Armed Forces Bill

Carol Monaghan Excerpts

Consideration of Lords amendments
Monday 6th December 2021 Commons Chamber

[Johnny Mercer]

That is a really fair point. Such provision has not existed before and it is always dangerous when we start going down that route of bringing in new protocols specifically to deal with the challenges of sexual assault that we have here.

I plead with those on the Front Bench: the issue of the female experience in the military defines what we do. I note that the response, last week, was to double the number of females in the military. The only problem is that we have already missed our target for doing that in the first place. It is pointless to give strongly worded statements to the chiefs or to say that we are going to double the numbers if so many people—the young women we saw in the work from my hon. Friend the Member for Wrexham—simply do not come forward because they do not think they are going to have any fairness, any rigour or any real prospect of a conviction for their horrendous experience.

Members will find no one prouder of the military in this place than me but there is a singular problem. I do not buy this stuff about a culture problem—I am afraid I am on the other side of the fence on that: the military is the most wonderful life-chances machine this country has—but there is a problem with holding our people to account, whether in respect of lawfare or other issues. It is exactly the same here. If we do that and hold our people to account, we will get on top of this problem without losing good people like my hon. Friend the Member for Wrexham, whose work I commend. I am incredibly proud of her; the Government should be as well and should implement all her recommendations.

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

It was certainly interesting to listen to the contribution from the former Minister, the hon. Member for Plymouth, Moor View (Johnny Mercer).

Over the past year, personnel have supported the vaccine roll-out, transported petrol to petrol stations and, most recently, aided those impacted by Storm Arwen. Overseas, members of our armed forces have put their lives on the line to evacuate those at risk in Afghanistan and are actively engaged in operations ranging from peacekeeping to combatting the international drugs trade. Our personnel are our greatest armed forces asset and we must do our best to ensure that any legislation that impacts the lives of serving personnel is evidence based, carefully considered and ultimately beneficial.

This Bill has presented a once-in-a-decade chance to improve treatment and conditions for serving personnel and their loved ones while also implementing desperately needed reforms to the service justice system, which is currently failing to deliver for many victims. Sadly, despite the efforts of those in the other place, the Bill is lacking in ambition and many of its provisions are tokenistic.

Lords amendment 1, which we will be supporting, removes the military from the handling of the most serious of crimes. Very recently, the Defence Secretary held a meeting with senior members of the Army to discuss allegations of sexual violence by members of the armed forces. This came after the Defence Committee report on women in the armed forces, which exposed the culture of sexism, intimidation and secrecy within the armed forces and the flawed systems that allow serious acts of misconduct to go unchallenged. Some 64% of the more than 4,000 servicewomen who submitted evidence to the report stated that they had experienced sexual harassment, rape, bullying or discrimination. That figure should cause all of us great discomfort.

Last week, the MOD’s response to the women in the armed forces report announced the introduction of new measures, including sexual consent training and the doubling of the number of female personnel. However, it is hard to see, with the current laddish culture that is being promoted, how women will be encouraged or attracted to join. More ambitious and swifter action is required.

Lords amendment 1 to clause 7 requires a protocol between the Director of Service Prosecutions and the Director of Public Prosecutions. It would create a presumption that serious charges against serving personnel would be heard in civilian courts. There is good reason for this. In the five years until 2019, rape conviction rates in civilian courts were approximately 59% compared with the shockingly low 9% of those heard in military courts. The chances of seeing justice are “shockingly low”, according to the Victims’ Commissioner. We heard this evening from the Minister that the reason why these would continue to be held in military courts is that they could be held swiftly; it was for the welfare of the victims.

I would like to hear from those victims whether they think that their welfare is being looked after by the current system. The majority of these cases are currently prosecuted through court martial, where the boards have a largely, if not entirely, male majority who cannot possibly understand the lived experience of women. The Government have stated that female representation must be on the court martial board, but no quotas have been specified, so it is questionable whether this will make any difference.

Within the military, there is evidence of poor victim care and poor investigations, as military police have little experience of complex sexual violence cases. The evidence backing the amendment is clear: for justice to be delivered, these offences must be tried in civilian courts, as these courts have experience of dealing with complex cases, particularly in relation to rape and sexual assault.

The provisions within Lords amendment 1 are also recommended by the Lyons review and the Defence Committee report, which contended that

“service personnel remain citizens and in these serious cases when the civil courts are available to them, they should be tried in that forum.”

This move also has the backing of the Victims’ Commissioner, a former chief constable and, most importantly, many serving personnel and veterans.

Lords amendment 2, which we support, would require the Secretary of State to have due regard to the covenant. The Bill, as introduced, largely applies to local government. The UK Government should be subject to the same legal standard on the covenant that they are seeking to apply in the devolved context and to local councils. We know that many areas of policy in which serving personnel, veterans and their families face disadvantage—forces’ housing, pensions and employment to name but a few—are the direct responsibility of the UK Government. Disappointingly, many live issues are entirely ignored by the Bill, including: Commonwealth veteran immigration; justice for LGBT veterans; and forces’ housing, which continues to cause major issues for personnel.

We will continue to work with the Minister to ensure that we get the best possible outcome for serving personnel and veterans, but, sadly, I do not think that this Bill is a vehicle through which we will do it.

[Several hon. Members rose—]