Armed Forces Bill

Lord Ramsbotham Excerpts

Monday 10th October 2011 Lords Chamber

[Baroness Taylor of Bolton]

My Lords, perhaps I may say a few words about the government amendments that we have now seen and thank the Minister for his co-operation in listening to the voices of several Members of this House on all sides who raised the issue at Second Reading, in Committee and on Report. It has perhaps taken a little longer than we would have liked to have reached this position, which is very much a last-minute position, but very real progress has been made. Those of us who have been involved in the passage of the Bill will want to acknowledge and thank both Ministers and officials for the level of co-operation and the constructive outcome that we have.

I particularly mention Amendment 7, which is important in making it clear to those entitled to be covered by these provisions exactly what their positions are. They are named in different categories so no one who is entitled should have any doubt that the Armed Forces covenant will apply to them.

We have had a good level of co-operation. We have proved the usefulness of this House for those who have any doubt and I am sure that in another place these changes will be widely welcomed. I appreciate the work and co-operation on all sides of the House. We should all be very pleased with the conclusions and the final drafting that we have.

[Lord Ramsbotham]

My Lords, I first speak to Amendment 1, which is in my name as well as that of the noble and gallant Lord, Lord Craig. I repeat his thanks to the Minister and his officials and to the officials in this House who came in for some criticism the other day for possibly being slow over this matter.

In Committee and at Second Reading a number of us made comments about how the veterans part of this covenant would be overseen. I am enormously grateful for the way that the Government have moved and for the amendments now before us. However, thinking through how this might happen, I still think that in the years to come the Government may well find that they will have to have somebody outside the Ministry of Defence responsible for overseeing the delivery of the veterans part of the covenant. A number of us have suggested in the past that that would be better done by having a Minister for veteran affairs in the Cabinet Office. I suggest that whoever is given that appointment will also need someone like a commissioner responsible for the 24/7 oversight of the work being done for veterans in response to whatever is presented by the various Ministers in each of the annual reports.

[Lord Empey]

My Lords, I, too, speak to Amendments 5, 6 and 7. I, too, am grateful to the Minister for his attention to these matters. I recall when I first went to see him in July that his officials were somewhat sceptical about the need for some of these changes. But if these amendments are accepted, the Bill will leave the Chamber a better and stronger piece of legislation than when it came in. The military covenant is gradually being defined to the extent that it will mean things to people. I was anxious to avoid some potential political slip-ups in the future, particularly with regard to devolved regions, and to try to ensure a degree of compatibility and comparison in terms of the treatment available to people in different parts of the country so that over time we did not see disparities developing.

I thank the Minister for communicating with us and making himself and his officials available, which I think has contributed to the comments that have just been made. I believe that we can now move forward in a much stronger position with the concerns raised on all sides of the House addressed. I certainly will be supporting these amendments.

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[Baroness Finlay of Llandaff]

My Lords, I am most grateful to the Minister and officials for the time they have spent looking at all aspects of the Bill and the amendments we have just debated are most welcome. I now want to return to the question of including the operation of inquests in the annual report on the Armed Forces covenant. This would be incorporated into the new wording of the Bill.

It is important to consider that in this part of the Bill “service people” means,

“members of the regular forces and the reserve forces … members of British overseas territory forces who are subject to service law … former members of any of Her Majesty’s forces who are ordinarily resident in the United Kingdom … and relevant family members”.

I welcome the Minister’s comments that the report must be open and inclusive and I would hope that the operation of inquests could therefore also be included. The covenant report is to be about the effects of membership or former membership of the Armed Forces on service people. The reference group would steer and guide the detailed content of the report in relation to healthcare, education and housing and in such other fields as the Secretary of State may determine.

Why do we need the operation of inquests in the Bill? I suggest it is needed because the quality of civilian inquests is very variable and there is no office of chief coroner to address that. This amendment would complement such a post whenever it comes into being. Currently, the narrative verdict is used differently by different coroners and the information in the narrative verdict is not collated. However, it is important data, particularly in relation to former members of Her Majesty’s forces. For example, self-harming behaviours that are fatal may be linked to previous trauma. The long-term effects of emergency resuscitation techniques in the battlefield or from the use of equipment may as yet be unknown but they will emerge with time. Of course, many ex-service personnel die and there is no inquest—they die in civilian life and die of diseases like everybody else.

However, sometimes there is an inquest. I take asbestos as a specific example from history. The family of someone with mesothelioma may develop it from inhaling asbestos fragments that were on the clothing of the person exposed. As asbestos-related death has to be related to a coroner, such data were picked up. A current example that may be pertinent is those with Gulf War syndrome. I know that these personnel are being followed, but when they die, inquest data will become important.

The long-term sequelae of battlefield injuries may result in early deaths in civilian life. Cataloguing these can provide information for trauma management in future and the information will not be captured unless inquests into deaths of ex-service personnel are specifically catalogued. I am aware that many do not want to be followed up when they return to civilian life. They want to get on with their lives and put the past behind them. That makes health follow-up particularly difficult and is precisely why unnatural and untimely deaths, as would be referred to a civilian coroner, may represent the only point at which long-term sequelae of active service could be picked up.

I return to the operation of the inquests themselves. Those who die on active service are subject to support from the Defence Inquest Unit of the Ministry of Defence. It provides coroners in the civilian world with a summary of the incidents in which people have died on active service and suggests who to call as witnesses. The unit meets the pledge in the covenant to support the bereaved, but it is involved in the inquests only on those on active service, including those who die in training. Sadly, year on year, there are deaths in training; one man died very recently. The tragedy is that the number of deaths in training really does not seem to be falling year on year; it seems almost to be flat-lined.

The Armed Forces covenant document requires that help and support are given to the bereaved families, as is done by the Defence Inquest Unit, but it does not specifically state that the operation of inquests themselves will be monitored. Yet some bereaved report experiences at these inquests that were unexpected and deeply traumatic. The waiting time for inquests has only recently fallen and has not yet reached the target time of nine months. Bereaved families often feel unable to grieve properly awaiting the inquest, and my concern is that unless we maintain a spotlight on inquests themselves the timing may slip. In civilian life we know that some people are waiting up to seven years for an inquest.

Currently, the quarterly reports to Parliament are a very important catalogue of deaths, but the reports will cease when we are no longer in the theatres of war. The reference group for the report on the covenant will include the Royal British Legion, which has been very active in campaigning for a chief coroner. Despite all the discussions since the Public Bodies Bill, no development has obviated that need. To have the operation of inquests on the face of the Bill will complement such an office; it will not replace it.

This amendment will not incur expenditure; it will ensure joined-up government between the Ministry of Defence and the Ministry of Justice, the latter having responsibility for inquests. The report can incorporate the current quarterly reports on military deaths and any other reports that get laid before Parliament. But when the frequency goes down, it will ensure that military deaths continue to be monitored, reported and catalogued. It will ensure that there is a record of inquests held on those actively serving, respecting their memory, and will allow collation of deaths of those who died after leaving the forces and whose deaths, for whatever reason, were the subject of an inquest, thereby providing important epidemiological data in the long term.

These annual reports, as they are proposed and as I hope they become, will be a historic document of our forces’ health and welfare. I suggest that we must also record their sacrifices of life through active service. I beg to move.

[Lord Ramsbotham]

My Lords, I support my noble friend Lady Finlay in this amendment, having also supported her in the campaign to get the chief coroner into post as part of the Public Bodies Bill. She has already mentioned that. I mention this because it has been 149 years since the coroners legislation was last updated, and it is now not fit for purpose. Those constituents who are finding it so are the families of those armed servicemen who are killed overseas. They have to wait an inordinately long time now for the inquest. This adds to their distress and is the very antithesis of everything that the Armed Forces covenant is all about. Therefore I hope that by putting this in the Bill and having it included in the annual report on the covenant, we will put pressure on those who ought to see that the coroners regulations and way of operating is updated and made fit for purpose, particularly for our servicemen and their families.

[The Lord Bishop of Wakefield]

My Lords, I, too, support this amendment. Once again, I thank the Minister for all that he has done in helping us forward on the covenant. I have seen all too often in the see city of Wakefield recently the tragic sight of funerals at the cathedral of people who have lost their lives in Afghanistan. The clergy often finds itself at the sharp end of this, as it were, because it is trying to minister to families who are feeling particularly raw through the normal outcome of war and the sadness that that brings.

I support the amendment for two reasons. First, the delays that we have heard about reinforce that rawness and sense of loss that families find so difficult to cope with, particularly having lost loved ones in these tragic and, in some ways, unforeseen circumstances. Although people realise that they are taking a risk when they join the military forces, somehow one always thinks that it will be someone else who actually dies in battle.

Secondly, there should be proper monitoring of what is going on, as the noble Baroness said. It seems to me that remembering people who have lost their lives and having them recorded is essential in this process. The fact that it is not going to cost anything ought to encourage us to go with this amendment. I realise how much the Minister and the Government have worked to improve the Bill, but if we do not include this amendment, I think that ultimately it will not capture the proper operation of inquests. For that reason, I ask noble Lords to support this amendment.

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I urge the Minister to accept the strength of those arguments and those of other noble Lords and to let the revised Bill complete its passage through both Houses with the amendment to gain Royal Assent. I beg to move.

[Lord Ramsbotham]

I put my name to the amendment, as I did in Committee and at Report. I declare an interest as a holder of the Pingat Jasa Malaysia. I shall not repeat all the arguments made so well by my noble and gallant friend, which have been put forward on numerous occasions. I should just like to mention three points.

First, as my noble and gallant friend said, the existing rules are utterly discredited. It was mentioned in the previous amendment that the coroners’ regulations are 149 years old; some of the regulations for these medals go back to the Crimean War.

Secondly, it is all very well saying that it is a committee of civil servants who will draw this up, but it is actually Ministers who should give advice. I am concerned that Ministers do not appear to have given the ruling on this issue that they might have done.

I mention that in coming to my third point, because we are all abundantly clear—it has been made clear by the Secretary of State for Foreign Affairs and by the Minister in this House—that the Foreign Office is trying to put back the C into the FCO. There is an emphasis on the Commonwealth. This is a Commonwealth medal. To my mind, it is discourteous not to accept something from the Commonwealth when the people who were awarded it went out honouring a treaty obligation to help a fellow Commonwealth member in trouble. This really ought to be put right as soon as possible.