Armed Forces Bill Debate

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Department: Ministry of Defence

Armed Forces Bill

Bob Russell Excerpts
Monday 10th January 2011

(13 years, 4 months ago)

Commons Chamber
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Liam Fox Portrait Dr Fox
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The hon. Gentleman well knows that the Government are examining basing, and will report to Parliament in due course. I believe that it is not a matter for the Bill.

Clause 1 provides for renewal of the legislation, which would otherwise expire in November. It allows the legislation to be renewed each year through an Order in Council, which must be debated and approved by both Houses of Parliament. However, the clause also provides that renewal by Order in Council may be done for a maximum of only five years, after which the Act must once again be renewed by primary legislation. The effect is that the legislation governing the armed forces will expire no later than 2016, unless it is renewed before then by primary legislation. That rightly provides for parliamentary scrutiny. In effect, it is the mechanism whereby parliamentary control over our armed forces is exercised.

I wish to focus on four topics: the armed forces covenant; the independence of the service police forces; testing for drugs and alcohol, and the appointment of civilian prosecutors. I believe that they are likely to be the subjects of greatest interest to hon. Members during the Bill’s passage.

I should like to begin with the clause that refers to the armed forces covenant. Since coming to office, the coalition Government have confirmed their commitment to rebuilding the covenant, to do the right thing by the men and women who have joined our armed forces, today and in the past, together with their families.

Bob Russell Portrait Bob Russell (Colchester) (LD)
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I thank the Secretary of State for his recent visit to 16th Air Assault Brigade in Helmand province and for his generous words there and on his return.

The Secretary of State will know that I put a question to the Prime Minister only a few weeks ago about whether it was fair for war widows to pay tax on their war widows’ pensions. Will that requirement be removed as part of the covenant?

Liam Fox Portrait Dr Fox
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No, not as part of the Bill. However, while the Bill sets out the framework for the covenant, there are ample opportunities in Parliament to change any of the rules and regulations that relate to the armed forces in several ways, through the usual procedures available to the House.

As the House will know, my right hon. Friend the Prime Minister has spoken of the Government’s desire to enshrine the covenant in law. We have been considering the best way to do that. Our starting point is that the armed forces covenant is fundamentally a moral obligation on the Government, the nation and the armed forces. It is an agreement between the armed forces and the whole nation, not just the Government. It can never be defined by a host of rules and regulations, designed to tell everyone exactly what to do in every circumstance. Certainly, as I have just said to my hon. Friend, when rules need to be changed, we will do so. However, generally the people of this country know how service personnel should be treated, and our task is to create the right framework for that to happen.

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Jim Murphy Portrait Mr Jim Murphy (East Renfrewshire) (Lab)
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I join the Secretary of State in wishing you, Madam Deputy Speaker, Mr Speaker and the whole House a happy and healthy 2011.

I welcome the opportunity to speak in today’s debate on the Bill. The Armed Forces Act 2006 was a watershed for the military disciplinary system and I am glad to have the opportunity to renew and improve it through this Bill. Before I do so, I want to do what the Secretary of State rightly did and make a comment or two about Afghanistan.

As we gather after the new year recess, during which we enjoyed the company of and time with our families and loved ones, it is a time for us to remember how fortunate we are for the peaceful lives that we and, for the most part, our constituents lead and to reflect on the sacrifices that others make on our behalf to enable us to enjoy the opportunities that we do. Upwards of 10,000 men and women serving in Afghanistan did not spend Christmas with their families but, rather, stood up against an enemy that wishes to destroy all that we hold dear. The whole House will rightly thank them and send them our deepest and best wishes.

Tragically, for some families that absence is now permanent. Our thoughts are with the families and friends of those who have died in the service of our country over the Christmas and new year period: Private Joseva Vatubua of 5th Battalion the Royal Regiment of Scotland; Warrant Officer Charles Wood of 23 Pioneer Regiment the Royal Logistic Corps; Corporal Steven Dunn from 216 (Parachute) Signal Squadron, attached to 2nd Battalion the Parachute Regiment Battlegroup; and Private John Howard from 3rd Battalion the Parachute Regiment. Their patriotism, courage and dedication are unsurpassed. They will always be remembered by their friends and family and should never be forgotten by this House.

On Afghanistan, I want to say to this House, our forces and, importantly, our enemies that the Government will always have the support of the Opposition when they do the right thing to support our service personnel. We will continue to conduct debates on Afghanistan, in particular, in a spirit of comradeship, for that is in the national interest above all party interest.

The Armed Forces Bill is important and I am glad to have the opportunity to debate the issues that arise from it. The 2006 Act consolidated and modernised all the previous service discipline Acts and replaced them with a single system of service law that amounted to a complete overhaul of legislation on military law and service discipline. The Bill is, as the Secretary of State said, an important continuation of that Act that makes some modest but sensible changes.

The Bill’s contents concern the welfare, well-being and management of our service personnel. The previous Government had a strong record in that area, not just because of the introduction of the 2006 Act but because we ensured that forces’ pay increases were among the highest in the public sector, invested in accommodation and rehabilitation facilities and increased access to the NHS for dependants. The previous Government also published the service personnel Command Paper in 2008—the first cross-Government strategy on the welfare of armed forces personnel. That doubled compensation payments for the most serious injuries, doubled the welfare grant for the families of those on operations, gave better access to housing schemes and health care, offered free access to further education for service leavers with six years’ service and ensured more telephone and internet access for those deployed in Afghanistan.

Bob Russell Portrait Bob Russell
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I acknowledge that the previous Government did a tremendous amount for the armed forces, but does the right hon. Gentleman accept that even after 13 years of Labour Government there is still a long way to go to bring much of the married housing accommodation for our brave soldiers—and presumably for airmen and naval personnel, but I am talking about the Army—up to an acceptable living standard?

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Jim Murphy Portrait Mr Murphy
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I do not think Madam Deputy Speaker would welcome an attempt by me to provide the House with a definition of independence, but the fact that the three armed forces families federations are on the expert group gives it authority, independence, clarity and sincerity that, with the best will in the world, the most capable and sincere Minister cannot of himself provide. It is important that that work is continued.

My most serious concerns are about the proposals on armed forces pensions. The Government plan to link forces pension rises permanently to the consumer prices index, rather than to the retail prices index. That is a serious misjudgment and an indictment of the Government’s claim to want to strengthen the military covenant. We are in no doubt that in the current climate there is a need for restraint in public sector pay and pensions, but that year-on-year change will disproportionately affect members of the armed forces and their dependants, who rely on their pensions at earlier ages than almost anyone else.

The impact of the proposed changes will be devastating. A 27-year-old corporal who has lost both his legs in a bomb blast in Afghanistan will miss out on £500,000 in pension and benefit-related payments. War widows will also lose out enormously. The 34-year-old wife of a staff sergeant killed in Afghanistan would, over her lifetime, be almost £750,000 worse off.

There can be only two possible justifications for that policy. First, Ministers think it right to reduce year on year the support to forces personnel and their dependants, and support the policy presumably because they consider the current support to be unfairly generous. The Secretary of State did not support the policy on that basis today, nor I suspect will any Government Back Bencher.

The second possible reason for this heartless policy is deficit reduction, but that argument does not add up either. The impact of the measures will be felt long after the deficit has been paid down and the economy has returned to growth. I ask Ministers today to commit to rethink the policy or, in the absence of a full rethink, and if they believe that it is part of their deficit reduction plan, to consider a time-limited measure during the period of deficit reduction and spending restraint. That would be a fairer approach. There is no logical reason why the bravest British soldiers fighting in Afghanistan should see their pensions reduced for the rest of their lives, or why war widows, who have had the person most special to them taken away, deserve to have taken away from them the support on which they so depend.

When challenged on the issue in November, a Ministry of Defence spokesman said:

“It is not possible to treat the armed forces differently from other public servants.”

Bob Russell Portrait Bob Russell
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The shadow Secretary of State heard me put my question to the Secretary of State. Was the shadow Secretary of State aware that war widows paid income tax on their war widows’ pension?

Jim Murphy Portrait Mr Murphy
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I was aware of that, and the hon. Gentleman will continue to make his case on it to the Government, but, with respect, although my point today is about the same issue, it is a slightly different one. Those who say, as the MOD spokesman said in November, that it is not possible to treat armed forces personnel differently from other public servants show a woeful and deeply worrying lack of understanding and respect for the unique nature of military service.

Service personnel, as many of us know, can be required to work unlimited hours in excessively dangerous conditions with no prospect of overtime or a bonus; they can be imprisoned for failing to show up; living conditions can, understandably, be very tough; they are often separated from family and loved ones for many months at a time; they can be compelled to return even after they have retired; they forgo several political freedoms and contractual rights that others rightly enjoy; and, as we know, they are at risk of being killed or horribly maimed as a direct result and an unavoidable consequence of their service. Often their pension is the only serious, tangible financial compensation available to them, and no Government should ever claim that it is not possible to distinguish in favour of our armed forces.

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Elfyn Llwyd Portrait Mr Llwyd
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Yes, quite right. We all welcome the good work of the Royal British Legion.

The Bill is important for many reasons. I am pleased that the need to bolster the military covenant is recognised. For some years, I have campaigned for widespread recognition of the welfare needs of veterans of the armed forces. The Bill makes integral amendments to the way in which our armed forces function, especially in disciplinary matters. I will focus on veterans’ welfare, which is principally the concern of clause 2, and outline some suggestions on how that clause can be improved. If I have time, I shall speak briefly about clauses 9 to 11, which concentrate on preliminary testing for alcohol and drugs in the forces.

The Bill marks a significant breakthrough in the championing of veterans’ rights. For several years, I have worked to raise awareness in this place and beyond of the ordeal suffered by many vulnerable members of the armed forces after they are discharged. I published a paper in January 2010 that recommended increasing the support available to veterans of the armed forces. I currently have the privilege of sitting on an inquiry panel commissioned by the Howard League for Penal Reform, which aims to uncover why a high percentage of veterans enter the penal system. The inquiry is chaired by Sir John Nutting QC, and will make recommendations to Government later this year on how to prevent further offending and to make improvements. I chair a parliamentary group that comprises representatives of the justice trade unions, relevant third sector organisations, parliamentarians and concerned individuals, which looks into the problem of veterans in prison. That group will publish a list of recommendations on tackling this mounting problem in the first quarter of this year. I will give voice to a number of its recommendations this evening.

The reasons why veterans are over-represented in the criminal justice system are complex, but the root cause is often the social estrangement that is experienced by susceptible veterans when they lose the ready-made support network of their Army colleagues. Clause 2 unlocks the opportunity to discuss how we can improve the way in which public services are administered to veterans. As I shall argue, improving and streamlining the way in which such services are offered to veterans could drastically reduce the number who fall into difficulties later in life.

As is clear, work is being done to promote this issue. The fact that we are discussing a Bill on the Floor of the House that touches on this concern confirms the traction that it has gained over the past 12 or 18 months. I was gladdened to see that the matter had gripped the political mindset enough to become a major manifesto issue for all parties at the last general election. Although forces charities such as Help for Heroes have generated massive public support, the ordeal faced by some veterans was not widely acknowledged until relatively recently. That ordeal deserves our attention.

It is perhaps easy for us to disregard how difficult the transition must be from life in a combat zone to civvy street. Although the training received by personnel during military service allows the majority to readjust to life after discharge, a growing but unspecified number drop out of the welfare system altogether, and become homeless, disfranchised from mainstream services and socially isolated. Education, further training and employment are difficult to access, and such opportunities are not automatically advertised to personnel on leaving the forces.

Veterans are over-represented in NHS emergency waiting rooms and in road traffic accidents. I do not know whether hon. Members are aware that veterans who have returned recently from a theatre of conflict are 50% more likely to be killed in a road traffic accident than ordinary members of the public. That point bolsters the need for a careful examination of this matter.

As a result of what can be an acute social rupture, an alarming number of such young men and women fall foul of the criminal justice system. That is often prompted by substance misuse and mental health problems. I was first alerted to this problem when I appeared as a barrister in the Crown courts of north Wales, Cheshire and beyond. In the space of about a fortnight, I saw a huge number of young people newly returned from Afghanistan who had committed very serious offences, for which there was no reasonable explanation. That made me think that something was wrong in the system, because those people were as rational as any of us, but my God, the things that they had been through recently would have rocked any of us.

On 5 March 2008, I tabled a written question to the then Minister of State at the Ministry of Justice, asking what percentage of the inmates in prison in England and Wales had served in either of the Gulf conflicts. I was informed that such information was “not collected centrally”. I have since found out that at no point is it compulsory to ask someone who is accused of a crime whether they have a service history. That practice must surely be rectified, and some police forces are collecting that information.

Bob Russell Portrait Bob Russell
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With the hon. Gentleman’s legal experience, is he really asking that one question be added when somebody is charged and the charge form is filled out?

Elfyn Llwyd Portrait Mr Llwyd
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Yes, I am. I know that the hon. Gentleman is very concerned about this matter. Kent police, Cheshire police, North Wales police and several other police forces have started to do that over the past 12 months, simply to scope the size of the problem and, hopefully, to come up with reasonable answers.

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Andrew Murrison Portrait Dr Murrison
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My hon. Friend is, of course, absolutely right, and I think the Government have recognised that need. One of my report’s recommendations was that we should be more proactive in addressing our veteran population, and I am pleased that it has been accepted. Ministers recognise that we need to do more for veterans.

Having just been nice to my Front-Bench colleagues, perhaps I might say that I disagree with them in one respect. Clause 2 is entitled “Armed forces covenant report” and I take exception to the term “armed forces” in that context. May I gently suggest to my right hon. and hon. Friends that it would be more appropriate simply to use the term “military covenant”? I say that because I think that term has had a certain amount of purchase. It is now understood by the general public. It is in the public domain, and the media understand it, and I think they would be somewhat confused if we were now to make this rather semantic change of using the term “armed forces” instead. To argue against myself, the word “military” excludes naval of course, but I think that in the public’s mind “military” refers to the entirety of our armed forces. I do not want the value of the concept of the military covenant to be degraded in any way by a confusion over this title. That point might, perhaps, be considered in Committee, of which I hope very much my hon. Friend the Member for Milton Keynes North (Mark Lancaster) is successful in becoming a member—I wish him the best of luck in his endeavours in that respect. As he says, it will be fascinating to serve on the Committee, and I hope to talk a little more about that shortly.

Bob Russell Portrait Bob Russell
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May I help my hon. Friend by pointing out that the Royal British Legion, which, of course, encompasses all the armed forces, refers to this concept as the military covenant, so it is on his side?

Andrew Murrison Portrait Dr Murrison
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I am very pleased. I am a member of the Warminster branch of the Royal British Legion and I rarely disagree with it. It has done a great job in its honour the covenant campaign. I am very pleased that it agrees with me, and I have no doubt that it will make representations to that effect.

The Government have been spot-on in the way they have approached the covenant in this Bill. I have given a great deal of thought to what we should be doing in respect of the military covenant. As my hon. Friend the Minister knows, we considered the matter at great length when in opposition, and the debate was always about the form in which it would find its way into legislation.

At one end of the spectrum, we could be fairly didactic in what we mean by the military covenant. We could make it a bean-feast for lawyers, but that is completely against the spirit of the military covenant. It derives from Harry Levinson’s work in the 1950s and ’60s, in which he identified something called a psychological contract: a contract that was moral and that was understood, but that was not actually laid down in any form of written covenant, promise or undertaking. It is absolutely right that we should do nothing that would destroy the military covenant as part of that type of covenant. A couple of Members have mentioned the fact that this is not simply a deal between Government and officials and the rank-and-file. It also involves the general public. If we were to start putting it in a didactic contractual form, that would degrade that particular element of the deal that we understand by the term “the military covenant”.

That seems to be the view of most commentators. At the Royal United Services Institute in June 2008, Christianne Tipping said:

“This debate must continue but it must not attempt to specify that which is incapable of specification—the psychological contract is more powerful than the legal one.”

I agree. It could be said that the military covenant is at the extreme end of the psychological contract spectrum, but it is, nevertheless, part of that deal, and it is important that we treat is as such.

I welcome the annual report. The shadow Secretary of State was a little parsimonious in his praise for it. It will certainly maintain the profile of this issue. The devil is in the detail of course, in that the nature of the annual report is crucial—what it contains, how it is presented, and how it is debated. It is important that we know what the items in the report will be. We know what some of them will be, but this issue goes much further than that, of course. We must also address issues such as kit, the way we deal with the bereaved, and coroners courts. As has been mentioned, they have caused a great deal of grief over the past few years, and it would be extraordinary if they were not dealt with as part of this annual report.

It is also important that we listen to the views of third parties. They will undoubtedly comment on this, and they are also very important in the implementation of the military covenant. Government must not do that alone. If they were to do so, they would completely ignore the general public and the voluntary sector, which are another element that must be party to the military covenant. It would therefore be interesting to know what involvement from third-sector partners is envisaged in this annual report.

It is also important that the report is dovetailed with any other relevant reports there might be, such as from the service complaints commissioner, the continuous attitude survey or the external reference group. We need to know, as well, the extent to which personal functional standards subsequent to the armed forces overarching personnel strategy have been satisfied, and we need to incorporate the views of the Armed Forces Pay Review Body.

Andrew Murrison Portrait Dr Murrison
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I believe the Secretary of State does so in any case, but that is, of course, a matter for the Chairman of the Defence Committee, and I am sure that my right hon. Friend the Chairman will be only too delighted to oblige.

It is important that we thrash out what we mean by the covenant and the deal we are prepared to strike in recognition of it. On the one hand, it might be a “no-disadvantage” covenant, by which I mean that people will not be disadvantaged by their military service. On the other hand, might it mean a “citizen-plus” covenant, in that people will get a bit extra in recognition of the fact that they are serving or have served, or are related to someone who is serving or has served, in the armed forces? It is important that we do that.

We could envisage the “no-disadvantage” covenant as being what we might aspire to at the moment, and the “citizen-plus” covenant as being the sort of model that applies in the United States. Certainly, the “no-disadvantage” covenant appears to be what people have in mind in things such as the service Command Paper. The term is used in that publication and also by Professor Hew Strachan in his recent report on the military covenant. Furthermore, of course, that covenant is a great deal more attainable, and we can take a closer view of what it actually means, if we use the benchmark of not disadvantaging people by virtue of their service. A “citizen-plus” covenant, however, is more difficult and invites calls of “Me too!”, in particular from other public servants who say that these days they are just as much on the front line. We could argue that point.

It is important that the annual report contains an outcome measure. We need to know what we are looking at in order to make an assessment of whether the Government have done what they should be doing in honouring the military covenant. What do success and failure look like? It is important that the document is subject to rigorous independent scrutiny, not least by the Defence Committee. The report will be subject to the media spotlight and the analysis of third parties, so it needs to be a comprehensive and detailed document, unless it is simply to become, in the fullness of time and potentially under another Administration, simply a tick-box exercise.

Over Christmas last year, my right hon. and hon. Friends were exercised by the air bridge between the UK and theatre. Perhaps that is a demonstration of a facet of the military covenant that could be covered in the annual report. I find to my great horror that similar problems arose this Christmas. It was a high-profile incident because it involved Katherine Jenkins and James Blunt and their failure to go to theatre to entertain the troops. Will the annual report cover theatre-specific elements of the disgruntlement of our armed forces? The Minister knows full well—we talked about this a great deal in opposition—that paramount in that list of disgruntlement tends to be things such as the air bridge and rest and recuperation.

Organisations such as the British Limbless Ex Service Men’s Association point out that people owe their allegiance to the nation, not to localities by and large, and that the covenant is a country covenant, not a county covenant. It is important, when considering elements of Professor Strachan’s report, which is excellent in almost all respects—particularly his important point about the community covenant—that we recognise that people owe their allegiance nationally and expect the covenant to be honoured nationally as well. It would be a pity if we entered into some sort of postcode lottery in how we regard our duties to the men and women of our armed forces. I represent a constituency in a military part of the country, and as a community we are fully apprised of our duties towards the men and women of our armed forces. Some parts of the country, however—perhaps because men and women of our armed forces are less prominent there—are less inclined that way, so it is important, given that this is a national covenant, that we view this nationally, not parochially.

It is also important to recognise that the covenant cuts both ways. It is a duty that the country and the Government owe to the military, but in turn the military owes a duty to the public and the Government, and it is important to assess—in my view, as part of this annual report—whether that duty is being satisfied in all respects. Everyone in this place admires our armed forces greatly—many of us have served in them—and I am second to nobody in my admiration for the men and women who serve this country so gallantly. However, there will be detractors and those who say, “It is all very well talking up the military covenant, but we also need to understand that the public have expectations of the men and women of our armed forces.” It is important to include in the report, therefore, if only to gainsay it, that we have to look at areas where the public have been let down, as well as at areas in which we have let down our armed forces. I put that down as a point for consideration in Committee.

I turn to later clauses of the Bill that broadly speaking provide for the discipline elements. Clause 6 deals with the performance of the Ministry of Defence police. I have always had cordial relations with the MOD police, who work closely with their county colleagues, but, in a similar manner to the comments by my hon. Friend the Member for Milton Keynes North, one would have to ask all the time why we have a separate MOD police force. If we are going to consider in Committee the service police—our Front-Bench team made a generous offer to do so—perhaps we might also look at policing in the round within the MOD, which of course would include the MOD police. It is important that police forces benchmark their performance. The MOD police force is a particular force with a different profile; what it does is subtly different, and its arrest and conviction profiles are very different from those of county forces, and we have to ask all the time, particularly in an age when we are looking for efficiency savings, whether the current model is the correct one. I make no judgment on that, but it might be something that the Committee should look at and take a view on.

Clause 5 deals with the appointment of provost marshals and asserts that only provost officers should be provost marshals, which struck me as slightly odd. At a time when we are looking for ways of making heads of police forces lay people, it seems a little odd—it sits uncomfortably with it—to insist in the Bill that in all circumstances provost marshals should be provost officers.

I am always a little wary when it comes to extending anybody’s powers—in this context, the powers of service police—unless I am faced with a good reason. That must be our starting premise. However, I do not have a good reason for why we need to extend the powers of service police. Although I am perfectly willing to take Ministers’ words for it that it is necessary, we will have to tease out in Committee why we need to extend the powers in the way described.

Clauses 9 to 11 and compulsory testing have been discussed at length by the hon. Member for Dwyfor Meirionnydd and in an authoritative fashion that I cannot match. However, I start to get concerned about compulsory testing, particularly when it involves health care professionals. This is an ethical minefield and something that no doubt will need to be explored in Committee.

Bob Russell Portrait Bob Russell
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When the Armed Forces Bill Committee considered this point three or four years ago, we were advised—if my memory is correct—that the equivalent of two infantry battalions are discharged each year for testing positive. Under those circumstances, does the hon. Gentleman accept that the checking is an important requirement?

Andrew Murrison Portrait Dr Murrison
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I think that the hon. Gentleman misunderstands me. If I develop my point, perhaps I can answer his concerns.

We have compulsory drug testing at the moment, and it has been found to be broadly successful. My concern is about further testing at the say-so of the command and because it suspects that there might be a safety-critical issue. If instances can be cited in which safety criticality might have been affected by compulsory drug testing, we have a good case for doing this, but that case has to be made before we extend those powers. I would make a small suggestion: if we are to take those powers, perhaps we might like to consider them after 12 months, using a sunset clause, to ensure that they are still necessary. If they are not, we could consider removing them.

It is not clear to me what the position of registered medical and nursing practitioners will be in all this. They operate within a disciplined service, and the rules can be quite challenging. However, looking at the Bill, I would say that were I in that position, I would be phoning up my defence society to ensure that I was not transgressing before co-operating with such a provision. I see that there is a get-out clause for medical practitioners. It all looks a bit woolly to me, but I suspect that it will be firmed up as the Bill proceeds.

The Bill will further separate service police from the command, yet service police remain servicemen and remain within that command structure; indeed, they can exercise command appropriate to their rank. I am a little concerned about these people, because they are potentially remarkably powerful individuals. We need to bear that in mind when considering this matter. Part of the military covenant is about ensuring that we do the best by the men and women who serve this country; they should not be disadvantaged. On the remarks made by the hon. Member for Dwyfor Meirionnydd, it is important that we have a system that does not impose a greater legal restriction on that population than on the general public. If our system did impose that, we would not be honouring our commitment under the military covenant, because service personnel would most certainly be disadvantaged.

I am concerned that there has been insufficient reflection on the possibility of combining our three sets of service police. As my hon. Friend the Member for Milton Keynes North said, there is potential mileage in combining the three. I sat through our consideration of a lot of the supplementary legislation to the Armed Forces Act 2006 and enjoyed it very much. However, it was clear to me that the systems of law were coming much closer together; indeed, one cannot get a cigarette paper between the three of them any more. Given those circumstances, the environment has changed and the case for combining those services into a tri-service provost service makes some sense.

I conclude by welcoming the Bill, which is a culmination of a huge amount of work. It sets the right balance between a covenant that is unspoken, moral and psychological, and addressing the more obvious needs of the men and women who serve our armed forces very well. I shall certainly be supporting the Bill.

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Bob Russell Portrait Bob Russell
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I wonder whether I might help the hon. Gentleman by being devil’s advocate and pointing out that it was the previous Conservative Government who privatised the Ministry of Defence housing through Annington Homes. That is the root cause and this Government need to do more to put right what the last Labour Government failed to do.

Thomas Docherty Portrait Thomas Docherty
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I am grateful to the hon. Gentleman who, as ever, shows his fancy footwork, blaming both his Government and the previous Conservative Government. I must agree that his Government are not doing enough to support housing.

Opposition Members are deeply concerned that although the Ministry of Defence is happy to place new onuses on local authorities and the NHS, the one group of people that should not have statutory responsibilities according to the MOD is, funnily enough, the MOD. By that rather large omission, clause 2, which covers the charter, is in effect toothless. The organisation that, more than any other, has responsibility for the welfare of our service personnel, their families and our veterans is, of course, the MOD. When he replies to the debate later this evening, I hope that the Under-Secretary of State for Defence, the right hon. Member for South Leicestershire (Mr Robathan) will assure Labour Members that the MOD will re-examine that glaring omission.

The hon. Member for Corby (Ms Bagshawe) and others often accuse Labour Members of not coming up with funding solutions to meet such commitments. I will indulge her by providing a simple example of where we can find more than £100 million, which could be put into accommodation for service personnel. According to the MOD, we spend—before she jumps to her feet, I accept that the previous Government did not do enough to tackle this issue—£110 million on private school fees for the children of service personnel. Almost half that money—some 40%—goes to officers in the top ranks of lieutenant-colonel and above, who are effectively the top brass, while only 10% goes to the ranks of staff sergeant and below. It is, in effect, a subsidy for public schools.

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Bob Russell Portrait Bob Russell (Colchester) (LD)
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At the outset, let me place on record my admiration for and appreciation of soldiers from the 16 Air Assault Brigade, approximately 3,000 of whom from the Colchester garrison are currently deployed in southern Afghanistan. I thank the Secretary of State and the shadow Secretary of State for their opening words and I also thank the Secretary of State for his recent visit to Camp Bastion and his generous words of support there. I pay tribute to the families back in Colchester and around the country and to the rear party who do important work but are seldom mentioned. So, I thank the rear party and the men and women of our armed forces, including of 16 Air Assault Brigade, and I mention especially the regimental band of the Parachute Regiment who spent Christmas and the new year in southern Afghanistan.

The previous Government can be congratulated on many good things that they did, most notably for veterans, partly by giving them a profile that did not exist before. The introduction of Veterans day and the veterans badge have been well received right across the United Kingdom. We have already accepted the principle of the veterans badge, but there is one additional thing that I ask the coalition Government to take forward: the award of an armed forces medal. Not everybody who joins Her Majesty’s armed forces is deployed to a theatre where a medal will be awarded, and we should recognise that there are important members of Her Majesty’s armed forces who do not necessarily get a combat medal.

Bob Stewart Portrait Bob Stewart
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But that is the whole point of the medals: they are awarded for service in an operational theatre. We do not want to make this about having a Mickey Mouse parade on one’s chest. The reason why a medal is awarded is that someone has served a set time in an operational theatre. Let us not make us glorified toy soldiers.

Bob Russell Portrait Bob Russell
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Putting aside the hon. Gentleman’s closing sentence, I am aware of the counter-argument, but there is a strong argument the other way, too. We respect all who serve in Her Majesty’s armed forces; that is what the veterans badge is about, but it is not quite the same. I do not qualify either way; I merely make the point on behalf of those who have raised the matter.

Looking around the Chamber, I think that I am the only Member present who served on the last Armed Forces Bill Committee, and I was present when that Bill was debated on the Floor of the House, too. It has served the country well, and it is right that we should now revise it. As to whether I will be on the new Bill Committee, we will have to wait and see.

Several hon. Members have mentioned the quality of housing for families, but the issue of single persons’ accommodation has not been raised. Colchester is blessed with the most modern barracks in the country, Merville barracks. I disagree fundamentally with the way in which the last Government used a private finance initiative to fund those barracks, because over time it will be far more expensive than using traditional methods of funding public assets. However, the barracks are the benchmark for all our military accommodation for single people.

There are many ways in which family accommodation around the country leaves a lot to be desired. I hope that the coalition Government, notwithstanding the financial legacy that the Labour Government bequeathed us, will realise that if we want the best from the best armed forces in the world, we have to provide them with accommodation, and particularly family accommodation, that is fit for purpose.

I ask the Minister to define what is meant by “education” in the Bill. Is it education of the serving man or woman, education of the children of military personnel, or education in the round? I genuinely do not know the answer. In the previous Parliament, the Defence Committee reported on service children’s education. The Armed Forces Bill Committee, when constituted, may want to look back and see what that report said, because the issue is not just the education of our serving military, though that is obviously important—increasingly important, sad to say—but the education of their children.

I mentioned war widows and the fact that they have to pay tax on their pension. I understand from one of the young war widows in my constituency that it is not described as a war widow’s pension. When she has need to mention the pension, the documents do not say that she is a war widow. That, to her, is very important, because her husband lost his life in Afghanistan nearly three years ago. I cannot remember what the description is, but it is not “a war widow’s pension.” It may be just a small tweaking of words that is needed, but it is important.

I pay tribute to the reservists, whom Members have mentioned. We need to see whether we can somehow inject that issue into the Armed Forces Bill. As has been said, reservists are increasingly an important, integral part of service. When I went to Iraq as a member of the previous Armed Forces Bill Committee, we certainly saw a lot of reservists, and I have also seen them in my visits to Afghanistan. They have a very important part to play.

Mention has been made of the cadets. Last year was the 150th anniversary of the Army cadets. Reference has been made to the fact that sea cadets are not funded on the same basis as the Army and air cadets. Perhaps we can look at that in Committee.

Just as a throwaway line, on the overseas territories and the Commonwealth—I asked a parliamentary question on this—please understand that nearly 10% of the British Army is not from the United Kingdom. The Commonwealth obviously accounts for most of that figure, but other nations around the world have citizens serving in Her Majesty’s armed forces.

Simon Hart Portrait Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
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I endorse the hon. Gentleman’s commendation of reservists, as an ex-reservist myself. Does he have a view about the people who enable reservists to take part in all the activity that we now require them to take part in? When I was a member of the Territorial Army, the most dangerous place we ever went was Warminster, but things are now very different, and I suggest that when we commend soldiers, we should also commend those people, often from quite small businesses, who enable them to undertake their duty on our behalf.

Bob Russell Portrait Bob Russell
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My hon. Friend makes an extremely important point. Frequently, without the understanding and support of the employer as regards training and deployment, that could not happen. He is right to draw my attention and that of the House to that point, and I am more than happy to put on record our appreciation of the employers who enable that to happen.

The Bill refers to the Ministry of Defence police. At the commencement of the last Labour Government, there were approximately 30 members of Ministry of Defence police serving on the Colchester garrison lands and properties; there are now three. I have been to see Ministers about that, and have raised the issue in debates time and again, but unfortunately, the Ministry of Defence in Whitehall decided that Colchester garrison now needs only three Ministry of Defence police officers where, 13 years ago, there were 30. That has had a serious impact, and I have flagged this up in the past in Committee, as the officials who were present, and Hansard, will confirm.

Ministry of Defence housing stock was reduced, and houses were sold off and became part of housing for the civilian population. It is a fact that Army family housing has a military, self-imposed discipline, which is sadly not reflected in civilian housing. In Colchester, the former Army housing estates increasingly house private citizens, if I may use that term, who, like any other civilians, have late-night parties and a social life that is not the same as the self-imposed discipline of military families. Over the past two or three years, I have picked up complaints from Army families who say that their lifestyle is being impacted on by the civilian population. If the Ministry of Defence police were there, that would help. They should have been replaced by the Essex constabulary, but with the best will in the world, the Essex constabulary do not have 27 spare police officers to replace the 27 MOD police officers. There has therefore been a huge reduction in policing, and I hope that we can discuss that issue in great detail in Committee.

Russell Brown Portrait Mr Russell Brown (Dumfries and Galloway) (Lab)
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Can the hon. Gentleman clarify the cost of an MOD officer compared to the cost of an Essex police officer?

Bob Russell Portrait Bob Russell
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That is a good question. I do not know the answer, but it is the sort of detail that we should discuss in Committee.

I am talking about a huge reduction in security for the Army families, which is not good. Fortunately, we are living in more peaceful times in the United Kingdom. At the time of the IRA troubles, like any other military town we needed all the security that was going.

Thomas Docherty Portrait Thomas Docherty
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My understanding is that like the Civil Nuclear Constabulary, the terms of operation and the rights of the MOD police are much more limited than those of the civilian police forces. Is that correct?

Bob Russell Portrait Bob Russell
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No, that is incorrect. A Ministry of Defence police officer has marginally more powers than an ordinary police officer because he is a police officer plus. He has the military addition. We must not get confused with the red caps. In Colchester we now have a combined police station, with the Royal Military Police—the red caps—the Ministry of Defence police and the Essex constabulary all working out of one police station. MOD police officers—as Private Eye calls them, MOD Plod—are police officers plus, because they are also part of the garrison Army family.

Until the last general election, I was one of three parliamentary advisers to the Royal British Legion. As the Labour and Conservative Members who advised it stood down at the election, it decided to end that arrangement. It now has other ways of bringing matters before Parliament. I mention that because reference has been made to the military covenant. Early-day motion 1 in November 2007 was tabled by myself and was eventually signed by 203 Members throughout the House, 17 of whom are now Ministers—four are in the Cabinet, and three are Defence Ministers, including the Under-Secretary of State for Defence, the hon. Member for Mid Worcestershire (Peter Luff), who is on the Treasury Bench. You, Mr Deputy Speaker, also signed it, along with Mr Speaker, who was not the Speaker then.

Alongside the Royal British Legion, which does valiant work, we have the Army Benevolent Fund, or ABF The Soldiers Charity, as it likes to be called; Veterans Aid, one of the smaller specialist charities, if I may use that term, which does fantastic work for former military personnel who are at the bottom of the pile and is based down the road in Victoria; Combat Stress; and numerous military, regimental and other charities. We need to get their recommendations, advice and views when we consider welfare and so on. Help For Heroes has taken off. I am pleased to say that one of its first rehabilitation centres, if not the first, will be in Colchester.

I suggest to the Committee that it visit the Military Corrective Training Centre in Colchester, which takes people from all the services who have been given a custodial sentence and whom the Army, Navy and Air Force wish to have return to the service. The centre is almost like a finishing school. The vast majority of those who go there are Army, it must be said, and the vast majority of those who graduate from it return to their units as better soldiers, sailors or airmen as a consequence. The centre also deals with those who have been given a military sentence before they are discharged. I mention that not because I am advocating that our civilian prisons should become military—far from it; I was very much against a previous Government’s boot camp policy—but because I am sure the civilian Prison Service could benefit from the education and training provided by MCTC.

I conclude by commending the Bill. The debate has been constructive on both sides of the House. There will be differences, but I am sure of the unity of purpose in the Chamber for our armed forces. I hope the Bill will go forward and eventually become an Act.

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Christopher Pincher Portrait Christopher Pincher (Tamworth) (Con)
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It is a great honour to speak in this debate. I am conscious that night draws inexorably onwards, so I shall try to keep my remarks as brief as possible.

This debate on the Armed Forces Bill is an historic one. That is not so much because of the provisions, some of which may appear a little pedestrian, but because it is one of the great parliamentary symbols, such as the Outlawries Bill or the Septennial Act—one of the great reminders of the struggles that we have had through the centuries to build liberty over tyranny in our country. Some Members have already mentioned that we now ask our servicemen and women more often to go abroad and fight for liberty, to protect our liberty here at home.

Each Armed Forces Bill seems to contain some innovation; as a new boy, I am learning that. The last such Bill—now an Act—enshrined a single set of military law. The great innovation of this Bill is to provide the Secretary of State with an obligation to prepare and present to Parliament an armed services report—a military covenant report, if you will—that will detail a range of issues in the Bill. I am thinking of how the Government and the nation will build their responsibilities in respect of our armed forces.

Bob Russell Portrait Bob Russell
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As the Royal British Legion has driven the updating of the military covenant, perhaps its representatives should be involved in the Secretary of State’s annual report to make sure that they are satisfied.

Incidentally, Mr Deputy Speaker, I apologise. I said that you had signed the early-day motion that I mentioned. That was not quite correct. You seconded it.

Christopher Pincher Portrait Christopher Pincher
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I am grateful to my hon. Friend, and I am sure that the Minister will take account of his suggestion that the Royal British Legion should be able to give advice about the content of the report.

Many Members have focused on clause 2, and that demonstrates its importance and the interest that we all have in it. Last year, the Prime Minister said that we all—the Government, the private sector and voluntary organisations—have a responsibility to go that extra mile for our armed forces. There is no doubt that over the past several years, our armed forces family and those beyond it have taken the view that we have not gone the extra mile for them.

Colleagues have already mentioned that on the very day of the general election last year, the armed forces continuous attitudes survey showed that just 32%—less than a third—of our armed forces feel that they are valued. Such a report on such a day sent a clear message to the outgoing Government that soldiers, sailors and airmen and women felt that that Government had failed them. In the spirit of bipartisanship, I should say that it sent a clear message to the incoming Government that our military expects a lot more of them.

The writing has been on the wall for a few years. General Guthrie said as far back as 2007 that the Government were failing to keep their side of the bargain in the military covenant. A friend serving in the Royal Electrical and Mechanical Engineers who has been to Afghanistan said the same thing in rather more colourful language that it is not parliamentary to repeat here this side of the watershed. If personnel from the Chief of the Defence staff all the way down to a solider driving a recovery vehicle around Helmand are saying the same, we have a real challenge to rebuild faith between our national leaders and our armed forces. That is a challenge the Government must meet. In introducing the Bill and clause 2—the provision for the military covenant report—we are beginning to meet that challenge. We are sending a signal to our armed forces that the things that they and their friends and families are concerned about are the things that the Government are also concerned about and will act upon. I commend clause 2.

I hope that when the Secretary of State and his colleagues consider what should be included in the report—my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) made this point—they will take great heed of and look closely at the work of Professor Strachan and his taskforce and their recommendations to bring to life the military covenant. Two things need to be included in the report to give it teeth: first, forces’ accommodation, which has already been mentioned and is in the Bill and the Strachan report; secondly, personnel kit and training, which is neither in the Bill nor the Strachan report, unless I have missed it.

It is a very old joke to say that soldiers like to grumble, but it is no joke when 36% of servicemen and their families who live in services accommodation say that the accommodation is below standard. That is one of the biggest complaints I hear from my friends and constituents who are in the military. If we are prepared to send young men and women overseas to risk their lives, we can at least ensure that we give them and their families a decent roof over their heads here at home. I therefore hope that the Government will look closely at the Strachan recommendations to enhance accommodation allowances. I know that we are in difficult economic straits, but I hope that the Government will consider that recommendation.

I also hope that the Government will consider expanding the shared equity scheme pilot introduced by the previous Government, and that the Secretary of State will ask the Chancellor to sit down with the banks and persuade them to offer forces-friendly mortgages, so that we can get more service people into their own accommodation. It seems to be a sensible long-term aspiration to offer servicemen and women and their families the opportunity of a stable home with a fixed address and a foot on the property ladder. Incidentally, that would also offer an opportunity to the Ministry of Defence to reduce some of the forces’ accommodation costs, which are currently running at about £285 million a year. The state of some services accommodation, which needs to be improved, means that those costs will only increase. I hope that the Government will look carefully at the recommendations of the Strachan report, and I hope particularly that the Treasury will be invited to look at them.

I would also like to discuss servicemen and women’s kit and training. Those issues have already been mentioned by my hon. Friend the Member for Milton Keynes North (Mark Lancaster) and the hon. Member for Rhondda (Chris Bryant)—neither of whom is in his seat—which demonstrates there is some bipartisanship on the issue. One of my oldest friends is an officer serving with the Royal Welsh who has two tours of Afghanistan under his belt. An issue that he raises continually with me is that although, as Members from all parties have said, it is right that the kit provided to servicemen and women deployed to operations has improved considerably, the time available to train in the kit has not. All too many of them say that all too often kit such as the ACOG rifle sight and Osprey body armour are provided only just before they deploy on operational service, so they are not as prepared as they might be because they have not had enough time to train with it before they deploy. We are also told that Vallon metal detectors, which are essential in identifying mines, are not widely available for training purposes, as that sort of kit should be. I hope that when my right hon. and hon. Friends think about the content of the covenant report, they will consider including such issues so that our servicemen and women feel that we are as serious about their safety abroad as we are about their welfare here at home.

In a short space of time, and despite the difficult economic circumstances that we face, the Government have made some great strides forward in rebuilding the military covenant by doubling the operational hours, maximising R and R, introducing the covenant report, investing £189 million in new kit, and spending another £67 million on countering IEDs. That shows that they have an unbending resolve to support the welfare of our armed forces, and I hope that we get that message across.

I have been looking at the MOD website, where there is a quote that defines a serviceman’s covenant:

“In putting the needs of the Nation, The Army and others before their own, they forgo some of the rights enjoyed by those outside the Armed Forces. So, at the very least, British soldiers should always the expect the Nation and their commanders to treat them fairly, to value and respect them as individuals, and to sustain and reward them and their families.”

That is as succinct and straightforward a compact as could be written, and I trust that the Secretary of State will include it as the foreword to his every report.

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Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
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I represent Dover and Deal, which today still feels like they are at the front line of the nation in its dealings with the continent, not all of which have been happy in the past. Not so long ago, in the second world war, we were the front line and responsible for helping ensure the success of Dunkirk. Before that, in the 18th century, the channel fleet was stationed off the coast of Deal and we retain a strong link with the Royal Marines. I was privileged to be at the installation of the captain general of the Royal Marines as the captain of Deal castle. We also have the lord warden of the cinque ports in Walmer castle, Admiral Boyce, and a brigadier in Dover castle.

The constituency feels strongly about the military covenant. It has a strong cadet movement. It is a privilege for me to be the honorary president of the Deal Air Training Corps, 2235 squadron. It is a considerable privilege for us to have so many Gurkhas living in Dover and Deal, who go on active service and do great things for our nation. I am therefore proud of what our constituency has achieved in the service of this nation and of our military links. The constituency takes a strong and passionate view of the military covenant.

As someone who deeply respects all those who put their bodies and minds in danger on our behalf, I want to stress how pleased I am that we are finally putting the military covenant on to a statutory footing in clause 2. It is absolutely right that the Bill will give the military covenant the increased recognition that it should have had long ago. By enacting the measure, we will give legislative force to the “Army Doctrine Publication”, particularly chapter 1.

However, it is not a no-cost option to back the military covenant in statute. With it comes responsibility, which, in recent years, has been lacking. We must ensure that service personnel and their families are properly cared for, not only in health but when they are hurt, particularly when that hurt happens on active service. What has been going on is not good enough. However, each small measure brings us closer to what we mean by the term “military covenant”.

I can do little better than quote from chapter 1 of the “Army Doctrine Publication”, which states:

“Soldiers will be called upon to make personal sacrifices—including the ultimate sacrifice—in the service of the Nation. In putting the needs of the nation and the Army before their own, they forgo some of the rights enjoyed by those outside the Armed Forces. In return, British soldiers must always be able to expect fair treatment, to be valued and respected as individuals, and that they (and their families) will be sustained and rewarded by commensurate terms and conditions of service… This mutual obligation forms the Military Covenant”.

Chapter 3 states:

“The system’s loyalty to the individual—its obligation in the Military Covenant—is manifested in justice, fair rewards, and life-long support to all who have soldiered”.

The reason for the national debate on the military covenant is the sense that that lifelong support had wavered, that the nation was not completely on the side of the military, as it should have been, and that the military did not have the backing and support that it should have had.

Recently, senior officers such as Lord Guthrie, the former Chief of the Defence Staff, said:

“There is now a feeling—probably stronger than I can ever recall—that the Government are not keeping their side of the bargain and honouring the Military Covenant”.

General Sir Richard Dannatt, Chief of the General Staff, said in his Chief of General Staff’s briefing team report in June 2007:

“My firm aim is to restore the balance of the Military Covenant—it is clearly out of kilter at the moment”.

The Royal British Legion raised its concerns in its general election manifesto, “It’s time to do your bit”. It called for Government action to ensure three key matters: that families of service personnel were properly looked after; that bereaved families were given the support that they need, and that veterans were properly looked after, with health care and poverty fighting prioritised. These points were hammered home to me by my own excellent and active British Legion in Deal, which time and again has raised this issue and pressed for action. Wider concerns have also been raised about mental health, forces accommodation—we often hear about that—armed forces equipment and personal kit, compensation, and even voter registration. As a result of these concerns, morale in our armed forces is not as high as it should be.

The latest armed forces survey found that only 35% of personnel were satisfied with equipment and only 32% felt valued at a basic level, while 37% said morale was too low and 36% said accommodation was not good enough. Such statistics should concern all Members, and they highlight why it is right that in bringing forward clause 2 we hammer home that we are on the side of our armed forces, so that they know that when we put them in harm’s way and they are under fire, our hearts and minds are with them and they have our full support and backing.

The clause’s requirement that the Secretary of State must make a report every year is welcome because it will focus minds that bit more. It is right that health, education and housing should be specifically listed, and I hope that the Secretary of State will also consider including priority health care. I look forward to seeing the new tri-service covenant. Priority health care matters a lot because survey after survey has shown that most GPs have not got a clue about that principle and most hospitals do not know much about it either. We must hammer home the message that our armed forces and veterans should have that priority.

Bob Russell Portrait Bob Russell
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The House of Commons Library has produced an excellent research paper briefing, and I suggest that Ministers should take into account what it says. It observes that the Bill does not explicitly state what welfare provisions must be provided for under the military covenant, such as priority health care, or any minimum standards of care. Does my hon. Friend agree that that is the sort of detail that we will want in the Bill when we get it into Committee?

Charlie Elphicke Portrait Charlie Elphicke
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I am not certain that just chucking that in the Bill is the most important thing, but I hope very much that the Secretary of State will pick up on my hon. Friend’s comments, and also on the other issues mentioned, and that he will make sure that they are given a proper hearing and are properly understood. I hope he will make sure he puts them in his report.

We should enable the Secretary of State to have that kind of flexibility because other issues that our armed forces are very concerned about, and that will need to be addressed, will arise. The three issues I have mentioned are included in the Bill, but I hope that priority health care will be as well. It is important that when people who serve in our nation’s cause return home, they are properly looked after, because they are much more likely to have serious health issues, mental as well as physical. It is right that we as a country honour that covenant and ensure that they get priority treatment because of their service.

It is right that we should have had Professor Strachan’s report. I do not agree with the Opposition that it is just a damp squib that is a bit wishy-washy and not very interesting. It is important that there is the armed forces community covenant. It is important that the accommodation scheme, which is there to thank people who give their support through the armed forces, is in place, because it will engender a sense of direction and the message that it is right to be on the side of our boys and girls out in the field and that we should support our armed forces.

It is also right that the Government give further, and more detailed, consideration to the other measures that were in the report. That is why the Opposition are wrong to write off this report. It encourages greater help in respect of military housing and greater home ownership. It also proposes that there should be a champion for veterans and better training.

We have also discussed the issue of medals this evening. Some want to hand them out like confetti at a wedding, while others want to be more parsimonious. Whatever happens in that respect, it is important that the MOD makes the following change: the citations for medals should be public from the beginning. I have a constituency case involving a Mr Pile who has written to me saying that he wants to tell his children about his father’s heroic activities. What could be better than for someone to balance their kids on their knee and say, “Do you know what your grandfather did? He served heroically, he got a medal and here is the citation”? But he cannot get his own father’s citation, because he fell out with his stepmother and his father is dead, so the MOD has said, “Sorry, data protection! You can’t know the citation.” So he cannot tell his own children.