(4 years ago)
Lords ChamberI thank the noble Baroness for her question. I pay tribute to her commitment and passion on this issue and I understand her frustration. It might help her if I explain the nature of the complexity. Quite simply, it has been the policy of successive Governments not to make retrospective payments by government to individuals. That has been an established position and I think that many Members of your Lordships’ Chamber who have been Ministers will understand that. It means that, although I, the Secretary of State and the Permanent Secretary at the Ministry of Defence and the Chief of the Defence Staff all personally want to try to find a solution to this, we are not able to act unilaterally. We are investigating a number of options, but as yet none of these has been confirmed as avoiding the challenges to which I have referred.
My Lords, what bearing does the Minister think the Armed Forces covenant has on this issue? The covenant, quite rightly, says:
“Families … play a vital role in supporting the operational effectiveness of our Armed Forces.”
So our moral obligation is not just to members of the Armed Forces; it is also to their families. Times and attitudes change. Rules from the past are no longer regarded as acceptable. We should not let concern about retrospection be a barrier to what we all now regard as the right thing to do.
Of course, I reaffirm that the Government recognise the unique commitment that service families make to our country and we remain sympathetic to the circumstances of those who remarried and cohabited before 1 April 2015. But the Ministry of Defence is not able to act unilaterally because, in doing that, it could well compromise the position of other government departments and it might unintentionally interfere with or prejudice active litigation in which other departments are involved. That is why I thought it important to explain to the noble Baroness, Lady Crawley, the nature of the complexity. This is not something that the current Government have dreamed up and it is not an artificial obstruction that the Ministry of Defence has created; it is, I am afraid, the consequence of established policy covering such matters as payments when a request is made to make these retrospectively.