Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Defence:
To ask His Majesty's Government, further to the remarks by The Earl of Minto on 21 March (HL Deb col 314), whether consideration will be given to making emergency financial redress payments to LGBT veterans who (1) have terminal illnesses, and (2) are over 65 and in serious and immediate financial hardship.
Answered by Earl of Minto - Shadow Minister (Defence)
Given the complexities of creating the scheme, the Government cannot yet confirm the details, the expected number of claimants, nor the likely size of awards. Defence is considering the needs of the cohort throughout its development and is looking to include escalation routes for certain situations, including those who have terminal illnesses. The Government will continue to engage with LGBT veterans as plans for the financial award progress and is committed to providing information and updates as soon as possible.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Defence:
To ask His Majesty's Government, further to the remarks by Baroness Goldie on 17 October 2022 (HL Deb col 953), what progress they have made in implementing the provisions in Part 12 of the Police, Crime, Sentencing and Courts Act 2022 to enable those convicted of historical homosexual offences repealed by the Act to be pardoned.
Answered by Baroness Goldie - Shadow Minister (Defence)
In addition to assisting with applications for a ‘disregard of Service convictions relating to sexuality’ from the Home Office under the current Disregards and Pardons scheme, Defence has been working proactively to establish new processes which will come into effect once the scheme is expanded; this is now expected in the coming spring months.
It will always remain deeply regrettable that historically, valued Defence personnel were treated less favourably due to their sexuality. Discrimination of any kind is unacceptable.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Defence:
To ask His Majesty's Government, further to the Written Answer by Baroness Goldie on 25 October (HL2691), what steps they are taking to provide compensation for pension losses caused to members of the armed forces who were discharged or dismissed solely on grounds of sexual orientation before 2000, and who would otherwise have been able to serve until reaching their immediate pension point or to the point of full career retirement.
Answered by Baroness Goldie - Shadow Minister (Defence)
As defined within primary legislation, Armed Forces pension awards reflect the actual time served. In 2000, a member would have served 16 years as an Officer or 22 years as an Other Rank to qualify for the immediate payment of a pension on discharge, and those who served at least two years would be entitled to receive a deferred pension, payable at age 60 for service between 1975 and April 2006. Circumstances of dismissal relate to terms and conditions of employment and not the provisions of the Armed Forces Pension Schemes, meaning that Service personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights.
In the early 2000's, the Ministry of Defence settled a number of claims from former members of the Armed Forces who had been dismissed for being LGBTQ. The compensation awarded to claimants consisted of damages for loss of earnings, loss of pension and injury to feelings. These claims were reported in the national press at the time of settlement. However, upon completion of the Lord Etherton PC Kt QC independent review into the impact of Defence's historic policy on homosexuality, the Government will carefully consider the recommendations and decide what action to take.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Defence:
To ask His Majesty's Government, further to the remarks by Baroness Goldie on 17 October (HL Deb col 952), how many service personnel discharged or dismissed before 2000 for homosexual conduct that was legal in civilian life forfeited their full pension rights; and what plans they have to restore their full rights.
Answered by Baroness Goldie - Shadow Minister (Defence)
Defence recognises and accepts that the policy that homosexuality was incompatible with Service life was unacceptable and that its LGBT+ veteran community suffered as a consequence. As part of the Veterans’ Strategy Action Plan 2022-2024, the Ministry of Defence (MOD) and the Office for Veterans’ Affairs (part of the Cabinet Office) co-commissioned Lord Etherton PC Kt QC to chair an independent review into the impact of this policy. Once completed, Lord Etherton will send a report containing his recommendations to the Chancellor of the Duchy of Lancaster and The Secretary of State for Defence. The Government will then decide what action to take.
The MOD is not aware of any instances in which the accrued right to a pension has been forfeited because of the member’s sexual orientation; Service personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights. There are no provisions of the Armed Forces Pension Scheme which are discriminatory on the basis of a member’s sexuality. Accordingly, it is not possible in law to amend the scheme rules so that they have retrospective effect. As there is no existing discretion in the Armed Forces pension rules to retrospectively deem pensionable service to have been given in order to provide for additional pension entitlement, they are not an appropriate vehicle for financial compensation.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty's Government what plans they have to make posthumous pardons available under the Policing and Crime Act 2017 to armed forces personnel convicted of sexual offences that have now been abolished.
Answered by Baroness Goldie - Shadow Minister (Defence)
Primary legislation will be required in order to add to the list of Service disciplinary offences set out in the Policing and Crime Act 2017. We will continue to consider finding Parliamentary time for this.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty's Government when they will fulfil their commitment to make posthumous pardons available to former army personnel convicted of crimes involving homosexual conduct under laws that have since been repealed.
Answered by Earl Howe - Shadow Deputy Leader of the House of Lords
I refer my noble Friend to the answer I gave on 19 January 2017 to Question number HL4522. Primary legislation will be needed to add to the list of Service disciplinary offences set out in the Policing and Crime Act 2017, and we continue to explore how that can be effected.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty's Government, further to the reply by Earl Howe on 25 October, what is their definition of state actor in relation to security issues; and why they use this term.
Answered by Earl Howe - Shadow Deputy Leader of the House of Lords
In the context of my response to Lord Tebbit in the Chamber on 25 October 2017 (Official Report, column 931), I used the term 'state actors' to mean members or former members of the security forces.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Defence:
Her Majesty's Government how many postal votes were submitted by members of the armed forces abroad at (1) the 2016 EU referendum, and (2) the 2017 general election.
Answered by Earl Howe - Shadow Deputy Leader of the House of Lords
In April 2016 (the nearest available data point to the 2016 EU Referendum) there were 10,500 Service personnel stationed overseas and in April 2017 (the closest data point to the 2017 General Election) there were 9,200. However, the Ministry of Defence (MOD) does not hold information to indicate the numbers or percentage of these personnel who were registered to vote or who actually voted. With regard to postal votes, the MOD does not hold data which would give an accurate analysis of the number of ballot papers submitted by Service personnel, as the voter packs processed by the Department also include the dependents of Service personnel, MOD civilian personnel based abroad and the dependents of civilian personnel. In addition, some personnel may have chosen alternative methods of returning their ballot papers.
Registration is a personal matter and personnel are free to decide whether, where and how they register to vote. The MOD works closely with the Electoral Commission to promote awareness among its people of the importance of registering to vote and of the options for doing so. Voter registration campaigns are run yearly within the MOD and the Department has seen a steady rise in the number of Armed Forces personnel who have declared they have registered. The latest version of the Armed Forces Continuous Attitude Survey (AFCAS, 2017) indicates that 96 per cent of Officers and 81 per cent of Other Ranks who completed the AFCAS were registered to vote. Table B22.1 of the AFCAS provides figures on voter registration by Service and by year from 2013. The Surveys can be found on the Government website: https://www.gov.uk/government/collections/armed-forces-continuous-attitude-survey-index
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Defence:
Her Majesty's Government how many members of the armed forces were stationed abroad (1) on the date of the 2016 EU referendum, and (2) on the date of the 2017 general election.
Answered by Earl Howe - Shadow Deputy Leader of the House of Lords
In April 2016 (the nearest available data point to the 2016 EU Referendum) there were 10,500 Service personnel stationed overseas and in April 2017 (the closest data point to the 2017 General Election) there were 9,200. However, the Ministry of Defence (MOD) does not hold information to indicate the numbers or percentage of these personnel who were registered to vote or who actually voted. With regard to postal votes, the MOD does not hold data which would give an accurate analysis of the number of ballot papers submitted by Service personnel, as the voter packs processed by the Department also include the dependents of Service personnel, MOD civilian personnel based abroad and the dependents of civilian personnel. In addition, some personnel may have chosen alternative methods of returning their ballot papers.
Registration is a personal matter and personnel are free to decide whether, where and how they register to vote. The MOD works closely with the Electoral Commission to promote awareness among its people of the importance of registering to vote and of the options for doing so. Voter registration campaigns are run yearly within the MOD and the Department has seen a steady rise in the number of Armed Forces personnel who have declared they have registered. The latest version of the Armed Forces Continuous Attitude Survey (AFCAS, 2017) indicates that 96 per cent of Officers and 81 per cent of Other Ranks who completed the AFCAS were registered to vote. Table B22.1 of the AFCAS provides figures on voter registration by Service and by year from 2013. The Surveys can be found on the Government website: https://www.gov.uk/government/collections/armed-forces-continuous-attitude-survey-index
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Ministry of Defence:
Her Majesty's Government what is their estimate of the number of members of the armed forces posted abroad who (1) register to vote, and (2) cast their votes in elections and referendums.
Answered by Earl Howe - Shadow Deputy Leader of the House of Lords
In April 2016 (the nearest available data point to the 2016 EU Referendum) there were 10,500 Service personnel stationed overseas and in April 2017 (the closest data point to the 2017 General Election) there were 9,200. However, the Ministry of Defence (MOD) does not hold information to indicate the numbers or percentage of these personnel who were registered to vote or who actually voted. With regard to postal votes, the MOD does not hold data which would give an accurate analysis of the number of ballot papers submitted by Service personnel, as the voter packs processed by the Department also include the dependents of Service personnel, MOD civilian personnel based abroad and the dependents of civilian personnel. In addition, some personnel may have chosen alternative methods of returning their ballot papers.
Registration is a personal matter and personnel are free to decide whether, where and how they register to vote. The MOD works closely with the Electoral Commission to promote awareness among its people of the importance of registering to vote and of the options for doing so. Voter registration campaigns are run yearly within the MOD and the Department has seen a steady rise in the number of Armed Forces personnel who have declared they have registered. The latest version of the Armed Forces Continuous Attitude Survey (AFCAS, 2017) indicates that 96 per cent of Officers and 81 per cent of Other Ranks who completed the AFCAS were registered to vote. Table B22.1 of the AFCAS provides figures on voter registration by Service and by year from 2013. The Surveys can be found on the Government website: https://www.gov.uk/government/collections/armed-forces-continuous-attitude-survey-index