Armed Forces (Flexible Working) Bill [HL]

Lord Walker of Aldringham Excerpts

Report stage (Hansard): House of Lords
Wednesday 11th October 2017 Lords Chamber

[Lord Walker of Aldringham (CB)]

My Lords, I strongly support this amendment as well. Life in the military world is divided into two distinct types. The first is when folk are deployed on operations, normally in some far-flung place. Working days are often 18 to 20 hours long, sometimes longer. There are no weekends, no bank holidays, no serious recreational time and very little time for individuals to have to themselves. Focus is on the job in hand, you have to be ready to react at a moment’s notice, and the pressure is on you 24 hours a day. There is no way that could be described as part-time and no way that people could be part-timers in that sort of scene.

The second type is what one might call the routine, more normal life in barracks. This is all about training, career development, ceremonial, military aid to the civil power and similar activities, as well as getting a better work-life balance for service folk with their families. This is much more the sort of life that other professions might recognise. In this style of life, breaks from service are entirely possible, entirely sensible and entirely warranted, and, as we have already heard, it happens on the ground as we speak. But, again, “part-time” is not the right way to describe such breaks.

The very word “part-time” implies a long-term arrangement and, for the Regular Forces, carries a stigma that damages the self-esteem of the individual, makes others question an individual’s commitment and, indeed, damages the self-esteem of the institutions that are the services themselves. Moreover, the word “part-time” could be lighted upon and magnified by the media to further exacerbate a notion that we were indeed a part-time set of forces—to the very dismay of our services and particularly our personnel. If they were so to do, we would have only ourselves to blame by enshrining these words in law. Therefore, I very much support the amendment and hope that it will be accepted.

[Earl Attlee]

My Lords, I have listened carefully to the case presented by the noble and gallant Lord, Lord Craig of Radley, for changing the words of the provision. I agreed with everything that the noble and gallant Lord, Lord Boyce, said, apart from his remarks about the merits of the amendment. I particularly agreed with his comments about morale and funding the Armed Forces.

My first thought is that, if we were in a situation where the Armed Forces were fully funded and recruited, we would probably not be going down this route. However, our current situation gives us the opportunity to give defence HR a good wire-brushing. I strongly agree with the noble and gallant Lord, Lord Walker, that service life is not employment or a job; for me, it is, or was, Her Majesty’s service, which is very different.

If I were the Minister faced with this problem—or, rather, opportunity—my first thought would be to encourage service people who would like some flexibility or stability to go on to the reserve and then make an additional duties commitment. There would have to be some pension considerations and some certainty that the service personnel could get back into regular service, but I do not think that would require primary legislation. During the briefing sessions that the Minister organised, we asked about that, but apparently the Bill route is the optimal solution. Given the well-known difficulties with primary legislation, which we are experiencing now, we can be reasonably confident that this is the best course of action.

The noble and gallant Lord made a very good point about the possible public and service perceptions of part-time Regular Forces. Unfortunately, nothing we can do will stop the media running a story from a negative position. The noble and gallant Lord will also know that it is very hard to get the media to run any good defence news story. If they want to run this particular development negatively, nothing in the drafting of the Bill will prevent that.

I was in a similar position to the Minister when the Opposition Front Bench favoured slightly different drafting for a particular clause in a Bill that I was handling. However, I was in the fortunate position that my officials were able to advise me that I could accept the revised drafting if I wanted to, and of course I did. My noble friend is a much more experienced and, most importantly, much more senior Minister than I was. However, my suspicion is that he is simply unable to change the drafting for legal reasons.

When the noble and gallant Lord comes to decide what to do with his amendment, I think he will be wise to exercise caution. First, I do not expect that he will be carrying that magic slip of paper from the clerk to the Lord Speaker. Secondly, if we make too much of a meal of this Bill, we run the twin risks of, to some extent, deterring the MoD from running a similar small, discrete and desirable Bill and of making the government business managers equally cautious of such a Bill in the future, even if it were one that found favour with noble and gallant Lords.