Lord Robathan
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Armed Forces Bill
Lord Robathan Excerpts(13 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Defence (Mr Andrew Robathan)
I beg to move, That the clause be read a Second time.
The Temporary Chair (Mr Roger Gale)
With this it will be convenient to discuss Government amendments 14 and 15.
Mr Robathan
The new clause reflects the importance that the Government place on their reserve forces, and amendments 14 and 15 are concomitant with it. The new clause is designed to align more closely the circumstances in which reservists may be called out in the United Kingdom with those in which regular personnel may be used. It would enable reservists to be deployed in the UK more widely than at present so that their skills can be used in a wider range of circumstances.
Legislation has been in place for some time allowing our reserves to be called out to serve on warlike or humanitarian operations worldwide. Indeed, it is worth stressing that there have been more than 24,000 reservist mobilisations in support of operations both at home and overseas, including Iraq and Afghanistan, since 2003. I am sure that the Committee would wish to pay tribute to those reservists who have deployed on operations—with some losses, I fear. During those operations, 27 reservists have made the ultimate sacrifice.
In the UK, local reserve troops were mobilised under existing legislation to provide assistance during the Cumbrian flooding in November 2009, and helped to build Barker bridge—so-called after the tragic death of Police Constable Barker during some of the worst UK flooding in living memory. This assistance could not have been provided so quickly and efficiently without the excellent support of reserves from the local Territorial Army unit. However, we do not have legislation in place to allow us to use the numbers of reserves available or their specialist skills in all appropriate circumstances. The Secretary of State’s power to call out reservists in the UK is currently limited by the Reserve Forces Act 1996 to the defence of the realm or
“the alleviation of distress or the preservation of life and property in time of disaster or apprehended disaster.”
There are many circumstances falling short of “disaster or apprehended disaster” in which reserves could make a valuable contribution, but under the existing legislation, they cannot be mobilised. I have in mind a number of examples. The first is the foot and mouth outbreak of 2001, when we could not call out reservists because the work that needed to be done was not to alleviate distress or preserve life or property. The second is a major disruption to the road and rail network, such as we saw at the beginning of this year, when reservists could not be mobilised to deliver vital food and blood supplies to a large number of people over a wide area, and when we had to resort at the last minute to volunteers. The final example is a requirement for unarmed, low-level support to the security operation for the London 2012 Olympic games. Currently in such circumstances, it would be possible to use regular forces because there is a power to use regulars for urgent work of national importance. This power has been used for a wide range of activities, such as dealing with the consequences of flooding, heath fires, severe snow, hurricanes and the foot and mouth outbreak of 2001.
I propose to amend the 1996 Act so that reserve forces, like regular forces, can be called out for urgent work of national importance. The amendment represents an improvement to the existing position, where there is one test governing whether regulars can be used, and another slightly different test governing whether reserves can be mobilised. Being able to mobilise reserve forces would offer a number of important practical advantages. First, there are more than 30,000 committed individuals in the volunteer reserves. Secondly, reservists are based in every part of the UK and can bring to bear important local knowledge in relation to local problems. Thirdly, this would enable us to draw on a range of specialist skills held in the reserves that do not exist in the regular forces—for example, medical skills, meteorological expertise, and rail and maritime expertise. Over the last decade, we have seen the ever greater integration of the reserves into our force capability. The new clause is proposed in that developing context. The Future Reserves 2020 study, which will report to the Prime Minister this month, is taking a wider look at the role of the reserves and making better use of their specialist skills. I expect the study to recommend that we should make more of the strengths and skills that reservists offer. The new clause represents a first step towards that.
Mobilisation is an essential tool for two reasons. First, it gives the Department the guarantee of the reservists’ service; secondly, it activates statutory employment and financial assistance safeguards for reservists and their employers. These help to minimise any disruption that mobilisation may cause. Under the new clause, as now, no reservist will be out of pocket as a result of mobilisation, and every employer will have the right to apply for financial assistance that will allow him temporarily to replace any member of staff who is mobilised. In addition, existing restrictions on both the length of mobilised service that an individual can be required to undertake and the frequency of mobilisation will apply. Furthermore, reservists and their employers will be able to appeal against mobilisation under the proposed new power, just as they can under existing powers. There is also a further appeal to a tribunal that will be independent from the Ministry of Defence. In reality, the MOD works with employers to identify potential concerns at the earliest stage and support the employer throughout.
I hope that I have covered the major implications and benefits of the new clause. Let me stress that this change to the legislation strengthens the role of reservists in our armed forces and society more widely.
Government amendment 14 provides that the provisions in the Bill relating to the call-out of reserve forces will come into effect two months after it receives Royal Assent. That is the standard period of time for bringing provisions into force, and we see no need to deviate from the norm in this case. Government amendment 15 changes the long title of the Bill. The amendment is necessary because the new provision about the call-out of reserve forces is a subject that would not be covered by the long title as it stands.
Gemma Doyle (West Dunbartonshire) (Lab/Co-op)
Let me begin by paying tribute to the men and women who serve our country as reservists. They show immense dedication to serving our country. As the Minister said, we have only to look at the vital role played by reservists in Iraq and Afghanistan to understand the importance of reserve forces.
The Government are undertaking a review into the future of reserve forces. If we are to believe what we read in the newspapers, reservists are likely to be given greater responsibility in the coming years. Indeed, the logical conclusion to draw from the strategic defence and security review is that we must seek to make the most of the assets that we have, and that includes the reserve forces. In bringing forward these amendments, the Government are perhaps pre-empting the conclusion of that review. The amendments give the Secretary of State greater powers to call in reservists. That is something that, in principle, we are more than happy to support; indeed, the Minister gave some good examples of the circumstances in which such powers would be useful. However, the Government need to be honest with the men and women of the reserve forces. If they are to ask them to do more, they also need to provide the necessary protection and support in the workplace. We are talking about people who join up to serve their country, and we have a duty to protect their jobs when they are mobilised. It is in this area that there are some questions for the Government to answer.
We know that the Secretary of State is not necessarily on the best of terms with the Prime Minister and his other Cabinet colleagues. I wonder whether there is much joined-up thinking taking place in Government about the role of reservists and the duty of care that we owe them. The Cabinet Office has a Red Tape Challenge website, which consults the public on legislation that could or should be scrapped. When launching the site, the Prime Minister wrote to all Ministers to say:
“We know we have inherited far too much costly, pointless, and illiberal government red tape.”
In the employment law section of the website, item No. 1 in the list of legislation up for being scrapped is the Reserve Forces (Safeguard of Employment) Act 1985. The Act states that reservists have a liability to be mobilised and provides two kinds of protection. The first is protection of employment, providing protection from unfair dismissal and making it a criminal offence for an employer to terminate a reservist’s job without their consent solely or mainly because he or she has a liability to be mobilised. Secondly, there is a right to reinstatement. The Act provides a legal right to the reservist to be reinstated in their former job, subject to certain conditions. When pressed on this matter by my hon. Friend the Member for Barnsley Central (Dan Jarvis) at the most recent Defence questions, the Secretary of State refused to deny that those provisions were under consideration. The Government are therefore considering scrapping legislation that protects reserved forces employment on a day-to-day basis and when on a tour of duty.
Mr Robathan
The hon. Lady is making a good point, but I have to say that I am unsighted of the 1985 Act. I thought that it had been superseded by the Reserve Forces Act 1996. She obviously knows a great deal about this, but I thought that that was where the current regulations sat. Will she illuminate the matter for the Committee?
Gemma Doyle
Unfortunately, the Secretary of State did not make that clear when asked about this matter. If he or the Minister could give the Committee a concrete commitment on the protection of employment for reservists today, that would be very welcome. It cannot be right for the Government to consider asking more of the men and women of our reserve forces while cutting the protection that they need in their place of work. Will the Minister make an unequivocal commitment not to scrap the vital protection provided by the Reserve Forces (Safeguard of Employment) Act 1985 or, if he believes that it has been superseded, will he clarify the position? We support the new clause, but the Government must be clear about retaining the support and protection that the reserve forces expect and deserve.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
I, too, pay tribute to the work of the reserve forces. Some time ago I was in Iraq and I was pleasantly surprised to see that the commanding officer at Baghdad airport was a reservist. Much good work is done by the men and women of the reserve forces. No doubt there will be greater calls on their time in the future, bearing in mind the likelihood of an announcement in the coming week or two.
Subject to what the hon. Member for West Dunbartonshire (Gemma Doyle) said, I think the amending provisions are perfectly reasonable. Indeed, if we think of the Civil Contingencies Act 2004, they are perhaps overdue. Unfortunately, we in the United Kingdom are subject to increasing natural disasters, with which I am sure the men and women of the reserve forces are more than adequately equipped to deal. They may well prove a useful addition to the powers that we already have to deal with what are, unfortunately, frequently occurring natural events.
Subject to the points raised by the hon. Member for West Dunbartonshire, I think that the new clause and amendments are perfectly reasonable, and that the Government were right to table them.
Mr Robathan
I am grateful to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) and to other Members who have spoken for their generous support.
I do not know where the hon. Member for West Dunbartonshire (Gemma Doyle) gets her ideas. As far as I am aware—and I have seen them together—the Secretary of State is on very good terms with the Prime Minister and, I am sure, with his other Cabinet colleagues. They are probably on better terms than the shadow Chancellor, the right hon. Member for Morley and Outwood (Ed Balls), and the leader of the Labour party, although I am not sure about that. It is just what I read in the newspapers. Perhaps I am wrong, because one should not believe everything that one reads in the newspapers. When I last said that at the Dispatch Box I got into terrible trouble, not least because a newspaper correspondent was sitting in the Press Gallery. He wrote about me in a way that was not entirely polite. Anyway, I am sure that my right hon. Friends are on very good terms.
I can confirm that the new clause has been discussed with other Departments, and I understand that it has been cleared by the Cabinet, but it was discussed in particular by the Home Office, which deals with civil contingencies. I do not think that the hon. Lady need worry about that. As for the Reserve Forces (Safeguard of Employment) Act 1985, I will write to her about it, but I can tell her now that we have absolutely no intention of removing employment protection from reservists. Unlike the hon. Lady, I am not an authority on the Act, but I will write to her—I am looking at my officials now—to confirm that there is no intention of repealing the Act. The protection must, of course, continue.
I am grateful to my hon. Friend the Member for Milton Keynes North (Mark Lancaster), on the basis of personal experience. He gave the excellent example of Operation Midway, of which I had not known because, needless to say, it took place under the last Administration. As for the duration of deployment, I think that were we to deploy any reservist for three years and nine months, the House would have quite a lot to say about it. I am not minded to change the legislation, but I do not believe that circumstances would ever arise—apart from general war, which I hope we are not expecting—that required the mobilisation of people for that length of time. The hon. Member for Rhondda (Chris Bryant) is smiling. I hope that we are not expecting it, and I do not think we are, at least not in the review.
Mr Robathan
I thank the hon. Gentleman for his confirmation.
Question put and agreed to.
New clause 12 accordingly read a Second time, and added to the Bill.
Clause 31
Commencement
Amendment made: 14, page 29, line 3, at end insert—
‘(1A) Section [Call out of reserve forces] comes into force at the end of the period of two months beginning with the day on which this Act is passed.’.—(Mr Robathan.)
Title
Amendment made: 15, line 4, after ‘Naval Medical Compassionate Fund Act 1915;’ insert ‘to make provision about the call out of reserve forces;’.—(Mr Robathan.)
Clause 1 ordered to stand part of the Bill.
Clause 2
Armed forces covenant report
Mr Llwyd
I am sure that is right—I have no argument with that—but what is to prevent signposting and sending personnel to be assessed? For example, just down the road from here is an organisation called Veterans’ Aid, which is run by Wing Commander Hugh Milroy. Under his good offices, very few ex-service people are sleeping rough in London. There were quite a number of them 10 years ago; now there are hardly any. He has done that work. There are numerous organisations doing excellent work for ex-forces personnel, but I am arguing for a more consistent approach across the piece—a more holistic approach. I could use the words “postcode lottery”: there are good services and good practice, but we need to ensure that they are accessible across the piece and across all the constituent parts of the UK, wherever veterans are, wherever they served and whichever regiment they were with.
Mr Robathan
At the risk of incurring your wrath, Mr Gale, I am sure that the right hon. Gentleman and all in the House would like to join me in congratulating Wing Commander Milroy on his richly deserved OBE in the birthday honours only last Saturday.
Mr Llwyd
I am delighted to congratulate Wing Commander Milroy on that—it is a well-deserved honour for a lot of hard work in difficult circumstances.
I do not want to take up too much time this evening, so I shall seek to truncate my remarks. Let me explain one or two more amendments. I will not press the Committee to a Division, because I want to make my points and to return to them at another time.
New clause 3 specifies that back-up advice, in person and by telephone, should be made available for the first six months following discharge. Finally, tailored support should be made available for former armed services personnel in the criminal justice system. The issues surrounding veterans who come into contact with the criminal justice system have been the subject of debates in this House and I shall not go into great detail about them now, but holistic support is required, I believe, for such veterans to ensure that they get the support they need.
New clause 4 would appoint a support officer for former armed services personnel in each prison and probation service in England and Wales. That might sound a bit airy-fairy and pie in the sky, but those people are out there. They are often people who are interested in the subject and who are ex-service personnel, but that turns on the question of whether we have the ex-services personnel in a prison, which is often the key to whether services are properly delivered for these people.
Gemma Doyle
The amendments tabled today are a vast improvement on the Bill as it stood. If the hon. Gentleman agrees with that, I wonder why he did not support my amendments in the Select Committee that would have achieved that. Instead, he voted down any proposals to strengthen the covenant or the Bill.
New clause 17 would fully enshrine—
Gemma Doyle
I should at least like to finish my sentence if that is all right.
New clause 17 would fully enshrine the principles of the covenant in law, not half-heartedly but unambiguously.
Mr Robathan
The point the hon. Member for Colchester (Bob Russell) was trying to make was that between 1997 and 2010 there was a Labour Government—new Labour, old Labour or whatever we like to call them—and nothing was done. I do not hold the hon. Lady responsible because she was not in the House then. As the hon. Gentleman pointed out, when we took office a year ago there was no mention of the covenant, yet now we are putting it on a statutory basis for the first time. I think I first used those words in the House on 10 January.
Gemma Doyle
On frequent occasions, the right hon. Gentleman has acknowledged that plenty was done for veterans under the previous Government, including the creation of his job. If he wants to keep it, perhaps he should have got this right in the first place.
New clause 17 would place a duty on all Departments and public bodies to give consideration to service families and veterans in policy making and implementation. Although it is very welcome that the Secretary of State will report to the House, I would rather such matters were integral to the policy-making framework from the beginning and the new clause would ensure that.
Gemma Doyle
I thank the hon. Gentleman for his intervention. He and I have debated that point before and, as he knows, I think he is confusing a list of prescribed entitlements with a list of issues on which the Secretary of State has to report. My point all along has been that the Secretary of State should not be reporting on the work of other Departments without reporting on the work of his own Department. It would be bizarre if a report criticised local authorities, or indeed the Department for Education, for disadvantaging the children of service people, but had no reference at all to the MOD’s responsibilities, such as pension provision for the armed forces. I cannot envisage a time in the near future when pension provision will not be an area of concern for our armed forces, so it should be included in the list.
The list does not limit the fields on which the Secretary of State should report; it expands them and makes provision for further relevant issues to be included as circumstances dictate.
Mr Robathan
When the Secretary of State comes to the House to make his annual report and, if the hon. Lady is still in her place—
Mr Robathan
Very unlikely, if I may say so—as the hon. Lady has already suggested.
Is the hon. Lady telling the Committee that, if she is still in her place and there is no mention in the report of pension provision or mental health care—on which we are doing a great deal of work, as she knows; my hon. Friend the Member for South West Wiltshire (Dr Murrison) has done a lot of work for us and we are taking it forward—and she thinks that is an issue, she will not mention it?
Gemma Doyle
I give the Minister a categorical assurance that I will mention it. My concern is whether the Secretary of State will even consider those issues. As the Bill stands, he does not have to; he need only look at education, health and housing, and that is not good enough.
I should have liked to explore further with the Minister why education, health care and housing had been chosen at the expense of the many other issues that have been of great concern over the past 12 months. However, he declined to give evidence on his Bill.
I am also concerned that there is nothing in clause 2 that applies to Scottish or Welsh veterans. At the very least, the Bill should be amended to send a clear signal about the UK-wide responsibilities of the Secretary of State. If the family of a Scottish service person live off-base in local authority housing, their housing requirements are devolved. We have been advised that the Secretary of State will update the House even when those matters are devolved. It seems odd that such a thing could happen, because the Secretary of State is not responsible for the delivery of devolved services; nor is he or she accountable, and thus could not answer questions on the matter.
Gemma Doyle
I entirely agree, but the correspondence I have seen does not indicate that that is the case.
Mr Robathan
I think the Opposition are fishing in desperation for things to get excited about, but they do not need to. I have in my hand a letter from the right hon. Alex Salmond, who describes himself as the First Minister of Scotland, for that is indeed his post. The letter is dated June, although I cannot actually read the day. It thanks the Secretary of State for Defence for his letter about the armed forces covenant and states that the Scottish Government have and will continue to provide unequivocal support for the armed forces, families and veterans. I shall not read the whole thing out, but it welcomes the new armed forces covenant as an important step forward from the 2008 service personnel Command Paper.
There is no disagreement between us. We are in discussion with the devolved Administrations. We are interested in results, rather than the box-ticking that the hon. Lady describes.
Gemma Doyle
The letter that the right hon. Gentleman has read out does not address the point I just made. Constitutional issues are involved. I believe that it would be unconstitutional for the Secretary of State to stand at the Dispatch Box here and report on devolved matters. My understanding is that if I were to secure an Adjournment debate on a devolved matter, it would not be taken on the Floor of the House. It would be ruled out of order, as indeed it should be. I am afraid that the letter to which the right hon. Gentleman refers does not address that point.
However the process with the devolved Administrations is handled, the inclusion of pensions and benefits as a defined area in the report would ensure that the report reflected issues for service people throughout the whole United Kingdom. As the Bill stands, Scottish and Welsh veterans in particular are being ignored. Fundamentally, I want the Secretary of State to come to Parliament and report on the matters for which he or she is responsible.
It is one thing to talk about the military covenant; the real test is how that acknowledgement is reflected in the decisions of Ministers. Their actions mean that thousands of servicemen and women will be made redundant, many more will see cuts to their allowances and all will be hit disproportionately hard compared with other workers by plans to downgrade public sector pension rises. These are just some of the many decisions taken by the Government in the past 12 months that have undermined the military covenant and given no cognisance to the unique nature of the work that our armed forces do. I am glad the Bill will recognise that through amendment 11, and I hope that Ministers will reflect that in their decision making, in which such recognition has been absent so far.
Bob Russell
I congratulate the coalition Government on bringing forward the armed forces covenant. I served throughout the Committee—
Bob Russell
I am grateful. Thank you.
I would like to confine my remarks on this string of amendments to the narrow subject of housing and matters relating to the welfare of Army families. However, I hope that before we finish this evening the Minister will be able to assure the Committee that not a single penny will be cut from the wages of a single member of the Parachute Regiment or 16 Air Assault Brigade more widely.
The last Government can take a lot of credit for things that they did. I hope that what happened previously, under the Veterans Minister and so on, will be built upon by the coalition Government. However, when it comes to the accommodation of the families of our military personnel, successive Governments have failed. The last Conservative and Labour Governments failed. When it comes to single people’s accommodation, Merville barracks in Colchester is the best to be found anywhere in the country, but that only sharpens the contrast with the unacceptable housing for married families. Either Colchester garrison is unique or the accommodation there is typical of that which our military families are required to live in. What makes it worse, is that former Army housing in my constituency has rightly been modernised to a high standard through the Department for Communities and Local Government, while on the other side of the road Army families, looking out on these modern buildings, occupy what an Army wife described in a letter to the Essex County Standard on Friday as the worst in the country.
That unnamed soldier’s wife says:
“I have been married to a soldier for 20 years and lived throughout in services accommodation.
The married quarters in Colchester are the worst I have ever had to live in, and the system in place to rectify faults is laughable.
The direct line puts you through to a call centre in Liverpool, to talk to someone who has no idea of the conditions you live in or the stresses you endure while your husband’s away. They will then expect you to take a day off work so a tradesman can turn up, and it’s then a lottery as to the standard of the repair.”
The letter goes on at great length to describe the woeful inadequacies of the Defence Housing Executive. The soldier’s wife says:
“We’ve given up complaining to the Defence Housing Executive, as all we get are curt replies, from staff who seemingly have never served or been married to a serving member. It is apparent they have never seen inside the properties.”
There is a critical suggestion that perhaps things have got worse since the Defence Housing Executive took over.
We are talking here of the families of soldiers who only last week marched through the centre of Colchester in a welcome home parade and the next day had a thanksgiving and memorial service at Bury St. Edmunds cathedral. Yet we expect their families to live in accommodation that this soldier’s wife described as the worst in the country. If the Government can rightly find money to modernise former Army housing to accommodate civilians, the same Government should be able to find the money to modernise housing fit for the heroes who have just returned from Helmand province.
Allied to that, the armed forces covenant refers to education. I look at education in the broader sense—not just the education of serving military personnel but the education of the children of military personnel. Once the former Army houses are occupied by civilian families, the adjoining schools, the Montgomery infant and junior schools—that gives a clue to the military ethos—will be full up. There will not be room at the Army schools for the children of Army personnel. If anything, the armed forces covenant should look at the families of military personnel as well as the serving personnel.
Bob Russell
I have no knowledge of that, but the hon. Lady has made the point and there will no doubt be a response.
Mr Robathan
Indeed there will be if I may intervene. Has the hon. Lady visited the headquarters of the MOD police in Suffolk?
The Temporary Chair (Mr Roger Gale)
Order. The Minister cannot question the hon. Lady because she does not have the Floor.
Bob Russell
This is a serious issue. To the best of my knowledge, the MOD police are an integral part of the wider military family. However, over the past 10 years the previous Government were determined, as I regret the coalition Government now appear to be, to reduce MOD police numbers to the point where I suspect at some future stage we will be told that they no longer have a purpose and can be done away with. All I can say is that where there were once 30 MOD police officers serving an exclusive Army estate in excess of 2,000 dwellings, there are now just three such officers. The expectation that Essex constabulary can suddenly conjure 27 police officers to fill that breach will not be met.
We now have a situation in which we have Army families and civilian families and the demarcation between policing is not clear. The lifestyle of civilians is not always compatible with the military ethos of the service families. I am trying to choose my words carefully. All I am saying is that the presence of MOD police officers brought a security and comfort to military families which has been lost at the same time as the ethos of a 100% Army estate has been dramatically reduced. I put it to the Minister that the Government need to look carefully at their proposals to reduce dramatically the number of MOD police officers. It will have little effect in Colchester because 27 police officers have already been got rid of and, with only three left, we do not have much further to go.
I welcome the armed forces covenant, previously known as the military covenant, and congratulate the Royal British Legion on all it has done. We should all be grateful to the legion. My only regret is that some people appear to be trying to turn it into a party political football.
Mr Robathan
I will respond initially to some of the points raised by the hon. Member for Colchester (Bob Russell). I do not want to mislead him, but I am pretty sure that the pay will continue for all members of the Parachute Regiment who are able to parachute, and certainly for those in parachuting jobs, so we are not scrapping parachute pay. I think that I am the only Member in the Chamber who has received pay for jumping out of aircraft, and it was very welcome at the time.
Bob Russell
May I just point out that the hon. Member for North Durham (Mr Jones) and I got not a single penny when we were thrown out at 13,000 feet?
Mr Robathan
Well, the hon. Gentlemen obviously got parachutes, which might not be my intention for one or two other people.
I take on board the hon. Gentleman’s serious concerns about housing, which is an ongoing problem that we wish to improve. We inherited a bad situation, but I do not question the good faith of the previous Administration because it is a difficult matter—[Interruption.] Well, I do not think that we can be blamed for the state of housing 14 years ago.
Mr Robathan
I do not think that we want to revisit debates from 1996 and I doubt that you, Dr McCrea, would allow it—[Interruption.] Shall we revisit that debate from 1996? I have to say that I had words with Ministers at the time and was not entirely enthusiastic about the policy, but there we are. It is important that we continue to work on housing because we do not wish people to live in substandard accommodation.
The hon. Member for West Dunbartonshire (Gemma Doyle) mentioned the Defence Police Federation’s annual conference, which took place up near the Clyde, next to her constituency. The head of the federation works on the floor above me in the MOD, and I have invited him to come to talk to me about the issues. I do not think that that is particularly unreasonable, especially since the conference is taking place today and I have to be here.
I will consider the large number of amendments in three chunks. I will speak first to the Government amendments, secondly to the amendments tabled by the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) and thirdly to the official Opposition’s amendments. When the Government decided to include clause 2 in the Bill, we had two main objectives: to recognise the armed forces covenant in legislation, as we are committed to doing; and to strengthen the Government’s accountability to the House through the mechanism of an annual report on the covenant.
The clause rightly places the covenant at the heart of our national debate on whether we are treating current and former members of the armed forces as they deserve to be treated. This is not a matter in which only the Government have an interest; right hon. and hon. Members are well aware that groups that aim to speak for the armed forces community, including the Royal British Legion, take a close and constructive interest. The legion has now made clear its overall support for what we are trying to do in relation to the covenant. I do not apologise in any way for listening to what it and others have said and, having done so, making changes to the legislation.
Gemma Doyle
Does the right hon. Gentleman regret the process by which the Bill has come about? What exactly changed his mind?
Mr Robathan
I do not regret the process at all. What has happened—I would have thought that the hon. Lady had spotted this, because she is a capable person—is that we have been discussing and listening to things and came to the view that we might enhance the Bill, which is what we have done.
Mr Robathan
Contrary to what the hon. Lady says from a sedentary position—perhaps she is reading what is on her BlackBerry—it is not chaos.
Those other organisations are as concerned as the Government are to avoid the pitfalls of the covenant ending up in the courts. They have also pointed out where they think we can do better, and we have listened to them. They argued persuasively that the language of the Bill that related to the armed forces covenant report did not go far enough in explaining our intentions. Our amendments aim to put that right, and I hope that everybody in the Chamber welcomes that.
Mr Kevan Jones
So why did the Minister, along with his Liberal Democrat colleagues, argue forcefully in Committee on numerous occasions that the Bill as it then stood enshrined the covenant in law, when clearly it did not?
Mr Robathan
The hon. Gentleman, together with the hon. Member for West Dunbartonshire, is continuing to fish for any minor criticisms that he can make. We have listened to what people have said and responded, and they might welcome that rather than carping at it.
Christopher Pincher
Does my right hon. Friend think that this is rather rich coming from Labour Members, and certainly from the hon. Member for North Durham (Mr Jones)? Having had 13 long years with the time, the majorities and the money to introduce a Bill, they merely produced a Green Paper, whereas we introduced a Bill within 12 months. Is not my right hon. Friend rather proud of that?
Mr Robathan
I am grateful to my hon. Friend for his support.
Our amendments do not seek to introduce new constraints to prevent the Secretary of State from using his discretion in preparing the report. They do not try to prejudge in detail exactly which subjects will be relevant—unlike, I fear, several of the amendments that we are discussing. Rather, they allow us to be clear about the principles to which the Secretary of State must have regard, especially now that the armed forces covenant has been published. The three ideas or principles contained in amendment 11 are, I trust, the subject of agreement in all parts of the Committee. The
“unique obligations of, and sacrifices made by”
our service personnel are matters of fact: the requirement to deploy anywhere in the world at no notice, to put themselves in harm’s way, and to use lethal force—all without question, as the hon. Member for West Dunbartonshire said. No other part of our society is called upon to undertake those obligations. The sacrifices made not only by those who suffer injury or death, but by those who give up the kind of family life which the rest of us take for granted, are also of a different nature from what is expected of others. We are not in danger of forgetting that, but we recognise that there should be no doubt that the Secretary of State will take it into account when he is preparing the annual armed forces covenant report and considering the effects of service.
The other two principles listed in the amendment are not statements of fact in the same way, but they should command the same level of consensus. They are at the core of the Government’s and the nation’s obligations under the covenant. We can never remove all disadvantage that results from membership of the armed forces—the very nature of the job prevents it—but we can, and must, do all we can to minimise disadvantages, particularly when it concerns access to public services. In preparing the amendment, I paused for a long time over the word “desirable”. Surely it is more than desirable to remove disadvantage. “Desirable” gets overruled by words such as “essential” or “important”. Nevertheless, we must recognise that it will not always be feasible to remove every disadvantage. Therefore, in terms of legislation, we must not express the principle in language which we could never achieve. Let the Committee be in no doubt, however, that where it is appropriate to take action, the Government see that as much more than “desirable”.
The question of disadvantage is dealt with more fully in amendment 12—an important new provision that clarifies how the annual report will deal with removing or reducing disadvantage. The first part requires the Secretary of State to make a judgment about whether the effects of service constitute or result in disadvantage when he is looking at a particular field—an element of the covenant such as health care or housing. He is also required to look at service people or
“particular descriptions of service people”.
In other words, he will be looking at individual elements of the armed forces community. That could be a very broad category including families or ex-service personnel, or it could be a smaller grouping such as those injured in service or foreign and Commonwealth personnel. The Committee will understand that this gives the Secretary of State the ability to drill down to find the real problems, which often do not affect a whole group but a small part of it. The amendment also gives the Secretary of State the responsibility of deciding who should be the subject of that comparison. In some cases, the right comparison will be with the ordinary civilian; in others, it may make sense to look at a rather more specialised comparison such as with members of the emergency services.
The second part of amendment 12 sets out what the Secretary of State must do with his judgment. He must go on to say in the annual report what is his response to the disadvantage that he has identified. Perhaps nothing can be done about it—it may be an inevitable result of the military profession—or he may be able to announce how the matter is to be resolved, or who has responsibility for doing so. In all cases, the House will be in a position to decide whether that response is satisfactory.
The Temporary Chair (Dr William McCrea)
Order. I ask right hon. and hon. Members to keep the noise down. We want to hear the response from the Minister. A lot of people intervened and asked questions. It is only appropriate, proper and courteous to hear the answers.
Mr Robathan
If Members have come in at the behest of the Whips because they expect a Division, they might as well go out for a bit longer, because I have a lot more to say that will delay the Division. They are very wise to do so.
New clause 4, which I was addressing, proposes a legal obligation to appoint a former armed forces personnel support officer to every prison and probation service in England and Wales. That would impose an unnecessarily legislative framework. The veterans in custody support programme focuses on the early identification of ex-service individuals who would benefit from extra support. It offers advice on a range of issues from housing and mental health to medals and war pensions. The voluntary sector provides excellent additional support.
New clause 5 would require financial support to be provided for a range of welfare groups. I pay tribute to the invaluable role played by numerous service and ex-service organisations in promoting the welfare of the armed forces community. Some have been doing so for a very long time. Only this month, we celebrated the 90th anniversary of the Royal British Legion. Indeed, there was a garden party—indoors because it was raining—at No. 10 on Friday, at which the Prime Minister spoke. Members of the Royal British Legion and its supporters, such as Vera Lynn, all appreciated it enormously. Similarly, last week I went to the service at the Guards chapel on the 40th anniversary of the War Widows Association of Great Britain, with which we are in touch a great deal. Many such bodies have an expert understanding of the needs of service and ex-service personnel. Their support sits alongside the provision of facilities from public funds and we have close working relationships with many of them.
However, it would not be appropriate for the Government to give general financial support to such groups. Registered charities are and should remain independent. It is right that they raise their own funding, whether they are concerned with the armed forces or not. It is a long-standing practice that central Government do not provide funds raised through taxation to assist the core activities of individual charities. In any event, given the number of charities, the Government would not be able to do that in a fair manner. I pay tribute to the many charities that are raising a great deal of money at the moment, such as Help for Heroes, the Royal British Legion and Combat Stress—we have been discussing mental health. They are working to raise funds to support our armed forces and I pay tribute to them.
New clause 6 proposes the creation of a policy forum for former service personnel. Is there a need for another policy forum and, if so, do we need to legislate to create it? There are already a number of groups that help to shape the delivery of veterans’ welfare. The external reference group on the covenant brings together armed forces advocates from across Government and external members from ex-service organisations. It provides co-ordination for the effort across Government and oversight of the Government’s performance in rebuilding the armed forces covenant, and it allows ex-service organisations and other experts to influence the development of Government policy. The right hon. Gentleman mentioned the Confederation of British Service and Ex-Service Organisations. There are regular meetings between COBSEO and senior MOD staff and Ministers, including myself. The annual welfare conference organised by the MOD allows many smaller organisations to debate these issues. There are 13 veterans advisory and pensions committees throughout the United Kingdom that provide assistance to the service and ex-service community and local public service providers. They raise awareness in public bodies and the local community about the needs of veterans. I trust that I have made my point that establishing another former armed services personnel policy forum would not offer any tangible benefit.
I now turn to the second half of amendment 3. [Interruption.] For the benefit of people such as the shadow Secretary of State for Defence who have just walked in, perhaps I should repeat what I have said.
The Temporary Chair (Dr William McCrea)
Order. I ask right hon. and hon. Members once again to be courteous and to listen to the responses. If they want to have conversations outside this business, they can do so outside the Chamber.
Mr Robathan
For those who have arrived recently, it would be discourteous of me to not respond to those who have raised points, such as the right hon. Member for Dwyfor Meirionnydd. I have yet to achieve the same length of speech as the right hon. Gentleman or the hon. Member for West Dunbartonshire. [Interruption.] Indeed, the night is yet young.
The second half of amendment 3 sets out nine headings that must be covered in the annual report. I do not deny the importance of any of those topics. Some are broad and some are fairly narrow, such as “debt management” and “domestic violence”. However, it is not a comprehensive list and I am sure that other hon. Members could add many suggestions. We would rather not legislate for such a list because it may change over the next few years. The question is whether we should cram all possible issues into the legislation and turn the annual covenant report into a box-ticking exercise, or whether we want to give the Secretary of State the opportunity to identify and investigate the problems that are actually faced by service people. Amendment 3 would deny the Secretary of State the flexibility to deal with the effects of service that are considered to be the most important or relevant at the time of each report.
Finally on this group of amendments I come to amendment 4, which we do not believe would add a great deal to the Bill. The Secretary of State has made it clear that he will seek views and evidence in preparing each annual covenant report. If there are issues, he will respond to them and give a time frame for implementing any recommendations. The amendment would simply get us into questions about who is and who is not an expert in this field. This country is fortunate to have an active community of well informed, constructive and articulate groups that are committed to improving the welfare of service people and want to work with the Government to achieve that. Many are brought together in the external reference group, and I can assure the right hon. Member for Dwyfor Meirionnydd that they are not slow in coming forward. We have stated that we will publish their observations alongside the annual report.
Mr Robathan
I do not think the hon. Gentleman needs to offer to do that. That is a bit sexist, if you ask me, but there we go.
The hon. Member for West Dunbartonshire asked earlier from a sedentary position where we got the idea from that there was a £38 billion black hole. May I tell her that it came from the National Audit Office report “Ministry of Defence: The Major Projects Report 2010”?
Mr Jones
I am sorry, but if the Minister reads the NAO report, he will see that it states that the figure is between £6 billion and £37 billion. The only way we can get to the £37 billion figure is if we include all the forward programming for the forward thing. The problem is that, like a lot of his colleagues, he cannot get away from the spin of central office.
Mr Robathan
The hon. Gentleman talks about the “forward thing”, but we have to do the sums, and I am afraid his maths is obviously not very good. If he does not believe that the Ministry of Defence is short of money, he is wrong.
The Opposition’s amendment 16 represents a further attempt to reduce the discretion of the Secretary of State to consider which subjects to include when preparing his annual report. I have three difficulties with it, and they lead me to oppose it. [Interruption.] I can find more, if the hon. Member for West Ham (Lyn Brown) would like.
Mr Robathan
Well, one is that the amendment, no doubt with the best of intentions, describes in more detail the subjects to be covered in the covenant report. As drafted, clause 2 requires the Secretary of State to address accommodation, health care, including mental health care, and education. We have included those topics because it is pretty inconceivable that there would ever be circumstances in which they were not relevant. However, the list is meant to be illustrative, not comprehensive. Any attempt to be comprehensive in the clause would run the risk of missing out something significant, and it would be doomed to become out of date as circumstances change. All the topics listed in the amendment are important and deserve consideration by Parliament, yet the list leaves out many other important matters such as pay, recognition and how we treat personnel on deployed operations.
That leads to the second difficulty with amendment 16. Its supporters may argue that if they fail to make their list comprehensive, the gaps will be filled in by others, hence the reference to
“such other fields as the External Reference Group may determine.”
I am a great admirer of the work of the external reference group, as I have made clear to the House on numerous occasions. By coincidence—[Interruption.] The shadow Secretary of State obviously does not want to hear my response to his colleague the hon. Member for West Dunbartonshire, who has raised a great deal that needs to be covered in the debate. That is why we have a Committee stage in the House of Commons.
Mr Robathan
He obviously does not realise that.
By coincidence, the external reference group is meeting tomorrow. I offered to go to the meeting, but it wished to consider how it may respond to the covenant report when it comes out. After discussions, it was thought that I might be in the way rather than anything else. The group’s advice and expertise will be of huge benefit to the Government in preparing the annual report, but we cannot place on the group the duty of deciding what subjects the Secretary of State will cover. That must be his decision, so that he is answerable to the House for it.
Finally—[Interruption.] I mean finally on amendment 16. It would remove the reference to “particular descriptions” of service personnel. That is a vital provision, despite the slightly arcane language, because it allows the Secretary of State to distinguish between different groups rather than cover the whole of the armed forces community when there is no need to do so. Leaving it out would make the annual report unwieldy and less useful.
That leads us directly to amendment 17. Inquests are a crucial part of how we support those who have made the ultimate sacrifice in the service of their country. Two of my hon. Friends from Wiltshire mentioned the matter earlier. Although inquests allow families to learn in detail how their loved ones died, and help them to reach closure, they also bring home to all of us the tragedy of loss and the cost of the operations on which we are embarked. Ensuring that the inquest system is fit for its very important purpose is a responsibility that the Government must never forget.
However, the amendment makes for me precisely the point that I raised earlier. It is an afterthought. Having tried to list the subjects that the Secretary of State should cover, the Opposition realised that they had left one out. That shows the weakness of trying to come up with a comprehensive list in legislation. Next week, people might come up with another category, but it would be too late to amend the Bill. I hope that we can look forward to a happier time when the operation of the inquest system is of less concern to the armed forces community because we are not involved in deployed operations and there are no fatalities.
Gemma Doyle
It is somewhat rich for the Minister to say that it is we who are treating inquests as an afterthought, given that it is his Government who have scrapped the office of the chief coroner. How would he respond—I urge him to make it a brief response—to the comment of the Royal British Legion that it is a betrayal of service families to scrap that office?
Mr Robathan
Unfortunately, as the Members on either side of the hon. Lady—the hon. Member for North Durham (Mr Jones) and the shadow Secretary of State—will understand, I cannot speak for the Ministry of Justice. It would be beyond my remit. May I also say that she spoke for longer than I have yet achieved? Don’t worry, I’m working on it.
New clause 13 relates to armed forces advocates. Advocates are an excellent idea, and in UK Government Departments and the devolved Administrations they face in two directions. They ensure that their own Department’s policies take account of the special needs of the armed forces community, and they communicate their Department’s perspective to my officials and external stakeholders.
I turn briefly to new clause 14, on the ombudsmen. I pay tribute to the parliamentary and local government ombudsmen for their work. I do not think any of us doubt the important role that they can play in helping members of the armed forces community, and they have welcomed the familiarisation events that my officials have organised. However, the new clause is unclear about what exactly the ombudsmen are intended to do, and we are not minded to accept it. The Government will continue to work with public bodies and local authorities to implement our commitments, and we will encourage them to help to remove the disadvantage faced by service people and afford them special treatment where appropriate. The ombudsmen have a vital role to play, but it is not the one described in the new clause.
Finally—[Hon. Members: “Hooray!”] Yes, finally, I come to the Opposition’s new clause 17. Once again, the concept outlined in it is perfectly reasonable. I want, just as much as the hon. Member for West Dunbartonshire does, a world in which those who make policy take into account the needs of members of the armed forces community as a matter of routine. The best way of ensuring that we avoid problems of disadvantage is to prevent them from happening in the first place. The issue is how to achieve that. We must consider whether the right course of action is to create a legal duty to have regard to certain matters, or to adopt a more practical approach. In the Government’s view, placing a general duty on all public bodies and Ministers in the preparation of all policy would be unhelpful and unfocused. It would lead to more of a box-ticking culture and a cottage industry of assessments. As I have said throughout the debates on the Bill, we are interested in results and want the armed forces community to be looked after better, but that does not involve box-ticking.
Mr Nigel Dodds (Belfast North) (DUP)
I agree with the Minister that results and outcomes are the most important thing, but with reference to the earlier discussion on devolution, how will he ensure that all servicemen and women and ex-servicemen and women are treated equally in all parts of the United Kingdom? There may be some resistance at devolved level, particularly in Northern Ireland where vetoes are in operation.
Mr Robathan
The right hon. Gentleman makes a good point, and I know that he takes the matter very seriously. We did not put forward the devolution settlement, of course—that was done by the previous Government—but we are working with all three devolved Administrations to try to ensure that there is no disadvantage to any ex-service person. However, I absolutely take on board his point and the particular circumstances that he mentions.
Rather than the system set out in new clause 17, I would prefer one in which I and my ministerial colleagues across Government continue to work with public bodies to ensure as far as possible that they take account of the armed forces covenant in their preparation of policy. Much progress has already been made, and the imposition of a new statutory duty would not be of benefit.
The Government look to the annual report to be a powerful, flexible tool to focus Parliament’s attention on the key issues of the time. I fear that the Opposition’s proposed amendments would make that task more difficult and impose a package of unnecessary processes. [Hon. Members: “Hooray!”] I have only another 300 pages to go, but I shall leave it at that, and allow the right hon. Member for Dwyfor Meirionnydd to wind up.
Mr Llwyd
I am not altogether happy with the Minister’s response—in fact, I am desperately unhappy with it—but I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: 16, page 2, leave out lines 8 to 12 and insert—
(a) education;
(b) accommodation;
(c) healthcare;
(d) mental healthcare;
(e) pensions and benefits;
(f) employment and training;
(g) support for reservists and their employers;
(h) the running of the Armed Forces Compensation Scheme;
(i) progress on Armed Forces rehabilitation services; and
(j) such other fields as the External Reference Group may determine.’.—(Gemma Doyle.)
Question put, That the amendment be made.
Thomas Docherty
The hon. Gentleman is entirely right. One thing that the Government have not yet fully grasped is that a lot of those service personnel will have been at their bases for significant periods, particularly those at Royal Air Force bases. Indeed, one of the differences between the Army and the Air Force is that those in the Royal Air Force tend to spend the vast majority of their careers based in one location. I was recently told the story of some aircraft mechanics who had been at the same base for going on for two decades. People make family connections. Their husbands or wives move with them permanently to the bases at which they are stationed, and they then seek local employment and raise their families in the area. There will also be local businesses that depend on work from those RAF bases, as the hon. Gentleman said. They now face a period of great uncertainty.
I say very gently to the Minister that we have seen the date gradually slipping back. Indeed, it is probably fair to say that our understanding now is that we will not get a decision until the very day that the House rises. I would not for a moment seek to besmirch the Ministry of Defence’s thinking, but some uncharitable people outside the Chamber might suggest that the Government were hoping to sneak out the announcement on the last day when no one was looking, although I am sure that Mr Speaker would ensure that the Secretary of State at least came to the Chamber.
Mr Robathan
Were any Minister to try to slip something out on the last day, I am sure that the hon. Gentleman would be here to ensure that they did not get away with it.
Thomas Docherty
I am grateful to the Minister for that, and I am happy to confirm that I will not be going anywhere on the last day for that reason. However, I am sure that if the Secretary of State waited until the last moment and if it then slipped his mind to request an oral statement, Mr Speaker would ensure, for the probity of the House, that he found a suitable opportunity—
Thomas Docherty
The Minister shakes his head. I understand that there might be some vacancies coming up at the Department of Health shortly. I think that he might be up for promotion, so I could not possibly comment on whether he would be on the Front Bench next to the Secretary of State for Health—although the Defence Secretary is a GP, of course, and would be eminently suitable as a Health Secretary, if such a vacancy were to come up. However, having to wait until 19 July—the last day before the recess—is frankly not a comfortable position to be in.
I understand why the Ministry of Defence did not wish to make an announcement during the period of purdah for the Scottish elections. When the right hon. and learned Member for North East Fife had a debate in the House on RAF Leuchars in January, the Minister of State made it clear that he did not wish to do anything that might upset the election results—I should point out to him that putting that decision off did not do the Lib Dems much good in North East Fife. However, we are now well past the Scottish elections. There is no particular reason why the Government could not come to the House now and announce the decisions that we know they have made.
The purpose of my new clause is to ensure parliamentary oversight of the decisions made by the Ministry of Defence. As I said earlier, we are talking about a unique set of closures. We have probably not seen anything like it since the days when Denis Healey was a Minister for the armed forces and we reconfigured and abandoned our positions east of Aden. Now, however, the decisions are being driven entirely by the Treasury.
The purpose of new clause 1, which thankfully I will not read into the record, is not to affect the way in which the Ministry of Defence gathers information. It does not seek to make the process more transparent or, as the Minister said earlier, to tie the hands of the Government so that they cannot carry out these processes. The new clause proposes that, once the Ministry of Defence has determined which bases it wants to close or realign—for example, by switching their use from the Royal Air Force to the Army, or, as we read in Scotland on Sunday at the weekend, by switching the Condor base in Arbroath from the Royal Marines to the Army—the decisions would be subject to two conditions. First, the Secretary of State would be required to lay a report before the House setting out not only his rationale for making the decisions but the weighting he has given.
Those colleagues who have attended the Adjournment debates on these matters here and in Westminster Hall will have noticed that there has been inconsistency between the views expressed by the various Ministers in the Ministry of Defence about what weighting is being given to each of the criteria: the Secretary of State, the Minister of State and the other Under-Secretary of State—he is the Minister for aviation, as far as I can tell—seem to have different views. One Minister will tell us that the finances are paramount; another will say that defence needs come first; yet another will tell us that the RAF’s needs are the most important, while another says that the Army’s needs are the priority. Then we get back to the arguments about the socio-economic arguments and the wider impacts of the decisions that the hon. Member for Moray (Angus Robertson) has mentioned. Those are all valid arguments, and the Ministry is right to consider the socio-economic factors, the financial costs to the Treasury and how best a base can be recycled for use by another service. However, that all needs to be done in a transparent and coherent manner.
Mr Robathan
I have huge sympathy for those who have been put in a position of uncertainty and, perhaps, adversely affected by the closure of bases. The hon. Member for Moray (Angus Robertson) has stood up for his constituents a great deal, and he has made the point that it is his job to make. I take that entirely on board. I am afraid I cannot say that we will change everything, but I will deal with his points later. First, however, I will deal with what was said by the hon. Member for Dunfermline and West Fife (Thomas Docherty)—and let me say for the avoidance of doubt that I do know who he is.
New clause 1 is very unwelcome at a time when we are trying to streamline the way in which the Government conduct operations. It would require the prior approval of both Houses of Parliament to any alteration in the function of, and any closure of, any of our bases anywhere in the world. As well as bases in the United Kingdom, it would affect bases in Germany, Cyprus, the Falkland Islands and Afghanistan. That would hamstring our operations. It would involve our revealing publicly our plans and, no doubt, a great deal of highly sensitive information so that the Houses could debate it.
Even assuming that the real intention of the new clauses and amendment relate only to bases in the United Kingdom, as I am sure is the case, I believe that the proposed action would be inappropriate. In practice, Parliament would be notified of any major base closures or realignments. The Department already undertakes a significant amount of consultation on stake sales with local authorities, interest groups, trade unions and local Members of Parliament. Notwithstanding the widespread view that we do not listen, I have undertaken consultation with local Members of Parliament about certain cases, not necessarily involving big bases but involving MOD sites. I have taken a couple of issues very much to heart, and am looking into them in detail. I assure the hon. Gentleman that it is not just a case of window-dressing.
Base closures and changes are already subject to a number of legislative requirements through, for example, planning consents and the need for sustainability assessments. Parliament already has ample opportunity to make its views about proposed major changes known to the Government, and Parliament and indeed the nation will no doubt hold the Government to account for the decisions that they make. We believe, however, that it must be right for the Government to make those decisions. Requiring advance approval would constitute an abandonment of the Government’s responsibility, and would make vital strategic decision-making impossible.
Thomas Docherty
I asked earlier what discussions the MOD had been having with stakeholders such as the Scottish Government and the Department for Education about school provision, which was clearly a huge problem. Are those discussions still taking place?
Mr Robathan
The Minister for the Armed Forces has been dealing with specific bases. I am afraid that I cannot give the hon. Gentleman the information for which he has asked, but I should be happy for him to meet me or, perhaps more appropriately, my hon. Friend to discuss the issue. I shall mention that to my hon. Friend, although he will spot it in Hansard in any event. Amendment 1, of course, is linked to new clause 1.
I did not know that the hon. Member for Moray had engaged in a discussion that seems to have continued for longer than he may have wished, but I think it important for us to get this right. Contrary to what people think, we care what happens not just to our service personnel but to the people who work in and around service bases, because it affects their lives. I am aware that the hon. Gentleman has taken a close interest in the review of defence basing and estates requirements over the last year, not only to represent his constituency interests but because RAF Lossiemouth has featured heavily in speculation. Given that the hon. Gentleman is his party’s defence spokesman, of course he is interested in what is happening in Scotland.
One of the problems with this new clause is to do with the Base Realignment and Closure Commission in the United States. The hon. Gentleman may have offered that before as a model that we should follow, but we take the view that the Defence Secretary must act in the best interests of defence—that is what he is appointed to do—and where defence assets and personnel are based must depend on strategic considerations for the security and defence of the United Kingdom and value for money for the taxpayer.
I acknowledge the hon. Gentleman’s enthusiasm for the process used in the United States, but in our parliamentary system the Secretary of State for Defence is accountable to Parliament in a way that does not apply in the United States. Members of Parliament can, and do, make representations directly to Ministers, and I assure the hon. Gentleman that those representations are heard. This is not pure window dressing, so I hope he, too, will not press his amendment to a Division.
Thomas Docherty
I will be brief, as an important set of new clauses are to be discussed next and I know colleagues wish to have a full debate on them.
I have been heartened by some of the Minister’s remarks. I did not agree with all he has said, but he nevertheless offered an eloquent defence of his position. I was particularly heartened by his offering me a meeting with his ministerial colleague, the Minister for the Armed Forces, and I will be delighted to accept that offer. In turn, I am sure he will be delighted to know that the Defence Committee has decided to undertake a review of the basing decisions in the autumn. I suspect he and his colleagues will therefore eagerly anticipate appearing before the right hon. Member for North East Hampshire (Mr Arbuthnot), who chairs the Select Committee, along with his Select Committee colleagues, including myself.
Based on the assurances I have received and the good debate we have had this evening, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 7
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.”’.—(Dr Huppert.)
Brought up, and read the First time.
John McDonnell (Hayes and Harlington) (Lab)
I want, briefly, to support new clause 7 and I also want to express my thanks to the Minister for his statement about improving the system. He seems somewhat surprised to get unanimous support—
John McDonnell
I can assure him that it will not last for long.
I also want to argue in favour of new clause 11. My new clause, like new clause 7, is based on the briefings that we have received from the Quakers and I pay tribute to them for the work they have done in raising the issues about the recruitment of under-18s into the military. I also want to thank Michael Bartlet for the work he has done in raising the profile of the issue over some time.
My new clause would simply end the recruitment of anybody under the age of 18, because I find it extraordinary that when it comes to military recruitment or their engagement in the military, we do not treat under-18s as minors. Legally, that is what they are. I therefore find it extraordinary that we allow children to sign up to involvement in the military, legally—currently—making a commitment for six years. They are minors, signing up to a process that could put them in harm’s way and which certainly puts them under a disciplinary regime and environment that has made a number of them vulnerable over the years.
For the record, I understand that there are currently 580 16-year-olds and 1,970 17-year-olds serving in the British armed forces. I have been surprised to learn from parliamentary answers and MOD information that between April 2007 and April 2010, three 17-year-old service personnel were deployed to Afghanistan and two to Iraq. I have also been concerned to learn, in answer to a parliamentary question, that on 1 December 2010, there were five under-18s serving sentences at the military corrective training centre at Colchester for having gone absent without leave.
John McDonnell
I think that new clause 7 would bring an immense improvement to current practices and I support it, but I object in principle to the recruitment of children into the military. For 13 years, I was the part-time house father of a children’s home when they were run as family units and one could pursue one’s own career while also operating as the father of a family group. In that time we dealt with a large number of young people from extremely disturbed backgrounds and prepared them for fostering into ordinary homes. A number of those who came to us were extremely vulnerable and I remember many of them going into military service at a very young age, almost because they were looking for the security of an institution because they had, frankly, been institutionalised as a result of their lives in care. At the time, I thought those young people were extremely vulnerable and were making the wrong decision. At the age of 16, people are too young to make that major decision to go into the armed forces and put themselves under a disciplinary regime that can result, as it has done, in a number of youngsters being put in corrective establishments. As I have said, some others have been sent to war zones. I would welcome a careful rethink from the Government about this issue and I hope that they will consider coming back with proposals to accept the measures in new clause 7 and to follow other European countries in phasing out the recruitment of children into the Army.
Mr Robathan
I am grateful to the hon. Members for Cambridge (Dr Huppert) and for Hayes and Harlington (John McDonnell) for their compliments. I am not used to that and, as the hon. Member for Hayes and Harlington said, I do not expect it to continue. Never mind. We enjoy these things while they happen.
I was interested in some of the comments that were made because I think the hon. Member for Cambridge is quite keen on reducing the voting age to 16, which seems not entirely at one with some of the things that were said during the debate. However, I shall not dwell on that.
Young people who join the armed services at the ages of 16 and 17 are a valued source of manpower—it is particularly man power in the Army—but we take the duty of care seriously too. When the subject was first raised with me, I had not appreciated that there was what we might describe as a certain element of confusion over whether people could leave at the age of 18. The situation is changing, but currently if a young man—they are typically young men—approaching his 18th birthday said that he was unhappy, he would be dubbed an unhappy minor and in practice he would be allowed to go after a cooling-off period. However, the situation is slightly confused.
People who go absent without leave do not necessarily do so because they want to leave the armed forces. The hon. Member for Hayes and Harlington might say that that is ridiculous, but sometimes people go AWOL because they have done something wrong and they do not want to face the music. There can be other reasons.
My hon. Friend the Member for Dewsbury (Simon Reevell) has spoken to me about the situation too and, after listening to people and to the debate in the Select Committee, it seems to me that it is important to clarify the position. As the hon. Member for Cambridge said, people will have a right to leave up to the age of 18. However, I am not saying that we want them to leave, so we shall give them a cooling-off period. It is likely to be longer than two weeks. It is a genuine change and will be enacted in statute, because it is right that people understand that they do not have to beg to leave; they have the right to leave, but we shall make every effort to dissuade good young people from leaving if we wish to retain them.
The hon. Gentleman asked about the time scale. People are currently informed of their rights and that will continue. The answer to his question is the old parliamentary expression, “We expect secondary legislation soon.” I hope it will be before the recess, but it may not be. I do not want to get it wrong.
I turn to people who are less satisfied, if I can put it that way, such as the hon. Member for Hayes and Harlington. We want good young people to join the armed forces and we get a pretty high quality of recruit these days, as I think the hon. Member for North Durham (Mr Jones) would agree. Prohibiting the enlistment of people under the age of 18 would be to the detriment of the armed forces. We take real pride in the fact that the armed forces provide challenging and constructive education, training and employment opportunities for young people.
Not all the young people who join the armed forces come from happy backgrounds. The hon. Gentleman talked about young people leaving care and joining the armed forces because they saw it as a way out of their difficult circumstances. It is important to bear that in mind.
I shall digress if I may, although it is absolutely germane to the discussion. Probably—notwithstanding other claims—the most decorated man in the British Army at the moment has two conspicuous gallantry medals, a George medal and an MBE. He is now a lieutenant-colonel. When I met him last year, he told me that he spent the night before he joined the Army, aged 17, in a police cell in Bradford. He will not mind my saying this because he told me quite openly—[Interruption.] I know; being in Bradford is a bit much—[Laughter.] Oh God, I’ve let myself in for a few questions now. Humour never translates on to the pages of Hansard.
That man decided that the future for him was either one that did not look very good and might involve further visits to prison and police cells, or that he would join the Army. He joined the Army at the age of 17 and he has not just made an outstanding career for somebody without great educational qualifications but, if I may say so, has made himself a role model for many people from disadvantaged backgrounds.
Mr Kevan Jones
Does the Minister agree that although there are such individuals, there are also many who go, for example, through the Harrogate college and gain qualifications, or through the excellent Welbeck college where they do A-levels? Not all are from the kind of background that he describes, although I accept that some are. Those colleges give them life chances and educational opportunities that they might not get elsewhere.
Mr Robathan
The hon. Gentleman is right. I could not agree more. We get some very high-quality people—I presented the prizes at Welbeck two weeks ago, and there is also the apprentice college, Harrogate.
Tessa Munt
I could not agree more that young people should be in college or in education of one sort or another. If that is attached to a military establishment, that is fantastic. Will the Minister confirm, however, that three 17-year-old service personnel were deployed to Afghanistan and two to Iraq between April 2007 and April 2010? I know that that is not very many young people, but the hon. Member for Dunfermline and West Fife (Thomas Docherty), who is no longer in his place, implied that in Committee he had heard evidence that that did not happen. I may be incorrect. Can the Minister clarify the position?
Mr Robathan
I think the hon. Lady has in her hand a parliamentary answer that I gave her on exactly this issue. Those cases occurred under the previous Government and it was a mistake in each case. Funnily enough, the young men involved wanted to go on operations. A mistake was made, out of 24,000 reservists, as we have just heard, deployed on operations Telic and Herrick. Thousands are deployed each year and I am afraid that mistakes are made. If memory serves me right without having the answer in front of me, I think that two of the individuals mentioned were within a few days of their 18th birthday, and one was found out and sent back. We try to rectify mistakes when they are made, but there are a large number of people and if they do not own up to their age, that can be a problem. We do not intend that that should happen and we will pursue the matter to make sure that it does not.
John McDonnell
So that we get absolute clarity, it is the unanimous view of the Committee, therefore, that no minor should be taken to a war zone. Let us get that on the record.
Mr Robathan
That has been policy since before I joined the armed forces, which I am afraid to say was in 1970. [Interruption.] No, not 1870. It was 1970.
I can assure the Committee that we recognise the need for special care in recruiting and training under-18s. There are currently no plans to revisit the Government’s recruitment policy for under-18s, which is fully compliant with the optional protocol on the involvement of children in armed conflict in the United Nations convention on the rights of the child.
Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
The Minister may have been about to answer my question. What action has been taken since the UNCRC 2008 report, which asked the Government to look again at their proactive policy of recruiting under-18s? [Interruption.]
Mr Robathan
I hear from a sedentary position the suggestion that perhaps the previous Government did not take any great action on that. We do not intend to revisit our policy on the matter. However, it is important to say that all service in the armed forces is voluntary, unlike in many other armies around the world. Furthermore, no person under the age of 18, because such a person is deemed a minor, can join the armed forces unless the application is accompanied by the formal written consent of a parent or guardian. As I have just said, our defence policy is that no such service personnel are knowingly deployed on any operation outside the UK that could result in their becoming engaged in hostilities. We take very seriously the duty of care of all recruits, particularly those aged under 18, who, inevitably, can be more vulnerable than some older people. This is not a partisan position, because we have inherited this from the last Government and it has run through several Governments.
To this end, parents or guardians of all younger personnel, as well as the applicants themselves, are given comprehensive written and face-to-face guidance on the terms and conditions of service and the right to discharge during the selection process, and will be when it changes. This occurs at various times before the parent or guardian provides formal written consent for the child to enter service.
In the light of that and our clear determination to give good careers to young people under the age of 18, be it for three or 30 years, I hope that the hon. Member for Cambridge will withdraw the motion.
Angus Robertson
The right hon. Gentleman makes a point that everybody should understand. Providing the information is not difficult. Governments here have done it, and Governments elsewhere around the world do it. Frankly, we would be in dereliction of our duty as parliamentarians if we did not try to inform ourselves of how the Department that we are trying to hold to account is spending our constituents’ tax money. How that informs our political priorities is a totally different matter, but the coalition parties made an express commitment to everybody in the United Kingdom that they would seek and deliver transparency. When it comes to defence statistics, they have reneged on that.
This is an opportunity for both Conservative and Liberal Democrat Members—and Labour Members if they have found their conscience on the issue—to understand that this is an important problem that is easily remedied. The new clause would allow that to happen, as it would force the MOD to provide and publish the statistics that we all deserve. That is why, unless the Minister agrees to publish the statistics, I will force a Division on this important issue.
Mr Robathan
Having listened to the hon. Member for Moray (Angus Robertson), I have to say that I thought his indignation was completely synthetic. What is important is how the money is spent, not how statistics are gathered, and I will put on record what we feel.
The Ministry of Defence has no plans to reinstate the publication of annual estimates of regional defence spending or the employment effects of that expenditure. The Department decided to stop the compilation and publication of those statistics three years ago. Although the statistics were valuable in giving national and regional employment context to defence spending, the data did not directly support MOD policy making and operations. Furthermore, the compilation of the series depended on external sources that had not been updated for some years. The MOD had been struggling to maintain the quality of the statistics even to a basic level. To reinstate their compilation would cost the Department about £500,000 in the next four years.
The purpose of the defence budget is to maintain the armed forces so that they can contribute to our nation’s security—a nation that includes, I am glad to say, Scotland and Northern Ireland. Every pound that the MOD spends must contribute to the security of the United Kingdom, and it gets doled out not on a regional basis but on a defence-needs basis.
Mr Dodds
I stand as a member of a Unionist party in Northern Ireland that is proud to be part of the United Kingdom, but this is not about being part of the UK. It is about the information that is available to Members of Parliament and the public. Surely the Minister should recognise that distinction.
Mr Robathan
Information on employment is quite readily available with a little bit of hard work, but I am afraid that we must consider the cost of compiling inaccurate statistics. The previous Government took their view, and we support it. Decisions on where personnel are based and which contracts are let to which firms are based solely on what is best for the armed forces and the defence of the realm. It is the duty of Government to ensure that the defence budget is spent wisely, maximising the resources available on the front line and ensuring that every pound counts.
Angus Robertson
The Minister points out that because a caveat in the coalition agreement suggests that the publication of some statistics is more expensive than the publication of others, he has a get-out-of-jail card in respect of publishing statistics on defence and the MOD.
Mr Robathan
I do not believe that the hon. Gentleman is being deliberately obtuse. The point is that the Government do not have all the statistics to publish, and compiling them would be extremely expensive—and, as I just said, they are becoming increasingly inaccurate. We do not compile statistics on everything.
Those estimates were difficult and intensive to maintain. They relied on analytical tables produced by the Office for National Statistics that have not been updated since 1995. As I have explained, the statistics did not support the MOD’s decision making. I have looked into how much it would cost to reintroduce the estimates and the cost is higher than the benefit to defence. My main focus, and our main focus, must be on doing what is best for the armed forces.
I note from previous debates on this subject that the hon. Gentleman is concerned that the cessation of those statistics will mean that a gap emerges in information on defence, particularly with regard to Scotland. It should be noted that assessments of the employment effects of MOD expenditure will continue to be undertaken for individual defence projects, and as part of the regional impact assessments that are conducted to inform MOD base closures. For instance, we know how many people are employed at specific bases—that is quite straightforward—but we do not compile huge tables of statistics that are of no great value. Decisions and policy in these areas will continue to use evidence about the employment impacts.
In the light of that, I hope the Committee rejects new clause 15.
Angus Robertson
I pointed out that the coalition parties made a pledge on transparency in their agreement. They said that they would provide all information on contracts of more than £25,000. I am sorry to say, however, that the Minister has suggested at the Dispatch Box that, somehow, the coalition does not have to live up to that commitment in defence matters. The commitment that the statistics would be provided was also given to me in this Chamber, but it has been reneged on. More importantly, Members of Parliament should have those statistics as a matter of course. The fact that the outcome of those statistics is unfortunate for decision makers in the MOD is no reason not to publish them. That is why I press new clause 15 to a Division.
Question put, That the clause be read a Second time.