(6 years, 8 months ago)
Commons ChamberIt was wonderful to hear the speech by the right hon. Member for Broxtowe (Anna Soubry). I cannot say how much I agree with her about how much this House knows that what we are working towards will be an absolute unmitigated disaster for our constituents. Every one of us in the House, apart from the tiny minority who are driving this disastrous move forward, is absolutely clear that we are going to leave our country and our constituents poorer. It will be a disaster.
I have to say to the hon. Member for Clacton (Giles Watling) that it is nonsense to say that when the facts change, one does not change one’s opinion. Were that true, there would be no divorce. It would mean saying to every woman in the House, “You would never be able to take back that dress that you thought was wonderful when you first saw it but that looked an absolute unmitigated disaster when you got it home.” The facts are changing and we are finally getting to the truth of the disaster of where we are going, so it is right that we go back to the people and say, “Do you want to change your mind? Is this the right direction?”
The impact on London will be tremendous, as we have heard from my hon. Friend the Member for Lewisham East (Heidi Alexander), but I cannot begin to talk about how disastrous it will be for Wales. May I start with the issue of gross value added? Gross value added is one of those terms that does not really resonate with constituents, but let us look at what it means in Wales. In 2016, it was £59.6 billion. The Government’s projections mean that Wales would lose about £5.7 billion in the event of no deal, and around £3.3 billion if we secure a trade agreement. That is over a period of about 15 years, but it will have a huge impact on the Welsh economy. It is not the most vibrant economy, but it will have a devastating impact.
I could throw lots of figures about, but one that impacts on families across my constituency is inflation. Inflation remains at 3%. Wages are not going up, but prices are, and my families are becoming worse off. The cost of food and other goods is soaring as a result of the fall in the value of the pound, which remains about 15% below pre-referendum levels. That is a visible and very real impact on the daily lives of my constituents. Having seen that impact, my constituents deserve the right to another opportunity to decide whether this is a bet that they want to take given that, even under the Government’s own policies and analysis, it will bring further poverty, further disaster and limited opportunities for their children.
I have talked to many of my constituents about how they voted. Some of them say, yes, they got a great result. They got the result that they wanted out of the referendum; they got rid of David Cameron—job done. That is what they have actually said to me. It was not about Europe; it was about austerity. They hated what was happening to their families. They hated the fact that so many of them were heading off to food banks. Some of them say, yes, it was about immigration, but really it was about the wages that they were getting and the 1% pay rise that, year on year, meant that they and their families were falling behind.
For many of them, it was about taking back control. They would say to me, “These unelected bureaucrats”, and I would say, “Well, okay, but tell me the name of the director of education in Bridgend County Borough Council.” They would say, “What? I don’t know, Mrs Moon.” Well, that is an unelected bureaucrat. It is not who the bureaucrats are that we need to know; it is who the politicians are. It is the politicians who hold those bureaucrats to account and it is the politicians who make the decisions. It is about knowing who our politicians are and getting behind them that is the important part of democracy.
A grim time lies ahead. Most businesses constantly approach MPs to say that if we leave the customs union there will be severe consequences, which makes me really, really nervous. I have two major employers at two ends of my constituency: the Ford engine plant and Tata Steel. The impact on both the car industry and the steel industry will be devastating when we leave the European Union. I cannot begin to talk about the impact that job losses in those two industries will have on my constituents. I cannot begin to talk about the loss of future opportunities for the children in my constituency. I have fantastic schools and I am so proud of the bright, alert, really eager youngsters for whom we should, as a country, be promoting a future of opportunity, instead of which I hear fantasies about wonderful trade deals with countries that will never, ever bring the benefits—I ask Members to read the submission from Tata Steel—that access to the European markets currently brings to Tata Steel.
The hon. Lady is making a very important speech. I suggest that my hon. Friend the Member for Clacton (Giles Watling) visits her constituency, and talks to Ford and Tata Steel in order to understand the importance of frictionless supply chains, membership of the customs union and membership of the single market in the very real industrial world that the hon. Lady and her constituents inhabit.
I thank the right hon. Lady for saying that, because I have those conversations all the time.
When I trotted over to DExEU to read the wonderful insight reports that we were meant to see, I was absolutely appalled by the poor quality of analysis that would be devastating for the people I represent. I will not vote for anything in this House that I think will damage the people I represent. I feel awful guilt—the right hon. Member for Broxtowe also mentioned this—about having voted for that referendum without insisting that we had all these debates before we took it to the people. I recently attended one of my local Women’s Institutes, where a lady said to me, “We shouldn’t have been asked to vote, should we? I didn’t really know what I was voting for. I went with what everybody else was saying, but I didn’t really understand the consequences, and now I’m worried about my grandchildren.” We should all be worried about those grandchildren.
So here we are. It is really quite obvious that we are not going to have frictionless trade. If we leave the single market and the customs union, we are going to make sure that our families are worse off. Europe is on our doorstep. We can get from here into the centre of Europe in a matter of hours. The EU has 37 trade deals with more than 65 countries around the world, covering 15% to 17% of the UK’s trade in goods. The EU has trade deals in place with more countries than the US, which has 20; China, which has 23; and Australia, which has 19. And yet, what are we going to do? We are going to throw that away.
Finally, I am a Member of the NATO Parliamentary Assembly. Every time I attend a meeting, colleagues there tell me of their fear of the consequence of Britain’s departure for the stability of Europe. Every time I see them they ask me, “Is there any chance?” I just hope to God that we wake up in time and say, “Yes, there’s a chance.”
(7 years, 9 months ago)
Commons ChamberI absolutely agree, and that is exactly the point that many Members across this House are now making.
The right hon. Lady is making a very honest speech, and I commend her for her honesty and decency.
We have just heard three excellent, calm, rational speeches explaining the things that are tearing this country apart. Is it not now time for us all to understand that not only are we talking to our own constituents, but that this House is being listened to across the world, that the people who will be deciding on Brexit are also listening, and that those who are ever more triumphalist, aggressive and bellicose will be the worst enemies when it comes to our getting to where we will need to be?
I completely agree with the hon. Lady, and this is part of the bringing together, the forming and building of a consensus not just in this place—I do not know why we should be so frightened of that here—but across the country at large. Families, friends and communities remain divided and we must now come together.
People have put their trust, as I have, in my Prime Minister and my Government. I have said to them, as somebody who has always believed in our continuing membership of the EU, that we lost that debate, and I now trust the Prime Minister and the Government when it comes to the abandoning of the single market and freedom of movement, and even, goodness forbid that this happens, leaving the customs union. I will continue to fight for all those things, because I believe in them, but I trust my Prime Minister and Government to get the best deal for our country. I think this Bill is a good vehicle to deliver the result and in many ways should not be amended, but all we are asking is that this place, in the event of no deal, actually has a voice and a vote.
If the Government cannot see the profound logic and sense of that, it will leave people like me with no alternative but to make my voice clear and heard on behalf of all my constituents and to support the hon. Member for Nottingham East (Chris Leslie) in this amendment. It is reasonable and fair, and it encompasses, in what it seeks to achieve, the right thing.
(8 years, 10 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
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What is inspiring today is the fact that we are all here doing that—fighting tooth and nail. I know the Minister. We have worked together on defence matters and have a history of sparring across the Chamber, but we also have a history of working together constructively. I hope we are able to carry that on, because there is an unfairness of status in this situation. China can ignore climate change in a way we cannot. It is not bound by the high cost of energy, because it subsidises its companies in the use of energy. It has quadrupled its output of steel since 2000, so its plan has been quite a long-term one. We must deal with the market distortion and think about how we protect our own industries.
The wonderful Business, Innovation and Skills Committee report points out that over the past four decades production in the UK has fallen behind production in France, Spain, Italy and Germany, and that, in those countries, support within the European rules has protected their critical steelmaking skills and industries, helping them to withstand some of the global competition much more efficiently and effectively than we have in the UK. It is important that we look at the five asks. Those are not the Labour party’s five asks. They are the steel industry’s five asks. The issue is not a party political one. The steel industry says, “Give us these, and we have the opportunity to move forward.”
On business rates I want to raise one issue. I was deeply concerned about this at the statement on Monday. My hon. Friend the Member for Blaenau Gwent (Nick Smith) and I both raised the issue of assistance in terms of business rates. The Minister replied, saying, in relation to the Welsh Assembly: “They wanted that”—business rates—
“as part of their devolution settlement, of course. There is a good argument that if one gets what one asks for, one has to take the consequences.”—[Official Report, 18 January 2016; Vol. 604, c. 1144.]
Well, the Welsh Assembly cannot make the changes to business rates that will bring the exemption for plant, equipment and machinery, which is what we are asking for, and therefore we need the Minister to address that issue and take it forward constructively.
(8 years, 10 months ago)
Commons ChamberYes, absolutely. We are all hugely proud of the fact that Crossrail, a fantastic multibillion-pound project, has been built with British steel—and that is because it is the best.
My constituency is next door to Aberavon. Many of my workforce travel into Aberavon on the A48 to work and have done so for many years. There is a real risk that the critical mass of the steelworks in Port Talbot will be endangered by the job losses. May we have an assurance from the Minister that there will at least be interim relief in business rates? That is the big issue that will make or break the viability of the works and the jobs there.
That is a good argument, but not one to put at my door. This matter is the responsibility of the Welsh Government, because, as the hon. Lady knows, it is devolved. There is other work we could do: we have been discussing with Tata for a long time whether the land is being best used, and there is a lot of work we can do with the port to make it much more viable. We can look at other ways to ensure we make full use of the port by Port Talbot.
(9 years, 8 months ago)
Commons ChamberI think the hon. Gentleman misunderstands me. We could have played politics, but I absolutely was not going to do that. My officials would not dream of such a thing, of course, but we could have done that because the amendments were not clear. I took the firm view that it was clear what the Committee wanted and that we should do everything we could to put it into effect. There was a good argument for waiting until the next armed forces Bill, but I took the view that that would not be right. It was clear what the Defence Committee wanted and what the Public Bill Committee wanted. That is why the Government have tabled the amendments. We know that that is, in effect, the will of the legislature. I am pleased to see my hon. Friend the Member for Penrith and The Border (Rory Stewart) nodding.
The amendments will give us a Bill and a process that will help our people understand when they can approach the ombudsman, on what matters and at what stage of the process, and they will give the ombudsman the teeth needed to hold the services and the MOD to account. I therefore commend amendments 1 to 21 to the House.
Amendment 22, which is in my name, seeks to define “undue delay”. I pay respect to the Minister, who has taken time to meet everyone involved with the Bill. We had considerable discussion on the issue of undue delay and how it could be defined, and we agreed that, although I would not press the amendment today, it was important that there was a dialogue about delay.
There are two things that one can say for certain about the current complaints system: delay is an endemic problem within the system, and everyone is aware of it. It came to the attention of the Committee many times that only 25% of cases are resolved within a 24-week target, and only 26% of complaints made in 2013 were closed during that year. The internal risk register looking at the implementation of the service ombudsman Bill within the MOD stated that there was a high risk that the system would lose further internal credibility if there was continuing media exposure of how powerless the ombudsman is. Rather than media exposure taking place, it is important that the system operates well so that there can be internal confidence.
There is a high risk that the system will continue to fail and that current delays will continue. There is a high risk that service personnel will be let down, damaging their mental health and leading to suicide attempts. None of us wants to see any of that, which is why the Defence Committee has worked as closely as possibly with the Minister to ensure that we move forward in a constructive and productive manner.
In January 2013, 325 complaints had a red flag. By December 2013 that figure had swelled by over 50% to 500. We have seen repeatedly how delay has been used to wear down complainants so that they go away. It is also used as a punishment for complaints being made in the first place.
Members have raised concerns about this being an attack on the chain of command. Let me say that, since the Bill Committee, I have taken time—I have spoken to the Minister about this—to talk to people in the chain of command and to ask them how they feel about the changes introduced by the Defence Committee. Every person I have spoken to has welcomed the changes and not felt threatened by them. They all felt that the changes were right and that they would focus people’s minds and attentions on complaints so that they are not put in a cupboard and regarded as an annoyance, but are seen as one of the parts of the job to be dealt with first, so that the unit operates efficiently and effectively. The bad pennies that exist would be dealt with quickly and a clear message would be sent that bullying and harassment, in particular, would not be tolerated anywhere in the chain of command.
Delay is caused in part by the labyrinthine system that was initially set up by the Ministry to process complaints. In his evidence to the Defence Committee, retired Lieutenant Colonel Jeremy Field railed against the masses of paperwork involved. The abuse of process by those in the chain of command either to propel a dubious complaint or to hold up a legitimate but inconvenient one is also a worrisome cause of delay. Such abuses can have a devastating impact on individual complainants and on their mental health and well-being. When such cases come into the public domain, the system and confidence in it are undermined.
I raised the case of Tom Neathway on Second Reading and in Committee. Another concerning case that I would like to mention briefly is that of Sergeant Major Michael Booley, who was Prince Harry’s flying instructor. He accused the Army of gross mistreatment after a four-year dispute that ended his distinguished career. When reading about the case, it is very worrying to see that the service complaints panel found that Major Graham, who Sergeant Major Booley claimed had been acting deliberately and maliciously against him, was an unreliable witness and that his conduct not only wronged the complainant, but acted against the interests of his employers in the Army. I think that that is the big issue. Where there is bullying and harassment, it is against the interests of the Army, the RAF or the Navy. We must always keep that central to our thinking and our focus when looking at complaints. That is why the changes set out today are so important.
I think that it is important to have some sort of definition of undue delay, but I accept that it might not necessarily need to be in the Bill, or even in regulations. It can be something that the ombudsman sets out herself when setting out the definitions that will guide her judgments. I therefore hope that the Minister will consider and discuss with the ombudsman how we can move that forward.
I must say that I thought I had been rather gracious in defeat, so it was a little churlish of the hon. Member for North Durham (Mr Jones)—[Interruption.] He shouts louder than I do from a sedentary position. I have to say that it is to the coalition’s credit that all we are doing in the Bill, with the creation of the ombudsman, has been done in just over four years, while the Labour party did not do it in 13 years.
I want to address amendment 22. I know it is an awful expression, but the hon. Member for Bridgend (Mrs Moon) and I are absolutely on the same page. We know that undue delays are the absolute devil of any system. It is not a widespread problem, as my hon. Friend the Member for Beckenham (Bob Stewart), who has moved to a different place, has quite clearly and properly said, but when it happens, it is a real problem. The attitude is, “Oh, let’s prevaricate. Let’s put up some device. They’ll just go away, or they’ll give up in the end.” We must stop such an attitude, so I completely and totally understand what the hon. Lady is seeking to do. In that respect we are absolutely at one, but not on how we achieve it. I obviously accept the good intentions behind amendment 22, but I shall it because it is not the device to achieve what we both want.
The time taken in progressing a complaint can be affected by any number of events, such as illness, deployment, which I have mentioned, and training. Sometimes the complainant shows a lack of interest, even though the complaint is valued and should be pursued. A complainant might decide not to pursue it for a period but then come back to it, or they might not be going to pursue it and then realise that they should do so for reasons that we can imagine, but often because others have given them support. Of course, the need to find relevant information can also delay things.
It is important for all concerned that no strict definition is applied. If one were, it might deter worthy cases from being raised or constrain the ombudsman’s discretion as to what is in scope. I am one who looks for discretion as opposed to fixed, determined dates or targets. It should be for the ombudsman to set out guidance on what individuals might need to consider if they believe that they have suffered undue delay in progressing their complaint.
This is not a matter for legislation. Putting the advice in the ombudsman’s guidance will ensure that there is the necessary flexibility to adapt it to reflect real experiences. With some complaints, undue delay might be six or nine months. We need that flexibility. That is why it is right to leave it to the ombudsman to set out her—or, in time, his—guidance.
To use the horrible expression that the hon. Lady used, we are on the same page. As of 26 January 2015, 1,033 complaints that had been open since 2013 were still unresolved. We are on the same page in that neither of us wants to see that continue. Let us hope that the ombudsman finds a way to deal with such undue delays.
Absolutely. I hope that the hon. Lady is comforted by the fact that we are looking at whether the complaints that are already in the system can be brought into the new system. I imagine that long delay is a matter that we will want to bring to the ombudsman’s attention. Again, it all depends on the nature of the complaint and what the circumstances are. The Second Sea Lord, Sir David Steel, made the point to me that he had seen some cases in the Navy that were huge because they were about complicated allowances and so on and so forth.
However, it struck me that the cases that the hon. Lady referred to were not particularly complicated. Those delays were absolutely unacceptable. It is often the person-to-person complaints or grievances that must be dealt with expeditiously. That is in everybody’s interests, not just the complainant’s. The person against whom the complaint is made also wants determination and justice. Not every complaint is well founded; there are cases in which false allegations are made. It is therefore in the interests of the person against whom the complaint is made that it is dealt with fairly, justly and with all due diligence and expedition.
For all the reasons that I have given, I resist amendment 22 and urge everyone to accept the other amendments.
Amendment 1 agreed to.
Amendments made: 2, page 6, line 29, after “complaint”, insert
“, where the Ombudsman is satisfied that the complaint has been finally determined”.
This amendment makes a drafting change in consequence of amendment 9. It clarifies that the Service Complaints Ombudsman may not investigate a service complaint unless satisfied that the complaint has been finally determined.
Amendment 3, page 6, line 31, leave out from “complaint” to end of line 32 and insert
“(including an allegation of undue delay), where the Ombudsman is satisfied that the complaint has been finally determined;”.
This amendment makes minor drafting changes, including a change in consequence of amendment 9. It clarifies that the Service Complaints Ombudsman may not investigate an allegation of maladministration unless satisfied that the service complaint to which the allegation relates has been finally determined.
Amendment 4, page 6, leave out lines 33 to 37 and insert—
“(c) an allegation of undue delay in the handling of a service complaint which has not been finally determined;
(d) an allegation of undue delay in the handling of a relevant service matter.”
This amendment clarifies when the Service Complaints Ombudsman may investigate an allegation of undue delay in the handling of a service complaint or a relevant service matter (as to which, see amendment 6).
Amendment 5, page 6, line 37, at end insert—
“(1A) The following persons are within this subsection—
(a) in a case relating to a service complaint, the complainant;
(b) in a case relating to a matter in respect of which a service complaint has not been made, the person who raised the matter,
and, in relation to a case mentioned in paragraph (b), references in the remainder of this Part to the complainant and to a service complaint are to be read respectively as references to the person and the matter mentioned in that paragraph.”
This amendment makes provision about who may make an application to the Service Complaints Ombudsman for an investigation under new section 340H(1) of the Armed Forces Act 2006.
Amendment 6, page 6, line 37, at end insert—
“( ) For the purposes of subsection (1)(d)—
(a) “relevant service matter” means a matter of a kind about which a service complaint—
(i) may be made, whether or not at the time of the application to the Ombudsman such a complaint has been made, or
(ii) could have been made (but for provision made by virtue of section 340B(2)(c));
(b) the reference to the handling of a matter is to its handling before the making of a service complaint (if any) about the matter.”
This amendment defines “relevant service matter” for the purposes of paragraph (d) of new section 340H(1) of the Armed Forces Act 2006 (see amendment 4) and makes provision about the reference to the handling of such a matter.
Amendment 7, page 6, line 39, after “writing,”, insert—
“() must specify the kind (or kinds) of investigation which the complainant wishes the Ombudsman to carry out (an investigation under a particular paragraph of subsection (1) being a “kind” of investigation for this purpose),”.
This amendment provides that an application to the Service Complaints Ombudsman must specify which type or types of investigation the applicant wants the Ombudsman to carry out.
Amendment 8, page 6, line 40, leave out “the” and insert “any other”.
This amendment is consequential on amendment 7.
Amendment 9, page 6, line 42, leave out from beginning to “a” in line 44 and insert—
“( ) For the purposes of this section, a service complaint has been finally determined where—
(a) ”.
This amendment converts new section 340H(3) for the Armed Forces Act 2006 into a general proposition about when a service complaint is to be treated for the purposes of new section 340H as having been finally determined.
Amendment 10, page 7, line 5, leave out “that”.
This amendment is consequential on amendment 9.
Amendment 11, page 7, leave out lines 7 to 11 and insert—
“( ) The purpose of an investigation is—
(a) in the case of an investigation under subsection (1)(a), to decide whether the complaint is well-founded and, if so, to consider what redress (if any) would be appropriate;
(b) in the case of an investigation under subsection (1)(b), (c) or (d), to decide—
(i) whether the allegation is well-founded, and
(ii) if so, whether the maladministration or undue delay to which the allegation relates has or could have resulted in injustice being sustained by the complainant.”
This amendment clarifies the purpose of an investigation under each paragraph of new section 340H(1) for the Armed Forces Act 2006.
Amendment 12, page 7, line 11, at end insert—
“(4A) The power to carry out an investigation under subsection (1)(a) or (b) includes power to investigate any maladministration in the handling of the service complaint where it becomes apparent to the Ombudsman during the course of an investigation that any such maladministration may have occurred.”
This amendment provides for the circumstances in which the Service Complaints Ombudsman has power to investigate maladministration in the handling of a service complaint (other than any maladministration that the complainant has specifically alleged).
Amendment 13, page 7, line 12, after “application”, insert
“in respect of a service complaint that has been finally determined”.
This amendment is consequential on the amendments to new section 340H(1) for the Armed Forces Act 2006 (in particular amendments 2 to 4).
Amendment 14, page 7, line 25, leave out “investigated an application relating to” and insert
“carried out an investigation under subsection (1)(a) or (b) in relation to”.
This amendment confines new section 340H(8), which prevents the Service Complaints Ombudsman from investigating subsequent applications relating to a service complaint that the Ombudsman has already investigated, to cases where the Ombudsman has carried out an investigation under new section 340H(1)(a) or (b) in relation to the complaint.
Amendment 15, page 7, line 31, at end insert “;
(b) whether to investigate a service complaint, or an allegation, as a whole or only in particular respects.”
This amendment provides that the Service Complaints Ombudsman may investigate a service complaint, or an allegation, in whole or in part.
Amendment 16, page 7, line 44, after “investigation”, insert “under section 340H(1)(b)”.
This amendment is consequential on amendments to new section 340H(1) of the Armed Forces Act 2006.
Amendment 17, page 8, line 43, at end insert
“, and
(b) any recommendations referred to in subsection (2A).”
This amendment requires the Service Complaints Ombudsman to include, in a report under new section 340L, any recommendations required by subsection (2A) (see amendment 18).
Amendment 18, page 9, leave out lines 1 to 4 and insert—
“(2A) Those recommendations are—
(a) on an investigation under section 340H(1)(a) where the Ombudsman finds that the =-service complaint to which the investigation relates is well-founded, the Ombudsman’s recommendations (if any) on what redress would be appropriate;
(b) on an investigation under section 340H(1)(b), (c) or (d) where the Ombudsman finds that the allegation to which the investigation relates is well-founded, the Ombudsman’s recommendations (if any) as a result of that finding;
(c) where, by virtue of section 340H(4A), the Ombudsman finds maladministration in the handling of a service complaint, the Ombudsman’s recommendations (if any) as a result of that finding.”
This amendment provides for the recommendations which the Service Complaints Ombudsman can make as a result of findings on an investigation under any paragraph of new section 340H(1) or by virtue of new section 340H(6).
Amendment 19, page 9, line 5, leave out “(2)” and insert “(2A)(b) or (c)”.
This amendment is consequential on amendment 18.
Amendment 20, page 9, line 8, after “maladministration”, insert
“or undue delay to which the finding relates”.
This amendment is consequential on amendment 18.
Amendment 21, page 9, line 10, after “maladministration”, insert “or undue delay”. —(Anna Soubry.)
This amendment is consequential on amendment 18.
Third Reading
(9 years, 9 months ago)
Commons Chamber17. How many service personnel were dismissed from the Army, demoted or otherwise penalised as a result of having received a police caution between 2008 and 2011.
Initially, in reply to the hon. Lady’s campaign, I said that the figure was 1,500, but we have made further inquiries because our aim is to contact everybody. We now think that the figure is nearer to 1,200—1,000 in the Army. As we make those inquiries, it is important to appreciate that not everybody who was penalised in some way had that happen as a result of their receiving a police caution—other matters may have been involved as well—so we are exploring all that.
The Minister will be aware that at least 58 of those personnel were discharged from the armed forces. On a rough calculation of losing, say, a £25,000 salary for just one year, compensation of over £1.25 million would be due. What assessment has she made of the cost to the defence budget of the military law-breaking and cover-up that was involved?
As I have explained, we are identifying all the individuals so that we can contact them and advise them accordingly. I have made it very clear that I want to see action by the three armed forces to anticipate what may come forward so that we do not suffer any more delay and there are no injustices.
(9 years, 9 months ago)
Commons ChamberOn the basis of what my right hon. Friend has just said, I would agree. I urge him, and any other hon. Member, to come to see me. I would have no difficulty in taking up whatever case it may be on behalf of a constituent or an hon. Member. I would be happy to do that. He makes a good point. It is imperative that we work across government. I am pleased that that includes working with local authorities.
Our armed forces do not have the same opportunities for redress on employment issues as civilians—they do not, for example, routinely have access to employment tribunals. We must therefore ensure that there is a robust system in place to deal with any complaints they may have in connection with their service. Such a system needs to be able to deal with grievances quickly and fairly. When it comes to speed, we know that there are some serious failings in the existing system.
That is not just right in principle but is essential for operational effectiveness. If a group of men and women are happy and content in their work, it goes without saying that they will work well, whatever the circumstances of their work may be. Having unresolved complaints breeds discontent, which can undermine morale and diminish our fighting capability.
I turn now to the specific proposals in the Bill. The existing complaints system was set up by the Armed Forces Act 2006 and covers all three services. Many complaints are dealt with promptly and successfully, but we accept that performance is still not good enough and that it can be significantly improved.
It is good to remind the House at this stage of some of the statistics. Fewer than 1% of our service personnel feel that they have any need to raise a grievance and use the complaints system. Of the complaints that are made, it is interesting to note that the majority are not about bullying, harassment and discrimination. It is fair and right to say that those are the most serious complaints, but I note that in the Navy, for example, 10%—I am not going to say only 10%, because 10% is too many —of complaints are about bullying, harassment and discrimination; the overwhelming majority relate to pay, conditions and allowances.
Has the Minister seen the briefing from the Equality and Human Rights Commission? It says that
“there are compelling legal and practical arguments for removing the requirement in section 121 of the Equality Act 2010 for a service complaint to be raised before a discrimination claim is made to the employment tribunal.”
Does she agree that members of the armed forces facing discrimination should have greater rights to go to an employment tribunal?
I do not think it is as simple and as straightforward as that. As evidence emerges, one of the things we are finding is that more members of the armed forces—notably women—rightly feel more able to make clear allegations, which doubtless are well founded, of bullying, harassment and so on, and that often such grievances are settled privately. What I mean by that is not that they are settled in some cosy way, in a corridor, but that people do not necessarily have formally to go through the grievance system. I am open to making sure we get the right result, and I certainly want to make sure nobody in our armed forces suffers from any form of discrimination, bullying or harassment, but the way in which we achieve that is perhaps the debate to be had—we are all agreed absolutely on the aim.
The hon. Member for Bridgend (Mrs Moon) will, I know, have noticed that 10% of Royal Navy cases were for bullying, harassment or discrimination, and that the figure is 43% for our Army and 38% for the RAF. The figures show that, as we know, we have considerably more to do to make sure that it does not matter what anyone’s sex or sexual orientation is, and that they should be free within our armed forces, and indeed anywhere else, from any form of bullying, harassment or discrimination. I wanted to put on record the fact that the majority of cases are about pay, pensions and allowances.
In her annual report, published on 27 March last year, former Service Complaints Commissioner Dr Susan Atkins could not provide an assurance that the current system was operating efficiently, effectively or fairly. That is of concern not only to everyone in this House but, I assure Members, to all Ministers in the MOD, and rightly so.
It is only right and fair that at this stage I pay tribute to the great work that Dr Susan Atkins did in her time as commissioner. I found it a great pleasure to work with her. I think she started her job in a different place from where she ended it, and I think she made huge strides. I have no doubt that she faced many difficulties in her appointment, but she seized them robustly, she took no prisoners, and she undoubtedly improved the system. I hope that the members of the House of Commons Defence Committee, who I know took a keen interest in her work, will agree with my assessment of the great work she did, and that we will sorely miss her.
I also think I speak on behalf of everybody—and if I do not, I will be intervened on, no doubt—when I say that we have an excellent replacement in Nicola Williams, who will be our first service complaints ombudsman. She, too, is an outstanding individual and, if I may say so, an outstanding woman.
I was going to take the hon. Lady’s intervention, but if the two of them are going to fight, I will take the hon. Gentleman’s intervention.
The Minister has set out clearly that where complaints come to the commissioner and she begins to see thematic things happening, she can go to the chain of command. She can go the Secretary of State and she can highlight that, but during the entire time the Service Complaints Commissioner for the Armed Forces has been in post, the Secretary of State, having had those reports, has had the power to ask for an investigation and has never done so. That is why we need the Secretary of State to pass those powers to the ombudsman, so that she can investigate.
I am struggling to have much sympathy with that argument, because it is certainly my experience that allegations are taken extremely seriously by the Secretary of State, and indeed by any other Minister in the Ministry of Defence. It is also my experience of the service chiefs, notably the new head of the Army—the new Chief of the General Staff—that on issues of bullying, harassment and the role of women and any discrimination against women, they are extremely rigorous. In every conversation and meeting I have ever had with the Chief of the General Staff, even when I might have wanted to talk about one or two matters as well as the role of women, he has insisted that we speak about that, such is his determination to eradicate harassment, bullying and sexual discrimination in the Army. We have seen a huge sea change, and it is to be welcomed, not criticised.
It is a great pleasure to follow my friend the right hon. Member for North East Hampshire (Mr Arbuthnot), who made a calm, measured contribution, and who showed amazing leadership as Chair of the Select Committee on Defence. As a new member of the Committee, I certainly found he set the tone for our many deliberations, and he had, I must admit, a calming effect on some of my more vociferous opinions. The House will miss him for his dedication, his belief in public service and his belief in the defence of the United Kingdom.
This Bill, and this day, have been a long time in coming. A whole decade has passed since the Deepcut review by Nicholas Blake QC and the Defence Committee’s “Duty of Care” report, both of which recommended the establishment of a service complaints ombudsman. In that report, the Committee found that the resolution of complaints was slow and may not always be perceived as accessible and fair.
Much has been said and done during the decade of piecemeal reform, but the underlying inadequacy of the system remains unaltered. In 2008 the newly established Service Complaints Commissioner, Dr Susan Atkins—I will not add to the praise heaped on her for her work, because enough has been said, but I totally endorse every word that has been said—said in her first annual report that while progress had been made, “performance is generally poor”. In 2009 she said the system was not working “efficiently, effectively or fairly.” She reported the same thing in 2010, 2011, 2012 and in 2013. In that report she said:
“Since the role of Service Complaints Commissioner was established in 2008, she has not been able to report to the Secretary of State that the Service complaints system operates efficiently, effectively or fairly. This has been because of a lack of confidence in the system, unreasonable delays in the resolution of complaints and a lack of accurate data on how complaints are handled.”
If this Bill does not tackle those complaints, we are wasting our time. Dr Atkins’s seventh and final report is due in the next few weeks, and I think it is relatively safe to assume that the pattern is not going to be broken. This Bill must change that pattern.
The commissioner has pinpointed three main problems. First, there is a
“lack of confidence in the system”
from the very people it is designed to help. In the latest report, the commissioner points out:
“Service personnel have a low level of confidence in the current system which does not offer all complainants the assurance of an independent person overseeing their complaint outside the chain of command in any effective way.”
This low and decreasing level of confidence that personnel have in the system can be seen in the armed forces continuous attitudes survey, which shows dissatisfaction increasing in relation to the time taken, being kept informed, and support from assisting officers. For example, the survey asked those who said they did believe they had been the subject of discrimination, harassment or bullying in the last 12 months why they had not made a formal complaint. The reasons given included,
“I did not believe anything would be done if I did complain”—
54%—
“I believed it might adversely affect my career or workplace”—
53%—
“I was worried that there would be recriminations from the perpetrators”
—30%—and
“I did not want to go through the complaints procedure”—
23%.
The commissioner also points to a “lack of accurate data”. In last year’s report the commissioner found that the data provided by the Army and the RAF contained a number of serious gaps and inconsistencies. Only the naval service was able to provide her with confidence in the accuracy of the data it was providing. That is fairly shocking in the days of electronic data. The inaccuracy of the data coming from the Army was particularly alarming, with the commissioner drawing attention to the Army’s failure accurately to record allegations of indirect discrimination. For an organisation as committed to ensuring diversity and inclusion as the Army, the loss of this crucial data is distressing. As the commissioner points out, these elementary recording failures not only undermine confidence in the efficiency of the system but hamper the shared aim to use
“Service complaint data, together with data on discipline and administrative action, plus information from Service Inquiries, to identify areas and units which have problems and which may affect operational performance.”
Thirdly—this is by far most important point—the commissioner highlights the chronic delays that riddle this system from beginning to end. Delay is by far the biggest and most corrosive problem. It exacerbates, and in part helps explain, the two previous problems.
The evidence on the extent of delay in the system is damning. In 2013, aware that they had this problem of chronic delay, the MOD and the services agreed to meet a time limit of 24 weeks to resolve at least 90% of their complaints, and any complaint not dealt with in 24 weeks would be “red flagged”. So there was a recognition that there was a problem, and a solution, thanks to the work of Dr Atkins, was put in place.
In 2013, however, only 25% of cases
“were resolved within the 24-week target”,
and:
“Only 26% of complaints made in 2013 were closed during the year.”
In January 2013, 325 complaints had a “red flag”. By December 2013 this had swelled by over 50% to 500 complaints.
One need only look at the case of Parachuter Lance Corporal Tom Neathway to see the harm delay can do, and not only to the lives of our armed forces personnel. His story also stands as a textbook example of the structural flaws that any future system must avoid.
In July 2008, Corporal Neathway, while serving in Helmand, lost both his legs and an arm when a booby-trapped sandbag exploded beneath him. Over the next three years—not 24 weeks, but three years—through sheer guts and determination and with the support of the armed forces, Corporal Neathway rebuilt his life and his career, and I pay tribute to that because the work the armed forces have done with seriously injured personnel is amazing. His story became a case study of how injured personnel can recover and overcome their injuries: he took part in the Olympic torch relay in 2012 and starred in the BBC series “Wounded”, showing the fantastic work done with our injured personnel. Sadly, however, in 2011, while at the parachute training support unit at RAF Brize Norton, where he had been based since returning to work in 2009, he was subjected to increasingly serious bullying by Regimental Sergeant Major Alistair Hutcheson, who at one point told the triple amputee:
“You’re not much of a paratrooper any more”.
Corporal Neathway did the right thing: he lodged a complaint to seek redress against an instance of bullying. That the complaints system failed him is an understatement. He had to endure a three-year ordeal in the search for justice from the British Army, facing a series of unacceptable delays that held him up every step of the way. When Corporal Neathway finally secured justice at the service complaints panel in October last year, the verdict was damning. The panel found definitively that the initial investigation by his commanding officer, Major John Chetty, constituted a professional failing. His questioning of witnesses was wholly inappropriate, and a review, by Brigadier Greville Bibby, which held up Corporal Neathway’s search for redress, was also discredited, with the Brigadier leaving the Army. As Corporal Neathway has said, the Army
“had to be dragged kicking and screaming to an oral hearing. They had told so many lies and finally it all unfolded”.
I am unfortunately someone who is often contacted by people when the system fails, so the Minister knows—we have discussed this many times—that I perhaps have a jaundiced view. I tend to hear from the people who are failed by the system. I do not dispute that the system works for some people, but I regularly hear from people who face similar failures to the one that Corporal Neathway experienced. To hold someone in a complaints system for three years is shameful—
I know that it is not normal for a Minister to intervene, but I wanted to say that we are as one on this. The case of Corporal Neathway was shameful and disgraceful. I hope that the hon. Lady will take my word that at no time did I ever say that he was not being wholly honest in his complaint. I wrote to him in October offering to meet him, and I hope that he will take up that offer.
The hon. Lady and I both look forward to a speedy inquiry—an overarching inquiry—into what was a shameful incident.
I thank the Minister for her intervention. I know that she said earlier that she would not intervene on Back Benchers, but I have no objection to her intervening. We have had many a robust exchange in the time we have worked together and I have always enjoyed them. I have no objection to robust exchanges because at bottom we have the same conviction—that the best system for the armed forces must and will be put in place. We might disagree about how we get there, but we agree that we have total commitment to ensuring that the men and women of the armed forces will be protected from bullying, harassment and discrimination, and that those involved in such behaviour will be sought out and punished.
Corporal Neathway was in some ways fortunate in that he had the attention of the media and he had contacts, but service personnel noted that it took that to get justice. They too feel the impact of the incredible lethargy in extreme cases such as Corporal Neathway’s, which can stretch far beyond 24 weeks into hundreds of weeks. The Minister knows that I have received complaints from several people who had given up on their service complaints and left the armed forces, because the delay compounded their punishment. They felt that the delay was used as a way to force them out, to make them and their complaint disappear. That compounds their distress. They had given their lives to their country, but when they were the victims, they were told that they were the problem and to get out. That is unacceptable and the system cannot allow that to continue.
In the 2012 armed forces continuous attitude survey, 46% of respondents reported dissatisfaction with the time taken to process a complaint, with only 39% satisfied. In 2013, that had worsened to 66% dissatisfied. The Minister knows of another area in which I have taken an extreme interest. In January 2013, an article in The Times revealed that some 1,400 soldiers in the British Army had been illegally disciplined over three years, between November 2008 and September 2011. That happened because in November 2008 a change in the Rehabilitation of Offenders Act 1974 meant that police cautions were from then on to be considered spent the second they were issued. The Army thought it had an exemption from the Act and continued to punish personnel who received cautions. It only caught up with the change in the law in 2011. It stopped the practice, but that left unresolved the question of what to do with the 1,400 personnel who, over the course of the two years, had received some form of administrative action following a caution. One policy brief revealed that at least 58 personnel had been dismissed from the services as a result of this double jeopardy. They should have received no punishment at all, but at least 58 had been dismissed from the services.
After much presumed handwringing and discussion, the MOD came to the conclusion that it would do nothing. A British Army policy briefing from November 2011 suggested:
“The longer we take no action the fewer the ‘in time’ complaints about other sanctions there will be. MOD policy may be not to accept out of time complaints on this issue.”
It is now February 2015—
The hon. Lady makes, as ever, a good point. I have decided that the right thing to do is to write to all those affected—about 1,500 people—so that they are aware of the position. They will be reminded of the service complaints process which is available to them if they believe that they have been wronged in any way. Notices will also be placed in all the usual places, such as websites and some magazines. I can only apologise for the fact that it has taken us so long to get to where we are today. It has been complex, but we have got it right now and we are committed to making sure that we move forward as quickly as possible. I thank the hon. Lady for giving way.
I thank the right hon. Gentleman for his compliment: he is very kind, as always.
I am delighted by that change of heart. I was especially concerned because there had actually been service complaints on this issue, but they had been stayed so that people could not proceed with them. The complainants were told that until the Department decided what it would do, their complaints could not proceed. A service complaints process in which complaints can be stayed for four years is unacceptable. That is why one of the amendments that the Defence Committee was eager to ensure was in place was that a person’s knowledge that they had suffered an injustice was not a reason for saying that a complaint was out of time. The Committee also wanted to ensure that delays, such as the staying of complaints, would not be acceptable and could be seen as maladministration even during the process of the investigation. I am delighted to hear the statement that the Minister has just made.
I shall turn now to the changes proposed in the Bill. The introduction of the ombudsman is a landmark reform and it is most welcome, as are the powers to overturn the rejection of complaints applications and appeal applications. The rationalisation of the complaints process, including placing a limit on the number of appeals, is a common-sense approach.
The Bill has many positive aspects, but the Minister will not be surprised to hear that I think it could go further. The ombudsman’s new powers to investigate allegations of maladministration are welcome. These are significant new powers which, if implemented properly, could allow the ombudsman to root out bad practice, inefficiencies and injustice in the complaints process, to everyone’s benefit. However, during the Defence Committee’s scrutiny of the Bill, we revealed possible confusion surrounding the extent and nature of the power, and I hope that the Minister will be able to clarify that in her closing remarks, if not now.
There seems to be disagreement between what the Minister understood and what the commissioner felt was a real step-change for service personnel. The commissioner told the Committee that proposed new section 340H did not match the policy that had been agreed with the Ministry, and that it risked undermining what the Minister hoped to achieve from the provision. Proposed new section 340H(4) states:
“The purpose of an investigation is to decide…whether the alleged maladministration has occurred”.
The commissioner and the Defence Select Committee are concerned that the wording, “whether the alleged maladministration has occurred”, is too restrictive.
The commissioner suggested, and the Committee agrees, that the Bill should be amended to make it explicit that the ombudsman could investigate and report on any maladministration in the handling of a service complaint, and we have suggested amendments to that end, listed in amendment group D in the annex of our report. In their response to the Committee report the Government dismissed this on the ground that it:
“would require the Ombudsman to look for any maladministration in every case”.
I thought that that was the whole point. The Minister is looking at me quizzically. Are we on the same ground here, or is there disagreement?
This is a classic example of us both wanting the same outcome, but there is a question of how we should achieve it. I am grateful to my hon. Friend the Member for Penrith and The Border (Rory Stewart), who chairs the Select Committee, because we have already discussed this matter with officials this afternoon. We believe that our changes to the regulations will achieve what we want—namely, that if the ombudsman feels that she has discovered further maladministration, she would nevertheless go back to the complainant to ensure that they were content for her to investigate it, rather than taking a blanket approach. The hon. Lady will understand that an individual might not want a particular matter to be pursued, for all manner of reasons. I am happy to discuss this with her after the debate, to see whether I can satisfy her. The point is that we want the same thing; there is just the question of whether we achieve it on the face of the Bill or in the regulations.
Again, we seem to have made progress and I hope that we can all agree on this point. I look forward to discussing it further with the Minister and getting clarification.
Anything that streamlines the process is to be welcomed, as is anything that opens up an opportunity for greater investigation of maladministration. The Minister and I agree that maladministration is unacceptable, no matter how or why it occurs. In cases of chronic delay, such as those of Corporal Neathway and of the four service personnel in the police cautions case mentioned earlier, the ombudsman must have the ability to intervene when the delay in handling the case has become egregious. For example, if a complaint has taken twice as long as the Ministry of Defence’s self-imposed time limit of 24 weeks, it seems reasonable that the ombudsman should be able to clarify why that delay is happening and intervene and declare it a case of maladministration.
This brings me to another amendment that the Defence Select Committee has proposed, to ensure that the powers of the ombudsman are sound, reasonable, and beneficial. Perhaps the Minister has already made some changes in this respect. The ombudsman should have the authority to undertake, at her own discretion, thematic reviews into the working of the complaints system. In our report, the Committee emphasised the positive benefit that this small but significant reform could bring, not only to individual complainants but to Ministers and the chain of command. Our report states:
“Rather than undermining it, the identification and resolution of these matters would increase confidence in the chain of command...and could contribute to identifying potential areas to be improved in the MOD’s and the chain of command’s responsibility of a duty of care towards Service personnel.”
That proposal has the backing of the Royal British Legion, with the Legion’s director general Dr Chris Simpkins powerfully pointing out:
“The problems at Deepcut could have been picked up much earlier if an Ombudsman had had the power to initiate their own inquiry. This is not an outlandish request, as the Canadian Armed Forces Ombudsman has long had the power to start thematic inquiries”.
The Equality and Human Rights Commission backs the idea, stating that it will
“support the Defence Committee’s view that the Bill should state expressly that the Ombudsman can undertake thematic reviews.”
Liberty also supports the amendment, as did Labour and Liberal Democrat peers during the Bill’s consideration in another place. The current complaints commissioner supports the principle, saying that there are benefits in the
“Ombudsmen using their broad view of the organisations that they oversee to do research and produce thematic reports so that lessons can be learned about the issues behind complaints within a particular area”.
The Government’s objections to the amendment, outlined by Lord Astor on Third Reading, seem to boil down to a concern that it could result in the ombudsman morphing into some kind of inspectorate or rapporteur for the armed forces, and that resources and time would be diverted from the ombudsman’s primary role. Affording the ombudsman the freedom to report to the Secretary of State on a matter of importance when the ombudsman considers it appropriate does not a revolution make. It is a common-sense, reasoned expansion of the powers with which the Ombudsman will be entrusted. The MOD’s fears that as a result of this minor power the ombudsman would become a vigilante investigator are simply unfounded, and stand in contrast to the amount of respect and responsibility with which the office has been entrusted in many other areas of the Bill.
Delay is the enemy. It is the root of the problems in the current system and it is a blight that needs to be eradicated. The amendments will help the ombudsman and the armed forces to build a better complaints system. Doing so will bolster confidence in the system and in the chain of command. It is hard to see why the Government, who are making so many pioneering reforms in the Bill, are unwilling to accept the Defence Committee’s major changes and recommendations.
The fight to establish a complaints system that is fit for purpose for our armed forces has been long and hard. We do not want to wait for a further crisis or tragedy before acting. To paraphrase Corporal Neathway, the Government and the chain of command have to be dragged kicking and screaming towards reform. The concerns of the heads of the armed forces are well known. The chain of command must remain pre-eminent and cannot be compromised, and their aversion to ceding too much control over the complaints process is obvious. However it is Parliament, the legislature, that manages and reforms the armed forces. It was Parliament that created the commissioner and is creating the ombudsman, and it is here in Parliament that those institutions should be held to account. The delays, the maladministration and the problems within the system must be resolved, and we must work together to ensure that the Bill does exactly that.
(10 years, 11 months ago)
Commons Chamber21. What research his Department has commissioned since 2010 on gender discrimination and sexual harassment in the military.
As an equal opportunities employer, the armed forces are committed to a working environment free from harassment and discrimination. Substantial progress has been made since the 2006 Equal Opportunities Commission report on sexual harassment in the military and, as I am sure the hon. Lady knows, the 2009 Watts Andrews report into equality and diversity in the Army was published last week. The UK has the first female two-star military officer, Air Vice-Marshal Elaine West. Since her appointment, a second female RAF two-star appointment has been made. The short answer to the hon. Lady’s question is no, but it is obviously a serious subject that we take seriously.
As the Minister will be aware, the numerous surveys that have been carried out among female members of the armed forces show that on a daily basis they experience sexual harassment and gender harassment. What steps will she take to ensure that we drive out this pernicious underestimation of the capability of female members of the armed forces and put in place the equality regime that our military should be operating to?
It is a serious subject, and certainly one that I take seriously. The armed forces continuous attitudes survey for this year indicated that 10% of personnel believe that they have been the subject of discrimination, harassment or bullying in a service environment in the past 12 months, which unfortunately is 2% higher than in 2012. It is a serious matter, and one that I will always be happy to discuss with the hon. Lady.
My Bridgend council recently added to its military covenant a recognition of the service of the nuclear test veterans and called for the development of a fund for those veterans and their descendants in times of need. The idea was put forward by Councillor David White, whose father died when he was four, as he had been at Christmas Island and was one of the nuclear test veterans. What steps will the Ministry of Defence take to give that additional support and recognition to nuclear test veterans?
This is a somewhat complicated subject, and certainly one of some controversy. I know that my hon. Friend the Member for Basildon and Billericay (Mr Baron) recently secured a debate on the subject. At the moment, the Government have no intention of setting up such a fund. We believe that the existing provision is there. Again, I am more than happy to have a discussion with the hon. Lady to explain what I think is the very good case that the Government make on the matter.
(11 years, 9 months ago)
Commons ChamberThat is a very good point. The overconsumption of alcohol, whether by a pregnant woman or not, greatly concerns the Government, and that is one reason we want to introduce a minimum unit price of 45p. It was a good point well made, and I am always happy to meet the hon. Gentleman to discuss the matter further.
7. What funding his Department has allocated to research into pre-senile dementia.