LGBT Veterans Independent Review

Baroness Smith of Newnham Excerpts

Tuesday 19th December 2023 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I start by thanking the Government for this welcome Statement on the outstanding review of the noble and learned Lord, Lord Etherton, with respect to this matter.

Between 1967 and 2000, the treatment of those Armed Forces personnel deemed to be LGBT was a total disgrace. They were discharged or dismissed while others felt that they had to resign. Their friends and families felt the trauma of these individuals’ pain. It was 33 years before the ban was lifted, following a change in legislation in 2000. Here we are, nearly 24 years later, with the outstanding review of the noble and learned Lord, Lord Etherton; although it cannot right the wrongs of the past, it means that we can do all we can to recognise these injustices fully, to put what we can right and to fight for a better future.

In doing so, I praise, as I have already, the noble and learned Lord, Lord Etherton, for his review, and the efforts and campaigning in this House of the noble Lord, Lord Lexden, who I am pleased to see in his place, and my noble friend Lord Cashman. However, why is it that these injustices, inflicted by the state and often covered up, not just in this instance, take so long to put right? Had it not been for brave individuals whom I have mentioned, plus the Royal British Legion, Help for Heroes, Fighting With Pride, and many others, these injustices would have remained unresolved for many more years with respect to our Armed Forces.

The Government have said that there will be continuing debate and discussion on this issue, so can the Minister guarantee that this will also be the case for your Lordships’ House? Will he make sure that such debates cover not only the Etherton review but the current situation with respect to LGBT+ personnel in today’s Armed Forces?

At the heart of the review were the testimonies of those who were victims of an overt, brutal, homophobic policy. The review had 49 recommendations, and I believe this to be the case, but can the Minister confirm in this House whether the Government intend to implement all these recommendations in full? If that is not the case, which ones are not to be implemented?

The Prime Minister has himself apologised, which is very welcome. We also welcome the handing back of medals, an Armed Forces veterans badge, and a proper memorial at the National Arboretum. We also welcome the opening of the registration of interests. Can the Minister say more about how the MoD is to make sure that everyone and every family are to be made aware of what is happening and what they have to do to register? Is there any closing date for such registrations to be made in terms of restorative measures or compensation?

The Government will know that, specifically, the Royal British Legion and others are concerned that an arbitrary cap on the total amount offered in compensation is unfair. Can the Minister explain to us why such a cap was introduced and how it will be calculated? How can a cap be set now, before people have come forward with their claims? What if it is found that claims actually exceed any cap? Personally, I think—as I am sure others do—that the Government will have to revisit this. Will all of the restoration of rights, including pensions, include the accrual rates that were lost when people were forced to leave?

I have a final point on the cap. There is a provision for £50 million from the 2024 MoD budget. I believe that is the actual cap, and I am aware that there was discussion with the noble and learned Lord, Lord Etherton. However, I believe that at the very least this will need to be kept under review. Can the Minister outline how the £50 million is to be distributed—to which groups and how might they make these claims?

As I say, the report from the noble and learned Lord, Lord Etherton, sets out the need to do as much as we can to address the wrongs of the past. But it also has to be a further watershed moment for our Armed Forces now. We know that discrimination on the basis of sexuality still exists, as does sexism and misogyny, despite recent progress. We owe it to all those who came forward to honour their service, and that of their comrades and families. It shames us all; it saddens us all. But, at the very least, let it be an inspiration to us all, to build that better, more inclusive Armed Forces and society that we all want and deserve.

[Baroness Smith of Newnham (LD)]

My Lords, when the report from the noble and learned Lord, Lord Etherton, was first published, we had the opportunity in your Lordships’ House to debate it at some length. The noble Lord, Lord Coaker, has already touched on some of the issues that were discussed then. For many of us who are not from a service background, the issues that went on in Her Majesty’s Armed Forces, as they were then, were absolutely shocking, just as they were for the people who served. It is noticeable that, in his Statement in the other place, Dr Andrew Murrison made the point that when he became a reservist, he was asked, “Are you gay?” As he said, even in 1980 that seemed out of place. And that was because it was out of place.

It is important that we look again at the report by the noble and learned Lord and remind ourselves of the injustices that were done, while at the same time paying tribute to the Government for taking on board almost all of the recommendations. I know that the noble Lord, Lord Coaker, asked, “Is it all of them?” My understanding is that one or two of them will be taken on in a slightly different way—but the acceptance of this report is hugely welcome.

There are some questions we might all need to understand in a little more detail. They are, in particular, how do those people who were affected by the ban know where to access the ways of getting restoration? In particular, if somebody was sacked, that is straight- forward, but if somebody felt the need to give up their commission early because they felt that their sexuality was putting them in extreme difficulties within the Armed Forces, what information will be available to them? How far will His Majesty’s Government be making clear to the wider service community and to veterans’ communities that people can come forward, and explaining how they can do so?

When we talked about the report when it was initially published, the issue was in part about next of kin and those who had service personnel who had died—perhaps who had committed suicide. Yesterday’s government Statement is very welcome in saying that it will be a little more open in terms of who counts as next of kin, recognising the very nature of relationships that might be important to those who are veterans, or who were veterans but are no longer alive. Again, how will those people be informed about ways of ensuring that their loved ones are able to have their service records reinstated? The commitment in itself is good, but we need to ensure that the reality works for both LGBT veterans and their next of kin, and also for those other people who were not actually LGBT service personnel but who, for some reason, were thought to be. This is another group of people who were victimised not because of their sexuality but because of their perceived sexuality—which, again, suggests that there is, or was, a real issue within the Armed Forces about inclusion and diversity.

Picking up on the point made by the noble Lord, Lord Coaker, about the fact that there are still issues around gender within His Majesty’s Armed Forces—are there other issues we should be picking up on and thinking about, to make sure that, going forward, whether it is about gender or sexuality, people are not victimised for who they are?

This report and the Government’s response are very welcome, but we need to ensure that the inclusivity is there for the service family of today as well.

[The Minister of State, Ministry of Defence (The Earl of Minto) (Con)]

My Lords, it is gratifying to see that everybody is on the same page in this. The treatment of LGBT serving personnel between 1967 and 2000 was wholly unacceptable, and I think everybody accepts that. But it does not reflect the situation today—far from it. Today, the MoD works hard to ensure that all our policies are inclusive in every respect. His Majesty’s Government, with the establishment of the report of the noble and learned Lord, Lord Etherton, and the acceptance of all 49 recommendations, have made a clear statement of that position. In fact, 24 of the 49 recommendations have already been implemented, including all 14 restorative measures. That is an indication of how seriously the Ministry of Defence takes the wrongs of the past.

The Government, and I am sure all of us here, are extremely grateful to the noble and learned Lord, Lord Etherton, and his team for their thoroughness and commitment in completing such an important report and paving the way to right such an historic wrong to such a deserving section of our Armed Forces. The Government are also deeply indebted to those veterans who shared their testimonies and are committed to ensuring that such bravery is the catalyst for all future change. There is no doubt, in reading the more recent policies put out by Ministers here and in the devolved nations, that there is a clear intent to ensure that this is absolutely seen through and that zero tolerance is absolutely zero tolerance. When it comes down it, there can be no flexibility on this. It is absolutely zero tolerance.

On the question that the noble Lord raised specifically, it has taken a long time to get to this point. That bears testament to the complications in some of the issues that the information-gatherers have faced. As a start, there is not an accurate set of records about why people left the Armed Forces. That is one of the reasons, which we will come on to. I do not know if anybody has had an opportunity to take a look at it, but the “LGBT veterans: support and next steps” webpage is extremely thorough and informative. It attempts to seek out exactly what the issues were, who was treated badly and how badly—different grades of dreadful behaviour. We will do all that we can to ensure that people engage with that website to get the information that allows us to move forward and start talking about the financial arrangement.

The recommendation for the financial award scheme has been completely accepted. We are working at pace with experts across government to develop an appropriate scheme. There have been other schemes like this elsewhere in the world. The Canadian scheme is a good model. The £50 million cap that came out from the Etherton report is to some extent based on the experience that the Canadian Government had in approaching this. It would seem to be, at this stage, an appropriate sum of money. It is a meaningful sum of money. I am afraid that nobody knows how many people have been involved in and affected by this, but as a statement of intent it is a proper sum of money that should go to deal with the issue.

Although we are at the early stages, the Government are working at pace. The question about the number of claimants and the likely size of the award will be gone into only after the front door to the website is open and people can apply. There is no intention of closing the door. It will remain open. The expectation is that we should start to see some payments from the financial award scheme towards the end of next year. I know that it has taken a long time, but at least progress is being made.

Perhaps I should say at this point that this is not compensation and does not exclude people applying for compensation. This is an award scheme to recognise the wrongs of the past. If individuals or groups of individuals want to go for compensation through our legal system, it is entirely open to them to do that.

The other question that the noble Lord raised was about pensions. I have read some misinformation about accrued pension rights being negated. That is absolutely not the case. Accrued pension rights are protected under law, but I am afraid that the “lost” pension rights, once people had left the forces, cannot be dealt with because people may have gone to other businesses and accrued other pensions in other directions. It is not something that we can get involved in.

The noble Baroness raised the extremely important question of next of kin. Again, the hope and expectation is that this will come out in the amount of people who apply through “LGBT veterans: support and next steps”. This should be an emerging picture. Hopefully, individuals and organisations will apply fairly quickly.

I think that I have answered all the specific questions raised so far. If I have not, I am sure that noble Lords will let me know.