Armed Forces Bill

Andrew Murrison Excerpts

Monday 10th January 2011 Commons Chamber

[Mr Murphy]

The hon. Gentleman is usually very fair in these debates, and I think he will acknowledge that I have already welcomed six or seven of the measures in the Bill in my speech. There is nothing wrong with echoing the comments of Vice-Admiral Sir Michael Moore, chairman of the Forces Pension Society, who has criticised the Government. I am sure that the hon. Gentleman does not want to criticise Vice-Admiral Sir Michael Moore.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I am grateful to the Secretary of State for his consensuality, which I, as a service pensioner, welcome. Will he not recognise in his remarks, which are becoming a little partisan, that this Government doubled the operational allowance within days of the general election? I assume that he welcomed that.

[Mr Murphy]

I think that the hon. Gentleman called me the Secretary of State; of course, I am the shadow Secretary of State, but I am sure that will be corrected by Hansard. There are measures that we welcome, some of which I have alluded to already; I shall discuss some of the others later and will give the hon. Gentleman the opportunity to intervene at that point if he wishes.

The Conservative manifesto pledged to ensure that our armed forces, their families and our veterans are properly taken care of, but the taskforce was tasked with finding

“innovative, low-cost policy ideas.”

It is difficult for any Government to find the right support for our armed forces on the cheap, without necessary and adequate funding. They have not yet responded to the work of the taskforce.

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[Mr Murphy]

I have already welcomed the report and the fact that there will be an annual debate, but I do not welcome the fact that the production of the report will be in the hands of Ministers, rather than independent experts. It is an issue about which the Royal British Legion feels strongly.

[Dr Murrison]

The right hon. Gentleman has been generous in giving way. Can he define “independent”? I have attended a meeting of the external reference group and found it to be anything but. It is certainly made up, in part, of independent individuals, but also largely of officials, who can in no way be said to be independent of the Government.

[Mr Murphy]

I do not think Madam Deputy Speaker would welcome an attempt by me to provide the House with a definition of independence, but the fact that the three armed forces families federations are on the expert group gives it authority, independence, clarity and sincerity that, with the best will in the world, the most capable and sincere Minister cannot of himself provide. It is important that that work is continued.

My most serious concerns are about the proposals on armed forces pensions. The Government plan to link forces pension rises permanently to the consumer prices index, rather than to the retail prices index. That is a serious misjudgment and an indictment of the Government’s claim to want to strengthen the military covenant. We are in no doubt that in the current climate there is a need for restraint in public sector pay and pensions, but that year-on-year change will disproportionately affect members of the armed forces and their dependants, who rely on their pensions at earlier ages than almost anyone else.

The impact of the proposed changes will be devastating. A 27-year-old corporal who has lost both his legs in a bomb blast in Afghanistan will miss out on £500,000 in pension and benefit-related payments. War widows will also lose out enormously. The 34-year-old wife of a staff sergeant killed in Afghanistan would, over her lifetime, be almost £750,000 worse off.

There can be only two possible justifications for that policy. First, Ministers think it right to reduce year on year the support to forces personnel and their dependants, and support the policy presumably because they consider the current support to be unfairly generous. The Secretary of State did not support the policy on that basis today, nor I suspect will any Government Back Bencher.

The second possible reason for this heartless policy is deficit reduction, but that argument does not add up either. The impact of the measures will be felt long after the deficit has been paid down and the economy has returned to growth. I ask Ministers today to commit to rethink the policy or, in the absence of a full rethink, and if they believe that it is part of their deficit reduction plan, to consider a time-limited measure during the period of deficit reduction and spending restraint. That would be a fairer approach. There is no logical reason why the bravest British soldiers fighting in Afghanistan should see their pensions reduced for the rest of their lives, or why war widows, who have had the person most special to them taken away, deserve to have taken away from them the support on which they so depend.

When challenged on the issue in November, a Ministry of Defence spokesman said:

“It is not possible to treat the armed forces differently from other public servants.”

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[Dr Murrison]

rose—

[Mr Kevan Jones]

rose—

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[Mr Llwyd]

The way in which Mr Fletcher went about the matter was to e-mail every member of the probation service who was connected with prisons and ask them how many people on their books had been in the services. That was how he came up with his figures, but even within the latest Government figures of 3.5% or 4%, we see that in Dartmoor, for example, the figure was 17.5% in 2007.

[Dr Murrison]

The Minister and the shadow Minister are right, but then so is the hon. Member for Dwyfor Meirionnydd (Mr Llwyd). He is probably about to cite the figures for violent and sexual offenders, which show that there appears to be a greater likelihood that people with a service background will fall into that category. However, we would expect people with a service background to be less represented than others in the prison population, would we not? They are selected because they do not have a criminal record when they join up, and they are members of a disciplined service. That needs to be borne in mind when considering the figures.

[Mr Llwyd]

I agree, and perhaps I should move away from the figures, because I cannot profess to know them precisely any more than anybody else can. All I am trying to say is that the problem is serious. The hon. Gentleman makes the valid point that we would expect people who have been in the armed services to be more disciplined, and in most cases they are. However, there are worrying examples of people who, for almost inexplicable reasons, commit violent offences.

I know of two cases intimately. The first is that of a person in a fish and chip queue in north Wales who felt that somebody behind him was invading his space. He reacted violently, because he had been trained to look after himself. Unfortunately, by the time he had finished the skirmish two or three minutes later, there was a person on the floor very badly injured and he went away for four years for grievous bodily harm.

The second case is that of a young lad from my constituency who returned home from Helmand on a Wednesday and borrowed his father’s car to go out on the Friday night. He drank far too much and had an accident, killing two passengers. It could be argued that he had been to hell and back in Helmand and felt that he could do such things with impunity. I am not running that young man down, and I am sad to see him where he is, but that is another example of which I am aware.

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[Dr Andrew Murrison (South West Wiltshire) (Con)]

It is a great pleasure to follow the hon. Member for Dwyfor Meirionnydd (Mr Llwyd). I particularly appreciate his remarks about clause 2 and health care. I am pleased to be able to say that the Government have accepted my report “Fighting Fit” on the mental health care of veterans. Part of it stated that we should indeed scrutinise people far more closely at the point when they depart from the services to ensure that we consider mental health. In my 18-year career as a medical officer in the Navy, we rarely did that. The matter was neglected, and I am therefore pleased that the Government have accepted the report and that the armed forces will now assess people when they leave and before they become veterans so that we can take timely action when necessary.

I declare my interests, which are in the Register of Members’ Financial Interests. In addition, in connection with clause 27—an obscure provision, which I suspect is largely uncontroversial—I am a member of the naval medical compassionate fund. I call it a potential benefit because one has to be deceased for any benefit to be obtained from it. Although that is ultimately inevitable, I hope that it will not happen during my time in this place.

I pay tribute to those right hon. and hon. Members on both sides of the House who have done so much for the military covenant and in raising its profile. Over the past 10 years or so, public support for our armed forces has increased. That is in large part because of the profile of the armed forces and, although it may not be fashionable to say so, I think we in this place ought to take a certain amount of credit for promoting the interests of the men and women of our armed forces. Members on both sides of the House do that, so this is not a partisan matter at all.

However, I welcome this Bill as the next step in the process of ensuring that the military covenant is a key part of the way in which we deal with our armed forces, and not just now. It is very easy to do that now, as every night we see images on our television screens highlighting the plight of the men and women of our armed forces, and the excellent job they are doing and the professional manner in which they are doing it. The problem arises 10 or 15 years down the line when, God willing, we are living in a time when the armed forces are less high profile. In those circumstances, it will be very welcome to have an opportunity to assess, on an annual basis, how we are dealing with our servicemen and women, and, of course, with our veterans and service families.

[Bob Stewart]

One of the problems in respect of Help for Heroes is that we must deal not only with the current conflicts in Afghanistan and Iraq. We have problems that go all the way back to the second world war, and we must put in place resources to look after the people who were involved then. Speaking personally, I had about 35 soldiers wounded on 6 December 1982. Those people require to be looked after, and two of them were paraplegics. I simply want to endorse my hon. Friend’s point that we must look after all our veterans who have been hurt, not just the people who are now in the public eye from Afghanistan and Iraq and, perhaps, Kosovo and Bosnia. The issue goes back well beyond that, and let us also remember all those people who were hurt in Northern Ireland over many years.

[Dr Murrison]

My hon. Friend is, of course, absolutely right, and I think the Government have recognised that need. One of my report’s recommendations was that we should be more proactive in addressing our veteran population, and I am pleased that it has been accepted. Ministers recognise that we need to do more for veterans.

Having just been nice to my Front-Bench colleagues, perhaps I might say that I disagree with them in one respect. Clause 2 is entitled “Armed forces covenant report” and I take exception to the term “armed forces” in that context. May I gently suggest to my right hon. and hon. Friends that it would be more appropriate simply to use the term “military covenant”? I say that because I think that term has had a certain amount of purchase. It is now understood by the general public. It is in the public domain, and the media understand it, and I think they would be somewhat confused if we were now to make this rather semantic change of using the term “armed forces” instead. To argue against myself, the word “military” excludes naval of course, but I think that in the public’s mind “military” refers to the entirety of our armed forces. I do not want the value of the concept of the military covenant to be degraded in any way by a confusion over this title. That point might, perhaps, be considered in Committee, of which I hope very much my hon. Friend the Member for Milton Keynes North (Mark Lancaster) is successful in becoming a member—I wish him the best of luck in his endeavours in that respect. As he says, it will be fascinating to serve on the Committee, and I hope to talk a little more about that shortly.

[Bob Russell]

May I help my hon. Friend by pointing out that the Royal British Legion, which, of course, encompasses all the armed forces, refers to this concept as the military covenant, so it is on his side?

[Dr Murrison]

I am very pleased. I am a member of the Warminster branch of the Royal British Legion and I rarely disagree with it. It has done a great job in its honour the covenant campaign. I am very pleased that it agrees with me, and I have no doubt that it will make representations to that effect.

The Government have been spot-on in the way they have approached the covenant in this Bill. I have given a great deal of thought to what we should be doing in respect of the military covenant. As my hon. Friend the Minister knows, we considered the matter at great length when in opposition, and the debate was always about the form in which it would find its way into legislation.

At one end of the spectrum, we could be fairly didactic in what we mean by the military covenant. We could make it a bean-feast for lawyers, but that is completely against the spirit of the military covenant. It derives from Harry Levinson’s work in the 1950s and ’60s, in which he identified something called a psychological contract: a contract that was moral and that was understood, but that was not actually laid down in any form of written covenant, promise or undertaking. It is absolutely right that we should do nothing that would destroy the military covenant as part of that type of covenant. A couple of Members have mentioned the fact that this is not simply a deal between Government and officials and the rank-and-file. It also involves the general public. If we were to start putting it in a didactic contractual form, that would degrade that particular element of the deal that we understand by the term “the military covenant”.

That seems to be the view of most commentators. At the Royal United Services Institute in June 2008, Christianne Tipping said:

“This debate must continue but it must not attempt to specify that which is incapable of specification—the psychological contract is more powerful than the legal one.”

I agree. It could be said that the military covenant is at the extreme end of the psychological contract spectrum, but it is, nevertheless, part of that deal, and it is important that we treat is as such.

I welcome the annual report. The shadow Secretary of State was a little parsimonious in his praise for it. It will certainly maintain the profile of this issue. The devil is in the detail of course, in that the nature of the annual report is crucial—what it contains, how it is presented, and how it is debated. It is important that we know what the items in the report will be. We know what some of them will be, but this issue goes much further than that, of course. We must also address issues such as kit, the way we deal with the bereaved, and coroners courts. As has been mentioned, they have caused a great deal of grief over the past few years, and it would be extraordinary if they were not dealt with as part of this annual report.

It is also important that we listen to the views of third parties. They will undoubtedly comment on this, and they are also very important in the implementation of the military covenant. Government must not do that alone. If they were to do so, they would completely ignore the general public and the voluntary sector, which are another element that must be party to the military covenant. It would therefore be interesting to know what involvement from third-sector partners is envisaged in this annual report.

It is also important that the report is dovetailed with any other relevant reports there might be, such as from the service complaints commissioner, the continuous attitude survey or the external reference group. We need to know, as well, the extent to which personal functional standards subsequent to the armed forces overarching personnel strategy have been satisfied, and we need to incorporate the views of the Armed Forces Pay Review Body.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

While I welcome the hon. Gentleman’s comments about external scrutiny of the armed forces annual report, does he not agree that it is vital that the House itself scrutinises the work of the MOD? Does he also agree that every year after the report is published the Defence Committee should invite the Secretary of State to appear before it to face further scrutiny?

[Dr Murrison]

I believe the Secretary of State does so in any case, but that is, of course, a matter for the Chairman of the Defence Committee, and I am sure that my right hon. Friend the Chairman will be only too delighted to oblige.

It is important that we thrash out what we mean by the covenant and the deal we are prepared to strike in recognition of it. On the one hand, it might be a “no-disadvantage” covenant, by which I mean that people will not be disadvantaged by their military service. On the other hand, might it mean a “citizen-plus” covenant, in that people will get a bit extra in recognition of the fact that they are serving or have served, or are related to someone who is serving or has served, in the armed forces? It is important that we do that.

We could envisage the “no-disadvantage” covenant as being what we might aspire to at the moment, and the “citizen-plus” covenant as being the sort of model that applies in the United States. Certainly, the “no-disadvantage” covenant appears to be what people have in mind in things such as the service Command Paper. The term is used in that publication and also by Professor Hew Strachan in his recent report on the military covenant. Furthermore, of course, that covenant is a great deal more attainable, and we can take a closer view of what it actually means, if we use the benchmark of not disadvantaging people by virtue of their service. A “citizen-plus” covenant, however, is more difficult and invites calls of “Me too!”, in particular from other public servants who say that these days they are just as much on the front line. We could argue that point.

It is important that the annual report contains an outcome measure. We need to know what we are looking at in order to make an assessment of whether the Government have done what they should be doing in honouring the military covenant. What do success and failure look like? It is important that the document is subject to rigorous independent scrutiny, not least by the Defence Committee. The report will be subject to the media spotlight and the analysis of third parties, so it needs to be a comprehensive and detailed document, unless it is simply to become, in the fullness of time and potentially under another Administration, simply a tick-box exercise.

Over Christmas last year, my right hon. and hon. Friends were exercised by the air bridge between the UK and theatre. Perhaps that is a demonstration of a facet of the military covenant that could be covered in the annual report. I find to my great horror that similar problems arose this Christmas. It was a high-profile incident because it involved Katherine Jenkins and James Blunt and their failure to go to theatre to entertain the troops. Will the annual report cover theatre-specific elements of the disgruntlement of our armed forces? The Minister knows full well—we talked about this a great deal in opposition—that paramount in that list of disgruntlement tends to be things such as the air bridge and rest and recuperation.

Organisations such as the British Limbless Ex Service Men’s Association point out that people owe their allegiance to the nation, not to localities by and large, and that the covenant is a country covenant, not a county covenant. It is important, when considering elements of Professor Strachan’s report, which is excellent in almost all respects—particularly his important point about the community covenant—that we recognise that people owe their allegiance nationally and expect the covenant to be honoured nationally as well. It would be a pity if we entered into some sort of postcode lottery in how we regard our duties to the men and women of our armed forces. I represent a constituency in a military part of the country, and as a community we are fully apprised of our duties towards the men and women of our armed forces. Some parts of the country, however—perhaps because men and women of our armed forces are less prominent there—are less inclined that way, so it is important, given that this is a national covenant, that we view this nationally, not parochially.

It is also important to recognise that the covenant cuts both ways. It is a duty that the country and the Government owe to the military, but in turn the military owes a duty to the public and the Government, and it is important to assess—in my view, as part of this annual report—whether that duty is being satisfied in all respects. Everyone in this place admires our armed forces greatly—many of us have served in them—and I am second to nobody in my admiration for the men and women who serve this country so gallantly. However, there will be detractors and those who say, “It is all very well talking up the military covenant, but we also need to understand that the public have expectations of the men and women of our armed forces.” It is important to include in the report, therefore, if only to gainsay it, that we have to look at areas where the public have been let down, as well as at areas in which we have let down our armed forces. I put that down as a point for consideration in Committee.

I turn to later clauses of the Bill that broadly speaking provide for the discipline elements. Clause 6 deals with the performance of the Ministry of Defence police. I have always had cordial relations with the MOD police, who work closely with their county colleagues, but, in a similar manner to the comments by my hon. Friend the Member for Milton Keynes North, one would have to ask all the time why we have a separate MOD police force. If we are going to consider in Committee the service police—our Front-Bench team made a generous offer to do so—perhaps we might also look at policing in the round within the MOD, which of course would include the MOD police. It is important that police forces benchmark their performance. The MOD police force is a particular force with a different profile; what it does is subtly different, and its arrest and conviction profiles are very different from those of county forces, and we have to ask all the time, particularly in an age when we are looking for efficiency savings, whether the current model is the correct one. I make no judgment on that, but it might be something that the Committee should look at and take a view on.

Clause 5 deals with the appointment of provost marshals and asserts that only provost officers should be provost marshals, which struck me as slightly odd. At a time when we are looking for ways of making heads of police forces lay people, it seems a little odd—it sits uncomfortably with it—to insist in the Bill that in all circumstances provost marshals should be provost officers.

I am always a little wary when it comes to extending anybody’s powers—in this context, the powers of service police—unless I am faced with a good reason. That must be our starting premise. However, I do not have a good reason for why we need to extend the powers of service police. Although I am perfectly willing to take Ministers’ words for it that it is necessary, we will have to tease out in Committee why we need to extend the powers in the way described.

Clauses 9 to 11 and compulsory testing have been discussed at length by the hon. Member for Dwyfor Meirionnydd and in an authoritative fashion that I cannot match. However, I start to get concerned about compulsory testing, particularly when it involves health care professionals. This is an ethical minefield and something that no doubt will need to be explored in Committee.

[Bob Russell]

When the Armed Forces Bill Committee considered this point three or four years ago, we were advised—if my memory is correct—that the equivalent of two infantry battalions are discharged each year for testing positive. Under those circumstances, does the hon. Gentleman accept that the checking is an important requirement?

[Dr Murrison]

I think that the hon. Gentleman misunderstands me. If I develop my point, perhaps I can answer his concerns.

We have compulsory drug testing at the moment, and it has been found to be broadly successful. My concern is about further testing at the say-so of the command and because it suspects that there might be a safety-critical issue. If instances can be cited in which safety criticality might have been affected by compulsory drug testing, we have a good case for doing this, but that case has to be made before we extend those powers. I would make a small suggestion: if we are to take those powers, perhaps we might like to consider them after 12 months, using a sunset clause, to ensure that they are still necessary. If they are not, we could consider removing them.

It is not clear to me what the position of registered medical and nursing practitioners will be in all this. They operate within a disciplined service, and the rules can be quite challenging. However, looking at the Bill, I would say that were I in that position, I would be phoning up my defence society to ensure that I was not transgressing before co-operating with such a provision. I see that there is a get-out clause for medical practitioners. It all looks a bit woolly to me, but I suspect that it will be firmed up as the Bill proceeds.

The Bill will further separate service police from the command, yet service police remain servicemen and remain within that command structure; indeed, they can exercise command appropriate to their rank. I am a little concerned about these people, because they are potentially remarkably powerful individuals. We need to bear that in mind when considering this matter. Part of the military covenant is about ensuring that we do the best by the men and women who serve this country; they should not be disadvantaged. On the remarks made by the hon. Member for Dwyfor Meirionnydd, it is important that we have a system that does not impose a greater legal restriction on that population than on the general public. If our system did impose that, we would not be honouring our commitment under the military covenant, because service personnel would most certainly be disadvantaged.

I am concerned that there has been insufficient reflection on the possibility of combining our three sets of service police. As my hon. Friend the Member for Milton Keynes North said, there is potential mileage in combining the three. I sat through our consideration of a lot of the supplementary legislation to the Armed Forces Act 2006 and enjoyed it very much. However, it was clear to me that the systems of law were coming much closer together; indeed, one cannot get a cigarette paper between the three of them any more. Given those circumstances, the environment has changed and the case for combining those services into a tri-service provost service makes some sense.

I conclude by welcoming the Bill, which is a culmination of a huge amount of work. It sets the right balance between a covenant that is unspoken, moral and psychological, and addressing the more obvious needs of the men and women who serve our armed forces very well. I shall certainly be supporting the Bill.

[Chris Bryant (Rhondda) (Lab)]

It is particularly appropriate that we are debating this Bill on the anniversary of the treaty of Versailles coming into operation in 1920 and the first meeting of the United Nations in London in 1946. I pay tribute to the hon. Member for Milton Keynes North (Mark Lancaster). When I was a Minister, I tried to do business with him in as friendly a way as possible in relation to the armed forces and the Foreign and Commonwealth Office. His comments about the reserve forces were absolutely right, because it is true to say that the operations that this nation have been involved in over the past 15 years could not have been conducted without the support of the reserve forces, many of whom have, I suspect, had to go into theatre far more often than they or their employers expected when they signed up. We therefore owe them “a debt of gratitude”; those words are often bandied around this Chamber, but he made a very fair point about the importance of the reserve forces. I know from my constituency that they are an important part of the contribution that is made.

The hon. Member for South West Wiltshire (Dr Murrison) was absolutely right to say that it would make more sense to stick with the term “military covenant”. I am often more pedantic than is good for my friendships—[Hon. Members: “Surely not”.] I thought that it was you heckling me, Mr Deputy Speaker, but as you have not had a drink yet, it probably was not. He is right to say that this phrase is now common currency and is used generally. I suppose that people who were being pedantic might say, “That merely applies to the Army”, but language changes and he is right to say that trying to reinvent a concept of an “armed forces covenant” is inappropriate. I hope that the Minister will respond accordingly when considering the way forward for this Bill.

I particularly wanted to speak in this debate because this country’s mining constituencies have produced many members of the armed forces. A large number of men and, increasingly in recent years, women have joined the Army, rather than the Navy or the Royal Air Force. When a survey was carried out in recent years of the preferred career of choice in mining constituencies or former mining constituencies, as mine must now be considered, the armed forces came out on top by far, followed by the police. I am sure that that is partly because of a tradition that there has been in many of these constituencies—there is a deep respect for the traditions of the armed forces, and people have wanted to follow in the footsteps of their fathers, grandfathers and so on—but it is also because of the economic circumstances.

At its height, a single industry in my constituency employed 130,000 men working underground, and when it disappeared and a large number of people were, in effect, left on the scrap heap politically, many of those young men felt that the only career open to them was one in the armed forces. They have managed to take a great deal of pride from such a career. They have been able to give to the armed forces and the armed forces have been able to give back. I was delighted that the Ministry of Defence decided to open a combined cadet force in Treorchy comprehensive school. In the main, cadet forces had previously been attached only to public schools—fee-paying schools—so it was a great delight to see a new one start in Treorchy a few years ago.

[Dr Murrison]

I agree with the hon. Gentleman entirely on that. What does he make of comments by the National Union of Teachers to the effect that it was wrong for the previous Government—and, presumably, now for this Government—to encourage the involvement of uniformed men and women in our armed forces in areas of deprivation, where there is high unemployment, because they may be preying on people there? I utterly refute that assertion and I hope that he does too.

[Chris Bryant]

When I have heard those accusations, as I have when political opponents in my constituency have attacked me ferociously on these issues, I have wholly deprecated them. If we examine the work that the armed forces do in schools, we find that it is not about preying on young people who, in some sense, might not have other opportunities in life. Often such work is about giving people the confidence in themselves to go on to do something that has nothing to do with the armed forces. It is about giving them a structure in life, and a sense of discipline and opportunity, which is of value to the wider community. I know that some teachers at Treorchy comprehensive were sceptical about the combined cadet force coming to the school, but since it has been in place they have been entirely supportive and have found it to be an entirely beneficial operation.