Oral Answers to Questions
Debate between Tobias Ellwood and Michael Fabricant(5 years, 7 months ago)
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Mr Ellwood
Perhaps it does feel like we are living an episode of “Yes Minister”, and I fully understand that, with Departments trying to establish who has responsibility. We need to iron that out, and we absolutely need to get the answers that the hon. Gentleman deserves. Perhaps I can speak with him afterwards and we can move this issue forward.
Michael Fabricant (Lichfield) (Con)
Draft Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018
Debate between Tobias Ellwood and Michael Fabricant(6 years ago)
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The Parliamentary Under-Secretary of State for Defence (Mr Tobias Ellwood)
I beg to move,
That the Committee has considered the draft Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018.
It is a pleasure to work under your chairmanship this afternoon, Mr Rosindell. I am impressed by the tier-1 calibre of MPs who have decided to join us to discuss this draft statutory instrument, which we have an hour and a half to debate in full.
I know that colleagues will have read the terms of service regulations, which are core to what we are discussing. The draft statutory instrument will make consequential changes to those regulations for regular personnel in the Royal Navy, the Royal Marines, the Army and the Royal Air Force. The changes are necessary to enable the Ministry of Defence to operate and manage part-time and restricted separation service, described collectively as flexible service, from 1 April 2019.
Hon. Members will recall that in February this year the Armed Forces (Flexible Working) Act 2018 became law, an historic common-sense step that will help to modernise the terms of engagement that we offer our people in the future.
Michael Fabricant
I am grateful to my right hon. Friend. He might come on to this later, but my only concern with that flexibility is whether it will affect the readiness of the armed forces. I also wonder to what degree other countries have adopted similar practices.
Mr Ellwood
My hon. Friend is right. I will come on to that in detail, because it goes to the heart of our continuing to have a fighting capability while meeting the needs of modern society and the expectations of those people who join the armed forces in this day and age.
I am grateful that we had a lively and interesting debate in the lead up to Royal Assent in February. I was particularly pleased to note the overwhelming support for the concept of flexible service.
Michael Fabricant
I had a second part to my question about which other countries, if any, have adopted this practice.
Mr Ellwood
It is interesting that my hon. Friend mentions that. Australia and New Zealand have different models, and we are sharing our thoughts with other NATO nations. Clearly, this is a recognised step forward in the offering armed forces provide across the world, certainly as regards our allies. I expect a third intervention—but I shall continue.
I also noted during passage of the Act, and certainly during the debate in the House of Lords, that there was an understandable interest in the detail behind the main policy headlines, to examine whether the engine room driving such fundamental changes is fit for purpose. We have worked hard to design a system that will ensure that flexible service operates legally, fairly and efficiently, both for our people and their families who will benefit from the new opportunities and, importantly, for the chain of command who will manage them while continuing to deliver operational capability.
The Government are alive to the desire expressed in this House and the other place to scrutinise the fine detail that will enable flexible service to operate. That is why we have agreed that this important piece of secondary legislation, which we hope to introduce today, should be subject to the affirmative procedure.
Although the changes introduced by the statutory instrument will usher in new, modern opportunities for our people, they are already standard in the wider world of work. We have worked closely with the armed forces to ensure that they are balanced with the need to protect the armed forces’ ability to deliver operational capability—the point made by my hon. Friend. To be clear, that must be a red line for defence. I hope that my statement and our debate will demonstrate how people in the Ministry of Defence have appropriately balanced the overriding need to maintain the operational capability of our armed forces with the need to support those who deliver it, and their families, through opportunities for flexible service.
The regulations enable regular service personnel to serve part time and to restrict the number of days they can be required to serve away from their home base to 35 in any 12-month period. They set out the overall time limits for periods of flexible service and the application process, which is designed to be fair and efficient, enable service personnel to apply voluntarily for flexible service and empower the service to consider applications. However, they do not guarantee that any application will be successful. In addition, they outline the actions required by each party during the application process. Importantly, the process is designed to ensure that service personnel cannot have flexible service terms imposed on them.
There may be occasions when, a flexible service arrangement having been agreed, circumstances require changes to be made to it, either permanently or for a specific period. We have therefore set out the conditions under which a flexible service arrangement may be varied, suspended or terminated. In the interests of national security, we conclude that, in extremis, it is essential for services to be able to recall personnel to their full-time duties immediately, through either permanent termination or temporary suspension of the flexible service arrangement. However, that power will be used only sparingly, and only when a 90-day notice period would have an unacceptable impact. Individuals will also be able to terminate their arrangement with 90 days’ notice, or apply to suspend or vary it.
We want to give service personnel as much certainty as possible about any flexible service arrangement they enter into, because they would not apply if they felt the arrangement was likely to be cancelled without warning or explanation. However, we are clear that that must be balanced with service need above all else. We recognise that service personnel may not always get the outcome they hoped for when applying for flexible service. We therefore judged that it was right and fair to make provision for an appeals process. However, the scope of any appeal will be limited to the serviceperson requesting that the appeals authority reconsiders the decision they are unhappy with. Service personnel will be limited to one appeal against a decision. Outside that process, they will retain normal access to the service complaints system.
Hon. Members will note that the working detail beneath the main headlines I have outlined ensures that we will achieve our main policy aim of being fair and honest with those who work for us. We aim to give people access to new, modern flexible service opportunities, while recognising that we must maintain operational effectiveness, which is paramount.
Approving these changes will send a powerful signal to all our brave, loyal and dedicated armed forces and their families that we are on their side. It will be a major step in the journey towards the introduction of flexible service on 1 April 2019. As well as achieving their primary purpose of making changes to the armed forces terms of service regulations, these regulations will enable the finalisation of important related activities, including: the amendment of subordinate armed forces regulations, such as Queen’s regulations; the publication of a suite of policy guidance material for those who consider applying for flexible service and those who administer it; and the continuation of our comprehensive communications campaign, which will promote and explain flexible service but also manage expectations and not oversell it.
Oral Answers to Questions
Debate between Tobias Ellwood and Michael Fabricant(6 years, 3 months ago)
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Mr Ellwood
As I said, the art of war is changing, and we need to diversify, which means recruiting a wider range of skillsets. Not everybody can come up through the ranks with all the capabilities that we need. We need to be cleverer at inviting people in at a higher rank, which is part of our enterprise approach to bringing in skillsets from civilian street at a much higher level.
Michael Fabricant (Lichfield) (Con)
One factor that affects retention is esprit de corps. The Royal Marines have a unique training system whereby officers and those of other ranks train together on their core programme. What consideration has my right hon. Friend given to other branches of the armed forces doing that?
Mr Ellwood
I have visited Lympstone and the operation there is fantastic for recruiting some of the brightest, the best and the fittest. My hon. Friend puts a question for my right hon. Friend the Minister for the Armed Forces, who I am sure would be delighted to have a cup of tea with him in the Tea Room.