LGBT Veterans: Etherton Review

Ben Maguire Excerpts

Thursday 12th December 2024 Commons Chamber

[Ben Maguire (North Cornwall) (LD)]

Veterans who suffered from this abhorrent abuse, including a constituent of mine who is up in the Gallery today, suffered the most shocking experiences of brutal rape and assault, and bravely want their story to be told. Does the hon. Member agree that funds should be allocated among the victims on the basis of the severity of their cases, as a small recompense for the vast horrors that they have had to endure and, psychologically, continue to endure?

[Tom Rutland]

I agree with the hon. Member.

Referring to previous cases and the range of amounts awarded, the review states:

“An amount which falls below that range…risks prolonging a sense of injustice rather than achieving closure”.

I am glad that the Government are not taking that risk. I am also glad that Government recognise that some veterans impacted by the ban are seriously unwell. It is right that those individuals will be prioritised, and that money is being set aside to fund key charities to help LGBT veterans with their applications, which can be submitted from tomorrow.

However, this is not just about money but about pride in service. Given that many LGBT veterans had their ranks taken away and were dishonourably discharged, I wholeheartedly welcome today’s announcement that ranks will be restored and discharge reasons amended so that they reflect and honour the service of veterans who were impacted.

Finally, I want to add a personal comment. As a citizen of this great country, I know that the freedoms and opportunities I enjoy have been secured by the bravery and sacrifice of our armed forces, and as a gay man, I know that the rights that I can almost take for granted were hard fought for, and hard won, by those who went before me, who spoke up against injustice and campaigned for change—often at great personal cost, and often with the knowledge that they might never know, experience or benefit from the change and the future that they spent their lives working towards. Today gives us a chance to thank both those groups, and to recognise that they are not distinct but overlapping, because there have always been people like Chris, gay and serving their country. Chris served his country with pride at a time when his country was not proud to take him for who he was. Today, he can hear his Member of Parliament, and so many others, say, “We are proud, we are thankful, and we are sorry.”

--- Later in debate ---

[The Minister for Veterans and People (Al Carns)]

What a debate we have had today. We have heard some exceptionally harrowing and, indeed, inconceivable stories of events that have taken place in our lifetime. On that note, and on behalf of the Ministry of Defence, I wish to apologise to all those affected by the ban. The way in which the MOD mistreated LGBT personnel between 1967 and 2000 is a flaming injustice that has burned for more than five decades. It is an injustice that was acknowledged by Lord Etherton’s excellent report last year, and, as I said during our debate six weeks ago, it is an injustice that put the MOD on the wrong side of history. It is an injustice that the last Government worked to heal, with the support of Members in all parts of the House, and for that we thank them. When the scheme opens tomorrow at 09:00 hours and we finally begin the important process of offering financial recognition of the pain caused, we will turn a page and start a new chapter in defence history.

This Government have taken the decision to increase the amount that can be disbursed by the scheme by 50% more than the plans that we inherited. Not only will those dismissed or discharged from service receive a payment; those who were impacted more broadly by the ban will do so too. However, it is important to acknowledge at the outset that no amount of money can undo the hurt and pain caused, and no process can genuinely quantify the impact on earnings. This is a financial acknowledgment of wrongdoing and regret by the state, and while I know that it will not fully satisfy all, I hope that it will help to bring affirmation, and some closure, to those affected. The scheme will also address two more of Lord Etherton’s 49 recommendations—including rank restoration and rewriting those records—leaving just seven to be completed, which remains a major priority. I thank all Members on both sides of the House for their comments and the harrowing stories that they related, and I will now try to address some of their specific questions.

Let me say first to my hon. Friend the Member for Brighton Kemptown and Peacehaven (Chris Ward) that we are working exceptionally hard with Fighting With Pride and 10 other charities to ensure that we advertise this scheme as broadly as possible across the community. Indeed, this debate itself is one way to get that message out. We have 24 months of the recognition scheme, primarily because of the prerogative powers but also following the recommendations of Lord Etherton’s report. We have allocated £90,000 to help charities to assist the veterans with their applications, because we acknowledge that some of the processes may not be as simple as others. We are also asking for a reverse burden of proof on the access of the £25 million financial total. Predicting the number of cases that will come forward will be exceptionally difficult: experiences will differ, time served will differ, and therefore the amount of recognition will differ as well.

As we heard from the hon. Member for Dumfries and Galloway (John Cooper), facing the Treasury is perhaps much safer than facing the enemy. Nevertheless, I thank those in the Treasury, and the broader team in the Ministry of Defence, for working so hard—championed by the Secretary of State for Defence—to deliver the extra £25 million, a 58% increase on what we had previously. Speed of delivery is essential, and we have gone for both speed and breadth: the speed to deliver the scheme as fast as feasibly possible, and the breadth to ensure that compensation is delivered to all those affected by the ban, both dismissed and discharged. Those who may have been impacted by the ban, but not necessarily recorded—this was mentioned by the hon. Member for Aberdeen North (Kirsty Blackman)—will also be able to apply for these resources.

We appreciate the comments of the shadow Secretary of State, the hon. Member for South Suffolk (James Cartlidge), as well as his work prior to our coming into government. I hope that LGBT veterans now feel, more than ever before, part of the veterans family, thanks primarily to the restorative measures in Lord Etherton’s report, which have gone so far to delivering that. We have now implemented 42 of those 49 recommendations, and I think we will close them out by 2027. Responsibility for some of them does not sit with the Government, but we are working hard with the Office for Veterans’ Affairs and other Government Departments to close them out as quickly as possible.

I will cover two of the points raised by the hon. Member for Aberdeen North and my hon. Friend the Member for Brighton Kemptown and Peacehaven now, but will address others later. Overseas applicants can apply; the scheme is open to everyone. We will have a look at the geographical spread of charitable support. Although we do not have a huge amount of control over it, we will ensure that it is balanced and will work with the Office for Veterans’ Affairs to deliver it.

My hon. Friend the Member for Aldershot (Alex Baker) mentioned the important subject of HIV. I can confirm that we are on the case. Although there is no blanket ban on HIV-positive personnel flying in the armed forces, the Government are absolutely committed to ensuring that our policies that impact on people with HIV are regularly reviewed. I and the Minister for the Armed Forces in particular are closely considering HIV policies relating to aircrew, and we will get back to my hon. Friend in due course.

My hon. Friend the Member for Burnley (Oliver Ryan), and the hon. Members for Epsom and Ewell (Helen Maguire), for Aberdeen North and for Brighton Pavilion (Siân Berry) mentioned a concern about the cap. The financial recognition scheme is a response to a gross injustice—we acknowledge that. It was designed to be a tangible acknowledgment of wrongdoing and regret, and was never intended to compensate for loss of earnings, but I accept that there will always be people who feel, for good reason, that we have not gone far enough.

[Ben Maguire]

A North Cornwall constituent of mine was attending the debate from the Public Gallery but has had to leave because of the outrage that he feels. Does the Minister agree that greater financial compensation should be given to veterans such as my constituent, who suffered such enormous harm, including gang rape and severe physical assault that resulted in lifetime disabilities?

[Al Carns]

I thank the hon. Member for that question. We have tried to balance demands for individual circumstances to be fully recognised on a case-by-case basis with the demand for speedy resolution. We have arrived at amounts that reflect the practice of relevant employment tribunals, and payments made for harm and suffering in the service complaints process, which also align with similarly sized payments awarded by the scheme in Canada. Although Government schemes of this type will always cause debate—I acknowledge that— we have done our best to be fair and balanced, using figures based on relevant precedents and a process that will reflect individual circumstances within a framework designed to avoid delay and ensure fairness across that cohort. It is probably worthwhile to dig into that in a little more detail to provide the House with answers.

The LGBT dismissed or discharged payment for veterans who were dismissed or discharged based solely on their sexual orientation or gender identity under the ban will be a flat rate of £50,000. The LGBT impact payment is open to all those who experienced any pain and suffering directly related to the ban, including bullying and harassment, invasive investigation and, of course, imprisonment. Those who were dismissed and discharged can also apply for that payment. The LGBT impact payments will be assessed by an independent panel against three tariffs—£1,000 to £5,000, £5,000 to £10,000 and £10,000 to £20,000—up to a maximum of £20,000, to ensure that awards are proportionate to the level of impact.

We heard several questions, particularly from my hon. Friend the Member for Shrewsbury (Julia Buckley), about why the measures have taken so long. Today has been more than 50 years in the making. I totally agree that veterans have waited far too long for this recognition of historical injustice. However, since coming into government, we have moved exceptionally fast. This Government have a bias for action. We came into Government in July, listened to Fighting With Pride and the LGBT veterans, informed and updated the House and colleagues last month, and designed a broad and rapid payments scheme, and at 0900 tomorrow, that scheme will open and deliver.

We also had some questions about the impact of loss of earnings, particularly to do with pensions. It is worth noting that this is not a compensation scheme and has not been designed as such. With such a variety of experiences and personal circumstances within the affected community, and with limited evidence available, it is difficult to estimate how long each veteran would have served if not for the ban and what rank they might have reached.

Finally, on the question about Lord Etherton’s recommendations: two are for the Ministry of Defence to implement and five are for the national health service to address. My team is in touch with the Department of Health and Social Care as we move that forward.

As various Members mentioned, it is worth noting the broader non-financial restorative measures that are taking place. There are 719 applications already, which is fantastic. In practice, this means everything from apology letters sent directly to individuals from the chiefs of the Army, the Royal Navy and the Air Force, through to medals and berets, ensuring that these veterans feel included as part of the veterans community.

When I joined the Royal Marines in 1999, this abhorrent ban on homosexuality in the armed forces was still in place. Today, a quarter of a century later, we turn a page on that shameful chapter in our national story. The financial recognition scheme is an acknowledgment by the state that it was wrong. While I accept that many veterans will continue to feel that it does not go far enough, the scheme is another vindication of the harm and pain they have suffered, and vindication for all those who stood against the ban.

I urge everyone affected by these past failings to access the financial recognition scheme and other restorative measures by visiting the LGBT veterans support page on the gov.uk website. On this page, they will find a simple guide explaining how to apply for financial recognition payments, which includes details of the scheme, eligibility and the supporting documents required. There are simple screenshots of what to expect when applying, and the application form has been streamlined to make the process straightforward and user-friendly to ensure that veterans can apply with as much ease as possible.

I thank Lord Etherton for his outstanding work on this report. I also thank the LGBT community and the charities that supported it, particularly Fighting With Pride, for their courage and continued efforts to bring this to a resolution. They have engaged comprehensively throughout the programme, with both the MOD team and me.

I have an old saying from combat: “Courage is a decision, not a reaction.” Few have been so courageous as those watching this debate today. To stand up, to struggle to your feet when everyone is trying to push you down, and to shout when everyone is trying to silence you—that is an active decision, and perhaps the most courageous decision of all. They should stand proud from here on out.

The debate today and the speed at which we have worked—the fact that from tomorrow at 0900 the scheme will open—is a credit to all those who have worked on the team. It also reaffirms that this Government are a Government of action. Indeed, we have a bias for action, and the Defence Secretary and I will continue to drive this forward until every recommendation of Lord Etherton’s review is implemented to right the wrongs of the past.

To the individuals affected—Victoria, Craig, Danny, Claire, Andrew and Janice, to name but a few—we apologise. We hope that this will go some way through the healing process. In line with Claire Ashton and my hon. Friend the Member for Shrewsbury, we want to ensure that every veteran who has helped to keep Britain secure receives the respect and support they deserve.

Question put and agreed to.

Resolved,

That this House has considered Lord Etherton’s independent review into the treatment of LGBT veterans.