Armed Forces Covenant Annual Report

Lord Lancaster of Kimbolton Excerpts

Thursday 7th January 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

It is a pleasure to serve under your chairmanship, Mr Brady. Following the example set by my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat), I remind the House, as I occasionally do, of my interest as a serving member of the Army Reserve.

I start by congratulating my hon. Friends the Members for Berwick-upon-Tweed (Mrs Trevelyan), for Tonbridge and Malling and for Plymouth, Moor View (Johnny Mercer) on securing this debate to discuss the armed forces covenant annual report 2015. I thank hon. Members for the valuable contributions made, to which I shall return shortly. Some hon. Members raised constituency casework and I simply ask them to write to me on that, as I will then deal with those cases rather than attempt to deal with them in the debate.

I am sure I am on safe ground when I say that we all agree that we owe a debt of gratitude and a moral obligation to all members of the armed forces, wherever they are in the United Kingdom, both past and present. It is for that reason that in 2011 the Government enshrined its commitment to the armed forces covenant in law. With that came the commitment from my right hon. Friend the Member for Runnymede and Weybridge (Mr Hammond), the then Defence Secretary, to report annually to Parliament about progress on upholding the covenant principles. As we have heard, the armed forces covenant has two main principles.

[Mr James Gray]

Before we move off the annual report, is there not an argument that the Government should hold this debate annually to highlight good work done and analyse whether the armed forces covenant has been adhered to?

[Mark Lancaster]

There probably is an argument for that, but my hon. Friend will be as aware as I am that the previous Government made the proactive move to change the nature and structure of debates in this place by allowing much greater flexibly for Back Benchers to dictate what should be discussed. However, in so doing, that equally restricted the amount of time for the Government to deliver their business. It is therefore down to the will of Parliament to have such debates and today is a fine example of that genuine need and will. Therefore, on balance I am fairly content with the situation, because that Government gave Back Benchers greater flexibility, which is something that previous Governments did not. That is my view—I hope that is clear.

The principles are: the armed forces community should not face disadvantage compared with other citizens in the provision of public and commercial services; and special consideration is appropriate in some cases, especially for those who have given most, such as the injured and bereaved. The armed forces covenant annual report 2015 is the definitive document of what we have done to uphold those principles and is the fourth such report. It sets out what we have achieved, but it is also an opportunity to explain our priorities for the coming year. Let me be clear that it is certainly not an opportunity for us to rest on our laurels; it is an annual report of the continuing efforts to strive to improve on the military covenant. I view it simply as a starting point for further progress.

I will say a few words on contributions to the report and the implementation of the covenant. Delivering the covenant is a national responsibility involving the whole of Government, local authorities, industry, service charities and of course the public, who provide vital support and recognition for our armed forces. It is only right that I pay tribute to the representatives from all of those groups who have helped meet the commitments in the armed forces covenant in the last year. I genuinely thank them all. However, I would particularly like to recognise and thank those charities who work so tirelessly in support of our armed forces. Their efforts are indicative of the whole nation’s support for our armed forces community.

Our priority this year was to tackle the areas where the armed forces felt most disadvantaged: family healthcare; children’s education; spousal employment; housing and local services; and commercial support. The report sets out the measures we have taken to address concerns in those areas.

A common theme in contributions and perhaps that which hon. Members focused on the most was the relationship with the national health service and access to healthcare. Indeed, I will happily say that that is the area on which I have spent most of my time. I am delighted to say that I now meet the Under-Secretary of State for Health, my hon. Friend the Member for Ipswich (Ben Gummer), on at least a quarterly basis to discuss areas where we can work together on that. Of course, the national health service in England and in the devolved parts of the UK is responsible for delivering healthcare to veterans, but equally the MOD has a duty to engage constantly.

To some extent we are asking whether we have proper buy-in. I think that we do, certainly to the extent that we have managed to embed the covenant’s principles into the NHS’s constitution in England. That positive step will hopefully ensure that veterans and their families are not disadvantaged in accessing health services where they live. It remains the case that veterans should receive priority treatment, subject to the clinical needs of others, relating to a condition resulting from their service in the armed forces. I can only say again that if any hon. Member has evidence that that is not happening, I encourage them to get in contact, because I would like to hear from them.

A couple of other issues relating to health were raised. With regards to osseointegration, I am pleased that through close collaboration with Blesma we have now moved to establish a pathway for veterans who can now go back to Headley Court. That is a positive step and I look forward to seeing how that develops over the coming months and years.

My hon. Friend the Member for Berwick-upon-Tweed, who opened the debate, referred to updating electronic records. While I am pleased that since, I think, 2013 the armed forces have had an electronic record system, we are seeking to upgrade that system to allow an easier transfer of those records to the national health service. As part of that process, veterans will effectively be flagged so that they are easily identifiable. I cannot give her an exact timetable as to when that work will be complete—we all understand that Governments have faced challenges in the past on electronic systems—but I understand that work is progressing well, so I hope that we will not have to wait too long for that.

Equally, mental health was raised by several hon. Members. That is an area of particular interest to me: the first charity I visited when I became the Veterans Minister was Combat Stress. While there is some debate, there does not seem to be any particular evidence that veterans or members of the armed forces suffer a higher rate of mental health problems than the general population. However, we recognise that that is an issue and, where mental health problems do occur, I am determined that the highest standard of support should be made available. Indeed, it is.

To that end, I am delighted that we have implemented every recommendation of the “Fighting Fit” report, written by my hon. Friend the Member for South West Wiltshire (Dr Murrison). In addition, more than £13 million from LIBOR funds has been awarded to programmes supporting mental health in the armed forces community. That is an area I intend to continue to focus on and on which I would like progress to continue to be made, because I recognise its importance for colleagues across the House.

On children’s education, we have amended the school admissions code to prioritise service children and service families, so that they can now apply for and be allocated school places before they move to the area. That positive step is helping to reduce the effect of short-notice deployments on children’s education.

The hon. Member for York Central (Rachael Maskell) raised the issue of spousal employment. She will be delighted to hear that we have launched a two-year trial to give service spouses additional employment training and support. Indeed, I visited one such trial in Cyprus recently and was very impressed. There are now also dedicated armed forces champions in every jobcentre region.

On commercial disadvantage, with the greatest respect to my hon. Friend the Member for Plymouth, Moor View, he was slightly dismissive of our recent progress in getting the four main mobile phone providers to agree that service personnel and their families can pause their contracts when posted overseas. I was very much involved in the process to get that agreement, and it did not seem like a minor step. I am delighted that we are now in this position and can only thank the providers for their support. These small steps, when taken slowly and added together, provide the progress we all need. I know it does not simply stop here; we need to continue to improve the support we offer, and I am determined to do so.

The annual report includes unedited comments from key representatives of the armed forces charities sector and the three service families federations, which I meet on a regular basis; I enjoy that, and it is a valuable experience. That ensures the report is accurate and gives a clear indication of where those groups think further action is required. Ministerial colleagues are due to meet with representatives from those groups next week, to discuss their feedback. This is a cross-government effort.

I have listened intently to the points raised today and hope to demonstrate to colleagues that their points will be taken into consideration as we move forward. To that end, I would like to update Members on our priorities for next year. Improving delivery of the community covenant will be key. While I do not favour legislative targets, we have committed to review delivery in order to identify best practice and robustly promote that across local authorities.

Recognising the importance of independence in the review, we are collaborating closely with colleagues in the Department for Communities and Local Government, the Local Government Association and the charitable sector to meet our shared objectives. I addressed local authorities at the community covenant conference in November, and I will continue to work with the chair of the LGA, Lord Porter, to ensure that local authorities understand their covenant commitments and are committed to improving the support they offer their local armed forces community. Equally, as Members of Parliament, we have a responsibility to ensure that local authorities in our constituencies are doing their bit.

To respond to the hon. Member for Bridgend (Mrs Moon), who is no longer in her place, I understand that many local authorities publish their reports online and help to share their best practice. I certainly encourage all local authorities to do that. I intend to speak at next year’s LGA conference in order to do just that and to raise many of the points that Members have raised today.

I will move on to Northern Ireland—the hon. Member for South Antrim (Danny Kinahan) looked up when I said that. I was impressed by and enjoyed listening to his very moving speech. Delivery of the covenant extends, of course, to the whole of the United Kingdom. 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 there is universal support for the armed forces wherever they work and live, and that must extend to the whole of the United Kingdom.

I have listened to the concerns regarding delivery of the covenant in Northern Ireland. I was delighted that two local authorities in Northern Ireland signed a community covenant last year. That is clearly a big step forward, but we need to ensure that support extends across the region. 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 in Northern Ireland and look at the areas where we could do more. That will be a priority. However, I do not believe Northern Ireland should be treated any differently to Scotland, Wales and England; our focus must be on improving delivery for all. To that end, I intend to visit Northern Ireland shortly to see what more I can do.

I have regular meetings and discussions with the hon. Member for South Antrim, who is a dear friend, colleague and veteran—I was going to say he is a fellow veteran, but I am still serving—of service in the Province. I am equally pleased to see on the Order Paper the Armed Forces Covenant (Implementation) (United Kingdom) Bill—the private Member’s Bill promoted by the hon. Member for East Antrim (Sammy Wilson) and supported by my hon. Friend the Member for Tonbridge and Malling—which highlights that we need to make progress on the application of the covenant in Northern Ireland.

I am pleased that there are now 785 corporate covenant signatories. Next week, the Defence Secretary will present awards to 16 employee recognition scheme gold award winners, recognising the very best support for our armed forces. We will continue to tackle the key areas of commercial disadvantage and look at how the finance and insurance sector can do more to support the armed forces community and tackle the effects of overseas postings. I expect to announce new commitments later this month.

We must also continue to build on our work to support employment opportunities for reserves, veterans and spouses. The MOD has set up a relationship management team to engage with employers, which has not only encouraged an increase in the rate of new signings but, crucially, enabled us to work with existing signatories to deepen and enhance their pledges.

I hear the call from the hon. Member for York Central to look at effectively forcing, through contracts, companies that deal with the MOD to sign up to the corporate covenant or, indeed, to employ reservists. I am happy to be corrected, but I fear she may be unintentionally making an argument for leaving the EU, because I believe what she calls for is not possible under European procurement rules. I am happy to check that.

[Rachael Maskell]

A document called “Buy and Make a Difference” looks at how social clauses could be put into procurement contracts. It would therefore be quite feasible to put the corporate covenant into a list of social clauses to be included in that contract.

[Mark Lancaster]

Without prolonging the debate on the issue, I am happy to commit to the hon. Lady to have a look at that, which I hope is reasonable.

It would be remiss, given this opportunity, not to reiterate this Government’s commitment, as set out in our manifesto, to improve the support we offer to military families. I am pleased to say that we will shortly publish the first families strategy, setting out a comprehensive programme of activity to ensure that military families receive the support and help they need. The strategy has been drafted in consultation with the three service families federations to ensure it truly reflects the needs of 21st-century military families. This year, we will deliver £20 million of investment in childcare infrastructure for military families, but we must also ensure that the new spousal employment programme is meeting its stated aims and objectives, and I have mentioned the two trials that are in place.

Members will be aware that the Government have committed to a £10 million annual fund in perpetuity to support delivery of the covenant. Several Members mentioned accommodation. I recognise concerns about accommodation for our armed forces community. We have allocated £85.5 million to help more than 5,600 personnel to buy or improve their home through the Forces Help to Buy scheme, and I am pleased that the Defence Secretary wants to double that number to 10,000 by this October. The Government have committed that from 2016, no service family in the UK will be allocated service accommodation that does not meet the decent homes standard. I have heard the calls from several hon. Members to work more closely with and improve the MOD’s relationship with local authorities when it comes to supporting families to get into local authority housing. I should point out, however, that we already have the MOD referrals scheme, which assists service leaders.

Looking forward, although I am not in a position today to give details about the future accommodation model that will be proposed for our armed forces, I hope to be able to do so in future. The model is an attempt to tackle issues related to encouraging and helping families to get into a home of their own.

Equally, I mention the Army basing scheme and the broader footprint strategy, part of which is to try and create greater stability for our armed forces, so that we do not see quite so much movement. Only yesterday, I visited 26 Engineer Regiment down in Wiltshire, where as an example, around Salisbury plain, the three armoured engineer regiments will now be pretty closely collocated. Those armoured engineers are likely to be posted between the three regiments but very much in the same part of the country, giving greater stability for families and spouses.

To touch on veterans—I realise I am going on—support for our veterans is an issue close to the heart of many, as shown by the recent publication by King’s College London on creating a sustainable model for veterans’ care in the United Kingdom post-2015. I am familiar with the proposals in that paper and congratulate all those involved in producing it. It is an interesting document that adds great things to the debate. I have asked my officials to attend an event on 12 January to discuss it and the evidence basis for it, and I look forward to engaging fully after that with the authors, to see how we can move forward and work together.

The Government have confirmed that funding for the nine enhanced prosthetic centres for veterans will continue. We have also allocated £10 million to the Royal British Legion to launch a veterans’ hearing fund and £3 million to help veterans access high-specification wheelchairs.

Several hon. Members, including my hon. Friend the Member for Tonbridge and Malling in a very powerful speech, raised other issues that are perhaps summed up as “lawfare”. The Conservative party committed at the last general election to deal with this issue. A lot of work has been going on in the MOD over recent months to try and move that forward. I am not in a position right now to give further details, but that is being led by the Minister for the Armed Forces and I am sure that in due course, she will come to the House to address that.

On interpreters, I share my hon. Friend’s concern, having worked with them in Afghanistan. I have looked into the matter. I think the MOD has a very positive programme at the moment. There are different elements, partly about helping to improve security for families, about potentially relocating families within country, and ultimately, if necessary, about relocation to the UK. The programme that the MOD is pursuing at the moment is a good one.

Prisons were mentioned and I recognise that there are veterans in prison. I do not think the number is disproportionate, but they face unique challenges. To that end, I intend to visit HMP Grendon in Aylesbury next month and I will look at some of the work being done there to support our veterans.

I believe the covenant is working, but we need to make it clearer and easier for members of the armed forces community to access the available support. We know that delivery of the covenant is not uniform and we need a mechanism to identify and address localised problems. That will be our priority in 2016.

Although we have collectively achieved a great deal, much more remains to be done to ensure the covenant fulfils the nation’s promise to support the brave men and women who serve our country with honour and distinction. It is a long-term aim and the Government are committed to its long-term delivery.

I have endeavoured to answer all the points raised by hon. Members and if I have not done so, I will write to them in due course.

Question put and agreed to.

Resolved,

That this House has considered the Armed Forces Covenant Annual Report 2015.

Armed Forces Pay Review Body Recruitment

Lord Lancaster of Kimbolton Excerpts

Tuesday 5th January 2016 Written Statements

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

I am pleased to announce that I have appointed Lesley Mercer as a Member of the Armed Forces’ Pay Review Body. Ms Mercer will begin her three year appointment on 1 March 2016. This appointment has been conducted in accordance with the guidance of the Office of the Commissioner for Public Appointments.

[HCWS444]

Armed Forces Bill

Lord Lancaster of Kimbolton Excerpts

Wednesday 16th December 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

It is a pleasure to serve under your chairmanship, Mr Bone.

The primary purpose of the Bill is to provide for the continuation in force of the Armed Forces Act 2006, which would otherwise expire at the end of 2016. Clause 1 provides for continuation of that Act for a year from the date on which the Bill receives Royal Assent. Thereafter it allows further renewal by Order in Council for up to a year at a time, but not beyond the end of 2021.

The 2006 Act provides nearly all the provisions for an armed forces system of command, discipline and justice. Crucially, it confers powers and sets out procedures to enforce the duty of members of the armed forces to obey lawful commands. The central effect of the expiry of the 2006 Act would be to end the powers and provisions to maintain the armed forces as disciplined bodies.

[Mr Kevan Jones (North Durham) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bone.

I think this is my third Armed Forces Bill, and it is a minnow compared, for example, with the 2006 Act. However, it covers important issues that affect not only the operation of Her Majesty’s armed forces, but the discipline needed to ensure their effectiveness. As the Minister has outlined, it is an important constitutional Bill because it reaffirms the need for a standing Army to protect the freedoms that we have all come to rely on in this country. I look forward to the progress of the Bill and of the amendments in my name.

[Kirsten Oswald (East Renfrewshire) (SNP)]

The SNP fully supports the Bill. We appreciate the requirement that Parliament’s consent is given to maintain an Army, as well as the significant contribution made by members of our armed forces. As such, one of the Bill’s most important functions is to provide the legal basis for the armed forces to continue to exist as a disciplined force, and we must continue to develop and support our armed forces as they undertake their difficult jobs. We support progressive change such as that found in the amendment that calls for a review into compensation for veterans who are suffering from mesothelioma, and that on the publication of statistics on sexual assault and rape. We want robust legislation that is fit for our dedicated armed forces.

Question put and agreed to.

Clause 1 ordered to stand part of the Bill.

Clause 2

Commanding officer’s power to require preliminary alcohol and drugs tests

Question proposed, That the clause stand part of the Bill.

[Mark Lancaster]

Currently, a commanding officer may require a member of the armed forces, or a civilian subject to service discipline, to co-operate with a preliminary test for drugs or alcohol on suspicion of a relevant offence. Clause 2 extends the circumstances in which a commanding officer may require co-operation with such a test. It provides for post-accident preliminary testing without the need for suspicion that the person to be tested may have committed an offence. The new powers to require co-operation with such tests apply only after accidents involving aircraft or ships, or after other serious accidents.

The powers will apply in the event of any maritime or aviation accident and other serious accidents that result in, or have created the risk of death, serious injury to any person, serious damage to any property, or serious environmental harm involving prescribed or other safety critical functions. The results of preliminary tests can be used in support of any type of investigation arising from the accident. The new powers are similar to those provided to the civilian police by the Railways and Transport Safety Act 2003 in relation to aviation and maritime accidents, and the Road Traffic Act 1998 in relation to road traffic accidents, but apply to a wider range of accidents.

[Mr Kevan Jones]

We support clause 2. As the Minister has outlined, it brings into line the legislation that covers our armed forces and gives commanding officers the tools to investigate accidents in which drugs or alcohol may have played a part.

[The Temporary Chair (Mr Peter Bone)]

With this it will be convenient to consider clauses 4 and 5.

[Mark Lancaster]

Clauses 3 to 5 relate to investigations and charging. They make a number of changes to provisions in part 5 of the 2006 Act, which deal with the process of deciding whether a person is to be charged with a service offence under that Act. The changes simplify the process. For example, currently some cases that cannot be dealt with by the commanding officer must none the less be referred by the investigating service police to the commanding officer and then from the CO to the Director of Service Prosecutions for a decision on the charge and prosecution.

Clause 3 provides that where the service police consider there is sufficient evidence to charge an offence that the commanding officer cannot try summarily, the case must be sent to the Service Prosecuting Authority for a decision on charging. The Director of Service Prosecutions is responsible for decisions on the charge and prosecution in all cases that cannot be dealt with by the commanding officer. However, currently some of those cases have to be referred by the investigating service police to the commanding officer, and then, as I have said, from the commanding officer to the Director of Service Prosecutions. This adds unnecessary delay and bureaucracy to the process, which the clause seeks to remove.

The other main change made by clause 3 intends to deal with the problem that the 2006 Act currently requires some cases to be sent to a commanding officer to deal with, although they are closely connected with a case that must be sent to the director—for example, where separate offences occurred during the same incident. This can result in separate decisions on whether to prosecute, and separate trials. Clause 3 amends the 2006 Act so that the service police will also be able to refer a case to the Director of Service Prosecutions if, after consultation with the director, they consider it appropriate to do so because of a connection with another case that has been referred to the director.

Clause 4 makes a minor technical clarification to the procedure for the referral of linked cases from the commanding officer to the Director of Service Prosecutions. Currently, if the commanding officer is required to transfer a linked case to the director, the transfer is deemed to take place. Under clause 4, the commanding officer will actually have to make the transfer.

Clause 5 provides for the Director of Service Prosecutions to bring charges himself. Currently, where the director decides that a charge should be brought in a case, he cannot bring the charge directly but must direct the suspect’s commanding officer to bring the charge, and the commanding officer must then bring the charge.

The changes have the support of the Director of Service Prosecutions and the Judge Advocate General. No change is proposed to the circumstances in which the commanding officer is under duty to ensure that the service police are aware of an allegation.

[The Temporary Chair]

We are debating clauses 3, 4 and 5 together if any Member wants to speak on them.

--- Later in debate ---

[Mark Lancaster]

Thank you, Mr Bone, for allowing me to go back, very briefly, to clause 2.

The new powers in clause 2 reflect the range of duties undertaken in the military environment—for example, diving, driving and commanding a mechanically propelled vehicle—not covered by road transport legislation. The use of firearms would not be covered either, and neither would other duties considered to be safety critical, such as running adventurous training. So there are some extra duties not covered by other legislation, which is why these provisions go slightly further.

On clause 3 and the question of whether we are effectively reducing the powers of the CO, the change to the procedure followed by the service police after an investigation relates only to cases where the CO does not have jurisdiction over the recommended charge. Such a case could still be referred back to the CO by the Director of Service Prosecutions if an alternative charge within his powers was considered appropriate. The uncertain power of the CO to wait and see and do nothing will be removed, but it is, in any event, vulnerable to attack, particularly given that it applies to serious cases in relation to which the service police have determined there is sufficient evidence to charge an individual with an offence that can be tried only by court martial. The change to the process of charging means that the DSP will have the power to bring a charge, whereas currently only the CO has the power, although he might be directed by the DSP to do it. I realise it sounds complicated, but actually it simplifies the process to avoid having to refer cases to the CO over which he has no power anyway. In more than 90% of cases, the CO will still be involved.

I am sure that the hon. Member for Strangford (Jim Shannon) will remain in his place for the duration of the Committee, so I will deal with the other points he raised when we get to those clauses.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clauses 4 and 5 ordered to stand part of the Bill.

Clause 6

Period for which sentence of service detention may be suspended

Question proposed, That the clause stand part of the Bill.

[Mark Lancaster]

The clause increases from 12 to 24 months the maximum period for which the sentence of service detention may be suspended by a court martial. The civilian courts and courts martial can already suspend sentences of imprisonment for up to 24 months, but service detention is a unique military system offering greater rehabilitation arrangements. This measure would provide a court martial with greater flexibility in appropriate circumstances. Guidance on sentencing in a court martial sets out the relevant factors for the award of suspended sentences: whether the offender can retrieve his or her good name without undergoing a committed sentence—for example, if there has been a significant delay between the offence and trial, during which period the offender has performed his or her duties well and effectively rehabilitated him or herself; whether the offender has shown genuine remorse and voluntarily made reparation for any damage caused; whether the offender is young and inexperienced and it is clear that the offence is an isolated occurrence; whether the offence does not involve serious violence or violence towards a superior officer; and whether the offender is required for more important operational duties.

[Mr Kevan Jones]

Again, I think these are sensible proposals that give courts martial the flexibility to award suspended sentences where appropriate. It is a tidying-up exercise in terms of the 2006 Act.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clause 7

Immunity from prosecution

Question proposed, That the clause stand part of the Bill.

The Temporary Chair (Mr Peter Bone): With this it will be convenient to discuss clauses 8 to 12 stand part.

[Mark Lancaster]

For the convenience of the Committee, I shall discuss together clauses 7 to 12, which deal with offenders assisting investigations. In overview, clauses 7 and 8 allow the Director of Service Prosecutions, in return for assistance provided by a person to an investigation or prosecution, to enter into an agreement with the person giving them immunity from prosecution or an undertaking that information will not be used against them in proceedings. Clauses 9 to 12 make provision with respect to reduced sentences for those who provide such assistance.

The provisions closely follow those in the Serious Organised Crime and Police Act 2005, which apply to civilian prosecutors and courts. Under these provisions, an immunity notice or restricted use undertaking must be in writing and will normally include conditions, breach of which would lead to the immunity or undertaking being revoked.

The Director of Service Prosecutions will, as a matter of good practice, consult the Attorney General in relation to any offer of immunity. The DSP will engage with the Director of Public Prosecutions and devolved Administrations in the event of concurrent jurisdiction. Immunity notices and restricted use undertakings can be provided only if the DSP considers it appropriate in relation to the investigation or prosecution of a criminal conduct service offence, where the equivalent civilian offence is capable of being tried in the Crown Court, or a disciplinary offence, for which the maximum sentence is more than two years imprisonment.

[Jim Shannon]

I have one quick question for the Minister. He mentioned contacting the devolved Administrations, and I am wondering what credence is given to those Administrations in respect of decisions made by Ministers in the Ministry of Defence. In other words, if there is a disagreement between the devolved Administrations and the Ministry, which takes precedence?

[Mr Kevan Jones]

With the assurance that the Attorney General will be consulted only in very rare cases—I am not sure that the provisions will need to be used on many occasions—we support the clauses, which bring service law into line with best practice in civilian law.

[Mark Lancaster]

I agree with the hon. Gentleman; it is anticipated that the provisions will be used only on very rare occasions and in the most serious cases. In response to the question asked by the hon. Member for Strangford (Jim Shannon), the process has not yet been tried, but it is hoped that there will not be any conflict between the various jurisdictions. If I may, I shall write to the hon. Gentleman with further detail in due course.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Clauses 8 to 12 ordered to stand part of the Bill.

Clause 13

AFA 2006: Isle of Man and British overseas territories

Question proposed, That the clause stand part of the Bill.

The Temporary Chair (Mr Peter Bone): With this it will be convenient to consider the schedule to the Bill.

[Mark Lancaster]

The clause and schedule provide for the Armed Forces Act 2006, as it currently has effect in the United Kingdom, to come into force in the Isle of Man and the British overseas territories, except Gibraltar, although we are consulting the Government of Gibraltar about extending the provisions of the 2006 Act to that territory. I should make clear at this point that, as a matter of UK law, the 2006 Act will continue to apply to service personnel wherever in the world they are serving.We have consulted the Isle of Man and the British overseas territories, and they are content with our approach. We are discussing with Gibraltar whether it would be best to provide for the 2006 Act and the Bill to extend to it as well, and if Gibraltar considers that to be the case, we will introduce an amendment to that effect.

[Jim Shannon]

I welcome the Minister’s commitment to ensuring that the 2006 Act will come into force in the Isle of Man and the British overseas territories, with the exception of Gibraltar, and that there will be the option of extending it to the Channel Islands. We too often forget those from the overseas territories and those who serve there. I am pleased to note that this is a truly British Bill which recognises our devoted armed services throughout the globe. This move is, I believe, long overdue.

I should like to ask the Minister two questions. First, will he give us some idea what is meant by “the option of extending it to the Channel Islands”? Secondly, is he able to give a commitment—I am not sure whether he is—that, as I hope sincerely to be the case, the exemption of Gibraltar is not due to any Spanish intrusion or interference? The sovereignty of Gibraltar is down to its people, and we should firmly uphold their right to remain British, no matter what actions or words may come from Madrid.

[Mr Kevan Jones]

We support clause 13 and the accompanying schedule. It makes sense to extend the Act to the overseas territories.

May I ask the Minister what the timescale is for the negotiations with Gibraltar? I realise that the elections there may have interfered with the process. May I also ask what mechanism would operate if Gibraltar accepted that the legislation should extend to it? Would we have to wait for the next Armed Forces Bill to introduce any changes that were necessary?

[Mark Lancaster]

Let me deal first with the question of Gibraltar. I can tell the hon. Member for Strangford (Jim Shannon) that this has absolutely nothing to do with the Spanish. In 2005 Gibraltar received a new constitution, which gives it wider legislative responsibilities. As I have said, we are discussing with its Government whether it would be best to provide for that through the 2006 Act or through its own legislation.

As the hon. Member for North Durham (Mr Jones) said, there has been a delay. That is simply because, as the House knows, Gibraltar was holding elections, which have now ended. I am keen to conclude the matter with Gibraltar as quickly as possible, and, if it wished to be included in the provisions of the Bill, the intention would be to introduce amendments in the other place at that point.

On the wider impact, the fact that the 2006 Act has not been in force in the British overseas territories—including the Isle of Man—since 2011 has not, to our knowledge, created any difficulties. The rationale for extending the Act to those jurisdictions includes ensuring that actions that might be taken by members of our armed forces would be lawful there, not only as a matter of United Kingdom law but as a matter of their own law. For example, service police would have powers of arrest, entry and search in those jurisdictions as well. Equally, the civilian authorities in those jurisdictions can do things that they might not otherwise have powers to do under the law there. Including them in the Act gives them extra powers as well.

All in all, we feel, having consulted, that this is a positive step.

Question put and agreed to.

Clause 13 accordingly ordered to stand part of the Bill.

Clause 14

Powers of Ministry of Defence fire-fighters in an emergency

Question proposed, That the clause stand part of the Bill.

[The Temporary Chair (Mr Peter Bone)]

With this it will be convenient to discuss clause 15 stand part.

[Mark Lancaster]

These clauses give MOD firefighters the same powers to act in emergencies as employees of civilian fire and rescue authorities. Those powers include powers to enter premises by force if necessary, to close roads and to regulate traffic. Clause 14 also makes it an offence to obstruct an MOD firefighter who is acting in an emergency.

Clause 15 gives MOD firefighters the same exemptions from provisions in certain Acts—for example, rules on drivers’ hours—as employees of fire and rescue authorities.

[Bob Stewart (Beckenham) (Con)]

May I ask the Minister for clarification? If an MOD firefighter is on a base and sees a farm, say, afire, can they go straight to that and deal with it, or do they have to wait for civilian firefighters to come, if it is off the base?

[Mark Lancaster]

I will come to that, but protocols are in place between MOD firefighters and local fire authorities and there have been occasions when MOD firefighters have supported local authority fire and rescue services. However, it is important that that is done in a combined and controlled way.

The Defence Fire Risk Management Organisation provides fire and rescue operational services and support across defence at airfields, specified domestic establishments and deployed locations in the UK and overseas. DFRMO falls outside the ambit of the primary legislation that governs local fire and rescue authorities in the UK. Contractors providing fire and rescue services for defence are also present at the Atomic Weapons Establishment, QinetiQ, Babcock and Serco. They operate at sites such as Aldermaston, Burghfield and Boscombe Down. DFRMO currently has 320 fire and rescue service contractors, out of a total strength of more than 2,000 personnel. Contractor firefighters, now and in future, should also be able to deal with an emergency in the same way as MOD firefighters. We are not aware of local fire and rescue authorities using or planning to use contractor firefighters. However, there are other private and specialised fire and rescue services at other sites such as ports and airports, power stations, industrial sites and some state properties.

The clauses constitute a simple, sensible change that gives MOD firefighters the same legal protections as their civilian counterparts.

[Jim Shannon]

The Minister referred to the legal protections that are provided. Is insurance protection provided as well? I am conscious that with firefighters’ extra responsibilities come the possibility of someone being hurt as a result. I would like to check that point.

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[Mark Lancaster]

Simply to answer the question from the hon. Member for Strangford (Jim Shannon), we will of course ensure that all our firefighters have appropriate protection.

Question put and agreed to.

Clause 14 accordingly ordered to stand part of the Bill.

Clause 15 ordered to stand part of the Bill.

Clause 16

Meaning of “AFA 2006”

Question proposed, That the clause stand part of the Bill.

[The Temporary Chair]

With this it will be convenient to discuss the following:

Clause 17 stand part.

Clause 18 stand part.

Government amendment 1.

Clause 19 stand part.

Clause 20 stand part.

Government new clause 1—War pensions committees and armed and reserve forces compensation schemes.

Government amendment 2.

[Mark Lancaster]

I am delighted to be able to speak to these amendments today. New clause 1 acknowledges the importance that the Government place on the work of the veterans advisory and pensions committees in supporting our armed forces community. The new clause would amend section 25 of the Social Security Act 1989 to allow the Secretary of State to make regulations enabling the VAPCs to provide advice and deal with complaints in relation to the armed forces compensation scheme 2005 and future compensation schemes enacted under the Armed Forces (Pensions and Compensation) Act 2004.

The VAPCs already have certain functions and procedures, as described in section 25 of the 1989 Act and the war pensions committees regulations. This amendment would expand that remit, providing a legislative basis to underpin their broader role and functions. I should, however, say a bit more about the committees.

The committees were first established as the war pensions committees in 1921. Generally, we now refer to them as the veterans advisory and pensions committees. There are 13 such committees whose members I, as Minister responsible for defence personnel and veterans, appoint. There are about 223 members, all unpaid volunteers working within their regional committees to help ex-service personnel and their families, in particular those who are vulnerable. In exercising their statutory functions, the committees carry out a range of activities principally in relation to the war pensions scheme which until 2005 was the main scheme for payment of compensation to members of the armed forces and their spouses and dependants for injuries or death caused by service. These functions include providing local consultation with the MOD on issues concerning war pensioners and war widows or widowers; raising awareness of the war pensions scheme and the veterans welfare service; supporting and monitoring the work of the veterans welfare scheme to ensure the best possible service to war pensioners and war widows and widowers; and helping individuals in representing their difficulties or in making a complaint in relation to the war pensions or war widowers application or review process.

However, there are new armed forces compensation schemes that were not in existence when section 25 was enacted. These include the armed forces compensation scheme and further compensation schemes that have been enacted under the 2004 Act. The new clause, with its proposed amendment to section 25 of the 1989 Act, will enable the committees to be given comparable functions relating to those new schemes too. We want the good work of these committees to continue, helping to enhance the local services delivered by ex-service personnel and their families, giving local support in promoting the armed forces covenant and the development of local community covenants, providing independent opinion on policy changes that may affect veterans, and championing individual cases. New clause 1 proposed by the Government today is for the benefit of our veterans and their families, who deserve the best.

While discussing this new clause, I should also mention amendments 1 and 2, because they make small changes that are consequential to the new clause. Amendment 1 provides that the new clause does not extend to the Isle of Man or the British overseas territories. Section 25 of the 1989 Act, which would be amended by the new clause, extends only to England and Wales, Scotland and Northern Ireland, and this will remain the case. Amendment 2 simply changes the long title of this Bill to include reference to the new provisions for the war pensions committees. These amendments would give the VAPCs, as the war pensions committees are known now, a statutory basis to continue their good work. With the consent of Parliament, our intention would be to make regulations to set out their new statutory functions at the earliest opportunity.

[Kirsten Oswald]

We welcome all progress in supporting our military veterans, and we are supportive of this measure and how it moves things forward. It is important that we do all we can to uphold our obligations under the military covenant and to consider how we can continually facilitate the development of services for our ex-service personnel and their families.

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[Mr Kevan Jones]

I echo the comments of the hon. Member for Henley (John Howell) about the work of the Chair of the Committee.

The new clauses contain sensible proposals. When I was a Minister, I had the pleasure of meeting many of the individuals involved in the war pensions committees, and the Minister is quite right to pay tribute to the work that they do. They do not get paid for it, but they are committed to ensuring that the veterans get advice and, on occasions, to highlighting issues that might not have been relevant when legislation was being passed but that came to light afterwards, and ensuring that practical action is taken. They provide an important mechanism for supporting veterans. Perhaps I should not say this, but I am sure that the Minister is already aware that many of them have already given advice on other compensation schemes, so it is sensible to make what they are doing legal, in effect. We will be supporting the new clause.

[Mark Lancaster]

The hon. Member for North Durham (Mr Jones) is right, as he so often is. I am well aware that those people are already offering advice, but it would not be for me to condone from the Dispatch Box any activity that was technically illegal in any shape or form. However, they do fantastic work.

I also echo the comments of other hon. Members who have thanked my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopreski) for his chairmanship of the Committee. We have not quite reached the end of these discussions, however, and I would not want to take it for granted that consensus is breaking out just yet. We still have a few more new clauses and amendments to go, but I hope that we will continue in the vein in which we have started.

In response to the hon. Member for Strangford (Jim Shannon), of course we want to see the military covenant progressed in Northern Ireland in the best possible way. Major progress has been made in recent months, not least when the first two local authorities signed the community covenant. I am looking forward to going to Northern Ireland shortly to do what I can to promote the covenant in the Province. I hope that the hon. Gentleman will agree that these provisions are a major step in the right direction.

Question put and agreed to.

Clause 16 accordingly ordered to stand part of the Bill.

Clauses 17 and 18 ordered to stand part of the Bill.

Clause 19

Extent in the Channel Islands, Isle of Man and British overseas territories

Amendment made: 1, page 17, line 1, after “5(3),” insert—

“(War pensions committees and armed and reserve forces compensation schemes),”—(Mark Lancaster.)

This amendment provides that NC1 does not extend to the Isle of Man or the British overseas territories. Like section 25 of the Social Security Act 1989, NC1 is to extend to England and Wales, Scotland and Northern Ireland (see clause 18).

Clause 19, as amended, ordered to stand part of the Bill.

Clause 20 ordered to stand part of the Bill.

New Clause 1

War pensions committees and armed and reserve forces compensation schemes

‘(1) Section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees) is amended as follows.

(2) After subsection (1) insert—

“(1A) The regulations may give the committees functions relating to one or more of the following—

(a) war pensions;

(b) war pensioners;

(c) AFCS benefits;

(d) AFCS benefit recipients.”

(3) In subsection (2)—

(a) omit the words from the beginning to the second “and”,

(b) for “it shall be their function” substitute “it is a function of a committee”,

(c) n paragraph (a), for “connected with war pensions or affecting war pensioners in their area and, where they think” substitute “connected with war pensions or AFCS benefits or affecting people in its area who are war pensioners or AFCS benefit recipients and, where it thinks”,

(d) in paragraph (b), for “to them by persons receiving or claiming war pensions and, if they think” substitute “to it by people receiving or claiming war pensions or AFCS benefits and, if it thinks”,

(e) in paragraph (c)—

(i) for “them” substitute “it”, and

(ii) for “they” substitute “it”, and

(f) in paragraph (d), for “war pensioners in their area” substitute “people in its area who are war pensioners or AFCS benefit recipients”.

(4) After subsection (3) insert—

“(3A) The regulations may provide for the committees to have names specified in the regulations (as well as being known as war pensions committees).”

(5) In subsection (4), before the definition of “war pension” insert—

““AFCS benefit” means a benefit payable under an armed and reserve forces compensation scheme established by order under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;

“AFCS benefit recipient” means a person in receipt of an AFCS benefit, in the person’s capacity as such;”.” —(Mark Lancaster.)

War pensions committees established under section 25 of the Social Security Act 1989 may be given functions by the Secretary of State by regulations. This new clause provides that the functions include functions relating to armed and reserve forces compensation schemes established under the Armed Forces (Pensions and Compensation) Act 2004.

Brought up, read the First and Second time, and added to the Bill.

New Clause 2

Voluntary discharge of under-18s

‘(1) The Armed Forces Act 2006 (c. 52) is amended as follows.

(2) In section 329 (Terms and conditions of enlistment and service), after subsection (3) there is inserted—

“(3A) The regulations shall make provision that any person under the age of 18 shall be entitled to end their service with a regular force by giving not less than 14 days’ notice in writing to their commanding officer, and shall ensure that any person enlisting under the age of 18 is informed of this right when they enlist.”” —(Liz Saville Roberts.)

This amendment ensures that those under 18 years of age are to discharge themselves from the Armed Forces should they so wish.

Brought up, and read the First time.

[Liz Saville Roberts (Gwynfor Meirionnydd) (PC)]

I beg to move, that the clause be read a Second time.

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I have deep concerns about the armed forces and, as I have said, about the infantry’s recruitment practices of targeting schools while masquerading as educational visits, as well as frequenting poorer areas where other economic opportunities are fewer compared with those in wealthier areas. That is particularly true in areas of Wales and in my own constituency. However, those are matters for another time.

[Mark Lancaster]

Has the hon. Lady visited the Army Foundation College at Harrogate? If not, may I invite her to do so?

[Liz Saville Roberts]

I have not visited the college, but I would be delighted to do so. My background is in further education, and I have taught public services courses where boys and girls—young men and young women—were actively targeted, so I have some experience in this matter.

As I have just said, the matters that I have just raised are perhaps for another time. Today, we are concerned with the specific need to change the law, so that recruitment in the armed forces is in line with international and developed world standards and norms. I urge the Government to consider the proposed new clauses. If they are not minded to accept them, perhaps they can bring forward their own proposals.

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Anyone who meets recruits at our basic training facilities cannot fail to be impressed by the transformation of those individuals. We sometimes concentrate on the negative aspects of being a member of our armed forces. I have always been proud to say that in most cases being a member of the armed forces is life changing for those individuals, and has a positive impact on their career choices, their lives in the armed forces and subsequently, when they leave and become Ministers, like the hon. Member for Milton Keynes North (Mark Lancaster).

[Mark Lancaster]

I am delighted to be joined by my right hon. Friend the Minister for Policing, Crime and Criminal Justice who, I hear, joined the Army at the age of 16 years and two days—[Interruption.] A long time ago, yes.

I recognise that there are a variety of views across the Committee and I am grateful to be able to debate the amendment tabled by the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts). The MOD sees junior entry as offering a range of benefits to the individual, the armed forces and society, providing a valuable vocational training opportunity for those wishing to follow a career in the armed forces. We take our duty of care for entrants under 18 extremely seriously. Close attention has been given to this subject in recent years, especially after the tragic deaths at Deepcut. We have robust, effective and independently verified safeguards in place to ensure that under-18s are cared for properly.

The provision of education and training for 16-year-old school leavers provides a route into the armed forces that complies with Government education policy and provides a significant foundation for emotional, physical and educational development throughout an individual’s career. There is no compulsory recruitment into the armed forces. Our recruiting policy is absolutely clear. No one under the age of 18 can join the armed forces without formal parental consent, which is checked twice during the application process. In addition, parents and guardians are positively encouraged to be engaged with the recruiting staff during the process.

Service personnel under the age of 18 are not deployed on any operation outside the UK except where the operation does not involve personnel becoming engaged in, or exposed to, hostilities. In July 2015, the High Court dismissed a judicial review brought by the organisation Child Soldiers International, alleging that the enlistment of Army recruits aged 16 to 18 was in conflict with the equal treatment directive. All service personnel have a statutory right to claim discharge up to their 18th birthday, and the right of discharge is made clear to all service personnel on joining the armed forces. There is a long-standing legal right of all new recruits, regardless of age, to discharge within their first three to six months, depending on their service, if they decide that the armed forces is not a career for them.

Under armed forces regulations, everyone under the age of 18 serving in the armed forces has a further right to claim discharge up to their 18th birthday. For the first six months of service, this is achieved by giving not less than 14 days’ notice in writing to their commanding officer after an initial period of 28 days’ service. At any other time after six months’ service, those under the age of 18 who wish to leave must give notice in writing to their commanding officer, who must then discharge the under-18 within the next three months. For those who give notice just prior to their 18th birthday, this means that the latest they will be discharged is at 18 years and three months of age. These three months represent a cooling-off period to avoid the unintended consequence of a decision made in the heat of the moment. A shorter period may well be agreed with the commanding officer, but three months provides the under-18 with a period of due reflection and the right to rescind their request for discharge. This process ensures that individuals under the age of 18 have an appropriate period of time to consider their decision to leave, and offers flexibility depending on individual circumstances. Ultimately, all service personnel under the age of 18 have a statutory right to leave the armed forces up until their 18th birthday.

All recruits aged under age 18 receive key skills education in literacy and numeracy, should they need it, and all are enrolled on to apprenticeships. The armed forces remain the UK’s largest apprenticeship provider, equipping young people with valuable and transferable skills for life. Over 95% of all recruits, no matter what their age or prior qualifications, enrol in an apprenticeship each year. The armed forces offer courses in a wide range of skills, such as engineering, information and communications technology, construction, driving, and animal care. Ofsted regularly inspects our care of newly joined young recruits, and we are very proud of the standards we achieve. We welcome this specialist confirmation that we treat our young recruits well. In the Select Committee, the Chief of the General Staff, Sir Nick Carter, described the process of recruiting young people, treating them in the right way, and providing them with new opportunities as “incredibly positive”. I take pride in the fact that our armed forces provide challenging and constructive education, training and employment opportunities for young people while in service.

I take on board the point made by the hon. Member for North Durham (Mr Jones), and agree with him, about his concerns for early leavers. I am focusing on that area, and I am delighted that it is addressed by the new career transition partnership that was introduced on 1 October.

[Liz Saville Roberts]

I thank everybody who has taken part in the debate. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 5

Requirement to publish statistics on sexual assault and rape

‘(1) Each service police force must collect and publish annually anonymised statistics on the number of allegations of sexual assault and rape made by and against members of the armed forces.

(2) The Director of Service Prosecutions must collect and publish annually anonymised statistics on the number of cases involving allegations of sexual assault and rape made by and against members of the armed forces, including but not necessarily limited to—

(a) the number of cases referred from the service police forces;

(b) how many of these cases were prosecuted; and

(c) how many convictions were secured.”—(Mr Kevan Jones.)

Brought up, and read the First time.

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[Kirsten Oswald]

It is vital that all matters relating to allegations of or concerns about serious and complex crimes, including sexual assault, rape and murder, are handled with the utmost seriousness, so it is important that such cases are dealt with by the appropriate authorities and with the benefit of the best legal advice. Commanding officers in our armed forces are men and women of skill, professionalism, grit and integrity, but it may simply not be fair to expect them to possess the same level of specialist investigatory skills as those with a professional background in such skills. We would not expect that of any other group. If the victims and alleged perpetrators are dealt with by specialist authorities, everyone will be aware that such matters are handled, as we would all hope, with the appropriate structure, uniformity of approach, transparency and professional best practice.

The maintenance and publication of statistics on sexual assault and rape are key. It is simply not possible or desirable to make assumptions about the level or severity of allegations, prosecutions or convictions. We can only know such details via robust, consistently formatted and regularly produced statistics that are put in the public domain. We would wish to see improvements in the 2017 survey relating to sexual harassment, compared with 2014.

Releasing such statistics is part of our duty of care towards service personnel. It was interesting and heartening to hear in the Select Committee that some of that happens anyway, but it is not approached in a uniform or consistent manner across all services. Without a uniform approach that has the same definitions, frameworks and publication dates, we cannot reasonably keep this matter under review, which we absolutely should do to ensure that we continue to work towards transparency, clarity and improvement for the benefit of all service personnel.

[Mark Lancaster]

I am pleased that the hon. Member for North Durham (Mr Jones) has returned to these proposals and I welcome the opportunity to discuss these matters before the Committee.

Allegations of sexual assault and rape should never be treated lightly. It is important to us that members of the armed forces are treated well and that we foster an environment in which people have confidence that unacceptable behaviour is not tolerated and that allegations of such behaviour are dealt with. It is important that we are active in driving that forward.

The hon. Member for North Durham is right to raise the publication of statistics. During the Select Committee consideration of the Bill, my hon. Friend the Member for Keighley (Kris Hopkins) set out the current arrangements in the service justice system for the collection and publication of crime statistics. I will repeat them for the benefit of the Committee.

The service police crime bureau keeps records for all three services of allegations of rape and sexual assault that are made to the service police. That information is released regularly in response to parliamentary questions and freedom of information requests. In the case of the latter, the information is uploaded to the MOD’s online publication scheme, where it can be freely accessed. Let me be clear that I want to explore how we can be more proactive in releasing this information.

The service police crime bureau has been liaising with the Home Office police forces to analyse crime recording practices and rules to identify methods of improving crime recording. As a result, the bureau is working to establish a post of crime registrar, similar to that found in all other police forces, with a remit to scrutinise and audit the recording of crimes on the service police investigation management system. That will lead to further improvements.

The Service Prosecuting Authority records, for each year, the number of cases referred to it, the number of cases in which charges are preferred and the number of cases in which a conviction is secured. The Military Court Service publishes on the internet, on a regular basis, details of every case that is heard at the court martial, including offences, outcomes and punishments. There is, therefore, a clear picture of the extent of this type of offending within the services, giving a strong indication of the proportion of cases referred from the service police to the Service Prosecuting Authority that were prosecuted and of the conviction rate in such cases.

As General Sir Nick Carter, the Chief of the General Staff, said when giving evidence to the Select Committee on the Bill:

“In terms of publishing facts, figures and statistics, I am very solidly behind trying to do that.”

He said that the legislation goes far enough at the moment, but that we must do more, and I agree. Although I am not convinced that it is necessary or appropriate to set out requirements in legislation for the publication of such data, I am determined to make the data that we publish robust, consistent and accessible. To that end, I am actively considering how best to publish the data as an official statistic.

Turning to new clause 6 on the commanding officer’s discretion to investigate, I reassure the Committee that the armed forces already have procedures in place to ensure that allegations of sexual assault are handled appropriately. The commanding officer’s duties in that respect are clear. The starting point is that if a commanding officer becomes aware of an allegation or evidence that would indicate to a reasonable person that a service offence may have been committed by someone under his command, he must ensure that it is investigated “appropriately”. That is a specific statutory duty under the Armed Forces Act 2006. The commanding officer must therefore refer the matter to the service police if it would be appropriate.

The service police can, and do, act on their own initiative, even if a commanding officer does not think it appropriate to ensure that they are aware of the case. For example, the service police could be approached by a victim or a witness, they could come across an offence while patrolling, or the civilian police could become involved and pass them the case.

Almost all of the large number of sexual offences under part 1 of the Sexual Offences Act 2003, including rape and assault by penetration, are already schedule 2 offences. If a commanding officer becomes aware of an allegation, or of evidence that would indicate to a reasonable person that one of those offences may have been committed by someone under his command, he must report that to the service police. We must consider whether a commanding officer should have any discretion over whether to report an allegation of sexual assault, exposure or voyeurism to the service police, in circumstances where a victim or witness does not report the matter to the service or civilian police, and when the service police are not otherwise aware of it.

Importantly, before a commanding officer takes command, he receives training in how to exercise his powers under the Act, and he has access to legal advice 24 hours a day, seven days a week. As the Chief of the General Staff, Sir Nick Carter, made clear, there is a specific requirement in the manual of service law that a commanding officer is to take legal advice when sexual assault, voyeurism or exposure have been alleged. The manual has been amended to make specific mention of those offences in the section on “deciding how to investigate”, and it states that there should be a presumption that the commanding officer will normally ensure that the service police are aware of an allegation of such an offence.

Crucially, although it will rarely be appropriate for the commanding officer not to refer an allegation of sexual assault to the service police, the offence is so wide that I consider it right for the commanding officer to have some discretion, taking into account the wishes of the victim. I fear that an unintended consequence of the new clause may be to discourage some victims from coming forward, since the matter of reporting to the police will be taken out of their hands. The victim, of course, retains the ability to report directly to the service police. I believe that there is already a robust framework and that it is not necessary to impose on commanding officers a statutory duty—which does not apply to any other employer—to refer every allegation of sexual assault and the other offences covered by the new clause to the service police, regardless of what the victim may want.

New clause 7 deals with civilian investigations into serious offences, and would require all investigations into allegations of murder, rape and sexual assault by and against service personnel to be undertaken by the civilian police, and all prosecutions for such offences to be undertaken by the civilian Crown Prosecution Service. The service police and prosecuting authority have the necessary expertise and independence to investigate effectively and prosecute serious offences, including murder, rape and sexual assault by and against service personnel. The service justice system has been scrutinised by the UK courts, and in Strasbourg, and has been held to be compliant with the European convention on human rights for investigations and prosecutions in the UK and abroad where the civilian police do not have jurisdiction.

The service police have been held by the courts to be structurally, and in practice, independent from the chain of command, and they are trained and able to carry out investigations into the most serious offences at home and abroad. All prospective members of the special investigation branch, which investigates serious crimes, must pass the serious crime investigation course before being selected for that unit. Officers receive specialist training on the handling of sexual offences, investigative techniques, forensic awareness, dealing with witnesses and suspects, the preservation of evidence, and interaction with victims.

Selected members of the service police attend a range of specialist and advanced detective training at the Defence College of Policing and Guarding, or externally with the College of Policing or training providers accredited by that college. At the Service Prosecuting Authority, prosecutors are trained to prosecute serious cases effectively. For example, prosecution of serious sexual offences requires attendance on the CPS rape and serious sexual offences specialist training course, and the SPA ensures that decisions on charging are taken only by prosecutors who have completed that training.

The prosecutors protocol of 2011 between the Director of Public Prosecutions, the Director of Service Prosecutions, and the Defence Secretary, recognises that any offence can be dealt with by the service authorities. The main principle in deciding who acts is whether the offence has any civilian context, especially a civilian victim. The protocol provides that cases with a civilian context are dealt with by the civilian criminal justice system.

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The Government really must listen to what the hon. Gentleman has said. Let us get this done.

[Mark Lancaster]

The new clause would impose an obligation on the Defence Secretary to instigate a review of compensation for veterans with mesothelioma. My view is that such a step would not require legislation, and has been overtaken by events.

As I said on 19 November during the Adjournment debate on compensation for our military veterans who have been diagnosed with mesothelioma, we recognise that it is a devastating disease that changes the lives not only of the people who are diagnosed with it but of those who care about them: their families and loved ones.

Veterans with mesothelioma caused by their military service are entitled to make a claim for no-fault compensation from the Ministry of Defence. The war pensions scheme provides a tax-free pension and supplementary allowances, along with dependants’ benefits. The Government ascribe great importance to the health and well-being of our veterans, and we are clear about the fact that they should not be disadvantaged as a result of their service. We are absolutely committed to supporting them and the wider armed forces community.

Mesothelioma is a cancer caused by exposure to asbestos, and 40 years or more can often pass before it manifests itself and an individual is diagnosed, tragically with a short life expectancy thereafter. That is why it is so important to ensure that we provide the right support for those who are affected by the disease. We owe them all a debt of profound gratitude. I am therefore pleased to announce that any veteran who is diagnosed from mesothelioma from today will be offered a choice between receiving a lump sum of £140,000 and receiving the traditional war pension payments. It is currently proposed that the necessary legislative changes will come into force on 11 April 2016, but I am keen to consider options for bringing the date forward. Claimants choosing the option of a lump sum will continue to receive a monthly payment until the lump sum is paid. The Veterans Welfare Service will be on hand to help claimants to understand the new option.

As my hon. Friends will know, the policy of no retrospection has been maintained by successive Governments. Whether it should be applied to this group is a complex issue that has been the subject of much discussion within the Government. However, I have directed my Department to continue to review the options to support these claimants in a similar manner. I have received a great deal of correspondence, and I intend to write to the Members who have contacted my Department with a full update.

On that basis, I urge the hon. Member for North Durham to withdraw his motion.

[Mr Kevan Jones]

I think it would be rather churlish if I did not! I thank the Minister. What he has said shows his determination to put this wrong right, and, as with many issues, he approaches it not only with compassion but with the aim of ensuring that we do the right thing. This is doing the right thing by these veterans, to whom we owe a huge debt. I congratulate him on his stance and I will look with hope at the other work he is doing on retrospection. I accept that there are difficulties with that and I would not expect solutions tomorrow, but I take his commitment at least to look at retrospection. On the happy note that this is moving in the right direction, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.



New Clause 9

Homosexual acts no longer to constitute grounds for discharging a member of HM armed forces (No. 2)

‘(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 146(4), omit the words “discharging a member of Her Majesty’s armed forces from the service or” and the words “or, in the case of a member of Her Majesty’s armed forces, where the act occurs in conjunction with other acts or circumstances,”.

(3) In section 147(3), omit the words “discharging a member of Her Majesty’s armed forces from the service or” and the words “or, in the case of a member of Her Majesty’s armed forces, where the act occurs in conjunction with other acts or circumstances,”.’—(Mr Kevan Jones.)

This amendment removes the provisions applying to the armed forces from sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994.

Brought up, and read the First time.

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[Kirsten Oswald]

I agree entirely with the comments of my hon. Friend. It was positive in the Select Committee to hear the universal support for the repeal of this archaic and discriminatory provision. I understand that the current law has not actually been enforced for many years, and I realise that repealing the provision is out of scope for us today. However, I join my hon. Friend and the hon. Member for North Durham (Mr Jones) in urging the Government to find a way to deal with the issue, and to do so with some urgency. It is unacceptable that, albeit unused, this provision remains. In 2015, we are better than that as a society, and our armed forces deserve the framework they operate within to reflect that and the fact that the provision is unacceptable and derogatory.

[Mark Lancaster]

I have much sympathy with the basis for this new clause. Sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994 are clearly redundant. They have no practical effect and their existence is inconsistent with the Department’s policy on homosexuality within Her Majesty’s armed forces and the Government’s equality and discrimination policies more generally. We are very proud in the MOD of the significant progress that has been made over a comparatively short time in respect of support for lesbian, gay, bisexual and transgender staff. Since changes were made to the law in 2000 to allow homosexual men, lesbians and transgender personnel to serve openly in the armed forces, we have taken many positive steps. All three services now feature in Stonewall’s top 100 employers list.

We continue to engage widely to benchmark our activities in support of our LGBT staff, to ensure that we are doing as much as we can. In celebration of this year’s London Pride, the rainbow flag was flown over the MOD main building for the first time, while over 200 service personnel and MOD civil servants marched together.

It is clear, therefore, that this redundant piece of legislation in no way reflects the position of today’s armed forces, or indeed the position of the merchant navy, which is also included in those provisions. We would wish to repeal the legislation for both groups, but that is not possible in this Bill as the merchant navy falls under the auspices of the Department for Transport.

I am keen to repeal this legislation as soon as possible, and will undertake to update the House on this matter on Report. I have also discussed this with my colleagues in the Department for Transport, who echo the intent to review this legislation with regard to the merchant navy as soon as possible. On that basis, I urge the hon. Member for North Durham (Mr Jones) to withdraw his new clause.

[Mr Kevan Jones]

What we have had today is what we had in the Select Committee: universal agreement that this is not only redundant legislation, but is discriminatory and should not be on the statute book. I welcome the Minister’s commitment to look at finding a way to remove this. He has said he will report back on Report, and that will stop people pushing it off into a siding. I look forward to the Minister coming back with a way of changing this not only for the armed forces but, through the Department for Transport, for members of the merchant navy. With those comments, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Schedule agreed to.

Title

Amendment made: 2, line 2, after “discipline;” insert

“to make provision about war pensions committees established under section 25 of the Social Security Act 1989;”.—(Mark Lancaster.)

The Deputy Speaker resumed the Chair.

Bill, as amended, reported.

Bill to be considered tomorrow.

Draft Armed Forces (Service Complaints Miscellaneous Provisions) Regulations

Lord Lancaster of Kimbolton Excerpts

Monday 14th December 2015 General Committees

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

I beg to move,

That the Committee has considered the draft Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015.

It is a pleasure to serve under your chairmanship, Mrs Moon. The draft regulations are required as part of a package of measures to implement a new service complaints process and a service complaints ombudsman for the armed forces. The new legislation is designed to provide a streamlined and more effective internal redress system for our armed forces and new, strengthened external oversight through an ombudsman. The regulations will come into force on 1 January 2016. The new system is provided for in new section 365B and part 14A of the Armed Forces Act 2006, as inserted by sections 1 to 3 of, and the schedule to, the Armed Forces (Service Complaints and Financial Assistance) Act 2015.

The instrument is intended to promote fairness in the new system by preventing conflicts of interest and ensuring that complaints are dealt with by those who have the right experience and knowledge properly to assist the complainant. The instrument also covers procedural matters that provide essential safeguards and aspects of independence for our armed forces personnel.

The regulations include four important things, which I shall deal with in turn. First, we have, as for the existing system, made rules on who cannot be appointed to deal with a service complaint—for example, someone who is implicated in the matters complained about.

The second important aspect of the regulations is that we have set out those matters that cannot be raised as a service complaint. That is not a new aspect of the complaints process; such matters are provided for in the regulations covering the current system and have been updated in this instrument to take account of the new process and of experience. For example, challenges to decisions made in the internal redress system are excluded, as under the new legislation the ombudsman will be able to review or investigate them.

Similarly, the regulations exclude complaints about decisions made by the ombudsman. The ombudsman provides external oversight of the complaints system, so it would be contradictory for the complaints system to be able to overturn decisions of the ombudsman. Challenges to the decisions of external ombudsmen are best made in the courts.

One particular matter that I want to mention is the exclusion of complaints alleging clinical negligence or personal injury against the Ministry of Defence. The redress system is not appropriate for deciding the complex, specialised medical and legal issues that can arise in clinical negligence and personal injury cases. It remains possible, however, to make a service complaint if a person believes we have not provided medical care when it was our responsibility to do so. As under the existing system, the regulations also exclude matters for which there are more appropriate alternative remedies. For example, challenges to decisions made in the court martial are best decided through the appeals system.

The third important effect of the regulations is to set out when at least one independent person must be appointed for deciding a service complaint. The main circumstance in which that will apply is where a complaint alleges bullying or similar misconduct. That is the same as under the current system and provides an extra safeguard for fairness in such sensitive cases, as well as giving a measure of external oversight as part of the internal system.

The fourth main effect of the regulations is to set out the matters that must be reported to the service complaints ombudsman when an allegation of a wrong suffered by a serviceperson has been referred by the ombudsman to the chain of command. Like the Service Complaints Commissioner for the Armed Forces now, the ombudsman will be able to receive allegations of wrongs done to service personnel. For example, a family member of a serviceperson will be able to approach the ombudsman with their concerns. The ombudsman will then be able to refer those cases to the chain of command and to track what happens. The regulations will ensure that the ombudsman is kept updated on progress and can respond to queries without comprising her investigative role.

Finally, the Joint Committee on Statutory Instruments has scrutinised the draft instrument and, in doing so, has brought to our attention three minor drafting points that we will seek to correct at the earliest available opportunity. However, we do not expect those points to affect the practical workings of the regulations. On the first point that has been raised, we accept that the definition of the expression “in writing” has been included unnecessarily in regulation 2(1).

On the second point that the Committee has brought to our attention, we will seek to provide further clarity on regulation 6(1). This regulation provides for when the period of three weeks begins from which the ombudsman is to be notified of certain events in connection with the progress of the matter that has been referred by the ombudsman as a potential service complaint. It also provides that the ombudsman is to be notified of each event that is listed in the regulation. We will seek to clarify the exact moment of the day from which the time period of three weeks applies, and that the period applies separately to each event that appears in the list.

The third of the JCSI’s points relates to a provision in the schedule to these regulations that excludes the right to make a complaint where there is a right of review for certain service police or prosecution matters. The Committee has said that the regulations refer incorrectly to those rights of review being “under” the code in which they appear, rather than being mentioned “in” that code. Again, we will look to make the correction at the earliest available opportunity. I hope that hon. Members will support these regulations today.

--- Later in debate ---

[Mark Lancaster]

I thank the hon. Lady for her support in this important matter. I appreciate that she came to the House only at the general election and so was unable to be part of our discussions on the 2015 Act earlier this year, but it was a constructive process, which I am pleased had support from across the House. She highlighted some of the history behind where we are today, and the creation of the ombudsman, whom I have met on several occasions, is a positive step. The change will streamline the process to try to ensure that it is sped up, which is vital. Equally, we are determined to advertise the process as widely as possible, because I accept that we must encourage people to feel able to make a complaint and that there should be as few barriers to that as possible.

The hon. Lady touched on the training of independent members who may be appointed. We put them through an induction programme to familiarise them with the armed forces and we also try to select individuals with considerable experience in similar areas, so I hope she will be reassured by that.

[Rachael Maskell]

Issues appertaining to bullying, harassment and discrimination are particularly sensitive, so I ask that specific training be provided to investigating officers.

[Mark Lancaster]

Okay. I hear that request. If I may, I will go away and look carefully at the current training package. I will then write to the hon. Lady outlining exactly what training is provided. If she still feels uneasy after that, we can discuss the matter further.

The hon. Lady also mentioned the case backlog, which, as I have already mentioned, is one reason why we have sought to streamline the process. I accept that some complaints have taken too long to resolve, potentially reducing confidence in the system. It must be remembered, however, that some complaints, including those that deal with improper behaviour, can be more complex and thus necessarily take longer to investigate. It is right that a reasonable amount of time is taken so that cases are handled fairly. We want to ensure that the system is fairer, more effective and more efficient than at present, while valuing quality outcomes as much as timeliness.

On the overall direction of travel, it is important to note that the regulations require the ombudsman to produce an annual report, which must be laid before Parliament. It must cover the system for dealing with complaints and the exercise by her of her functions. The same requirement has applied to the Service Complaints Commissioner. The ombudsman can include in the report any matters related to redress and her work as she decides. The Secretary of State can also ask her to address any matters. It is likely that the report, just like those of the Service Complaints Commissioner, will address trends and themes. I would expect the Government to address those trends and themes as we move forward.

The hon. Lady also spoke of how long complainants have to make a complaint. I recognise that it can take time for themes to develop and that it may take time for someone to build up the courage to make a complaint about an incident. Ultimately, however, it is worth remembering that the ombudsman’s new powers already include the ability to overturn cases that are deemed to be out of time. Equally, given that we have the annual report, if we begin to see a theme of people who are deemed out of time to make a timely complaint, I am sure that we will endeavour to address it.

I hope I have touched on all the points that the hon. Lady raised. If, when I read Hansard, I see that I have not, I will write to her.

[Rachael Maskell]

I thank the Minister for his response. I also appreciate his commitment to follow up on the issues raised. I want to return to the timeline, because it is important that communications are made to ensure that people have confidence in raising a complaint. Knowing that time limits are in place will act as a barrier to people raising complaints outside that three-month timeline. I ask that the flexibility that the ombudsman can exercise in such matters will be communicated and that that issue will be reviewed and considered closely in the reporting that the ombudsman makes.

[Mark Lancaster]

I accept that the hon. Lady is anticipating a problem. Given that we have the annual report, I will ensure that the ombudsman, Nicola Williams, sees this debate, so that she is alerted to the concern that the timeline may well become a problem. I will ask her to look specifically at that issue, so that we can address it in one of her annual reports, if need be.

Question put and agreed to.

Defence Infrastructure Organisation

Lord Lancaster of Kimbolton Excerpts

Thursday 10th December 2015 Written Statements

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

On 9 June 2014, Official Report, column 23WS, the then Secretary of State for Defence, my right hon. Friend the Member for Runnymede and Weybridge (Mr Hammond), announced the intention to examine whether the Defence Infrastructure Organisation (DIO), currently part of the Ministry of Defence, should incorporate into a Government-owned company in 2016.

We have completed this assessment and concluded that, at the present time, the MOD’S business interests are best served by the DIO retaining its current status within the Department. We assess that this will achieve further transformation by delivering rationalisation and improvements to the way the DIO delivers infrastructure to support defence capability, without the risks and costs associated with incorporation. We shall, therefore, not be pursuing incorporation.

[HCWS379]

War Pensions Scheme Uprating 2016

Lord Lancaster of Kimbolton Excerpts

Wednesday 9th December 2015 Written Statements

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The new rates of pensions and allowances payable under the war pensions scheme proposed from April 2016 are set out in the following tables. The annual uprating of awards and allowances for 2016 will take place from the week beginning 11 April. Rates for 2016 are unchanged in line with the September 2015 consumer prices index of negative (at -0.1%).

Oral Answers to Questions

Lord Lancaster of Kimbolton Excerpts

Monday 23rd November 2015 Commons Chamber

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

7. What plans he has for consolidation of Royal Air Force stations.

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

Any consolidation of Royal Air Force stations is being considered as part of the Ministry of Defence footprint strategy. The attacks in Paris remind us that the threats we face are growing in scale, diversity and complexity. We are therefore determined to configure our defence estate to optimise our support of military capability.

[Stephen Phillips]

I am grateful to my hon. Friend for that answer. He will know that Lincolnshire is the home of the RAF, and while I appreciate that he cannot give definitive answers today, he will no doubt agree that that should remain the case and that there are very good reasons for consolidating more personnel and assets in our great county.

[Mark Lancaster]

My hon. and learned Friend is a champion, not only of his constituency but of Lincolnshire. He is right to say that that county has had a long association with the RAF. He is right that I cannot give any further details today—not even after half-past 3—but I hope to be able to provide further information in due course.

[Craig Tracey (North Warwickshire) (Con)]

8. What steps he is taking to support military veterans.

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The Government provide a comprehensive programme of support for ex-service personnel. For those returning to civilian life, that includes an excellent resettlement package, a high-quality pension and compensation schemes and measures to meet veterans’ health and welfare needs. The armed forces covenant stresses the importance we place on ensuring that veterans are not disadvantaged as a result of their service in the armed forces.

[Craig Tracey]

Research shows that veterans represent the largest single cohort in the overall prison population. What is the Department doing to address the issue, and will the Minister acknowledge the significance of charities such as Care after Combat, whose Phoenix project is intended to reduce reoffending in this important group?

[Mark Lancaster]

As my hon. Friend will know, armed forces veterans in prison are the responsibility of the Ministry of Justice, but the latest figures that I have suggest that approximately 3.5% of the UK prison population are veterans. All prisoners with a military history are eligible for the full range of interventions and services that are available from the National Offender Management Service, and armed forces charities, including the Royal British Legion, SSAFA, Care after Combat and Combat Stress, send caseworkers to support veterans in some prisons.

[William Wragg]

Members of our armed forces not only put themselves in great physical danger but subject themselves to great psychological pressures in order to protect our country and our people. What is being done to help veterans of my excellent local regiment, the Mercian Regiment, and others who are struggling with mental health issues?

[Mark Lancaster]

The MOD is determined to ensure that veterans with mental health issues are given appropriate support. NHS England spends £1.8 million a year on mental health services for veterans, including the provision of 10 veterans mental health teams. Up to a further £18 million is funding the Combat Stress six-week intensive post-traumatic stress disorder programme. Subject to the forthcoming spending review, a further £8.4 million of Government funding will be provided over the next five years.

[Liz McInnes (Heywood and Middleton) (Lab)]

21. What conversations have taken place with the Chancellor to discuss the impact of tax credit cuts on military families, including the families of veterans?

[Mark Lancaster]

I am sure that the issue has been discussed, and that it will be addressed later this week when the Chancellor makes his announcement.

[Tom Brake (Carshalton and Wallington) (LD)]

What support is the MOD able to give local authorities such as my own, Sutton council, which are keen to establish “homes for heroes”?

[Mark Lancaster]

I recently announced that we were about to undertake a review of best practice. Following conversations with the chair of the Local Government Association, we intend to carry out that review to ensure that best practice is spread across local authorities throughout the United Kingdom.

[Rachael Maskell (York Central) (Lab/Co-op)]

The social care crisis is affecting people all over the country, including those who have sustained an injury or condition while serving our country. Those who were injured on or after 6 April 2005 receive a payment under the armed forces compensation scheme, which local authorities disregard when assessing them for social care, but those who were injured before that date receive the war pension, which is not disregarded. When will the Government address this inequality?

[Mark Lancaster]

That is primarily a matter for the Department of Health. I have been engaging in a series of negotiations with my counterpart in that Department, and I am sure that we will report to the House in due course.

[Pauline Latham (Mid Derbyshire) (Con)]

9. What steps he is taking to increase the proportion of his Department’s procurement expenditure which goes to small and medium-sized enterprises.

--- Later in debate ---

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

18. What plans he has to strengthen the armed forces covenant.

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The covenant came into force under the Armed Forces Act 2011. Since then, the Government have undertaken a range of actions to build the covenant. Our fourth annual report to Parliament is due to be published in December 2015 and that will detail the progress we have made during the year. The Government are committed to continuing to honour our pledges and encouraging wider society to think about their contribution.

[Paul Scully]

I welcome the fact that all local authorities have signed up to the community covenant. How will the commitments be measured so that Sutton council and others can learn from the best and most proactive and we can encourage others to up their game?

[Mark Lancaster]

I, too, am grateful for the support that councils, including Sutton, have demonstrated to our armed forces community. All have signed the community covenant and many are extremely proactive. I recently had a meeting with the chair of the Local Government Association and the Minister for Housing and Planning to discuss what more we can do to encourage local authorities as they look to support our armed forces community. As a result, I understand that the housing Minister intends to write to all local authorities setting out examples of best practice and reminding them of the need under the covenant to honour their commitments.

[Michael Tomlinson]

A veteran in my constituency suffers from mental health issues as a result of military service. He is on the local council housing list, but is one or two steps away from priority status. May I urge the Minister to beef up the military covenant to ensure that our veterans are given priority status for housing as a matter of course?

[Mark Lancaster]

The Government are determined to honour the commitments made by the armed forces covenant to ensure fair treatment of veterans and their families in need of social housing. That is why this Government changed the laws so that seriously injured serving personnel and veterans with urgent housing needs must always be a high priority for social housing. It is, however, for local authorities to make judgments about the competing housing priorities in their areas, but if my hon. Friend writes to me with the details of this case, I will of course raise it with my Department for Communities and Local Government colleagues.

[Mr Stephen Hepburn (Jarrow) (Lab)]

Ten thousand of our homeless are military veterans, as are 10% of our prison population. How is the covenant tackling this problem?

[Mark Lancaster]

The hon. Gentleman will be aware of the £40 million invested in the veterans accommodation fund. I work very closely with a number of charities to ensure that we address this issue. He can see for himself at the Beacon home in Catterick, for example, or the Mike Jackson House in Aldershot, if he wishes to visit, and I would encourage him to do so.

[Maria Eagle (Garston and Halewood) (Lab)]

In the past five years, we have seen the pay and pension entitlements of service personnel cut in real terms, 30,000 redundancies and a failure to recruit the number of reserves that the Government planned to fill the gap. Now we read that annual increments and special allowances are also to be cut. Does the Minister accept that treating service personnel so shoddily will impact on morale and can be seen as a breach of the military covenant?

[Mark Lancaster]

I was hoping to avoid these words, but the hon. Lady will have to wait until 3.30 pm. I am confident that the remuneration package will remain an excellent package for our service personnel, but she will just have to wait a few more minutes to find out exactly whether or not to believe all the press reports she reads.

[Ian C. Lucas (Wrexham) (Lab)]

13. What assessment he has made of the potential effect of UK withdrawal from the EU on defence and national security.

--- Later in debate ---

[Simon Hoare (North Dorset) (Con)]

T6. With Blandford Camp at the heart of my constituency, will the Minister assure me that, with the evaluation of the defence estate being undertaken, its socioeconomic importance for Blandford Forum as an important market town in North Dorset is taken into consideration?

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

Although the defence estate is primarily configured to support military requirements, the Ministry of Defence does support local authorities in understanding any potential impact of changes, particularly when it comes to the opportunities to provide local resources as part of future town planning.

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

T9. Lockheed Martin submitted a bid for the new maritime patrol aircraft contract. With the proposed C130 multi-mission aircraft costing around 40% of Boeing’s, which also would have seen 80% of the project carried out by a UK workforce, will the Minister please enlighten the House about the process that was undertaken to award that contract ultimately to a costlier alternative that is not supporting British jobs?

--- Later in debate ---

[Diana Johnson (Kingston upon Hull North) (Lab)]

Having seen at first hand the brilliant veterans breakfast clubs which were first established in Hull and run by Dereck J. Hardman and Peter Barker, what more can the Government do to support those initiatives started by veterans themselves?

[Mark Lancaster]

Having been to several such events myself, I have to agree with the hon. Lady that they are an excellent scheme, and something on which I hope to make progress over the coming months.

Mesothelioma Compensation (Military Veterans)

Lord Lancaster of Kimbolton Excerpts

Thursday 19th November 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

I start, of course, by congratulating my hon. Friend the Member for Northampton South (David Mackintosh) on securing this debate to discuss compensation for our military veterans who have been diagnosed with mesothelioma. I recognise that mesothelioma is a devastating disease that changes the lives not only of the people who are diagnosed but of those who care about them—their families and loved ones. I recognise that this is an important subject to hon. Members across the House and that it is something we all feel strongly about, as evidenced by the correspondence I have received, as well as by the recent letter from the Defence Committee and the early-day motion that some hon. Members have signed. This is also a subject that is close to the hearts of our constituents.

I would like to pay tribute to all those who have taken the time to contribute to the discussions on this subject, some of whom I have engaged with, including the Royal British Legion. I welcome the statement read out by my hon. Friend concerning his constituent, Mr Fred Minall, who I understand has been diagnosed with mesothelioma as a result of his service in the Royal Navy during the 1950s and ’60s. This was something I was very sorry to learn of. Let me reassure all hon. Members that I recognise the need to act swiftly and that I am extremely sympathetic to this cause. I can assure them that I am minded to find a solution, and have been working with my officials to do so, and crucially to do so quickly.

I would like to pay tribute to all our armed forces—those still serving and those who have served. This is particularly relevant at this time of year, as we remember their commitment and sacrifice in serving this country. We owe them all a debt of profound gratitude. This Government and I, as Minister for Veterans, are committed to doing all we can to honour that debt of gratitude. That is why we have put the armed forces covenant, which represents the moral obligation we owe to those who serve or have served, at the heart of our national life and enshrined its principles in law.

Our commitment to doing the very best we can for our veterans is genuine and unswerving. However, it is a commitment that we need to frame within the context of fairness and reality. Mesothelioma is a cancer caused by exposure to asbestos, and 40 years or more can often pass before it manifests itself and an individual is diagnosed, tragically with a short life expectancy thereafter. That is why it is so important to ensure that we get the support right for those who are affected by the disease.

[Bob Stewart]

Will the Minister give me his reassurance that modern-day sailors are not threatened when they are working in boiler rooms today? We have some pretty old ships, and they might still have asbestos on them.

[Mark Lancaster]

Indeed, and I will move on in a moment to the action that the Royal Navy has taken. If my hon. Friend will bear with me, I will come to that shortly.

In the light of what I was describing, I want to explain the support that is currently in place for our armed forces veterans who are diagnosed with mesothelioma. Asbestos was identified as causing mesothelioma in the 1960s. At that time, certain types of service in the Royal Navy were identified as particularly increasing the risk of exposure for armed forces personnel. When this was identified the Ministry of Defence started to address the matter quickly. By the early 1960s, the Royal Navy had already introduced new insulation materials on ships and on shore, as well as providing respiratory protection for those personnel who were most highly exposed. That was extended to all personnel who were classified as “at risk” in the following years, and by 1973 the risk of asbestos exposure for members of the Royal Navy was very low. It was not until 1987, however, that the Control of Asbestos at Work Regulations were introduced by legislation. As I have indicated, most of the cases of exposure to asbestos were between the 1950s and the 1970s. Under current arrangements, those armed forces veterans who are diagnosed with mesothelioma are able to claim compensation under the war pensions scheme—this applies to service before 6 April 2005.

The war pensions scheme allows an individual to claim the maximum war disablement pension, supplementary allowances and, in many cases, automatic entitlement by an eligible dependant to a war widow’s or widower’s pension. The Mesothelioma Act 2014 enabled the establishment of the diffuse mesothelioma payment scheme. This pays a one-off lump sum to an individual who is diagnosed. That legislation is aimed at those individuals where there is no existing employer to sue. As an enduring employer, the Ministry of Defence has provided for veterans who are diagnosed for a significant period before this through the war pensions scheme. Under the war pensions scheme, claims are settled quickly, so that the early payment of compensation can begin and claimants can be assured that their dependants will be provided for after their death.

It is important, however, that we consider how veterans are treated under the Act. The matter for consideration here is whether the current arrangements for veterans continue to meet the needs for which they were designed. I would again like to thank the Royal British Legion and those who have contributed to the discussion on compensation for veterans who are diagnosed with mesothelioma in the light of the Act—I welcome their engagement. I acknowledge the argument they are making that the Ministry of Defence should offer veterans with mesothelioma the option of a lump sum in compensation which is broadly comparable to that awarded under the Act. During the last Central Advisory Committee on Pensions and Compensation meeting in June, to which the hon. Member for East Renfrewshire (Kirsten Oswald) referred, ex-service organisations were updated on our consideration of this issue. Let me outline what steps we have taken so far.

Ministry of Defence Ministers commissioned advice from the Independent Medical Expert Group to look at mesothelioma and the awards paid through the war pensions scheme. I want to take a moment to explain some of the observations of the group. It advised that mesothelioma is unique in some respects and considered how awards were made under the war pensions scheme. The group commented that the regular income stream structure of the war pensions scheme addressed the needs of those whose civilian employability was compromised. It observed that the very poor prognosis for the majority of individuals diagnosed with mesothelioma meant that this structure offered only limited benefit in life to the sufferer—I realise that that is a crucial point. However, unlike industrial injuries disablement benefit, the war pensions scheme maintains support to eligible dependants after the pensioner’s death through payments of tax-free dependants’ benefits. While this generosity has been acknowledged, I recognise that the Royal British Legion has raised the position of single, widowed or divorced claimants, and although I am unable to offer a final solution to the House today, I can confirm to hon. Members that I am reviewing the provision that is currently available. I intend to make an announcement regarding the matter of lump sum payments very shortly.

As hon. Members will recognise, this is a complex matter that has required detailed consideration, and close consultation and engagement with colleagues across Whitehall. However, I hope to be in a position to make an announcement as soon as possible. To that end, I hope to update the charities at the forthcoming central advisory committee meeting next month.

In conclusion, I wish to again thank my hon. Friend the Member for Northampton South for calling for this debate on what I recognise is an emotive subject. Let me emphasise again that we place great importance on the health and wellbeing of our veterans and are absolutely committed to treating them fairly. As my officials continue to consider the details of this complex matter, I intend to remain fully engaged, but please rest assured that I am dedicated to bringing this matter to a swift conclusion.

Question put and agreed to.

Military Personnel and Veterans (Children and Young Carers)

Lord Lancaster of Kimbolton Excerpts

Tuesday 3rd November 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

I congratulate the hon. Member for West Dunbartonshire (Martin John Docherty) on securing this debate on the support for children, young people and young carers of military personnel and veterans. I thank him for the constructive way in which he has approached the subject. I have been a serviceman for some 27 years, and I remain in the reserve forces. Having been deployed on operations some three times, I appreciate the impact that service life can have on families —indeed it has had an impact on my own family—so I am particularly pleased to be able to respond to the debate this evening.

First, let me reassure the hon. Gentleman that the Ministry of Defence takes its overall responsibilities for service children and young people extremely seriously. In 2010, the significance of those responsibilities led the Ministry of Defence to establish a separate directorate for children and young people to ensure that all those with specific responsibilities for service children and young people understood, accepted and delivered on those responsibilities. Within that directorate, the MOD’s Children’s Education Advisory Service provides education-related information, advice and support to families and the military chain of command. I should point out at this stage that responsibility for service children and young people is not the exclusive preserve of the Ministry of Defence, and depends very much on where the service child or young person is living, whether they are in the United Kingdom or based overseas.

Within the four home countries of the United Kingdom, statutory responsibility for the care and support of our service children and young people remains with other Government Departments, the devolved Administrations, as the hon. Gentleman pointed out, and local authorities. We expect our service children and young people to benefit from the same level of care and support as any other child, and that lies at the heart of the armed forces covenant. However, we recognise that a parent’s military service will often place additional pressures on service children and young people, particularly when families are required to move to new duty locations and when a parent is deployed for a lengthy period away from home, especially if deployed on active service. Recognising that, the MOD works closely with the statutory organisations to help them understand and mitigate these additional pressures. The work under the armed forces covenant has led to many significant improvements, not least in schools admissions codes and special educational needs and disabilities codes.

For its part, in 2011 the MOD created the MOD education support fund, which now disburses £6 million each year to assist state schools and settings across the United Kingdom in mitigating the impacts of family mobility and parental deployment on service children and young people. I want to take the opportunity to acknowledge the effective use that schools and settings across the United Kingdom have made of the fund. The list is almost endless, and includes setting up clubs to record and send electronic messages to deployed parents and recording school plays and other activities to be shared with those deployed parents, keeping them part of the family while they are away. The fund also provides nurture rooms or quiet spaces where it is possible for children to spend quiet time away from the noise of school during difficult times.

To underpin that financial support, an enormous amount of effective collaborative work takes place at regional and local levels. In partnership with education departments across all four home countries, the MOD has established a number of effective practitioner networks to identify and share best practice in the support of our service children and young people. I recognise that across the four home countries there are different practices, and I am keen to ensure that we share best practice to benefit our young people. Members of the networks support our children on a daily basis, and provide an early indication when things might not be going to plan. They provide the evidence that supports any changes in policy required better to support our children, and to remove any disadvantage that our children might be encountering.

Even though the MOD does not have statutory responsibilities for children and young people within the United Kingdom, our service children and young people can benefit from non-statutory support that the MOD provides. Each of the armed services maintains an occupational welfare service that operates below the statutory level and provides additional support to service children and young people through a range of services and activities, including community and youth work activities in addition to those provided by local authorities, as well as providing access to emotional support through trained and experienced counsellors. For service families who suffer bereavement when a parent or guardian’s death is attributable to their service, assistance with the education of their children can be provided from the armed forces bereavement scholarship scheme.

When our service personnel and their families are based overseas outside the United Kingdom, the Ministry of Defence acts in lieu of a local authority and delivers appropriate levels of near-statutory provision. In the case of our children and young people that means that the MOD provides, or provides access to, the normal range of children’s services: education, health, social care and safeguarding, and youth development activities. Our MOD schools overseas have an excellent reputation, and their Ofsted gradings and attainment results are routinely above the national averages. These schools have a rich history of mitigating the impact of mobility and deployment that our children can sometimes face. Importantly, this valuable experience is now shared widely and very effectively with schools in the United Kingdom attended by service children, either directly or via routine conferences held by the national networks that I mentioned earlier. In this context I would like to acknowledge the sterling work done to ensure that the over 2,000 service children who returned from Germany this summer under the Army’s basing programme experienced a smooth transition to their new schools and communities in the United Kingdom.

On the subject of MOD schools, I am sure the hon. Gentleman would wish me to reaffirm the Ministry of Defence’s commitment to our only remaining MOD school in the UK, the Queen Victoria school in Dunblane. Established in 1905 through public subscription and maintained in perpetuity by the Ministry of Defence, QVS plays an important part in providing continuity of education for service children with a Scottish connection.

In the case of our veterans, the MOD Directorate Children and Young People continues to provide educational information, advice and support to families during and immediately after their transition back to civilian life, and longer for any enduring issues directly attributable to their time in the armed forces. Thereafter, veterans who require welfare support can access this through Veterans UK, which is part of the MOD and was created in 2007 to help ex-service personnel get appropriate support from Government, local authorities, independent bodies and the charity sector. The Veterans Welfare Service can allocate to veterans a welfare manager who provides free and confidential advice on any sort of problem and works closely with voluntary organisations, local authorities and all areas of the Department for Work and Pensions to provide the best possible help and advice.

The issues raised in this debate are at the heart of the MOD’s welfare policies and will be further strengthened once the MOD launches the families strategy, which will be the sole topic of the MOD’s welfare conference to be held in London later this month. The strategy supports the Government’s manifesto commitment to supporting the unsung heroes—the partners and families of those who serve. Its vision is to facilitate resilient and self-sufficient families, and it is underpinned by the principles of fairness, increased choice, self-sufficiency and resilience.

I would like to express particular thanks to the group of people who contribute most to the support of our service children and young people. That group is, of course, those service children and young people themselves. The commitment that our servicemen and servicewomen make to our country places extraordinary demands on their families, and requires their children and young people to display enormous courage, resilience and stoicism, and they do so on a daily basis. The extraordinary thing is that when one speaks to our children, they make it very clear that they do not want to be treated differently from their civilian counterparts; they just want it recognised that, from time to time, the pressures of military life mean that additional support is required if they are not to suffer disadvantage. We all have a shared responsibility to ensure that they receive it.

Question put and agreed to.

Oral Answers to Questions

Lord Lancaster of Kimbolton Excerpts

Monday 19th October 2015 Commons Chamber

[Mr David Hanson (Delyn) (Lab)]

7. How many UK Normandy veterans have been awarded the Legion d’Honneur between 6 June 2014 and 12 October 2015.

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The Government are grateful to President Hollande for his generosity in offering the Legion d’Honneur to all living veterans of the campaigns to liberate France in 1944-45. Although this is properly a matter for the French Government, Ministry of Defence officials are working closely with their counterparts and understand that French authorities have approved approximately 1,100 awards and that around 750 of these have been dispatched to UK veterans. I am confident that that number will increase significantly over the coming months.

[Mr Hanson]

Everyone will welcome the contribution of and the recognition given to those who fought bravely in the second world war from 6 June onwards, but does the Minister share my concern at the slowness and bureaucracy of the process? My constituents have raised with me the fact that more than 500 people who could have had the award died before receiving it. That is not acceptable.

[Mark Lancaster]

I accept that what the right hon. Gentleman says is true historically, but he will be aware that since July the admin procedure has changed significantly. We are now submitting 100 awards a week and the turnaround time is between six and eight weeks. Recently, I met my French counterpart here in the UK and he absolutely reassured me that the French will continue to do what they can to ensure that these awards are sent to our veterans as quickly as possible.

[Sir Edward Leigh (Gainsborough) (Con)]

Let me put matters into perspective. I have been in touch with the French ambassador who told me that they have been overwhelmed, with more than 3,000 of these heroes applying. They are doing their best and she has asked me to say that they want to hear from Members of Parliament if they know of any constituents who are likely to get the award. The ambassador will try to get them through as quickly as possible.

[Mark Lancaster]

I am grateful to my hon. Friend for those comments. By definition, the cohort of veterans receiving this award are elderly but if any hon. Member has a constituent who feels that we must speed up the process I would be delighted to receive those applications and I will treat them as a priority.

[Mr Speaker]

I do, and he does. My constituent will be most grateful to the Minister.

[Kevin Foster (Torbay) (Con)]

I appreciate the comments that the Minister has just made. Over the past year, two Normandy veterans living in my constituency have passed away without receiving the award and the situation is becoming even more urgent for the eight who remain. Will the Minister, given what he has just said, pledge to use all the persuasion he can with the French authorities to resolve this? Although these veterans could win the battle against Nazi oppression, they cannot win the battle with old age.

[Mark Lancaster]

We accept the general concern being expressed in the Chamber today. I can simply repeat what I have said before: I am confident now that the turnaround time for these awards has increased significantly to approximately six to eight weeks. We are confident that we can get through the backlog relatively quickly, but if any hon. Member has a constituent who needs the award quickly I ask them please to contact me.

[James Cleverly (Braintree) (Con)]

8. What plans his Department has to invest in new equipment for the armed forces.

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[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

16. What steps his Department has taken to mitigate the effects of low-flying exercises on rural areas.

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The Ministry of Defence takes its responsibilities to the general public very seriously indeed, and measures are taken to provide a balance between essential military training and the need to avoid excessive disturbance on the ground. Low-flying activity is spread as widely as possible across the UK to minimise the impact on particular communities.

[Liz Saville Roberts]

People living in Meirionnydd have spoken to me of their concerns following what has been described as the worst single near miss in Britain. This happened on 27 August last year near Dolgellau and involved three Hawk jets and two Typhoons with a combined value of £300 million. What steps are being taken by Air Command to improve safety following the UK Airprox Board’s recommendation to review flying practices in the Machynnleth loop?

[Mark Lancaster]

Of course, such near misses are very rare indeed. All low-flying activities are meticulously planned. I am sure that lessons will be learned. The Mach loop is, in effect, a one-way circuit that runs round an area just north of her constituency to try to minimise such events. We do take these things very seriously, and a review is under way.

[Andrew Gwynne (Denton and Reddish) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

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[Johnny Mercer (Plymouth, Moor View) (Con)]

T3. I am proud to be a member of a party that takes mental health seriously. One of its first acts in 2010 was to commission the Murrison report on mental health in the armed forces. How far have we got with that? Has an audit been conducted? If not, would now be a good time to do so?

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The recommendations of the “Fighting Fit” report have been delivered by the Government, working in partnership with the NHS and service charity partners such as Combat Stress. I am sure my hon. Friend will be pleased to know that the NHS in England is currently reviewing the services put in place following the report, with a view to ensuring that veterans with mental health problems are provided with the best possible support.

[Maria Eagle (Garston and Halewood) (Lab)]

The national security strategy of 2010 identified cyber-attack, including by other states, as one of the four highest priority national security risks facing the UK. Does the Secretary of State agree that that is still the case?

--- Later in debate ---

[Mary Robinson (Cheadle) (Con)]

T9. I am pleased that people across the UK are already benefiting from the Government’s home-buying initiatives, and I am sure the Secretary of State shares my view that it is important that the same opportunities are available to members of our armed forces. What steps is he taking to increase the number of servicemen and women who own their own home?

[Mark Lancaster]

We are making sure that the unsung heroes, our service families, can enjoy the stability and security of owning their home. Our forces Help to Buy scheme has enabled 5,000 personnel to buy their home. We want to double that to 10,000 homes for heroes over the next 12 months.

[Ian Austin (Dudley North) (Lab)]

Sensible people out there will think the world has gone mad if the Government allow companies controlled by the Chinese Government, and which helped to develop their nuclear weapons, to take a large stake in Britain’s nuclear power industry. The shadow Secretary of State was completely right to raise this matter. Will the Secretary of State tell us what assessment his Department has made of the risks and national security considerations of giving a communist dictatorship such a huge role in such a critical part of Britain’s national infrastructure?