Armed Forces (Flexible Working) Bill [HL]

Baroness Burt of Solihull Excerpts

2nd reading (Hansard): House of Lords
Tuesday 11th July 2017 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, there is little not to like about this Bill. It extends to regular armed service men and women some of the rights which others in the services and in other walks of life currently enjoy.

It is not detailed and it is not prescriptive. It enables the Armed Forces to extend flexibility to their workforce as they see fit and in ways which they believe will work for them. I listened carefully to the noble and gallant Lord, Lord Walker, but control of who can and cannot be allowed flexibility remains firmly with the management of the forces. This workforce has hitherto been bound to working practices which are arguably no longer always needed in the modern world of warfare and peacekeeping in which we find ourselves.

I know that some noble Lords have a feeling of disquiet about the Bill. There is a sense that to be a committed member of the Armed Forces, to be prepared to put one’s life at risk for one’s country, to achieve the camaraderie and togetherness that are needed where one puts one’s trust and one’s life in the hands of others, nothing other than 100% full-time commitment will do. Personally, I think that this approach denigrates those who make the Armed Forces or any other walk of life their life’s work. It suggests that you cannot be 100% committed and have a full family life, too; that you cannot be 100% committed and be sensitive to other things going on in your life and the lives of those around you. This approach has taken its toll on the home life of our Armed Forces personnel. Why should anyone be forced to choose between one’s family and one’s career? It has taken a toll on their families. I understand that operational necessities may mean that one’s spouse, daddy or mummy may be stationed in inaccessible places for months on end.

We should not forget that one’s comrades can be one’s family too, but the main reason for this enabling legislation is, in my view, because of the toll that it is taking on the Armed Forces themselves, in the form of stress, which leads to poor decision-making and performance, and in the form of torn loyalties. Many people expect far more from relationships than they did 30, 40 or 50 years ago. Many fathers want to play a much larger part in their children’s lives; many mothers want to continue their careers after having a child, to use the skills for which they were trained; and the forces really need their skills. They need rounded individuals capable of making good decisions. They need diversity in their workforce, because lack of diversity leads to poor decision-making, and poor decision-making leads to loss of effectiveness and ultimately to loss of lives.

Our previous Prime Minister, David Cameron, understood this well. He set the Armed Forces the target that 15% of new recruits should be female by 2020 and they are making progress towards this target. However, the percentage of women in the Armed Forces is currently only 10.2%, so there is a way to go, and however well they do on recruitment, improvement will be limited if women keep disappearing just at the time when their skills and abilities are at their peak and they are needed most. So this enabling legislation is very welcome, but it will take more than legislation and subsequent changes in the rules regarding flexible working to have the desired effect: it will take a culture change, a change away from the attitudes I described at the beginning of my remarks, a kind of “TSB bank” change—a change that likes to say yes.

As the nature of warfare and the threats we face change, the variety of skills and abilities we need will change. Women will have these abilities, often just as suitably for the job as men will. The greater diversity of talent will give us greater ability to meet these threats and these opportunities. Like the noble Lord, Lord Touhig, I would like to know what plans exist to recruit more BAME, LGBT+ and disabled people.

I wish the Bill well, but even more, I wish the modernisers in the Armed Forces well in their quest to transform our armed services into a diverse and effective fighting—and caring—force, a force equipped with all the human resources it needs to respond to all the diverse challenges that it faces in keeping us safe, and keeping vulnerable, threatened peoples safe, in the changing and challenging world in which we find ourselves today.

Armed Forces (Flexible Working) Bill [HL]

Baroness Burt of Solihull Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 12th September 2017 Grand Committee

[Lord Ramsbotham (CB)]

My Lords, I regret that I was unable to attend Second Reading but I have since talked at length to the Chief of the General Staff about the implications of the Bill for the future Army. He introduced me to an interesting phrase that I had not been familiar with: portfolio career. He said that the Bill would enable people joining the Army in future to enjoy what he described as a portfolio career, thanks to the flexible working.

I am very glad that my noble and gallant friend has questioned the use of “part-time” because when you look at the medical cover for the Army, for example, 80% of it is reservist and that is not part-time in the true sense of the word; it is reservist and it is a mixture of the regular and the reservist. I am worried about the term part-time, as my noble and gallant friend is.

In talking to the Chief of the General Staff, I was also interested in knowing, when the Bill is enacted and flexible working is enabled, who is going to be in control? I was very pleased to have his reassurance that the Army Board was going to be in control of the Army part of it, and I suspect that exactly the same line will be taken by the other two services because it is extremely important, if there is this flexibility, for somebody to be in control, to make certain that the services are always available, as my noble and gallant friend said, 24/7/52 in order to carry out their essential duty on behalf of the country.

[Baroness Burt of Solihull (LD)]

My Lords, I will just comment on Amendment 5. The noble and gallant Lord, Lord Craig, challenged the use of the word “right” during the pre-meeting we had in July. The idea here is that we relinquish the principle of having a right in favour of a “working arrangement”.

Of course, we all understand that rights in this context can never be absolute. The Minister made that comment in his response to questions raised in the meeting. But the protections that are afforded to regulars will give rise to some legal rights, as the Minister has said. These regulations give enlisted regulars the right to apply for part-time working or geographically restricted service. Refusal of that request will give rise to a right of appeal. To my mind, the meaning of that is absolutely clear. I suggest to the Committee that this should not be fudged.

[Lord Craig of Radley]

If the noble Baroness reads carefully Section 329(3), “any right” is referred to and that refers to all those in Section 329(2). The amendment does not remove all rights. It relies on the existing “any right” in Section 329.

[Baroness Burt of Solihull]

I am grateful to the noble and gallant Lord for that clarification. However, I would still suggest to the Committee that substituting the principle of a right for that of a working relationship in any context in which it occurs in these new elements of the Bill would not be helpful at all. As I have said, it would fudge the issue. I urge the Minister to reject the amendment.

[The Lord Bishop of Portsmouth]

My Lords, I humbly confess—your Lordships may think that seemly for a priest—that despite the weighty contributions of noble and noble and gallant Lords, I am confused about the problem apparently being raised by describing those who serve in the Armed Forces as part-time.

Of course, part-time is a slippery term that seems to relate to the actual hours of delivery so that even those of us who claim to work full-time certainly do not. Working occupies only part of our day, whether we are in the Armed Forces or we are politicians, doctors, priests or whatever. So soldiers, sailors and air force personnel have a whole-time, sometimes decades-long commitment to the security of our nation regardless of the number of hours they are working and on duty in any week or month. In the same way, my local GP practice has more doctors who work part-time than full-time, but that is no measure of their skill and competence. Surely we are long past the point when part-time might suggest second rate. My surgery offers a whole-time service and capability through a blending of people working different patterns and hours.

My own clergy have a whole-life vocation. They may be called upon at any time but they minister in a variety of flexible patterns, including part-time. Part-time is well understood to be an accepted and honourable working pattern, including among those whose service and work is a vocation.

--- Later in debate ---

[Baroness Jolly]

My Lords, this amendment is intended to look at the impact of the measures in the Bill on recruitment and retention, including on technical specialists across the forces. The amendment provides that, within three years of the new flexible working arrangements coming into effect, the Secretary of State must lay a report before Parliament evaluating the impact of the arrangements on recruitment and retention in the Armed Forces. The report must include an assessment and comparison of the recruitment and retention of technical specialists in the three Armed Forces—the Royal Navy, the Army and the RAF—and those serving on a full-time and part-time basis. Our intention is that “technical specialists” in proposed subsection (5B)(a) should also include those working in areas where specialist training or qualifications are required and which are significantly understaffed at present.

We hope that the Government might look at including these factors in a wider report on recruitment and retention in the Armed Forces. The Armed Forces continuous attitude survey and families continuous attitude survey go some way towards this but do not dig deeply enough into why morale is low and people are leaving. The top reason for leaving cited in the Armed Forces continuous attitude survey is impact on family and personal life. That is a broad statement and it is difficult to see how the Armed Forces or the Government can take effective action to address the issue. It needs to be broken down into factors such as hours, time away, impact of frequent moves, problems with military accommodation, spousal employment and other covenant issues.

Another issue that needs to be looked at is the impact of welfare and community services on retention. “Patch life” provided by such things as SSAFA, with well-funded facilities, clubs and community services, is a large pro for members staying in the Armed Forces as a family. Anecdotally, concerns have been raised with us that the prospect of this life disappearing in the face of cuts and the FAM is turning into a reason for leaving rather than staying.

Amendment 15, in my name and that of my noble friend Lady Smith of Newnham, seeks to find out how those who are working part time or restricted to a particular geographical location will be recorded in the PID or JPA. These exist only if the military has assessed that it needs the posts to carry out a capability. Therefore, any significant disparity between the number of posts and the target number of personnel in the military is statistical evidence that the Government are asking it to do more than it has the personnel to do, even if fully manned. There will also be more posts than personnel to allow for flex. However, we get the sense that the disparity is currently more than it has been historically, and more than it should be. In the context of this amendment, it is critical that part-time workers do not count as a full person in a post to avoid the disguise of manning shortfalls. What is the current number of PIDs/JPAs in the military? Can the Minister provide this figure broken down into the three forces? He might not be able to do that now but we would appreciate the figures as and when. I beg to move.

[Baroness Burt of Solihull]

My Lords, Amendment 8 is in my name and that of my noble friend Lady Jolly. This may be an appropriate moment to apologise to the Committee, rather than to the House, for my misuse of terminology. I also apologise to the noble and gallant Lord, Lord Craig. I have not been here a long time and I find this issue a bit confusing. I ask for noble Lords’ patience.

This amendment provides that, three years after the new arrangements come in, the Secretary of State will lay annually thereafter a report before Parliament evaluating the impact of diversity within the Armed Forces. By “diversity” we mean all protected characteristics. Diversity is about not just gender and race. In fact, the Act covers age, disability, gender assignment, marriage, civil partnership, pregnancy, maternity, race, religion, belief and sexual orientation. Although we have to be pragmatic in what realistically can be set before the House in parliamentary reports, I am trying to get to the spirit of this issue. Unless and until the Armed Forces are truly diverse, they will not make the best decisions to achieve their optimal effectiveness. Until everyone feels included, we will not have the team cohesiveness that the forces so prize, and which is so important to operational functionality in times of danger and stress.

It is also important to report on these characteristics by rank. The Minister pointed out in his letter over the summer that as the services are “base-fed” organisations, some of the improvements will take time to feed through. That is all the more reason why we should measure this as time goes on because what you do not measure you cannot change. As I understand it, the Bill lacks any mechanism to track future progress or lack of it. Therefore, we hope that the Minister will be sympathetic to this amendment.

[Lord Touhig]

My Lords, Amendments 10 and 11 would introduce new clauses that cover the making of an annual report on the impact of part-time service and geographic restrictions, and on the Bill’s impact on recruitment and retention. These two amendments will enable the Government and Parliament to see what impact the Bill has on this very important question.

I am sure that I am not alone in believing that we need more post-legislative scrutiny. Time and again, Parliament—with the best of intentions—passes into law Acts that have unintended consequences and fail to meet their objectives. Greater post-legislative scrutiny will lead to better lawmaking. The same principle applies here. Having served for several years on the Public Accounts Committee in the other place, I strongly believe in doing “lessons learned”. Time and again I sat through evidence sessions with the most senior civil servants, who had been made to appear before the committee to explain some major policy failure discovered by the National Audit Office. Indeed, when I served as a Minister—I am sure things have changed—I found an almost institutional objection to doing “lessons learned” among some of my officials. Our Amendment 10 is an important step in ensuring that the operation of this measure is kept under constant review and its impact reported to Parliament. It is as simple as that.

The second new clause, outlined in Amendment 11, goes to the heart of what is one of the key questions for this Bill in the first place: the impact that service life is having on service men and women and their families. The SDSR 2015 committed the Government to ensure that,

“a career in the Armed Forces can be balanced better with family life”.

The noble Baroness, Lady Jolly, rightly pointed out that the 2017 Armed Forces continuous attitude survey, which lists the top five reasons why personnel leave the services, revealed that the number one reason was the impact of service life on family and personal life. We need to know whether this Bill has a positive impact on the quality of life of our Armed Forces, hence the need for this amendment.

--- Later in debate ---

[Baroness Smith of Newnham]

My Lords, I shall speak to Amendment 13 on accommodation. As the noble Lord, Lord Touhig, mentioned, this is an important issue. We have had some indications that those service men and women who avail themselves of flexible working will not be adversely affected, but there is already pressure on service accommodation, in particular a lack of single living accommodation. Moreover, we are looking at new accommodation through the future accommodation model. The question I have for the Minister is this: to what extent has planning been made to ensure that there will be sufficient accommodation for part-time service men and women? If the overall number of personnel remains unchanged, clearly the pressures will not change from what they are now. However, if there is a need for more personnel because some people are working part-time, has consideration been given to providing additional accommodation to ensure that those who work part-time will have the access to service accommodation that they have been promised?

If it is the case that there are more personnel in total because some people are working part-time, that would suggest the need for additional service accommodation. Not only would this not be a saving, there could potentially be a cost in this. Is the Ministry of Defence willing to consider additional accommodation being made available and meeting the costs that that might entail? If not, how does it envisage squaring the circle?

[Baroness Burt of Solihull]

My Lords, I wish to speak to Amendment 16 tabled in my name and that of my noble friend Lady Jolly. Before doing so, however, I want to make a comment about Amendment 9 tabled in the name of the noble Lord, Lord Touhig. It seeks to protect the full-time equivalent level of remuneration for regulars. As the noble Lord has pointed out, there are components to this such as universal payments, basic pay and the x-factor, which until recently I thought was something else entirely, but I shall not go into that. The idea is to protect against any reduction in pay being slipped in for individuals who will be affected by this Bill. But since we are not changing the classification of a regular, these components will not change, including the 14% which is the current x-factor payment. It will remain throughout the term of an individual’s employment. My view is that this should be a matter for concern and we would appreciate an assurance from the Minister that that indeed will be the case.

I turn to Amendment 16, which ensures that a person can be promoted regardless of whether they work part-time. We would welcome a reassurance from the Minister that the new arrangements will not affect someone’s career progression. The situation is complicated and not necessarily what people outside the Armed Forces might imagine. As I understand it, the current performance appraisal, postings and promotion system is not based primarily on competence. It relies heavily on direct comparisons being made with immediate peers in a unit. A tick-box system is used whereby someone has to have done certain jobs in order to get the next job. In that way, an individual can score enough to go before a promotion board. Under the current system, anyone working part-time will inevitably be penalised, particularly if they are on geographical restriction as one. They are unlikely to do all the posts they need to do to remain in the promotion thread, and they may not score as well in direct comparison with peers. If the Government accept the premise that promotion should not be affected by using the flexible employment scheme, does the Minister also accept that the appraisals-posting promotion structure really could do with a massive overhaul?

[Earl Attlee]

My Lords, I share some of the concerns of the noble Lord, Lord Touhig, and I hope that the Minister can reiterate the assurances he has given us in private that there would never be any encouragement of a serviceperson to seek part-time work in order to meet budgetary restrictions. If you have a branch and a headquarters, it would be quite easy to meet a cost-saving requirement just by having everybody take up part-time working. That would be an easy reassurance for my noble friend to give and I hope that he will do so. Can my noble friend also give an absolute reassurance that part-time working would not be used as part of the disciplinary machinery? In other words, if someone has fouled up, they are told that they will do six months of part-time service.

An interesting question for the Minister is this: when the pay of a serviceperson who has taken up part-time working is reduced, is it reduced on the basis of a seven-day week—a 365-day year—or on the basis of a five day week? Most people in camp normally work a five-day week unless they are on exercises or deployed. This is quite an interesting question because reservists are paid only for the days they do. The answer to my question about that will be rather more complicated than it first appears.

Amendment 16 concerns promotion and would ensure that part-time service in itself will not affect promotion. I hope that the Minister can give us a reassurance on that. The drafting of the amendment is a little bit problematic because it says “irrelevant”. It will be relevant, but it might be positive. For instance, the soldiers’ or officers’ joint appraisal report—the pen picture that describes how well or badly the serviceperson has done—might say, “Despite the fact that this soldier or this officer is working only four days a week, they have achieved all the objectives required”, or maybe even more than was expected. So you could acquire quite a good SJAR or OJAR despite the fact that you are working part-time. It is a rather complicated picture, but I hope that the Minister can give us some reassurances.