Armed Forces Bill

Lord Empey Excerpts

Wednesday 27th April 2016 Lords Chamber

In conclusion, the Government’s view is that these amendments, for the reasons I have explained, would seriously erode fundamental aspects of the court martial system. However, as I have mentioned, we are committed to reviewing the system of majority verdicts, and I will report back to the House on that matter. On that basis, I hope the noble Lord will agree to withdraw his amendment.

[Lord Empey (UUP)]

Before the Minister sits down, he has indicated that the Government are going to conduct a review, but there is a conflict between what the noble Earl, Lord Attlee, and the noble Lord, Lord Thomas of Gresford, are saying with regard to the public confidence issue. I personally have never been confronted with that issue. As a serving officer, the noble Earl, Lord Attlee, is in the same position. It might be helpful if the Government carried out some inquiries into the level of confidence. I am unaware of any problem. Clearly, as the noble Lord indicated in proposing this amendment, there is a lack of confidence, but I do not know the basis of that or where it is to be found.

[Earl Howe]

The noble Lord makes a very important point. This is certainly one of the factors that will need to be looked at in detail. If there is justification for changing the system, we will need to look at all the reasons that have been advanced for such changes. I agree with the noble Lord that we need to get to the bottom of whether there is a lack of public confidence in the way the system currently works. I can undertake that that will be part of the scrutiny we will conduct.

Armed Forces Bill

Lord Empey Excerpts

Thursday 3rd March 2016 Grand Committee

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, this amendment would introduce a time bar on bringing prosecutions against members of the Armed Forces, shielding them from prosecution for their actions while engaged in military operations outside the United Kingdom. The time bar would apply to their acts where more than 20 years had passed since those acts took place.

It is important to be clear, as noble Lords have observed, that the amendment would prevent personnel being prosecuted under either the service justice system or the civilian criminal justice system. It would cover all offences, not only against civilians or prisoners of war but against members of our own Armed Forces; for example, if evidence eventually came to light that a soldier had murdered another soldier while on operations, there could not be a trial if more than 20 years had passed.

I have much sympathy with the reasons that I know underlie the amendment. If criminal allegations are raised many years after the events in question, witnesses may be dead, memories may have faded and documentary evidence may have been lost. Indeed, those difficulties can be encountered even after a few years, never mind many years. However, I was grateful for the comments of the noble Lords, Lord Tunnicliffe and Lord Thomas of Gresford, and the two noble and learned Lords, among others. Members of our Armed Forces engaged in military operations must be subject to the rule of law and I cannot support a blanket ban on prosecutions of members of the Armed Forces after a stated period.

As the Committee is aware, the Armed Forces Act 2006 contains a system of service law that applies to members of the Armed Forces wherever in the world they are operating. This makes provision that a member of the Armed Forces commits a service offence if he or she commits any act overseas which would be an offence under the law of England and Wales were it done here. I am afraid I cannot see on what principle we should make an exception from the criminal law for those in military service overseas.

It is worth emphasising that, in both the civilian and service justice systems, when considering any case prosecutors are required to consider not only whether there is sufficient evidence to provide a realistic prospect of conviction but whether a prosecution is in the public interest. It has never been the rule that a prosecution will automatically take place once the evidential stage is met. Similarly, in the service system prosecutors are required to consider whether a prosecution is also in the service interest, including service interest factors. Clearly, if the offence is more serious, the public interest for a prosecution is more compelling.

It should also be noted that before a former member of the Armed Forces can be prosecuted for a criminal conduct service offence in respect of things that they did during their service, the consent of the Attorney-General must be obtained if more than six months have passed since they left the Armed Forces.

I am of course aware of the concerns expressed by the noble and gallant Lord over investigations by the service police of events in Iraq many years after those alleged events. In many of these cases, the allegations were not made immediately—for reasons which are not always clear. I assure the noble and gallant Lord, and the Committee, that intensive efforts are being made to bring these investigations to a conclusion as soon as possible. We are investing considerable resources in this area. We are looking at streamlined processes to ensure that those cases without substance are weeded out quickly, and so on. The Iraq Historic Allegations Team is doing an excellent job given the difficulties it faces. It has completed a number of investigations.

I do not believe for a moment that this process will still be in progress when the 20-year limit envisaged by the new clause would be reached. Indeed, the only theatre in which, so far as I am aware, criminal investigations or prosecutions of soldiers or veterans are in progress relating to events from more than 20 years ago is Northern Ireland, which is excluded from the scope of this clause because it covers only operations outside the UK.

I also assure the Committee that, while the Ministry of Defence will discharge its duty to provide any information in its possession relevant to such police investigations, it will also provide effective support, legal and pastoral, to veterans who may find themselves facing investigation for matters related to their duties. Although, I repeat, I sympathise with the concerns behind the new clause, in principle it would be wrong to provide an exception to the criminal law for members of the Armed Forces serving overseas in this way. On that basis, I hope that the noble and gallant Lord will agree to withdraw his amendment.

[Lord Empey (UUP)]

The noble Earl referred there to hoping that investigations would be brought to a speedy conclusion. Could he confirm that the Iraq investigation team will continue its operations until at least 2019? Also, on Northern Ireland, the noble and learned Lord, Lord Brown of Eaton-under-Heywood, pointed out that some 40 years or more after the event a team of 30 detectives has been operating for the last three years doing nothing but pursuing these particular individuals, whereas the people who were the primary perpetrators of violence were away in the smoke many years ago.

--- Later in debate ---

[Lord Alton of Liverpool (CB)]

My Lords, I support the amendment moved by the noble Lord today in Committee. I apologise to the Committee, as, although I attended some of the Second Reading debate, duties elsewhere in the House prevented me from being able to be present for the Minister’s reply. I therefore did not speak at that stage and I crave the indulgence of the Committee in speaking today.

Noble Lords might know that I currently have before the House a Private Member’s Bill which has received a Second Reading. It enjoyed all-party support and would provide funding for research—to which the noble and gallant Lord just referred—into the causes of mesothelioma, a disease which the Government themselves predict will take a further 60,000 British lives. We have the highest incidence of mesothelioma anywhere in the world. No effective treatment exists; there is no cure and once diagnosed, the average patient dies within a few months.

On introducing that Bill, and in relation to our Armed Forces, I said that,

“the failure of the 2014 Act to include provision for compensation for our servicemen who die of mesothelioma is a glaring anomaly. The British Legion, the Royal Navy & Royal Marines Charity, the Royal Navy Royal Marines Widows’ Association, the Royal Naval Association and others all support calls for change”.—[Official Report, 20/11/15; col. 385.]

I contrasted at the time the position of a 63 year-old civilian, who might expect to receive around £180,000 in compensation, compared with a veteran’s entitlement to a year’s worth of war pension which, paid at the maximum rate for a non-married naval veteran, amounts to just £31,000. I argued then that veterans should be offered compensation at least equal to that which the courts and the Government have decided that civilians deserve. The unequal treatment of our servicemen and servicewomen amounts to a serious breach of the Armed Forces covenant, which is supposed to ensure that veterans are not disadvantaged because of their service.

I am particularly grateful, therefore, that the department has recognised that this is an anomaly that needs to be rectified, and I strongly welcome what the noble Earl, Lord Howe, said to the Committee a few moments ago. Of course, this echoes what his honourable friend in another place, the Parliamentary Undersecretary, recently told the House of Commons. He will also know that there was not just that anomaly: there was an anomaly within the anomaly in that a very small group of people—some 60—had been excluded from the scheme because of the way in which the timeline in the announcement fell. It is particularly good that the noble Earl has been able to say today that that will be removed—that the effect of the amendment that the noble Lord, Lord West, has put before the Committee will be realised.

The noble Earl will also know, especially given his previous duties at the Department of Health, that this is a disease that does not have a cure and needs much more basic research. He will also know that until the mid-1960s, blue asbestos—crocidolite—was widely used in the insulation of Royal Navy vessels. In consequence, many Royal Navy personnel have died of mesothelioma, particularly those working in boiler rooms and in engineering trades but also those on board ships during refits.

Professor Julian Peto, in an analysis for the Royal British Legion, estimates that a further 2,500 Royal Navy personnel will die of mesothelioma between now and 2047. On 8 December 2015 I asked the noble Earl in a Parliamentary Question how the Government intend,

“to assist members of the armed forces who are diagnosed with mesothelioma in the future; and what assessment they have made of whether those individuals should receive financial support at least equivalent to that of civilians diagnosed with the disease”.

The noble Earl replied that this was “a complex matter” and that:

“The Department commissioned advice from the Independent Medical Expert Group to look at mesothelioma and the awards paid through the WPS”.

The noble Earl promised an announcement and we have now received that.

However, if I may say so, there were also written into this and other Questions tabled at the time questions about the levels of research and indeed the data collection by the Government. I refer particularly to the comments of Commodore Rhod Palmer, who is a third-generation Royal Navy sailor diagnosed with mesothelioma in April 2015. Incidentally, he is one of those who would have been excluded from the new compensation scheme—the anomaly within the anomaly. He said:

“No amount of money will ever compensate sufferers and their families for a preventable death. However, it is a real breakthrough that the Government will treat all current and future sufferers of mesothelioma exposed to asbestos during their Service under comparable terms as civilians. This payment allows patients with mesothelioma to make arrangements to maximise their quality of life during this terminal illness and to support the family that they leave behind”.

He went on to say:

“Looking to the future, I strongly encourage further funding of research into advancing the treatment of this devastating condition”.

The noble Earl will recall that when he was at the Department of Health I moved an amendment to the Mesothelioma Act to provide financial support from the levy on the insurance industry, which was defeated by a handful of votes. At the time four insurance companies were voluntarily supporting research and the noble Earl believed that many of the other 120 insurance companies covered by the levy would voluntarily join the other four in supporting research into this killer disease. Sadly, I have to inform the noble Earl and the Committee that the opposite has happened, with only two companies now voluntarily supporting research. In supporting this amendment and welcoming this week’s announcement, I ask the noble Earl to study the correspondence that I have sent him today, which includes a letter sent on 18 February to Mr George Osborne, the Chancellor, by Professor Sir Anthony Newman Taylor CBE of Imperial College, urging him to release LIBOR funds—referred to by the noble Lord, Lord West—to help fund a national mesothelioma research centre, which Imperial wishes to create with the National Heart and Lung Institute, the Royal Brompton Hospital, the Institute of Cancer Research and the Royal Marsden Hospital. Incidentally, in that letter Sir Anthony says that the current rate of death is around 3,000 a year. He says:

“There is an urgent need to find curative treatment for this awful disease”.

He says that modern genetics hold great promise but that,

“sadly, to date, mesothelioma has not been the focus to achieve this at any research centre in the UK, or, as far as I am aware, at any centre worldwide”.

The Committee will recall the decision of the Chancellor to transfer some £35 million from the fines levied on the banks for attempting to manipulate the LIBOR interest rate. That money was transferred to the MoD for use in supporting the Armed Forces community. The proposal from Imperial College would be an imaginative use of some of those funds to help to find cures for a disease which has claimed too many lives among members of our Armed Forces. Following our debate today, therefore, I would be grateful if the noble Earl would write to me with a considered response to Sir Anthony’s initiative.

I shall conclude with a word about data collection within the Armed Forces. In February 2014, I asked the Government,

“how many of the annual fatalities caused by mesothelioma involve former members of the armed forces; what data are kept on the cause of death of former servicemen; and what research they plan to commission into the incidence of mesothelioma amongst former servicemen”.

The then Parliamentary Under-Secretary, the noble Lord, Lord Astor of Hever, replied:

“Data on the number of annual fatalities caused by mesothelioma does not identify those who were former members of the Armed Forces … The MOD has no plans to commission research into the incidence of mesothelioma amongst former Service Personnel”.—[Official Report, 11/2/14; col. WA 125-6.]

It is the duty of the department to do that, and it should have such plans. I encourage the noble Earl to revisit this issue. This should not be a case of don’t ask, don’t say. This is about people’s lives and our duty of care towards them. Anecdotes and speculative figures are no substitute for hard-edged data and empirical research, and today I again ask that data collection be instigated.

The noble Lord pursued this argument in June last year when he asked Her Majesty’s Government:

“What data is collected about the incidence of mesothelioma among members of the armed forces; what studies of this issue have been conducted; what estimates they have made of the future incidence of mesothelioma among service men and women and of connected fatalities”.

Those questions still have to be answered, and I hope today’s debate will help us to attend to that. In reply the Minister said:

“The MOD has not conducted studies or research about mesothelioma”.

Surely it is high time it did.

The London School of Hygiene & Tropical Medicine produced an estimate in 2009 that about 2,500 Royal Navy veterans will die from mesothelioma between 2013 and 2047. Surely, we should be commissioning research across the services to establish what the likely incidence will be and, more importantly, what we can do to avert this suffering and these deaths. Surely we should be supporting the work of our scientific community and offering hope to those who have been diagnosed with this horrible disease.

[Lord Empey]

My Lords, I support the amendments and welcome the statement from the Minister. It was sobering when the noble Lord, Lord West, said at an earlier stage that he and others played snowballs with this material in vessels. Sadly, anybody who comes from an industrial city such as mine with shipyards and other related businesses knows that that was common practice. Dust and fibres were brought into homes on clothing, and that transferred the disease to families, which is why in 2001, when I was Enterprise Minister, I set aside £180 million to cover what we considered to be the compensation required for people who had previously worked for shipyards, which were a nationalised business at the time, to cover deaths to 2050. The noble Lord, Lord Alton, who has done enormous work on this issue over recent years, says the same thing—that that is the sort of timescale.

What is not mentioned is that while some people think this disease is literally dying out, it may be in this country, but it is not dying out in the world. I am sure we have all seen the horrifying photographs of women in the Indian subcontinent surrounded by mountains of this material which is coming off ships that are being scrapped on beaches in Bangladesh, India and Pakistan. They are being dismantled, and these women are sorting this stuff out. It is horrifying to think of the downstream consequences that will produce. Therefore, anybody who thinks this matter is going to be settled in a few years is wrong.

In the amendments in my name in this group I want to draw attention and attempt to raise awareness through publicity among former members of the armed services who may be at risk or who may be susceptible to this disease. It is important that ex-service personnel and their families are made aware of the changes that are now taking place. I was also hoping for a monitoring process to ensure that the comprehensive and prompt detection of cases is also part of it. If people have been exposed, while it may not be currently curable the management of the disease can be handled. I had two neighbours who got this disease; it was a terrible death that they suffered. One of those individuals spent just one year of his entire career in the shipyard, where he, from time to time, went through an area where the electrical materials were being covered in asbestos. One exposure to one fibre, if you are susceptible, can be enough. That was 40 years earlier. It does not discriminate between a person’s normal health, class or physical condition. It is just one of those things: some people are susceptible and others are not. It does not matter whether you are exposed to it for one day or for 20 years. If you are susceptible, you are susceptible.

Armed Forces Bill

Lord Empey Excerpts

Tuesday 1st March 2016 Grand Committee

[Earl Attlee]

My Lords, I am grateful to the noble Lord for moving his amendment. I have to apologise to the Committee for not tabling a suitable amendment to raise this issue but what I have to say is related. In about 2011, I took out a mortgage on a house. Between me and my wife, we had the necessary financial resources to do it and it was not a problem. However, I wanted to take out term insurance—life insurance—so that if for any reason I passed away the mortgage would be paid off. The chances of my dying suddenly at that age were quite small, but I had to admit to the insurance company that I was still in the TA. That resulted in the premiums being unaffordable, and I did not take out that term insurance. The only reason why I did not take it out was because when I said I was in the TA, the premiums became unaffordable. Will the Minister write to me and tell me what the Government are doing about that situation, and whether it still obtains?

[Lord Empey (UUP)]

My Lords, I accept that this is a probing amendment. I think everyone would be of the view that discrimination should not take place against members of the Reserve Forces, but there have been examples where clearly it has, and we have just been given another.

In Northern Ireland we have substantial law on discrimination on religious or political grounds. Not that long ago, the identification of people as a member of the Armed Forces was sufficient to result in their being targeted and in many cases, unfortunately, assassinated. The Minister may not have the material at his disposal now but perhaps he might reflect and consult his colleagues in the Government on the implications of the publication of such material. It could result in the identification of units whose members had a particular religious or political persuasion.

So I support the principle, which I think is quite right, but I imagine that there could be some local nuances where the Reserve Forces are concerned. The Minister might care to consult with colleagues on that, since how the information might be acquired and handled may require slightly different treatment in Great Britain from that required in Northern Ireland.

[Baroness Jolly]

My Lords, I am happy to support the amendment. Future Reserves 2020 relies upon a significant build-up of our Reserve Forces, and at a pace. Employers and reservists have both rights and responsibilities. I am sure that noble Lords would agree that a wise would-be reservist would talk their plans through with their employer, but they need not. The first the employer could hear about them is the receipt of a letter from the MoD. Similarly this can happen at the change of a job. When you apply for a job you are not under any obligation to tell your would-be employer that you are a reservist, which probably chimes with the point just made by the noble Lord, Lord Empey. It is therefore really important that there should be no discrimination. Noble Lords might wonder whether an employer would feel anxious and somewhat disappointed about the lack of confidence that the employee has in him that he has not been told, but clearly there are many reasons here. Also, what employees do in their own time is very much their own business.

There are ways around this on a temporary basis. A reservist employee can ask for a waiver from the MoD lasting a year not to tell the employer, but that aside, there is evidence of discrimination by employers. There is no protection against such discrimination in employment in the normal course of events. This probing amendment seeks to draw out from the Minister the various issues around how this might be handled and ask whether we are aware of the scale of the problem. But as with Amendment 5, recording and publishing the information gives the Government and indeed the public the opportunity to measure progress year on year and creates a fairer environment for reservists in which they are to work.

--- Later in debate ---

[Earl Attlee]

My Lords, it was on the ability of all reservists to get their jobs back. It was not well handled by the MoD at the time. Let us just hope that we do not have to mobilise large numbers of reservists. We should remember that a lot of them had not volunteered to be mobilised, so it was not what they expected.

[Lord Empey]

My Lords, in the event of the noble Lord, Lord Touhig, bringing back an amendment at a later stage, I wonder whether the Minister would agree to consult his colleagues in the Northern Ireland Office on the specific issue that I raised.

--- Later in debate ---

[Baroness Jolly]

My Lords, I shall speak to Amendments 8 and 14. For reasons that will become apparent, I will talk about my amendment first and then Amendment 8. The whole thing hinges on the Armed Forces covenant. Noble Lords will know that at some stage during our lifetime, one in four of us will have a mental health issue. This is pretty much mirrored in members of the Armed Forces. Today, I want to talk about serving members of the Armed Forces and reservists while they are deployed. I am not going to talk about veterans. Veterans receive their health services from the NHS, whereas serving members and deployed reservists receive their health services from the medical system within the Armed Forces. The covenant is all about ensuring that someone in the Armed Forces is not at any disadvantage to those who are outside. I do not know whether when he saw this amendment the Minister raised his eyebrows and thought, “Oh no, not again”, because during the passage of the Health and Social Care Act 2012, a great deal of time and energy was spent debating the issue of parity of esteem. This amendment is to ensure that health issues are treated in exactly the same way—clearly not in terms of diagnosis or treatment but in general expectation—regardless of whether they are physical or mental. I thank the noble Lord, Lord Touhig, for his support on this.

I put it to the Committee that if a sailor, aircraft person or soldier tears their hamstring, they visit their unit doctor or medical centre. They are then referred for treatment, may be given painkillers and are strapped up. Physio will be part of the treatment and, when it is mended, in due course they will return to work. If the injury is serious, they may have to leave the service and continue with treatment outside. Physically, they will clearly be strapped up, so people can see what is going on and their colleagues and chain of command will support them in their journey back to work. A physical injury is something with which we are all comfortable and which we understand. It can be seen: there is no problem. If the issue is anxiety, depression or even worse, the story should be similar, but that is not always the case. The services have done a huge amount of work to reduce the stigma associated with these conditions, but, as in civvy street, it has not always been successful.

Within the NHS, there has to be a great move towards parity of esteem for physical and mental health. What might that look like? It might look like waiting times being much the same for a hamstring injury as for a conversation with a psychiatrist or a psychologist about one’s mental health. It should also be about the uptake of services, which should be much the same for physical health as for mental health. Therefore, I propose that the Armed Forces covenant report should include an assessment of the aspects that I have outlined. As with Amendments 5 and 7, the collection of information and its publication enables progress to be measured.

Amendment 8 follows on from Amendment 14 in that compensation should apply equally to both physical and mental health conditions and therefore I support both of the amendments.

[Lord Empey]

My Lords, I welcome the fact that this debate is taking place. Mental health has moved up the national agenda very substantially in the last few years. However, I think we all agree that at local level it is still the Cinderella service. In putting things into law, we have to be careful that there is the back-up on the ground to deliver them. I believe it will be many years before we have sufficient capability in the National Health Service to deliver the very worthy objectives contained in these amendments.

Noble Lords who have supported constituents in bringing benefits claims involving, for example, carer’s allowance and other benefits before tribunals know that you could draw a blank from the tribunal members when it came to post-traumatic stress. They had no capability of understanding the circumstances which an individual could be in. I am reminded of the early days of the discussions on mesothelioma and asbestosis, when you had to prove that the individual contracted the disease with a specific employer. The law was subsequently changed. Forty years can pass before post-traumatic stress materialises. I saw this with somebody with whom I worked very closely, and it took almost 40 years. Tying it down to a specific incident will be challenging.

In the context of the military covenant and Amendment 14, mentioned by the noble Baroness, Lady Jolly, promises have been made and we have advanced very substantially. If ever there was an issue that needed to be addressed, this is it; and I believe that that is entirely possible. However, I am not convinced that we as a nation have yet acquired the capability on the ground to deal with these things. We do not wish to raise expectations only to have them dashed. Anyone who knows their local area knows that mental health is a huge issue, and my area is no different. We still have large numbers of young men who, sadly, commit suicide. There are people in the military and ex-service personnel who we know have a tendency to have a higher involvement with the criminal justice system. Others have difficulty with employment or with accommodation. There are also addiction issues. There are a range of things that on the face of it are linked to their commitment to the Armed Forces.

When people have been in conflict we see the obvious physical injuries and, as the noble Baroness, Lady Jolly, said, there is a pathway for how those are treated, but very often there is no parallel process for the mental health implications. I think that these amendments are well worth debating and considering. I just wonder whether the Minister agrees that, in framing anything to put into the legislation and into the military covenant, we should be mindful that we must be able to deliver it before we create the expectation that it is going to be there, only to have that subsequently dashed.

[Earl Attlee]

My Lords, I agree with everything that the noble Lords have said. I believe that Her Majesty’s Armed Forces have been engaged in combat operations, as opposed to peacekeeping operations, for far too long. You can tolerate a certain amount of that, but when a difficult combat operation goes on for years and years it is bound to cause very serious mental problems among our servicemen. Like many noble Lords, I think that this is going to bite us very hard in the future.

[Lord Empey]

Does the noble Earl agree that we in the UK have a reasonably well documented example of that? Among members of the Royal Ulster Constabulary, who were effectively in a combat situation both in work and at home for many years, after the Troubles there was a substantial rise in the number of mental health issues that were presented. I am sure that the department would have those statistics available, and there might be some interesting things there.

[Lord Thomas of Gresford]

My Lords, I would like to say something about attitudes towards mental health. I remember in the 1970s appearing on behalf of a person who had been blown up rescuing a pilot from a plane in the Western Desert during the war some 30 years before. It was extremely difficult in those days to persuade the ministry—the War Department, I think it was—that he was entitled to a war pension. We succeeded in the Divisional Court, but in the next election when I was a candidate he stood up and told the people there that if they voted for anyone, it should not be that Liberal candidate as he had problems.

Armed Forces Bill

Lord Empey Excerpts

Thursday 11th February 2016 Lords Chamber

[Lord Empey (UUP)]

My Lords, it is a great pleasure for me to follow the very eloquent maiden speech of the noble Lord, Lord Murphy of Torfaen. His status as a former Cabinet Minister is demonstrated by the fact that he has two very distinguished Members of your Lordships’ House as his senior supporters on either side of him. One could assume that they are there to support the noble Lord. However, there is perhaps another interpretation—that they are there to control him.

I was privileged to work with the noble Lord, Lord Murphy, during the Northern Ireland peace process for many years in his different roles. He started off as Minister of State at the Northern Ireland Office during the negotiations. At half-past three in the morning, when we were in the midst of very difficult and complicated discussions, he still retained that pleasant approach to people in very difficult circumstances. He did not lose his temper or become aggressive and was always able to calm the troubled waters. He moved on to greater distinction and became Secretary of State, having, I think, served as Secretary of State for Wales before and after that appointment, a distinction which he shares with his noble friend Lord Hain. This House greatly appreciates the presence of this great parliamentarian who has served the people of Wales with distinction for many decades. I have no doubt that we will all be enriched by his presence in your Lordships’ House in the coming years. He is extremely welcome. I also take this opportunity to congratulate the noble Baroness, Lady Pidding, on a very finely delivered address. That indicates that we now have two additional Members of our House who will serve Parliament very well.

A number of noble Lords have referred to the military covenant. During the passage of the previous Armed Forces Bill, amendments were passed to require regional Administrations to report annually to the Secretary of State for Defence on what they had done to implement the covenant. This was important because defence is a national issue; it will never become a devolved issue. It was important that the same level of service should be delivered in every part of the United Kingdom and that service personnel in any part of the United Kingdom should receive a level of service that was roughly equivalent. As many of the services are delivered by devolved functions, it was essential that that report be produced.

It is an absolute disgrace that when the first report was delivered to Parliament, the contribution from the Northern Ireland Executive consisted of no comment—no report—yet a very large number of people are dependent on services being delivered in that area. During the passage of the Bill, we warned that that sort of thing would happen. Although the military covenant continues to be delivered, that is largely because the relevant departments happen to be populated by Ministers who are sympathetic to it. However, that is not a permanent state of affairs and will change with time. I fear that this House will have to come back to this issue and it will be much more difficult to deal with at that time than it was during the passage of the previous Armed Forces Bill.

I turn to mesothelioma. No Member of this House has done more on that issue than the noble Lord, Lord Alton, who I am pleased to see in his place. Noble Lords will note that my colleagues in the other place tabled an amendment on Report which they subsequently withdrew after debate and assurances from the Minister. We have heard a number of noble Lords and noble and gallant Lords say today that a small number of people will still be excluded from the relevant provision. Let us not go through this again. Some people have been excluded for years and years. We know what the issue is. We know what the outcome of that is. Why do we not fix it once and for all and make sure that no one is excluded? We are not talking about a huge number of people, but a matter of natural justice is involved. I sincerely hope that in Committee the Minister will reassure us that all the personnel who are potential victims will be dealt with.

My next point concerns a matter to which many noble Lords have referred in this debate—namely, the ludicrous position in which we find ourselves as a nation whereby we are torturing ourselves and our Armed Forces through the litigation circus that is going on. Can one imagine what the legal consequences today would be of the bombardment of the Normandy beaches? We would be accused of blowing up French civilian property and injuring civilians. The captain who ordered the shelling would be charged with all sorts of things. The situation has run completely out of control. Ministers of the Crown have stood up in the other place and made speeches berating the fact that lawyers are chasing around looking for cases and pursuing members of the armed services. However, Parliament has voted money which means that they are being paid to do that. Opportunities for them to do that have been provided by Parliament. At the same time, many of the legal costs are far greater than the compensation received by many of the victims. Ministers know that and openly say so, but what solutions are coming forward? I say that no solutions are coming forward for the simple reason that this Parliament does not quite get what it means to sign a treaty. We are bound by all these treaties and we have signed far too many. They have led us to war and after war and we still face difficulties. I do not wish to see the United Kingdom armed services out of legal control; that would be totally wrong. Standards must be high and we must set examples, but that goes back to training. It also goes back, as many noble Lords have mentioned, to the legal framework within which the armed services operate.

We have taken this a stage too far. Take an example from Northern Ireland, where we have cases that are four decades old. We have a situation where there are still 30 detectives doing nothing but looking at the Saville case. What message are we sending to service personnel? They have saved hundreds and thousands of lives and come back from the battlefield broken in mind, body and spirit. Indeed, the person who now occupies the seat I held in the Northern Ireland Assembly lost both his legs in Afghanistan and suffered severe damage to his sight. What are we saying to those people when they are being chased after for years? I believe in the European Convention on Human Rights but courts there have interpreted it in ways that were never envisaged. It is not possible for such interpretations to sit right with a battlefield situation.

Nothing has come forward to fix this, because we are signed up to treaties—I do not think the Government know how to fix it. I hope the Minister will prove me and other noble Lords wrong. I do not know what the precise legal solution is but I know we need one. It will not be feasible to ask young people to go to war without one. Why do we send them to war if we are not prepared to carry through the logical consequences of doing so? We cannot authorise people to risk their lives and do what damage they can to the enemy and not follow that through. When they tell us that what they did is not their responsibility because this or that sergeant or captain ordered certain actions on the battlefield we cannot withdraw, wring our hands, and say that is terrible. The Armed Forces should not be left in this limbo: clarification is needed. We do not know when we might push them into battle once again. The world has never been more uncertain: dictators are acquiring huge amounts of weaponry; we have threats to the east and in the Far East; the Middle East is a mess. Any of these theatres could lead to conflict at any time and we have still not fixed this problem. With amendments, this legislation could be a vehicle for doing so.

Will the Minister address the question of mesothelioma and ensure that no one is left behind? The noble Lord, Lord West, talked about making snowballs with the asbestos in his vessel. That was a pastime in Harland and Wolff shipyard for years. Workers used to come home with white around their shoulders because they were covered in it. When I was Minister for Enterprise I set aside £180 million up until 2050 for cases we believed had yet to come forward. That is how long we are talking about. It is not simply the individuals who were there at the time who are at risk. They brought the material into their homes—their families may have done their washing and their children played around it. A new generation has this condition and, as the noble Lord, Lord Alton, knows, little or no research into treatment is going on anywhere in the world. I sincerely hope this is one thing this legislation will fix once and for all.

--- Later in debate ---

[Earl Howe]

I will reflect on that point in the customary way and write to the noble Lord about that suggestion.

[Lord Empey]

My Lords, I am in favour of annual reporting and we pushed that hard last time. I mentioned that the Northern Ireland Executive have failed to make a report. Therefore, that opportunity for Parliament to scrutinise what is happening with a reserved and excepted function, which will never be devolved, is no longer available. I raised this at the last occasion and would be most grateful if the Minister will ask his department to look at it. I fear that it is only a matter of time before something goes wrong.

[Earl Howe]

I will, of course, take that away as well. I simply say that delivery of the covenant extends to the whole of the UK and that there is money to underpin that in Northern Ireland. The annual report includes input from the Welsh and Scottish Governments and the Northern Ireland Executive. It is important that we continue to work together to ensure that there is universal support for the Armed Forces wherever they work and live, and that must extend to Northern Ireland. In 2013, the Select Committee on Northern Ireland Affairs assessed that over 93% of covenant measures applied in Northern Ireland. It is sensible that in 2016 we update our assessment of how the covenant is being delivered there and I assure the noble Lord that that will be a priority.

I hope that noble Lords will forgive me for not covering the other things I would have liked to cover. The noble Lords, Lord Campbell of Pittenweem and Lord Young of Norwood Green, and the noble and learned Lord, Lord Brown, referred to Clause 14 and I welcome their comments. My noble friend Lord Attlee referred to women in combat roles and the blurred distinction—as he put it—between the regular and the reserved services.

The noble Lord, Lord Judd, and the noble Baroness, Lady Jolly, referred to the recruitment of under-18s and in particular how they were missing out on education. The noble Baroness also spoke about Gulf War syndrome and a range of other subjects, including the commanding officer’s discretion to investigate sexual assault, and the independent oversight of service police. I promise to include these and other matters in letters to noble Lords which I will copy to everybody. I also hope to follow up the important comments made by the right reverend Prelate the Bishop of Portsmouth on service chaplains. The same applies to my noble friend Lord Lyell in answer to his questions about Gibraltar and the British Overseas Territories.

This is a good Bill. It is small but it does what it needs to do. I am greatly encouraged by the welcome that noble Lords have given it today and I look forward to Committee and the exchanges that that will undoubtedly bring. I beg to move.

Armed Forces: Airborne Maritime Patrol

Lord Empey Excerpts

Thursday 4th June 2015 Lords Chamber

Asked by

[Lord Empey]

To ask Her Majesty’s Government what plans they have to improve the United Kingdom’s airborne maritime patrol capability.

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, we have been clear for some time that the right point to look again at the requirement for a maritime patrol aircraft is in the forthcoming strategic defence and security review, the SDSR. That decision will be informed by the latest threat assessments and the conclusions come to in recent years. We continue to embed around 30 former Nimrod air crew in the maritime patrol communities of allied air forces in order to reduce the time and risks associated with regenerating a capability.

[Lord Reid of Cardowan (Lab)]

My Lords—

[Lord Empey (UUP)]

Steady on. Does the Minister not agree with me that one does not need a review to know that, as an island nation with a sea-borne nuclear deterrent capability, we are not even in a position to secure our own deterrent, because we do not have the capability to do so? I understand that all things have to be reviewed, but this is such a no-brainer. It is obviously of great concern if we cannot protect our own sea lanes against an increasingly aggressive Russian naval force. Will the Minister go back to his right honourable friend in the other place and say that we should be proceeding now to prepare the necessary facilities to ensure that we have adequate protection for our nuclear deterrent as well as for our shores?

[Earl Howe]

My Lords, I absolutely do not accept that we cannot protect our own sea lanes. We have acknowledged that we have a capability gap, following the decision not to bring the Nimrod MRA4 into service, but at the same time we made it clear that we chose to accept that gap because we knew that we could mitigate it through employment of other assets, as well as through co-operation with allies. Even taking operational activity into account, we remain of the view that the SDSR is the right context in which to take a decision of this significance.

Armed Forces: Aircraft Carrier

Lord Empey Excerpts

Thursday 29th January 2015 Lords Chamber

Asked by

[Lord Empey]

To ask Her Majesty’s Government whether they will have operational aircraft to fly off the new Queen Elizabeth aircraft carrier when it comes into service.

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con)]

My Lords, initial flight trials of the F35B aircraft from the carrier remain on track for 2018, allowing a coherent build-up towards delivering a cutting-edge expeditionary capability for the UK from 2020. Royal Navy and Royal Air Force pilots and supporting ground crew are now operating UK F35Bs in the US, to conduct flight and weapon trials and, in due course, flights off our carrier. Our carriers will be capable of operating a wide range of operational aircraft, including helicopters.

[Lord Empey (UUP)]

My Lords, there is widespread concern at the substantial gap in time during which we will have an absence of capability. This is also evidenced in our having no capability whatever in airborne anti-submarine detection, running in parallel. Was it wise to put all our eggs in one basket and leave a major part of our defence capability dependent on the development of a single aircraft which is, as yet, unproven and increasingly expensive?

[Lord Astor of Hever]

My Lords, this is a fantastic aircraft. British pilots who fly it tell me it is a real step change in capability. The F35 fleet has now flown some 20,000 hours and successfully completed two sets of sea trials off the USS “Wasp”. The F35 is the world’s largest single defence programme, and the UK is playing a leading role as the only non-US level 1 partner, resulting in significant contracts and jobs for UK industry.

Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) (Northern Ireland) Order 2013

Lord Empey Excerpts

Tuesday 17th December 2013 Grand Committee

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con)]

Noble Lords may recall that I led a debate on 15 October this year, introducing this legislation specifically for those seriously injured service and ex-service personnel resident in Northern Ireland who are entitled to an Armed Forces independence payment, or AFIP. This legislation provides access to additional benefits, schemes and services, known as passported benefits. The Motion was passed by the Committee but, due to a procedural error in the progress of the statutory instrument in the other place, the legislation must be debated again before it can come into force.

Although the AFIP has been available to seriously injured service and ex-service personnel resident in Northern Ireland, the legislative changes to provide access to passported benefits have not been implemented. A second statutory instrument, amending secondary legislation, will be in place shortly. Today’s debate gives Members a second opportunity to debate this legislation. It provides access to two minor but important legislative changes in respect of carer’s allowance and the Christmas bonus.

This legislative change will ensure that those who provide invaluable support to seriously injured members of the Armed Forces in receipt of AFIP have access to carer’s allowance in Northern Ireland from the Department for Social Development. Carer’s allowance is currently £59.75 per week. This change will make provision specifically for those who devote their lives to supporting our seriously injured people, providing some financial support for doing so. It is only right that a person caring for an AFIP recipient should have access to carer’s allowance. The provisions relating to the Christmas bonus will ensure that all recipients of AFIP automatically qualify for the tax-free, lump sum Christmas bonus of £10.

By putting in place the provisions to give AFIP recipients resident in Northern Ireland access to the additional benefits, schemes and services that are offered by other government departments, devolved Administrations and local authorities, the Government are giving them treatment equal to that offered to service personnel and veterans resident elsewhere in the UK. It is important that we address these issues, meeting the principles at the heart of the covenant across all Administrations for members of the Armed Forces and veterans who are seriously injured. I hope the Committee will therefore once again approve the order today.

[Lord Empey (UUP)]

My Lords, the Minister will know that my interest in these matters goes back to the passage of the Armed Forces Bill in 2011, when a number of amendments were discussed in relation to ensuring that the military covenant was applied universally throughout the United Kingdom, particularly in Northern Ireland. One of the points made at that time was that many of the services that are required to be provided for soldiers, former soldiers and their families are devolved matters in different parts of the United Kingdom. The question then arose: how could the Secretary of State for Defence prepare and deliver a report to Parliament, given that he or she would not be in control of many of the services required in the regions? It was also based on the general principle that these services should be as universally available to eligible personnel throughout the UK as possible.

There are a couple of aspects to this. I understand the technical matters that the Minister has addressed, and the fact that the legislation has had to be reintroduced. However, I seek the Minister’s assurance on a couple of issues. First, the welfare issues are currently before the Northern Ireland Assembly. I have no doubt that amendments will be tabled in that Chamber. Whether they affect any of this is unclear, but sooner or later the Welfare Reform Bill will be passed in Stormont, and then we will see where that takes us. Any amendments may well involve a cost to the Northern Ireland Assembly from the block grant. I think people realise that is the case.

The issue that concerns me more than that is that the Minister is saying that the Government have received the consent of Northern Ireland Ministers from the relevant departments for these proposals. Does that mean that the Government will require a legislative consent Motion to come from the Stormont Government or the Assembly, or is there sufficient administrative flexibility for Ministers in Northern Ireland, on their own, to give the Minister and the department the assurances they seek?

The second point is one I made during the passage of the Armed Forces Bill, and I know the Minister is aware of my concern. Although the fact—if it is the case—that he has the consent of Northern Ireland Ministers is welcome, Ministers in various departments will change from time to time. Therefore, the consent of Ministers cannot be guaranteed in the long term. What does the Ministry of Defence do in the event of a Minister refusing his or her consent? That was a point I made during the passage of the Bill. In the short term there is no problem; however, in the long term there may well be one.

I therefore seek an assurance from the Minister that the Government will take all necessary steps, legislatively if necessary, to ensure that the services provided to injured personnel and their families will be provided throughout the United Kingdom, even if there is opposition from the local Administrations. I fear that a pattern has developed whereby we are hiding behind the Sewel convention, to the extent that it is now regarded as a shibboleth. Is Parliament devolving powers or giving them away permanently to local Administrations? That is a big issue for devolution generally.

The specific issue before us is that currently the consent of Ministers in Belfast is required. I understand that. At the moment, it appears that that consent is being given, and I am glad about that, but in the long term it might not be. I say to the Minister that when the next Armed Forces Bill is introduced, which I gather will be around 2016, I would be willing to bring forward proposals to correct any difficulties that might arise because the ministerial team in Belfast had, by then, changed. The issue that concerns me could arise—we have seen it already with the National Crime Agency, where it is not yet resolved.

I feel very strongly about this issue. The House accepted, during the passage of the Armed Forces Bill, that regardless of where they come from or live in the United Kingdom, the services provided to help former soldiers and service personnel who have served in the UK Armed Forces should be available as equally as possible. Nobody should suffer discrimination because they happen to come from a devolved region. This is Parliament’s responsibility, because the Armed Forces are an excepted matter under devolution. In my opinion, it will never be a devolved issue. Therefore, this Parliament has an overarching responsibility to see that these services are provided on an equitable basis, irrespective of where the recipient comes from. I seek the Minister’s assurances on all these matters.

[Lord Rosser (Lab)]

My Lords, the Minister has reminded us that we debated this matter on 15 October when the order was agreed and we expressed our support for it. The Minister has explained why we have to approve the order again, and that is certainly not an issue on which I wish to dwell.

I have just a couple of brief points, since I do not intend to repeat what I said on 15 October. In responding to points I raised then, however, the Minister said that the number of,

“seriously injured service or ex-service personnel … covered by this order relating to Northern Ireland … is fewer than 20”.—[Official Report, 15/10/13; col. GC 213.]

I simply ask, since the order is not coming into effect on 28 October as was envisaged, whether anyone has lost out as a result, as the order itself indicates that it comes into force on the day after that on which it is made. It would be helpful if the Minister could clarify what date that is likely to be, and whether anyone has lost out as a result of this apparent delay in bringing the order into effect for the reasons the Minister mentioned.

Armed Forces: Future Size

Lord Empey Excerpts

Tuesday 8th January 2013 Lords Chamber

Asked By

[Lord Empey]

To ask Her Majesty’s Government, in the light of recent international developments particularly in the Middle East, whether they will review their plans for the future size, configuration and equipping of the Armed Forces.

[Lord Empey]

My Lords, I welcome the opportunity for the House to discuss defence issues, given the ongoing sacrifice that our soldiers, sailors and Air Force personnel are being asked to make on behalf of this country. Sadly, another example of that sacrifice has been drawn to our attention today.

Leaving aside the question of how or whether we should be fighting in recent theatres of operation, the reality is that we have had large numbers of troops deployed overseas for many years, enduring great hardship and significant losses. Before the Recess, I asked the Minister for details of those who had suffered life-changing injuries as a result of their deployment in Iraq and Afghanistan. For the record, I will repeat the Minister’s Answer:

“My Lords, for reporting purposes serious UK operational casualties are usually categorised as having either serious or very serious wounds and injuries. Between 2003 and 2009, 222 UK casualties in Iraq were included in these categories, while the number for Afghanistan between 2001 and November this year was 591”.—[Official Report, 19/12/12; col. 1543.]

These are sobering figures and do not even include those who may suffer mental health issues in later years as a result of their experiences.

I labour this point because, due to the vast improvements in battlefield medicine, wounded soldiers are surviving injuries that they would not have done in earlier conflicts. It follows that upon returning to the UK with severe injuries, they will require perhaps 60 years of care, and I wonder if the NHS, which will have to bear this burden, is fully prepared and resourced for the challenge.

One keeps hearing examples of the problems returning soldiers and their families have in adapting to civilian life, especially if injuries have occurred while in service. The number of former soldiers who end up in the justice system should alert us to the difficulties they face. The long-term welfare of our Armed Forces must remain a top priority and I hope the Minister can give the House an assurance that there will be no skimping when it comes to assisting with both welfare issues and professional services aimed at helping and equipping former soldiers for the world of work.

Upon taking office in May 2010, the coalition Government undertook a review of the Armed Forces, with the emphasis on ensuring, among other matters, that the sums for procurement add up and that, in future, programmes and equipment would be affordable and delivered on time. For a new Government, with an apparent multibillion pound overage in its spending commitments, this was an obvious thing to do. Furthermore, the threats faced by the United Kingdom are always changing and any responsible Government are required to test our military configuration and equipment against the threat levels we face.

Considerable controversy followed the 2010 strategic defence and security review. This is not surprising, but perhaps the most hurtful and humiliating development was the realisation that we currently—and for some years to come—have no seaborne fixed-wing air capability. For an island nation to have such a limited option to project its power from aircraft carriers leaves us effectively out of business in many possible conflict scenarios. It is hard to see how we could defend ourselves without significant help from others.

Only months after the review was published we were plunged into the Libyan conflict. I believe that the Government did the right thing by intervening with our allies to protect the people of that country from almost certain mass murder by the Gaddafi regime, but our inability to fly missions from aircraft carriers added to the cost and the risk to our Armed Forces. Air crews, who did a magnificent job, had to fly long distances to land bases in Italy, which even a few years ago may not have been available to us.

We know that the previous Government commissioned two large aircraft carriers, which are under construction, but more embarrassment was to follow when we learned that there were no aircraft to fly from them. Our choice of a replacement for the Harrier went from one design to another and then back again. It reminds me of sending a football team on to the pitch without the benefit of a goalkeeper.

Given that the UK still has a large military spend compared to many of our competitors it is hard to fathom why we find ourselves in this powerless position. We did not get here simply from 2010 but were clearly going to founder because of decisions taken, or not taken, long before then. As protection of the nation is a top priority for any Government, ending up in this mess represents a fundamental failure of the state to provide adequate protection for its citizens.

Our present political model leaves us open, as a nation, to short-term and bad decision-making. We all recall that the decision to save a paltry sum in the South Atlantic in 1982 cost this country dearly, in both personnel and treasure, by signalling to the Argentine military junta that we were not serious about protecting the Falklands. What message are we sending out now when we are incapable of providing adequate seaborne airpower?

Earlier I referred to the situation we found ourselves in during the Arab spring in Libya. This “spring” will soon be two years old, and a major civil war is raging in Syria, with all the usual suspects in the region involved by proxy. Iran will defend Assad to the last, even if the Russians and Chinese see that he is finished. Iran will stop at nothing if it sees its main ally in the region about to fail. The Strait of Hormuz is still under threat. None of us here can tell how things in the Middle East will play out.

Last week, Danish, German and American troops were deployed to Turkey to set up Patriot batteries to protect the Turks against Scuds and other missiles that we know Assad possesses. Lebanon and Jordan are once again being destabilised by the mass movement of refugees, and internal disputes have reignited in both these countries. Will the Minister assure the House that the Government continue to keep the Middle East situation under constant review and will adjust and reconfigure our forces as required to meet the emerging threat posed by the instability in this region?

One of the principal reasons given for the second war in Iraq was the alleged presence of large volumes of weapons of mass destruction, hidden by Saddam Hussein for future use. Despite many searches, little evidence was produced that such weapons existed in Iraq. Since then, however, weapons of mass destruction have been used by terrorists in Iraq. Nerve gas booby-trap bombs have been deployed on a number of occasions and other chemicals have been combined with explosives to maximise casualties, including in al-Qaeda attacks in east Africa. Can the Minister confirm that coalition forces in Iraq and Afghanistan have encountered nerve agents and other chemical weapons which were in the possession of terrorists? Can he assure the House that our own Armed Forces are adequately equipped and trained to deal with attacks involving such agents and chemicals in this country, as well as in other theatres of operation?

One of the biggest defence-related debates, even within the coalition Government, is the future of our independent nuclear deterrent. The current delivery system is moving towards the end of its operational life; in view of our current financial position, people will be asking if there is a less expensive alternative, given that the threats the UK faces are more likely to come from unconventional enemies. Can the Minister set out government policy in this matter and the extent to which decisions have been taken for a replacement for the Trident system?

As a result of the 2010 review, the three services were all subject to personnel reductions. I accept that numbers are not the whole story; nevertheless, there appears to be a pattern developing of more tasks having to be performed against a background of falling numbers. We had two long-term overseas deployments taking place at the same time as Operation Banner was happening here in the UK. Is the Minister satisfied that the Armed Forces are not being overstretched and, as a result, seeing their flexibility severely depleted? Furthermore, given recent and unjustified violence from both loyalist and IRA sources in Northern Ireland, will the Minister assure the House that, should it be required by the chief constable of Northern Ireland, military support will be available to him? Sadly, over the weekend, a threat was made by IRA elements to any Irish citizen serving in the British Army. I ask the Minister, therefore, to bear that in mind in his response.

When we debated the Armed Forces Bill in 2011, a number of amendments arose from our deliberations. A commitment was given then that the Secretary of State for Defence would report annually to Parliament on the progress being made throughout the UK in implementing the covenant under certain headings. Can the Minister say when such a Statement is likely to be made so that we will have the opportunity to question him on developments? Following on from that, can the Minister confirm whether Armed Forces advocates have been appointed from all parts of the United Kingdom?

I said at the outset that we owe a massive debt of gratitude to our Armed Forces for the work that we ask them to do. They do not unilaterally go to wage war or defend our interests around the world: we send them. It is therefore our responsibility to ensure that when things go wrong and service personnel are killed or injured, those left behind or needing long-term care are adequately provided for. We continue to hear cases of hardship. During the debate on the Bill in 2011 it was suggested that we should have something like the US Veterans Administration in this country. In response, the Government said that they preferred the current model.

I care little about which model we follow; what matters is that the help is provided. It annoys a lot of people to hear tales of ex-service personnel being refused this or that help from a country that can find endless supplies of money to cater for the needs of Abu Qatada and his ilk. I trust therefore that even in these times of economic difficulty we will continue to pay close attention to the defence needs of this country. If we fail to do so, history teaches us that we always end up paying a high price as a nation.

Armed Forces: Long-Term Care

Lord Empey Excerpts

Wednesday 19th December 2012 Lords Chamber

Asked By

[Lord Empey]

To ask Her Majesty’s Government how many members of the Armed Forces have sustained life-changing injuries as a result of their service in Iraq and Afghanistan; and what additional resources will be made available for their long-term care.

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)]

My Lords, for reporting purposes serious UK operational casualties are usually categorised as having either serious or very serious wounds and injuries. Between 2003 and 2009, 222 UK casualties in Iraq were included in these categories, while the number for Afghanistan between 2001 and November this year was 591. We constantly invest in staff, facilities, patient welfare and treatments, including rehabilitation, to ensure that casualties get the best possible medical treatment and ongoing care.

[Lord Empey]

I do not wish to get into an argument over statistics, but clearly the Minister’s figures cannot possibly at this stage include people who will suffer from mental illness, which, as we know, emerges over time. However given that many of these casualties will require care for anything up to 60 years or more and that the care is of a specific nature which cannot inevitably be supplied by the Armed Forces, what strategy is in place to ensure that the National Health Service, which will have to bear this burden, is adequately resourced? The resources will have to be not only financial but professional, with specific knowledge required to treat these casualties whose sacrifice ensures that we continue to enjoy the freedoms which sadly we so often take for granted.

[Lord Astor of Hever]

My Lords, the noble Lord asks an important question. I assure him that my department takes this issue very seriously. The continued care of veterans injured while in the Armed Forces remains a key component of the military covenant. When personnel leave the services, responsibility for their healthcare is transferred from the Ministry of Defence to the NHS. We are working closely with the Department of Health to ensure that any service-related medical needs are met throughout their civilian lives. For example, the NHS is introducing national specialist prosthetic and rehabilitation centres to address the long-term needs of amputee veterans. It also recognises concerns about their mental health and is introducing a nationwide network of new veteran-focused mental health outreach and assessment teams.

Armed Forces: Olympic and Paralympic Games 2012

Lord Empey Excerpts

Wednesday 7th November 2012 Lords Chamber

Asked by

[Lord Empey]

To ask Her Majesty’s Government what measures they propose to take to recognise the contribution made by the Armed Forces to the success of the 2012 Olympic and Paralympic Games.

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)]

My Lords, I pay tribute to the efforts and the hard work of all those who so admirably made the Olympic and Paralympic Games such a success this summer. Your Lordships will no doubt be aware of the public thanks given by the Prime Minister, the Mayor of London and many public dignitaries. Members of the Armed Forces involved with the Games will receive a commemorative coin as a mark of appreciation for their outstanding contribution. This is an episode that the services can look back on with great pride.

[Lord Empey]

In the aftermath of the G4S debacle, our Armed Forces once again came to the rescue and saved our country from a massive humiliation in front of the whole world. They helped to provide a safe environment for the most successful Games ever and we owe them a great debt of gratitude. Will the Minister tell the House what financial contributions have so far been made by G4S to compensate the taxpayer as a result of that company’s failure to meet its contractual obligations?

[Lord Astor of Hever]

My Lords, I agree with the noble Lord that we owe the members of the Armed Forces a huge debt of gratitude for what they have done. Negotiations are ongoing between the London Organising Committee of the Olympic and Paralympic Games and G4S over the fee that the Government will pay as a result of its failure to meet the contractual agreement. I can tell the noble Lord that as a good will gesture, G4S made a donation of £2.5 million to service charities in recognition of the fine work done by our service personnel to fill the void in G4S’s delivery. This donation will be used to support Armed Forces sporting and welfare organisations, including through the purchase of additional sports equipment and support to service sports associations.