Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if he will publish the advice given by Defence Police Chief's Council in 2010 to delete records of investigations and dismissals into Armed Forces service people accused of homosexual conduct.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, what discussions he has had with officials in his Department on the potential impact of the deletion of records of investigations relating to homosexuality in armed forces will have upon Lord Etherton's review into the treatment of LGBT veterans.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if will take steps to ensure that previous deletion of records of investigations and dismissals into Armed Forces service people accused of homosexual conduct will not adversely affect (a) potential future claims for compensation, restoration of lost pension entitlements or (b) admissions of fault from his Department.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if he will investigate for what reasons records of investigations and dismissals into Armed Forces service people accused of homosexual conduct were deleted in 2010.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, how many veterans had their records relating to disciplinary action due to homosexuality in the Armed Forces destroyed in 2010.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, to specify which legal duty the Ministry of Defence spokesman is referring to in his remark to the BBC on 2nd November with relation to the the deletion of records of investigations relating to homosexuality in Armed Forces.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if he will hold discussions with the Chief Medical Officer on the potential merits of psilocybin's (a) medicinal and (b) therapeutic use.
Answered by Chris Philp - Minister of State (Home Office)
There are no current plans for a meeting between Home Office Ministers and the Chief Medical Officer for England on the topic of psilocybin.
There is an established process for the development of medicines, overseen by the Medicines and Healthcare products Regulatory Agency (MHRA), which enables medicines (including those containing Schedule 1 controlled drugs such as psilocybin) to be developed, evaluated in clinical trials and licensed based on an assessment of their safety, quality and efficacy before being made available to patients in the UK. Should an application be submitted for a marketing authorisation (product licence), it will ultimately be a decision for the MHRA whether to license psilocybin as a therapy.
In the context of these arrangements, officials from Department of Health and Social Care and the Home Office liaise regularly on matters connected to controlled drugs in healthcare to inform advice to Ministers. The views of experts including the Chief Medical Officer can be taken into account as part of this process.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to the Answer of 7 June 2021 to Question 7725 on Psilocybin: Health Hazards and to the Answer of 5 July 2021 to Question 24081 on Drugs: Misuse, on what evidential basis penalties are imposed for the possession of psilocybin.
Answered by Chris Philp - Minister of State (Home Office)
Psilocybin, as an “ester of psilocin”, is controlled as a Class A drug under the 1971 Act and has been since the Act was introduced.
Psilocybin is also placed in Schedule 1 to the Misuse of Drugs Regulations 2001. Psilocin is subject to the United Nations Convention on Psychotropic Substances of 1971, to which the United Kingdom is signatory.
As the then Crime and Policing Minister set out in his response to Question 7725, a number of drugs which have been controlled under the 1971 Act for a considerable period of time have not been subject to analysis or recent analysis of harm. The Advisory Council on the Misuse of Drugs regularly provides advice on the harms of drugs, and these are published on the gov.uk website.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what the evidential basis is for cocaine being classed as a Schedule 2 controlled drug under the Misuse of Drugs Regulations 2001.
Answered by Chris Philp - Minister of State (Home Office)
Cocaine is controlled under the Misuse of Drugs Act 1971 as a Class A drug and placed in Schedule 2 to the Misuse of Drugs Regulations 2001 (“the 2001 Regulations”).
Drugs placed in Schedule 2 to the 2001 Regulations have some known therapeutic value in the UK and are subject to strict prescribing, record keeping and storage requirements. In addition to the 2001 Regulations, the prescribing of cocaine will also be subject to the requirement of the Misuse of Drugs (Supply to Addicts) Regulations 1997, if prescribed to someone with a drug dependence disorder.
Cocaine is a licensed medicine authorised for local anaesthesia and vasoconstriction of the mucous membranes, for use in procedures such as oral and ear, nose and throat (ENT) surgery.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Home Office:
To ask the Secretary of State for the Home Department, for what reason the Home Office rejected the long term recommendations made by the Advisory Council on the Misuse of Drugs to mitigate barriers to research in December 2017.
Answered by Chris Philp - Minister of State (Home Office)
The then Government responded to the advice provided by the Advisory Council on the Misuse of Drugs in 2017, “Legitimate Use of Controlled Drugs: Research and Healthcare”, in 2019.
The response sets out the Government’s view of each recommendation. The response was published on Gov.uk and is available at the following link: Legitimate use of controlled drugs: research and healthcare - GOV.UK (www.gov.uk)