Armed Forces (Flexible Working) Bill [HL]

Baroness Jolly Excerpts

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

[Baroness Jolly (LD)]

My Lords, we on these Benches welcome the aims of the Bill before us today. There is no doubt that there is a desire from service men and women for measures to be taken to enable them to balance the demands of serving our country with the realities of family life. As I mentioned in my response to the gracious Speech, the results of the regular Armed Forces continuous attitude survey were published a couple of months ago, painting a picture of low morale, both personal and in serving units, citing the impact on family and personal life as one of the key reasons for leaving the service. I commend the attempt in this very short Bill to provide an opportunity for flexible working for members of the Armed Forces. We hope that it will go some way to improving the circumstances of some individuals, encouraging them to remain in the Armed Forces and encouraging others to join in the first place. In particular, we hope that it will help in maintaining, and possibly even increasing, the number of women.

My speech will not be long. I have a few reflections, followed by quite a few questions, but I am happy for the Minister to write and place a letter in the Library, if that suits his convenience.

The flexible offer can show itself in either reducing the number of hours worked per week or in restricting a service to a particular geography. That could be to assist with caring responsibilities or to allow for ease of access for work to home; it could also be to enable professional development in part-time higher education opportunities. It is at the discretion of the commanding officer and chain of command. However, myriad other measures can be taken to enable members of the Armed Forces to be able to work in a more flexible manner. Could flexible working include working from home? I know of instances where this could happen, and indeed does already. These days, with mobile phones and laptops, what is to prevent this happening if the CO is content? Perhaps primary legislation would be required to apply this further. It may simply be that a change in culture, and some investment in technology, is needed to make such changes.

How will the Bill be rolled out across the Armed Forces, and how will members be aware of these opportunities? I believe that it needs to be dealt with carefully and sensitively, if it is not to have unintended consequences. What work has been done thus far to reduce unintended consequences? How do the Government estimate that they will ensure that no burden is placed on full-time serving personnel backfilling, and that operational capabilities are not affected, whether this be by excess or deficit in a unit? There is a 5.1% personnel deficit, with some units up to one-third under strength. It will need to be ensured that there is enough slack within units to allow this flexibility. Commanding officers might think twice. Can the Minister give some clarity to the specific meaning of the expression “manning crises”, which have the ability to terminate those flexible working arrangements? And what might be considered reasonable notice?

What work has been done to predict uptake in the three services and to ascertain the potential impact on the viability of an operating unit? How many would be anticipated each year? Is there a limit? Likewise, I am sure that the House would be interested to understand what the predicted financial impact would be. I note that issues such as pension and leave are accounted for in the Bill, but how is seniority affected? Clause 1(3) calls for the right conferred in the Bill to be,

“varied, suspended or terminated in prescribed circumstances”.

I can understand why that might be so, but where will the meaning of “prescribed” be found? Who will be the arbiter of the interpretation, and is there a right of appeal? How will these new provisions be advertised? Will one be able to join the service and opt straightaway for flexible working?

Finally, a concern has been raised with me of disquiet among full-time regular members of the services who might become disgruntled. Care will need to be taken that any loss of capacity is filled in order to remain effective and ready for action. As I said, we know that personnel numbers are below the target, so some clarity here would be welcome.

The Bill’s introduction is timely, but we should not forget that there is much to be done in this area that requires no legislation at all, just a will to make it happen. In Committee, I look forward to examining areas for development and improvement.