Earl Howe
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Armed Forces Bill
Earl Howe Excerpts(8 years, 9 months ago)
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The Minister of State, Ministry of Defence (Earl Howe) (Con)
My Lords, I beg to move that this Bill be now read a second time. It is a pleasure to be speaking to the Armed Forces Bill. Such an opportunity normally occurs only every five years and, as always, it is a significant occasion. Its significance can be traced back to the Bill of Rights in 1688, which declared:
“That the raising or keeping a standing army within the kingdom in time of peace, unless it be with the consent of Parliament, is against law”.
Since then, the legislation making the provision necessary for the Army to exist as a disciplined force and, more recently, the legislation for the Royal Navy and the Royal Air Force, has required annual renewal.
Since the 1950s, an Armed Forces Act has been required every five years to continue in force the legislation enabling the Armed Forces to be recruited and maintained as disciplined bodies. Those Acts have provided that, in each of the years between five-yearly Acts, an Order in Council is required to continue in force that legislation. That legislation is currently the Armed Forces Act 2006, which provides a system of command, discipline and justice for the Armed Forces. It covers matters such as the powers of commanding officers to punish disciplinary or criminal misconduct, the powers of the court martial, and the powers of the service police. The 2006 Act confers powers and sets out procedures to enforce the duty of members of the Armed Forces to obey lawful commands. Without this Armed Forces Bill, the Armed Forces Act 2006 could not continue in force beyond the end of this year. This Bill is a constitutional requirement. Each Government, in turn, have an Armed Forces Bill, not because their manifesto says so but because control over the system under which the Armed Forces are maintained resides not with the Executive but with Parliament.
When speaking about the need to renew the legislation for the Armed Forces, it is sometimes asked what would happen if that legislation was not renewed. The 2006 Act contains almost all the provisions for the existence of a system for the Armed Forces of command, discipline and justice—these I mentioned earlier. It also provides for other important things, such as provision for their enlistment, pay and their system for the redress of complaints. The central effect of expiry of the Armed Forces Act 2006 would be to end the powers and provisions to maintain the Armed Forces as disciplined bodies. Perhaps the most important example of this effect is that the duty of members of the Armed Forces to obey lawful commands, which is under Section 12 of the 2006 Act, and the powers and procedures under which this duty is enforced, would no longer have effect. Commanding officers and the court martial would have no powers of punishment for disciplinary or criminal misconduct. The obligation of members of the Armed Forces is, essentially, a duty to obey lawful orders; they have no contracts of employment and so no duty as employees.
I mentioned earlier the assertion in the Bill of Rights 1688 that the Army—and by extension now the Royal Air Force and the Royal Navy—may not be maintained within the kingdom without the consent of Parliament. The requirement for renewal of the 2006 Act is based on that assertion. Failure to renew would call into question Parliament’s consent to the maintenance of our Armed Forces. This is why renewal of the Armed Forces Act 2006 is so important—and renewal is the primary purpose of this Bill.
This is a smaller Bill than the one five years ago which became the Armed Forces Act 2011 and considerably smaller than the Armed Forces Act 2006, which made significant changes, including establishing a single system of service law for all three services. The 2006 Act continues to work well and I pay tribute to the work of the then Government for this achievement.
The 2011 Act renewed the 2006 Act and, like most five-yearly Armed Forces Acts, it made a few other changes to the service justice system and defence more broadly. Its eye-catcher, of course, was the requirement to report on the Armed Forces covenant, which has made a huge difference to the lives of serving and ex-service personnel.
This is a modest Bill. The 2006 Act, as amended by the 2011 Act and the Armed Forces (Service Complaints and Financial Assistance) Act 2015, which provides for the Service Complaints Ombudsman, needs only a few small changes. This Bill tidies a few things up and keeps our legislation current so that it remains fit for purpose.
So what does the Bill do? I have mentioned renewal of the 2006 Act. That is covered by the first clause of the Bill. It provides for continuation of the 2006 Act for a year from the date on which this Bill receives Royal Assent. It also provides for renewal thereafter by Order in Council for up to a year at a time until the end of 2021.
Currently a commanding officer may require a member of the Armed Forces, or a civilian subject to service discipline, to co-operate with a preliminary test for alcohol or drugs only on suspicion of an offence. Clause 2 extends the circumstances in which a commanding officer may require co-operation with such a test. It provides for post-accident preliminary testing without the need for suspicion that the person tested may have committed an offence. The new powers to require co-operation with tests apply only after accidents involving aircraft or ships or after other serious accidents. The results of such tests can be used in support of any type of investigation arising from the accident. The powers are derived from, but not identical to, those in the Railways and Transport Safety Act 2003 under which civilians may be required to co-operate with tests for alcohol and drugs.
Clauses 3 to 5 relate to the investigation and charging of service offences under the Armed Forces Act 2006. The clauses make a number of changes to the provisions in Part 5 of the 2006 Act which deal with the process of deciding whether a person is to be charged with a service offence under that Act. The changes simplify the process. The commanding officer rightly deals with 90% of cases in the service justice system and these provisions will not change that. Clause 3 is about simplifying the process for charging in some of the remaining 10% of cases which the commanding officer does not have power to hear, including offences such as perverting the course of justice and sexual assault. Currently, some cases which cannot be dealt with by the commanding officer must none the less be referred by the investigating service police to the commanding officer, and then from the commanding officer to the Director of Service Prosecutions for a decision on the charge and prosecution. Clause 3 provides instead for the service police to refer straight to the DSP any case where there is sufficient evidence to charge an offence with which the commanding officer cannot deal. It also deals with charging in linked cases—for example, separate offences that occurred during the same incident.
Clause 4 makes a minor, technical clarification to the procedure for the referral of linked cases from the commanding officer to the DSP. Clause 5 provides for the Director of Service Prosecutions to bring charges himself. Currently, where the director decides that a charge should be brought in a case, he cannot bring the charge directly but must direct the suspect’s commanding officer to bring the charge, who must then do so.
Clause 6 increases the range of sentencing options available to the court martial. Both civilian courts and the court martial can currently suspend sentences of imprisonment for up to 24 months. However, the service courts can suspend sentences of service detention for only 12 months. This clause gives the court martial the ability to suspend sentences of service detention for up to 24 months. Sentences of service detention are served at the Military Corrective Training Centre in Colchester. This would provide the court martial with another option when sentencing. In appropriate circumstances, suspended sentences can allow continued service alongside rehabilitation activities.
Clauses 7 to 12 deal with offenders assisting investigations. Clauses 7 and 8 allow the Director of Service Prosecutions, in return for assistance provided by a person to an investigation or prosecution, to enter into an agreement with the person, giving them immunity from prosecution or an undertaking that information will not be used against them in proceedings. Clauses 9 to 12 make provision with respect to reduced sentences for those who provide such assistance.
In the civilian criminal justice system, prosecutors such as the Director of Public Prosecutions have statutory powers to offer immunity from prosecution and restrictions on the use of evidence in return for assistance relating to offences. The Director of Service Prosecutions has no such power, yet in some cases the evidence of a witness or defendant could be crucial to a case, but fears about self-incrimination prevent that person coming forward. Clauses 7 to 12 would change that. The provisions closely follow those in the Serious Organised Crime and Police Act 2005 that apply to civilian prosecutors and courts.
Clause 13 and the Schedule to the Bill provide for the Armed Forces Act 2006 as it currently has effect in the UK to come into force in the Isle of Man and the British Overseas Territories, except Gibraltar. We are consulting the Government of Gibraltar about extending the 2006 Act to that territory. I should make it clear that, as a matter of UK law, the 2006 Act applies to UK service personnel wherever in the world they serve. It will continue to do so. The Isle of Man and the British Overseas Territories other than Gibraltar are content for the 2006 Act to form part of the law of those jurisdictions. Discussions are ongoing with Gibraltar about whether it would be content for the 2006 Act to form part of its law. If it considers that that would be best, we propose to introduce an amendment as soon as possible to that effect.
Clause 14 reflects the Government’s commitment to the fair and equal treatment of LGBT Armed Forces personnel. It repeals two provisions regarding homosexuality in the Armed Forces, the existence of which is inconsistent with the department’s current policies and the Government’s equality and discrimination policies more generally. The clause amends Sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994. Currently, these sections contain wording that provides that those sections do not prevent a homosexual act from being a ground for discharging a member of the Armed Forces. The clause removes that wording. When Sections 146 and 147 were enacted, it was government policy that homosexuality was incompatible with service in the Armed Forces. Accordingly, members of the Armed Forces who engaged in homosexual activity were administratively discharged from the Armed Forces. That policy was abandoned in January 2000. Since then, these provisions have had no practical effect. They are, therefore, redundant.
The Secretary of State may make regulations under Section 25 of the Social Security Act 1989 to give war pensions committees functions relating to war pensions and war pensioners, such as considering complaints made by pension recipients. The committees’ existing functions relate primarily to the war pensions scheme, which provides compensation for injury or death caused by service in the Armed Forces before 6 April 2005. Clause 15 amends Section 25, allowing committees to also be given functions relating to the scheme which provides compensation for injury or death caused by service in the Armed Forces on or after 6 April 2005. These days the war pensions committees are commonly known as veterans advisory and pensions committees.
Clauses 16 and 17 give Ministry of Defence firefighters statutory powers to act in an emergency to protect life or property. These are the same powers as those given to employees of local fire and rescue authorities under Section 44 of the Fire and Rescue Services Act 2004 and equivalent legislation in Scotland and Northern Ireland. Those powers include powers to enter premises by force if necessary, to close roads and to regulate traffic. Clause 16 also makes it an offence to obstruct an MoD firefighter who is acting in an emergency. Clause 17 gives MoD firefighters the same exemptions from provisions in certain Acts, such as rules on drivers’ hours, as employees of fire and rescue authorities.
The Defence Fire Risk Management organisation provides fire and rescue operational services and support across defence at airfields, specified domestic establishments and deployed locations in the UK and overseas, but it falls outside the ambit of the primary legislation that governs local fire and rescue authorities in the UK. Clauses 16 and 17 make simple, sensible changes to give MoD firefighters the same protections in law as their civilian counterparts. The Defence Fire Risk Management Organisation has more than 2,000 personnel operating more than 70 fire stations. Its firefighters fall into one of three categories: defence fire and rescue service civilian firefighters employed by the MoD; RAF and Royal Navy service personnel; and firefighters employed by a defence contractor. These firefighters currently have no specific statutory powers to act in an emergency to prevent or deal with fires, to protect life or to preserve property. The changes made by Clauses 16 and 17 will enable defence firefighters to carry out their duties in the same way as firefighters employed by civilian fire and rescue authorities.
That is what the Bill is about. As I said earlier, it is modest but none the less important. The number of expert speakers we look forward to hearing from during this debate is a reflection of that, as is the prospect of no fewer than three maiden speeches, from my noble friends Lady Pidding and Lord Shinkwin and the noble Lord, Lord Murphy of Torfaen. I pay tribute to our Armed Forces. We ask a lot of our men and women, whether serving in far-flung places or supporting UK flood relief operations. We are immensely proud of their work, their courage and their dedication and we take pride in the first-class reputation of our Armed Forces. Their success is underpinned by a fair and modern service justice system. I believe that we share a common purpose to keep it that way.
I have mentioned that we may bring forward a government amendment in relation to Gibraltar. If we do—if Gibraltar considers it best that we provide for the 2006 Act and the Bill to extend there—I will ensure that noble Lords are given this in good time. I look forward to the detailed scrutiny we shall undoubtedly give the Bill in Committee, and commend it to the House.
Earl Howe
My Lords, I am sure that all noble Lords will agree that we have had a very good debate today with contributions of the highest quality. It has been a debate enriched and adorned by three excellent maiden speeches. It is a pleasure for me to say that I agreed and identified with every word of all three of them.
The difficulty of doing justice to all contributions is, I hope, obvious. I shall do my best to respond to as many as possible of the points that have been raised, but I hope that noble Lords will bear with me if I do not manage to answer each and every one today. I shall look carefully at Hansard and will write to any noble Lord where I have something to add.
Perhaps I may begin by responding to the many noble Lords—including the noble Lords, Lord West of Spithead and Lord Empey, the noble and gallant Lords, Lord Craig and Lord Boyce, the noble Lords, Lord Ramsbotham, Lord Bilimoria and Lord Burnett, the noble and learned Lord, Lord Brown of Eaton-under-Heywood, and others—who raised a series of concerns falling under the broad heading of the law relating to human rights.
I turn first to the concerns about combat immunity and the so-called Smith judgment, raised by the noble Lord, Lord West, and the noble and gallant Lord, Lord Boyce. Without any disrespect to the noble and learned Lord, Lord Walker of Gestingthorpe, whose remarks I found very helpful, the Government are very concerned about the judgment, because the court ruled that some issues relating to military operations may be justiciable. This was one of the reasons for our manifesto commitment to deal with the huge volume of litigation currently engulfing the Armed Forces. We are determined to honour that.
Our particular concern is that the Smith judgment has left the position on liability for events on the battlefield unclear. We continue to defend the doctrine of combat immunity vigorously and a number of high-profile test cases are ongoing. We are examining the option of legislating, but we would look to do so using the most appropriate means. Once our proposals are mature we will announce further details. Clearly, it is important that we get this right and that operational effectiveness is not harmed.
Many of the noble Lords I just mentioned raised particular concerns about the volume of claims being brought against the Ministry of Defence raising human rights issues. Let me make clear the Government’s determination to address the risks arising from developments in international human rights law, which has the potential to impose ever-greater constraints on the Armed Forces and the MoD to operate effectively in defending the UK and its interests. The Government are committed to upholding the rule of law. Their view is that international humanitarian law, as embodied in the Geneva Conventions, should have primacy over human rights law for ensuring that military operations are conducted lawfully.
The Government are considering the options available to safeguard the ability of the Armed Forces to do their job, as I have said. Among our key objectives, we want to ensure that our service personnel are not pressured to become unduly risk-averse by the prospect of unmeritorious legal harassment, and that commanders can take necessarily rapid and often high-risk decisions. We are currently looking into a number of areas, including examining different areas of legislation where changes could be made and what more we can do to support our Armed Forces personnel and their families. We have established a programme to look at the different ways we can reduce the cost and volume of litigation against the MoD to ensure that our Armed Forces continue to operate unimpeded. The Queen’s Speech included a clear commitment to bring forward proposals for a Bill of Rights to replace the Human Rights Act. We are actively working with the Ministry of Justice on the shape of the Bill to ensure that our Armed Forces can operate effectively in armed conflicts without overzealous constraint.
In addition, the Government are concerned to ensure that the extent of the doctrine of combat immunity is clear. We continue to defend the doctrine vigorously. As I mentioned, a number of high-profile test cases are going on. I reassure noble Lords that the doctrine of combat immunity continues to apply to those taking decisions in the heat of battle.
Lord Bilimoria
I thank the Minister for the very positive response to the points we raised, but the covenant was enacted in a way that was never done before. It is now reported on every year. It is a very positive measure. Why is it not possible for this huge issue to be incorporated in this Bill to protect the immunity of our troops, to allow them to fight with confidence and not worry about lawyers chasing them?
Earl Howe
My Lords, as I said, and I hope the noble Lord will agree, it is very important that we get this right. I was reassured by the comments of the noble and learned Lord, Lord Walker of Gestingthorpe, who said he did not feel personally that this was the right Bill in which to enact any changes. I am as eager as the noble Lord, Lord Bilimoria, to see this matter sorted out and I have no doubt that we can return to it in Committee—in fact, I think it would be useful to do so—but I am not yet persuaded that we are in the right place to legislate in the time available to us for the Bill.
The vast majority of UK service personnel have conducted themselves highly professionally and have acted in accordance with policy and legal obligations. However, in the context of the work done by the Iraq Historic Allegations Team, or IHAT, which has been mentioned by a number of noble Lords, the law requires that allegations that crimes have been committed by members of the UK forces should be investigated. In our view, the IHAT is necessary, given the unprecedented number of allegations. Having this independent investigative body has enabled us to defeat the claimants’ attempt to persuade the court to order a single public inquiry, which would have taken many years and costed an estimated £200 million. The IHAT investigations can be completed more quickly and cheaply, ending sooner the uncertainty faced by service personnel.
It is true that the IHAT’s investigations have not yet resulted in any prosecutions. However, it has completed a number of investigations. The lack of prosecutions is because in some cases the evidence showed that no criminal offence was committed, while in others the evidence did not meet the domestic test for bringing a prosecution. It has taken a long time because it is far more difficult to carry out investigations into events in Iraq then events in England. Witnesses are often difficult to locate and to interview. The solicitors representing those claimants have also been extremely unco-operative, even though they called the investigations in the first place. I can assure the House that the IHAT is getting on with its job as promptly and professionally as it can. I urge the House not to interpret the absence of any measures on this in this Bill as an indication of our intent to do something. Work is in hand and we will set out proposals as soon as we are able.
Lord West of Spithead
Will the Minister say something about the firms, one of which, Leigh Day, has, I think, gone through the Solicitors Regulation Authority already, and PIL? Where do we stand in terms of what has been going on in Iraq with what is loosely termed “ambulance chasing”?
Earl Howe
These are matters currently under scrutiny. The firms that the noble Lord mentioned are, I understand, being quizzed by the regulatory authority for the solicitors’ profession. I am not aware of the outcome of those proceedings, but the noble Lord is right to pinpoint the issue of the way in which those firms received their instructions in the first place. That is a matter that we are as keen to get to the bottom of as he is.
Lord Thomas of Gresford
Can the Minister update us on the International Criminal Court preliminary examination? Where are we with that?
Earl Howe
I fear that I cannot. I will need to write to the noble Lord about that and I will be happy to do so.
I extend thanks, briefly, to the noble and learned Lord, Lord Brown of Eaton-under-Heywood, for his contribution. I will not attempt to answer all the points he made, but I reassure the House again that these issues are under active consideration with the MoD and very recently, as I am sure the noble Lord, Lord Bilimoria, will be pleased to know, by the National Security Council.
My noble friend Lord Freeman was concerned that service personnel overseas might be subject to the criminal law of the host nation. We take steps to ensure that, before members of the Armed Forces are deployed overseas, arrangements are made with the host nations to ensure that the conduct of those forces in the course of their duties will not be subject to criminal proceedings under the criminal justice system of the host nation. Allegations of criminal misconduct will be dealt with under UK law, under the system established by the Armed Forces Act 2006.
The noble Baroness, Lady Taylor of Bolton, spoke of the need to do more about publicising data on sexual offences. While we are not yet convinced that it is necessary or appropriate to set out requirements in legislation for the publication of this data, the department is determined to make the data that we publish robust, consistent and accessible. To that end, we are actively considering how best to publish the data as an official statistic. The Service Police Crime Bureau records, for all three services, allegations of rape and sexual assault made to the service police. This information is released regularly in response to Parliamentary Questions and FOI requests. In the case of the latter, the information is uploaded to the MoD’s online publication scheme, where it can be freely accessed.
The Service Prosecuting Authority records, for each year, the number of cases referred to it, the number of cases in which charges are preferred and the number of cases where a conviction is secured. The Military Court Service regularly publishes, on the internet, details of every case heard at the court martial, including offences, outcomes and punishments. There is, therefore, a clear picture of the extent of this type of offending within the services, giving a strong indication of the proportion of case referred from the service police to the Service Prosecuting Authority which were prosecuted, and the conviction rate in such cases.
The noble Lord, Lord Touhig, also touched on the subject of sexual offences. It hardly requires me to emphasise—but I will—that sexual assault is unacceptable, in wider society or within the Armed Forces. At present, a whole range of allegations covering most sexual offences must be reported to the service police by the commanding officer. They can also be reported by the victim direct to the service police and, of course, the service police can investigate on their own initiative, but there are some, such as sexual assault, which are referred back, at least initially, to the CO. The Bill changes that. Where the service police have investigated any sexual offence and there is sufficient evidence to charge, the service police will be required to refer the case direct to the Service Prosecuting Authority. That is provided for in Clause 3. I will be happy to write to the noble Lord with further details around some of the questions he asked on this.
The noble Lord, Lord Thomas, took us to the whole system of courts martial and the service justice system. I should explain, in answer to the broad thrust of his question, that there is already a prosecutors protocol in place between the Director of Public Prosecutions, the Director of Service Prosecutions and the Defence Secretary which sets out the principles to be applied in determining where a case is best dealt with if the conduct occurred in circumstance such that both the civilian criminal justice system and the service justice system have jurisdiction to deal with the case. The protocol recognises that any offence can be dealt with by the service authorities.
The main principle in deciding whether it is the service authorities or the civilian authorities which acts is whether the offence has any civilian context, especially a civilian victim. If it does have a civilian context, it will almost certainly be the civilian police, prosecuting authority and courts which deal with the case. Under the protocol, many cases involving service personnel are dealt with by the civilian police. The service police are able to investigate, but if the circumstances are such that it is considered more appropriate for the civilian police to do so, then they will take the lead. We expect the prosecutors protocol to continue to apply even after the draw-down of forces from Germany, so that cases will continue to be dealt with in the appropriate jurisdiction from the outset.
Of course, we must not lose sight of the fact that the UK civilian police do not have jurisdiction overseas, and as long as the Armed Forces have an overseas role we will need to have a justice system which is capable of functioning extraterritorially and which supports the operational effectiveness of the services. The noble Lord also asked—
Lord Thomas of Gresford
The noble Earl will know that murder is under universal jurisdiction. Do I take it that murder cases arising out of the IHAT investigations, for example, will be referred to the civil court or to courts martial in this country?
Earl Howe
My Lords, as I said, there is a protocol which lays down pretty clear guidelines as to how individual cases are handled. I do not think I can give a blanket answer to the noble Lord; it will depend on the circumstances of the case.
He raised other points, including the composition of courts martial and majority verdicts—a theme also pursued by the noble Lord, Lord Burnett. The proposal to change the current rules under which findings of guilt or innocence may be by simple majority would involve profound changes to the court martial system. The court martial may sit in the United Kingdom or anywhere in the world in times of peace or in conflict. Court martial trials may be decided, as in a magistrates’ court, by a small panel, usually of three officers and warrant officers, but a panel of five is required in more serious cases. A service defendant will ordinarily be tried by lay members wholly of his own service. The composition of the panel is determined by the court administration officer who is appointed by the defence counsel. The CAO will draw names at random from a pool of potential members and, having checked that they are eligible for membership of the particular board, will specify who the lay members should be. I would like to write further to both noble Lords to flesh out this whole issue but the great advantage of reaching a decision by majority is that it avoids a hung jury and there is no need for a retrial in the event of a lack of unanimity or qualified majority. As the noble Lords will know, this is a long-established process.
The noble Lords, Lord West and Lord Empey, the noble Baronesses, Lady Taylor, and Lady Jolly, and others raised the issue of mesothelioma. The background to this was the announcement by my honourable friend the Minister for Defence Personnel and Veterans in December that veterans diagnosed with mesothelioma from that date would have the option to receive a £140,000 lump sum, to be paid from 11 April this year. I simply say that the Government understand the concerns that have been voiced in this debate and I can tell the House that work is actively continuing on the matter of those diagnosed before 16 December last year. While I cannot discuss that issue any further today, we hope to be in a position to say something soon.
The right reverend Prelate the Bishop of Portsmouth, my noble friend—
Lord West of Spithead
I am sorry to intervene. That sounds very good news but I stress again that three to five people are dying each week. That is the only point I make.
Earl Howe
That is a very pertinent point to make and the Government are fully aware of the need to make speed as far as we can.
The right reverend Prelate the Bishop of Portsmouth, my noble friends Lady Hodgson and Lady Scott, and the noble Lords, Lord Ramsbotham and Lord Judd, all referred to the importance of service families. The families of our Armed Forces personnel play a vital role in enabling them to do the job that they do, for which the Government are extremely grateful. We have already taken a number of important steps to that end, but, following feedback, we have started to develop a new UK Armed Forces family strategy to review and improve the support we provide to families. That will be launched by the end of 2016. I could say a huge amount on the topics covered by my noble friend Lady Hodgson, especially on housing and veterans’ mental health, but the key question she posed, which I will briefly address, is how well we think the covenant is working.
At the start of the year, we consulted all three single services to understand how they perceived they were disadvantaged. The result has been a comprehensive assessment of delivery in the five key areas of healthcare, local services, spouse employment, education and commercial support. We have also undertaken a challenging package of work to check that our processes and procedures are working. The results were clear: the covenant is working but we need to make it clearer and easier for members of the Armed Forces community to access the support that is available, and delivery is not uniform. We are also aware that we need a mechanism to identify and address localised problems. Better metrics will help and for the first time the Armed Forces covenant annual report includes assessments of our performance in a number of areas. But we also need to be able to measure how the covenant is working at a local level, so the Ministry of Defence will continue to work with other government departments and the devolved Administrations and relevant charities to identify and develop relevant data.
I hope the noble and learned Lord, Lord Brown, and the noble Baroness, Lady Jolly, will forgive me for not addressing the points they made about the Armed Forces Compensation Scheme. As time is short, I will write to them on that. I would, however, like to make two points in response to the noble Lord, Lord Ramsbotham, who indicated that the MoD has no clout with other departments and that the covenant is in danger of fading from the public eye. First, this year the Prime Minister will personally take the helm of the Home Affairs (Armed Forces Covenant) Sub-Committee and ensure that departments work together effectively. Secondly, the Government have committed to a £10 million annual fund in perpetuity to support delivery of the covenant. The existence of that fund will surely keep it in the public eye.
Lord Ramsbotham
I thank the Minister for that. My main point was that if the statement is made verbally then we will have a chance every year to maintain momentum and make certain that all these issues are pursued.
Lord Empey
My Lords, I am in favour of annual reporting and we pushed that hard last time. I mentioned that the Northern Ireland Executive have failed to make a report. Therefore, that opportunity for Parliament to scrutinise what is happening with a reserved and excepted function, which will never be devolved, is no longer available. I raised this at the last occasion and would be most grateful if the Minister will ask his department to look at it. I fear that it is only a matter of time before something goes wrong.
Earl Howe
I will, of course, take that away as well. I simply say that delivery of the covenant extends to the whole of the UK and that there is money to underpin that in Northern Ireland. The annual report includes input from the Welsh and Scottish Governments and the Northern Ireland Executive. It is important that we continue to work together to ensure that there is universal support for the Armed Forces wherever they work and live, and that must extend to Northern Ireland. In 2013, the Select Committee on Northern Ireland Affairs assessed that over 93% of covenant measures applied in Northern Ireland. It is sensible that in 2016 we update our assessment of how the covenant is being delivered there and I assure the noble Lord that that will be a priority.
I hope that noble Lords will forgive me for not covering the other things I would have liked to cover. The noble Lords, Lord Campbell of Pittenweem and Lord Young of Norwood Green, and the noble and learned Lord, Lord Brown, referred to Clause 14 and I welcome their comments. My noble friend Lord Attlee referred to women in combat roles and the blurred distinction—as he put it—between the regular and the reserved services.
The noble Lord, Lord Judd, and the noble Baroness, Lady Jolly, referred to the recruitment of under-18s and in particular how they were missing out on education. The noble Baroness also spoke about Gulf War syndrome and a range of other subjects, including the commanding officer’s discretion to investigate sexual assault, and the independent oversight of service police. I promise to include these and other matters in letters to noble Lords which I will copy to everybody. I also hope to follow up the important comments made by the right reverend Prelate the Bishop of Portsmouth on service chaplains. The same applies to my noble friend Lord Lyell in answer to his questions about Gibraltar and the British Overseas Territories.
This is a good Bill. It is small but it does what it needs to do. I am greatly encouraged by the welcome that noble Lords have given it today and I look forward to Committee and the exchanges that that will undoubtedly bring. I beg to move.