Draft Armed Forces (Service Complaints Miscellaneous Provisions) Regulations

Lord Lancaster of Kimbolton Excerpts

Monday 14th December 2015 General Committees

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

I beg to move,

That the Committee has considered the draft Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015.

It is a pleasure to serve under your chairmanship, Mrs Moon. The draft regulations are required as part of a package of measures to implement a new service complaints process and a service complaints ombudsman for the armed forces. The new legislation is designed to provide a streamlined and more effective internal redress system for our armed forces and new, strengthened external oversight through an ombudsman. The regulations will come into force on 1 January 2016. The new system is provided for in new section 365B and part 14A of the Armed Forces Act 2006, as inserted by sections 1 to 3 of, and the schedule to, the Armed Forces (Service Complaints and Financial Assistance) Act 2015.

The instrument is intended to promote fairness in the new system by preventing conflicts of interest and ensuring that complaints are dealt with by those who have the right experience and knowledge properly to assist the complainant. The instrument also covers procedural matters that provide essential safeguards and aspects of independence for our armed forces personnel.

The regulations include four important things, which I shall deal with in turn. First, we have, as for the existing system, made rules on who cannot be appointed to deal with a service complaint—for example, someone who is implicated in the matters complained about.

The second important aspect of the regulations is that we have set out those matters that cannot be raised as a service complaint. That is not a new aspect of the complaints process; such matters are provided for in the regulations covering the current system and have been updated in this instrument to take account of the new process and of experience. For example, challenges to decisions made in the internal redress system are excluded, as under the new legislation the ombudsman will be able to review or investigate them.

Similarly, the regulations exclude complaints about decisions made by the ombudsman. The ombudsman provides external oversight of the complaints system, so it would be contradictory for the complaints system to be able to overturn decisions of the ombudsman. Challenges to the decisions of external ombudsmen are best made in the courts.

One particular matter that I want to mention is the exclusion of complaints alleging clinical negligence or personal injury against the Ministry of Defence. The redress system is not appropriate for deciding the complex, specialised medical and legal issues that can arise in clinical negligence and personal injury cases. It remains possible, however, to make a service complaint if a person believes we have not provided medical care when it was our responsibility to do so. As under the existing system, the regulations also exclude matters for which there are more appropriate alternative remedies. For example, challenges to decisions made in the court martial are best decided through the appeals system.

The third important effect of the regulations is to set out when at least one independent person must be appointed for deciding a service complaint. The main circumstance in which that will apply is where a complaint alleges bullying or similar misconduct. That is the same as under the current system and provides an extra safeguard for fairness in such sensitive cases, as well as giving a measure of external oversight as part of the internal system.

The fourth main effect of the regulations is to set out the matters that must be reported to the service complaints ombudsman when an allegation of a wrong suffered by a serviceperson has been referred by the ombudsman to the chain of command. Like the Service Complaints Commissioner for the Armed Forces now, the ombudsman will be able to receive allegations of wrongs done to service personnel. For example, a family member of a serviceperson will be able to approach the ombudsman with their concerns. The ombudsman will then be able to refer those cases to the chain of command and to track what happens. The regulations will ensure that the ombudsman is kept updated on progress and can respond to queries without comprising her investigative role.

Finally, the Joint Committee on Statutory Instruments has scrutinised the draft instrument and, in doing so, has brought to our attention three minor drafting points that we will seek to correct at the earliest available opportunity. However, we do not expect those points to affect the practical workings of the regulations. On the first point that has been raised, we accept that the definition of the expression “in writing” has been included unnecessarily in regulation 2(1).

On the second point that the Committee has brought to our attention, we will seek to provide further clarity on regulation 6(1). This regulation provides for when the period of three weeks begins from which the ombudsman is to be notified of certain events in connection with the progress of the matter that has been referred by the ombudsman as a potential service complaint. It also provides that the ombudsman is to be notified of each event that is listed in the regulation. We will seek to clarify the exact moment of the day from which the time period of three weeks applies, and that the period applies separately to each event that appears in the list.

The third of the JCSI’s points relates to a provision in the schedule to these regulations that excludes the right to make a complaint where there is a right of review for certain service police or prosecution matters. The Committee has said that the regulations refer incorrectly to those rights of review being “under” the code in which they appear, rather than being mentioned “in” that code. Again, we will look to make the correction at the earliest available opportunity. I hope that hon. Members will support these regulations today.

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[Mark Lancaster]

I thank the hon. Lady for her support in this important matter. I appreciate that she came to the House only at the general election and so was unable to be part of our discussions on the 2015 Act earlier this year, but it was a constructive process, which I am pleased had support from across the House. She highlighted some of the history behind where we are today, and the creation of the ombudsman, whom I have met on several occasions, is a positive step. The change will streamline the process to try to ensure that it is sped up, which is vital. Equally, we are determined to advertise the process as widely as possible, because I accept that we must encourage people to feel able to make a complaint and that there should be as few barriers to that as possible.

The hon. Lady touched on the training of independent members who may be appointed. We put them through an induction programme to familiarise them with the armed forces and we also try to select individuals with considerable experience in similar areas, so I hope she will be reassured by that.

[Rachael Maskell]

Issues appertaining to bullying, harassment and discrimination are particularly sensitive, so I ask that specific training be provided to investigating officers.

[Mark Lancaster]

Okay. I hear that request. If I may, I will go away and look carefully at the current training package. I will then write to the hon. Lady outlining exactly what training is provided. If she still feels uneasy after that, we can discuss the matter further.

The hon. Lady also mentioned the case backlog, which, as I have already mentioned, is one reason why we have sought to streamline the process. I accept that some complaints have taken too long to resolve, potentially reducing confidence in the system. It must be remembered, however, that some complaints, including those that deal with improper behaviour, can be more complex and thus necessarily take longer to investigate. It is right that a reasonable amount of time is taken so that cases are handled fairly. We want to ensure that the system is fairer, more effective and more efficient than at present, while valuing quality outcomes as much as timeliness.

On the overall direction of travel, it is important to note that the regulations require the ombudsman to produce an annual report, which must be laid before Parliament. It must cover the system for dealing with complaints and the exercise by her of her functions. The same requirement has applied to the Service Complaints Commissioner. The ombudsman can include in the report any matters related to redress and her work as she decides. The Secretary of State can also ask her to address any matters. It is likely that the report, just like those of the Service Complaints Commissioner, will address trends and themes. I would expect the Government to address those trends and themes as we move forward.

The hon. Lady also spoke of how long complainants have to make a complaint. I recognise that it can take time for themes to develop and that it may take time for someone to build up the courage to make a complaint about an incident. Ultimately, however, it is worth remembering that the ombudsman’s new powers already include the ability to overturn cases that are deemed to be out of time. Equally, given that we have the annual report, if we begin to see a theme of people who are deemed out of time to make a timely complaint, I am sure that we will endeavour to address it.

I hope I have touched on all the points that the hon. Lady raised. If, when I read Hansard, I see that I have not, I will write to her.

[Rachael Maskell]

I thank the Minister for his response. I also appreciate his commitment to follow up on the issues raised. I want to return to the timeline, because it is important that communications are made to ensure that people have confidence in raising a complaint. Knowing that time limits are in place will act as a barrier to people raising complaints outside that three-month timeline. I ask that the flexibility that the ombudsman can exercise in such matters will be communicated and that that issue will be reviewed and considered closely in the reporting that the ombudsman makes.

[Mark Lancaster]

I accept that the hon. Lady is anticipating a problem. Given that we have the annual report, I will ensure that the ombudsman, Nicola Williams, sees this debate, so that she is alerted to the concern that the timeline may well become a problem. I will ask her to look specifically at that issue, so that we can address it in one of her annual reports, if need be.

Question put and agreed to.

Defence Infrastructure Organisation

Lord Lancaster of Kimbolton Excerpts

Thursday 10th December 2015 Written Statements

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

On 9 June 2014, Official Report, column 23WS, the then Secretary of State for Defence, my right hon. Friend the Member for Runnymede and Weybridge (Mr Hammond), announced the intention to examine whether the Defence Infrastructure Organisation (DIO), currently part of the Ministry of Defence, should incorporate into a Government-owned company in 2016.

We have completed this assessment and concluded that, at the present time, the MOD’S business interests are best served by the DIO retaining its current status within the Department. We assess that this will achieve further transformation by delivering rationalisation and improvements to the way the DIO delivers infrastructure to support defence capability, without the risks and costs associated with incorporation. We shall, therefore, not be pursuing incorporation.

[HCWS379]

War Pensions Scheme Uprating 2016

Lord Lancaster of Kimbolton Excerpts

Wednesday 9th December 2015 Written Statements

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The new rates of pensions and allowances payable under the war pensions scheme proposed from April 2016 are set out in the following tables. The annual uprating of awards and allowances for 2016 will take place from the week beginning 11 April. Rates for 2016 are unchanged in line with the September 2015 consumer prices index of negative (at -0.1%).

Oral Answers to Questions

Lord Lancaster of Kimbolton Excerpts

Monday 23rd November 2015 Commons Chamber

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

7. What plans he has for consolidation of Royal Air Force stations.

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

Any consolidation of Royal Air Force stations is being considered as part of the Ministry of Defence footprint strategy. The attacks in Paris remind us that the threats we face are growing in scale, diversity and complexity. We are therefore determined to configure our defence estate to optimise our support of military capability.

[Stephen Phillips]

I am grateful to my hon. Friend for that answer. He will know that Lincolnshire is the home of the RAF, and while I appreciate that he cannot give definitive answers today, he will no doubt agree that that should remain the case and that there are very good reasons for consolidating more personnel and assets in our great county.

[Mark Lancaster]

My hon. and learned Friend is a champion, not only of his constituency but of Lincolnshire. He is right to say that that county has had a long association with the RAF. He is right that I cannot give any further details today—not even after half-past 3—but I hope to be able to provide further information in due course.

[Craig Tracey (North Warwickshire) (Con)]

8. What steps he is taking to support military veterans.

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The Government provide a comprehensive programme of support for ex-service personnel. For those returning to civilian life, that includes an excellent resettlement package, a high-quality pension and compensation schemes and measures to meet veterans’ health and welfare needs. The armed forces covenant stresses the importance we place on ensuring that veterans are not disadvantaged as a result of their service in the armed forces.

[Craig Tracey]

Research shows that veterans represent the largest single cohort in the overall prison population. What is the Department doing to address the issue, and will the Minister acknowledge the significance of charities such as Care after Combat, whose Phoenix project is intended to reduce reoffending in this important group?

[Mark Lancaster]

As my hon. Friend will know, armed forces veterans in prison are the responsibility of the Ministry of Justice, but the latest figures that I have suggest that approximately 3.5% of the UK prison population are veterans. All prisoners with a military history are eligible for the full range of interventions and services that are available from the National Offender Management Service, and armed forces charities, including the Royal British Legion, SSAFA, Care after Combat and Combat Stress, send caseworkers to support veterans in some prisons.

[William Wragg]

Members of our armed forces not only put themselves in great physical danger but subject themselves to great psychological pressures in order to protect our country and our people. What is being done to help veterans of my excellent local regiment, the Mercian Regiment, and others who are struggling with mental health issues?

[Mark Lancaster]

The MOD is determined to ensure that veterans with mental health issues are given appropriate support. NHS England spends £1.8 million a year on mental health services for veterans, including the provision of 10 veterans mental health teams. Up to a further £18 million is funding the Combat Stress six-week intensive post-traumatic stress disorder programme. Subject to the forthcoming spending review, a further £8.4 million of Government funding will be provided over the next five years.

[Liz McInnes (Heywood and Middleton) (Lab)]

21. What conversations have taken place with the Chancellor to discuss the impact of tax credit cuts on military families, including the families of veterans?

[Mark Lancaster]

I am sure that the issue has been discussed, and that it will be addressed later this week when the Chancellor makes his announcement.

[Tom Brake (Carshalton and Wallington) (LD)]

What support is the MOD able to give local authorities such as my own, Sutton council, which are keen to establish “homes for heroes”?

[Mark Lancaster]

I recently announced that we were about to undertake a review of best practice. Following conversations with the chair of the Local Government Association, we intend to carry out that review to ensure that best practice is spread across local authorities throughout the United Kingdom.

[Rachael Maskell (York Central) (Lab/Co-op)]

The social care crisis is affecting people all over the country, including those who have sustained an injury or condition while serving our country. Those who were injured on or after 6 April 2005 receive a payment under the armed forces compensation scheme, which local authorities disregard when assessing them for social care, but those who were injured before that date receive the war pension, which is not disregarded. When will the Government address this inequality?

[Mark Lancaster]

That is primarily a matter for the Department of Health. I have been engaging in a series of negotiations with my counterpart in that Department, and I am sure that we will report to the House in due course.

[Pauline Latham (Mid Derbyshire) (Con)]

9. What steps he is taking to increase the proportion of his Department’s procurement expenditure which goes to small and medium-sized enterprises.

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[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

18. What plans he has to strengthen the armed forces covenant.

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The covenant came into force under the Armed Forces Act 2011. Since then, the Government have undertaken a range of actions to build the covenant. Our fourth annual report to Parliament is due to be published in December 2015 and that will detail the progress we have made during the year. The Government are committed to continuing to honour our pledges and encouraging wider society to think about their contribution.

[Paul Scully]

I welcome the fact that all local authorities have signed up to the community covenant. How will the commitments be measured so that Sutton council and others can learn from the best and most proactive and we can encourage others to up their game?

[Mark Lancaster]

I, too, am grateful for the support that councils, including Sutton, have demonstrated to our armed forces community. All have signed the community covenant and many are extremely proactive. I recently had a meeting with the chair of the Local Government Association and the Minister for Housing and Planning to discuss what more we can do to encourage local authorities as they look to support our armed forces community. As a result, I understand that the housing Minister intends to write to all local authorities setting out examples of best practice and reminding them of the need under the covenant to honour their commitments.

[Michael Tomlinson]

A veteran in my constituency suffers from mental health issues as a result of military service. He is on the local council housing list, but is one or two steps away from priority status. May I urge the Minister to beef up the military covenant to ensure that our veterans are given priority status for housing as a matter of course?

[Mark Lancaster]

The Government are determined to honour the commitments made by the armed forces covenant to ensure fair treatment of veterans and their families in need of social housing. That is why this Government changed the laws so that seriously injured serving personnel and veterans with urgent housing needs must always be a high priority for social housing. It is, however, for local authorities to make judgments about the competing housing priorities in their areas, but if my hon. Friend writes to me with the details of this case, I will of course raise it with my Department for Communities and Local Government colleagues.

[Mr Stephen Hepburn (Jarrow) (Lab)]

Ten thousand of our homeless are military veterans, as are 10% of our prison population. How is the covenant tackling this problem?

[Mark Lancaster]

The hon. Gentleman will be aware of the £40 million invested in the veterans accommodation fund. I work very closely with a number of charities to ensure that we address this issue. He can see for himself at the Beacon home in Catterick, for example, or the Mike Jackson House in Aldershot, if he wishes to visit, and I would encourage him to do so.

[Maria Eagle (Garston and Halewood) (Lab)]

In the past five years, we have seen the pay and pension entitlements of service personnel cut in real terms, 30,000 redundancies and a failure to recruit the number of reserves that the Government planned to fill the gap. Now we read that annual increments and special allowances are also to be cut. Does the Minister accept that treating service personnel so shoddily will impact on morale and can be seen as a breach of the military covenant?

[Mark Lancaster]

I was hoping to avoid these words, but the hon. Lady will have to wait until 3.30 pm. I am confident that the remuneration package will remain an excellent package for our service personnel, but she will just have to wait a few more minutes to find out exactly whether or not to believe all the press reports she reads.

[Ian C. Lucas (Wrexham) (Lab)]

13. What assessment he has made of the potential effect of UK withdrawal from the EU on defence and national security.

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[Simon Hoare (North Dorset) (Con)]

T6. With Blandford Camp at the heart of my constituency, will the Minister assure me that, with the evaluation of the defence estate being undertaken, its socioeconomic importance for Blandford Forum as an important market town in North Dorset is taken into consideration?

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

Although the defence estate is primarily configured to support military requirements, the Ministry of Defence does support local authorities in understanding any potential impact of changes, particularly when it comes to the opportunities to provide local resources as part of future town planning.

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

T9. Lockheed Martin submitted a bid for the new maritime patrol aircraft contract. With the proposed C130 multi-mission aircraft costing around 40% of Boeing’s, which also would have seen 80% of the project carried out by a UK workforce, will the Minister please enlighten the House about the process that was undertaken to award that contract ultimately to a costlier alternative that is not supporting British jobs?

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[Diana Johnson (Kingston upon Hull North) (Lab)]

Having seen at first hand the brilliant veterans breakfast clubs which were first established in Hull and run by Dereck J. Hardman and Peter Barker, what more can the Government do to support those initiatives started by veterans themselves?

[Mark Lancaster]

Having been to several such events myself, I have to agree with the hon. Lady that they are an excellent scheme, and something on which I hope to make progress over the coming months.

Mesothelioma Compensation (Military Veterans)

Lord Lancaster of Kimbolton Excerpts

Thursday 19th November 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

I start, of course, by congratulating my hon. Friend the Member for Northampton South (David Mackintosh) on securing this debate to discuss compensation for our military veterans who have been diagnosed with mesothelioma. I recognise that mesothelioma is a devastating disease that changes the lives not only of the people who are diagnosed but of those who care about them—their families and loved ones. I recognise that this is an important subject to hon. Members across the House and that it is something we all feel strongly about, as evidenced by the correspondence I have received, as well as by the recent letter from the Defence Committee and the early-day motion that some hon. Members have signed. This is also a subject that is close to the hearts of our constituents.

I would like to pay tribute to all those who have taken the time to contribute to the discussions on this subject, some of whom I have engaged with, including the Royal British Legion. I welcome the statement read out by my hon. Friend concerning his constituent, Mr Fred Minall, who I understand has been diagnosed with mesothelioma as a result of his service in the Royal Navy during the 1950s and ’60s. This was something I was very sorry to learn of. Let me reassure all hon. Members that I recognise the need to act swiftly and that I am extremely sympathetic to this cause. I can assure them that I am minded to find a solution, and have been working with my officials to do so, and crucially to do so quickly.

I would like to pay tribute to all our armed forces—those still serving and those who have served. This is particularly relevant at this time of year, as we remember their commitment and sacrifice in serving this country. We owe them all a debt of profound gratitude. This Government and I, as Minister for Veterans, are committed to doing all we can to honour that debt of gratitude. That is why we have put the armed forces covenant, which represents the moral obligation we owe to those who serve or have served, at the heart of our national life and enshrined its principles in law.

Our commitment to doing the very best we can for our veterans is genuine and unswerving. However, it is a commitment that we need to frame within the context of fairness and reality. Mesothelioma is a cancer caused by exposure to asbestos, and 40 years or more can often pass before it manifests itself and an individual is diagnosed, tragically with a short life expectancy thereafter. That is why it is so important to ensure that we get the support right for those who are affected by the disease.

[Bob Stewart]

Will the Minister give me his reassurance that modern-day sailors are not threatened when they are working in boiler rooms today? We have some pretty old ships, and they might still have asbestos on them.

[Mark Lancaster]

Indeed, and I will move on in a moment to the action that the Royal Navy has taken. If my hon. Friend will bear with me, I will come to that shortly.

In the light of what I was describing, I want to explain the support that is currently in place for our armed forces veterans who are diagnosed with mesothelioma. Asbestos was identified as causing mesothelioma in the 1960s. At that time, certain types of service in the Royal Navy were identified as particularly increasing the risk of exposure for armed forces personnel. When this was identified the Ministry of Defence started to address the matter quickly. By the early 1960s, the Royal Navy had already introduced new insulation materials on ships and on shore, as well as providing respiratory protection for those personnel who were most highly exposed. That was extended to all personnel who were classified as “at risk” in the following years, and by 1973 the risk of asbestos exposure for members of the Royal Navy was very low. It was not until 1987, however, that the Control of Asbestos at Work Regulations were introduced by legislation. As I have indicated, most of the cases of exposure to asbestos were between the 1950s and the 1970s. Under current arrangements, those armed forces veterans who are diagnosed with mesothelioma are able to claim compensation under the war pensions scheme—this applies to service before 6 April 2005.

The war pensions scheme allows an individual to claim the maximum war disablement pension, supplementary allowances and, in many cases, automatic entitlement by an eligible dependant to a war widow’s or widower’s pension. The Mesothelioma Act 2014 enabled the establishment of the diffuse mesothelioma payment scheme. This pays a one-off lump sum to an individual who is diagnosed. That legislation is aimed at those individuals where there is no existing employer to sue. As an enduring employer, the Ministry of Defence has provided for veterans who are diagnosed for a significant period before this through the war pensions scheme. Under the war pensions scheme, claims are settled quickly, so that the early payment of compensation can begin and claimants can be assured that their dependants will be provided for after their death.

It is important, however, that we consider how veterans are treated under the Act. The matter for consideration here is whether the current arrangements for veterans continue to meet the needs for which they were designed. I would again like to thank the Royal British Legion and those who have contributed to the discussion on compensation for veterans who are diagnosed with mesothelioma in the light of the Act—I welcome their engagement. I acknowledge the argument they are making that the Ministry of Defence should offer veterans with mesothelioma the option of a lump sum in compensation which is broadly comparable to that awarded under the Act. During the last Central Advisory Committee on Pensions and Compensation meeting in June, to which the hon. Member for East Renfrewshire (Kirsten Oswald) referred, ex-service organisations were updated on our consideration of this issue. Let me outline what steps we have taken so far.

Ministry of Defence Ministers commissioned advice from the Independent Medical Expert Group to look at mesothelioma and the awards paid through the war pensions scheme. I want to take a moment to explain some of the observations of the group. It advised that mesothelioma is unique in some respects and considered how awards were made under the war pensions scheme. The group commented that the regular income stream structure of the war pensions scheme addressed the needs of those whose civilian employability was compromised. It observed that the very poor prognosis for the majority of individuals diagnosed with mesothelioma meant that this structure offered only limited benefit in life to the sufferer—I realise that that is a crucial point. However, unlike industrial injuries disablement benefit, the war pensions scheme maintains support to eligible dependants after the pensioner’s death through payments of tax-free dependants’ benefits. While this generosity has been acknowledged, I recognise that the Royal British Legion has raised the position of single, widowed or divorced claimants, and although I am unable to offer a final solution to the House today, I can confirm to hon. Members that I am reviewing the provision that is currently available. I intend to make an announcement regarding the matter of lump sum payments very shortly.

As hon. Members will recognise, this is a complex matter that has required detailed consideration, and close consultation and engagement with colleagues across Whitehall. However, I hope to be in a position to make an announcement as soon as possible. To that end, I hope to update the charities at the forthcoming central advisory committee meeting next month.

In conclusion, I wish to again thank my hon. Friend the Member for Northampton South for calling for this debate on what I recognise is an emotive subject. Let me emphasise again that we place great importance on the health and wellbeing of our veterans and are absolutely committed to treating them fairly. As my officials continue to consider the details of this complex matter, I intend to remain fully engaged, but please rest assured that I am dedicated to bringing this matter to a swift conclusion.

Question put and agreed to.

Military Personnel and Veterans (Children and Young Carers)

Lord Lancaster of Kimbolton Excerpts

Tuesday 3rd November 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

I congratulate the hon. Member for West Dunbartonshire (Martin John Docherty) on securing this debate on the support for children, young people and young carers of military personnel and veterans. I thank him for the constructive way in which he has approached the subject. I have been a serviceman for some 27 years, and I remain in the reserve forces. Having been deployed on operations some three times, I appreciate the impact that service life can have on families —indeed it has had an impact on my own family—so I am particularly pleased to be able to respond to the debate this evening.

First, let me reassure the hon. Gentleman that the Ministry of Defence takes its overall responsibilities for service children and young people extremely seriously. In 2010, the significance of those responsibilities led the Ministry of Defence to establish a separate directorate for children and young people to ensure that all those with specific responsibilities for service children and young people understood, accepted and delivered on those responsibilities. Within that directorate, the MOD’s Children’s Education Advisory Service provides education-related information, advice and support to families and the military chain of command. I should point out at this stage that responsibility for service children and young people is not the exclusive preserve of the Ministry of Defence, and depends very much on where the service child or young person is living, whether they are in the United Kingdom or based overseas.

Within the four home countries of the United Kingdom, statutory responsibility for the care and support of our service children and young people remains with other Government Departments, the devolved Administrations, as the hon. Gentleman pointed out, and local authorities. We expect our service children and young people to benefit from the same level of care and support as any other child, and that lies at the heart of the armed forces covenant. However, we recognise that a parent’s military service will often place additional pressures on service children and young people, particularly when families are required to move to new duty locations and when a parent is deployed for a lengthy period away from home, especially if deployed on active service. Recognising that, the MOD works closely with the statutory organisations to help them understand and mitigate these additional pressures. The work under the armed forces covenant has led to many significant improvements, not least in schools admissions codes and special educational needs and disabilities codes.

For its part, in 2011 the MOD created the MOD education support fund, which now disburses £6 million each year to assist state schools and settings across the United Kingdom in mitigating the impacts of family mobility and parental deployment on service children and young people. I want to take the opportunity to acknowledge the effective use that schools and settings across the United Kingdom have made of the fund. The list is almost endless, and includes setting up clubs to record and send electronic messages to deployed parents and recording school plays and other activities to be shared with those deployed parents, keeping them part of the family while they are away. The fund also provides nurture rooms or quiet spaces where it is possible for children to spend quiet time away from the noise of school during difficult times.

To underpin that financial support, an enormous amount of effective collaborative work takes place at regional and local levels. In partnership with education departments across all four home countries, the MOD has established a number of effective practitioner networks to identify and share best practice in the support of our service children and young people. I recognise that across the four home countries there are different practices, and I am keen to ensure that we share best practice to benefit our young people. Members of the networks support our children on a daily basis, and provide an early indication when things might not be going to plan. They provide the evidence that supports any changes in policy required better to support our children, and to remove any disadvantage that our children might be encountering.

Even though the MOD does not have statutory responsibilities for children and young people within the United Kingdom, our service children and young people can benefit from non-statutory support that the MOD provides. Each of the armed services maintains an occupational welfare service that operates below the statutory level and provides additional support to service children and young people through a range of services and activities, including community and youth work activities in addition to those provided by local authorities, as well as providing access to emotional support through trained and experienced counsellors. For service families who suffer bereavement when a parent or guardian’s death is attributable to their service, assistance with the education of their children can be provided from the armed forces bereavement scholarship scheme.

When our service personnel and their families are based overseas outside the United Kingdom, the Ministry of Defence acts in lieu of a local authority and delivers appropriate levels of near-statutory provision. In the case of our children and young people that means that the MOD provides, or provides access to, the normal range of children’s services: education, health, social care and safeguarding, and youth development activities. Our MOD schools overseas have an excellent reputation, and their Ofsted gradings and attainment results are routinely above the national averages. These schools have a rich history of mitigating the impact of mobility and deployment that our children can sometimes face. Importantly, this valuable experience is now shared widely and very effectively with schools in the United Kingdom attended by service children, either directly or via routine conferences held by the national networks that I mentioned earlier. In this context I would like to acknowledge the sterling work done to ensure that the over 2,000 service children who returned from Germany this summer under the Army’s basing programme experienced a smooth transition to their new schools and communities in the United Kingdom.

On the subject of MOD schools, I am sure the hon. Gentleman would wish me to reaffirm the Ministry of Defence’s commitment to our only remaining MOD school in the UK, the Queen Victoria school in Dunblane. Established in 1905 through public subscription and maintained in perpetuity by the Ministry of Defence, QVS plays an important part in providing continuity of education for service children with a Scottish connection.

In the case of our veterans, the MOD Directorate Children and Young People continues to provide educational information, advice and support to families during and immediately after their transition back to civilian life, and longer for any enduring issues directly attributable to their time in the armed forces. Thereafter, veterans who require welfare support can access this through Veterans UK, which is part of the MOD and was created in 2007 to help ex-service personnel get appropriate support from Government, local authorities, independent bodies and the charity sector. The Veterans Welfare Service can allocate to veterans a welfare manager who provides free and confidential advice on any sort of problem and works closely with voluntary organisations, local authorities and all areas of the Department for Work and Pensions to provide the best possible help and advice.

The issues raised in this debate are at the heart of the MOD’s welfare policies and will be further strengthened once the MOD launches the families strategy, which will be the sole topic of the MOD’s welfare conference to be held in London later this month. The strategy supports the Government’s manifesto commitment to supporting the unsung heroes—the partners and families of those who serve. Its vision is to facilitate resilient and self-sufficient families, and it is underpinned by the principles of fairness, increased choice, self-sufficiency and resilience.

I would like to express particular thanks to the group of people who contribute most to the support of our service children and young people. That group is, of course, those service children and young people themselves. The commitment that our servicemen and servicewomen make to our country places extraordinary demands on their families, and requires their children and young people to display enormous courage, resilience and stoicism, and they do so on a daily basis. The extraordinary thing is that when one speaks to our children, they make it very clear that they do not want to be treated differently from their civilian counterparts; they just want it recognised that, from time to time, the pressures of military life mean that additional support is required if they are not to suffer disadvantage. We all have a shared responsibility to ensure that they receive it.

Question put and agreed to.

Oral Answers to Questions

Lord Lancaster of Kimbolton Excerpts

Monday 19th October 2015 Commons Chamber

[Mr David Hanson (Delyn) (Lab)]

7. How many UK Normandy veterans have been awarded the Legion d’Honneur between 6 June 2014 and 12 October 2015.

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The Government are grateful to President Hollande for his generosity in offering the Legion d’Honneur to all living veterans of the campaigns to liberate France in 1944-45. Although this is properly a matter for the French Government, Ministry of Defence officials are working closely with their counterparts and understand that French authorities have approved approximately 1,100 awards and that around 750 of these have been dispatched to UK veterans. I am confident that that number will increase significantly over the coming months.

[Mr Hanson]

Everyone will welcome the contribution of and the recognition given to those who fought bravely in the second world war from 6 June onwards, but does the Minister share my concern at the slowness and bureaucracy of the process? My constituents have raised with me the fact that more than 500 people who could have had the award died before receiving it. That is not acceptable.

[Mark Lancaster]

I accept that what the right hon. Gentleman says is true historically, but he will be aware that since July the admin procedure has changed significantly. We are now submitting 100 awards a week and the turnaround time is between six and eight weeks. Recently, I met my French counterpart here in the UK and he absolutely reassured me that the French will continue to do what they can to ensure that these awards are sent to our veterans as quickly as possible.

[Sir Edward Leigh (Gainsborough) (Con)]

Let me put matters into perspective. I have been in touch with the French ambassador who told me that they have been overwhelmed, with more than 3,000 of these heroes applying. They are doing their best and she has asked me to say that they want to hear from Members of Parliament if they know of any constituents who are likely to get the award. The ambassador will try to get them through as quickly as possible.

[Mark Lancaster]

I am grateful to my hon. Friend for those comments. By definition, the cohort of veterans receiving this award are elderly but if any hon. Member has a constituent who feels that we must speed up the process I would be delighted to receive those applications and I will treat them as a priority.

[Mr Speaker]

I do, and he does. My constituent will be most grateful to the Minister.

[Kevin Foster (Torbay) (Con)]

I appreciate the comments that the Minister has just made. Over the past year, two Normandy veterans living in my constituency have passed away without receiving the award and the situation is becoming even more urgent for the eight who remain. Will the Minister, given what he has just said, pledge to use all the persuasion he can with the French authorities to resolve this? Although these veterans could win the battle against Nazi oppression, they cannot win the battle with old age.

[Mark Lancaster]

We accept the general concern being expressed in the Chamber today. I can simply repeat what I have said before: I am confident now that the turnaround time for these awards has increased significantly to approximately six to eight weeks. We are confident that we can get through the backlog relatively quickly, but if any hon. Member has a constituent who needs the award quickly I ask them please to contact me.

[James Cleverly (Braintree) (Con)]

8. What plans his Department has to invest in new equipment for the armed forces.

--- Later in debate ---

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

16. What steps his Department has taken to mitigate the effects of low-flying exercises on rural areas.

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The Ministry of Defence takes its responsibilities to the general public very seriously indeed, and measures are taken to provide a balance between essential military training and the need to avoid excessive disturbance on the ground. Low-flying activity is spread as widely as possible across the UK to minimise the impact on particular communities.

[Liz Saville Roberts]

People living in Meirionnydd have spoken to me of their concerns following what has been described as the worst single near miss in Britain. This happened on 27 August last year near Dolgellau and involved three Hawk jets and two Typhoons with a combined value of £300 million. What steps are being taken by Air Command to improve safety following the UK Airprox Board’s recommendation to review flying practices in the Machynnleth loop?

[Mark Lancaster]

Of course, such near misses are very rare indeed. All low-flying activities are meticulously planned. I am sure that lessons will be learned. The Mach loop is, in effect, a one-way circuit that runs round an area just north of her constituency to try to minimise such events. We do take these things very seriously, and a review is under way.

[Andrew Gwynne (Denton and Reddish) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

--- Later in debate ---

[Johnny Mercer (Plymouth, Moor View) (Con)]

T3. I am proud to be a member of a party that takes mental health seriously. One of its first acts in 2010 was to commission the Murrison report on mental health in the armed forces. How far have we got with that? Has an audit been conducted? If not, would now be a good time to do so?

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

The recommendations of the “Fighting Fit” report have been delivered by the Government, working in partnership with the NHS and service charity partners such as Combat Stress. I am sure my hon. Friend will be pleased to know that the NHS in England is currently reviewing the services put in place following the report, with a view to ensuring that veterans with mental health problems are provided with the best possible support.

[Maria Eagle (Garston and Halewood) (Lab)]

The national security strategy of 2010 identified cyber-attack, including by other states, as one of the four highest priority national security risks facing the UK. Does the Secretary of State agree that that is still the case?

--- Later in debate ---

[Mary Robinson (Cheadle) (Con)]

T9. I am pleased that people across the UK are already benefiting from the Government’s home-buying initiatives, and I am sure the Secretary of State shares my view that it is important that the same opportunities are available to members of our armed forces. What steps is he taking to increase the number of servicemen and women who own their own home?

[Mark Lancaster]

We are making sure that the unsung heroes, our service families, can enjoy the stability and security of owning their home. Our forces Help to Buy scheme has enabled 5,000 personnel to buy their home. We want to double that to 10,000 homes for heroes over the next 12 months.

[Ian Austin (Dudley North) (Lab)]

Sensible people out there will think the world has gone mad if the Government allow companies controlled by the Chinese Government, and which helped to develop their nuclear weapons, to take a large stake in Britain’s nuclear power industry. The shadow Secretary of State was completely right to raise this matter. Will the Secretary of State tell us what assessment his Department has made of the risks and national security considerations of giving a communist dictatorship such a huge role in such a critical part of Britain’s national infrastructure?

Armed Forces Bill

Lord Lancaster of Kimbolton Excerpts

Thursday 15th October 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

We have had a useful and interesting debate. It is a pleasure to follow a veteran such as the hon. Member for North Durham (Mr Jones). Compared with him, I feel like a mere newcomer as this will be only my second Armed Forces Bill. I am most grateful to hon. Members on both sides of the House for the contributions they have made and I thank them for their interest.

Unusually for the Ministry of Defence, this is the third piece of substantive legislation we have introduced in the past two years, the other two being the Defence Reform Act 2014 and the Armed Forces (Service Complaints and Financial Assistance) Act 2015. I am grateful to the hon. Member for North Durham for his positive comments as the ombudsman starts her new role early in the new year. It is not too surprising that the Armed Forces Bill we have introduced this year is relatively modest and focused mainly on the service justice system. Modest it may be, but that in no way diminishes the significance of its provisions, as it provides for the continuation of the single system of service law under the Armed Forces Act 2006 which applies to all members of the armed forces, wherever in the world they are serving.

As we heard during today’s debate, this Bill mostly covers a small number of issues relevant to the service justice system, plus the wider defence issue concerning statutory powers for MOD firefighters, which I will come to in a moment. Hon. Members raised a number of points about these proposals and also about issues that we have not included in the Bill. Indeed, much of the discussion seems to have been on issues that are not included in the Bill. I shall attempt to deal with as many of these as I can, and undertake to write to anybody to whom I fail to give an answer today.

My hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) made a passionate and well-informed speech on behalf of the armed forces, based in no small part on his own service, to which I pay tribute. My hon. Friend the Member for South East Cornwall (Mrs Murray) has a long-standing family connection to the armed forces and asked some detailed questions about Devonport, about which I will write to her in due course. My hon. Friend the Member for North West Hampshire (Kit Malthouse) made a plea for more investment in technology. He may be aware of the announcement by the Secretary of State of an innovation fund as part of the strategic defence and security review, and the increasing work of the defence growth partnerships. I encourage him to visit Army headquarters in his constituency, which I would be delighted to arrange. In fact, I sense an invitation winging its way to him as we speak.

My hon. Friend the Member for Portsmouth South (Mrs Drummond) made a passionate speech. I am not sure I was entirely grateful to her for reminding me that it is 27 years since I went to Sandhurst, but I was cheered up to turn around and see my hon. Friend the Member for Beckenham (Bob Stewart). I think it may be a few more than 27 years since he went there. My hon. Friend the Member for Portsmouth South gave a powerful speech focusing on many areas of the military covenant, in particular mental health. This is a key area and she will be aware of the improvements that have been made in recent times, partly as a result of the “Fighting Fit” report by my hon. Friend the Member for South West Wiltshire (Dr Murrison). I join her in commending the charity Combat Stress, which was the first charity I visited after taking up my appointment.

I shall respond to the contributions from other hon. Members as I touch briefly on some of the clauses in the Bill, but only those that were referred to during the debate. In her opening comments the hon. Member for Garston and Halewood (Maria Eagle) raised the issue of visiting foreign forces being subject to the Act. I acknowledge her concerns and look forward to exploring the matter in Committee. I draw the attention of the House to the recent Westminster Hall debate on the unfortunate events at Bassingbourn, in which the current Government position was outlined.

Clauses 3 to 5 simplify the process of charging offences under the 2006 Act. Both my hon. Friends the Members for Beckenham and for Filton and Bradley Stoke sought reassurance about the role of the commanding officer. Commanding officers will continue to be concerned with probably over 90% of service issues. It will be only about 10% of issues that they will not deal with directly, but they will continue to be kept firmly informed of what is going on.

The hon. Members for Bridgend (Mrs Moon) and for Garston and Halewood asked why sexual assault was not included among the most serious offences in schedule 2. I want to make it clear at the outset that sexual assault is absolutely unacceptable in wider society or in the armed forces. Schedule 2 to the Armed Forces Act 2006 sets out the most serious disciplinary and criminal offences, including murder, kidnapping, grievous bodily harm and rape. A commanding officer must make the service police aware of an allegation or circumstance which indicates that a schedule 2 offence may have been committed. To move sexual assault to schedule 2 would make it a legal requirement for every allegation of sexual assault—an offence which covers a wide range of conduct—to be referred directly to the service police, whether or not the victim wanted that to happen.

We take the view that there are already processes and safeguards in place to ensure that victims of such offences are properly supported and that any allegations are properly investigated. All commanding officers are under a legal duty to ensure that all offences are investigated appropriately. Guidance given to commanding officers makes it clear when it would be appropriate to make the service police aware of an allegation. Guidance also sets out clearly the way in which these cases should be handled and the support that is to be provided to victims. We believe that the current legal arrangements and the guidance to commanding officers provide an appropriate framework for investigating these offences, but I accept once again that that could be discussed in Committee.

The hon. Member for Strangford (Jim Shannon) mentioned sexual harassment. This is as much about changing culture as it is about legislation. The Chief of the General Staff has made addressing issues of equality, diversity and inclusivity a priority in order to ensure that the Army is a modern employer that is capable of recruiting talent from all sections of society. The Army’s change programme on maximising talent, which the Chief of the General Staff launched on 19 June, demonstrates the progressive nature of the measures being taken to ensure that talent is able to thrive, regardless of ethnicity, gender or sexuality.

The survey was conducted between March and April 2014 and was sent to over 24,000 regular and reserve men and women, and over 7,000 responses were received. The overall conclusion from the survey was that there is an issue with an overly sexualised culture in which inappropriate behaviour is deemed acceptable. Although that does reflect wider society, the Army’s values and standards mean that it should not be accepted as the norm. I am delighted that the Chief of the General Staff is taking action to address that through his leadership code.

Clauses 14 and 15 deal with the powers of MOD firefighters in an emergency. I would like to reassure Opposition Members that the Chief Fire Officers Association was consulted and that the letter was published on its members’ forum, advising all chief fire officers in England and Wales of the provisions. Only Hampshire fire and rescue service responded, and it was positive about the provisions.

The hon. Members for Argyll and Bute (Brendan O'Hara), for Dunfermline and West Fife (Douglas Chapman) and for East Renfrewshire (Kirsten Oswald) all touched, understandably, on matters relating to Scotland. With regard to manpower in Scotland, there are currently 9,400 military personnel and 3,770 civilian personnel based in Scotland. The UK is delivering on a realistic plan for defence. The number of military personnel in Scotland is actually set to increase, but it is also likely to be affected by the SDSR, which will be published in due course.

The number of personnel at various locations across the UK, including Scotland, will fluctuate as the military make the necessary changes in unit moves to deliver the Future Force 2020 basing lay-down and target strength. The UK Government’s basing plans, which were announced last year, offer clarity and stability in our defence footprint in Scotland. That is a visible sign of our commitment to Scotland and to Scotland’s continued vital role in defence. On current plans, by 2020 Scotland will be home to all Royal Navy submarines, one of the Army’s seven adaptable force brigades and one of the three RAF fast jet main operating bases. Her Majesty’s Naval Base Clyde is already the single largest employment site in Scotland. Overall, employment figures will rise to 8,200 by 2020.

Hon. Members also touched on armed forces representation. Representation and safeguarding the wellbeing of service personnel are vital functions of the armed forces chain of command. The MOD recognises the British Armed Forces Federation and other such organisations as effective mechanisms by which the views of service personnel can become known. Service personnel are free to join them, provided they do not take a particularly active part in any political activity. To be honest, we are not aware of any groundswell of opinion from members of our armed forces that the remit of the armed forces federations should be extended or that they should be established on a statutory basis.

As I have made clear, the Bill is important to the armed forces, not least because it renews the legislation necessary for them to exist as disciplined forces. As the debate has demonstrated, it is also important to us here in Parliament, because it provides for our scrutiny of that legislation. That scrutiny is achieved by means of an annual continuation order, which must be approved by both Houses, and by primary legislation every five years.

I have a personal interest in this Bill. As a member of the reserve forces, I have been subject to the provisions of the 2006 Act, and many friends and colleagues still are. I also take very seriously the obligations that I have to the men and women who choose to abide by the high standards of discipline and behaviour that this Bill supports. I very much look forward to taking it through the House.

Question put and agreed to.

Bill accordingly read a Second time.

Armed Forces Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Armed Forces Bill:

Select Committee

(1) The Bill shall be committed to a Select Committee.

(2) The Select Committee shall report the Bill to the House on or before 17 December 2015.

Committee of the whole House, Consideration and Third Reading

(3) On report from the Select Committee, the Bill shall be re-committed to a Committee of the whole House.

(4) Proceedings in Committee of the whole House on re-committal, any proceedings on Consideration and proceedings on Third Reading shall be taken in one day in accordance with the following provisions of this Order.

(5) Proceedings in Committee of the whole House and any proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings in Committee of the whole House are commenced.

(6) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

Programming committee

(7) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.

Other proceedings

(8) Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(George Hollingbery.)

Question agreed to.

ARMED FORCES BILL (SELECT COMMITTEE)

Ordered,

That the following provisions shall apply to the Select Committee on the Armed Forces Bill:

(1) The Committee shall have 14 members, to be nominated by the Committee of Selection.

(2) The Committee shall have power—

(a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place and to report from day to day the minutes of evidence taken before it;

(b) to admit the public during the examination of witnesses and during consideration of the Bill (but not otherwise); and

(c) to appoint specialist advisers either to supply information not readily available or to elucidate matters of complexity relating to the provisions of the Bill.—(George Hollingbery.)

Service Museums

Lord Lancaster of Kimbolton Excerpts

Thursday 15th October 2015 Written Statements

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

My right hon. Friend the Minister of State in the House of Lords, Earl Howe, has made the following written ministerial statement.

I am today announcing the start of a comprehensive review of the three service museums; the National Army Museum, RAF Museum and National Museum of the Royal Navy, all of which are executive non-departmental public bodies (ENDPB) of the Ministry of Defence. In this capacity, the service museums provide independent advice to the Secretary of State for Defence on the promotion and management of armed forces heritage matters.

This review is part of the Government’s commitment to ensuring, and improving, the accountability and effectiveness of public bodies on a regular basis. The review will be conducted in accordance with Government guidance for reviewing ENDPBs, and will focus on the core questions of the continuing need for the functions of the ENDPBs, their effectiveness and their governance arrangements. It will be carried out in an open and transparent way, and stakeholders will be given the opportunity to contribute their views.

I will inform the House of the outcome of the review when it is completed.

[HCWS248]

Sgt Alexander Blackman (Marine A)

Lord Lancaster of Kimbolton Excerpts

Wednesday 16th September 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I start, of course, by congratulating my hon. Friend the Member for South Dorset (Richard Drax) on securing this debate on an emotive case that has continued to be of concern to many people. I also congratulate, on their passionate contributions, my hon. Friends the Members for Taunton Deane (Rebecca Pow), for Beckenham (Bob Stewart), for Eastleigh (Mims Davies), for Elmet and Rothwell (Alec Shelbrooke), for Wells (James Heappey) and for Plymouth, Moor View (Johnny Mercer) and the hon. Members for Strangford (Jim Shannon), for Stirling (Steven Paterson) and for Makerfield (Yvonne Fovargue).

Standing here now and having listened to the debate, I am remembering that it is nine years since I served in Afghanistan, in the summer of 2006. I listened to the contributions of some of my hon. Friends, but frankly my tour was quite unremarkable. It bore no significance compared with the experiences of the Royal Marines in Afghanistan, in Helmand, and I seek to make absolutely no comparison between my experiences and theirs. I am, however, very mindful, when I think of that time, of just how far away we are today in the House of Commons from Helmand all those years ago. I am very mindful of that.

In the days before this debate, I spent considerable time considering this case. I have read in detail the full internal review and have seen the headcam tapes presented at trial. As part of my wish for transparency, I arranged court permission and offered my hon. Friend the Member for South Dorset (Richard Drax) the opportunity to see the full unredacted footage alongside me this morning, in my desire to understand the wider issues. I have discussed the case and appeal with a number of military officers, including both commanding officers. I share the concern of many for Mrs Blackman and am clear that the MOD must not stand in the way of a fair and just consideration of this case. I am, however, equally clear that no serviceman or woman of our armed forces is or can be above the law.

This case has been difficult for everyone connected to it. No one can see the clear pain of Mrs Blackman as she seeks to support her husband and not be deeply moved. Equally, we are all conscious that we cannot fully appreciate from the safety of the House the challenges of operations in extraordinary and dangerous circumstances, and these are extraordinary challenging circumstances, with extraordinary people doing an extraordinary job. I know that the House will join me in recognising the Royal Marines for their huge contribution in Afghanistan during many gruelling operational tours. [Hon. Members: “Hear, hear!”] We are justly proud of our soldiers, sailors and airmen—of the work they do and the way they conduct themselves. We hold our armed forces to a higher standard, and we are right to do that. Our men and women must be better than those they confront; they must set a higher standard and, even when provoked, must hold to their professional standards. Our Royal Marines fight hard, but they fight fair.

We as Members of Parliament and I as the Minister responsible for service personnel have a special duty to these people and their families. It is right that we have undertaken the review to learn the lessons from this incident, and I recognise the public interest in seeing the report in full, but I must weigh that against being fair to individuals named in the case. For that reason, I have agreed to the release of the executive summary, recommendations and letter from the Fleet Commander, with the only redactions being individuals’ telephone numbers and a relatively junior civil servant’s name. I have also withheld the bullet points that relate to an individual who has not yet been named in the media. Simply due to the shortness of time between the announcement of this debate last week and today, I have been unable to follow the full process required under the Data Protection Act, but let me make it clear that it is my intention to unredact those paragraphs as well in due course.

I have, as I said, read the full report in detail. It is a full and frank assessment and contains detailed information about our tactics and operational security. It is my view that its unredacted release into the public domain would breach our ability to conduct campaigns in the future. However, as hon. Members will have seen from the 17 recommendations released today, the Royal Navy, alongside the other services, is pursuing detailed implementation plans, many of which are already well advanced. I have spoken today to the Fleet Commander, and he assures me that he is tracking and pressing progress and this is a matter treated with the utmost seriousness.

That said, I remain convinced that transparency is the key in this case and I am keen to provide it. Therefore, if Sergeant Blackman’s defence team wished this report to be considered by the Criminal Cases Review Commission, the MOD would provide them with a confidential copy.

I hope that this release quashes the claims that the MOD is trying to undertake some sort of cover-up or conspiracy in this case; that is simply not the case. With regard to the legal case itself, Sergeant Blackman and two marines under his command were charged with and prosecuted for murder. They were tried in an independent and impartial judicial process. Guilt or innocence is decided by a panel made up of military personnel who understand the unique challenges that our service personnel face. The two marines were acquitted, but Sergeant Blackman was convicted. A great deal of evidence was heard in the trial of the immense stresses and strains of the operational context. Sergeant Blackman’s company commander during the time of his deployment gave evidence at the trial. He outlined the tactical situation and difficulties faced by troops located in patrol bases. I do not think that those personnel underestimated the immense challenges that Sergeant Blackman, and so many of our people, faced during that time.

[Johnny Mercer]

We can say that somebody is in the military, but that is clearly a very broad church. What steps were taken to ensure that the individuals who were passing judgment on this soldier had relevant personal experience of the pressures that that individual was placed under at the time?

[Mark Lancaster]

My hon. Friend tempts me into getting into the details of the preparation for the particular court martial. Of course, he will understand that it is right that, as Ministers and Members of Parliament, we do not seek to start influencing the way in which these trials are conducted. I do not know what the process was. There would have been a balance, of course. Anybody who knew Sergeant Blackman probably could not sit in judgment against him. However, my hon. Friend will forgive me if I avoid being drawn into those sorts of detail, because I do think that would be inappropriate for someone in my position.

Sergeant Blackman appealed against his conviction and sentence to the court martial appeal court. It is important to note, given the concerns that some have expressed about the court-martial process, that that court is made up of the same judges as sit in the civilian Court of Appeal. The court martial appeal court, chaired in this case by the Lord Chief Justice, upheld the conviction and the sentence. However, it reduced the minimum term, as has been said, from 10 years to eight.

I understand that Sergeant Blackman and his legal advisers are considering whether, as their next step, there is any new evidence that they would wish to put to the Criminal Cases Review Commission, with a view to its being referred to the court martial appeal court. This is a legal matter and not a decision for Ministers, but let me reiterate: should that happen and should either the commission or Sergeant Blackman’s legal representatives make a request for the review or elements of it, I reassure hon. Members that the Ministry of Defence will, of course, co-operate fully to ensure that justice is done. To be perfectly clear, I mean that I would be willing to release the report in full, on a confidential basis, to either the defence legal team or the commission.

I began by saying that I was fully aware of the concern felt by many regarding the case. I recognise and accept that it remains difficult for some to accept the decision of the court martial and the court martial appeal court. The system seeks to combine independence and legal professionalism with an appreciation of the military context and the realities of military life. The civilian judge advocate gives direction on the law, and military personnel decide on guilt or innocence. It should not be forgotten that in this case they acquitted two of the accused. Where there is a conviction, they decide with the judge advocate on the sentence. An appeal can be made to the highest and most experienced judges, and there is the possibility of further review if important new evidence emerges. This is, rightly, an independent judicial process, not a political decision. I respect the system, and hope that hon. Members will do so as well.