Defence Spending

Debate between Lord Lancaster of Kimbolton and Lord Beamish

Tuesday 16th July 2019 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Betts. I congratulate my hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan) on introducing the debate. There can be few in Parliament so passionate about the armed forces and I am not surprised that it is she who called the debate. It has been highly constructive and has demonstrated a gratifying commitment to the defence sector on both sides of the House. We should start on a note of agreement: clearly everyone in the Chamber wants the defence budget to continue to rise, and that is gratifying. It is tempting to pick up on another point where we all agree—that it is the Treasury that is the enemy; but I cannot possibly say that. With a reshuffle coming next week, I do not want to limit my options too far. They are already pretty narrow, so let us not go further.

[Mr Kevan Jones]

DEFRA beckons.

[Mark Lancaster]

I doubt it.

As has been said, the first duty of any Government is the safety and security of the British people at home and abroad. I am proud that the Government have delivered on their NATO pledge to spend at least 2% of GDP on defence. They will be spending more than £186 billion on equipment and equipment support between 2018 and 2028. Aside from ensuring that our armed forces have the latest and best capability, our investment of around £19 billion a year underpins a world- class British industry, providing direct employment for 115,000 people and nearly 400,000 more across the wider supply chains. That substantial and sustained investment is not only vital to our national capability and prosperity and to supporting economic growth. It is also vital to our ability to counter the rising threats that menace us and all NATO members, including a resurgent and increasingly assertive Russia, and extremist terrorism across the world.

This year NATO celebrates 70 years as the foundation of our mutual security. The UK is one of very few NATO members that meet both their core spending guidelines by spending 2% of GDP on defence, of which 20% goes on major equipment and associated research and development. Defence spending in many NATO states is still too low, and although our allies are making progress on burden sharing, they must do more. The increase mirrors rising defence spending across the world, which makes it vital that the UK maintains its position as a leading player on the world stage.

The upcoming spending review is an opportunity to reprioritise our national investments across defence, ensuring that we can meet whatever the future may throw at us in an era of intensifying threats. The Department has done a great deal to drive out inefficiencies in defence, and there is more to be done, but we must also invest in new capabilities and in transforming the way defence operates, so that we can continue to defend the UK and project our influence.

First, we must mobilise defence to meet rising threats. The international situation is darkening. The rules-based order that has kept the peace for so long is under constant pressure and the external threats that confront us increasingly come from multiple directions. Despite the coalition’s success in degrading the power of Daesh, the threat of terrorism is still with us, while malign cyber-warfare and proxy warfare are rapidly changing the face of conflict. The nation’s approach to future spending decisions must reflect those new realities.

Secondly, we have to modernise and innovate—to embrace new technologies to ensure we have a competitive edge over our adversaries and to identify opportunities to sustainably reduce our cost base, which will require some up-front investment. The Department is investing about £800 million through the defence innovation fund to keep us ahead of the curve, and ring-fencing £160 million of its budget this year for the new transformation fund. Thirdly, on efficiencies, defence has to transform the way it does business by liberating new industry thinking and tackling the behaviours and practices that have racked up excessive costs in the past. That means tackling the mindset of short-term decision making that leads to poor value for money. We must invest in technology now for long-term savings.

I want to answer a couple of points raised in the debate. The MOD does not collate defence expenditure figures for regions, but the average spend per person in the UK was £290 in 2017-18, and the MOD spends some £19 billion a year supporting 115,000 jobs. That means that one in every 220 jobs in the UK is in defence. On the accusation that there have been cuts under the present Government, since 2014 defence spending has increased year on year and we now spend £39 billion—rising to £40 billion by 2020. [Interruption.] I would also say to the right hon. Member for North Durham (Mr Jones), having served in Afghanistan in 2006, that the sort of commitment that we had, with so many of our troops serving on operations overseas in Iraq and Afghanistan, made for an environment very different from today’s. With the different threats we face at any one time, it is sometimes difficult to compare like with like. Our relationship with strategic suppliers in the UK defence and security sector is vital. The armed forces support an industrial base in the UK providing employment to about half a million people.

I was delighted that many Members raised the issue of mental health in the debate. In the autumn Budget the Chancellor announced £10 million to support veterans’ mental health and wellbeing needs, and in January the armed forces covenant fund opened a £3 million funding programme to fund innovations and improvements to veterans’ community centres. We are considering investing more in veterans’ mental health. Accommodation is another key issue for many service personnel. We are looking closely at the new accommodation model, which is aimed at giving choice to service personnel. Equally, on pay, the Armed Forces Pay Review Body has recently presented its latest findings, to which the Government will respond in due course.

I end on a note of consensus again. I am delighted that in this Chamber at least we are committed to armed forces personnel, and to a rising defence budget.

Oral Answers to Questions

Debate between Lord Lancaster of Kimbolton and Lord Beamish

Monday 18th February 2019 Commons Chamber

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

15. What steps he has taken to promote UK prosperity in his Department’s procurement decisions.

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

Since 2015, we have published a national shipbuilding strategy, refreshed defence industrial policy to help strengthen UK competitiveness and launched the future combat air strategy. We engage with global primes to create opportunities for all tiers of the UK supply chain.

[Mr Jones]

In the light of the Ministry of Defence decision to open up the procurement process for the fleet solid support ships to international competition, will the Minister explain what weighting will be placed on national prosperity in awarding those contracts?

[Mark Lancaster]

The one thing we are clear about is that we are constrained in that process because the fleet solid support ships are not warships; they are not frigates, destroyers or indeed aircraft carriers. However, I can reassure the right hon. Gentleman that that competition will be judged not solely on price but also on various other factors, and I am delighted that a UK consortium will be bidding.

Oral Answers to Questions

Debate between Lord Lancaster of Kimbolton and Lord Beamish

Monday 14th January 2019 Commons Chamber

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

T7. Tomorrow afternoon, the funeral takes place of Acting Corporal Iain Dodds, formerly of the Royal Electrical and Mechanical Engineers. His family are obviously grieving. He died, very tragically, before Christmas, at the age of 39, following years of adjusting having left the service after serving in both Iraq and Afghanistan. May I put on the record my thanks to the Minister for the Armed Forces for helping the family with the funeral arrangements?

[Mark Lancaster]

I am very grateful to the right hon. Gentleman for his acknowledgment. In cases like this, it is absolutely right that collectively across the House we should act in the way we have. I am delighted that we have managed to put things in place to help the family.

Oral Answers to Questions

Debate between Lord Lancaster of Kimbolton and Lord Beamish

Monday 15th January 2018 Commons Chamber

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

My hon. Friend is a champion for the cadets. With more than 800 cadets and 125 adult volunteers in 20 detachments, the Hereford and Worcester Army Cadet Force demonstrates how the cadet experience provides opportunities for young people to develop self-discipline and resilience. I started my military career in the cadets, I am a great fan of the cadets, and we certainly continue to support the cadet expansion programme.

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

T7. The national shipbuilding strategy states that overseas nations will order 40 Type 31 frigates. It is nearly 40 years since we last successfully exported any frigates, so will the Minister explain how that figure was arrived at? Is there any fact behind it, or is it just optimistic spin?

Armed Forces Pay

Debate between Lord Lancaster of Kimbolton and Lord Beamish

Wednesday 1st November 2017 Commons Chamber

[Mark Lancaster]

I will move on in a moment to that very question. I would add that many of us also sat through Prime Minister’s questions, and I would simply refer the hon. Lady to the very powerful argument that the Prime Minister made in response to the question from my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) on the very subject she has raised.

The second point this motion ignores is the impact of pay progression. Officers and other ranks are tied to incremental pay scales, and they routinely and regularly move up the bands. The hon. Member for Llanelli (Nia Griffith) talked about privates. The average private soldier starts on a salary of £18,673. After one year, through incremental pay alone—not including the 1% pay increase—that rises to £20,029, which is an increase of 7.26% in one year. After three years, the salary rises to £21,614, which is an increase of 15.8%, not including the 3% increase that would have been given. That is an increase in pay of almost 20% over the three years.

[Mr Kevan Jones]

I think that the hon. Gentleman is being completely disingenuous—

[Mr Jones]

The Minister is wrong. The point is that, in any job, people get a pay increase because they are being trained and their ability to serve increases as that goes on. The fact is that the yearly increases my hon. Friend the Member for Llanelli (Nia Griffith) mentioned affect a private’s pay because they affect the levels of the bands and the percentages. He cannot argue that, just because somebody gets pay progression, not giving them an increase in their basic pay every year will not affect their ultimate pay. Of course it will.

[Mark Lancaster]

I am slightly worried about the hon. Gentleman’s approach. We have actually been great friends in this House for many years, so I am somewhat surprised that he called me disingenuous. I am sure that I will get my revenge at some point. As somebody who continues, after 29 years, to serve in the armed forces, I would like to think that accusing me of all people of being disingenuous when it comes to the armed forces is slightly unfair. I like to think that I have done my bit.

At the end of the day, I do not think that a private soldier receiving £18,673 in their pocket on day one—admittedly before tax—and then receiving £21,614 after three years will care too much whether that is due to pay progression or annual increases; it is money in their pockets.

--- Later in debate ---

[Mr Kevan Jones]

It’s less.

[Mark Lancaster]

Here we go: the hon. Gentleman says—perhaps this is testimony to Labour mathematics—that £21,614 is less than £18,673. [Interruption.]

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[Mark Lancaster]

I am a very agreeable chap, but this is yet more speculation from The Times. No decision at all has been made to scrap the operational allowance. Every year since the operational allowance was introduced 12 years ago, there has been a review of where it should and should not apply. Soldiers have not been told that they will not receive it when they go to Iraq. I am deeply proud that this Government have doubled the operational allowance from £14 to £29. Finally—to get the last word, for the time being at least, with the hon. Member for North Durham (Mr Jones)—none of those figures takes into account the substantial rise in the personal tax allowance introduced while this Government have been in power.

[Mr Kevan Jones]

Will the Minister give way?

[Mark Lancaster]

I will not give way at the moment—I am taking my revenge—but I am sure he will get another chance.

Despite fiscal constraint, salaries in the armed forces throughout this period have not stagnated. Indeed, they have actually risen on average by 1.5%. What is more, the MOD has the option of introducing targeted payments where there are particular recruiting and retention issues. These payments can range from time-limited financial incentives through to longer-term recruitment and retention payments that recognise the particular challenges we face in retaining certain specialisms, such as military pilots or submariners.

That brings me to the third aspect of the pay story, which has been conveniently glossed over. Joining our forces comes with a range of often unacknowledged additional benefits: a non-contributory pension scheme, subsidised accommodation and food, access to free medical and dental care, and allowances packages—I have just mentioned one of them—towards additional costs. It is therefore unsurprising that pay is neither the primary reason why people enter the service, nor the primary reason why they leave.

Armed Forces Bill

Debate between Lord Lancaster of Kimbolton and Lord Beamish

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.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

[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.

--- Later in debate ---

[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.

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[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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[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.

Defence Reform

Debate between Lord Lancaster of Kimbolton and Lord Beamish

Tuesday 26th June 2012 Commons Chamber

[Mr Jones]

Let me read what the NAO report says—for the third time:

“The size of the gap is highly sensitive to the budget growth assumptions used. If the Defence budget remained constant in real terms, and using the Department’s forecast for defence inflation of 2.7 per cent, the gap would now be £6 billion.”

The figure of £36 billion is reached only if flat cash over 10 years is included. Ministers said that the £38 billion figure is over 10 years—that is not the impression they have been giving to the media, the armed forces and the public. Instead, they have been suggesting that we somehow have to lay our hands instantly on £38 billion. As my right hon. Friend the Member for Coventry North East said, the idea that that figure can be wiped out in two years is an accounting fantasy.

[Mark Lancaster (Milton Keynes North) (Con)]

Listening to this debate, the one thing that is clear and that the hon. Gentleman accepts is that there is a gap, be it £6 billion or £38 billion. Given that there is a gap, why did the last Government not balance the budget?

[Mr Jones]

We were on line in that regard. One of the jobs that my right hon. Friend the Member for Coventry North East gave me when he was Secretary of State—it was something of a poisoned chalice—was to draw up some reductions. Just before the general election, I had already identified some £1.2 billion of savings, but some of that involved investing money in order to save it. The problem at the moment is that the Treasury want instant cash out of the budget, and the only way to do that is to slash personnel and equipment straight away. The more sensible approach that we were going to implement was a planned phase of three to five years, involving some investment and some reductions. That is in stark contrast to the Government’s approach. What is driving this process is not defence strategy but the desire of this Government and the Treasury to take 8% out of the budget in years one and two. That has led to the short-termism we are seeing now.

Armed Forces Bill

Debate between Lord Lancaster of Kimbolton and Lord Beamish

Monday 10th January 2011 Commons Chamber

[Mark Lancaster]

I would have to consider that matter in detail. I suggest to the hon. Gentleman that perhaps he should volunteer to sit on the Committee—I certainly will do so—and we can then explore the issue in greater detail. That is probably a sensible way forward, and it will be interesting to see whether he volunteers to do that.

Clause 2 deals with the military covenant and that matter has already been mentioned in the debate. The Royal British Legion—I am proud to be vice-president of the Olney branch—has raised concerns, and the Secretary of State has promised to consider them and, indeed, deal with them. It is perfectly reasonable to expect the role of the external reference group to continue in some form or another. That is something else I expect we can explore in Committee.

We have talked mainly about the three principal areas of health care, education and housing. In the previous Parliament, I was proud to serve on the Select Committee on Defence under the chairmanship of my right hon. Friend the Member for North East Hampshire (Mr Arbuthnot), when we looked at the issue of the education of service families. I am delighted that the Government have introduced some of our recommendations and we should continue to consider that matter. I am pleased that an annual report will be presented to Parliament. [Interruption.] When I referred to the Government, the former Veterans Minister, the hon. Member for North Durham (Mr Jones), said from a sedentary position that it was the previous Government. I am actually being apolitical and mean the government of the land.

There has been some concern that perhaps the Government’s commitment to the military covenant does not go far enough and that the relationship between the armed forces and the Government should be enshrined in black and white. My personal feeling is that it is not important what is in black and white for the lawyers to argue over; what is important is how the covenant has been interpreted by successive Governments. I shall give one example. After the introduction of joint personnel administration—the new payment computer system in the Army—there has been a problem with some junior ranks in the British Army being effectively overpaid for a number of months. That has amounted to a sizeable sum for some individuals. I do not think any fair-minded person would suggest that that money should not be paid back; it is an overpayment and we would all expect to pay it back. However, the true test of the covenant is how the money is paid back. It should not have to be paid back in a single lump sum in one pay cheque; those concerned should be allowed to pay the money back over time. That is just one example of how the application of the covenant, and not what appears in black and white, is important.

To be honest, soldiers are quite cynical about government. They feel that any covenant would always be interpreted in the Government’s favour. I hope that the Opposition will take that point in the spirit it is intended because it is simply an objective statement of fact.

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

Does the hon. Gentleman therefore agree that what is being put forward today is rather disappointing, especially in the light of the Green Paper that I produced in 2009, which set out not only what we had done in terms of the Command Paper, but how we could make what it referred to legally enforceable? Does he share my disappointment that the work and the response to that have not been brought forward in the Bill, so that the things put in place in the armed forces Command Paper would be legally enforceable?

[Mark Lancaster]

I do not, because the real test will be in the implementation. I have confidence that the Government will implement and uphold their end of the bargain, so I am afraid that I cannot agree with the hon. Gentleman. However, the proof of the pudding will be in the eating and only time will tell. Perhaps we can consider the matter again in one of our annual debates on the military covenant.

I was going to give one example of where soldiers are perhaps right to be slightly cynical. I fully supported the previous Government’s introduction of the operational allowance in October 2006. That was a good move, and it introduced a tax-free allowance of £2,240. However, it is worth remembering—I wish to make it clear that I think that this was more by cock-up than conspiracy—that at the same time the Government also cut the long-service separation allowance, meaning that a soldier on a six-month tour in Afghanistan lost £2,341. The Government gave with one hand and took away with the other, within the space of a month. When such moves happen, one can see why any soldier is entitled to be cynical of any Government. It is therefore very important that we see, over time, how the military covenant is improved.

As I said from the Opposition Benches shortly after I got back from my operational tour in Afghanistan, there has been a major improvement in personal kit over the past few years. I felt that when I was mobilised in 2006, the standard of personal kit that I was given then was far better than the kit I was given when I was mobilised in 1999 or 2001—so, once again, credit to the previous Government for that improvement, which I should like to continue under this Government in future years.

My other general point about the military covenant concerns rest and recuperation. I had personal experience of the problems of R and R on coming back from Afghanistan in 2006. Although I do not want to go into the details of the matter again—it was the subject of debate in this House for some time—I would like some reassurance from the Minister that the problems with the air bridge have been addressed. Clearly, we will always have trouble when we have to rely on airframes that are very old, but I have heard reports that unfortunately the problems experienced in 2006 are beginning to happen again. There have been calls for us to guarantee the two-week R and R period for soldiers in the middle of an operational tour. I do not support that for simple operational reasons. If a soldier were to lose a day at the beginning of his leave, a guarantee that he could come back from it a day later would make the whole manning plot for the commanding officer in theatre almost impossible. However, I would support a guarantee that if any R and R days are lost during an operational tour, they should be added to the post-tour leave. That is perfectly reasonable.

I was slightly disappointed that neither Front Bencher chose to mention the reserve forces. That is an oversight that I should like to correct, especially given that some 15% of soldiers mobilised on operations are from the reserve forces. Members of the reserve forces face some very specific problems when they are mobilised. Any mobilisation process starts at the reserves training and mobilisation centre in Chilwell. If I am lucky enough to be selected to serve on the Bill Committee, I would like to suggest that we visit that facility, which plays a very valuable role. Having been through it on three occasions, I must say that the standard of service that it provides in preparing reservists for mobilisation has improved significantly over recent years.

However, there can be major problems when a reservist returns home. Because, in general, they are mobilised as individual replacements, they lack the support that a regular soldier, sailor or airman has in coming back with a formed unit. I can give an example of a very unfortunate case from my own unit when a colour sergeant came back from mobilised service in Afghanistan. Because we are a specialist unit that does not meet for drill nights, there is no regular contact every Tuesday night where we can monitor colleagues who have recently returned, and we did not see much of him until one weekend when he was clearly not well. The effects of service in Afghanistan had clearly had a significant impact on him. I regret to say that that ended up with an incident in which he attempted to shoot a colleague with a weapon that he had brought back from Afghanistan, and he is now in prison. It was an awful incident. One wonders whether the same thing would have happened had that individual been serving with a regular unit and received the same levels of support that a regular soldier would have had.