Armed Forces (Flexible Working) Bill [Lords]

Ian C. Lucas Excerpts

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

[Sir Michael Fallon]

I have made it clear that the Army faces a recruitment challenge as the economy continues to grow. The Army is about 95% recruited and I am told that Sandhurst places are now filled for the coming courses, but we need to do more. We need to continue to ask ourselves why we are not attracting some of the people we want to attract.

Flexible working for the armed forces is principally about recruitment and better retention. I want to emphasise that this is not a method of saving money. So what does the Bill do? There are two main provisions. Clause 1 makes amendments to section 329 of the Armed Forces Act 2006, which makes provision regarding terms and conditions of enlistment and service. Service personnel will be able to temporarily reduce the time they are required for duty—for example, by setting aside one or two days a week on which they will not work or be liable for work—or to restrict the amount of time that they spend separated from their normal place of work. The amendments extend the existing regulation-making powers in section 329 to allow the Defence Council to enable forms of part-time service and protection from being separated from a home base for prolonged periods for people serving in the regular armed forces. Clause 1 also enables regulations to be made about the circumstances in which these new arrangements can be varied, suspended or terminated.

[Ian C. Lucas (Wrexham) (Lab)]

I represent a constituency with a long and proud military tradition. I recently tabled a parliamentary question to ask for the number of people from my constituency who had recently been recruited to join the armed forces, but I was surprised to be told that that information was not held centrally. That seems absolutely extraordinary. It is important that our communities should be linked in to the armed forces and that we should know what sort of connections our constituencies have with them. Will the Secretary of State please look into this and check again whether that information is held centrally? If so, please could he let me know how many of my constituents want to join the armed forces?

[Sir Michael Fallon]

I understand the hon. Gentleman’s concern, but there is nothing sinister about this. Different regiments recruit in different ways, and my understanding is that the data are not collated on a constituency basis. However, I would be very happy to have another look at that.

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[Nia Griffith (Llanelli) (Lab)]

I echo the Secretary of State’s words about the outstanding professionalism of our armed forces and our huge indebtedness to them. I want to make it clear at the outset that Labour supports the Bill in principle. Our scrutiny and questions will be in the spirit of seeking clarification and improving it, rather than opposing it. Furthermore, given that the Bill was introduced in the other place, some of our initial concerns have already been debated and clarified to some degree, which will help to expedite its passage in this House.

I am grateful to my good friend Lord Touhig, who speaks for the Opposition on defence matters in the other place, for his excellent work on this Bill. I am particularly grateful to him for pressing an amendment, which I am glad that the Government have accepted, as the Secretary of State confirmed, to ensure that the finer detail that is introduced in subsequent regulations will be subject to the affirmative procedure. In other words, we will get the opportunity to scrutinise any delegated legislation, which is an important safeguard because the devil is so often in the detail. Having set such a good example, I wonder whether the Secretary of State could prevail upon his colleagues in the Department for Exiting the European Union to accept amendments to provide the same sort of transparency on important matters such as workers’ rights and environmental protections in the European Union (Withdrawal) Bill.

Returning to the Bill in hand, the title is somewhat confusing at first sight, because the term “flexible working” already has connotations, usually referring to a situation where contractual hours remain the same but there is the opportunity to vary starting and finishing times or to work from home. This Bill is not about the right to request that sort of flexible working. That opportunity already exists for the armed forces, as do maternity and paternity leave and the opportunity to request a period of unpaid leave to undertake study, for example. The purpose of this Bill is to allow members of our armed forces to request to work for a defined period in a part-time capacity with the necessary contractual changes that that would entail and/or to request limits to separated service—deployment—for defined periods. As I have said, we welcome this Bill, because we support effective ways of improving conditions for those who serve in our armed forces, and we also want to enable the forces to draw from the widest possible pool of talent when recruiting personnel to serve.

We all recognise that the complexities of modern life mean juggling work and home responsibilities, and childcare arrangements are often complex when both parents work full time. In such circumstances, it does not take much to upset that delicately balanced situation, and the emotional turmoil of learning that a child, partner or parent is seriously ill is compounded by practical difficulties, which might mean frequent medical appointments or a stronger parental presence in the home. Many of us have faced such situations. For me, it was when I was very young, before I started my first job, when I stayed at home to look after my father and teenage sisters and nurse my mother through her terminal illness. Family issues are all the more complex for service personnel, with the expectations of constant readiness and deployment, and it is understandable that personnel sometimes feel forced to give up the service they love for civilian jobs that offer greater flexibility. However, it makes no sense to lose someone simply because they need a more flexible working arrangement for a specified time after all the investment that has gone into their training. That is where this Bill comes in, offering the possibility of consideration for part-time hours or limits to separated service. We agree and understand that there must always be regard for operational capability when assessing requests for such working.

There is a recruitment and retention crisis in our armed forces. The reasons why personnel leave are many and complex, but the 2017 armed forces continuous attitude survey found that the impact on family and personal life remains the top reason for leaving. A third of personnel have said that an option to work part time would strengthen their intention to stay, and a similar proportion say that an option for reduced separated service, including operational deployment, would make them more likely to remain in the forces. If the options available through the Bill can help to retain some of those personnel, that would clearly be beneficial.

I understand that assurances were given in the other place that the fact that someone had availed themselves of the opportunity to work part time would not count against them for promotion, and that assessment of applicants would be made on the basis of their skills, experience and future potential, regardless of any period of part-time or geographically limited working. That is vital to ensure that our services do not miss out on excellent candidates simply because they have taken a period of part-time work and that personnel are not disadvantaged. It is also important because we may find that women in particular will avail themselves of this part-time option, and we want to see more women not only recruited into the services, but retained and reaching senior ranks. Treating with parity those who have opted to take a period of part-time working will need more than a policy about its not affecting promotion prospects; it will need a cultural shift.

I also understand that assurances were given in the other place that personnel availing themselves of the options in this Bill would not lose their service accommodation. Clearly, a period of family difficulty is not a time to have any additional worries about accommodation. I would therefore be grateful if the Under-Secretary of State for Defence, the right hon. Member for Bournemouth East (Mr Ellwood), could provide additional assurances in both those areas when he gets to his feet at the end of today’s debate and explain how he proposes to engender the cultural shift that will be required.

[Ian C. Lucas]

Does my hon. Friend agree that many of the welcome initiatives in the Bill are being undercut by the increasingly strong movement of the armed forces to the M4 corridor and away from local communities? In my constituency, for example, the local Royal Electrical and Mechanical Engineers headquarters is being shifted from north Wales to Bristol. The armed forces are maintaining fewer and fewer connections with local communities.

[Nia Griffith]

I share my hon. Friend’s concern. If we see the likes of REME in Wrexham and Prestatyn close, opportunities for the whole of north Wales will effectively be withdrawn. That will impact badly on recruitment to our reservist forces and lead to the loss of buy-in from those communities, both of which are serious issues that need addressing.