Armed Forces (Flexible Working) Bill [Lords]

Carol Monaghan Excerpts

2nd reading: House of Commons
Monday 30th October 2017 Commons Chamber

[Carol Monaghan (Glasgow North West) (SNP)]

I am pleased to be able to speak for the Scottish National party today on flexible working in the armed forces. I will start by declaring an interest: my husband is a retired Royal Navy officer with 17 years’ service. Many of the issues raised today affected our family. In his last year of service, my husband had only six days’ leave, and that included weekends. That sort of leave entitlement is clearly unsustainable, and many service personnel, particularly parents, eventually have to decide between career and family.

We in the SNP very much welcome the move towards flexible working for the armed forces. This is a real opportunity to modernise and reform the armed forces, particularly the work-life balance of the brave men and women who choose to serve. Any moves towards a more family-friendly environment have the potential to be transformational, so we enthusiastically support them. However, as has been said by the hon. Member for Llanelli (Nia Griffith), with any legislation the devil is in the detail.

We broadly support the aims of clause 1(3)(a), but I am struggling to understand how it would work in reality. If, as it appears, it applies to non-frontline posts only and is not applicable to branches that are deploying on operations, I believe this is a missed opportunity. By applying a little creative thinking, we could find ways in which it could operate in these circumstances. For example, if a unit is sent to a conflict zone, a person could deploy for a proportion of a tour that corresponds with their agreed service. That raises other difficulties relating to gaps in the unit and possible unfamiliarity with the territory, but perhaps we could then consider people deploying on every second tour.

Although I accept that that would be alien to many who are currently serving and it will need an entirely new mindset, the continuous attitude survey shows that the impact of service on family and personal life remains the top reason for leaving. When we find ourselves in a situation where only 10% of personnel are women, clearly action must be taken. I am pleased that the flexible working trial in the Army has been well received, and the fact that two thirds of the applicants were female suggests this legislation is long overdue.

According to the explanatory notes, clause 1(4) will give a commanding officer

“the ability…to vary, suspend or terminate the arrangement in prescribed circumstances, for example: national emergency or some form of manning crisis”.

That causes me some difficulty. I do not think anyone would have a problem with the suspension of the agreement during times of national emergency, but we know already that there are acute shortages in some key areas, such as the submarine service, where my husband served. Additional submarine pay and retention bonuses have not addressed this problem. Such a “manning crisis” could apply to the whole submarine service. If someone happens to serve in a branch that is struggling to recruit and retain, will part-time working not be applicable to them? If that is the case, although the Bill is well intentioned, it will not address any of the shortages and retention issues that many branches experience.

I wish to digress slightly for a minute. At the weekend, we heard the shocking news that nine submariners had tested positive for drugs. The Secretary of State was absolutely correct to take the swift action he did, but where does this leave the UK’s continuous at-sea deterrent? It is a pity the Secretary of State is no longer present, because I would like to know what guarantees he can give that if a branch is already operationally stretched, the committed personnel will not suffer leave curtailment and non-flexible working as a result of shortages or because of the behaviour of others.

Concerns have already been expressed that flexible working should not become a way for the Ministry of Defence to save money on an already overstretched defence budget. Flexible working should never become a way for employers to reduce their employees’ hours against their will. Will the Minister assure us that no part-time contracts will be imposed on any service personnel? It is clear that those granted part-time contracts will have pay and pensions reduced to a pro-rata value. Will the Minister clarify that that will not result in service personnel losing other benefits, such as service accommodation?

The geographic restriction in clause l(3)(b) is a welcome step, but again I seek more detail on the specifics. Earl Howe stated that personnel will not be separated from their home base for more than 24 hours at a time any more than 35 times in a given year. Perhaps I am confused, but more than 24 hours could mean 25 hours or it could mean a fortnight. For the provision to have any real punch, there needs to be a maximum time limit. Will the Minister clarify how the Government came to the conclusion that 35 times a year would be the appropriate limit? Will there be a maximum time limit for these separations?

If the Bill is to be properly implemented and achieve the required outcomes, personnel need to be properly represented within the military and with defence policy decision makers. Putting an armed forces representative body on a statutory footing is the norm for many countries, including Germany, the Netherlands, Ireland and the Scandinavian countries. Interestingly, the armed forces in the Netherlands are represented by four trade unions. Service personnel there who are over 50 have to be encouraged to leave to make space for younger recruits. What a luxurious situation they have.

Recognised representation is a key way for the UK Government to better understand the needs and requirements of our armed forces and their families. If the Government are serious about improving the lives of our armed forces in every respect, from pay and conditions to the standard of housing, they should put the armed forces representative body on a statutory footing. I plan to raise that issue again in Committee. The measures in the Bill are a step in the right direction, but the UK Government could use this opportunity to do more for service personnel and their families.

--- Later in debate ---

[Kevin Foster]

Wow! I was expecting a bit of a queue, but—let’s do ladies first, then we will do the gentlemen.

[Carol Monaghan]

The hon. Gentleman has mentioned his grandfather, and I do not want to pass up this opportunity to mention the fact that my grandfather served in the Arctic convoys during the second world war. I want to put Harry Monaghan on the record as well.

[Kevin Foster]

It is wonderful to hear that piece of family history. It is not always known that a large percentage of the tanks used in the counter-attack at Moscow in 1941 that finally drove the Germans back from threatening the Russian capital were supplied via the Arctic convoys. While Russia did get its industry going and almost achieved a miracle of production between 1941 and the ultimate victory in 1945, the convoys played a huge role in the crucial first months of the war and literally kept the Soviet Union in the fight, laying the ground for the defeat of national socialism in Europe.

--- Later in debate ---

[Kevin Foster]

I am delighted to join my hon. Friend in that. Polish people also fought alongside British forces throughout the second world war after Poland was overrun in 1939. My hon. Friend mentioned his constituent who fought in the battle of Britain, in which the famous Polish squadrons showed such great bravery fighting for this country in the hope of keeping alive the flame of freedom for their own country. Sadly, it took well over 40 years for that flame to be reignited in Poland, but it was that sacrifice that ultimately made it possible for the country to be free again—although it did take until after the collapse of communism, which played such a role in the defeat of fascism.

The Bill is timely and reflects the changes in society since the times that we have just talked about. Those looking to serve our nation now will face a range of pressures, including the importance of their children’s schooling. Constantly moving from deployment to deployment might be fine for a single man or woman and maybe for a couple if the partner is in a job that can be flexible. However, if someone’s children are starting to come up to their GCSEs or A-levels, they will have that duty as well—no matter how committed they are.

The Bill is not about creating a part-time military. It is nonsense to say that someone will be going home if they are on operational service. This is about allowing the military to retain capability or to bring people with totally unique skills into the regular service. The military may be able to work with private sector companies at the cutting edge of sectors such as encryption, IT, technology or nuclear to allow the military to have that capability. Like our grandparents’ generation and those who are commemorated around the walls of the Chamber, those who sign up now would recognise the need to put the service first and to make themselves available full time at a time of national emergency. This is about people being one step up from a reservist and having a regular role, which builds on work that has been done on the full-time reserve, for example, where someone can be retained to do a specific job. I have been on the armed forces parliamentary scheme, and it has been interesting to meet some very experienced people—people with 20 or 25 years in the services—who are retained to do a specific job in order to keep their experience.

As the hon. Member for Plymouth, Sutton and Devonport said, recruiters are sometimes almost hanging around the naval base gates waiting for people who are coming up to their release period. In the nuclear industry, as the hon. Member for Glasgow North East (Mr Sweeney) said, we are about to see a new generation of nuclear reactors built, and people who have been trained in the Royal Navy will be incredibly recruitable. We need to give them an incentive that will allow them to have a family and a naval career, and the Bill gives them that incentive.

If I told my grandfather that, 60 years after he was in the Navy, I would be here talking about cyber, he would wonder what on earth I was doing talking about a sci-fi film. We need that ability. Synthetic training environments could create so many opportunities, particularly for keeping air crews current on particular airframes. There are real opportunities that would potentially allow someone to go part time in their military career while retaining the skills that could give them opportunities for the future, particularly as we look to the type of warfare we might see in the 21st century.

It is welcome that we are now being flexible and that we are judging people by their commitment. The President of the United States is attempting to ban skilled people who want to serve their country. A member of the US navy deployed with one of our ships could be removed if they are transgender, but if they served with the Royal Navy it would be no issue at all for them to do exactly the same job. Today’s court ruling is interesting, and I hope it will set the tone that people should be judged by their commitment and their skills for the job, not by any other factor. If we would accept people if the balloon went up in eastern Europe, as I said to my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), who is sitting next to me, why would we not accept them in peacetime, too? I cannot believe that the restriction would be maintained in wartime, so why on earth would it be maintained in peacetime?

It is right that there are some limits on the ability to request flexible working and that the operation of a unit, a ship or a combat-ready unit about to deploy is still the overriding consideration. Such requests can be dealt with by commanders in a sensible and meaningful way. That needs to be in the Bill, because if it were not, we would probably have to create some sort of caveat. It is clear from the start, but I hope a request would not be unreasonably refused, given that the whole point of the Bill is to keep people in service.

[Carol Monaghan]

Will the hon. Gentleman give way?

[Kevin Foster]

I am short of time, so I will not take any further interventions.

It is right that there is still a caveat in the Bill, which can be explored further in Committee, assuming the Bill gets its Second Reading tonight. This has been an interesting debate, and it is probably the right time for the Bill, which reflects a changing society, changing patterns of work and changes in the way people have to balance their service and family commitments. The Bill moves away from the idea of a male serviceman going around the world with his family in tow and embraces the likely employment patterns of the future.

Hopefully we will see more committed people wishing to serve in our armed forces, which is the nub of the issue. Yes, flexible working is likely to be more attractive to women, but it will be attractive to many people who wish to serve—those who want to serve our country, who want to be part of one of the greatest armed forces on this planet and who want to give the sort of service that past generations gave in previous times of need for this country, but who have to balance that with their family.

More good women will come in the door because of the Bill. This is not just about being kind to people, being a nice employer or winning an award for being a flexible employer; it is fundamentally about making it possible for more talent to come into our armed forces and, crucially, to be retained in our armed forces. That is why this is the right Bill, and I hope the House will give it a Second Reading this evening.

Armed Forces (Flexible Working) Bill [ Lords ] (First sitting)

Carol Monaghan Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 14th November 2017 Public Bill Committees

[Gerald Jones]

I concur with the Minister about the unity across the House in wanting the best for our armed forces. As I said at the start, this is a probing amendment to seek further clarification. My hon. Friend the Member for North Durham has indicated what clarification is required on how the proposal will work across the ranks and on the appeals mechanism.

Although I accept what the Minister said about the services having flexibility, there needs to be some idea of what the limit will be in the future. Hopefully the Minister will consider that. For the arrangement to work effectively, there needs to be further clarity. I ask the Minister to look at that again, but I do beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Carol Monaghan (Glasgow North West) (SNP)]

I beg to move amendment 5, in clause 1, page 1, line 18, at end insert—

“(3AA) The Secretary of State must prepare and publish an annual report on any use of the power to vary, suspend or terminate set out in subsection (3A) and must lay a copy of the Report before Parliament.”

An amendment to require the Secretary of State to report annually to Parliament on instances where the right to work part-time or in a geographically restricted area has been varied, suspended or terminated.

I rise to speak to amendments 4 and 5—

[The Chair]

Order. Amendment 4 has not been selected. It is not on the selection list, so just speak to amendment 5.

[Carol Monaghan]

I think I missed that paper then, because I am looking at it—

[The Chair]

When we come to the clause stand part debate, you can be more wide-ranging in your comments, Ms Monaghan, but please just stick to amendment 5 for now.

--- Later in debate ---

[Carol Monaghan]

I would like to raise similar concerns to those raised already, but probably coming from a different position. We have already heard that there are issues around large numbers of personnel and the requirement to maintain operational capability. I would certainly echo those concerns, but if the Bill is to deal with retention of the talent that we cannot afford to lose, and identify how best to make the armed forces modern and fit for purpose, we need to consider how it will be implemented.

There are some worrying phrases in the Bill, such as the “prescribed circumstances” in which flexible working can be suspended. We have already talked about the suspension of flexible working during a national emergency; nobody has a problem with that, but the form of manning crisis and its management, and the ability of the service to refuse applications broadly on the grounds of defence need are more problematic.

We have already heard about areas in which there are key shortages—engineering and particular parts of the RAF, and I will add the submarine service to that. There are people in those services who are currently unable to take the annual leave to which they are entitled. Those same people will not be able to access flexible working, and the result will be the same—members of the armed forces will leave before they are due to do so and the problem with retention will continue. To maintain operational capability, members of particular sections will not be able take up flexible working or get leave because of things that are absolutely out of their control, such as shortages and budget cuts. We need some clarity on how that is rolled out.

Getting the Secretary of State to report to Parliament is quite important. People need to know the situations in which applications have been refused and the number of people who have taken the option up. The Minister mentioned his view that a very small percentage will take it up. We need to be told regularly exactly what the uptake is and across which services, and why applications have been refused—was it because of a particular short-term issue or longer term, endemic problems? Having the Secretary of State report to Parliament regularly would allow some clarity and allow us to monitor who is able to access flexible working and who is not.

Amendment 4 is a probing amendment, but I reserve the right to return to it at a later stage.

[Mr Ellwood]

I admire the way in which the hon. Lady finessed amendment 4, which disappeared, into amendment 5 with the dexterity that we all require in such situations.

I am grateful for the general support for the armed forces. It is important to understand the context. Is this about budget cuts? That is a knee-jerk reaction—a question that I also posed, when I was in opposition, whenever any decision came up. Is the Bill a consequence of that? I can say to the Committee that it is not; it is absolutely nothing to do with financing whatsoever. It is purely to do with recruitment and retention, and the hon. Lady cited examples of that.

[Carol Monaghan]

I am not suggesting that the Bill is a way to deal with budget cuts. I am suggesting that budget cuts to particular areas may make people working in those areas less able to access the flexible working provisions because they are stretched to their limit.

[Mr Ellwood]

I am grateful for that clarification. The hon. Lady talked about what she called the endemic problems we are having. I was very frank, honest and transparent and said, yes, as the Secretary of State and the Armed Forces Minister recognise, we need to do our best to recruit and retain. We can only do that if we adapt, and that is one of the reasons for the Bill.

The hon. Lady gave an excellent example of those who are under pressure because of their expertise—there are not enough experts in a particular field, which places extra pressure on those who are there. We need to make sure that we recruit more experts in a particular field—engineers, for example—so that we limit the pressures on any individual to constantly be at work, which we do not want.

The new arrangements will be available to all regular service personnel and are aimed at improving recruitment and retention, in not just the short but the long term. Our aim is to approve as many applications as we can, but we also recognise that there will be some that we will not be able to approve. There will be requests made to work part time to which we will have to say no—for example, because somebody is serving at the moment in a high-readiness unit. We have to manage the expectations about the arrangements and we have to provide commanding officers with the information to help them to determine, with their people, whether the arrangements are right for them, or whether less formal flexible working arrangements, which are already available, might suit them better.

Careful consideration will be given to applications when they are made, and because of that we do not anticipate that there will be a need to vary, suspend or terminate any arrangements. However, the ability to do that is necessary to maintain our ability to recall if operational capability demands. It also provides our people with some flexibility should their own needs change.

When it comes to the numbers, as I mentioned, we do not expect take-up of more than about 1%. On that basis, in our view, collating or reporting the information for the size of the cohort will not provide significant or beneficial data. Our internal systems are likely to capture that information anyway as a matter of course and be reported to Parliament in the normal way. That will provide management information from which the services can assess how effectively the new arrangements are working and make any appropriate adjustments.

This is a new concept; of course we need to understand and manage it, see how it works in practice and adapt accordingly. It therefore seems disproportionate to require the services to spend time and resources compiling the management information proposed in the amendment into a form robust enough for publication when we expect the numbers affected by the powers to be small. I hope that I have provided clarification and assurances, and that the hon. Lady will agree to withdraw the amendment.

[Carol Monaghan]

I still have some questions. There is a difficulty: if we cannot look at the entire picture and see the particular areas of service that cannot access the arrangements, we are missing a trick. Undoubtedly, if people are operationally stretched and unable to access them, there will be more retention issues. However, for the moment, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 1 ordered to stand part of the Bill.

Clause 2

Consequential amendments

Question proposed, That the clause stand part of the Bill.

[Mr Ellwood]

Clause 2 makes small consequential amendments to existing legislation to provide that regular service personnel temporarily serving under flexible working arrangements continue to be excused automatically from jury service. It has long been recognised that regular service personnel are in a unique position when it comes to jury service. It is vital, as I stressed before, that operational capability is maintained at all times, so commanding officers have the ability to certify the need for their personnel to be exempt. The changes will ensure that the same protections are in place for those working under the new part-time arrangements.

The relevant legislation providing automatic excusal and discretionary deferral from jury service in England, Wales and Scotland refer to full-time serving members of Her Majesty’s naval, military or air forces. Service personnel temporarily serving under part-time working arrangements will not, therefore, be covered by the legislation in England, Wales and Scotland. Clause 2 will ensure that we maintain the current position for our people.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Short title, commencement and extent

--- Later in debate ---

[Gerald Jones]

I thank the Minister for the clarification and reassurance he has provided, and for recognising that there is still significant concern. My hon. Friend the Member for North Durham highlighted the concerns and practical issues facing families. The Minister commented on the future accommodation model, understanding that it stands alone as a significant piece of work. He said it is “coming round the corner” soon. Given that we were told that we would have the detail in 2017 and there are only six weeks left in 2017, and while I appreciate that he might not be able to give the fullest detail, I would have hoped for an indication of when that detail will be forthcoming. I am sure the Government recognise that this is a significant issue and that there are huge concerns around it. That said, I do not wish to push the amendment to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Carol Monaghan]

I beg to move amendment 6, in clause 3, page 2, line 21, at end insert—

“(3A) Within one calendar year of making any regulations under subsection (3), the Secretary of State shall commission an independent evaluation into the impact of part-time and geographically restricted working on welfare of Armed Forces personnel.”

An amendment to require the Secretary of State to consider the welfare implications of part-time and geographically restricted working on Armed Forces personnel.

I will explain a little about the amendment. Ultimately, the Bill is to improve the welfare, satisfaction and work-life balance of those who are serving. Of course we want to modernise the services, consider working practices and, as a result, improve the recruitment and retention of personnel. The amendment would ensure that there was an evaluation of the process. Unless we evaluate the scheme, it will be impossible to know its efficacy and impact. The continuous attitude survey is already carried out, and we know that, at the moment, 35% of serving personnel report dissatisfaction with service life. It would be straightforward to widen the continuous attitude survey to include a section on flexible or part-time working, and have a specific evaluation for those who have undertaken that work.

Any new scheme needs evaluation. I am sure the Government have plans to monitor the success of the scheme, so I am not trying to be difficult, but it would be useful to know the details of the monitoring that will take place. Without evaluation, we cannot know the impact of what I believe to be a positive step for those now serving in the armed forces. I would welcome comments from the Minister on that point.

[Mr Ellwood]

I understand what the hon. Lady is saying, but she wants to place a further burden on the Secretary of State to commission an independent evaluation of the impact of the new flexible working arrangements within 12 calendar months of the clause containing the powers to make the new terms of service regulations coming into force. I am not sure whether that is exactly the intention of what she wants to achieve. The regulations to implement the new flexible working arrangements may be made some months before they come into force, so she might be seeking to place a duty on the Secretary of State to commission an independent evaluation of the impact of the new flexible working arrangements within one year of the new terms of service regulations coming into force.

Either way, I assure the hon. Lady and the Committee that the policies and processes that will support the changes brought about by the Bill have been designed by the services for the services. We have done a great deal of work to ensure that the services develop policies that work for them and for their people. Any effects on allowances or promotion are intended to be proportionate and fair, and our policy has been developed to limit any of the negative impacts.

The physical and mental health of our people and their wider wellbeing contribute directly to our operational capability. I have stressed again and again that we must bear that in mind, but we recognise the welfare risks of some personnel having less income, for example, as a result of serving part time. We will strive to ensure that service personnel are independent and responsible in respect of their personal finances, and that will be one of the things that commanders discuss with applicants before making recommendations or seeing applications that are pushed through.

I hope that, given those assurances, the hon. Lady will withdraw her amendment, but I am happy to discuss it with her in more detail at a later date.

[Carol Monaghan]

There is an issue. We need to know how successful flexible working is. Some 35% of serving personnel are dissatisfied; we need to know whether personnel accessing flexible working feel more satisfied with service life. If they do not, the Bill fails.

[Mr Ellwood]

The hon. Lady makes the argument herself that if there is a sense of dissatisfaction, we have to ask ourselves why that is. We are trying to remedy that dissatisfaction; we are trying to make more people satisfied. That will be achieved through flexible working—through the Bill.

[Carol Monaghan]

I think we are probably coming from the same point of view. It is difficult to know the impact if we do not monitor it. The impact of every change we make has to be monitored. However, given the Minister’s assurances, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Mr Kevan Jones]

I just have a question. Clause 3(5) states:

“Section 1 and this section extend to—

(a) England and Wales, Scotland and Northern Ireland,

(b) the Isle of Man, and

(c) the British overseas territories, except Gibraltar.”

I wonder what the issue is with Gibraltar.

Armed Forces (Flexible Working) Bill [Lords]

Carol Monaghan Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Monday 29th January 2018 Commons Chamber

[Gerald Jones]

My hon. Friend highlights my point that we do need absolute clarity and transparency in the figures, not only on diversity, but across the board.

As I have said, diversity is a strength; it minimises the risk of groupthink. As operations take place in varying locations, a diverse force offers different ways to connect with local populations. If the purpose of the Bill is, in part, to increase the number of female personnel in particular, including through greater retention, why do the Government not see the logic in including information about part-time working in the statistics to show how progress is being made in the numbers of female personnel?

I simply cannot see a good reason for the Government not to adopt new clause 1. The Under-Secretary of State for Defence, the right hon. Member for Bournemouth East (Mr Ellwood), told us in Committee:

“The number of applications…is likely to be low in the early stages, so collating and reporting information on a monthly or biannual basis on the number of regular personnel undertaking new forms of flexible working would not provide significant or beneficial data.”––[Official Report, Armed Forces (Flexible Working) Public Bill Committee, 14 November 2017; c. 27.]

How long does that remain the case? Is there a plan for the Government to bring in reporting when the number of personnel reaches a certain percentage of all personnel? If so, what would that figure be?

Moreover, even if the number of applications is low initially, if there is a data from the initial implementation of the scheme then we could look at trends over time. Of course, the monthly personnel statistics are now quarterly and the diversity statistics are published only once every six months. It does not seem too difficult an ask to include within these statistics the number of those who are serving under the flexible working scheme. Indeed, the Minister told us in Committee how important monitoring would be, saying that

“it will be crucial to ensure that all cases of flexible working are properly recorded and monitored to provide personnel and commanding officers with a record of all the discussions and agreements, so that they can understand the impact and success of the entire process.”––[Official Report, Armed Forces (Flexible Working) Public Bill Committee, 14 November 2017; c. 27.]

If there will be a clear record from the outset, why will this not be added to the statistics? It seems that there will be no undue work or additional cost placed on the Department as a result of the new clause. If the Government are confident that this will see a reduction in outflow and even a boost to recruitment, what good reason is there to not include this information?

I hope the Government will see that this new clause is about ensuring transparency and allowing scrutiny and will accept it into the Bill.

[Carol Monaghan (Glasgow North West) (SNP)]

The Scottish National party welcomes the measures in the Bill that aim to address some of the issues around recruitment and retention of personnel. However, we are concerned that they do not go far enough to tackle the crisis. Unless some evaluation of these measures is carried out, we run the risk of this simply becoming a paper exercise.

The most recent figures show that there was a net outflow of 2,740 personnel from the UK regular forces in the 12 months to the end of September 2017. The MOD said that this difference has increased compared with the 12 months to the end of September 2016, when there was a net outflow of 1,930. According to the 2017 armed forces continuous attitude survey, 35% are dissatisfied with service life in general, and the impact of service on family and personal life remains the top reason for leaving.

There are a number of operational pinch points, which are areas of expertise

“where the shortfall in trained strength…is such that it has a measurable, detrimental impact on current, planned or contingent operations”.

Data on operational pinch points are published in the MOD’s annual report and accounts. The latest report shows that the total number of pinch points, as at April 2017, is 30. Broken down by service, there are four pinch points in the Army, relating to logistical roles; 15 pinch points in the Navy, in engineering and specialist warfare; and 11 pinch points in the RAF, in engineering and intelligence roles, with emerging shortfalls in aircrew.

New clause 2, which is in my name, would ensure that a review is carried out allowing Parliament to monitor and evaluate whether the provisions in the Bill are having a positive impact on recruitment and retention. It would allow Parliament to hold the Government to account, and to monitor whether the measures are addressing the underlying crisis in recruitment and retention.

According to the explanatory notes to the Bill, clause 1(4) will give a commanding officer

“the ability…to vary, suspend or terminate the arrangement in prescribed circumstances, for example: national emergency or some form of manning crisis”.

I do not believe that anyone has a problem with the suspension of the agreement during times of national emergency—we discussed this point on Second Reading and in Committee—but we know that there are long-standing shortages in key areas and that the operational pinch points are increasing. We are concerned that a large number of service personnel will not benefit from the provisions in the Bill. The SNP amendment would allow Parliament to keep a close eye on the uptake of flexible working in the armed forces.

We welcome measures that could have a positive impact on recruitment of women, but it is clear that the Government need to do more to meet their 2020 target. The 2015 strategic defence and security review stated that by 2020 at least 15% of the intake into the UK regular forces would be female. In the 12 months to 31 March 2017, only 9.4% of the total intake was female. With women making up just 10.2% of the armed forces, more effort needs to be put into attracting female applicants. What impact does the Minister think the measures in the Bill will have on recruitment of women to the armed forces? What more do the Government intend to do to meet their target for 2020, because on current statistics we are a long way off?

As I said, the SNP welcomes the measures in this Bill, but we believe that this was the opportunity to do far more for service personnel and their families. Although the Bill aims to tackle some of the issues around dissatisfaction, unless personnel are properly represented among defence policy decision makers, it runs the risk of being a paper exercise. I do not think that any of us in this place want that to be the outcome. Having an armed forces representative body on a statutory footing is the norm in many countries. Recognised representation is a key way that the UK Government could better understand the needs and requirements of our armed forces and their families. If the UK Government are serious about improving the lives of our armed forces, they should look at putting an armed forces representative body on a statutory footing.

[Ruth Smeeth (Stoke-on-Trent North) (Lab)]

May I say how wonderful it is to see you back in your place, Mr Deputy Speaker?

I speak in support of the new clause and the wider provisions in the Bill. We have spoken before in this House about the challenges that we as a country face, and how vital it is that our armed forces have the capabilities that they need to tackle the threats that we are confronted with. Much of that discussion has understandably centred on funding, equipment, and having the right number of platforms. However, it really does not matter how many platforms we have and what their capabilities are if we do not have the skilled service personnel trained and retained in enough numbers to staff them.

We currently face a personnel deficit of 5%, with no fewer than 38 operational pinch points across the three services. Clearly, therefore, recruitment and retention is a real problem, and it is beginning to undermine our ability to deploy. While there are multiple issues that we need to address in this area, we know that flexible working offers the chance to begin to rectify the problem. As I have mentioned previously in this House, 46% of service personnel within the Royal Navy cite the lack of flexible working as a reason why they would consider leaving the military. Conversely, a third of all our armed forces cite flexible working as a reason why they would stay. So there is a very real and genuine demand in our military for provisions of the sort that this Bill brings forward.

However, for flexible working to succeed, it is vital that recruitment numbers increase, so that flexible working is a real option afforded to all service personnel. After all, introducing more flexible working at a time of static recruitment would risk exacerbating the problems we face, as we lack the numbers to fill the gaps, and people will not be able to take the options available. It will be important to monitor how many service personnel are working part-time, to identify and fill potential gaps in capacity, and to assess the effectiveness of this Bill’s aims. That is why I welcome my Front Benchers’ new clause requiring this information to be included in the armed forces biannual diversity statistics.

While a lack of flexible working is often cited as an obstacle to recruitment and retention, it is by no means the only one. There are challenges to be addressed in all four areas being looked at in the new employment model—pay and allowances, accommodation, terms of service, and training and education. In the case of accommodation, the recent collapse of Carillion—as everyone in this House knows, a major partner in the delivery of appalling service accommodation—means that these conversations are now even more urgent, and reassurance is a necessity.

On the matter of pay and conditions, little will change until we know what the pay review body is going to recommend this year to move us away from the appalling 1% pay cap. We also need certainty about the other terms and conditions offered to our personnel. Future pay rises cannot be funded by cutting tour bonuses or other allowances.

As chair of the all-party parliamentary group on the armed forces covenant, I am profoundly aware of the debt we owe to the men and women of our armed forces. Their commitment to our country is unwavering every day. Our commitment to them, to their families and to their welfare should be unwavering, too. I fear that the message the Government are sending on this front remains mixed. Nevertheless, I welcome the Bill as an attempt to tackle some of the problems we face and a good start on the work of improving recruitment and retention in our armed forces.

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[Carol Monaghan]

I thank the Minister for his work on the Bill around which there has been much consensus across the House, and I pay tribute to those involved in drawing it up.

I am disappointed that the Minister has not committed to publishing the statistics called for in the amendment and new clauses tabled by the Opposition and the SNP. No doubt, however, we will return to this issue, through parliamentary questions, freedom of information requests and so on, to ensure we are properly capturing the picture. I understand what he says about the small uptake initially, but we need to know that there is a small uptake initially and that it is increasing, and without the statistics, that is not possible.

The SNP has some concerns about the housing that armed forces personnel and their families are expected to live in. I repeat some of the comments about pay. It is imperative that we get the pay correct for members of the armed forces if we are to recruit and retain the best. I have raised leave entitlement several times. It is not enough that it can be carried forward and carried forward; safeguards must be in place to make sure that people can take their leave when they need to. There must also be safeguards in place for families to make sure they are supported when spouses are deployed and when they are on base and that the education of their children is considered when they join up.

The SNP will continue to call on the Government to set up an armed forces representative body. It was in our manifesto, and we will continue to raise this issue. The Police Federation is able to liaise with the Government. The armed forces and armed forces personnel do not have similar abilities. It would give a voice to those affected by the issues raised today—issues that affect retention and recruitment, not simply flexible working. I call on the Minister to look seriously at the issue of a representative body, but I thank him once again for his work on the Bill.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I call Kirstene Hair.

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[Carol Monaghan]

Some countries make far better use of reservists for that same reason. They bring their armed forces skills into civilian life and vice versa. Some countries’ armed forces have huge numbers of reservists making up their ranks, as opposed to UK armed forces which have only a very small number.

[Mr Jones]

The hon. Lady makes a good point; reservists do add something, but I am talking about regular members of the armed forces being able to leave for a certain period of time on the understanding that they will come back. In the United States, many on senior military courses leave to do doctorates or work in business and do other things and then come back into the armed forces, and doing that is not seen as a black mark against their career; on the contrary, it is seen as enhancing both the armed forces and those individuals’ careers.

This Bill is a start, therefore, and I assure the Minister I will be scrutinising how it works in practice and the uptake of its provisions. I also join him in thanking the Clerks and everyone involved in the Bill on making sure it has gone through both Houses with a degree of consensus from all sides and with additions to the offer that we can now give to people who want to join our armed forces.