Armed Forces (Service Complaints and Financial Assistance) Bill [Lords]

Madeleine Moon Excerpts

Monday 9th March 2015 Commons Chamber

[Rory Stewart]

My hon. Friend raised that central question during the Defence Committee’s pre-appointment hearing. We were very pleased that the Committee had an opportunity to meet Nicola Williams and to conduct a pre-appointment hearing with her. We focused very heavily on whether, without military experience, she would feel comfortable in the role. We were very impressed by Nicola Williams. Her arguments and explanations were extremely convincing, she displayed real independence in her role in the Cayman Islands, and she seemed to have the right balance of independence and respect for the institution. We were very happy, as a Committee, to approve her appointment.

To conclude, this matter is very important to the Defence Committee. We are not conventionally a Committee that looks at legislation. The nature of our work is not usually to scrutinise individual Bills, because a great deal of the work of the Ministry of Defence is not connected with legislation. However, we feel that it is very important in the setting up of the ombudsman that Parliament, and the Defence Committee in particular, is carefully involved.

We accept that it is a step in the right direction that the post of ombudsman has gone from thee days a week to a full-time job, and from having five employees to having more than 20. We accept that it is a good move that the Defence Committee has the power to hold an appointment hearing on the ombudsman. We also think it is good that the Government have accepted amendments from the Defence Committee. Aside from the inherent merits of those amendments, it is simply good procedure that in setting up an ombudsman, the Executive listen to the legislative branch and give Parliament and the Defence Committee the chance to influence the procedure. The ombudsman will have trust only if they bring not just the Ministry of Defence but Parliament, the public and institutions such as the Defence Committee with them. On those grounds, I move the amendment, but will not press it to a vote.

[Mrs Madeleine Moon (Bridgend) (Lab)]

I shall speak briefly to the amendments tabled by the Defence Committee and to amendment 23, which I tabled.

The armed forces, as I frequently tell my constituents, are a closed institution with their own language, dress code and standards. Most personnel live a closed life that is mostly unobserved by society, but which represents the highest values of our society. The armed forces also have their own internal disciplinary system and legal system—AGAI 67. Abuses of the system can remain hidden and have done, as seen in the double jeopardy cases I have discussed in the House and in the Public Bill Committee. Those cases were revealed only because of whistleblowers.

One of the most important things we must accept about the armed forces is that innate to them is a huge desire for justice. Armed forces personnel have a huge recognition of the importance of justice and the importance of people being dealt with fairly. However, papers frequently come through my office that demonstrate that the service complaints system to date has not necessarily been working fairly.

I welcome the changes that the Minister of State, Ministry of Defence, the hon. Member for Broxtowe (Anna Soubry), accepted in Committee. I also welcomed her intervention on Second Reading when she revealed that the issue of double jeopardy would be addressed. I hope we shall have regular updates on the efforts to access the 587 ex-employees, 194 of whom had their service terminated and five of whom had their rank reduced.

Armed forces personnel have limited access to employment tribunals. It is therefore critical that the internal system operates well and gives a sense of confidence to armed forces personnel. We know that the delays are growing. As the number of armed forces personnel decreases, the pressure on personnel increases. The number of people who investigate and adjudicate in the matter of service complaints is also decreasing. As I have said, the creation of the service complaints ombudsman and the changes that were introduced in Committee are the last chance for the armed forces to maintain the current closed system.

[Jim Shannon (Strangford) (DUP)]

In Committee, the delays for serving soldiers and those employed by the Ministry of Defence in getting their complaints heard concerned me greatly. There are also people who have lost their jobs or who have been suspended—one of my constituents has been suspended for four years on full pay. Will the proposed changes restore much-needed confidence in the process?

[Mrs Moon]

In many respects that is the critical issue, and I hope the Defence Committee will take an active role in monitoring and adjudicating on whether we need to come back to the Bill and decide whether further changes are necessary. Papers that I received this morning tell me that 74% of the Army’s open service complaints exceed the 24-week deadline—six months—and only 51% of new service complaints in the RAF were resolved in 24 weeks during 2014. In January 2015, the Army had 724 service complaints outstanding from 2013 and previous years. The Navy had 144, and the RAF 165. Those figures are deeply worrying—we are about to introduce a new, complex system with opportunities for the ombudsman to be much more proactive in intervening in service complaints, yet we already have a huge backlog of complaints. I would like the Minister to address whether those outstanding complaints will be subject to the new rules introduced by the Bill, and whether they will be assessed under rules of maladministration. That will be one of the critical deciders as to whether there is confidence for those who have been held in the system and experienced horrendous delays.

Parliament sets the standards that it expects our armed forces to operate to, and it must have confidence that the internal military system works. As I said, Parliament has the opportunity in 2015 to review further the operation of the service complaints system, and to remove control of the system from the chain of command unless we see the changes that we want and our armed forces deserve. Internal papers that come our way suggest that, increasingly, reserves will be used to help to deal with complaints. Will the Minister say how often reserves will be used to sit on panels and change the way that complaints are dealt with?

There are positives to using reserves, because they come with a wider perspective of life outside the armed forces and know how some of the bullying and harassment, and some of the horrendous cases that have come to public attention, would be dealt with in a wider employment setting. That could be a constructive move forward, but it is important at least to be clear about what is happening, whether reserves are being used in that way, and what skills they are bringing to the complaints system and its operation.

There are a number of complaints within the current system such as poor quality entry of complaints into the joint personnel administration system, which is where complaints are held. Indeed, in December 2014 the service complaints wing identified more than 70 service complaints that had not been notified through the unit as a service complaint, and had not been entered on to the system. We therefore do not even know whether we are still getting accurate figures for service complaints. On delay, as I have said, the numbers are growing. It is important that people feel confidence in the system, and that the system is seen as robust and working.

--- Later in debate ---

[Anna Soubry]

I think the hon. Gentleman misunderstands me. We could have played politics, but I absolutely was not going to do that. My officials would not dream of such a thing, of course, but we could have done that because the amendments were not clear. I took the firm view that it was clear what the Committee wanted and that we should do everything we could to put it into effect. There was a good argument for waiting until the next armed forces Bill, but I took the view that that would not be right. It was clear what the Defence Committee wanted and what the Public Bill Committee wanted. That is why the Government have tabled the amendments. We know that that is, in effect, the will of the legislature. I am pleased to see my hon. Friend the Member for Penrith and The Border (Rory Stewart) nodding.

The amendments will give us a Bill and a process that will help our people understand when they can approach the ombudsman, on what matters and at what stage of the process, and they will give the ombudsman the teeth needed to hold the services and the MOD to account. I therefore commend amendments 1 to 21 to the House.

[Mrs Moon]

Amendment 22, which is in my name, seeks to define “undue delay”. I pay respect to the Minister, who has taken time to meet everyone involved with the Bill. We had considerable discussion on the issue of undue delay and how it could be defined, and we agreed that, although I would not press the amendment today, it was important that there was a dialogue about delay.

There are two things that one can say for certain about the current complaints system: delay is an endemic problem within the system, and everyone is aware of it. It came to the attention of the Committee many times that only 25% of cases are resolved within a 24-week target, and only 26% of complaints made in 2013 were closed during that year. The internal risk register looking at the implementation of the service ombudsman Bill within the MOD stated that there was a high risk that the system would lose further internal credibility if there was continuing media exposure of how powerless the ombudsman is. Rather than media exposure taking place, it is important that the system operates well so that there can be internal confidence.

There is a high risk that the system will continue to fail and that current delays will continue. There is a high risk that service personnel will be let down, damaging their mental health and leading to suicide attempts. None of us wants to see any of that, which is why the Defence Committee has worked as closely as possibly with the Minister to ensure that we move forward in a constructive and productive manner.

In January 2013, 325 complaints had a red flag. By December 2013 that figure had swelled by over 50% to 500. We have seen repeatedly how delay has been used to wear down complainants so that they go away. It is also used as a punishment for complaints being made in the first place.

Members have raised concerns about this being an attack on the chain of command. Let me say that, since the Bill Committee, I have taken time—I have spoken to the Minister about this—to talk to people in the chain of command and to ask them how they feel about the changes introduced by the Defence Committee. Every person I have spoken to has welcomed the changes and not felt threatened by them. They all felt that the changes were right and that they would focus people’s minds and attentions on complaints so that they are not put in a cupboard and regarded as an annoyance, but are seen as one of the parts of the job to be dealt with first, so that the unit operates efficiently and effectively. The bad pennies that exist would be dealt with quickly and a clear message would be sent that bullying and harassment, in particular, would not be tolerated anywhere in the chain of command.

Delay is caused in part by the labyrinthine system that was initially set up by the Ministry to process complaints. In his evidence to the Defence Committee, retired Lieutenant Colonel Jeremy Field railed against the masses of paperwork involved. The abuse of process by those in the chain of command either to propel a dubious complaint or to hold up a legitimate but inconvenient one is also a worrisome cause of delay. Such abuses can have a devastating impact on individual complainants and on their mental health and well-being. When such cases come into the public domain, the system and confidence in it are undermined.

I raised the case of Tom Neathway on Second Reading and in Committee. Another concerning case that I would like to mention briefly is that of Sergeant Major Michael Booley, who was Prince Harry’s flying instructor. He accused the Army of gross mistreatment after a four-year dispute that ended his distinguished career. When reading about the case, it is very worrying to see that the service complaints panel found that Major Graham, who Sergeant Major Booley claimed had been acting deliberately and maliciously against him, was an unreliable witness and that his conduct not only wronged the complainant, but acted against the interests of his employers in the Army. I think that that is the big issue. Where there is bullying and harassment, it is against the interests of the Army, the RAF or the Navy. We must always keep that central to our thinking and our focus when looking at complaints. That is why the changes set out today are so important.

I think that it is important to have some sort of definition of undue delay, but I accept that it might not necessarily need to be in the Bill, or even in regulations. It can be something that the ombudsman sets out herself when setting out the definitions that will guide her judgments. I therefore hope that the Minister will consider and discuss with the ombudsman how we can move that forward.

[Mr Kevan Jones]

I give the Minister 10 out of 10 for her brass neck, because these amendments were tabled subsequent to her losing the vote in Committee, and the Government do not want to press them to a vote tonight for fear that she might lose again. The amendments are consequential to the major change that took place in Committee, namely that to the nature of the ombudsman. What the Minister originally proposed was a dry institution that would have dealt only with maladministration, but the ombudsman’s role has now been opened up to cover a wider range of complaints. I have been arguing for that for a long time, and the Defence Committee also argued effectively for it in its report.

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[Anna Soubry]

I must say that I thought I had been rather gracious in defeat, so it was a little churlish of the hon. Member for North Durham (Mr Jones)—[Interruption.] He shouts louder than I do from a sedentary position. I have to say that it is to the coalition’s credit that all we are doing in the Bill, with the creation of the ombudsman, has been done in just over four years, while the Labour party did not do it in 13 years.

I want to address amendment 22. I know it is an awful expression, but the hon. Member for Bridgend (Mrs Moon) and I are absolutely on the same page. We know that undue delays are the absolute devil of any system. It is not a widespread problem, as my hon. Friend the Member for Beckenham (Bob Stewart), who has moved to a different place, has quite clearly and properly said, but when it happens, it is a real problem. The attitude is, “Oh, let’s prevaricate. Let’s put up some device. They’ll just go away, or they’ll give up in the end.” We must stop such an attitude, so I completely and totally understand what the hon. Lady is seeking to do. In that respect we are absolutely at one, but not on how we achieve it. I obviously accept the good intentions behind amendment 22, but I shall it because it is not the device to achieve what we both want.

The time taken in progressing a complaint can be affected by any number of events, such as illness, deployment, which I have mentioned, and training. Sometimes the complainant shows a lack of interest, even though the complaint is valued and should be pursued. A complainant might decide not to pursue it for a period but then come back to it, or they might not be going to pursue it and then realise that they should do so for reasons that we can imagine, but often because others have given them support. Of course, the need to find relevant information can also delay things.

It is important for all concerned that no strict definition is applied. If one were, it might deter worthy cases from being raised or constrain the ombudsman’s discretion as to what is in scope. I am one who looks for discretion as opposed to fixed, determined dates or targets. It should be for the ombudsman to set out guidance on what individuals might need to consider if they believe that they have suffered undue delay in progressing their complaint.

This is not a matter for legislation. Putting the advice in the ombudsman’s guidance will ensure that there is the necessary flexibility to adapt it to reflect real experiences. With some complaints, undue delay might be six or nine months. We need that flexibility. That is why it is right to leave it to the ombudsman to set out her—or, in time, his—guidance.

[Mrs Moon]

To use the horrible expression that the hon. Lady used, we are on the same page. As of 26 January 2015, 1,033 complaints that had been open since 2013 were still unresolved. We are on the same page in that neither of us wants to see that continue. Let us hope that the ombudsman finds a way to deal with such undue delays.

[Anna Soubry]

Absolutely. I hope that the hon. Lady is comforted by the fact that we are looking at whether the complaints that are already in the system can be brought into the new system. I imagine that long delay is a matter that we will want to bring to the ombudsman’s attention. Again, it all depends on the nature of the complaint and what the circumstances are. The Second Sea Lord, Sir David Steel, made the point to me that he had seen some cases in the Navy that were huge because they were about complicated allowances and so on and so forth.

However, it struck me that the cases that the hon. Lady referred to were not particularly complicated. Those delays were absolutely unacceptable. It is often the person-to-person complaints or grievances that must be dealt with expeditiously. That is in everybody’s interests, not just the complainant’s. The person against whom the complaint is made also wants determination and justice. Not every complaint is well founded; there are cases in which false allegations are made. It is therefore in the interests of the person against whom the complaint is made that it is dealt with fairly, justly and with all due diligence and expedition.

For all the reasons that I have given, I resist amendment 22 and urge everyone to accept the other amendments.

Amendment 1 agreed to.

Amendments made: 2, page 6, line 29, after “complaint”, insert

“, where the Ombudsman is satisfied that the complaint has been finally determined”.

This amendment makes a drafting change in consequence of amendment 9. It clarifies that the Service Complaints Ombudsman may not investigate a service complaint unless satisfied that the complaint has been finally determined.

Amendment 3, page 6, line 31, leave out from “complaint” to end of line 32 and insert

“(including an allegation of undue delay), where the Ombudsman is satisfied that the complaint has been finally determined;”.

This amendment makes minor drafting changes, including a change in consequence of amendment 9. It clarifies that the Service Complaints Ombudsman may not investigate an allegation of maladministration unless satisfied that the service complaint to which the allegation relates has been finally determined.

Amendment 4, page 6, leave out lines 33 to 37 and insert—

“(c) an allegation of undue delay in the handling of a service complaint which has not been finally determined;

(d) an allegation of undue delay in the handling of a relevant service matter.”

This amendment clarifies when the Service Complaints Ombudsman may investigate an allegation of undue delay in the handling of a service complaint or a relevant service matter (as to which, see amendment 6).

Amendment 5, page 6, line 37, at end insert—

“(1A) The following persons are within this subsection—

(a) in a case relating to a service complaint, the complainant;

(b) in a case relating to a matter in respect of which a service complaint has not been made, the person who raised the matter,

and, in relation to a case mentioned in paragraph (b), references in the remainder of this Part to the complainant and to a service complaint are to be read respectively as references to the person and the matter mentioned in that paragraph.”

This amendment makes provision about who may make an application to the Service Complaints Ombudsman for an investigation under new section 340H(1) of the Armed Forces Act 2006.

Amendment 6, page 6, line 37, at end insert—

“( ) For the purposes of subsection (1)(d)—

(a) “relevant service matter” means a matter of a kind about which a service complaint—

(i) may be made, whether or not at the time of the application to the Ombudsman such a complaint has been made, or

(ii) could have been made (but for provision made by virtue of section 340B(2)(c));

(b) the reference to the handling of a matter is to its handling before the making of a service complaint (if any) about the matter.”

This amendment defines “relevant service matter” for the purposes of paragraph (d) of new section 340H(1) of the Armed Forces Act 2006 (see amendment 4) and makes provision about the reference to the handling of such a matter.

Amendment 7, page 6, line 39, after “writing,”, insert—

“() must specify the kind (or kinds) of investigation which the complainant wishes the Ombudsman to carry out (an investigation under a particular paragraph of subsection (1) being a “kind” of investigation for this purpose),”.

This amendment provides that an application to the Service Complaints Ombudsman must specify which type or types of investigation the applicant wants the Ombudsman to carry out.

Amendment 8, page 6, line 40, leave out “the” and insert “any other”.

This amendment is consequential on amendment 7.

Amendment 9, page 6, line 42, leave out from beginning to “a” in line 44 and insert—

“( ) For the purposes of this section, a service complaint has been finally determined where—

(a) ”.

This amendment converts new section 340H(3) for the Armed Forces Act 2006 into a general proposition about when a service complaint is to be treated for the purposes of new section 340H as having been finally determined.

Amendment 10, page 7, line 5, leave out “that”.

This amendment is consequential on amendment 9.

Amendment 11, page 7, leave out lines 7 to 11 and insert—

“( ) The purpose of an investigation is—

(a) in the case of an investigation under subsection (1)(a), to decide whether the complaint is well-founded and, if so, to consider what redress (if any) would be appropriate;

(b) in the case of an investigation under subsection (1)(b), (c) or (d), to decide—

(i) whether the allegation is well-founded, and

(ii) if so, whether the maladministration or undue delay to which the allegation relates has or could have resulted in injustice being sustained by the complainant.”

This amendment clarifies the purpose of an investigation under each paragraph of new section 340H(1) for the Armed Forces Act 2006.

Amendment 12, page 7, line 11, at end insert—

“(4A) The power to carry out an investigation under subsection (1)(a) or (b) includes power to investigate any maladministration in the handling of the service complaint where it becomes apparent to the Ombudsman during the course of an investigation that any such maladministration may have occurred.”

This amendment provides for the circumstances in which the Service Complaints Ombudsman has power to investigate maladministration in the handling of a service complaint (other than any maladministration that the complainant has specifically alleged).

Amendment 13, page 7, line 12, after “application”, insert

“in respect of a service complaint that has been finally determined”.

This amendment is consequential on the amendments to new section 340H(1) for the Armed Forces Act 2006 (in particular amendments 2 to 4).

Amendment 14, page 7, line 25, leave out “investigated an application relating to” and insert

“carried out an investigation under subsection (1)(a) or (b) in relation to”.

This amendment confines new section 340H(8), which prevents the Service Complaints Ombudsman from investigating subsequent applications relating to a service complaint that the Ombudsman has already investigated, to cases where the Ombudsman has carried out an investigation under new section 340H(1)(a) or (b) in relation to the complaint.

Amendment 15, page 7, line 31, at end insert “;

(b) whether to investigate a service complaint, or an allegation, as a whole or only in particular respects.”

This amendment provides that the Service Complaints Ombudsman may investigate a service complaint, or an allegation, in whole or in part.

Amendment 16, page 7, line 44, after “investigation”, insert “under section 340H(1)(b)”.

This amendment is consequential on amendments to new section 340H(1) of the Armed Forces Act 2006.

Amendment 17, page 8, line 43, at end insert

“, and

(b) any recommendations referred to in subsection (2A).”

This amendment requires the Service Complaints Ombudsman to include, in a report under new section 340L, any recommendations required by subsection (2A) (see amendment 18).

Amendment 18, page 9, leave out lines 1 to 4 and insert—

“(2A) Those recommendations are—

(a) on an investigation under section 340H(1)(a) where the Ombudsman finds that the =-service complaint to which the investigation relates is well-founded, the Ombudsman’s recommendations (if any) on what redress would be appropriate;

(b) on an investigation under section 340H(1)(b), (c) or (d) where the Ombudsman finds that the allegation to which the investigation relates is well-founded, the Ombudsman’s recommendations (if any) as a result of that finding;

(c) where, by virtue of section 340H(4A), the Ombudsman finds maladministration in the handling of a service complaint, the Ombudsman’s recommendations (if any) as a result of that finding.”

This amendment provides for the recommendations which the Service Complaints Ombudsman can make as a result of findings on an investigation under any paragraph of new section 340H(1) or by virtue of new section 340H(6).

Amendment 19, page 9, line 5, leave out “(2)” and insert “(2A)(b) or (c)”.

This amendment is consequential on amendment 18.

Amendment 20, page 9, line 8, after “maladministration”, insert

“or undue delay to which the finding relates”.

This amendment is consequential on amendment 18.

Amendment 21, page 9, line 10, after “maladministration”, insert “or undue delay”. —(Anna Soubry.)

This amendment is consequential on amendment 18.

Third Reading

Service Personnel (Ukraine)

Madeleine Moon Excerpts

Wednesday 25th February 2015 Commons Chamber

[Michael Fallon]

I agree with my predecessor but one as Secretary of State. We are supplying defensive equipment. It might not be lethal, but it does help the Ukrainian armed forces better defend themselves. As I said in my initial statement, in addition to the secondment of 75 trainers we are considering a further request from the Ukrainian Government for additional equipment and support. That is non-lethal, but we reserve the right ultimately to keep it under review.

[Mrs Madeleine Moon (Bridgend) (Lab)]

The Secretary of State said that the 75 trainers would “mostly” be in Ukraine. Where else will they be operating from? If any Ukrainians are coming to the UK for training, can we have an absolute assurance for the citizens of the UK that we will not face another incident such as those in Bassingbourn, where we were training Libyans and members of the Cambridge community were assaulted? Can we have an assurance about how many are coming to the UK and where else they will be trained?

[Michael Fallon]

It is slightly unfortunate that the hon. Lady has compared the general purpose force we were attempting to train—a very raw force of recruits from Libya—with the Ukrainian armed forces. She asked me a straightforward and quite reasonable question about where else the training might be. There will be, and has already been, some training in the UK, but there can also be training in countries alongside Ukraine. We are looking at where the training can best be provided, but it is likely that most of it will be provided in Ukraine, in the Kiev area or elsewhere in the west of Ukraine, areas that are very familiar to the British military as we have been on exercise there in the past.

Oral Answers to Questions

Madeleine Moon Excerpts

Monday 23rd February 2015 Commons Chamber

[Mr Francois]

There are currently about 1,200 UK military and civilian personnel in the Falklands Islands. They support a range of air, sea and land capabilities, including Typhoon aircraft, support helicopters, offshore patrol vessels, air defences, and a resident infantry company. My right hon. Friend is an established former member of the Defence Committee—indeed, its former Chair—and the whole House will have heard what he said.

[Mrs Madeleine Moon (Bridgend) (Lab)]

17. How many service personnel were dismissed from the Army, demoted or otherwise penalised as a result of having received a police caution between 2008 and 2011.

[The Minister of State, Ministry of Defence (Anna Soubry)]

Initially, in reply to the hon. Lady’s campaign, I said that the figure was 1,500, but we have made further inquiries because our aim is to contact everybody. We now think that the figure is nearer to 1,200—1,000 in the Army. As we make those inquiries, it is important to appreciate that not everybody who was penalised in some way had that happen as a result of their receiving a police caution—other matters may have been involved as well—so we are exploring all that.

[Mrs Moon]

The Minister will be aware that at least 58 of those personnel were discharged from the armed forces. On a rough calculation of losing, say, a £25,000 salary for just one year, compensation of over £1.25 million would be due. What assessment has she made of the cost to the defence budget of the military law-breaking and cover-up that was involved?

[Anna Soubry]

As I have explained, we are identifying all the individuals so that we can contact them and advise them accordingly. I have made it very clear that I want to see action by the three armed forces to anticipate what may come forward so that we do not suffer any more delay and there are no injustices.

Armed Forces (Service Complaints and Financial Assistance) Bill

Madeleine Moon Excerpts

Monday 2nd February 2015 Commons Chamber

[Anna Soubry]

On the basis of what my right hon. Friend has just said, I would agree. I urge him, and any other hon. Member, to come to see me. I would have no difficulty in taking up whatever case it may be on behalf of a constituent or an hon. Member. I would be happy to do that. He makes a good point. It is imperative that we work across government. I am pleased that that includes working with local authorities.

Our armed forces do not have the same opportunities for redress on employment issues as civilians—they do not, for example, routinely have access to employment tribunals. We must therefore ensure that there is a robust system in place to deal with any complaints they may have in connection with their service. Such a system needs to be able to deal with grievances quickly and fairly. When it comes to speed, we know that there are some serious failings in the existing system.

That is not just right in principle but is essential for operational effectiveness. If a group of men and women are happy and content in their work, it goes without saying that they will work well, whatever the circumstances of their work may be. Having unresolved complaints breeds discontent, which can undermine morale and diminish our fighting capability.

I turn now to the specific proposals in the Bill. The existing complaints system was set up by the Armed Forces Act 2006 and covers all three services. Many complaints are dealt with promptly and successfully, but we accept that performance is still not good enough and that it can be significantly improved.

It is good to remind the House at this stage of some of the statistics. Fewer than 1% of our service personnel feel that they have any need to raise a grievance and use the complaints system. Of the complaints that are made, it is interesting to note that the majority are not about bullying, harassment and discrimination. It is fair and right to say that those are the most serious complaints, but I note that in the Navy, for example, 10%—I am not going to say only 10%, because 10% is too many —of complaints are about bullying, harassment and discrimination; the overwhelming majority relate to pay, conditions and allowances.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Has the Minister seen the briefing from the Equality and Human Rights Commission? It says that

“there are compelling legal and practical arguments for removing the requirement in section 121 of the Equality Act 2010 for a service complaint to be raised before a discrimination claim is made to the employment tribunal.”

Does she agree that members of the armed forces facing discrimination should have greater rights to go to an employment tribunal?

[Anna Soubry]

I do not think it is as simple and as straightforward as that. As evidence emerges, one of the things we are finding is that more members of the armed forces—notably women—rightly feel more able to make clear allegations, which doubtless are well founded, of bullying, harassment and so on, and that often such grievances are settled privately. What I mean by that is not that they are settled in some cosy way, in a corridor, but that people do not necessarily have formally to go through the grievance system. I am open to making sure we get the right result, and I certainly want to make sure nobody in our armed forces suffers from any form of discrimination, bullying or harassment, but the way in which we achieve that is perhaps the debate to be had—we are all agreed absolutely on the aim.

The hon. Member for Bridgend (Mrs Moon) will, I know, have noticed that 10% of Royal Navy cases were for bullying, harassment or discrimination, and that the figure is 43% for our Army and 38% for the RAF. The figures show that, as we know, we have considerably more to do to make sure that it does not matter what anyone’s sex or sexual orientation is, and that they should be free within our armed forces, and indeed anywhere else, from any form of bullying, harassment or discrimination. I wanted to put on record the fact that the majority of cases are about pay, pensions and allowances.

In her annual report, published on 27 March last year, former Service Complaints Commissioner Dr Susan Atkins could not provide an assurance that the current system was operating efficiently, effectively or fairly. That is of concern not only to everyone in this House but, I assure Members, to all Ministers in the MOD, and rightly so.

It is only right and fair that at this stage I pay tribute to the great work that Dr Susan Atkins did in her time as commissioner. I found it a great pleasure to work with her. I think she started her job in a different place from where she ended it, and I think she made huge strides. I have no doubt that she faced many difficulties in her appointment, but she seized them robustly, she took no prisoners, and she undoubtedly improved the system. I hope that the members of the House of Commons Defence Committee, who I know took a keen interest in her work, will agree with my assessment of the great work she did, and that we will sorely miss her.

I also think I speak on behalf of everybody—and if I do not, I will be intervened on, no doubt—when I say that we have an excellent replacement in Nicola Williams, who will be our first service complaints ombudsman. She, too, is an outstanding individual and, if I may say so, an outstanding woman.

--- Later in debate ---

[Mr Jones]

rose—

[Mrs Moon]

rose—

[Anna Soubry]

I was going to take the hon. Lady’s intervention, but if the two of them are going to fight, I will take the hon. Gentleman’s intervention.

[Anna Soubry]

I am grateful for the factual explanation that has been given.

[Mrs Moon]

The Minister has set out clearly that where complaints come to the commissioner and she begins to see thematic things happening, she can go to the chain of command. She can go the Secretary of State and she can highlight that, but during the entire time the Service Complaints Commissioner for the Armed Forces has been in post, the Secretary of State, having had those reports, has had the power to ask for an investigation and has never done so. That is why we need the Secretary of State to pass those powers to the ombudsman, so that she can investigate.

[Anna Soubry]

I am struggling to have much sympathy with that argument, because it is certainly my experience that allegations are taken extremely seriously by the Secretary of State, and indeed by any other Minister in the Ministry of Defence. It is also my experience of the service chiefs, notably the new head of the Army—the new Chief of the General Staff—that on issues of bullying, harassment and the role of women and any discrimination against women, they are extremely rigorous. In every conversation and meeting I have ever had with the Chief of the General Staff, even when I might have wanted to talk about one or two matters as well as the role of women, he has insisted that we speak about that, such is his determination to eradicate harassment, bullying and sexual discrimination in the Army. We have seen a huge sea change, and it is to be welcomed, not criticised.

--- Later in debate ---

[Mr Jones]

I am glad to see that the dinosaur tendency of the Conservative party is still alive and kicking on the Back Benches. Exactly the same arguments were made against the introduction of the armed forces complaints commissioner. This is not about making the training or the discipline less rigorous; it is about behaviour that is totally unacceptable. The hon. Gentleman should read Lord Justice Blake’s report and the Select Committee report that went alongside it to see whether he can justify some of the things that went wrong then. I accept that, as the Minister says, things have moved a long way since then, but the type of behaviour that we saw was not acceptable then and is not acceptable now.

[Mrs Moon]

The argument that has just been articulated—that somehow the armed forces are different and separate—may be part of the reason why so few Members are present in the Chamber. There is a feeling that that is so. The reality is that the law is set by this House. This House sets the rules and the legislation under which the armed forces operate, and long may that last. That is how a democracy works. The service chain of command must accept that.

[Mr Jones]

I agree with my hon. Friend. We are making progress by changing the attitudes of some of the old and the bold in the Conservative party and changing the culture among the senior management of all three services, who accept as a fact of life that bullying, harassment and sexual discrimination are not acceptable in our armed forces and will not be tolerated. The Minister is right that the present chiefs, as I know them, take a zero-tolerance view of such behaviour, and this will support them in ensuring that it does not happen.

--- Later in debate ---

[Mrs Madeleine Moon (Bridgend) (Lab)]

It is a great pleasure to follow my friend the right hon. Member for North East Hampshire (Mr Arbuthnot), who made a calm, measured contribution, and who showed amazing leadership as Chair of the Select Committee on Defence. As a new member of the Committee, I certainly found he set the tone for our many deliberations, and he had, I must admit, a calming effect on some of my more vociferous opinions. The House will miss him for his dedication, his belief in public service and his belief in the defence of the United Kingdom.

This Bill, and this day, have been a long time in coming. A whole decade has passed since the Deepcut review by Nicholas Blake QC and the Defence Committee’s “Duty of Care” report, both of which recommended the establishment of a service complaints ombudsman. In that report, the Committee found that the resolution of complaints was slow and may not always be perceived as accessible and fair.

Much has been said and done during the decade of piecemeal reform, but the underlying inadequacy of the system remains unaltered. In 2008 the newly established Service Complaints Commissioner, Dr Susan Atkins—I will not add to the praise heaped on her for her work, because enough has been said, but I totally endorse every word that has been said—said in her first annual report that while progress had been made, “performance is generally poor”. In 2009 she said the system was not working “efficiently, effectively or fairly.” She reported the same thing in 2010, 2011, 2012 and in 2013. In that report she said:

“Since the role of Service Complaints Commissioner was established in 2008, she has not been able to report to the Secretary of State that the Service complaints system operates efficiently, effectively or fairly. This has been because of a lack of confidence in the system, unreasonable delays in the resolution of complaints and a lack of accurate data on how complaints are handled.”

If this Bill does not tackle those complaints, we are wasting our time. Dr Atkins’s seventh and final report is due in the next few weeks, and I think it is relatively safe to assume that the pattern is not going to be broken. This Bill must change that pattern.

The commissioner has pinpointed three main problems. First, there is a

“lack of confidence in the system”

from the very people it is designed to help. In the latest report, the commissioner points out:

“Service personnel have a low level of confidence in the current system which does not offer all complainants the assurance of an independent person overseeing their complaint outside the chain of command in any effective way.”

This low and decreasing level of confidence that personnel have in the system can be seen in the armed forces continuous attitudes survey, which shows dissatisfaction increasing in relation to the time taken, being kept informed, and support from assisting officers. For example, the survey asked those who said they did believe they had been the subject of discrimination, harassment or bullying in the last 12 months why they had not made a formal complaint. The reasons given included,

“I did not believe anything would be done if I did complain”—

54%—

“I believed it might adversely affect my career or workplace”—

53%—

“I was worried that there would be recriminations from the perpetrators”

—30%—and

“I did not want to go through the complaints procedure”—

23%.

The commissioner also points to a “lack of accurate data”. In last year’s report the commissioner found that the data provided by the Army and the RAF contained a number of serious gaps and inconsistencies. Only the naval service was able to provide her with confidence in the accuracy of the data it was providing. That is fairly shocking in the days of electronic data. The inaccuracy of the data coming from the Army was particularly alarming, with the commissioner drawing attention to the Army’s failure accurately to record allegations of indirect discrimination. For an organisation as committed to ensuring diversity and inclusion as the Army, the loss of this crucial data is distressing. As the commissioner points out, these elementary recording failures not only undermine confidence in the efficiency of the system but hamper the shared aim to use

“Service complaint data, together with data on discipline and administrative action, plus information from Service Inquiries, to identify areas and units which have problems and which may affect operational performance.”

Thirdly—this is by far most important point—the commissioner highlights the chronic delays that riddle this system from beginning to end. Delay is by far the biggest and most corrosive problem. It exacerbates, and in part helps explain, the two previous problems.

The evidence on the extent of delay in the system is damning. In 2013, aware that they had this problem of chronic delay, the MOD and the services agreed to meet a time limit of 24 weeks to resolve at least 90% of their complaints, and any complaint not dealt with in 24 weeks would be “red flagged”. So there was a recognition that there was a problem, and a solution, thanks to the work of Dr Atkins, was put in place.

In 2013, however, only 25% of cases

“were resolved within the 24-week target”,

and:

“Only 26% of complaints made in 2013 were closed during the year.”

In January 2013, 325 complaints had a “red flag”. By December 2013 this had swelled by over 50% to 500 complaints.

One need only look at the case of Parachuter Lance Corporal Tom Neathway to see the harm delay can do, and not only to the lives of our armed forces personnel. His story also stands as a textbook example of the structural flaws that any future system must avoid.

In July 2008, Corporal Neathway, while serving in Helmand, lost both his legs and an arm when a booby-trapped sandbag exploded beneath him. Over the next three years—not 24 weeks, but three years—through sheer guts and determination and with the support of the armed forces, Corporal Neathway rebuilt his life and his career, and I pay tribute to that because the work the armed forces have done with seriously injured personnel is amazing. His story became a case study of how injured personnel can recover and overcome their injuries: he took part in the Olympic torch relay in 2012 and starred in the BBC series “Wounded”, showing the fantastic work done with our injured personnel. Sadly, however, in 2011, while at the parachute training support unit at RAF Brize Norton, where he had been based since returning to work in 2009, he was subjected to increasingly serious bullying by Regimental Sergeant Major Alistair Hutcheson, who at one point told the triple amputee:

“You’re not much of a paratrooper any more”.

Corporal Neathway did the right thing: he lodged a complaint to seek redress against an instance of bullying. That the complaints system failed him is an understatement. He had to endure a three-year ordeal in the search for justice from the British Army, facing a series of unacceptable delays that held him up every step of the way. When Corporal Neathway finally secured justice at the service complaints panel in October last year, the verdict was damning. The panel found definitively that the initial investigation by his commanding officer, Major John Chetty, constituted a professional failing. His questioning of witnesses was wholly inappropriate, and a review, by Brigadier Greville Bibby, which held up Corporal Neathway’s search for redress, was also discredited, with the Brigadier leaving the Army. As Corporal Neathway has said, the Army

“had to be dragged kicking and screaming to an oral hearing. They had told so many lies and finally it all unfolded”.

I am unfortunately someone who is often contacted by people when the system fails, so the Minister knows—we have discussed this many times—that I perhaps have a jaundiced view. I tend to hear from the people who are failed by the system. I do not dispute that the system works for some people, but I regularly hear from people who face similar failures to the one that Corporal Neathway experienced. To hold someone in a complaints system for three years is shameful—

[Anna Soubry]

indicated assent.

[Mrs Moon]

I am glad to see that the Minister agrees with me. There are dozens, perhaps hundreds, of people in situations like Corporal Neathway’s who have not been so lucky—

[Anna Soubry]

I know that it is not normal for a Minister to intervene, but I wanted to say that we are as one on this. The case of Corporal Neathway was shameful and disgraceful. I hope that the hon. Lady will take my word that at no time did I ever say that he was not being wholly honest in his complaint. I wrote to him in October offering to meet him, and I hope that he will take up that offer.

The hon. Lady and I both look forward to a speedy inquiry—an overarching inquiry—into what was a shameful incident.

[Mrs Moon]

I thank the Minister for her intervention. I know that she said earlier that she would not intervene on Back Benchers, but I have no objection to her intervening. We have had many a robust exchange in the time we have worked together and I have always enjoyed them. I have no objection to robust exchanges because at bottom we have the same conviction—that the best system for the armed forces must and will be put in place. We might disagree about how we get there, but we agree that we have total commitment to ensuring that the men and women of the armed forces will be protected from bullying, harassment and discrimination, and that those involved in such behaviour will be sought out and punished.

Corporal Neathway was in some ways fortunate in that he had the attention of the media and he had contacts, but service personnel noted that it took that to get justice. They too feel the impact of the incredible lethargy in extreme cases such as Corporal Neathway’s, which can stretch far beyond 24 weeks into hundreds of weeks. The Minister knows that I have received complaints from several people who had given up on their service complaints and left the armed forces, because the delay compounded their punishment. They felt that the delay was used as a way to force them out, to make them and their complaint disappear. That compounds their distress. They had given their lives to their country, but when they were the victims, they were told that they were the problem and to get out. That is unacceptable and the system cannot allow that to continue.

In the 2012 armed forces continuous attitude survey, 46% of respondents reported dissatisfaction with the time taken to process a complaint, with only 39% satisfied. In 2013, that had worsened to 66% dissatisfied. The Minister knows of another area in which I have taken an extreme interest. In January 2013, an article in The Times revealed that some 1,400 soldiers in the British Army had been illegally disciplined over three years, between November 2008 and September 2011. That happened because in November 2008 a change in the Rehabilitation of Offenders Act 1974 meant that police cautions were from then on to be considered spent the second they were issued. The Army thought it had an exemption from the Act and continued to punish personnel who received cautions. It only caught up with the change in the law in 2011. It stopped the practice, but that left unresolved the question of what to do with the 1,400 personnel who, over the course of the two years, had received some form of administrative action following a caution. One policy brief revealed that at least 58 personnel had been dismissed from the services as a result of this double jeopardy. They should have received no punishment at all, but at least 58 had been dismissed from the services.

After much presumed handwringing and discussion, the MOD came to the conclusion that it would do nothing. A British Army policy briefing from November 2011 suggested:

“The longer we take no action the fewer the ‘in time’ complaints about other sanctions there will be. MOD policy may be not to accept out of time complaints on this issue.”

It is now February 2015—

[Anna Soubry]

Will the hon. Lady give way?

[Mrs Moon]

If the Minister will tell me that we have finally reached a decision about what we will do about the injustice to those 1,400 people, I will happily give way.

[Anna Soubry]

The hon. Lady makes, as ever, a good point. I have decided that the right thing to do is to write to all those affected—about 1,500 people—so that they are aware of the position. They will be reminded of the service complaints process which is available to them if they believe that they have been wronged in any way. Notices will also be placed in all the usual places, such as websites and some magazines. I can only apologise for the fact that it has taken us so long to get to where we are today. It has been complex, but we have got it right now and we are committed to making sure that we move forward as quickly as possible. I thank the hon. Lady for giving way.

[Mrs Moon]

I will give way as many times as the Minister wants if she brings me such good news every time. I am absolutely delighted that justice will finally be done.

[Mr Arbuthnot]

I cannot remember hearing a victory such as that announced in the Chamber, so I congratulate the hon. Member for Bridgend (Mrs Moon) who has been pursuing this matter for many years. I should also point out the value of having a lawyer in a ministerial role.

[Mrs Moon]

I thank the right hon. Gentleman for his compliment: he is very kind, as always.

I am delighted by that change of heart. I was especially concerned because there had actually been service complaints on this issue, but they had been stayed so that people could not proceed with them. The complainants were told that until the Department decided what it would do, their complaints could not proceed. A service complaints process in which complaints can be stayed for four years is unacceptable. That is why one of the amendments that the Defence Committee was eager to ensure was in place was that a person’s knowledge that they had suffered an injustice was not a reason for saying that a complaint was out of time. The Committee also wanted to ensure that delays, such as the staying of complaints, would not be acceptable and could be seen as maladministration even during the process of the investigation. I am delighted to hear the statement that the Minister has just made.

I shall turn now to the changes proposed in the Bill. The introduction of the ombudsman is a landmark reform and it is most welcome, as are the powers to overturn the rejection of complaints applications and appeal applications. The rationalisation of the complaints process, including placing a limit on the number of appeals, is a common-sense approach.

The Bill has many positive aspects, but the Minister will not be surprised to hear that I think it could go further. The ombudsman’s new powers to investigate allegations of maladministration are welcome. These are significant new powers which, if implemented properly, could allow the ombudsman to root out bad practice, inefficiencies and injustice in the complaints process, to everyone’s benefit. However, during the Defence Committee’s scrutiny of the Bill, we revealed possible confusion surrounding the extent and nature of the power, and I hope that the Minister will be able to clarify that in her closing remarks, if not now.

There seems to be disagreement between what the Minister understood and what the commissioner felt was a real step-change for service personnel. The commissioner told the Committee that proposed new section 340H did not match the policy that had been agreed with the Ministry, and that it risked undermining what the Minister hoped to achieve from the provision. Proposed new section 340H(4) states:

“The purpose of an investigation is to decide…whether the alleged maladministration has occurred”.

The commissioner and the Defence Select Committee are concerned that the wording, “whether the alleged maladministration has occurred”, is too restrictive.

The commissioner suggested, and the Committee agrees, that the Bill should be amended to make it explicit that the ombudsman could investigate and report on any maladministration in the handling of a service complaint, and we have suggested amendments to that end, listed in amendment group D in the annex of our report. In their response to the Committee report the Government dismissed this on the ground that it:

“would require the Ombudsman to look for any maladministration in every case”.

I thought that that was the whole point. The Minister is looking at me quizzically. Are we on the same ground here, or is there disagreement?

[Anna Soubry]

This is a classic example of us both wanting the same outcome, but there is a question of how we should achieve it. I am grateful to my hon. Friend the Member for Penrith and The Border (Rory Stewart), who chairs the Select Committee, because we have already discussed this matter with officials this afternoon. We believe that our changes to the regulations will achieve what we want—namely, that if the ombudsman feels that she has discovered further maladministration, she would nevertheless go back to the complainant to ensure that they were content for her to investigate it, rather than taking a blanket approach. The hon. Lady will understand that an individual might not want a particular matter to be pursued, for all manner of reasons. I am happy to discuss this with her after the debate, to see whether I can satisfy her. The point is that we want the same thing; there is just the question of whether we achieve it on the face of the Bill or in the regulations.

[Mrs Moon]

Again, we seem to have made progress and I hope that we can all agree on this point. I look forward to discussing it further with the Minister and getting clarification.

Anything that streamlines the process is to be welcomed, as is anything that opens up an opportunity for greater investigation of maladministration. The Minister and I agree that maladministration is unacceptable, no matter how or why it occurs. In cases of chronic delay, such as those of Corporal Neathway and of the four service personnel in the police cautions case mentioned earlier, the ombudsman must have the ability to intervene when the delay in handling the case has become egregious. For example, if a complaint has taken twice as long as the Ministry of Defence’s self-imposed time limit of 24 weeks, it seems reasonable that the ombudsman should be able to clarify why that delay is happening and intervene and declare it a case of maladministration.

This brings me to another amendment that the Defence Select Committee has proposed, to ensure that the powers of the ombudsman are sound, reasonable, and beneficial. Perhaps the Minister has already made some changes in this respect. The ombudsman should have the authority to undertake, at her own discretion, thematic reviews into the working of the complaints system. In our report, the Committee emphasised the positive benefit that this small but significant reform could bring, not only to individual complainants but to Ministers and the chain of command. Our report states:

“Rather than undermining it, the identification and resolution of these matters would increase confidence in the chain of command...and could contribute to identifying potential areas to be improved in the MOD’s and the chain of command’s responsibility of a duty of care towards Service personnel.”

That proposal has the backing of the Royal British Legion, with the Legion’s director general Dr Chris Simpkins powerfully pointing out:

“The problems at Deepcut could have been picked up much earlier if an Ombudsman had had the power to initiate their own inquiry. This is not an outlandish request, as the Canadian Armed Forces Ombudsman has long had the power to start thematic inquiries”.

The Equality and Human Rights Commission backs the idea, stating that it will

“support the Defence Committee’s view that the Bill should state expressly that the Ombudsman can undertake thematic reviews.”

Liberty also supports the amendment, as did Labour and Liberal Democrat peers during the Bill’s consideration in another place. The current complaints commissioner supports the principle, saying that there are benefits in the

“Ombudsmen using their broad view of the organisations that they oversee to do research and produce thematic reports so that lessons can be learned about the issues behind complaints within a particular area”.

The Government’s objections to the amendment, outlined by Lord Astor on Third Reading, seem to boil down to a concern that it could result in the ombudsman morphing into some kind of inspectorate or rapporteur for the armed forces, and that resources and time would be diverted from the ombudsman’s primary role. Affording the ombudsman the freedom to report to the Secretary of State on a matter of importance when the ombudsman considers it appropriate does not a revolution make. It is a common-sense, reasoned expansion of the powers with which the Ombudsman will be entrusted. The MOD’s fears that as a result of this minor power the ombudsman would become a vigilante investigator are simply unfounded, and stand in contrast to the amount of respect and responsibility with which the office has been entrusted in many other areas of the Bill.

Delay is the enemy. It is the root of the problems in the current system and it is a blight that needs to be eradicated. The amendments will help the ombudsman and the armed forces to build a better complaints system. Doing so will bolster confidence in the system and in the chain of command. It is hard to see why the Government, who are making so many pioneering reforms in the Bill, are unwilling to accept the Defence Committee’s major changes and recommendations.

The fight to establish a complaints system that is fit for purpose for our armed forces has been long and hard. We do not want to wait for a further crisis or tragedy before acting. To paraphrase Corporal Neathway, the Government and the chain of command have to be dragged kicking and screaming towards reform. The concerns of the heads of the armed forces are well known. The chain of command must remain pre-eminent and cannot be compromised, and their aversion to ceding too much control over the complaints process is obvious. However it is Parliament, the legislature, that manages and reforms the armed forces. It was Parliament that created the commissioner and is creating the ombudsman, and it is here in Parliament that those institutions should be held to account. The delays, the maladministration and the problems within the system must be resolved, and we must work together to ensure that the Bill does exactly that.

Trident Renewal

Madeleine Moon Excerpts

Tuesday 20th January 2015 Commons Chamber

[Mr Godsiff]

The hon. Gentleman says that we are freeloading on the United States. In fact, NATO has taken part, I think wrongly, in actions to be the world’s policeman where its component forces, not just Americans but British and other participants, have gone into theatres of operations as part of the collective NATO force. I would argue that we would be far better off maintaining and developing our conventional forces. As the hon. Gentleman knows, there have been incidents where British troops have been killed in the middle east because of a lack of body armour and because some of our machinery has not been fit for purpose. If it is a choice between modernising and maintaining good conventional forces, properly equipped to do the job, and the mythology of an independent nuclear deterrent, I would most certainly go for the conventional forces.

[Mrs Madeleine Moon (Bridgend) (Lab)]

There is at the moment quite a debate across the United States about freeloading, with a high degree of concern that about 70% of the costs of NATO are paid for by the US. Is my hon. Friend seriously suggesting that we should front-load further costs and renege on our own responsibilities in relation to the nuclear deterrent? I honestly do not think we can say that and hold our heads high in the world. In relation to the body armour, that was an issue of slow procurement, not cost.

[Mr Godsiff]

My hon. Friend is suggesting that if, all of a sudden, we gave up our 40 missiles, America would rush in to create 40 extra missiles to compensate for those that we are not going to have. The Americans have expressed regret to us about cuts that we have made in our conventional forces; they would like us to do more in that regard. I would strongly argue that that is a much greater priority than the myth of our so-called independent nuclear deterrent.

--- Later in debate ---

[Sir Nick Harvey]

I do not think that I have made my point quite clear to the hon. Gentleman. I do not believe that we have a nuclear adversary, but I am saying that we should keep the component parts of the deterrent for the time being so that if in future we concluded that we did have such an adversary, we could resume patrols. I am absolutely with him in saying that for something to have a deterrent effect, it needs to be mobilised and deployed in a timely matter, but I simply do not accept his proposition that—out of the blue, out of nowhere—an adversary will pop up who wishes to do us irreparable harm and to take the global consequences of doing so.

[Mrs Moon]

The hon. Gentleman is very kind to give way. He was a Minister at the time of the strategic defence and security review, and he signed up to it. I did not agree with many parts of that review, but it made it very plain that this country has nuclear opponents and that there is a nuclear threat. Has his opinion therefore changed not just since the 1980s but since 2010, because that is what he is saying?

[Sir Nick Harvey]

I remind the hon. Lady that the national security strategy identified such a nuclear attack as a second level threat. I believe that we have potential nuclear adversaries, but I do not believe that we have actual nuclear adversaries at the moment. To be an actual adversary requires a combination of capability and intent. I can see plenty of countries with the capability but none with the intent, and countries that may have an intent to launch a nuclear weapon at us in future are still a considerable way away from having such a capability. If any of that should change, and if any future Government should arrive at a different calculation and believe there was an enemy with both capability and intent, they would need to revisit our posture.

Trident should be retained on a flexible basis that can be ramped up or down according to our reading of the security situation, which is exactly how we approach all our other military capability. The rest of our military capability is not kept on constant patrol on the basis that that is the only point at which it has any deterrent effect; it is kept at different levels of readiness, according to our assessment of the particular threat that it is designed to mitigate.

--- Later in debate ---

[John Woodcock]

I will give way, but then I really want to take up less time than others have done.

[Mrs Moon]

Does my hon. Friend think that the world is a safer place since 1980? North Korea and Russia have increased their arsenals, Pakistan’s arsenal has grown exponentially and Iran is trying to develop a nuclear capability. Are we actually safer since 1980?

[John Woodcock]

My hon. Friend is absolutely right. The global situation is profoundly unstable. Whether or not there is a nuclear adversary precisely at this moment, we simply cannot say what will be the case in the next 20, 30 or 40 years. That is the decision we are making now: what threats we will face while other countries are increasing, rather than decreasing, their arsenals.

Labour is proud of its record on non-proliferation. My right hon. Friend the Member for Derby South (Margaret Beckett) was the Labour Foreign Secretary who committed the UK to a “global zero”—a world completely free from nuclear weapons. Britain was the first nuclear state in the world to sign up, before President Obama, before Russia—although it has clearly reneged on what it said—and, to the best of my knowledge, before either of the parties who have proposed the motion. They were busy thinking small, as is their wont. They were telling Scots that the answer to this issue was to expel nuclear submarines a couple of hundred miles south of the border—they are not coming to Barrow, by the way. They did that while having the cheek—I am not sure whether this is parliamentary language or not, Madam Deputy Speaker—to have the unbridled hypocrisy to say that nuclear weapons were grotesque and inhuman, but that they wished an independent Scotland to remain part of the specifically nuclear alliance of NATO.

--- Later in debate ---

[Mrs Madeleine Moon (Bridgend) (Lab)]

It is an old adage in Parliament that there are no votes in defence. Perhaps today has blown that out of the water. As I sat here, I was wondering whether the party political stuff should enter into this debate on a crucial defence and security issue. I have come to the view that it is helpful. I think the public need to know where the parties stand and the consequences of the votes they will be casting in May.

I was disappointed that the Secretary of State chose to refer to the Labour party as “the shower opposite”. Personally, I found that offensive and it was beneath the dignity of his office. I therefore feel free to point out that he was wrong to suggest that the Labour party is in any way lacking a total commitment to

“a minimum credible independent, nuclear deterrent, delivered through a Continuous At-Sea Deterrent”.

I will point out to the Conservative party that the one thing on which I have agreed with the Scottish National party is that its decision—in front of the Defence Committee, the Secretary of State seemed not to understand or know about it—to remove the capability offered by the Nimrod maritime reconnaissance and attack aircraft, the MRA4, would, as the National Audit Office has said, have an adverse effect on the protection of the strategic nuclear deterrent.

The Secretary of State told the Committee that the planes were not available and had never flown. Later in the evidence session, however, we were told by a senior officer in the RAF that he had actually flown the MRA4. Let us get our act together. Let us get our facts accurate. The Labour party is for a continuous at-sea deterrent and is committed to the defence and security of the United Kingdom.

I am pleased that we have a red line regarding some of the coalitions being talked about. The public need to understand that it will be impossible for Labour to enter a coalition with the Scottish nationalists, the Green party and Plaid Cymru, because of their red line on removing the nuclear deterrent. That is fine; at least we know where we stand. The public also know where the Liberal Democrats stand: they want to buy nuclear submarines but park them somewhere. It is like saying, “We’ll have a burglar alarm on our house but we’ll never turn it on, because we don’t believe there are any burglars out there.” The party political thing has gone too far but it has been helpful, in that at least the public now know where the parties stand.

Those opposed to the nuclear deterrent like to take the moral high ground, as if opposition to mass slaughter and a desire to protect this green and pleasant land were more in their blood than in the blood of we who believe that a nuclear deterrent is essential to the protection of the UK. I used to be a paid-up member of CND. When I was first elected to the House 10 years ago—new Members arrive with nothing, no office, no computer, no staff—the first letter that came across my desk was from a Mrs Hopkins in Bridgend, asking where I stood on the nuclear deterrent. I thought I knew where I stood, but I wanted to be the best MP that Bridgend could have, and I was not just going to tell her what my opinion was. I did my research and I spent a lot of time in the Library, and she was shocked by the letter she got back, because it was not what she had expected, and neither was it what I had expected to write. Having done the research and looked at all the risks and arguments, I realised that the nuclear deterrent was critical to Britain’s defence and security.

There has been lots of talk about finances and how much of the defence budget we should be comfortable with spending. We are told it is 5% or 6% at the moment, but some ask, “What if it rose to 10%?” Quite honestly, I would be worried about what the Government were spending the money on, and whether they were spending across the board and taking the security of the UK seriously, if the majority of our defence budget was going on the nuclear deterrent. It is part of a package. It is not the only thing; it is part of the thing. Yes, there are new risks and threats to this country—there always are—but just because there are new ones coming does not mean that the old ones have disappeared, because they have not; they are still there, and they are serious.

I am a member of the Defence Committee and of the NATO Parliamentary Assembly, so I talk a lot with other Governments about defence issues and where Britain stands in the world of defence. I have been to the Pentagon and the State Department, and I have asked them how critical is Britain’s nuclear deterrent. They see it not as an add-on, a joke, an irrelevance, but as essential to NATO. How do they think the American people would feel if we said, “We can’t afford to spend this, so you fess up. You pay for Britain and the rest of NATO’s nuclear capability”? That is not going to happen—let’s be real. America should not and cannot pay for the whole of the defence of NATO. It already pays too much, which is why Britain, at the NATO conference, was urging NATO allies to step up to the 2%. It is why we were so vociferous about it.

I have not just talked to the Americans; I have talked to countries in eastern Europe who face the nuclear threat and know the reality of Russia. They are terrified of that nuclear threat from Russia. It is something we need to take seriously. I have talked to the Afghans and the Pakistanis. I have repeatedly asked questions and the thing that comes out clearly is that nobody in the world would feel safer if we stepped back from our responsibilities to maintain our nuclear deterrence.

This debate is timely and important. I am aware, Mr Speaker, that you want others to speak, but may I briefly say that if Members still have any doubts, they should look at the Trident commission, which was cross-party and reported in July 2014? It said:

“If there is more than a negligible chance that the possession of nuclear weapons might play a decisive future role in the defence of the United Kingdom and its allies in preventing nuclear blackmail or in affecting the wider security context with which the UK sits, then they should be retained.”

They were cross-party speakers—key individuals in the history of this House. That was their finding; it should be ours too.

[Several hon. Members]

rose—

Oral Answers to Questions

Madeleine Moon Excerpts

Monday 12th January 2015 Commons Chamber

[Michael Fallon]

My hon. Friend, one of my predecessors as a Minister in the Department, is right to pay proper tribute to Lieutenant General Sir Simon Mayall, who was responsible for negotiating this agreement, which will put our naval presence in the Gulf on a more permanent footing. My hon. Friend is also right to say that we should continue to examine our defence engagement policy in the far east as well as in the middle east.

[Mrs Madeleine Moon (Bridgend) (Lab)]

It has been estimated that a three-day closure of the strait of Hormuz, perhaps by a terrorist attack, could lead to a four-year negative impact on the world economy. Has that influenced our decision to increase our capability in the Gulf?

[Michael Fallon]

Yes, the hon. Lady is absolutely right to draw attention to the economic and strategic importance of the strait of Hormuz. Our mine counter-measure vessels are playing a major part in ensuring that the strait always remains open, and I was privileged to visit two of those vessels and meet their crews. I put on record our appreciation of them for the very difficult and challenging work they do, particularly their divers, in making sure the strait remains open.

UK Armed Forces (Iraq)

Madeleine Moon Excerpts

Monday 15th December 2014 Commons Chamber

[Michael Fallon]

The House has the benefit of my hon. Friend’s considerable expertise in these matters, and I will certainly take up his suggestion. I emphasise that if we deploy further personnel, they will not be in the combat zones or on the front line. This will be a training effort to train Iraqi and Kurdish forces in some areas of expertise, in particular in encountering improvised explosive devices, as well as the sharpshooter tactics on which we have already been instructing.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Last week the members of the Defence Committee who went to Baghdad met Vice President Ayad Allawi. He brought with him 30 tribal sheikhs who described the total destruction of Shi’a and Sunni villages, the murder of men in the villages, and the abduction of women and children. People were left with nothing in an attempt to clear land for criminal elements within the militias. Will the Secretary of State ensure that the training we provide is not used by militias for their criminal activities, because often those militias are also part of the Iraqi army?

[Michael Fallon]

The hon. Lady is right and we must always be careful who we are training. It is important that the Iraqi Government—she will have seen this on her visit to Baghdad last week—follow through on the reforms they are proposing. The army must become genuinely inclusive and militias must be properly under control. Holding ground that can be liberated must have the full-hearted support of local populations, and that will be particularly important as ISIL is pushed back in the tribal areas of the Anbar.

Reserve Recruitment

Madeleine Moon Excerpts

Monday 17th November 2014 Commons Chamber

[Mr Brazier]

I hear my hon. and gallant Friend with respect. However, if he visits, as I am sure he does from time to time, the Royal Wessex Yeomanry in his own constituency, he will see just how good that unit is and how much it can achieve. The size of the Regular Army came out of the very difficult decisions that we had to make in the strategic defence and security review. We have to be clear that if we want to have a framework to expand a small professional Army, and if we want to keep connections between that small professional Army and the wider civilian community, we need a substantial reserve.

[Mrs Madeleine Moon (Bridgend) (Lab)]

I do not think that anyone in the House would dispute the fact that this is a bold challenge. No one is unaware that there have been technical problems and glitches, but the Minister must know that there is a high degree of concern that only 32% of the regulars have confidence that reservists will be well integrated within their units, and that there has been a net increase to the reserves of only 20. What can we do to improve on those figures?

[Mr Brazier]

I have already answered the second question from the hon. Lady, who is another fellow member of the Select Committee, by listing the very many changes that we have made to the recruiting pipeline and noting that in the last quarter we almost doubled the numbers coming through. On her first point, there are indeed some in the Regular Army who do not agree with the changes, having seen former comrades leave, but the fact is that a Chief of the Defence Staff chaired the original commission that set out the overall plan and the Chief of the General Staff wrote the detailed blueprint.

Oral Answers to Questions

Madeleine Moon Excerpts

Monday 14th July 2014 Commons Chamber

[Mr Hammond]

There is an ongoing discussion among the European NATO partner nations about how to respond to the perfectly fair challenge the United States has set us, by asking the question: why should US taxpayers be prepared to pay for a defence of Europe that European taxpayers appear to be rather reluctant to pay for? I have to say to my hon. Friend that this discussion has been rather more fruitful and productive than I was initially expecting, and I am optimistic that we may reach agreement on a declaration at the NATO summit in Wales this autumn that will set a baseline for moving European NATO spending forward as the European economies recover.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Turkey is a critical ally within NATO. It is also struggling to manage the large numbers of refugees who have come over its borders both from Syria and Iraq. Can we be very clear in sending out a message to other nations also at the Newport summit that we will not stand by and see Turkey attacked before coming to its support?

[Mr Hammond]

Turkey is a full member of the NATO alliance and benefits from the article 5 guarantee that the Minister, my hon. Friend the Member for South West Wiltshire (Dr Murrison), referred to a few moments ago, so Turkey can be assured that the alliance will stand behind it both militarily and, perhaps of more immediate importance, in providing assistance to it with the huge humanitarian challenge it is facing from this influx of refugees.

First World War (Commemoration)

Madeleine Moon Excerpts

Thursday 26th June 2014 Commons Chamber

[Dan Jarvis]

Again, I am grateful for that intervention. It is incredibly important that we take the opportunity to commemorate the sacrifice of those who served on the front line and those who served on the home front. As a Member representing a Barnsley constituency, I know how important people consider it to be that we do not lose sight of the difficult conditions that thousands and thousands of men worked under, not only underground in this country, but supporting our armed forces on the western front.

I was about to say that one personal hope I have for these centenary commemorations is that we have a fitting national memorial for those who contributed on the home front during the first world war, not just because of the importance of their service, but because it is also part of the story of how our country changed. The war led to more working women than ever before, taking on roles that had previously been the preserve only of men. An estimated 2 million women entered the work force, including 1 million women employed by the Ministry of Munitions alone. More than 250,000 joined the women’s Land Army and helped Britain fight off the peril of starvation caused by German U-boats. They joined countless individual heroines who showed us how bravery can come in many different forms, including amazing women such as the nurse Edith Cavell and the doctor Elsie Inglis. Together, those women left millions of cracks in what had previously been a pretty immaculate glass ceiling. Not one woman and hardly any working men had the vote when the war broke out.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Will my hon. Friend also acknowledge the women who were called up to into a profession that previously had been seen as being way beyond their capability—the police force? Those women walked the streets at night on their own, keeping them safe, as well doing the unique little job of calling on women whose husbands were at the front to check that they were not up to any shenanigans.

[Dan Jarvis]

I am always grateful for my hon. Friend’s interventions and she makes an important point. I say again that this commemoration provides us with a unique opportunity to reflect on the role that women played and still play in our society, and it is important that we take the opportunity to reflect that in these commemorations.

As I was saying, not one woman and hardly any working men had the vote when war broke out, but by 1918, 8.4 million women were finally enfranchised by the Representation of the People Act 1918. Our democracy expanded, society became less deferential, the trade union movement grew, the role of the state changed and our politics would never be the same. The strains of war also contributed to unrest in Ireland and helped change the shape of the United Kingdom. Britain’s place in the world shifted, and men who had never been before to Britain would come here to fight for it. Millions of people from across the Commonwealth served in the British war effort—more than 1 million came from the Indian subcontinent alone—fighting side by side with British troops on land, at sea and in the air. When the British Expeditionary Force was on the brink in late September 1914, 28,000 troops from the Indian army, the first ever to fight on European soil, came to Britain’s aid and played a crucial role in holding the line on the western front. They would, of course, be joined by soldiers from many other countries, including volunteers from Australia, Canada, New Zealand, the West Indies and parts of Africa; 175 of those servicemen from overseas would be awarded the Victoria Cross for their courage and gallantry, and we must never forget that.

--- Later in debate ---

[Mrs Madeleine Moon (Bridgend) (Lab)]

With other Members of the House, I welcome the hon. Member for Newark (Robert Jenrick) to his place. I knew his predecessor well and often heard his views on defence. We did not always agree, but more often than not, we did. I should apologise, because family commitments meant that I am one of the Members who has not visited his constituency lately. I therefore found it particularly interesting to hear his description, which may explain why so many Members flocked there. I recognise his hope that there will be no more by-elections for Newark and that we will now enter a period of stability.

If the hon. Gentleman is right and the view he takes in this House is one of “investment, investment, investment”, particularly in services, I think he will get a great deal of support from across the House. Investment in schools, educational standards and skills for young people is something that many Members agree on.

Today is a difficult day on which to make a maiden speech, because we have already heard some stunning speeches from Members on both sides of the House. It is interesting to see the hon. Gentleman at the heart of parliamentary unity, surrounded by Conservative Members. I hope that he continues to occupy such a harmonious place with members of his party.

I must admit to some shenanigans on my part. On Sunday, I attended a church service in Kenfig Hill, celebrating a week of community activities in Kenfig Hill alongside a commemoration of the first world war. In the service, the address was led by the Venerable Philip Morris, archdeacon of Margam and priest in charge at the parish of Ewenny and St Brides Major. When we came out of the church, I sidled up to the archdeacon and said, “Great sermon! Can I borrow it?” As a result, much that the House will hear today the archdeacon helped me write.

It is only appropriate that I commemorate the archdeacon’s part in this speech, because I too wanted to talk about how people in our local communities and the surrounding area played a part in the British war effort, in the trenches and at home. Many of the youngsters who went to war came from farm labouring jobs and had a very limited understanding of the wider world. For most of them, going as far as the large town of Bridgend would have been a huge achievement; to get as far as Cardiff would have been beyond their belief; and crossing the Severn into England would have been viewed with dread. Yet many joined the Glamorgan Yeomanry, headquartered in Bridgend, and on 9 August boarded a troopship—the SS Arcadian, which sailed from Devonport—for the front.

Instead of arriving at “the front”, the Glamorgan Yeomanry, knowing only the wet and the cold of the Welsh countryside, arrived in Alexandria in Egypt. We need to remember that the front was not just in France and Belgium. Instead of wet and rainy, the place they arrived at was hot and dusty. On the first day in camp, there was a sandstorm in which many of their tents were blown away, never to be recovered. They fought the Germans in Libya and Egypt, and the Turks in Palestine, and eventually they were taken to Marseilles to participate in the last big push in France. Four hundred and fifty-three officers and 7,661 other ranks of the Glamorgan Yeomanry were killed or wounded.

For many children, the war years are remembered in the lines of Dylan Thomas, whose 100th anniversary is also this year. He wrote of his childhood in the “ugly, lovely town” of Swansea,

“This sea town was my world…and…beyond that...a country called ‘The Front’ from which many of our neighbours never came back. At the beginning, the only ‘front’ I knew was the little lobby before our front door; I could not understand how so many people never returned from there”.

That would have echoed with many children in the Britain of 1914-18, though many were deeply involved in the war effort. Boy scouts were used to watch for invasion along the coast; they helped farmers on the land, because farm workers were going to the front. They helped during harvest; they acted as messengers for Government Departments and as orderlies in hospitals, helping those who had been injured at the front and brought home to hospitals in the country. Girl guides worked on vegetable patches and, like the scouts, on farms, digging and weeding, and they harvested fruit. Scouts and guides carried important messages and delivered milk. They parcelled up clothing such as knitwear to be sent to soldiers, and they learned first aid so that they could help the injured.

There is a great story, in what others have remarked is the wonderful BBC coverage, about how the scouts contributed to the war effort by helping to collect conkers. The collection was described as

“invaluable war work and…very urgent. Please encourage it.”

The scouts and children were never told exactly why the Government needed conkers, but they collected them with energy. So successful were their efforts that more conkers were collected than could be transported, and piles rotted at railway stations, but 3,000 tonnes of conkers made it to their destination, the Synthetic Products Company of King’s Lynn, where they were used to produce acetone, needed for the manufacture of cordite, which was the propellant for shells and bullets.

The scheme had been created by the Ministry of Munitions, run by that great Welshman, David Lloyd George. The programme was kept secret until after the war for fear that the Germans would learn of the idea. The wartime Government refused to disclose the purpose of the collection of conkers and, rather oddly, the Ministry of Defence, when questioned, was not clear in its answer, stating only that the conkers were needed for “certain purposes”. That sounds like the sort of answer we get even today.

My right hon. Friend the Member for Tynemouth (Mr Campbell) said he thought his great-uncle would have been proud to know that 100 years later my right hon. Friend would be a Member of the House. My grandfather, Driver A.E. Ironside, 17785, would have been amazed that women had the vote, and even more amazed that we were allowed into this House. He was called up at the start of the war and left on a troopship on 14 August from Limerick. His first nine days at the front were peaceful, if rather damp, but from 23 August he and his compatriots were under constant fire, often running to abandoned positions and seeing many wounded, as he saw action at the battles of Le Cateau and Mons.

My grandfather’s diary for 5 September records:

“We arrived in Monthyon stayed here for the night properly knocked out both horses and men. We found this place upside down with people. The houses its terrible to see the poor people on the road in a large cart and they don’t know where to go for safety, its heart breaking.”

One of the places such people went was Porthcawl in my constituency. The hon. Member for Broadland (Mr Simpson) said that we should remember the Belgians. Well, in Porthcawl we do remember the Belgians, because in my local museum, where we are commemorating Porthcawl’s engagement in the first world war, there is a large display about the Belgians—about how 4,500 who came to Wales found a welcoming place, and how people in Porthcawl took them in and helped them find their feet.

According to the local paper, Porthcawl had

“done better than any place in the country, having regard to population and other circumstances.”

The same paper, the Porthcawl News, ran a Flemish glossary and a Belgian column in order to aid the interaction between the Welsh people and the Belgians. The Porthcawl Belgian refugee committee, run by councillors and citizens, organised the assimilation of the refugees into the community, managed donations to the refugee fund, found accommodation and employment for the refugees and placed Belgian children in local schools. Although the majority of the Belgians returned home after the war, in 1921 Britain had double the Belgian population. We must remember the efforts of those Welsh men, women and children at home, who opposed the Germans peacefully while the military gave their lives.

I urge Members not to go to by-elections but instead to come to Porthcawl, where there is not going to be a by-election, on 2 and 3 August to see and hear illustrated 30-minute talks about Porthcawl during the war. They can join the Glamorgan Family History Society, which will help them to find members of their family who took part in the great war. There will be a recruiting sergeant, period street events, and a Lions club vintage fair, and the Rotary club will have a vintage car display. We will end, appropriately, with a service of reflection at All Saints church, just as we will all be reflecting throughout today.