Army: Helicopter Pilots
Lord Touhig Excerpts(8 years, 1 month ago)
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Earl Howe
I can only agree with my noble friend—these stories are damaging. At the same time, the Army is very aware of the need to retain and, indeed, recruit skilled personnel of this level. It has been careful to adopt a case-by-case approach when overpayments have occurred, taking account of people’s individual circumstances when they are brought to its attention; certainly, that includes hardship where necessary. What we are now hearing in general from Army pilots is that they like what they see in the package available to them, in terms not only of pay but how their skills are being used. Many are signing up now for five years.
Lord Touhig (Lab)
My Lords, when I served as a Wales Office Minister, officials came in to tell me that a Harrier jet had crashed into the sea off west Wales— a very expensive piece of kit was lost but a more expensive pilot was saved. The point is that we invested more in the pilot than in the plane. I cannot for the life of me understand why the Government would be prepared to lose some of our most experienced and expensively trained Army helicopter pilots over this overpayment issue. I hear what the Minister has said and hope that the Government will use some common sense and, if necessary, write off this debt rather than lose these very skilled servicemen—or perhaps the Government will prove that my late mother’s advice to me when I was young was correct. She told me that in life, I would find that sense was not that common.
Earl Howe
My Lords, I take the noble Lord’s point about common sense. At the same time, he will realise that this is public money; it cannot simply be written off in bulk. Having said that, each debt will be dealt with individually and recovered over a long period. Recovery from serving personnel commenced in January, less those that have submitted an objection to recovery, and we have not seen anyone cite this issue as the reason for leaving the Army Air Corps since that recovery process started.
Refugees and Migrants: Royal Navy and NATO Interception in Mediterranean
Lord Touhig Excerpts(8 years, 2 months ago)
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Lord Touhig (Lab)
I thank the Minister for repeating the Answer to the Urgent Question in the other place as a Statement. It is right that we should do everything possible to help these poor people who have already suffered so much and now risk their lives again trying to make the sea crossing between Turkey and Greece, but will the Minister say more about our role?
The Statement said that the Royal Fleet Auxiliary “Mounts Bay” will be supporting NATO monitoring and surveillance tasks. Will the Minister confirm that “Mounts Bay” will be picking up refugees whose boats are at risk of sinking, if we encounter such craft? What will happen then? There are no international waters in that part of the Aegean. If we pick up in Greek waters, do we take the refugees to Greece; and is it the same if we pick up in Turkish waters—do we take them back to Turkey. Do we disable, impound or even sink the boats from which we rescue people? “Mounts Bay” will be supported by three Border Force boats—is it correct that we have just five? Where will the three for this operation come from? Are any coming from our own territorial waters? Are the other two vessels at sea or being repaired? Finally, will the Minister say more about the overall NATO plan to bring to an end this evil exploitation of migrants’ sufferings?
Earl Howe
My Lords, I am grateful to the noble Lord, Lord Touhig, for his questions. The principal role of “Mounts Bay” will be to gather information and provide it, for example, to the Turkish coastguards to help them intercept migrant boats in their territorial waters and return those boats to Turkey. That can happen straightaway. In cases where RFA “Mounts Bay” needs to come to the rescue of a migrant boat in distress, we are working with the relevant authorities in order to get to a position where we can carry out returns.
The noble Lord is absolutely right to talk about the origins of this crisis. We believe we need to take a tougher approach in order to stem the flow of migrants into the EU. While the NATO deployment is currently a support and surveillance mission—it is important to emphasise that: it is not a search and rescue mission—we are considering the practicalities and legalities of returning any rescued migrants to Turkey. These are complex considerations, particularly given the various territorial waters. Discussions are ongoing today at the EU-Turkey summit, and Parliament will be updated in due course.
We are not alone in the efforts that we are contributing. The NATO operation is under German command. The German command ship FGS “Bonn” is already in the area. It will be supported not only by “Mounts Bay” but by a Canadian escort, the HMCS “Fredericton”; a Turkish escort, the TCG “Barbaros”; and a Greek escort ship, the HS “Salamis”. The key thing will be to spot the migrant boats as soon as possible after they leave the Turkish shore, and preferably before they do so. That, of course, is the role of the Wildcat helicopter and the other helicopters in the area. I shall need to write to the noble Lord on some of his detailed questions about the exact location of the other British ships that I mentioned.
Armed Forces Bill
Lord Touhig Excerpts(8 years, 2 months ago)
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Lord West of Spithead (Lab)
My Lords, I did not intend to speak on this, but I will say a couple of words—not that I try to eat my 6,000 to 8,000 calories a day. That is a real issue, but we are not on operations. I will speak on the concern that the noble Earl, Lord Attlee, expressed about cohesion. There is something in that. In the Navy we are all right. We are on ships and it is not pay as you dine—the food is there and we all eat together. When they are ashore and living in a barracks or a mess, compared with the old system where people went to the mess hall and all ate together, they now, instead of having barrack rooms, have individual cabins, which are much nicer, of course. There is a real danger of a lack of social cohesion. To be quite honest, I do not think there is anything that can be done about it. We have to move down this route, but it is right to be raised as an issue. Certainly, very junior ratings living independently in single cabins have to have particular care taken of them by their divisional officers, because they do not have that factor of living with other chaps and other people to help to support them. That needs very close looking at.
Lord Touhig (Lab)
My Lords, we all agree that having a healthy meal and good food inside us is important for increased productivity and performance. Not for nothing did Napoleon say that an army marches on its stomach. In the Armed Forces, being able to perform at your best is paramount to the role of those we ask to serve our country. Labour introduced the pay-as-you-dine scheme for the Armed Forces in 2006. I cannot remember whether I started it as a Minister, but I was certainly around as they were planning it. As noble Lords will know, I left the ministry soon after that, but that is nothing to do with this piece of legislation.
If required, service men and women who are single and live in service accommodation pay for their own meals when not on active duty, meaning that they would pay only for the meals they actually eat. Under the pay-as-you-dine system, they are responsible for their own meals and making healthy choices, which the Ministry of Defence encourages.
There have been many concerns about the scheme. Some report that it disadvantages the lowest paid in the Armed Forces, as they often run out of money to pay for their food at the end of the month. Others are concerned that individuals may not be following a healthy diet as a result of choosing and cooking their own food, and some, as is highlighted in the noble Earl’s amendment, are concerned that pay as you dine leads to a decline in camaraderie, as personnel of all ranks are not all eating together any more and are instead eating alone or in small groups. I do not want to say more about these concerns at this stage, although I recognise they are perfectly legitimate and should be addressed.
I suggest to the noble Earl that if he is not successful in persuading the Minister of the merits of his amendment, he should press for the information he is seeking to be included in the Armed Forces Covenant Annual Report. That comes out every year. We would then not need primary legislation. It would mean it would be reported every year, people would see it, it would raise the profile of the issue and some of the noble Earl’s concerns could then be better addressed. The Armed Forces covenant is our obligation to the military, and it is likely that this issue will get greater attention if we were to do it that way.
Earl Howe
My Lords, I welcome the initiative of my noble friend in reminding us that the health and well-being of our Armed Forces are especially important. Pay as you dine was adopted by the Armed Forces in 2005, as the noble Lord, Lord Touhig, mentioned. It replaced the deduction of food costs taken directly from pay at source, regardless of whether meals were taken or not.
At the moment, catering is provided for under the catering, retail and leisure contracts. Our industry partners are required to provide a core meal at each meal service of the day. Food is charged at cost, and contractors do not make a profit on the food they provide. Core meals served at breakfast, lunch and dinner provide a nutritious and balanced menu cycle. Throughout the day, when taken at each meal service, core meals provide 3,300 calories per day at a daily price of £4.79. A range of alternative meal choices is also available outside the core meal price.
We believe it is important to give service personnel the choice about how and where they spend their money with regard to food. We fully recognise that sometimes service personnel like to take their meals in a different environment, to visit their local shops to choose what they want to eat and even to cook their own meal. We have no reason to believe that this has a detrimental effect on unit cohesion, although I would not seek to belittle that as an important issue.
However, we recognise that some service personnel are not good at choosing a healthy diet, whether they are living in single living accommodation or not. This is, of course, not a problem that affects just the Armed Forces—it is a reflection of wider society and there is much concern about unhealthy lifestyles generally—but we aspire to bring about change and we acknowledge the need for members of the Armed Forces to be better informed.
We are therefore working in partnership with Public Health England to produce some lifestyle guidance for service personnel. In parallel, the services are developing a new programme to educate personnel in healthy lifestyle choices, including diet and nutrition, and encourage a change in their behaviours. Dieticians, general practitioners, physical development experts and public health consultants are among those who have contributed to this work. I will write to the noble Baroness, Lady Jolly, on ration packs.
I thank my noble friend for his interest in the pay as you dine system, but I do not believe his amendment is necessary. However, there is no sense of complacency here. Various assurance activities related to the system take place, including contract monitoring, site visits, reviews, customer engagement and assurance by single-service catering subject-matter experts to evaluate and improve the service provided. I hope that, with that measure of reassurance, my noble friend will feel able to withdraw his amendment, but naturally, if he feels that there is any more information I can provide him with, I shall be happy to do so.
Viscount Slim (CB)
Just to give noble Lords an example of an incident that might have involved an inquest and lessons learnt, in Korea, in an hour and a half, my battalion lost about—I am giving approximate figures as I do not remember them—probably nearly 30 dead and slightly more than 70 wounded. The reason was that during the battle, when we called for air support, we got some excellent American pilots, but they bombed us with napalm, instead of the enemy. We would call that “blue on blue” today, and you would have an investigation. Of course, it encouraged the enemy, who were the North Koreans at that time, to put in a counterattack, so we really had a very unpleasant time for a couple of hours. In those days, when we had a good number of soldiers, we had a reinforcement system, at the back of the Korean peninsula and in Japan, that sent you, within 24 hours, fully battle -trained soldiers to replace them—and we got about 100 or 110 good new soldiers.
Today, someone would want to have an inquest about why we were bombed. The chaps made a mistake, we had all those casualties—what use is an inquest? You have to get on with the battle. Lessons learnt—well yes, we can learn a lesson in 20 minutes about how to improve on what went wrong. In those early days of close air support, it was a lengthy process—not like today, when it is almost instantaneous. The military is the first to make amends for, and take decisions about, what went wrong and put that right. I do not see how a coroner with no military experience looking at that disaster would have helped at all. You must get on with the war.
The noble Earl was right to talk about what happens when a chap you have with you and who is your responsibility is killed. As the noble Lord, Lord West, said, you write to his mother, father, wife, daughter and whoever there is, and I am not sure that you write just a little—you write quite a lot. Those are the hardest letters to write of any kind. When everyone else is having a night’s sleep, you are up all night writing those letters—it is not just one. The commanding officer will write and so will his platoon or company commander. The wretched widow, mother or whoever gets two or three letters. On the whole, because you must explain how and why the son was killed, you write rather fully. You write in your own hand. When there are 30 of those letters to write, that is quite difficult. Do not tell me that the odd tear does not come down from the officer writing them.
Inquests play into the hands of the opposition nine times out of 10. On lessons learnt, nobody learns them quicker than the Army, Navy or Air Force.
Lord Touhig
My Lords, I will be brief. This debate is very important and shows that there has been a degree of overlap between inquests into the death of an individual and inquiries into perhaps wider problems that have arisen in conflict.
I spent 27 years working in newspapers and publishing before entering the House of Commons. I know only too well from my time as a young journalist covering inquests how important they were to a grieving family who had sometimes lost a loved one in the most tragic circumstances. With that experience of observing, I am not sure that inquests brought closure to a family coming to terms with a sudden and unexpected death but I have no doubt that they contributed to a sense of healing and understanding that the family was desperate for—an understanding of what happened and why some tragic death occurred to a son, daughter, husband or wife.
To no other group is that more important than to service families. A service family worries and frets as soon as its loved ones are sent on deployment somewhere in the world to defend Britain’s interests. We all agree that we have a duty of care to those who serve in our Armed Forces but we also have a duty of care to the families of those who serve. The noble Lord, Lord Thomas of Gresford, made clear that this is a probing amendment, really seeking to find out more about the present way in which these things operate. That is important and this is a step in the direction. It is fully supported on this side.
Earl Howe
My Lords, I found this an extremely interesting debate and I thank the noble Lord, Lord Thomas, for his proposal and his interest in ensuring that the death of a service person such as described in his amendment, where that tragically occurs, is reported to a coroner quickly for thorough investigation.
I listened with care to the views expressed by my noble friend Lord Attlee and the noble Viscount, Lord Slim, putting the opposite case. Our view is that reporting a death to a coroner is no more than the families of those killed in these circumstances deserve. The first thing I would like to do is reassure the noble Lord that the Ministry of Defence works hard to support coroners in all investigations connected to the Armed Forces. I am very happy to outline the current system, and I hope that I can reassure the noble Lord that that system is working well.
As I am sure the noble Lord will be aware, in the United Kingdom, where the death of anyone—whether subject to service law or not—is believed to have occurred by violent or unnatural means, there are already requirements in relevant legislations in England and Wales, Scotland and Northern Ireland for those deaths to be reported to the coroner or equivalent without delay. Naturally, the Ministry of Defence complies fully in the case of Armed Forces deaths, wherever and however these occur.
In England and Wales and in Northern Ireland, where the coroner believes a death to have occurred as a result of violent or unnatural means, the relevant legislation requires him or her to conduct an inquest. In Scotland, the procedure is called a fatal accident inquiry. I should just make clear that an inquest is an independent judicial inquiry conducted in England and Wales by a coroner into the facts surrounding a death that is sudden, unexpected or unnatural. Her Majesty’s coroners have a vital task giving certainty and reassurance to the bereaved and meeting the public interest by determining the facts of death where the circumstances were violent, unnatural or unknown. The Ministry of Defence will provide as much support as the coroner needs, and the Defence Inquest Unit has an important role in offering that support.
In recent years, a number of measures have been introduced to improve the inquest process for bereaved families of service personnel. These have included, in particular, measures to tackle delays in cases coming to inquest, including completion of inquests within six months wherever possible and flexibility to transfer investigations to another coroner. With regard to deaths of those serving overseas, there is a similar requirement, under existing legislation, for the authorities to notify the coroner. Once the deceased has been repatriated to England and Wales, the coronial process runs the same way as a death that occurred here.
The noble and learned Lord, Lord Hope, helpfully reminded us of the arrangements that applied in Scotland. The noble Lord, Lord Thomas, will, I am sure, be aware that until recently, not all service deaths in Scotland would have been subject to a fatal accident inquiry by the Crown Office and Procurator Fiscal Service. However, with effect from 14 January 2016, the introduction in Scotland of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ensures that all unnatural or violent deaths that occur as a result of a person’s duties will be subject to a fatal accident inquiry.
Concerning the scope of a coroner’s inquest, this is determined by the individual coroner on the basis of the evidence available to him or her. Where a coroner considers that the deceased’s right to life was not protected by the state, then the coroner is required to widen the scope of the inquest—or fatal accident inquiry in Scotland—to investigate the broader circumstances of the death. The Ministry of Defence will do everything possible to support the coroner, whatever the scope decided upon.
I hope that I have explained that the legal framework that the noble Lord’s amendment is aimed at achieving is already in place. I listened with care to my noble friend Lord Attlee’s concerns and those of the noble Viscount, Lord Slim, about the utility of inquests into the deaths of those subject to service law. I hope that they will allow me to reflect on what they said and to write to them with my considered observations. I will, of course, copy my letter to all noble Lords who have taken part in this debate. With those remarks, I hope the noble Lord, Lord Thomas, will agree to withdraw his amendment at this stage. Of course, if I can supply him with any further information on this subject, I would be glad to do so.
Lord West of Spithead
My Lords, we know very well that women can be amazingly brave. We have always been willing in wars to let them die. Indeed, when I did my study into the employment of women at sea, it was quite clear that they could do all the jobs in ships at sea. Indeed, quite often they were better at some jobs than young men, particularly some of the computer work that was being done. However, there is a concern when it comes to hand-to-hand fighting and the like. With a volunteer force, we will have to allow women to become part of the infantry and the Royal Marines. What we must not do is lower the physical standards. There must be no lowering of them, so it will be a small number of women who can do that. Certainly, my judgment of women is that a lot of them are probably far better at killing people than men are, so I do not think that that is a problem, either.
However, I have a concern. One speaks in generalisations about training and other things. As I said, we must not lower that standard. When we talk in generalisations, women have 30% less upper body strength than men. That is across the whole population. Yes, in this volunteer service we will get away with this, but we must not let it affect operational capability or cause us too much of a problem administratively because too few women will be able to do it and therefore one makes special rules and it becomes administratively very difficult. Again, it comes to this business where, one day, we will have a war again, I fear—no one can predict it—and in the case of a general war, would we in this country conscript women as well as men into the infantry? That is an interesting question. That is all I have to say on this subject.
Lord Touhig
My Lords, more than 20 years ago, as a parliamentary candidate in Richmond in west London, I addressed a Labour Party women’s group, telling them that as a country we wasted a small fortune on educating girls and women at all. Before they could leap from their seats and warmly shake me by the throat, I went on to say that as a man, I had a family and a career but all too often women were denied this and had to make a choice of having one or the other. We spend a fortune on their education and then put barriers in their way to having a career and a family. For me, that is plain wrong.
Thankfully, as time has passed, more and more opportunities exist for women to enjoy the same lifestyles as men and to have a family and a career, but we are still far from achieving true equality. Where we can take steps to achieve this, we should do so. I therefore welcome the Government’s initial commitment to allowing women to serve in front-line roles in the Armed Forces. This amendment would prevent that and would deny a fit, well-trained, skilled and experienced woman combatant the same career progression as her male counterpart. This will always be a controversial and complex matter, as my noble friend Lord West pointed out, but if we are serious about the equality agenda we cannot deny women the same role that we offer men.
Throughout history womankind has played an exceptional and extraordinary role in our development, almost always against the odds and facing prejudice. Some would argue that in affording women this opportunity we are setting a precedent. Yes, we are—about time, too. I have no doubt that the first human who stood up straight and started walking on two legs was watched by those still on all fours, who tut-tutted and complained that this was setting a precedent. They were proved wrong, and I very much regret to say to the noble Earl, Lord Attlee, for whom I have the highest regard and respect, that I believe that his amendment is wrong, too. On Monday in the House we will debate a Motion to take note of the progress made in the United Kingdom in women’s representation and empowerment, 150 years after the 1866 petition to the House of Commons for women’s suffrage. It is about time we caught up—especially in the Armed Forces.
Earl Howe
My Lords, the amendment proposed by my noble friend would have the effect of excluding women from those roles in the Armed Forces, where the primary aim is to,
“close with and then engage or destroy the enemy in close combat”.
As I know my noble friend agrees, women play a vital role in the Armed Forces, with 70% of all posts being open to women. Women have made and continue to make a valuable contribution to current and recent operations, including Afghanistan. They are fundamental to the operational effectiveness of the UK’s Armed Forces, bringing talent and skills across the board.
My noble friend asked whether there was a target for the percentage of the Armed Forces who should be female. The answer is: yes, the Ministry of Defence has a target for recruitment of women into the Armed Forces of 15%. As at 1 October 2015, 10.1% of the Regular Forces were female, and that has remained stable since 1 October 2014. So we have a way to go in this area.
Women already serve in a variety of support roles with front-line units, including as medics, fire support team commanders, military intelligence operators, counter-improvised explosive device operators and dog handlers. Under the Equality Act 2010, the Armed Forces are permitted to exclude women and transsexuals from employment in some areas where it is necessary and appropriate to ensure that the combat effectiveness of the Armed Forces is maintained. However, under the equal treatment directive, the UK Government are obliged to review this exclusion every eight years. To that end, studies were conducted in 2002 and 2010. Women are currently excluded from 30% of posts in the Army, 21% in the Royal Navy and 6% in the Royal Air Force. The units of the Armed Forces that are affected by this are the Royal Marines general service of the Royal Navy, the infantry and the Royal Armoured Corps of the Army, and the Royal Air Force Regiment.
In May 2014, the then Secretary of State for Defence announced a review of the exclusion of women from ground close combat roles. The review was led by the Army and it was completed that year. The review achieved a considerably better understanding of the physiological considerations than existed previously, due to significant improvements in the accuracy of data available and the fact that the military female cohort is both larger and more representative than that available to previous studies.
While defence welcomes the prospect of opening further military roles to women, the findings of the 2014 review identified that further physiological research is required into the high physical demands inherent in ground close combat roles and the associated potential impact on women’s health. To lift the exclusion without doing this research could place women at risk of personal injury. The physiological research programme is now examining the challenges and risks of including women in ground close combat roles in order to inform a final decision.
I need to make it clear to my noble friend that the women in ground close combat roles review follows the principle that all roles should be open to women unless it can be demonstrated that the exclusion was necessary to maintain combat effectiveness. Therefore, in the event that the exclusion is lifted, any woman serving in a combat role will have passed the physical tests and training to be there in her own right. I can reassure my noble friend on one important point. The requirement to maintain combat effectiveness remains the paramount consideration. Training standards will not be lowered in order to accommodate women and this, in turn, will ensure that the combat effectiveness of ground close combat units is maintained.
The Prime Minister and the Defence Secretary are united in wanting to see all roles in the Armed Forces opened up to women. In answer to the noble Baroness, Lady Jolly, I cannot be precise on dates, but the decision on whether or not women should be allowed to serve in ground close combat roles is expected by the middle of this year. I hope that this explains our position and, in view of what I have said, I hope that my noble friend will agree to withdraw this amendment.
Baroness Jolly
My Lords, I add my congratulation to those of other noble Lords to everyone who campaigned for this so hard and for so long. It seems that these last few sufferers were almost proving elusive. I am delighted that the Government announced that they will bring them into the scheme. The British Legion has also been hugely active in this regard and deserves congratulation, too.
The noble Lord, Lord Alton of Liverpool, showed remarkable tenacity in all this, particularly today, and in his quest for research funding. As noble Lords said, research is critical. On that point, it is worth mentioning for the Committee—and the noble Lord, Lord Alton—that the NHS does not record employment. A veteran goes to sign up the day after he or she leaves the services and the NHS takes their name, address, number and whatever. That is something else he might need to think about. It is not just in this area that the NHS recording employment would be really useful. It would help with research, treatment and, in some cases, diagnosis. There is work still to be done there.
Although I welcome this amendment, the devil is of course in the detail. Tough decisions always have to be made about the lump sum balanced against the annual income from war pensions and anything supplementary, multiplied by the life expectancy of a partner. I would like to quiz the Minister slightly on how this will be managed. Will people be given advice and support? If that comes from within the Veterans Welfare Service, which is part of MoD, how can that advice and support be seen to be independent?
Lord Touhig
My Lords, I do not intend to repeat the very important questions put by other noble Lords. I just add one brief reflection. I spent a great many years when I served in the other place helping to deal with compensation claims from former miners for illnesses they suffered as a result of working underground. For several years, I chaired a committee set up by my noble friend Lord Murphy of Torfaen when he was Welsh Secretary and I was his deputy. We sought ways to speed up the system of payments. I had more than 500 cases in my own constituency of Islwyn and more than £50 million was paid out in compensation. We had to overcome all sorts of difficulties, but we worked at it and did it. However, that job was unfinished. Try as we did, we could not persuade the Government to compensate workers on the surface who were often exposed to more dust than those working underground.
I was moved at Second Reading when my noble friend Lord West of Spithead spoke for the small number of mesothelioma sufferers who did not meet the qualifying date to be included in the compensation scheme. It would now appear that that has been corrected, and I pay tribute to him and the noble Lord, Lord Alton, for the work they have done on this. The Government have listened. That is not a bad thing. I am the first in line to congratulate them on listening and acting.
Earl Attlee
My Lords, I am grateful for the progress that has been made by the Government in expanding the scheme. When I supported my noble friend Lord Freud with the Mesothelioma Act, I could not understand why it was not extended to MoD personnel. My question to the Minister is about research. Many noble Lords raised the issue of research, which could have very great benefits. What lines of research are available? When I was with my noble friend Lord Freud, I understood that there were not that many good avenues for research. I have not found any areas of research that might provide some benefits.
Lord Thomas of Gresford
The Minister will recall that I asked a Question on this topic two or three weeks ago. I support the amendment proposed by the noble Lord, Lord Hodgson. There is a danger, when we are concerned with a definition of UK deployment that includes,
“any airstrikes carried out by UK personnel operating manned or unmanned aircraft”,
that we may forget that we are part of a coalition under joint command. It is a joint operation and, in such a situation, we cannot say that we are responsible only for these bombs but not for other bombs dropped by other countries under the same command as ourselves. This country is bound legally and morally by the activities of all those operating in the coalition. We carry that responsibility for the deaths and maiming of civilians, whoever’s bomb it is. Civilians do not care whose bomb it is if they are maimed. If it is under joint command, we have a responsibility.
Lord Touhig
My Lords, living as we do in a time when news reporting is constant, continuous and around the clock, the public rightly expect Governments to be the same, especially when reporting on conflicts in which our Armed Forces are engaged. Parliament and the British people have the right to be kept informed about not only what happens to our forces but also the impact our actions might have on civilians in the conflict zone. The Government currently report on civilian casualties in a number of different conflicts that we are involved in, including Iraq, Syria, west Africa—the Ebola response—and Afghanistan. That is the right thing to do. It demonstrates openness, transparency and proper regard for the loss of life that inevitably occurs in conflict, whether military or civilian deaths.
None of us who supported the Government’s decision to use air strikes against ISIL in Syria did so lightly. I have not spoken to a single person who did not have concerns that there would be casualties among the civilian population. To date, the Government have stated that there have been no reports of civilian casualties as a result of our air strikes. Having said that, I look forward to hearing from the Minister what guidelines the Government set themselves for collecting data and reporting on casualties, whether military or civilian, in any conflict in which we are currently engaged.
On this side, we certainly welcome the aspirations that motivated this amendment but we have doubts that it is the best way to deal with the issue of reporting on civilian casualties—I am grateful for the excellent briefing on this that I was given earlier today. For example, the amendment addresses the matter of reporting civilian casualties caused by air strikes but says nothing about reporting civilian casualties caused by ground forces. Often, ground operations are in play as well as air strikes. More than that, if we are to enshrine in primary legislation the reporting of civilian casualties in conflict, this is not the right vehicle to do so. Some might argue that reporting on civilian casualties is not simply an Armed Forces issue alone but has wider foreign affairs and international development implications. If that argument were accepted, we would need a cross-government input and approach to legislation to achieve the objectives that would be set out.
We certainly welcome the opportunity that this amendment gives us for debate and we have had some important and useful contributions. I look forward to the Minister’s reply and hope that we will have regular reports to Parliament on the conflicts, especially details of the number of casualties—even where there are none. That is very important. We welcome the opportunity for debate that the amendment affords but in its present form we would not support it.
Earl Howe
My Lords, I am grateful to my noble friend Lord Hodgson for introducing his amendment, which would, as he explained, create a legislative obligation on the department to report civilian casualties following RAF operations, including sharing the details of investigations with Parliament. I recognise that this is a probing amendment but I hope to show my noble friend that his concerns are recognised and being properly addressed.
I make it clear at the outset that the MoD takes very seriously—and always will—any allegations of civilian casualties. The Defence Secretary committed to review all claims of this nature. We have robust processes in place to review reports of civilian casualties and to launch investigations where appropriate, and we will continue to consider all available credible evidence to support such assessments.
It is important for me to emphasise that the Ministry of Defence takes all feasible precautions to avoid civilian casualties when conducting any form of military operation. All missions are meticulously planned to ensure that every care is taken to avoid or minimise civilian casualties, and our use of extremely accurate precision-guided munitions supports this.
We have a robust process in place to authorise air strikes that is tried and tested. All military targeting is governed by strict rules of engagement in accordance with both UK and international humanitarian law. Of course, the men and women of our Armed Forces are highly trained, including in the law of armed conflict. I should also make it clear that we will not use force unless we are satisfied that the use of force is both necessary and lawful. When we carry out a strike, we carry out a full assessment to determine the damage that has been caused, specifically checking very carefully whether there are likely to have been civilian casualties.
I can assure the Committee, lest there is any doubt, that the Ministry of Defence is committed to transparency as far as possible. We have been very open and transparent about the strikes conducted in Iraq and Syria. They are reported regularly online two or three times a week. These reports explain where the action has taken place and what effect has been achieved in the fight against Daesh. However, I hope that the Committee will agree that it is also paramount that we maintain personnel and operational security. This can include not revealing details about our targeting process, which may endanger personnel and our ability to operate.
Furthermore, while a requirement in primary legislation to publish data on a regular basis may be seen as a means of holding the current Government to account—and, for that matter, future Governments—it may also on occasions be a very inflexible tool which is soon out of date and redundant. As I have made clear, the MoD has clear processes and procedures to limit civilian casualties, and the principle of openness and transparency on this issue is something which the MoD and I strongly support. Where information is not disclosed, it is for very good operational reasons.
The noble Lord, Lord Touhig, asked about regular reports on Operation Shader, which, as he knows, is the counter-Daesh operation in Iraq and Syria. The Government’s first quarterly report on Syria was provided to the House of Commons by the Secretary of State for Foreign and Commonwealth Affairs on 16 December last year. The Secretary of State of DfID, my right honourable friend Justine Greening, provided a second quarterly report on 8 February this year. I cannot be specific about the date of the next report but it will be issued in due course.
I will write to the noble Baroness, Lady Smith, on the particular question she raised and to my noble friend in respect of those of his questions that I have not covered. In the light of what I have said on this matter, I hope my noble friend will agree to withdraw his amendment at this stage.
Armed Forces Bill
Lord Touhig Excerpts(8 years, 2 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Touhig
“Requirement to publish statistics on sexual assault and rape
(1) Each service police force must collect and publish annually anonymised statistics on the number of allegations of sexual assault and rape made by and against members of the armed forces.(2) The Director of Service Prosecutions must collect and publish annually anonymised statistics on the number of cases involving allegations of sexual assault and rape made by and against members of the armed forces, including but not necessarily limited to—(a) the number of cases referred from the service police forces;(b) how many of these cases were prosecuted; and(c) how many convictions were secured.”
Lord Touhig (Lab)
My Lords, at Second Reading I raised the Government’s intention to allow women to serve in front-line roles. I believe that the Government’s announcement was an expression of support for the wider equalities agenda but we will debate that issue later in Committee. At this stage, I would say only that if we are serious about equality then we must have equality in the Armed Forces, too. Part of that equality agenda must surely be accepting that we have a responsibility to provide the women who serve, or who may be thinking of serving, in our Armed Forces with the sort of information that this amendment would afford them. No woman—or man for that matter—joining our Armed Forces should have any doubt that sexual misbehaviour of any kind will be punished.
Not a day goes by when cases of sexual assault and rape are not reported in the media. Whether here or abroad, our daily news digest reports on horrors of this nature. But all too often cases go unreported and the victims—mainly women, but not exclusively so—have nowhere to turn to help release themselves from the pain, horror and suffering that they have endured. Because of the system of military discipline, routine and command structures that necessarily exists in the Armed Forces, there is a special need to be vigilant here when seeking to prevent such gross and horrible acts. We cannot bury our heads in the sand and shrug our shoulders as if nothing can be done. When confronted with such a major issue, how often have each of us heard it said: “It’s gone on for ever and there’s nothing to be done about it”?
Such a view of sexual assault, sexual harassment and even worse is not atypical when set in the context of many large organisations, whether military or civilian, but we in the Committee have a chance to do something about that now. Thankfully, we are more alert as a society and not starting from scratch now. It would not be proper to say much here relating to what happened years back at Deepcut. However, I am not alone here in having read some of the recent press reports of evidence given at the inquest into the death of Private Cheryl James and being horrified by what I read. If we can in humility set that aside for the moment, it is right to do so. But the plain truth is that rape and sexual assault are a worry in the Armed Forces today, as was highlighted in the Ministry of Defence’s Sexual Harassment Report 2015.
Sexual harassment in the Armed Forces is an issue, particularly for servicewomen. Our amendment, which I am delighted to see has the support of the noble Baroness, Lady Jolly, would, if accepted, require the Government to publish statistics on sexual assault and rape in the Armed Forces. The best weapon to use against those who commit such acts is the glare of publicity, which can be brought about only by transparency.
I am grateful to the Minister and his officials for meeting my noble friend Lord Tunnicliffe and me to discuss this matter. We welcome the explanation that he and his officials afforded us but we were not convinced that his department is doing enough. We were not convinced that the present data on sexual harassment in the Armed Forces are reliable or being comprehensively collected. More than that, when civilian police investigate allegations of sexual harassment and rape, they are not required to record whether the alleged victim or perpetrator is a serving member of the Armed Forces, yet that is crucial to putting in place within the forces a mechanism to prevent such acts. I shall give an example.
We know that alcoholic excess is a major factor in domestic abuse and wife-beating. How do we know that? We know due to the simple expedient of recording the fact that a person involved in making such an assault was under the influence of drink. It is often said—is it not?—“If it’s not broken, don’t mend it”. That is common sense, but to get there in the first place we have to realise that something is broken. How can we combat this problem in the Armed Forces if we do not know how widespread it is? To know that, we need to keep records and publish data. Having read the Hansard covering the debate on this matter in the other place, I am not convinced that the Government took this issue seriously enough. I have no doubt that that will not happen in this place.
During Committee, the Minister, Mr Lancaster, confirmed that the Service Police Crime Bureau kept records of rape and sexual assault cases that had been made known to it, but how are they made public? Initially, the Minister seemed content that it was being done in response to Parliamentary Questions and freedom of information requests, with the information being subsequently uploaded to the Ministry of Defence online publications system. That is simply not good enough, and that is the reason for this amendment. In truth, I must be fair to Mr Lancaster, who said:
“Let me be clear that I want to explore how we can be more proactive in releasing this information”.—[Official Report, Commons, 16/12/15; col. 1622.]
Those words were spoken on 16 December last year, so the Government have had time to explore how to be more proactive in releasing this information. I certainly look forward to the noble Earl’s reply.
There are twin objectives behind Amendment 6. The first is to ensure that no unnecessary barrier is in place to deny a complainant justice and the second is to protect the good name of our Armed Forces. It is no easy task for a person in authority to deal with allegations of rape and serious sexual assault. More than that, dealing with allegations of rape and serious sexual assault requires a level of expertise—in truth, an expertise that is gained only by dealing with such complaints on a regular basis. Most commanding officers do not have to deal with such matters, and their lack of knowledge and expertise might affect their decisions. In the event that a commanding officer did not appropriately investigate allegations, damage could be done to the reputation of the Armed Forces.
A system needs to be in place that respects the chain of command within the Armed Forces but is also robust and in line with what individuals expect in civilian life. I do not think that the Government see a need for this amendment. Their line is that victims of sexual assault can bypass their commanding officer and go straight to the police, should they wish. However, there are issues with this approach. It is factually true that service men and women are trained from day one to respect the institutions of the Armed Forces, including the chain of command, and this very structure could deter victims of sexual assault from going straight to the civilian police to obtain an investigation. Our Amendment 6 would help to resolve this. In the mean time, I beg to move Amendment 5.
Earl Attlee
My Lords, legally everyone has a commanding officer; someone somewhere is the commanding officer. The Minister said that commanding officers are given training. I agree that they are given a significant amount of training and that they have a significant amount of experience. The problem is that the powers of a commanding officer can be delegated to someone who has not had that training. Their commanding officer might be only a major and might be deployed to a desert island. That has happened to me. When I deployed on Operation TELIC, my commanding officer was the commanding officer of 1 UK Armoured Division and Signal Regiment. I never met him; I did not know him from Adam. I would suggest that many soldiers do not know their commanding officers from Adam because they normally deal with their officer commanding.
The Committee needs to understand the difficulties faced by a junior serviceman. In these situations they are often making a complaint about someone who is their immediate superior, and perhaps even in their chain of command. They might rustle up the courage to make a complaint, but when they find themselves being interviewed by the company sergeant major, who they might in any case have an issue with for other reasons, they may quickly withdraw the allegation even though it is well founded. I have to say that I am not absolutely convinced by the Minister’s response and we shall need to return to this issue at a later stage.
Lord Touhig
My Lords, we have had a good short debate and I am grateful to all noble Lords who have taken part, but I have to say to the noble Earl, Lord Howe, that I am so disappointed with his response. My noble friend Lady Gould spoke from a lifetime of experience of campaigning on matters of this kind, and some of the statistics that she afforded us are staggering. She mentioned that 20 soldiers are on the sex offenders register. Is that uploaded on to the MoD website, in which the noble Earl seems to put a great deal of faith? I do not know, so perhaps he can enlighten us.
My noble friend Lord West of Spithead spoke with the authority of experience as someone who has faced up to this, not quite realising what a big problem it is, and learned a great deal. He said that we have to change, and that is coming from someone who has served his country heroically and has taken great responsibility for the people under his command. He believes that we really do need to do something about this.
I could not improve on the remarks just made by the noble Earl, Lord Attlee. There will be inhibitions and people will not take things forward because of all sorts of consequences that they might face, so it simply is not good enough. In his earlier remarks he also asked the Minister whether the service police are recording all complaints. I hope that he will be able to tell us at some stage whether that is the case. The noble Baroness, Lady Jolly, was spot on. Parents need to be reassured. Later in Committee we will be considering issues affecting youngsters under the age of 18 joining the Armed Forces.
Lord Touhig
I appreciate that, and am grateful to the Minister for clarifying it. However, he spoke earlier about all this information being uploaded to the MoD’s website, and my point is whether or not that is on there.
The noble Baroness, Lady Jolly, talked about the training of officers, but that is not an answer. Many of us have been involved in training, in all our walks of life, but practical experience shows that you need exposure to deal with problems like this, and the evidence suggests that commanding officers do not have that kind of experience and so are not always the right people. The noble Lord, Lord Thomas of Gresford, said that the United States is looking at this matter, so it is not just something peculiar to our country.
The Minister said that he was not convinced that these amendments were necessary, saying that their provisions do not exist in a civilian context. However, I think we all agree that the Armed Forces is not like any civilian organisation. When you join the British Armed Forces, you are joining an organisation in which you might put your life on the line—it is not like joining Tesco or Barclays Bank. The circumstances and living arrangements are different: they do not go home at 5 pm; they live as a community. We cannot really compare the two.
The Minister also said that some progress had been made and that there is to be a crime registrar. Is this another bureaucrat? How much will it cost? Why not just publish the information? If it is there, why not report it? If the information is being uploaded to the MoD’s website, why not put it in a report? It seems to me that this is another way of pushing things aside and not really facing up to the difficulties. We have a duty of care for the people who serve in our Armed Forces, and I am sure we all recognise that.
The Minister said that he had certain doubts about removing the CO’s ability not to progress a complaint. I think that there are real problems here. I am sorry that the noble Viscount, Lord Slim, feels that this might be perceived to be an attack on the chain of command. That is not the case at all: we have to respect the fact that we need a thorough and well-organised chain of command. However, if you are a “victim”, you are not in a position, as the noble Viscount was able to do, to call somebody in and get the CO sorted out because he has decided that he is not going to progress a particular complaint. There is going to be real disappointment that the Government do not feel able to publish the information that they are collecting. If it is on the website, why not produce it as a report? At the very least, I had hoped that the Minister would have said that although there are deficiencies in these amendments, the Government will go away and see whether they can come forward with their own amendment, having worked with people on all sides to make a better job if it, rather than just shutting it down. I shall not press the amendments, but I tell noble Lords that we will come back to them.
Lord Touhig
“Requirement to publish statistics on employment discrimination against reservists
(1) Each Commanding Officer must collect statistics on how many reservists have reported employment discrimination in the workplace as a result of being part of the reserve forces.(2) The Ministry of Defence must collect and publish annually anonymised statistics on the number of complaints regarding employment discrimination received from reservists who have been discriminated against as a result of their service as a reservist.”
Lord Touhig
My Lords, we owe a debt to our Reserve Forces that is too great to measure. Despite what many have said, they fill a real gap in our military personnel at this time. Only on Thursday of last week, during a Question Time exchange with the Minister in the House, we were right to point out that Britain’s Reserve Forces bring skills to our military that, for whatever reason, are lacking at the minute. However, I do not propose to reopen that debate at this time. It would be less than honest for any of us not to recognise that, as a result of the Future Force 2020 programme, reservists are being recruited to meet targets in troop numbers as a result of a reduction in the number of Regular Forces. Again, this is not the place to open up that debate.
My concern, and the reason for this amendment, is a genuine worry at the sometimes adverse impact that serving in the Reserve Forces has on an individual’s main employment situation. Without the full support and co-operation of Britain’s employers, companies large and small, our entire reserve programme would not exist. Employment protection for reservists was a matter touched on during the passage of the Defence Reform Act 2014. The then Defence Secretary, Mr Hammond, responded to concerns about changes to the structure of the Reserve Forces. At that time, he gave assurances that employment discrimination against reservists is an issue that the Government take extremely seriously and that if the Government felt that further action was needed to tackle employment discrimination against reservists, they would come forward with measures in this Bill. Nothing has materialised. However, whether employment discrimination is not a problem or whether the necessary information does not exist properly, we need to examine the issue.
My starting point is the need to gather facts in order to understand the problem, to measure its extent and, lastly, if thought appropriate, to put in place mechanisms to solve it. Our amendment aspires to nothing more ambitious than making a modest start by requiring commanding officers to collect and publish statistics on employment discrimination against reservists. It is the right thing to do because we, the British people, are the employers of the reservists as much as their employers in their main civilian life. We have a duty to care and ensure that their commitment—and, yes, all too often, their sacrifices—do not lead them to painful disadvantages in civilian life and with their employment.
Lord Touhig
My Lords, I thank all noble Lords who took part in this debate. The noble Earl, Lord Attlee, raised an issue which, as the Minister said, was not quite in line with the intentions behind the amendment. Nevertheless, it shows a degree of discrimination because somebody served in the Reserve Forces, and that is something that we need to be put right.
The noble Earl’s second intervention was rather eye-opening. I do not know whether the Minister can come back at some stage and give us some more information about what went wrong at that time, but it is certainly a failure when people come back from an operation like that to find that they do not get help and support to return to their full-time employment.
The noble Lord, Lord Empey, made a very important point in his second intervention, and it is one that the amendment does not really consider. The Minister’s response would be very helpful should we return to this matter at a later stage.
The noble Baroness, Lady Jolly, made the point that there is endless discrimination against reservists. Surely, where we discover this, it is our job to try to do something about it. That is why we are here. What are we here for if not to right a wrong? Is that not what Parliament is supposed to be about?
I am sorry that the Minister is not convinced about the merits of the amendment. He said that there is a website and that only 13 people have contacted it, but is it not possible for the Government to include something in the annual covenant report on this matter to highlight it? It may well be that 13 is the top number and that the problem is not as great as perhaps people fear, but under the surface, below the radar, there may be many more such cases, and if we highlight the matter then we will at least get to know. If we do not open this up and get some transparency, we will not know to what extent the problem exists or whether it does not exist.
Reservists are certainly facing difficulties, and I am full of admiration for companies and employers. Some of them are very small scale—I met them when I was a Minister—employing just two or three people, but they are prepared to co-operate and help, allowing their staff to serve in the Reserve Forces. I have nothing but admiration and respect for them. However, if there are difficulties, surely it is our job to do something about them, and perhaps the Minister will reflect a little more before we reach Report. For now, I beg leave to withdraw the amendment.
Lord Touhig
“Mental health provision and compensation
(1) Part 3 of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 is amended as follows.(2) After article 28 insert—“28A Special provision for sufferers of mental health conditions(1) In the event of a diagnosis of a mental health condition that has been caused by serving in the armed forces, an immediate lump sum payment shall be made, as defined in article 17 (amount of lump sum and supplementary award).(2) Upon commencement of treatment of a mental health condition that has been caused by serving in the armed forces, retrospective payment of the determined compensation shall be made, dated back to the date on which the diagnosis was made.””
Lord Touhig
My Lords, Amendment 8 has widespread support across the House, as evidenced by the names attached to it.
The amendment stems from a discussion that I had recently with representatives of the BMA who raised concerns about the way that those with mental health problems are often overlooked when it comes to receiving proper recognition and compensation for the illness that they are enduring as a result of serving in our Armed Forces and reserves. I am sure I am not alone in knowing someone—a friend or a family member—who suffers with mental health problems. I often think that our lifestyles and the pace at which we live today contribute to our difficulties in this regard. I have no medical or scientific basis for holding that view; rather, it comes from what I observe in society as a whole.
None of us needs a medical or scientific background to know that mental illness can take a number of forms and can often be hard to diagnose, especially if the person concerned will not recognise the existence of the problem in the first place. I have come across cases like that and, again, I am sure I am not alone in that.
I was motivated to encourage colleagues to support this amendment by the case of a reservist with a medical background who waited eight years for a diagnosis, having endured PTSD after serving in several theatres of conflict in our Reserve Forces. I learned that there are many others in the same situation who find that mental health problems adversely impact their ability to work at the expected level, inevitably reducing their income and thus their family life. For those serving in our forces and reserves, the problem is serious indeed. Having waited a great length of time for a diagnosis, there would appear to be no opportunity of gaining immediate financial assistance. Contrast this with those having served in our Armed Forces who suffer a physical injury: they can claim up to £60,000 if their injuries are set at level 8 or more. However, mental health is classified below this level. Once diagnosed with a mental health problem, it can typically take 18 months to two years before it is clear whether treatment will lead to a complete or partial recovery and the level of residual deficit, if any. I understand that for a claim for financial compensation to succeed, the permanent level of disability must first be assessed. This adds a further lengthy period of time when the claimant who has served in our Armed Forces or reserves has to live on decreased earnings, in many cases supporting a family. The situation is made worse if the person concerned requires a period of sick leave.
Treating the men and women of our Armed Forces in this way does no honour to us as a Parliament or as a nation; all the more so now that we have the Armed Forces covenant in place. In the foreword to this year’s covenant report, the Defence Secretary, Mr Fallon, writes:
“In return for this loyalty and commitment, we have a duty to ensure that our Servicemen and women are treated fairly”.
This amendment gives us the opportunity to see that, as a country, we live up to that well-expressed and noble aspiration. We can make it more than an aspiration; we can make it a reality. If agreed, this amendment would provide for an immediate payment upon diagnosis and a retrospective payment upon commencement of treatment, backdated to the date of the diagnosis. I hope that the Government will feel able to respond positively to this amendment. In addition, I also fully support the amendment in this group in the name of the noble Baroness, Lady Jolly. I beg to move.
Baroness Jolly
My Lords, I shall speak to Amendments 8 and 14. For reasons that will become apparent, I will talk about my amendment first and then Amendment 8. The whole thing hinges on the Armed Forces covenant. Noble Lords will know that at some stage during our lifetime, one in four of us will have a mental health issue. This is pretty much mirrored in members of the Armed Forces. Today, I want to talk about serving members of the Armed Forces and reservists while they are deployed. I am not going to talk about veterans. Veterans receive their health services from the NHS, whereas serving members and deployed reservists receive their health services from the medical system within the Armed Forces. The covenant is all about ensuring that someone in the Armed Forces is not at any disadvantage to those who are outside. I do not know whether when he saw this amendment the Minister raised his eyebrows and thought, “Oh no, not again”, because during the passage of the Health and Social Care Act 2012, a great deal of time and energy was spent debating the issue of parity of esteem. This amendment is to ensure that health issues are treated in exactly the same way—clearly not in terms of diagnosis or treatment but in general expectation—regardless of whether they are physical or mental. I thank the noble Lord, Lord Touhig, for his support on this.
I put it to the Committee that if a sailor, aircraft person or soldier tears their hamstring, they visit their unit doctor or medical centre. They are then referred for treatment, may be given painkillers and are strapped up. Physio will be part of the treatment and, when it is mended, in due course they will return to work. If the injury is serious, they may have to leave the service and continue with treatment outside. Physically, they will clearly be strapped up, so people can see what is going on and their colleagues and chain of command will support them in their journey back to work. A physical injury is something with which we are all comfortable and which we understand. It can be seen: there is no problem. If the issue is anxiety, depression or even worse, the story should be similar, but that is not always the case. The services have done a huge amount of work to reduce the stigma associated with these conditions, but, as in civvy street, it has not always been successful.
Within the NHS, there has to be a great move towards parity of esteem for physical and mental health. What might that look like? It might look like waiting times being much the same for a hamstring injury as for a conversation with a psychiatrist or a psychologist about one’s mental health. It should also be about the uptake of services, which should be much the same for physical health as for mental health. Therefore, I propose that the Armed Forces covenant report should include an assessment of the aspects that I have outlined. As with Amendments 5 and 7, the collection of information and its publication enables progress to be measured.
Amendment 8 follows on from Amendment 14 in that compensation should apply equally to both physical and mental health conditions and therefore I support both of the amendments.
Earl Howe
My Lords, I hope that it will not surprise noble Lords to hear that I fully share the sense of importance that they attach to mental health and parity of esteem in the way that mental and physical health are treated by our health services. Both these amendments seek to address provision for the care and support of members of the Armed Forces who suffer from mental health conditions while in service. This is something that we take very seriously, as I will go on to explain.
Taking first the issue of compensation for those who suffer from mental health conditions, I should explain that the Armed Forces Compensation Scheme already makes awards for injuries and disorders predominantly caused by service, including mental health conditions. The scheme is tariff based and aims to make full and final awards as early as possible so that individuals can have financial security and focus on getting on with life and living. Claims can be made while in service or when an individual has left.
The AFCS tariff has nine tables of categories of injury relevant to military service, and these include mental health disorders. While the scheme does have time limits for claims, there is also a provision for the delayed onset of mental disorders. The Ministry of Defence recognises that owing to stigma and perceived impact on career, people may delay seeking help. The practical effect of this is that if a person who left the Armed Forces some time ago is diagnosed with a mental disorder as a result of his or her service and makes a claim under the AFCS, a compensation award will be paid as soon as the claim is accepted.
Noble Lords may recall that, having been asked to review the AFCS, including the associated tariffs, the noble and gallant Lord, Lord Boyce, made his recommendations in February 2010. As a result, the Ministry of Defence increased the maximum lump sum award for mental illness from £48,875 to £140,000. This was to accurately reflect the impact of the most serious mental health conditions. In addition to the lump sum, those with the most serious conditions with likely adverse functional effects on civilian employability receive a tax-free guaranteed income payment for life on discharge from the services or from the date on which the claim is accepted. A lump sum of £140,000 attracts a GIP based on 75% of military salary with enhancements for service length, age, rank and lost promotions.
Another of the noble and gallant Lord’s recommendations led to the Independent Medical Expert Group, a non-departmental public body, being established. It advises Ministers on the scientific and medical aspects of the scheme. The noble and gallant Lord, Lord Boyce, identified mental health as an area requiring further investigation. The subsequent IMEG review involved a literature search and discussions with civilian and military experts, as well as with veterans’ organisations. The findings were published in its second report on 17 May 2013. The conclusions and recommendations on diagnosis, causation, assessment of disorder severity and the use of interim awards were accepted and subsequently incorporated into the scheme.
The second amendment in this group would create a specific obligation on the Government to have particular regard in their annual report on the covenant to,
“parity of esteem between mental and physical healthcare”.
As I have said previously, the Government are committed to meeting the healthcare needs of the Armed Forces community. For this reason, the Armed Forces Act 2011 already requires the Secretary of State to include in his annual Armed Forces covenant report to Parliament the effects of membership, or former membership, of the Armed Forces on service people in the field of healthcare under the covenant.
I was grateful for the remarks of the noble Lord, Lord Empey, and I agree with his general point about managing expectations. However, I agree with him only up to a point in this context because I think that the healthcare which we provide to our armed services personnel, both at home and when deployed on operations, is now truly world-class. Last year the principles of the covenant were enshrined into the NHS Constitution for England. That gives a commitment to ensuring that those in the Armed Forces, reservists, their families and veterans are not disadvantaged in accessing health services in the area where they reside. Indeed, we have made several improvements, including: the provision of some £6 million a year to support the provision of enhanced prosthetic devices and services for veterans who have lost a limb as a result of service; the launch of the hearWELL programme to look at hearing loss among the service community; and the allocation of £10 million to address service-related hearing issues among veterans. I know that these are related to physical injuries; nevertheless, I hope that they show the appropriate intent.
With increasing awareness of the issues, we have taken steps to meet the mental health needs of our Armed Forces community. On this specifically, we now have a network of 16 departments of community mental health across the UK, providing out-patient care to the service community. When in-patient care is necessary, it is provided in eight dedicated psychiatric units. Additionally, the Armed Forces covenant gives a commitment that veterans should be able to access mental health professionals who have an understanding of Armed Forces culture, while NHS England is currently completing an audit of veterans mental services, put in place following the Fighting Fit report by my honourable friend Dr Andrew Murrison MP in 2010.
I can therefore assure the noble Baroness that the Government are committed to meeting the health needs of the service community, that we will continue to report on the provision of healthcare in the Armed Forces covenant annual report, and that our work to address mental health needs will be an integral part of that report. However, the principles of the covenant are to ensure that the Armed Forces community are treated fairly in comparison to the civilian population. Parity of esteem is there to ensure that all health services treat mental health with the same importance as physical health, and it applies to everyone accessing NHS services, not just the Armed Forces community. For this reason, it does not need to be legislated for under the covenant.
Given our clear commitment to support those who suffer from mental health conditions and the tangible steps we are taking to do so, I ask that the noble Lord and the noble Baroness withdraw or do not move their amendments—hopefully, reassured.
Lord Touhig
My Lords, the Minister rightly makes a very important point about the commitment that we as a country have made to helping people with mental health problems. The work being done for those who have served in our Armed Forces is first class. We have had some very good contributions to this short debate. The noble Baroness, Lady Jolly, made a powerful case on Amendment 14 and I am sure that she is disappointed that the Minister does not feel it necessary to include it in the covenant report. He says that he shares our sense of the importance of this issue but the point of my amendments, which have attracted widespread support, is that people who have served in our Armed Forces and have a mental health problem receive no compensation or financial support at all until after diagnosis. That can take five years; in the case that I raised, it was eight years. That is a time when people are trying to support their families. Sometimes they cannot work properly, so this can cause all sorts of financial difficulty.
Before we reach Report, can the Minister provide the Committee with statistics showing whether this is a widespread problem and how many years people have to wait before they get a diagnosis? As I say, my information suggests that in many cases they wait for at least five years. If you are in financial difficulties and cannot get back to work, that is pretty devastating for someone who has served in the British Armed Forces, especially in the reserves. I hope that the Minister will feel able to do that at the very least. Whether we return to this on Report is another matter, but the information would be helpful because then we would know the extent of the problem and whether there is a need for us to press further for the Government to act. With that, I beg leave to withdraw the amendment.
Armed Forces: Future Force 2020
Lord Touhig Excerpts(8 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Touhig
To ask Her Majesty’s Government what specialist skills have been recruited into the Armed Forces as a result of the Future Force 2020 programme.
The Minister of State, Ministry of Defence (Earl Howe) (Con)
My Lords, Future Force 2020 has delivered a wide range of specialist skills and capabilities to the Armed Forces. In the Army, this includes the creation of 1st Intelligence, Surveillance and Reconnaissance Brigade and 77th Brigade, comprising integrated regular and reserve units capable of delivering specialist capabilities such as cyber, linguists and cultural experts. We continue to recruit the individuals we need with specialist skills and, through our world-class training programmes, train both new and existing service personnel to meet military requirements.
Lord Touhig (Lab)
As ever, the noble Earl comes to the House displaying a sense of calm and confidence, for which he is greatly admired and respected.
Lord Touhig
Truthfully. But I have to tell him that the Government have admitted that there is a skills shortage in Britain’s Armed Forces. Indeed, they spelled out their preferred solution for solving the problem. In a debate on the Defence Reform Bill in 2013, the then Defence Secretary, Mr Hammond, said that the recruitment of reserves was intended to add specialist skills to our Armed Forces because they were easier to recruit from among the civilian workforce. Can the Minister name another country in the world that depends on civilian trained reservists to fill the skills gap in our Regular Armed Forces? Is it still the Government’s intention to pursue this policy? If it is, how is it going?
Earl Howe
My Lords, it makes absolute sense to look to our reserves to house some of the deep specialties that the Armed Forces are looking for. It makes sense because the reserves can deliver capabilities that can be safely held at lower readiness, which provides access to skills that are best developed and maintained in the civil sector or are not practical or too costly to retain in full-time military service. A good example of that is cyber, although there are others, such as language intelligence analysts. We are seeing the success of that policy. Indeed, on recruiting reservists more generally, we are on track to achieve our targets.
Armed Forces Bill
Lord Touhig Excerpts(8 years, 2 months ago)
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Lord Touhig (Lab)
My Lords, the House will perhaps understand if I say I have a feeling I have been here before—a sense of déjà vu. I was on the government side as Defence Minister and in 2005 took the Armed Forces Bill through the other place. However, I never saw it through to becoming an Act. The Prime Minister, Tony Blair, phoned me and said he had to make room for younger members of his Government—and, in an instant, I was no longer a Minister. My successor, friend and colleague, and now deputy leader of my party, Tom Watson, took the Bill through to complete its passage in the other place. I have no complaints about losing office, having served for most of the time that my party was in government—although it did take some getting used to, to be told at 57 that I was too old to be the Veterans Minister.
That 2006 Act was the biggest piece of Armed Forces legislation for many years. It not only completed major reforms to the Armed Forces system of justice but was amended to include a pardon for the 308 shot-at-dawns—our own men whom we executed in the First World War.
I think that all would agree we have had an excellent debate today, and I look forward to Committee when we will examine the Bill in much more detail. We have certainly had three excellent maiden speeches. Perhaps the House will indulge me if I pay tribute to the speech made by my noble friend Lord Murphy of Torfaen. We are each other’s oldest friends; I think that in our first photograph together we are aged three, playing in the sand-pit at Brynteg nursery in Abersychan. His maiden speech was first class, and I expected nothing else.
His work as Northern Ireland Secretary and as Minister of State before then saw him make a major contribution to the peace process. He is highly regarded and respected on all sides and, although he has only just made his maiden speech today, almost on the day he came into the House the Home Secretary asked him if he would chair the Joint Committee on the draft Investigatory Powers Bill which has reported today. I am not alone in looking forward to his further contributions.
The House has also been fortunate to hear maiden speeches from the noble Baroness, Lady Pidding, and the noble Lord, Lord Shinkwin. The noble Baroness, Lady Pidding, served on Chiltern District Council. I, too, served in local government. I do not know whether she shares my experience that when I ceased to be a councillor and became an MP I found that I had swapped power for mere influence. In her excellent speech she spoke about volunteers. All parties require volunteers and we know how much we rely on them. It reminded me of an occasion when someone came to me having just joined the Griffithstown and Sebastopol branch of the Labour Party, of which I was secretary. He had attended his third meeting, seemed rather fed up, and said, “I joined the Labour Party to change the world, not the minutes of the last meeting”.
I have had the pleasure and honour of knowing the noble Lord, Lord Shinkwin, for a number of years and know well of his hard work with the Royal British Legion. His brother John worked with me for a year and did tremendous work. The noble Lord’s speech was thoughtful, powerful and moving and was underpinned by his deep and real faith. The Feast of Our Lady of Lourdes is a wonderful day on which to make a maiden speech in your Lordships’ House.
I thank the Minister for all his work and for the helpful briefings he has provided throughout as we have prepared for this Second Reading. I look forward to working with him on the Bill.
My party in government has a proud record on defence. At the end of the Second World War it was a Labour Government who committed us to an independent nuclear deterrent and who helped create NATO. I hope that that message is not lost on some members of my party today who might need some re-education. Between 1997 and 2010 it was a Labour Government who ended the ban on LGBT men and women serving in the Armed Forces and passed the Armed Forces Act 2006, which I have already mentioned. We invested in equipment to support our troops serving both at home and abroad, increased defence spending by 10% in real terms and invested in world-class health facilities for the Armed Forces such as the Queen Elizabeth hospital in Birmingham, which I have visited.
It is important to note that throughout this Bill’s passage in the other place it received cross-party support, with colleagues from across the political spectrum recognising the constitutional importance of this legislation but also providing a level of scrutiny that will give our Armed Forces the best possible deal in the coming years. It is rare that a piece of legislation receives such strong cross-party support, which again underpins its importance. The way in which the Bill was changed in the Commons is a testament to the impact of cross-party working together. That, for me, is Parliament working at its best.
The Government made an amendment to the Bill to remove outdated legislation that saw homosexual acts constitute grounds for discharging a member from the Armed Forces, following an amendment tabled by my party and supported by other parties. On Report the Government agreed to a compensation package for veterans suffering from mesothelioma following the debate on a Labour amendment. We have had some important contributions today from the noble Lord, Lord Empey, the noble and gallant Lord, Lord Boyce, and the noble Lord, Lord West of Spithead, who have shown us that there is still a gap we need to fill in that respect. Now that the Bill has come here, we will continue to work with colleagues across the House to secure the best settlement for our Armed Forces.
As my honourable friend Maria Eagle, who was our shadow Defence Secretary at Second Reading, said in the other place, Labour welcomes the intention of this Bill. Its ambition to simplify the system when people are charged with offences is certainly a step in the right direction. When I served as a Member of Parliament, I often came across cases from constituents who found the bureaucratic challenges thrown up by the civil justice system a barrier to gaining the justice they were seeking. We certainly do not want that in the Armed Forces.
Having said this, we will continue to press the issue of how rape and sexual assault are reported and dealt with in the Armed Forces. I am sure that we on these Benches are not alone in believing that it is a serious issue that warrants further attention and scrutiny, not least to enshrine equality into our Armed Forces.
The Government announced before Christmas their intention to allow women to serve in all front-line roles. Clearly that will be contentious, as the noble Earl, Lord Attlee, said in his contribution. It demonstrates a wider commitment to equality in the Armed Forces but it must come with a greater responsibility to deal with issues such as rape and sexual assault. On this side, we want men and women to see joining Britain’s Armed Forces as an opportunity to get a career, a skill, a life-changing experience and yes, for some, a career for life. This is why we feel strongly about the need to face up to the issues surrounding sexual misbehaviour—a point made by my noble friend Lady Taylor of Bolton. No man or woman thinking about joining our Armed Forces should be left in any doubt about our concerns on this matter. It is surely at the heart of the equality agenda to which we all aspire and which we want to see enacted.
I have a number of questions for the Minister. He mentioned the question of the territorial extent of the Bill so far as it concerns Gibraltar and gave us a good update. One assumes that we will have something, certainly by Report or Third Reading, so that we know whether or not it will extend to Gibraltar.
Secondly, there is some interest in how reports of murder, sexual assault and rape are dealt with in the Armed Forces. Can the Minister confirm what policies are currently in place to deal with such reports, how they are investigated and how they are prosecuted, and will he place a copy of these policies in the Library of the House?
Thirdly, in 2013, during the passage of what is now the Defence Reform Act 2014, the then Defence Secretary, Philip Hammond, stated that if there was a case to be made to legislate to provide further employment protection for reservists, this could be done in the Armed Forces Bill. However, the Bill does not currently include any provisions to provide further employment protection for reservists. Can the Minister say why this has not been included in the Bill and whether any case was made to include it when the Bill was being prepared?
Fourthly, there is a gap in the Armed Forces compensation scheme as it impacts upon people with mental health problems. It can take years—perhaps five years or more—for mental health to be diagnosed. Once diagnosed there is no immediate financial assistance under the scheme Those with physical injuries can claim up to £60,000 if their injuries are level 8 or worse, but mental health is classified below this level. The solution may be a fast-track payment for mental health sufferers or even an interim compensation scheme. I appreciate the Minister may want to think about this matter and perhaps we can pursue it in Committee.
On this side we welcome the fact that the Government are finally recognising that homosexual acts no longer constitute grounds for discharging a member from the Armed Forces and that this is being enshrined in law.
I will raise the same question in relation to the Merchant Navy. I recognise that it is outwith the scope of this Bill but what steps have been taken to address this issue in the Merchant Navy? Specifically, can the Minister say whether he has had discussions with the Department for Transport, which has responsibility for the Merchant Navy, and whether we can expect further legislation to ensure that the Merchant Navy is on a level playing field with the Armed Forces on this matter? I accept that he might want to go back to the department before replying on this point, but perhaps we could have some information by Committee.
To conclude, I look forward to working with colleagues across the House on the Bill and I reiterate my party’s support for it. During the time I was a Minister of Defence I had my own mission statement. It was simply this: we will value our service men and women and their families and do everything practical in our power to demonstrate that. I am sure that, by working together across the House on the Bill, we will show the British Armed Forces that we are on their side.
Vanguard Submarine Replacement
Lord Touhig Excerpts(8 years, 3 months ago)
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Earl Howe
My Lords, extensive work is going on across government to incentivise people to enter the engineering profession. The noble Baroness is quite right. We are working not only within government but with industry to ensure that the attractiveness of engineering, in the nuclear field in particular, can be shared and that people who enter the profession can look forward to a rewarding career throughout their lives.
Lord Touhig (Lab)
My Lords, under this Government we have seen a reduction in the size of the Armed Forces. We have no aircraft carriers any longer. At the time when the Russians are increasing submarine patrols by 50%, we have no maritime patrol aircraft. On top of that, the Government want to extend the life of the Vanguard nuclear submarines. I would be less than honest if I did not admit that my party had some problems with defence too; noble Lords might have been reading about them in the newspapers. But there is one policy that does unite at least the two Front Benches in this House, so will the Minister put a simple question to his right honourable friend the Prime Minister and say: “Dave, pull your finger out and damn well get on with committing ourselves to replacing the Trident programme, because it is the first duty of any Government to protect our country”?
Earl Howe
My Lords, I think that the noble Lord is being less than generous to the Government, who for the first time in a long time have increased the defence budget, with an extensive programme of equipment in train. However, the message that he sought to give is well taken. I tell him that we are proceeding apace with the successor programme. As I have already indicated, we have an assessment phase, the cost of which so far is £3.3 billion, as budgeted. That will go up to £3.9 billion in the design phase, including ordering essential long-lead items for the fourth submarine. I hope that the noble Lord will take away the message that we are not being slow off the mark.
Syria: Brimstone Missiles
Lord Touhig Excerpts(8 years, 3 months ago)
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Earl Howe
My Lords, the noble Baroness makes an extremely important point. There have been many occasions—I cannot give her a precise number—when a strike mission has been called off because it has been deemed too risky to the civilian population. We always err on the side of caution in that respect.
Lord Touhig (Lab)
My Lords, the House is indebted to the noble Lord, Lord Thomas of Gresford, for tabling this Question because the impact of our actions in Syria on the civilian population must never be far from our minds. On this side, we have consistently argued for airstrikes against ISIL’s oil-exporting capability, thus depleting its sources of funding. Can the Minister update us on this? More than that, I remind him that the Defence Secretary promised a quarterly report on our activities in Syria and one must be due any day now. Will he come to the House and make a Statement when that report is published?
Earl Howe
My Lords, if a Statement is decided upon through the usual channels and my right honourable friend’s decisions, of course I am very willing to repeat it in your Lordships’ House. I am in full accord with the noble Lord’s initial statements and I am prepared to update the House on a regular basis.
Mental Health Services: Serving Military Personnel
Lord Touhig Excerpts(8 years, 3 months ago)
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Earl Howe
As the noble Lord rightly points out, there has been extensive coverage and publicity on this very issue in the press in recent weeks, and I share his concern. The fact of the matter is, though, that it is not the Government chasing our armed services personnel. Every time a complaint is raised, we have a duty to investigate the complaint. It is not a matter of hounding Armed Forces personnel but rather of trying to get to the bottom of the complaint as quickly as possible. Indeed, many of these complaints have been found to be without foundation, but I share his concern about the behaviour of certain law firms.
Lord Touhig (Lab)
I am sure that the Minister and many other Members of the House will be aware of the excellent work done by the organisation Combat Stress. In a well-researched report published recently, it revealed that there had been a fourfold increase in the number of veterans who had asked for help for mental health conditions over the last 20 years. Its research suggests that this will continue. The good news is that Combat Stress has treatments that work, but it needs additional funding to deliver them. Has the Minister’s department had discussions with Combat Stress about this need for additional funding and, if it has, what is the outcome?
Earl Howe
My Lords, yes, we do have regular discussions with Combat Stress, with which we work very closely in partnership, as I have already indicated. It is interesting that, while the number of military personnel assessed with a mental disorder has risen steadily in the past couple of years, the level of mental illness remains broadly comparable with that of the general population. Although it may sound strange to say it, I think the rise could indicate good news rather than bad news, in that the more we address stigma in mental illness, the more we encourage people who need help to come forward. I hope that is attributable to the better services that are available.
War Pensions: Uprating
Lord Touhig Excerpts(8 years, 4 months ago)
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Lord Touhig
To ask Her Majesty’s Government, further to the Written Statement by Earl Howe on 9 December (HLWS366) on the 2016 Uprating of the War Pensions Scheme, when war pensioners can next expect an increase in their pensions.
The Minister of State, Ministry of Defence (Earl Howe) (Con)
My Lords, the reason war pensions are uprated is to ensure that they reflect any increases in the cost of living. They are uprated annually in line with the consumer prices index—CPI—figure, which is the same measure the Department for Work and Pensions uses for uprating social security disability benefits and is in keeping with other public service schemes. Our approach ensures consistency with the measure of inflation used by the Bank of England. War pensions will increase when the annual CPI figure next increases.
Lord Touhig (Lab)
The Government deserve credit for enshrining the Armed Forces covenant in law, and I am sure that the entire House endorses the words of the Defence Secretary, who said in the latest covenant report that,
“we have a duty to ensure that our servicemen and women are treated fairly”.
Yet within days of his making that statement, his department published a Written Statement entitled War Pensions Scheme—Uprating 2016, although there is no uprating, and in fact war pensions have been frozen for two years. Does the Minister agree that war pensioners should be treated the same as, say, someone like me, who is in receipt of a state pension, which, as a result of the triple lock, is guaranteed to increase every year? As the Defence Secretary said, we have a duty to ensure that our service men and women are treated fairly, and surely none more so than those who have been injured while serving our country.
Earl Howe
My Lords, it is important to make it clear that despite its name, a war disablement pension is not a state pension but a form of compensation for disablement and/or injuries caused by service to the country. It is tax free and payable in addition to the state retirement pension. Payments are set at a higher rate than similar disability benefits and most war pensioners who have reached retirement age will be in receipt of both pensions.