Armed Forces (Flexible Working) Bill [HL]

Debate between Lord Craig of Radley and Baroness Burt of Solihull

Committee: 1st sitting (Hansard): House of Lords
Tuesday 12th September 2017 Grand Committee

[Baroness Burt of Solihull (LD)]

My Lords, I will just comment on Amendment 5. The noble and gallant Lord, Lord Craig, challenged the use of the word “right” during the pre-meeting we had in July. The idea here is that we relinquish the principle of having a right in favour of a “working arrangement”.

Of course, we all understand that rights in this context can never be absolute. The Minister made that comment in his response to questions raised in the meeting. But the protections that are afforded to regulars will give rise to some legal rights, as the Minister has said. These regulations give enlisted regulars the right to apply for part-time working or geographically restricted service. Refusal of that request will give rise to a right of appeal. To my mind, the meaning of that is absolutely clear. I suggest to the Committee that this should not be fudged.

[Lord Craig of Radley]

If the noble Baroness reads carefully Section 329(3), “any right” is referred to and that refers to all those in Section 329(2). The amendment does not remove all rights. It relies on the existing “any right” in Section 329.

[Baroness Burt of Solihull]

I am grateful to the noble and gallant Lord for that clarification. However, I would still suggest to the Committee that substituting the principle of a right for that of a working relationship in any context in which it occurs in these new elements of the Bill would not be helpful at all. As I have said, it would fudge the issue. I urge the Minister to reject the amendment.