Armed Forces Bill

Lord Judd Excerpts

Tuesday 6th September 2011 Grand Committee

[Lord Patel]

My Lords, I have my name down to support Amendment 11 in the name of the noble Lord, Lord Kakkar. The comments that the noble Lord, Lord Davies of Stamford, made about the amendment in no way diminish the important point that it tries to make. It is about collecting information relating to healthcare needs “affecting service people”—that is specified by the amendment, and includes families—

“including issues related to access to healthcare”.

There was a clear deficit in access to healthcare by service personnel and their families.

In my time, I have had the privilege to serve on the peer review board, ably and effectively chaired by the noble Baroness, Lady Dean, and as a member of the Armed Forces equality and diversity advisory group, and I have come across many service personnel and their families. Being the only doctor on the board it was inevitable that they spoke to me about health issues. There was a clear deficit in access to healthcare by service personnel and their families, and in the kind of care offered to those who suffered injuries and whose surgical repair required long-term care, particularly physiotherapy, to make them fit again. That was absent. To have a covenant that requires the authorities to produce a report that tracks the healthcare needs of service personnel and their families is extremely important. We need a commitment to look after them as they move about. Their usual comments were that they had to join the end of the queue again on the waiting list as they moved from one place to another. The amendment makes a commitment to collect that information. Although the amendment refers to “research” it is not research in the true sense, but collecting information. I do not believe that the amendment would add an extra burden in any way.

[Lord Judd]

My Lords, I hope that the Minister will take seriously the arguments that have been put forward this afternoon. With the tremendous demands that we make on our armed services and the way in which they discharge their responsibilities, our responsibility is redoubled to make absolutely certain that whatever the good intention of the new legislation—the proposals are impressive in many respects—it is not allowed to become a formality in which the real application of its spirit becomes minimalist rather than maximised. We need to be clear that effective muscle is in place.

It is a long time since I had the privilege of being a Minister at the Ministry of Defence. In those days we had Ministers responsible for the services and I had responsibility for the Navy. I can remember clearly that issues were raised about the welfare of personnel in the Navy even back then in the early 1970s. The Seebohm report was produced by the distinguished man of that name, who wanted to put in place effective arrangements to ensure that there was proper provision for the welfare of naval personnel. In those days it was regarded as a very hostile concept. There was a lot of defensive reaction within the service for which I was responsible because it was felt that it was undermining the responsibility of leadership in the services. There were well informed and courageous officers at that time who were saying quite the reverse and that the responsibility of leadership is to make sure that things happen and are well done. If we know that we do not have professional insights or experience that is relevant to proper provision, we have a responsibility as leaders to ensure that it is available. The report prevailed.

I make that point because it seems that our attitude has come on by leaps and bounds, and I can do nothing but welcome how those with a great deal of highly relevant and recent senior service experience are seeing all this as part of discharging our responsibilities to the personnel who serve us so well.

[Baroness Finlay of Llandaff]

My Lords, I wish briefly to add a comment to Amendment 11, which is in the names of my noble friends Lord Kakkar and Lord Patel. We have a changing system of healthcare delivery for those coming back from active service, with an increasing number now being looked after in primary care and in hospitals nearer their own homes wherever those are. It is important that we monitor the quality of care. In meeting service personnel who have been severely injured, I have been struck that one of the problems that they are now hitting relates to limb fitting and rehabilitation services that go along with that. That is from the perspective of the recipients, and maybe we need to think of more cost-effective ways of meeting the very specific needs of those who have become multiple amputees through an incident on the battlefield, for example.

There is another aspect to this, however. If we do not collate this information we will not get the information on the best way to deal with the trauma when it occurs in the battlefield. The way that trauma is inflicted on our troops is changing very rapidly as enemies use different methods and different types of improvised devices to cause injury. The speed of response of our services and medical services at the front line, and indeed the other members of the forces who are with them at the time, makes the difference between survival and death.

Survival figures from battlefield trauma are a credit to those medical services. They are astounding and I have had the privilege of having discussions with some of the medics who have been in the front line doing the trauma. They also need the information, however, in the longer term of whatever they do out in the field. There are very clear clinical indications for the management of trauma on the battlefield, wherever it happens, to make sure we save more lives and that we maximise the chance of recovery. All those lessons spill over into civilian life as well, where there are multiple accidents, explosions and other forms of trauma. The way that our ordinary civilian paramedical services deal with trauma is often based on lessons learned in the battlefield.

I commend Amendment 11, which might seem as if it sits a little outside the others in this group but actually will have some very important long-term implications. It is an opportunity lost if we do not collect the data.

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Moved by

[Lord Judd]

6: Clause 2, page 2, line 10, at end insert “, including minors under the age of 18 years”

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[Lord Judd]

My Lords, I shall speak also to Amendment 8. These amendments have been tabled in the name of my noble friend Lady Drake, who is sorry not to be here; she is involved in the work of a Select Committee this afternoon. We will all remember her particularly telling speech at Second Reading on the matters covered by these amendments. At the outset I should also like to pay tribute to my noble friends Lord Rosser and Lord Tunnicliffe on their Amendment 22, which underlines some of the objectives of these amendments.

I will argue that the MoD has a legal duty of care to all service personnel. In the case of personnel aged below 18 years, additional legal and moral obligations arise due to the fact that they are minors and recognised as children in national law. The MoD has to ensure and demonstrate that it is meeting these specific obligations, including through the regular and transparent publication of relevant data for public and parliamentary review. The purpose of the amendment is to ensure such a review by requiring the Secretary of State, in preparing the Armed Forces covenant report, to include a report on the position of minors under the age of 18 with regard to their physical and mental welfare, education and employment.

The need for constant vigilance regarding the welfare of minors in the Armed Forces is a particular priority given that they constitute a very high percentage of new recruits each year. In the financial year 2010-11, minors alone constituted 29.8 per cent of new Army recruits: some 2,400 individuals. Averaged across the three services, minors constituted 24.1 per cent of the intake in the same period. As far as I am aware, no other ministry or department directly employs such a significant proportion of minors, making the MoD’s duty of care obligations quite unique.

The British Armed Forces offer new recruits of all ages a unique lifestyle and unique career opportunities. Many individuals thrive on the excitement, challenge and personal reward which this entails. At the same time, an Armed Forces career is extremely demanding, and the risk of serious physical harm and psychological pressure faced by service personnel both in training and on active service should never be underestimated. To ensure that the MoD is adequately discharging its duty of care, evidence is needed to demonstrate that recruiting minors does not place them at excessive, unnecessary or disproportionate risk of such harm as a result of their age and reduced maturity.

These concerns arise in particular in relation to evidence that the youngest Armed Forces recruits are more susceptible to serious mental health problems than older colleagues. The MoD itself has published interesting research demonstrating that the suicide rate among soldiers aged 19 and below is 50 per cent higher than the rate among equivalent males in the general UK population. Conversely, older Armed Forces personnel have significantly lower suicide rates than their civilian peers. Analysis has also indicated a link between vulnerability to post-traumatic stress disorder and youth in soldiers. If it is the case that younger personnel are at risk of such difficulties, proper measures obviously need to be taken to redress the problem. The gathering and review of comprehensive data on this matter is an essential preliminary step.

While recognising the potential opportunities offered, the recruitment of minors into the Armed Forces is nevertheless in stark contrast to the age limits imposed on other dangerous work, for example in the police, fire or ambulance services. The recruitment of minors is also the exception rather than the rule among armed forces internationally. Fewer than 60 countries still recruit minors, and fewer than 20 recruit 16 year-olds. To justify these exceptions and demonstrate that current policy reflects the best interests of the child—a key principle in national and international law—continual evidence-based review is surely required.

One of the Government’s primary duties to young people is to ensure their education, both as a means of personal development and as an essential prerequisite for a life of gainful employment. The Armed Forces offer recruits a variety of training and educational opportunities. However, as the number of teenagers staying on in education to at least the age of 18 in the country as a whole increases each year, along with the quantity and quality of qualifications they gain, it is necessary to ensure that recruits who join the Armed Forces while still of school age are not placed at any long-term disadvantage.

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[Lord Judd]

My Lords, I have a dilemma. Some colleagues have suggested that I should go back to the beginning and start again. That would be a bit onerous. On the other hand, I have a note from Hansard asking for my speaking notes, which is a bit premature because I have more to say.

The education and training provided to minors in the Armed Forces not only must be adequate for their immediate situation but should ensure that they have the necessary qualifications to succeed at work within and outside the Armed Forces for the rest of their lives. If young recruits do not gain recognised transferable qualifications while in the Armed Forces, they are likely to encounter far greater difficulties finding employment if and when they return to civilian life. Despite the vital importance of education, the MoD has stated that it does not keep any comprehensive record of the qualifications achieved by minors in service. The amendment seeks to redress this absence and to ensure that adequate standards are met.

While the Armed Forces have always been proud of the educational opportunities that they provide for young recruits, recent evidence indicates that the basic educational provision for minors may now be falling behind the levels expected in mainstream education. Minors training at the specialised Army Foundation College in Harrogate study a very limited academic curriculum, covering English, maths and IT only, at a level equivalent to a low-grade GCSE pass. They do not study for GCSEs, A-levels, BTECs or similar qualifications. It should be noted that this is in contrast to the excellent academic results achieved at the Welbeck Defence Sixth Form College, where students who are not Armed Forces personnel but who wish to pursue a career in the forces study a range of A-level subjects alongside military-style training to prepare them for a future military career.

Would it not be more beneficial for both recruits and the Armed Forces if the career entrance path for minors was focused on education until recruits reach 18? Vocational training leading to recognised transferable qualifications could form the basis of education for recruits who are less academically inclined. Once again, I suggest a comprehensive assessment of data on this issue is necessary in order to ensure that the MoD is fully discharging its obligations towards minors in its care and employment. The need to ensure that recruits enlisting as minors do not suffer disadvantage as a result is made more acute by the fact that the majority of those enlisting below the age of 18 come from socially and economically disadvantaged backgrounds. These young people seek an opportunity to improve their prospects and make something of their lives. The Armed Forces have the potential to make this happen, but, I would argue, only if adequate attention is given to the recruits’ long-term needs. Minors who leave mainstream education early in order to enlist must be guaranteed adequate training and qualifications. Education has long been recognised as the path out of poverty and social deprivation. Failure to ensure that young recruits complete a thorough education will condemn them to long-term disadvantage.

While the majority of minors joining the Armed Forces each year enjoy the experience and wish to stay, we have to recognise that a significant minority do not. Last year alone 27 per cent of recruits enlisting as minors dropped out of initial training. This is significantly higher than drop-out rates for older recruits, which it seems average at 15 per cent. In the financial year 2009-10, one in three minors left within a year of enlisting. The high drop-out rate is important in this context for two reasons. First, it demonstrates the importance of ensuring that young recruits gain adequate qualifications to pursue a career outside the armed services. Secondly, it places an obligation on the MoD to ensure that minors leaving its care make a successful all-round transition to civilian life. Evidence shows that early service leavers—service personnel who leave without completing their minimum period of service—are at greater risk of experiencing difficulties making the transition successfully to civilian life. This includes greater susceptibility to homelessness and criminality. Despite their greater vulnerability, early service leavers are entitled only to reduced resettlement support compared with longer-serving personnel. The high and rapid drop-out rate of minors means that they constitute a high percentage of early service leavers. Therefore, I argue that the MoD should pay particular attention to ensuring that they make a successful return to civilian life both in the short and longer term. Once again, specific data are needed to demonstrate that this duty of care is being fulfilled.

In the present economic climate the high drop-out and discharge rate of minors in the Armed Forces also places an obligation on the MoD to demonstrate that the expenditure on recruiting and training recruits at high risk of dropping out is a financially sound policy. Adequate data are required to demonstrate that these resources are well spent both on those recruits who leave the armed services as well as those who remain.

Finally, recognising that under UK law minors cannot have a contract enforced against them, it is important that recruits who enlist below the age of 18 should be required to re-enlist upon attaining legal majority. This is why my noble friends’ Amendment 22 is so important. Indeed, the British Armed Forces Federation stated in its evidence to the Armed Forces Bill Select Committee that the current system,

“does not adequately provide informed consent as an adult”,

and suggested that minors should reaffirm their enlistment at, or shortly after, their 18th birthday. Such a system would ensure that all Armed Forces personnel are serving on the basis of free, informed adult consent. It would also relieve parents of the moral burden of responsibility for their child’s service—a particularly poignant issue in the case of those who are killed or gravely injured. I beg to move.

[Lord Tunnicliffe]

My Lords, I rise to speak to Amendments 6, 8 and 22, the latter of which stands in my name and that of my noble friend Lord Rosser. The Committee will be relieved to hear that I intend to speak briefly as it seems to me that the burden is very much on the Government to explain their position on these matters and give appropriate assurance.

The noble Lord, Lord Judd, has raised some extremely serious issues on Amendments 6 and 8. I look forward to the Minister’s response to those issues. We will consider his response and judge whether to support those amendments on Report. However, I put down a marker to the Government that we will be looking to hear a very good response, otherwise we will probably support the amendments on Report.

I would like to make clear that the Opposition are not against people under 18 serving in the Armed Forces. We think it can be good for those young people and for the Armed Forces. However, as the noble Lord, Lord Judd, has just so eloquently set out, there must be the right safeguards. There are obvious safeguards to do with combat and other issues that we believe are in place—and of course we will be constantly seeking assurances that they are in place—but we think Amendments 6 and 8, as a basis for reporting, and our Amendment 22, tie the whole thing together.

We have been assured privately that there are mechanisms in place whereby all young people under the age of 18 are able to leave the Armed Forces at any point up to their 18th birthday if they wish to. That is an absolutely key safeguard but it is a safeguard with which we are uncomfortable. The noble Lord, Lord Judd, has hit the nail on the head: there is no process for informed consent. There is no clear process of audit. We believe that the proper way forward is an affirmative, signed statement by that young person that they wish to continue their service in the Armed Forces, and we will be pressing this point on Report unless we can be convinced by the Minister between now and then that such a clause is not required in the Bill.

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[Lord De Mauley]

My Lords, I will be very happy to do that.

[Lord Judd]

My Lords, I hope that it will not embarrass the Minister if I say that in his peroration there was no difference between us. As somebody who joined the cadet force at 14, I am very much in favour of those who are considering an armed services career being able to prepare for it while enjoying the opportunities that this presents. I have no difficulties with that. However, we want to be certain that before people get into a situation that will take them into conflict zones, they can make an informed choice. We need to make sure that we have belt and braces on that, so that they will not feel in any way pressurised or expected to stay on and are able to make a balanced judgment. I hope that the Minister will be reassured by me that there is no difference between us on this, except that I want to see a really convincing arrangement.

I will dwell for a moment on the remarks by my noble friends. I have great admiration for the consistent work that they have done for the armed services, and for the great knowledge that they bring to these matters. I make the point again that while of course very imaginative work is done at Harrogate—nobody would question that—the issue is about how far what is done at Harrogate helps young recruits to keep up with what is happening in society as a whole. I find a paradox here. My noble friend is second to nobody in arguing for improving secondary education, and for making sure that, where secondary education is failing youngsters who are not getting qualifications and do not feel that education is relevant, a lot of imagination on both sides of the House goes into how this can be tackled. Should we not take the opportunity in the armed services to be leaders in this respect rather than just saying that this has worked in the past? We should be determined that none of our youngsters will be at a disadvantage when they come out and make sure that the new opportunities becoming available to the wider community in vocational and other education are also available to them.

Finally, I drew attention in an intervention on an earlier amendment to the fact that things have moved on by light years from the time when I was a Minister in defence. Again, I have nothing but admiration for those who have made this possible. However, we have to measure it against what is happening in society as a whole, and make sure that while there is an improvement in the armed services, the improvement measures up to the changes in society. When we read of the problems of suicide and so on among young people, there is a tremendously significant issue to be faced. If one is to do research into the mental problems of some youngsters that result from being in the armed services—obviously not the majority, but a significant number—it is no good just looking at the immediate effects; one must look at the longer span and at what damage may have been done to people in later life by experiences earlier on.

Having said that, of course I will listen very carefully to what the Minister and his colleagues have to say. I hope that equally they will listen to the voice of concern. It is a voice of concern that some of us are expressing, not hostility, and I hope similarly that it will be understood that I have no option in the convention of how Committees in this Room take place but to beg leave to withdraw the amendment.

Amendment 6 withdrawn.