting power, too. A tripwire alone will not sustain deterrence credibility.

If diplomacy fails to avert conflict, or there is a bolt from the blue, what next? First, indicate determination not to give in and fight back with conventional force. If not, face the starkest of choices: immediate surrender or press that nuclear button.

Since the 1990s, we have had complete air superiority over opposing forces. That was not so in the Falklands. The opponent could not be denied airspace. Our losses mounted: six fighting ships and landing craft sunk; others knocked out of action; more than 30 air assets gone; nearly 1,000 dead or wounded, all in a mere three weeks. Only victory brought salvation, a halt to these setbacks and escape from disaster. After the conflict, we had enough in strength to make up for what had been lost.

Not so today. Losses at those rates now could soon leave us conventionally defenceless. The forces are too weak in manpower, equipment and weapons to absorb such losses and still fight on. So stop gutting and hollowing out the services. Let us build up numbers. If not, the national deterrent will be derided as mere political tokenism—the country an emperor with threadbare clothes. The deterrent lacks full credibility without more conventional clout to underpin it. Reviewers, please take note.

UK Defence Forces

Lord Craig of Radley Excerpts
Thursday 23rd November 2017

(7 years ago)

Lords Chamber
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Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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I thank the noble Lord, Lord Soley, for arranging this timely debate. Of course, we should strive for a better world order. But to do so demands achieving and sustaining a position of strength, both moral and physical. The moral strengths are for others with greater insight to profess, but in recent years our physical combat strength has much reduced and is now too often belittled by friends and allies. Numerous pleas to correct this decline have failed to gain much traction in the minds of Governments. Yes, some financial uplift is forecast, but its promised benefit is greatly reduced, even nullified, by a mismatch between the essential purchases of new equipment—much funded by more expensive dollars—and unachievable economies in support and running costs. Constant claims about the 2% input do not focus minds on the one thing that really matters: the fieldable strengths and enduring capabilities that today’s Armed Forces can muster.

If we take history as our guide, this country has failed to be well prepared for conflict when it came. But, like the digital age in which we live, the outburst and speed of conflicts today will far outstrip experiences of the past. This critical point should highlight our current most serious weaknesses. Today we must face a foe with just what is to hand in the front line. It is the scarcity of key fighting tools, the stocks of weapons with which to arm them, and sufficient manpower to keep them going, even when taking casualties, that most concerns and alarms me.

Fortuitously, since the 1982 Falklands conflict, when six high-value ships were sunk and others crippled, aircraft brought down, and hundreds killed or wounded by a small and far from Premier League air force operating at extreme range from its bases, our expeditionary operations have enjoyed unrivalled air superiority in all subsequent conflicts. There is thus a danger in concluding that, like rebooting some virtual digital game, the next conflict will again be fought in a benign air situation. That is far too complacent a view.

What then? Our air forces would face losses in conflict; surface, and sub-surface forces too, might become vulnerable to loss if we could not provide mastery of the air. Unit losses counted on the fingers of one hand, let alone on the scale of those we suffered in three short weeks of combat in the Falklands, would amount to significant percentage setbacks to available strengths. Even small daily rates of loss could not be sustained.

Within a matter of days, not weeks, withdrawal or worse might become the only options available to government. Nor should Governments forget that the deterrent relies not solely on the horror of nuclear war, but on the capability first to resist an aggressor conventionally and with strength. How else should we show national resolve? Surely it would never be by quickly deciding to launch a Trident or two.

So my plea, even while supporting the many worthy activities that the noble Lord, Lord Soley, and others will espouse, is for all to realise how much such success depends on a vital precursor and enabler for this work: our assured ability to deter, and if necessary to fight off conventionally, any foe that challenges our military strength and resolve and threatens our freedoms and our ways of aiding others.

Armed Forces: Inquiries

Lord Craig of Radley Excerpts
Wednesday 25th October 2017

(7 years, 1 month ago)

Lords Chamber
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Earl Howe Portrait Earl Howe
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My Lords, I take it that the noble Lord is referring principally to the situation that applies to veterans of the Northern Ireland campaign, and I have a lot of sympathy with what he says. However, it is the Government’s policy to adhere to the Stormont House agreement of December 2014, under which some legacy institutions will be set up. Those institutions will be under a duty to ensure that our veterans are not unfairly treated or disproportionately investigated, and will reflect that 90% of deaths in the Troubles were caused by terrorists, rather than members of the Armed Forces. The next stage in that process is to consult publicly, which we will do before long.

Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, will the Government take steps to introduce statutory limitation in time to investigations of alleged crimes related to service on operations?

Armed Forces (Flexible Working) Bill [HL]

Lord Craig of Radley Excerpts
Earl Howe Portrait The Minister of State, Ministry of Defence (Earl Howe) (Con)
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My Lords, in moving that the Bill do now pass, I express my appreciation to all noble Lords, noble and gallant Lords and right reverend Prelates for their interest in the Bill and for their thoughtful contributions to what have been constructive debates during its passage through your Lordships’ House. I am grateful for the positive engagement and support of noble Lords on the Opposition Benches and from around the House.

The Government have responded positively to the concerns of this House that the Defence Council regulations should be subject to the affirmative procedure. I know that the noble and gallant Lord, Lord Craig, and others will be disappointed with our response to his concerns about the use of the term “part-time” in the Bill. I hope that in due course he will see that his fears about people disparaging the good name and full commitment of the Armed Forces are unfounded, once people are able to apply to work part-time or have protection from being separated from their home base for prolonged periods.

Of course, encouraging the right cultural attitudes and behaviours in the Armed Forces will play an important part in ensuring the success of these measures. As I said at the outset, the Bill is designed by the services for the services, and all three remain involved in the plans to make this a success. We are immensely proud of the achievements of our Armed Forces; they work hard for us and we owe them a great deal. Flexible working will provide our brave and courageous service men and women with an opportunity for some respite from their full-time commitment when they need it most. This Bill is for them and I beg to move.

Lord Craig of Radley Portrait Lord Craig of Radley (CB)
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My Lords, when the noble Earl responded to my Amendment 3 on Report, he began with a frank and gracious apology to the House and to me for saying in his letter of 29 September that it would not be possible to remove the word “part-time” from the Long Title of the Bill. As he said, this was incorrect but given in good faith. To my embarrassment and regret, I failed, when I spoke again, to thank him for his apology—which of course I fully accept. I have spoken and written to the noble Earl to apologise for this discourtesy but would like to put the record straight.

In the same letter the noble Earl sought to allay concern by saying that the use of “part-time” was not unprecedented: it had been, he said, in previous Armed Forces legislation. So far, it has been found but once in all such Acts, going back over 60 years—and that once was in a 1955 Act, long repealed, and with a totally different meaning from contemporary usage. Both of these were weak—and, indeed, inaccurate—claims. The noble Earl would have done better to note that our objection to introducing “part-time” into the Bill was not that it would be unprecedented but that it should be there at all. The noble Earl said that he did not agree with my analysis, but a dozen speakers sympathised and agreed with the noble and gallant Lords and myself. More than 50 unwhipped Peers supported us in the Lobby.

The noble Earl said that the purpose of this novel type of flexible working was to enable individuals to take breaks from their 24/7/52 commitment to their service. Both in Grand Committee and on Report, our amendments were aimed at providing for just that, with appropriate subordinate legislation. We were being direct, not devious, as the noble Earl chided us. The Government’s approach—that the individual must first commit to serving on a part-time basis before becoming eligible to apply for breaks—is far less straightforward.

The arrangements for time away are all to be set out in subordinate legislation—but, we are told, cannot be guaranteed unless individuals are formally released from full-time duty to the Crown. But are they released? They are still beholden to the Crown because they remain under the Armed Forces Act. Would the military or civil police be responsible for investigating a crime committed by an individual while on a break? As a law tutor might say to his class of students, “discuss”.

I hope that the Government noted that the noble and learned Baroness, Lady Butler-Sloss, strongly suggested that phraseology other than “part-time” could be adapted for the armed services in legislation—as did the police, with detail in subordinate legislation to guarantee arrangements. However, the noble Earl said that what was intended was,

“distinctly different … and therefore the way we describe it needs to be very clear”.—[Official Report, 11/10/17; col. 249.]

I have since seen the noble Earl’s response to criticism by the Delegated Powers and Regulatory Reform Committee. He wrote:

“There is no intention at present to enable part-time service for all enlisted regulars”.


“No intention at present” really does make it distinctly different from just providing compassionate flexibility. Is this the intended direction of travel? Do the Government want this primary legislation to spawn part-time service in further and wider applications than those proposed now?

A statutory door is being primed to spring open—a far cry from the assurance given by the noble Earl in that letter of 29 September in which he wrote:

“The amendments to primary legislation simply provide us with the power to make regulations to enable these particular forms of flexible working”.


The Bill will enable far greater powers than that. There is no place in the Armed Forces Act 2006 for such an untrammelled, undefined, catch-all “part-time basis” phrase, unless Governments want a broad statutory power to recruit and re-muster our armed services little by little into becoming a force of part-timers. Perhaps, having reviewed all that has been said during the passage of the Bill in your Lordships’ House, wiser counsel will prevail in the other place. I certainly hope so.

Lord Boyce Portrait Lord Boyce (CB)
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My Lords, I remain to be convinced about the need for the Bill. The services already have an ability to operate flexible working. I lament, and certainly remain dismayed by, the continued use of the expression “part-time” to characterise the nature of what the Bill entails.

I recognise the amendment on this point was defeated on Report, but it required a Government three-line Whip to defeat the many excellent arguments by protagonists in favour. It was hardly a moral victory for the Government. Since Report, the senior and junior servicepeople I have spoken to have been equally appalled. Dislike for the expression “part-time” will be felt in particular by those who have requested no geographic separation yet who continue to work full-time. They will also be called “part-time” people even though they are working full-time. How does the Minister explain that? I really believe that a mistake has been made here and I would be grateful if the Minister could confirm that the Chiefs of Staff explicitly support the use of the expression “part-time”.

On a separate subject, I would be grateful if the Minister could comment on whether the ceilings for manpower numbers will take into account the provisions of the Bill. In other words, if the full scope and feasibility of flexible working for serving members of the Armed Forces is to be realised, there must presumably come a point where the current mechanism for accounting for liability—headcount—gives way to full-time equivalence.

The Bill’s implementation will have to be handled very carefully if the expectations of service men and women are not to be falsely raised. As the Minister said on Report:

“We are not talking about large numbers: we expect only a modest number of our people to either work part-time or restrict their absence from their home bases”.—[Official Report, 11/10/17; col. 250.]


In the case of the Royal Navy—which is extremely tautly manned and, constrained by the government-imposed headcount, short of people anyway—that is likely to be very modest indeed. For example, we need to bear in mind that 80% of junior ranks are in seagoing billets. It is difficult to see many applications for time away being approved. I therefore urge the Minister to ensure that the Bill is launched most carefully, and without fanfare and overpromising.