Armed Forces Bill (Second sitting)

Dan Carden Excerpts

Wednesday 31st March 2021 Public Bill Committees

[Carol Monaghan]

The Minister’s response is rather disappointing. Yes, this new clause does refer to just one part of the 2006 Act, but it was hoped that that would then permeate through all of the Act. It is disappointing, when we are talking about the importance of diversity in the armed forces, that the Minister is not willing to look at this proposal. It would not be a huge amount of work to amend the entire Act; it would simply involve updating these particular gender-specific words. I am not going to push this new clause to a vote, but I am disappointed by the Minister’s response. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 6

Duty of care for alcohol, drugs and gambling disorders

“(1) The Armed Forces Act 2006 is amended as follows.

(2) After section 20(2)(d) insert—

‘(e) the person is dependent on, or has a propensity to misuse, alcohol or drugs.’

(3) After section 20(3) insert—

‘(3A) The Secretary of State has a duty of care to offer a specific pathway for support and treatment for current and previously serving service personnel who experience—

(a) a propensity to misuse, alcohol and drugs,

(b) alcohol or drug dependency, and

(c) gambling disorder.

(3B) The Secretary of State must include in the annual Armed Forces Covenant report—

(a) the number of people accessing treatment and support as set out in section (1), and

(b) the current provisions for rehabilitation facilities for Armed Forces personnel who are experiencing a propensity to misuse or have a dependency on alcohol, drugs and gambling.’”—(Dan Carden.)

This new clause places a duty of care onto the Ministry of Defence to provide treatment pathways to serving personnel and veterans who experience alcohol, drug and gambling disorders and will include the number of people accessing treatment and current rehabilitation provisions in the annual Armed Forces Covenant report.

Brought up, and read the First time.

[Dan Carden (Liverpool, Walton) (Lab)]

I beg to move, That the clause be read a Second time.

This new clause would place a duty of care on the Ministry of Defence in relation to finding a pathway to treatment for people suffering with addiction. We are familiar with the existing narrative that many of our armed forces community will, at some stage, struggle with their mental health. While there is agreement that we must prioritise the mental health and wellbeing of our armed forces, alcohol, drug and gambling use disorders—otherwise known as addiction—do not receive the same consideration, and serving personnel and veterans experiencing addiction are being failed by the current system.

In society, we should afford the same attention, resources and support to addiction as to any other mental health matter, because addiction is an illness—an illness with a higher prevalence across the services. The new clause would place a duty of care on the Ministry of Defence to ensure that it has a role to play in finding a pathway to treatment for those men and women who have given service. Combat Stress confirms that military personnel are more likely to suffer from substance misuse problems than civilians, yet there is only one veteran-specific addiction treatment facility in the whole of the UK—Tom Harrison House, in Anfield, in my constituency.

Turning to alcohol, drugs and gambling in times of uncertainty or hardship is normalised in the UK. The latest Office for National Statistics alcohol-specific deaths data show that this is now a national crisis. Our armed forces are a niche community with distinct values that make engagement with local services difficult. Many veterans and their families are isolated and do not receive the treatment they need and deserve. I have met many veterans visiting Tom Harrison House who felt completely let down by the MOD. I am yet to meet one who has received the support they need for their addiction through the Army, Navy or Air Force. Too often—in fact, it is the norm—people have to hit rock bottom to get picked up and offered support. Even then, treatment is not always available. One veteran told me:

“I gave my life to service, I was trained to lack empathy; conditioned to survive; asking for help was a weakness; encouraged to drink and when there was nothing left for me to give, I was discharged, without any re-conditioning, no support; completely alone.”

That experience is unacceptable.

We just do not know how many veterans experience substance use disorders, as there is such limited reporting. The new clause would address that lack of understanding. As it stands, the MOD plays no role in the pathway of support for veterans who require treatment for addiction and other mental health issues, even though we know that the effect of service is often a determining factor in a veteran’s illness. Once personnel have left service, they rely on the NHS and local authorities, and of course the UK’s third sector organisations provide help and support. I absolutely value their work, but the MOD has a responsibility to those men and women that it has shirked for too long. Veterans are expected to use the same pathway as civilians—through the NHS and local authority services—yet drug and alcohol services have been decimated in the past 10 years, with part one of Dame Carol Black’s review on drugs detailing that, in some local authorities, funding for these services has been cut by 40%. We expect veterans to navigate an underfunded system that does not cater for veteran- specific needs.

We know that addiction is often a symptom of deeper psychological problems. Substances are ways to escape and self-medicate. Although co-occurrence of substance use and mental health diagnoses is widely understood, to access mental health services the person must often address the substance use first. The Committee heard at first hand from Combat Stress just how obstructive that is to recovery. This fractured approach leaves too many in prolonged pain and suffering as they continue to fall between the cracks. While the Bill will enshrine the armed forces covenant into law, public bodies having that due regard will not help the many veterans who experience addiction.

[Mr Jones]

My hon. Friend is talking about veterans, but does he agree that there is a big issue with drug and alcohol misuse in the services? The services’ main response is usually to dismiss people with those issues. Does he think more should be done to get treatment for those individuals while they are in service?

[Dan Carden]

I am grateful to my right hon. Friend. We know that levels of treatment do not match the levels of addiction that we believe exist. I will finish on this point. Currently, there is a zero-tolerance approach to alcohol and drug misuse in the forces, and that approach lacks understanding and is outdated. Other professions, including our doctors, the police force, the fire service and pharmacists, provide occupational support for substance use, and our armed forces should follow suit. I hope the Minister will address that issue.

New clause 6 will ensure that these men and women have access to a pathway of support for problematic alcohol, drug and gambling use, and it will allow information on service personnel and veterans’ treatment, and the provision for it, to be included in the annual armed forces covenant report.

[Johnny Mercer]

This is a really important new clause, and there are some really good points in there. I am grateful to my hon. Friend the Member for Liverpool, Walton for raising these issues, because addiction is something that is particularly close to my heart, and we as a society and a Government need to do more on it. He raised some important issues. I will not just read him the blurb of what is available, because he knows about that. I will address a couple of the points that he made. I cannot accept the new clause, but I will talk about what we can do to address some of these issues.

I pay tribute to my hon. Friend for his lobbying in this cause. I know he has worked hard on it over a number of years. Tom Harrison House is a real beacon of support for those enduring substance abuse and addiction challenges, and I pay tribute to its work. When it comes to the responsibility for providing pathways for veterans, the difficulty that we have with the new clause is that, in this country, veterans are not an individual cohort on their own; they are civilians who have served, who were picked from society and will return to society. So, along the lines of what I have done with Operation Courage to ensure that there is a single front door and clear pathways that people can navigate, we must ensure that there are addiction pathways through these treatment services.

I ask my hon. Friend to come and see me in the Department, and perhaps we can visit Tom Harrison House. This has long been an issue for me. The third sector does amazing stuff in this field, but some organisations will not treat people until they have finished drinking, or whatever the addiction challenge may be, and we have to do more on that. I would like to visit Tom Harrison House and really listen to hear what the people there would do with the current situation. We have a sort of trailblazer going on in the NHS with Op Courage, and I do not see why we cannot do that with addiction services.

My hon. Friend talked about having a zero-tolerance approach in terms of people who have served. We do not have a zero-tolerance approach to those who are using drug and alcohol services; we provide support. I have seen that in units down in Plymouth, where people have received support for alcohol abuse. There certainly used to be a zero-tolerance approach to drugs, but there is not one now. We do what we can, cognisant of the way that society has changed. However, we are very clear that drug use is not compatible with service life, and that position has been upheld and proved time and again.

--- Later in debate ---

[Johnny Mercer]

Yes, of course I will. I give a commitment to the Committee to work with my hon. Friend the Member for Liverpool, Walton to design the pathways and report back in future on what we can do better. With those assurances, I hope he will agree to withdraw the motion.

[Dan Carden]

I thank the Minister for the way that he has engaged with these issues, and for the work that he has already done. One of the key problems that we have is the poor set of data, and I look forward to working with him to see what we can do in the Bill on those issues. In the light of the Minister’s commitments to meet and his offer to visit Tom Harrison House, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 7

Welfare of Operation Banner veterans

“No later than 12 months following the day on which this Act is passed, and every 12 months thereafter, the Secretary of State must publish a report which must include the number of Operation Banner veterans who—

(a) have contacted the Office of Veteran Affairs,

(b) are accessing mental health treatment,

(c) are in the street homeless population, and

(d) are within the prison population.”—(Mr Jones.)

This new clause will ensure that the Government offers consideration to the overall welfare of those service personnel that served in Operation Banner.

Brought up, and read the First time.

[Mr Jones]

I beg to move, That the clause be read a Second time.

--- Later in debate ---

[Stephen Morgan]

National security is the first duty of any Government. Following the publication of the integrated review and Command Paper, it is clear that this Government have not only broken their promises on fighting strength, but taken a significant gamble with our national security in the medium term. I will withdraw this clause for now, but reserve the right to return to it on Report. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 17

Report on dismissals and forced resignations for reasons of sexual orientation or gender identity

“(1) The Secretary of State must lay before Parliament reports on the number of people who have been dismissed or forced to resign from the Armed Forces due to their sexual orientation or gender identity, this includes—

(a) formal documentation citing sexuality as the reason for their dismissal; or

(b) there is evidence of sexuality or gender identity being a reason for their dismissal, though another reason is cited in formal documentation.

(c) in this section, ‘sexuality or gender identity’ includes perceived or self-identified sexuality or gender identity.

(2) The report shall include recommendation of the sort of compensation which may be appropriate, including but not limited to—

(a) the restoration of ranks,

(b) pensions, and

(c) other forms of financial compensation.

(3) The report shall include a review of those service personnel who as a result of their sexuality have criminal convictions for sex offences and/or who are on the Sex Offenders register.

(4) The report shall include discharges and forced resignations at least back to 1955.

(5) The first report must be laid no later than six months after the day on which this Act is passed.”—(Dan Carden.)

This new clause requires the Government to conduct a comprehensive review of the number of people who were dismissed or forced to resign from the Armed Forces due to their sexuality and to make recommendations on appropriate forms of compensation.

Brought up, and read the First time.

[Dan Carden]

I beg to move, That the clause be read a Second time.

This new clause seeks to right an historical wrong. Twenty-one years ago, the ban on LGBT+ personnel serving in the armed forces was lifted. During the years of the ban, it inflicted staggering cruelty on those men and women who had stepped forward to serve their country. This is a hidden history of the British military, so let me reveal some of the sorry tale.

Between the mid-1950s and 1996, men and women—predominantly men—of our armed forces who were thought to be gay were arrested, searched and questioned by officers trained for wartime interrogation. In many cases, this went on for days before they were charged, often without legal counsel or support. On many occasions, arrest was based on little evidence. It has emerged that many heterosexual personnel were falsely accused by service police officers, losing careers and, in some cases, homes and families. After harrowing investigations, these men and women were led away to military hospitals where they were subjected to degrading and shameful medical inspections, conducted in accordance with confidential Defence Council Instructions, held by every unit of the armed forces.

At court martial, in the moments before those convicted were sent down, operational medals and good conduct badges were ripped from their uniforms. They typically served six months in prison for the military criminal offence of being homosexual. It is staggering that this continued until 1996, and that administrative dismissal of LGBT+ personnel continued for a further four years, until January 2000.

As these members of our armed forces walked from prison, they were dismissed in disgrace, with criminal records as sex offenders, which from 1967 had no civilian equivalent. As they left through the main gate, they were commonly given letters instructing them to never again use their military ranks or wear items of uniform, for example in remembrance at the Cenotaph. With dignity, they continued to obey those letters. Their names were erased from the retired lists of the Army, Royal Navy and Royal Air Force as though they had never existed. These once-proud members of our military were cast out of the armed forces family and outed to their own family and friends. They lost their homes and their financial stability. Their service record cards had the top corner clipped and were marked in red pen with the annotation, “Dismissed in disgrace”, causing many a lifetime of employment issues.

In the past, in their moments of need, these personnel were shunned by military charities. I am pleased that has now changed. However, there has been no such remedy or reckoning from our Government or the Ministry of Defence. The Committee heard at first hand, from the charity Fighting with Pride, accounts of how those affected live today amidst the ashes of their former service careers. Our LGBT veterans are scattered across the United Kingdom, often away from military communities, living lives in stark contrast to those hoped for when they joined the forces. In the 21 years since the ban was lifted, nothing has been done to support those LGBT+ veterans. The impact endures amidst loneliness, isolation, shame and anger. As Canada, Germany, the United States and other nations prepare, assess and make reparations, putting right this shameful wrong is long overdue for the United Kingdom, which persisted with the ban for longer and implemented it more zealously than many others.

The Minister, I know, has offered his apology, for which many are grateful, and he and I have talked about this issue, but does he not agree that this community of veterans, who were treated with unique cruelty, deserve an apology on behalf of the nation from the Prime Minister in Parliament? They must be supported on the pathway to royal pardons, restored to the retired list and have their medals returned. Prohibitions on their use of rank and wearing of berets at the Cenotaph must be revoked. They need resettlement support, which we offer to all other members of our armed forces, and they must be fairly compensated and have their pensions reviewed in recognition of their service and the hardships they faced, then and now.

Until that is done, this will remain a matter of national disgrace, and it will stand in the way of this Government’s stated wish to be a global exemplar for both LGBT+ and veterans’ communities. This amendment places a duty on the Ministry of Defence to find our LGBT+ veterans, find out how they have fared and make recommendations to Parliament about what must be done to right this wrong. Remedy must not take years, and the Government will need to work closely with community leaders.

[Martin Docherty-Hughes]

I congratulate the hon. Gentleman on tabling this new clause; if he does press it to a vote, both of us on the SNP Benches will support it in its entirety.

In setting out the premise for the hon. Gentleman’s proposition, it is clear why there should be consensus on the many issues he has raised and that we should take this as an opportunity to move forward. Both the Opposition and the Government should fully support ensuring that the lived experience of the LGBT community, especially those who have been forced out of the armed forces, is reflected in our deliberations and seek to remedy as best as possible their lived experience at this time—especially if that requires investigations into their financial position, access to pensions or the ability, on Remembrance Sunday, to march with their comrades, wearing the badges that should never have been taken away from them. That, at least, is basic; the other issues that the hon. Gentleman has raised will require serious investigation and deliberation by the Government.

--- Later in debate ---

[Johnny Mercer]

Not at this moment, no.

I cannot rewrite history, and I cannot promise every last penny that was lost out on because people did not achieve their long service and good conduct. There is no mechanism possible to make that happen. What I will do, and what we are doing at the moment as part of cross-Government activity involving the Cabinet Office, the Ministry of Defence, the Office for Veterans’ Affairs and the Home Office, is find a mechanism, working with Fighting with Pride, Stonewall and others, to address the appalling injustice for this cohort of veterans.

I give a commitment today to write to the Prime Minister to ask him to reflect on my apology to the LGBT community last year, and to ask him to consider doing so at a national level. I know that will not correct it, but it will go some way towards alleviation. I saw the impact of my apology. It is easy for those who are not in that cohort to downplay an apology or not to want to do it, because of its ramifications, but apologies are important for the cohort that went through this experience. I will write to the Prime Minister on that issue today.

In light of those things, I do not want to duplicate the work that is going on at the moment, because I want to get a solution for all these people, like Fighting with Pride, with which I am in constant communication. With those reassurances, I hope the hon. Member for Liverpool, Walton will agree to withdraw his new clause and to work with me to get to a place where this cohort is properly looked after and some sort of restorative justice takes place, in line with what I have done already. I hope he has confidence in what I have done already and in my commitment to go much further in future.

[Dan Carden]

I thank the Minister for his considered response and for committing to write to the Prime Minister. I will withdraw the new clause at this time. There is a long way to go in the Bill, and I look forward to working with the Minister. The fact that he is working with Fighting with Pride and Stonewall is very positive. This is an issue of such importance that I would like to see it dealt with on a cross-party basis, with some agreement, so that restorative justice is finally done for these servicemen and women. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Schedule 1

Constitution of the Court Martial

Amendment proposed: 1, in schedule 1, page 38, line 11, at end insert

“or lower ranks after a minimum service of 3 years”.—(Martin Docherty-Hughes.)

This amendment would extend Common Law rights for people to be tried by a jury of their peers to be extended to those in the Armed Forces.