Armed Forces Bill

Lord Russell of Liverpool Excerpts

Committee stage
Monday 8th November 2021 Grand Committee

[Baroness Lister of Burtersett (Lab)]

My Lords, the last time I spoke on this issue was in support of my late noble friend Lord Judd, who, as my noble friend Lady Massey said, was much admired and loved—and, I would add, is much missed. He brought to issues such as this his passion for social justice, which was unrivalled in your Lordships’ House. That said, my noble friend has made a powerful case today in introducing these amendments. Like her, I come to the issue from a children’s rights perspective and am grateful for the briefing from the Child Rights International Network.

I apologise that I could not attend the Second Reading debate but, reading it, it seemed that the Minister was rather flippant in her response to the noble Baroness, Lady Bennett of Manor Castle, when she raised this issue. The Minister dismissed the term she used, “child soldiers”, as

“a term that few of us in this Chamber recognise”.—[Official Report, 7/9/21; col. 775.]

Perhaps so but it acts as a reminder that we are talking about children, as defined by the UN Convention on the Rights of the Child, as has already been emphasised. The Minister may wish to point out that the convention does not prohibit enlistment of children under the age of 18. But the body which monitors compliance with the convention, the UN Committee on the Rights of the Child, has repeatedly called on the UK to raise the minimum age of recruitment to 18. The Joint Committee on Human Rights has in the past, including when I was a member, also questioned government policy on this matter from a human rights perspective.

The UN committee will be reviewing the UK’s progress on children’s rights again next year and has already flagged up Armed Forces recruitment in the list of issues that the review will examine. It has asked the Government to explain what steps they have taken to raise the enlistment age since the last review in 2016. The committee has also asked whether the minimum period of service for recruits aged under 18 is still longer than for adult recruits—a discrimination that Amendment 62 seeks to end. Surely we wish to be able to point to progress in this area since the last review.

As my noble friend underlined, it is important to remember the international context. She pointed to a clear positive trend: half a century ago, it was normal for state armed forces to recruit children; in most parts of the world, including Europe, it is now abnormal. This is a seismic shift at a global level that has already safeguarded countless adolescent children from the harm associated with joining the armed forces too early. Increasingly, the global consensus that children should be safeguarded from military work is denying political cover to less scrupulous countries than our own and armed groups which otherwise have no qualms about sending child soldiers into combat.

We have an opportunity here. A global ban on the use of children for military purposes used to be a pipe dream. Now, it is at least imaginable. At the moment, the UK follows the lowest legally permissible standard in the world by allowing enlistment from age 16, lagging behind others when we could be helping to lead the way—and it can be done. Noble Lords here will know much more about this than I do but, in contrast to the Army, the RAF and Navy do not recruit many under-18s. Historically, the Army has said that it needs younger recruits just to fill the ranks and when the issue was last debated, the then Minister—the noble Earl, Lord Howe—explained that the under-18s represented 15% of the Army’s inflow, which I found rather shocking. Given that the Army has downsized and, as I understand it, is continuing to do so, surely it does not need underage recruits any more. Can the Minister give us some up-to-date information on the trends in recruitment of those under 18, including what proportion of inflow they represent now?

It would seem that the transition to an all-adult Army could now be within easy reach. For the protection of children’s rights, here in the UK and globally, it is a step we should take.

[Lord Russell of Liverpool (CB)]

My Lords, it is a great pleasure to support the amendment of my friend and fellow member of the Parliamentary Assembly of the Council of Europe, the noble Baroness, Lady Massey. Like the noble Baroness, Lady Lister, I apologise for not speaking at Second Reading. At that point I had not had the irresistible invitation from the noble Baroness, Lady Massey, to support her on this. She and I have form when it comes to working on children’s rights. I put on the record that I am a governor of Coram, the oldest children’s charity in the United Kingdom, dating from 1739.

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[Lord Lancaster of Kimbolton (Con)]

That is a reasonable point, but none the less, the Church of England is actively targeting young people of a certain age to be recruited into an organisation. Okay, I say that slightly tongue in cheek, but there could be a discussion of what age is appropriate for young people to make an informed decision.

I begin by reminding your Lordships that there is no compulsory recruitment into the Armed Forces. All those under the age of 18 are volunteers, and we should take pride in the fact that our Armed Forces provide challenging and constructive education, training and employment opportunities for young people while in service, as well as after they leave.

The Armed Forces remain the UK’s largest apprenticeship provider, equipping young people with valuable and transferable skills for life. I declare an interest, because I applied to join the Army before the age of 18. I went through a regular commissions board and made an informed choice to join the Army when I was still a minor. Although I did not attend Sandhurst until shortly after my 18th birthday—a short course for the type of commission I was undertaking—I recall my time in the regular Army when I was a teenager with great pride and a sense of satisfaction. That may well be in part due to my posting to Hong Kong, where I received both a formal military education and a rather less formal liberal education in life—but that is another matter.

The minimum age for entry into the UK Armed Forces reflects the normal school leaving age of 16, but recognises, through the training offered, that participation in education or structured training remains mandatory until 18. In the services, all recruits who enlist as minors and do not hold full level 3 qualifications are enrolled on an apprenticeship scheme, unless their trade training attracts higher-level qualifications. All undertake structured professional education as part of their initial military training, and therefore automatically fulfil their duty to participate under the various education Acts. Many individuals who join under the age of 18 are not academic high achievers, although some are, and the duty of care and training that the Armed Forces provide enhance their self-esteem and prospects for the whole of their working life, within or without the services.

Let me be clear: our military is full of service men and women who freely admit that, had it not been for the structure, education and discipline that service life offered them as 16 year-olds, it is highly likely that their lives would have led them down an entirely different and less positive path. Joining the military at 18 would have simply been too late for them to make that positive change of direction in their lives.

In my experience, the military fully recognises the special duty of care that it owes to under-18s, and commanding officers continue to have that made clear to them. The recruiting policy is absolutely clear. No one under the age of 18 can join the Armed Forces without formal parental consent, which is checked twice during the application process. In addition, parents and guardians are positively encouraged to engage with recruiting staff during the process. Once accepted into service, under-18s have the right to automatic discharge at any time until their 18th birthday. All new recruits who are under the age of 18 and have completed 28 days’ service have a right of discharge within their first three to six months of service if they decide that a career in the Armed Forces is not for them. It is simply not in the interest of either the individual or the service to force them to stay where they are not happy to be.

MoD policy is not to deploy personnel under the age of 18 on operations. Service personnel under the age of 18 are not deployed on any operation outside the UK, except where the operation does not involve them becoming engaged in or exposed to hostilities. There is evidence to suggest that those joining at a younger age remain in service for longer and that under-18s in the Army achieve higher performance based on their earlier promotion. Evidence clearly shows that junior entrants are likely to serve longer and to achieve higher rank than some senior entrants, so the additional costs incurred in their training that noble Lords have mentioned reap considerable benefits for the service, the individual and society as a whole.

The services are among the largest training providers in the UK, with excellent completion and achievement rates. Armed Forces personnel are offered genuine progression routes which allow them to develop, gain qualifications and play a fuller part in society—whether in the Armed Forces or the civilian world. In the naval service and the Royal Air Force, initial military training is conducted on single-service sites and, because of the smaller scale, no distinction needs to be made in the training provided to those under 18. In the Army, phase 1 training for under-18s, the basic military training course, is completed at the Army Foundation College, where the facilities have been specifically designed for this age group. The training courses last either 23 or 49 weeks, both of which are longer than the basic over-18 course and dependent on the length of the subsequent specialist training.

The MoD’s duty of care policy for under-18 entrants is laid down in a defence instruction and covers the duty of care obligations of commanding officers. This is constantly updated, and I am the first to admit that I am probably now out of date, since I have left being a Minister for two years, but I am sure that my noble friend in her response will update the Committee on some of its current components to offer some reassurance as to how the military deals with that duty of care.

Equally, as I have mentioned, all recruits enlisted as minors who do not hold full level 3 qualifications are enrolled on an apprenticeship scheme, unless their trade training attracts higher-level qualifications. For example, as a Royal Engineer I trained to be a bricklayer and an electrician. The time taken to complete their apprenticeship varies according to the programme being followed, but completion rates are high. Additionally, while in service all Armed Forces personnel—subject to meeting certain qualification criteria—can claim financial support for education under the standard learning credit scheme and enhanced learning credit scheme.

To conclude, I believe that under-18s who chose to join the Armed Forces are an important and valuable cohort among those starting their military career. The MoD invests strongly in them and they repay that investment with longer service and higher achievement. The duty of care for that cohort is paramount and establishments are regularly inspected by Ofsted and achieve consistently good or outstanding gradings. The training and education are clearly first class and MoD policies on under-18s in service are robust and comply with national and international law.

Crucially to me—and I have seen this time and time again—joining the Armed Forces provides prestigious and respected career opportunities for young men and women who may not have achieved the same in civilian life. But there is no need to take my word for it. I would encourage any noble Lord seeking to support this amendment to visit the Army Foundation College in Harrogate and speak to the young service men and women themselves—because it is, after all, their future we are debating.

[Lord Russell of Liverpool (CB)]

Before the noble Lord sits down—

[Lord Lancaster of Kimbolton (Con)]

I have sat down.

[Lord Russell of Liverpool (CB)]

Could I just ask him—

[Lord Lancaster of Kimbolton (Con)]

I have sat down.

[Lord Russell of Liverpool (CB)]

Well, perhaps he might respond as this is Committee stage. I pay tribute to the Army training, because the noble Lord is certainly able to follow a brief and read it in a fairly military fashion and in a straight line. But if this is such a good idea, if it is so effective and productive for the children who enter the Army at the age of 16, why are we one of the very few countries in the world, and the only military force within NATO, to do this? What do we know that they do not? Why have we got it right and why have they got it wrong?

[Lord Lancaster of Kimbolton (Con)]

I think the evidence speaks for itself. I have attempted to outline some of that evidence, bearing in mind that for those first two years we offer first-rate training. We are the largest apprenticeship provider in the United Kingdom. We are giving life opportunities to young people who, without that discipline or training, may well have followed a different path. I am convinced through my experience of 33 years in the military, of visiting this college and of meeting young people who have been through their careers, will look me in the face and say, “Had it not been for joining the military, I would have ended up doing something awful on the streets of Portsmouth or London, or wherever. It is only through the opportunity that the military gave me at a young age that I became the man or woman that I have.” That, away from the MoD’s passion for young people, has to be the best reason why this should continue.

Armed Forces Bill

Lord Russell of Liverpool Excerpts

Report stage
Tuesday 23rd November 2021 Lords Chamber

Moved by

[Lord Russell of Liverpool]

28: After Clause 19, insert the following new Clause—
“The minimum term for service
In section 329 of the AFA 2006 (terms and conditions of enlistment and service), after subsection (2) insert—“(2A) Where time is prescribed under subsection (2)(c) by reference to number of years from the date of enlistment, the age of the person on that date may not be taken into account.””Member’s explanatory statement
This amendment ensures that soldiers aged under 18 are not required to serve for a longer period than adult personnel.

[Lord Russell of Liverpool (CB)]

My Lords, I shall speak to Amendment 28. I do so in place of the noble Baroness, Lady Massey, who would otherwise be here, but is indisposed. I thank her for having introduced this amendment and another one so ably in Committee.

In Committee, this was grouped with another one that came before it which talked about trying to achieve a total cessation of the recruitment of under-18s by the United Kingdom, a practice that we are singular among all the members of NATO in pursuing. In the event, because the two were grouped together, the former amendment took about 98% of the airtime of the debate and there was very little discussion of this one, which is in part why we have decided to bring it back here for debate today. I emphasise that this is for debate; I do not intend to divide the House.

I will try, together perhaps with some other noble Lords who have put their name to this amendment, to put a case for the Government to look very carefully at their current practice of asking junior entry soldiers to serve two years more than entrants at age 18. This is to see whether this is the right thing to do in the first place and, more profoundly, whether the entire approach to junior entry is fit for purpose.

In Committee, the Minister made it very clear that, up until their 18th birthday, junior entrants have a statutory right to ask for discharge. However, after 18, they are in for four years and, under the current system, no allowance is made for the first two years at the Army Foundation College in Harrogate. A judicial review in 2015 concluded that this is unequal treatment in law, but is not unlawful, since the Equality Act 2010 exempts the Armed Forces from its prohibition on age discrimination.

In 2015, the Army carried out a review and estimated that, if it equalised the minimum service period for all recruits, it would have to recruit and train approximately 40 additional personnel each year to compensate for the relatively small number of junior entrants who might choose to leave after four years. To put that into context in 2015 terms, 40 personnel would be 0.5% of the Army’s enlisted intake for that year, which totalled 8,020 individuals. While the Navy and Air Force both take on a small number of junior entrants, neither service chooses to discriminate in the same way as the Army.

The 2019 junior entry review, undertaken following a recommendation from the Defence Committee in another place, suggested an amendment to the terms of service to a Type S engagement, whereby 18 year-olds can either opt to leave or convert their engagement to a short career versatile engagement, which would recognise the first two years of service and count towards the four years’ minimum length return of service.

The review recommended that this approach be considered, saying that it

“could be deemed a positive change”

and was

“unlikely to be contentious”

to either a junior entry cohort or their “gatekeepers”—I assume that means the staff at Harrogate, although I am not sure how they would feel about that term. The review continued that

“any move to implement”

the new terms of service on leaving the Army as an under-18 year-old

“would make the process … more transparent, which would bring an increase in the confidence of recruits and their gatekeepers.”

Its only caveat was whether this would enable the Army to achieve its desired manning balance along with other assessments of length of service.

In light of the announcement this year that the Army will be further downsized by 10,000 troops, does the Minister agree that this would be an opportune moment to institute the proposed new terms of service and put the matter to rest? Will she tell the House what the Government’s current thinking is? Can she inform us on any actions or, if not, tell us how she might consider progressing this? Will she undertake to come back to the House and report on any progress and timings?

There are two further issues I want to explore to test the MoD and Army’s thinking on the current junior entry structure and content. First, in 2021, is it recruiting the right people for today’s and tomorrow’s Army? This Government and our current, rather busy, Home Secretary frequently refer to an immigration policy that should be focused on attracting and admitting “the brightest and the best”. At the same time, the Army is increasingly conscious that it needs to recruit more young people who are interested and competent in STEM studies and in furthering their education, particularly the sort of technical education that the Army of tomorrow will need to manage challenges such as cyber warfare and the use of artificial intelligence.

--- Later in debate ---

I am probably not providing the answers that the noble Lord, Lord Russell, wanted to hear, but that is the Government’s position. I hope that, with that explanation, he will feel able to withdraw his amendment.

[Lord Russell of Liverpool (CB)]

My Lords, I thank the Minister for her response and all noble Lords who took part in this brief debate. I must confess that, as I listened to the Minister and I reflected on her response to the previous amendment, I was reminded of the saying that is often used about ourselves and the United States of America, which is that we are two countries divided by a common language. On many occasions I felt that the discourse coming from all sides of the House seemed to be of a different nature or dialect from the response we received from the Front Bench.

To be clear, Committee saw an end to the argument—certainly for this Bill—about the rights and wrongs of recruiting junior entrants at 16. That is not what we are talking about.

The point I was trying to make was to probe the Ministry of Defence on whether it has actually thought and reflected on whether what it is currently doing with its junior entry programme is fit for purpose. I could imagine that, if you are dyed deep blue right the way through and support the Conservative Party, you might regard the Army Foundation College as a particularly wonderful example of what is known as “levelling up”. It is taking a cohort of young people, primarily young men, from difficult neighbourhoods and complicated backgrounds, who are completely unenthused by conventional education and find attraction and allure in going into the military.

But, as we have seen from the evidence, the process the Army goes through to select these individuals appears to be seriously flawed on two counts. First, as we heard from the independent appraisal, the number of young people who are leaving within days of arriving in Harrogate does not speak very highly of the efficacy of the recruitment process. So at the very least I think the Army should look carefully at that.

The second point I come back to is more fundamental. The noble Baroness, Lady Smith, echoed my appeal to try and think of a junior entry programme that is fit for the 21st century rather than the 19th century. I have every sympathy with the cohort in question, which takes up 70% of the intake. But the size of our Army is reducing and the technical challenges we are faced with are increasing. Your Lordships may have read about this slightly alarming supersonic missile that has apparently gone around the world at five times the speed of sound and apparently has the Americans very rattled. That is the state of the world we are moving into and, with the best will in the world, even the most outstanding students among the cohort the Army is currently recruiting from are unlikely to be of great help in trying to deal with the sort of warfare that the remainder of the 21st century may expose us to.

I do think there are some fundamental questions that the briefing notes—which the Minister has followed assiduously—do not seem to have prepared her for. So what I would ask her to do is, at a minimum, reflect on some of the comments that have been made, particularly some of the more profound questions about looking at the current junior entry strategy, and try to see whether it is fit for purpose.

At the very least, I would have hoped there was an acknowledgement in the briefing of the junior entry review that was conducted at the request of the Defence Committee in the other place, which had inside it a suggestion of new terms of service that would solve what this amendment asks for. The fact that it was not even referred to, either in her briefing notes or in her response to me, is disappointing, and I would ask that she and her officials look carefully at the content of what has been discussed, isolate those questions that have been asked and undertake to write back to us with answers. I would be most grateful. In the meantime, I beg leave to withdraw the amendment.

Amendment 28 withdrawn.