Oral Answers to Questions

Debate between Lord Lancaster of Kimbolton and Bob Stewart

Monday 21st October 2019 Commons Chamber

[Mark Lancaster]

I think we are doing a lot, actually. As I said, we need only look at this year, where all the signs are very positive. The real challenge we have faced recently has been in the other ranks in the Army. Officer entry is full, and the Army reserve is growing. The target for other ranks in the Army is 9,404. We have already achieved 70% of that target in the first six months. The second we get to 80%, Army numbers, assuming that outflow remains constant, will remain the same and will not fall. In every single other rank where we manage to recruit over 80%, that will mean an increase in Army numbers. Within the first six months, we have already achieved 70%, so we have 10% more to do within the next six months to maintain numbers, and everyone after that will represent an increase in Army numbers.

[Bob Stewart (Beckenham) (Con)]

What progress has the Army made towards getting female soldiers into frontline units such as rifle platoons in an infantry battalion?

Battle of Arnhem: 75th Anniversary

Debate between Lord Lancaster of Kimbolton and Bob Stewart

Monday 14th October 2019 Commons Chamber

[Mark Lancaster]

My hon. Friend makes the very powerful point that for many this was not a one-off operation, but the culmination of what had been an incredibly long and tough war. By the standards of today we can only begin to think about the mental impact on so many of those who had served for such a long period of time. We deal with exactly the same mental health issues today, but I hope we are in a much better position to be able to support our veterans today.

Even though Operation Market Garden proved a “bridge too far”, there is a third reason why it has passed into legend: it earned the UK the admiration of its allies. It set the stage for an unparalleled example of international partnerships as British forces worked hand in glove with their Polish and US counterparts. I absolutely agree with the hon. Member for Ealing North (Stephen Pound) about highlighting the role that the Polish armed forces played in this operation. Even today, as we continue to have a UK battle group as part of the enhanced forward presence in Poland, that relationship continues.

Eisenhower wrote:

“In this war there has been no single performance by any unit that has more greatly inspired me or more highly excited my admiration, than the nine days action of your division between 17 and 26 September”.

The hon. and gallant Member for Barnsley Central also highlighted the most poignant legacy of the friendships forged during those times. That can be found in the Netherlands, where local “flower children” gather each year, laying bouquets of flowers at more than 1,500 graves at Oosterbeek cemetery. He did not say, however, that in 1969, 25 years after Arnhem, some suggested that the ceremony should be cancelled. So vociferously was the proposal rejected that it continues unabated today.

[Bob Stewart]

The hon. and gallant Member for Barnsley Central (Dan Jarvis) will agree with me on this point. Outside the Airborne Museum Hartenstein is probably the most poignant memorial of them all: a stone that thanks the people of Arnhem for their heroism and gallantry in looking after the people who were badly wounded, at great risk to themselves. That memorial was the one that really hit me hard.

[Mark Lancaster]

My hon. and gallant Friend makes an incredibly important point. Indeed, this is about the contribution of so many who were involved in that operation on that day, both military and civilian, and because of that partnership we see that relationship continue today, as we have highlighted.

Despite the appalling deprivations suffered during that battle and after, the Dutch continue to see those British personnel as their liberators. They still talk in the Netherlands of the “Arnhem spirit”. It is no wonder that in the midst of last month’s commemorations, citizens from across the Netherlands made a pilgrimage to Arnhem and swelled the city centre.

Given the significance of Operation Market Garden, it was only right that the British Army played a prominent part in working with Dutch municipalities to mark the offensive, whether that was at Oosterbeek war cemetery, Ginkel Heath, one of the drop zones used during Operation Market Garden, or at the Airborneplein monument, where the 2nd Parachute Battalion held firm for three days and four nights, isolated and alone, under incessant enemy attack. Among the many highlights was a parachute drop performed in the presence of the Prince of Wales, featuring 1,500 British, Dutch, French, Belgian, German, Italian, Polish and US paratroopers. Among those descending into the drop zone, in tandem with a Red Devil, was Aberdeen’s Sandy Cortmann, just 75 years after his original descent, at a mere 97 years young—a testament to the boundless drive and energy of that remarkable wartime generation.

Yet this was not just an exercise in nostalgia. The descent was also the culmination of Exercise Falcon Leap, hosted by the Royal Netherlands Army, to train NATO airborne forces in planning and executing an airborne operation together. Many of the paratroopers used another country’s equipment and aircraft to earn that nation’s parachute wings. Significantly, the Royal Netherlands Army is part of our Joint Expeditionary Force of like-minded nations. Our historical closeness is strengthened by modern ties, proving in a more dangerous world that Britain will have the skills and the allies that give us the edge over our adversaries.

War Pensions: Appeals Process

Debate between Lord Lancaster of Kimbolton and Bob Stewart

Wednesday 13th March 2019 Commons Chamber

[The Minister for the Armed Forces (Mark Lancaster)]

I start by congratulating the hon. Member for Ellesmere Port and Neston (Justin Madders) on securing this evening’s debate on this very important subject. At the outset, I should pay tribute to all members of our armed forces, in whichever service they serve in, for their bravery and commitment to protecting the values and freedoms that we are so fortunate to enjoy in this country. I am sure that the House will agree that both they, and those who served before them, are deserving of an enduring debt of gratitude by the nation. That is precisely why debates such as this are so important and why, as I said, I congratulate the hon. Gentleman for his persistence in this case.

The Government’s concern for servicemen and women does not end when they leave Her Majesty’s armed forces. In the context of this debate, we are determined to ensure that, where they have been injured, they have speedy, fair and transparent access to pension and compensation rights. The hon. Gentleman rightly raises the case of his constituent, Mr Cottrell. He also rightly highlights that this has been the subject of extensive ministerial correspondence now over some four years, Indeed, I was the Minister’s predecessor, so some of the correspondence has been with me. Therefore, I am only too well aware of that case.

The hon. Gentleman goes into enormous detail of the case, and much of that has been dealt with in the detailed correspondence that we have had. For the purpose of the debate this evening, it would not be in the House’s interest for me to go through all of that detail, not least because I do not have time. There is a wider point here about how this process works. What I would like to do—I will come back in some detail later—is to touch on some misunderstandings about how this process works, or is seen to work. Crucially, I hope also to touch on how we are looking at improving this process so that, hopefully, cases such as this will be more transparent and will not go through the long-winded process that we have seen.

The tribunal was created in 2008 as part of the unified tribunal system, which was established at that time under the Tribunals, Courts and Enforcement Act 2007. Formerly, it was dealt with by the pensions appeal tribunal. There are separate tribunals for veterans in Scotland and Northern Ireland, but United Kingdom law applies throughout. I will come back to the separation of process, because that is one area where we can improve.

As the tribunal service is part of the Ministry of Justice, I stress that any decisions reached at appeal are wholly independent of any decisions that may have been reached by the Ministry of Defence. The first-tier tribunal has jurisdiction to hear appeals from veterans who are unhappy with a decision reached by Veterans UK, the organisation that receives claims from service personnel under the compensation schemes that it administers. Veterans UK administers two schemes: the war pension scheme, which deals with injuries sustained or aggravated by service in Her Majesty’s armed forces prior to 6 April 2005; and the armed forces compensation scheme, which deals with injuries sustained in service on or after 6 April 2005.

The tribunal appeals process is determined by the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008. I will explain how the process works. A claim is made by the claimant to my officials within Veterans UK. We have heard about that. They assess the merits of the claim and reach a decision based on service and medical records and external medical evidence from the claimant’s general practitioner and hospital consultants, as appropriate. A claim may typically be for a disabling injury or battle stress psychological disorders. If Veterans UK does not allow the claim, the claimant can seek a review of that decision. In the case of a claim under the armed forces compensation scheme, that is called a reconsideration. If the decision remains the same on review, the claimant may appeal to the first-tier tribunal, but they must do that within one year of receiving written notice of the Veterans UK decision. In the case of claims under the armed forces compensation scheme where a reconsideration has not been requested, that will none the less be carried out as part of the appeals process.

Following an appeal against a decision being made to my officials within Veterans UK, it prepares what is known as a response document. That document includes all the evidence upon which the decision under appeal was based, along with any relevant medical and legislative information. A copy of that is sent to the tribunal service, the appellant and their representative at the tribunal. Once that has been received by the tribunal service, it begins the process of listing the hearing at a venue as close to the appellant’s home as possible.

The appeal to the tribunal is a full-merits hearing, which means that it is a complete reappraisal of the case. The appellant can bring evidence and witnesses to the tribunal and the panel is made up of a judge, a medical member and a service member. The panel ensures that proceedings are balanced and inquisitorial in their approach. Tribunals are less formal than court environments and every effort is made by the panel to assist appellants in putting their case. Sometimes appellants are helped by members of various support groups and charities such as the Royal British Legion, the Royal Air Forces Association, Combat Stress, Blesma: the Limbless Veterans, the National Gulf Veterans and Families Association and UK armed forces charities.

[Bob Stewart]

I thank the Minister for giving way, and I thank the hon. Member for Ellesmere Port and Neston (Justin Madders) for securing this debate. I make the point to the House that one of the things that Mr Cottrell might or might not have done is lean on his friends in the Ellesmere Port company. There is a Cheshire Regiment old boy network there, and that is very important. If the hon. Gentleman would like to give me more details—I seem to remember a Cottrell serving with me in Bosnia—I will make sure that there is a connection.

[Mark Lancaster]

My hon. Friend makes an important point: while there is very much a process—this goes very much to the heart of our armed forces and how we operate—the wider support mechanism through the regimental associations that he describes can also offer significant assistance to our veterans, particularly when they have to go through what can be a fairly challenging and difficult process. I hope the hon. Member for Ellesmere Port and Neston will follow my hon. Friend’s advice and do that.

Let me return briefly to the tribunal process. A decision of the first-tier tribunal can be appealed to the administrative appeals chamber, or the upper tribunal, if it appears that there may have been an error of law. England, Wales and Northern Ireland are the only parts of the United Kingdom where appellants in these cases must lodge their appeal with Veterans UK rather than the tribunal itself. Indeed, it is unique in this regard in the unified tribunals system. I appreciate the concerns of many stakeholders in this area of law, expressed over several years, that this inconsistency is undesirable. Indeed, the complexity of the process seems to have made a contribution to the hon. Gentleman’s constituent’s case. It has been suggested that the fact that Veterans UK is part of the MOD means that there is a lack of independent assessment of claims. However, the Government are satisfied that Veterans UK is scrupulous in assessing veterans’ claims. While it is accepted that there can sometimes be a delay in the sending of appeals documentation from Veterans UK to the first-tier tribunal, this is an inherent risk in any system in which there are separate tiers of administration.

The process in Scotland is quite different. There, appeals are sent by veterans directly to the tribunal. This is known as direct lodgement. The Government agree that direct lodgement should also apply in England and Wales, although for this to happen there would first need to be changes to the tribunal’s procedure rules, which are made by the independent Tribunal Procedure Committee. Subject to the necessary changes being put in place by the committee, the Ministry of Justice intends to introduce direct lodgement as part of an ambitious programme of court and tribunal reform in which it is investing about £1 billion, and which is already under way. The aim is to introduce direct lodgement for veterans’ pension and compensation appeals in England and Wales next year—in 2020—if we can, but because of other work ahead of it in the reform programme, I cannot give the House the firm assurance that that will happen.

I would like to draw the House’s attention to the vital role played by my officials within the Veterans Welfare Service. They can and do assist our veterans in submitting compensation claims, and provide advice about how to submit an appeal should they be unhappy with a decision reached about their compensation entitlement. In addition to this, the welfare service can provide help and advice on a much wider range of issues, including access to charitable assistance, housing and entitlements to benefits from the Department for Work and Pensions.

The hon. Gentleman is absolutely right to draw the House’s attention to the challenges that his constituent has met while going through this process. While the principal substance of his appeal was dismissed, there has been an apology for some of the handling of his case. I hope that I have taken this opportunity to outline to the House how we are looking at ways of making this process better and more fit for purpose in future.

Question put and agreed to.

Oral Answers to Questions

Debate between Lord Lancaster of Kimbolton and Bob Stewart

Monday 10th July 2017 Commons Chamber

[Mark Lancaster]

Armed Forces Day has become quite a success, so I am disappointed to hear what the hon. Gentleman says. I visited Bangor in Northern Ireland and my colleagues have visited other places in the United Kingdom. The Armed Forces Day centring on Liverpool this year was a particular success. However, I am concerned by what he says and would like to think that all our units, whether Army Reserve units, Regular units or cadet forces, will do whatever they can to support Armed Forces Day. I will certainly look into what he has said.

[Bob Stewart (Beckenham) (Con)]

Does the Minister agree that a crucial criterion when considering dismissing or abandoning reserve centres is to ensure that our reserve centres are as close as possible to the reserve soldiers who will man them, so that they do not have to travel far?

[Mark Lancaster]

Of course, our reserves have become very much a success over recent years. Over the last year, some 5,000 extra reserves were recruited—an increase of some 5% on the Army Reserve of 2016. One of the great challenges we face is to ensure that the footprint is equal across the country. That is why the Army Reserve Refine piece of work that is going on is so important. One of the principal aims is to ensure that the footprint is even across the country.