Armed Forces Bill

Jim Shannon Excerpts

Ping Pong: House of Commons
Wednesday 11th May 2016 Commons Chamber

[Toby Perkins (Chesterfield) (Lab)]

I thank the Minister for updating the House on the impressive medal haul for our Invictus games team: long may their successes continue.

Like the Minister, I do not intend to detain the House unduly, as there is considerable consensus in this area, but I want briefly to record our support for the Lords amendments to the Armed Forces Bill. It is always pleasing and reassuring when we reach consensus not only on both sides of this House, but with the other place, particularly when dealing with such important matters as the welfare of our armed forces personnel. The safety and security of our nation rely on the commitment, courage and patriotism of our armed forces personnel. We owe them a considerable debt of gratitude. It is only right that we continue to update the law to ensure that we protect their safety, security and well-being, as we look to them to protect our own.

We are therefore pleased to support Lords amendments 1 and 2. The amendments are technical in nature and will limit the regulation-making powers in new sections 304D and 304E of the 2006 Act in respect of the recognition of assistance by courts martial in sentencing, which the Minister went into in a little more detail.

We welcome the commitments that the Government made on Report to publish data relating to sexual assault in the armed forces in a clear format; conduct an independent review into the implications of, and potential benefits of, the removal of commanding officer discretion to investigate sexual assault; and review the compensation levels paid to injured service personnel, particularly the most seriously injured and those who suffer mental ill health. Although the Opposition originally called for those measures to be included in the Bill, we are very pleased that the Government are prepared to make the concessions outside the statutory framework. I commend my colleagues in the other place, particularly the noble Lords Touhig and Tunnicliffe, for continuing to push for those concessions.

We are therefore pleased to support the Lords amendments.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her speech today on the conclusion of our consideration of the Bill. I thank her for the leadership she has provided and thank all those who have supported the Bill. We very much appreciate the House’s commitment and dedication to our soldiers, sailors and airmen.

I will make one quick point and do not intend to delay the House. It is gratifying to see that the centrality of the role of the commanding officer is still recognised in the Bill. That they are being offered assistance and legal clarification through the Lords amendments should be welcomed by everyone in this House. However, we must never lose sight of the fact the relationship between soldiers, sailors and airmen and their commanding officers must remain sacrosanct and must not be eroded by litigious shifts towards independent judicial oversight. I appreciate that the Minister has included that in her amendments.

We must continue to trust the men and women who are in command of their units in peacetime and on operations. That lies at the heart of the bond between them and the service personnel under their command, whether aboard their ships, in their regiments or on their air stations. We tinker with that at our peril. I thank the Minister for her commitment.

[Kirsten Oswald (East Renfrewshire) (SNP)]

I join the Minister in congratulating those who are participating in the Invictus games.

The SNP has a strong focus on supporting the work of the service personnel who make up our armed forces. We have made constructive and positive progress in Committee and in the Chamber. It is important that we use every available opportunity to examine and assess both the structures and the outcomes for members of our armed services.

We were pleased about the Government’s concession in the other place last month, when they agreed to a review to consider removing the discretion of the commanding officer to investigate allegations of sexual assault. The accuser and the accused would both benefit from any added transparency in such challenging situations.

The SNP supports Lords amendment 1. There was significant discussion in Committee about the most appropriate way to modernise the mechanics that lie behind the matters that are dealt with in clause 10, namely the review of a sentence following an offer of assistance. A person who has been sentenced by court martial may have their sentence reviewed to take account of assistance they have given or offered. The reviewing court may reduce the sentence in return for the offer of assistance. Additionally, subsection (8) allows a person whose sentence is reviewed to appeal against a court martial decision. The director of service prosecutions may also appeal against the decision. It is appropriate that fairness, transparency and good practice are central to service discipline proposals. Clause 10 appears to be a positive move in that regard.

In addition, we support Lords amendment 2, which relates to the provision that allows a sentence to be reviewed to take account of the failure by a person who has been sentenced to give the assistance that they had offered to an investigator or prosecutor in return for a discounted sentence. Again, clause 11 reflects the importance of additional transparency and clarity for service personnel, which we welcome.

We have a duty of care to our service personnel under the armed forces covenant, so it is vital that all measures relating to service justice are dealt with in terms of continual improvement, fairness and transparency. In relation to transparency and positive progress, it is worth noting that the SNP supports the Government’s promise that statistics on sexual assault and rape will be published before the summer recess. That is a topic to which I have returned several times in Committee and in the Chamber. It is vital that the statistics are published regularly in a consistent format and that the reporting includes all appropriate metrics, so that there is an opportunity to scrutinise the information properly and assess progress. If we do not have the regular opportunity to examine these statistics fully and consistently, many of the fine words spoken in this place are in the end simply words. I am encouraged that the publication of these statistics suggests that we appear to be making a positive step in the right direction towards greater transparency in service justice.

Lords amendment 1 agreed to, with Commons financial privileges waived.

Lords amendment 2 agreed to, with Commons financial privileges waived.

Sittings of the house (today)

Ordered,

That, at today’s sitting, the Speaker shall not adjourn the House until any message from the Lords has been received and any Committee to draw up Reasons which has been appointed at that sitting has reported.—(Dr Thérèse Coffey.)

Oral Answers to Questions

Jim Shannon Excerpts

Monday 18th April 2016 Commons Chamber

[Mr Brazier]

I am delighted to answer a question from the distinguished president of that squadron. Nearly two years ago, all gliding had to be suspended for safety reasons. We have been unable to find a contractor who could credibly take on the repair of the Vigilants, but the Vikings are all on their way up, together with a very small number of Vigilants. By 2018 we will be delivering a full programme of gliding, with an enhanced level of powered flying with more Grob Tutors, and that will start this summer.

[Jim Shannon (Strangford) (DUP)]

Some 5,000 service personnel who serve overseas have applied for postal votes. They tell me that by the time the postal votes are sent to the regiment, those serving overseas are disadvantaged. How will the Minister ensure that postal votes are received by those serving overseas who wish to vote?

[Mark Lancaster]

We partook in the Government-wide scheme launched on 1 February to try to ensure that our service personnel were aware that they could register, and we will do the same again through a defence information notice on the EU referendum that will be issued in May. Ultimately, it is down to individual service voters whether they register or vote.

Air Cadet Organisation and Gliding

Jim Shannon Excerpts

Wednesday 13th April 2016 Westminster Hall

[Dame Angela Watkinson]

I thank the hon. Lady for her contribution. The issue that she has raised about travelling distance and so on for air cadets is one that I myself will raise further on in my speech.

[Jim Shannon (Strangford) (DUP)]

I have already been in contact with the hon. Member for Hornchurch and Upminster (Dame Angela Watkinson) about this issue and I congratulate her on bringing it to Westminster Hall for consideration. In my constituency of Strangford, I have one of the RAF cadet squadrons, at Newtownards. However, it is the intention of the Minister and his Department that we will lose the opportunities for gliding at RAF Newtownards, which is operated out of Regent House School; the school has one of the largest cadet groups in the whole of Northern Ireland.

I will just make a point about cost. The cost of sending a student from Northern Ireland across to the mainland, which is the alternative to having the motor-glider in Northern Ireland, will be at least £80,000 for all those cadets, and it will cost £100,000, Minister, if the staff costs are added on to that. That is the price of a motor-glider that could be kept in Northern Ireland for 20 years. I say with great respect that the proposed change is not financially economical or viable. Does the hon. Lady feel that this debate enables the voice of people in Northern Ireland to be heard? If so, it will hopefully persuade the Minister to reverse his decision.

[Dame Angela Watkinson]

I thank the hon. Gentleman for his contribution and I will go on to talk about issues of funding and the value of investment in this activity, which will pay dividends in the future of the young people involved.

The concern about the Air Training Corps is the decline in cadet numbers, which were down 6.5% from 34,500 to 32,250 in the year 2014-15. That fall is predicted to become a 10% fall by April 2016 and is attributed, at least in part, to the declining opportunities for gliding.

The current air cadet gliding fleet comprises 81 Viking conventional—that is, winch-launched—gliders and 65 Vigilant motor-gliders. In 2014, a glider airworthiness review took place for assurance reasons. Colleagues will understand that all sports and physical activities carry a degree of risk, and demand the proper training of instructors and maintenance of equipment for health and safety. Gliding is likely to be quite high on the risk scale, for obvious reasons.

It has been decided that at least 73 Viking gliders will be recovered, but for reasons of practicality and value for money, only 15 Vigilant gliders will be brought back into service, with this residual fleet being retired in late 2019. That will leave 10 volunteer gliding squadrons out of the current 25, all operating the Viking. The 614 Volunteer Gliding Squadron—based at Wethersfield, near Braintree in Essex—will continue to operate; I was pleased to learn that, because it is the closest volunteer squadron to Hornchurch and Elm Park. Currently, the Wethersfield squadron serves a total of 55 air cadet units from as far away as Suffolk, Cambridge and London. The maximum reasonable travelling time from an air cadet unit to a volunteer gliding squadron is set at two hours, to avoid fatigue.

Given the reduction in volunteer gliding squadrons, the number of units using 614 VGS at Wethersfield is predicted to increase from 55 to around 135 or 140. A significant increase in the number of volunteers, instructors and staff living within reasonable commuting distance will be needed to sustain the squadron’s contribution to the current national total of 50,000 flights annually, or to achieve the uplift of 40% in gliding—to 70,000 flights annually—that is planned by the Air Cadet Organisation.

I hope that the Minister will be able to give an assurance that the 10 remaining volunteer gliding squadrons, including 614 Wethersfield, will have a secure future in terms of airfield availability. As he knows, gliders may only be launched safely with cables given suitable airfield infrastructure, taking into account local airspace constraints and other airfield users. All those requirements limit the number of suitable venues, and alternatives would be difficult to find. Sustaining gliding opportunities would prevent worsening of air cadet numbers and ensure a strong base of air cadets and potential RAF recruits. In 2014-15, the Air Cadet Organisation accounted for 33% of officer intakes and 18% of RAF airmen intakes. It will become an increasingly vital source of high-calibre recruits with suitable experience and values for the service.

Common sense tells me that gliding is not only an exciting activity, but an expensive one. I am sure that budgetary constraints must play their part in decision making, but gliding is a worthwhile investment. Air cadets are the next RAF personnel. Alternatively, they might use their transferable skills acquired as cadets in other occupations, whether technical or engineering, where they will play their part in society and set an example to others. I hope that my hon. Friend the Minister will be able to give assurance to the air cadet gliding organisation that there is a secure future, albeit with a reduction in size, so that it can attract young people to join the Air Training Corps knowing that gliding opportunities will be included in their activities.

--- Later in debate ---

[Mr Brazier]

If I may, I will come back to my hon. Friend’s intervention towards the end of my speech.

In November, I had the privilege of watching the cadets from 1838 (Elm Park) Squadron—it is based in the constituency of my hon. Friend the Member for Hornchurch and Upminster—march proudly alongside the Royal British Legion at the Lords Mayor’s show. They are great ambassadors for the air cadet corps and for the future of the Royal Air Force. It is a sobering thought that some of the pilots who saved this country in the battle of Britain were the same age as some of the oldest cadets. Since I took over as Minister for cadets last autumn, I have been lucky enough to visit air cadet units from places as far apart as Perthshire and south London, and I have been consistently impressed by the cadets’ spirit of adventure, leadership and good citizenship skills and by the quality and dedication of their instructors.

Let us be clear that the recent restructuring of air cadet gliding is not a cost-cutting exercise. The Air Cadet Organisation remains hugely valued and the Royal Air Force is fully committed to offering flying training to all air cadets. My hon. Friend acknowledged that an in-depth audit of glider engineering in 2014 made it clear that the Vigilant and Viking fleets were not airworthy. The decline in numbers that she referred to reflects the fact that for nearly two years there has been no gliding in the air cadets. Indeed, almost half the air cadets I met recently at a 75th anniversary celebration event had not been in the air at all.

The blunt truth is that we were unable to find a sufficiently reliable contractor with the capacity to take on the bulk of the Vigilant fleet. Faced with no viable option but to draw it right down in the way that my hon. Friend described, we are increasing spending to get almost all the Viking gliders back into service, as well as offering an uplift of more than 50% in air experience flights. In addition, we can offer some excellent synthetic training through the generosity of the RAF Charitable Trust, to which I am most grateful. Let me reassure hon. Members that, following my recent announcement on the relaunch of air cadet gliding, we will get back to a position where all air cadets across the country have the opportunity to fly gliders and to participate in Grob Tutor air experience flights.

[Jim Shannon]

The cadets in Newtownards in my constituency operate out of Ards airport, where there is a lot of experience, skill and ability, which could provide the background technical expertise that is needed. Has the Minister considered offering such opportunities outside the circle of companies that could look after the gliders? In Ards airport we have that ability, because there are already gliders there.

[Mr Brazier]

I am looking forward to the hon. Gentleman coming to see me shortly. I should say that we are setting up an air experience flight of powered aircraft in Ireland. Northern Ireland will be getting one of the two new offerings of air experience flights with Grob Tutors.

I appreciate that the loss of any volunteer gliding squadron will be disappointing, not least for the volunteers, who selflessly give their time to help to support and develop our young people, but it was essential to look again, given the grim background of what has happened with the gliders. Decisions have not been taken lightly or in haste, although when I took over, finding a resolution to this issue was my top priority from the cadet angle. I have taken advice from RAF experts, who are extremely committed to solving the issue. It became clear that our most sensible option in resuming sustainable cadet flying would be to provide a reduced glider fleet operated by fewer, but larger regional volunteer gliding squadrons. That was not an easy decision, but I believe it was the right decision.

While it is true that we are having to draw down the fleet of Vigilants, we are refocusing the resource on reinvesting for the future of the remaining volunteer gliding squadrons. We are extending the life of the Viking gliders by heavily rebuilding them. We are also building much improved infrastructure. Where cadets will have to travel longer distances, investment is being increased to include good quality residential accommodation for cadets and staff during weekends and camps.

I have been to see what will be the new Scottish centre of excellence at Kirknewton. The gliders will be as good as new. We have new winches for them. We have enhanced synthetic training, which we should remember means that each cadet does not have to spend the whole day waiting for their one go on the glider. The simulators really are good. I made a bit of an idiot of myself trying to fly a glider on a simulator, but they are remarkably realistic, and they are in addition to, not instead of, flying. There will also be a major uplift in the Tutor powered aircraft, with an increase of more than 50%, from 40 to 70, including the two additional new air experience flights.

Clydebank Blitz Anniversary

Jim Shannon Excerpts

Tuesday 15th March 2016 Commons Chamber

[Martin Docherty-Hughes]

I know he knows my constituency, especially Clydebank, very well. The bonds forged with the Polish nation on those March evenings will be for ever in the memory of my community and the whole of Scotland.

At 9 pm on 13 March 1941, as the wireless introduced the nightly news, over 40 air-raid sirens gave the call to shelter. At that moment, on the western fringe, the small yet not insignificant town would be held in the sights of the Luftwaffe.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Gentleman for bringing this debate to the House and for the service in St Mary’s Crypt today. It was a very poignant occasion. I think that starting this debate with the names of all those people really focuses attention.

We in Northern Ireland share the pain that Clydebank has suffered when it comes to remembering the blitz. Belfast was second only to London in lives lost in the blitz. Does the hon. Gentleman agree that nationally—today’s church service provides an example—we must ensure that the story of the blitz is remembered and commemorated so that future generations know the ultimate pain and sacrifice of war, and what extremism can lead to?

[Martin Docherty-Hughes]

I am grateful to the hon. Gentleman for his kind words, and I extend them to the people of Northern Ireland and particularly Belfast who suffered greatly. It was commendable when at the weekend I was joined by my close friend and colleague, the Member of the Scottish Parliament, Gil Paterson and we were indebted to the First Minister for being the first ever Head of any Government to attend the mass grave of Clydebank.

Commonwealth War Graves Commission: Pension Fund

Jim Shannon Excerpts

Monday 29th February 2016 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Gentleman for bringing this matter to the House. The number of Members present in the Chamber is an indication of the importance of the subject. In my constituency, we have between 60 and 70 war graves, which are looked after by the War Graves Commission, and they are very important to us in Strangford. What concerns me is the need to have the pensions and the wages correct across the whole of the Commonwealth, not just in the United Kingdom. Does he think that we should look after those graves in the Commonwealth as well as in other parts of the world?

[Chris Stephens]

I thank the hon. Gentleman for his intervention, and I agree with him.

To recognise the special nature of the job, the loyalty of staff and the financial sacrifices staff have made over the years, the commission has held a final salary pension scheme, ensuring financial security for staff who have spent their lives in dedicated service to the commission. The terms of this scheme are good with a low employee contribution, a spouse’s pension, death in service and lump sums based on final salary—40/60ths. That reflects the fact that the pension has traditionally been one of the most important conditions of service, recognising years of dedication and loyalty.

In December 2014, however, the CWGC announced the intention to close the final salary pension scheme in April 2016 and move staff to a far less favourable defined contribution scheme, the Group Pension Plan. The terms of this scheme are much higher employee contribution, lower employer contribution and less of a pension pot at the end. The changes will see a drastic reduction in the pensions of 180 long-serving staff, with some losing more than £6,000 for every year that they draw their pension. The introduction of the new pension will also see a reduction in employer contributions from the current 22.4% of salary to a limit of “up to 15%”. On average, employer contributions will likely be much lower as the 15% rate can be reached only when employees significantly increase their contributions in turn. That came just two years after the Commonwealth War Graves Commission had closed the final salary scheme to new entrants, promising:

“Closure of the scheme to new members does not have a negative impact on the funding of the existing pension scheme…The current pension scheme remains in a relatively strong surplus position when assets and liabilities are calculated on a long term actuarial basis.”

Defence Procurement

Jim Shannon Excerpts

Wednesday 13th January 2016 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Gentleman for giving way, and it is good to see the Minister in his place. I look forward to a very positive response from him, because we have discussed this matter before. The hon. Gentleman is right. Defence is very important to our economy in Northern Ireland, where it provides high-tech, skilled jobs for the workforce. It is important that defence procurement is equally shared across the whole United Kingdom of Great Britain and Northern Ireland, and that regions such as mine can receive the benefit. If that is done right, we all benefit.

[Mr Carswell]

The hon. Gentleman makes a powerful point. I have to say that I am a little nervous about looking at the defence budget through the prism of what it means for jobs. Clearly that is important, but the defence budget’s primary purpose is surely not to act as some sort of Keynesian demand stimulus for a regional economy, but to make sure that our armed forces have the equipment they need to defeat our enemies and keep us safe.

[Jim Shannon]

We already have established companies in Northern Ireland that deliver the best and give value for money. The point I am trying to make is that they could do more if defence procurement was regionally spread.

[Mr Carswell]

I agree. If we allocated the defence budget on the basis of value for money, I am sure companies in Northern Ireland would get an enhanced share. However, if we create a system where public money is allocated on the basis of something other than value for money, we open the door—the revolving door—to lobbying and all sorts of nefarious influences. Not only is that bad in itself, but it has negative consequences in terms of giving us value for money as part of what will, by definition, always be a finite budget.

Those in the defence establishment will claim that providing Britain’s defence protection base is a strategic industry, and of course our defence industry is a strategic industry. However, they seek to justify giving privileged contractors the privileges they get on the grounds that that maintains our defence industry and that it is critical to our national security. However, let us assess that argument a little further.

The idea that Britain is self-sufficient in defence production is a myth. We need to import defence equipment and materiel. We did so throughout the last century, and it is thanks to our ability to do so that we won wars we would not have otherwise won. In fact, during the Napoleonic wars, we imported materiel and equipment from overseas through Harwich, near my constituency, to ensure that we prevailed in that struggle. Not for centuries have we been entirely dependent for our defence on equipment produced exclusively on this island, and it would be naive to assume we ever could be.

Today, British defence manufacturers cannot produce equipment without international support. There are few systems anywhere—from mobile phones to jets to missiles—that can be built and manufactured without some sort of international trade. I would say that that is a good thing. International dependence and complex international supply chains are a good thing; apart from anything else, they help to keep the peace and to enhance international co-operation. However, many supposedly British procurement options, which are sold to politicians, civil servants and Ministers as the most British option, actually mean we end up being ever more dependent on other Governments.

Let us take the example of the RAF’s new transport plane—the Airbus A400M. It is partly manufactured in the UK, and a very good thing that is too—I do not denigrate that at all. But it has a shorter range, a lower top speed and a smaller payload than the comparable Boeing C-17 Globemaster, and it is considerably more expensive to boot. However, here is the really shocking thing: if we bought the C-17, we would need the support, compliance and good will of only one Government—the United States Government. But the A400M option requires the compliance and support of the Governments of France, Spain, Belgium, Germany and Turkey, as well as that of the United States. The supply chain is even more interdependent. Far from giving us so-called sovereignty of supply, the A400M is an example of procurement that is protectionist and, at the same time, makes us more dependent and less operationally sovereign.

Defence protectionism has also created a contractor cartel. In an attempt to prop up the defence industry, successive Governments have promoted the supply side and consolidated it. That has created what economists call—this is a rather clumsy term—a monsopoly, which is a monopoly of supply. That means that a limited number of suppliers, not the state, control the terms of trade. Britain is paying over the odds because a tiny group of producers sets the terms of trade.

Big business is not the only vested interest that distorts procurement, either. Perhaps inevitably there is inter-service rivalry, so that projects serve the interests of different sectors rather than the defence interest overall. We have unenforceable anti-lobbying rules, which mean that former defence personnel can pursue what I would regard as inappropriate contacts on behalf of clients, without censure. Protectionist policy and those various crony corporate vested interests are undermining our national security. They are preventing our nation state from being able to turn whatever fiscal power we have into military muscle. We are simply being less efficient than we ought to be. We need a procurement policy that puts the national interest first and allows us to convert the fiscal power that we have into the maximum possible military muscle.

A few weeks ago, the UK Independence party parliamentary resource unit published an excellent paper called “Rethinking Defence Procurement”, in which we set out some ideas and suggestions—I think they are rather sensible, soft suggestions—on what we can do to get things right. First we suggest that the default—though not the exclusive—approach should be to buy a weapons system off the shelf. I grant that there are some weapons systems that we need to make in-house; we need that capability. However, if we want the best value equipment possible we need to be prepared to buy off the shelf.

It would be perfectly possible for us as a nation state to build smartphones that would be manufactured exclusively in the United Kingdom. Probably, they would be the size of a brick, there would be a waiting list for them and they would run on clockwork. It makes much more sense for us to buy smartphones that are the result of international co-operation, with chips built in South Korea, design from California and software from India. International co-operation enables us to have smartphones with a higher level of technology for less cost every year. We should apply a similar principle to defence procurement. We might think of off-the-shelf procurement as being almost like urgent operational requirements—which I know the military rather like. In other words, the military can buy what it wants, from whom it wants. We can think of it as an urgent operational requirement, but without the guddle and the rush.

Secondly, we need to start consolidating not the supply side but the demand side. By working with our allies we could initiate joint procurement projects. That is not a case of our building and manufacturing things jointly; that would be a supply solution. Rather it would be a matter of putting in procurement bids collectively with our allies, ensuring that in many areas we would have a buyers’ market, where the buyers collectively could set the terms of trade. We could do that with a number of countries—not just European countries and NATO members but countries such as Australia and India. If they and we needed a weapons system, why not put in joint procurement bids with our Anglosphere allies? That would drive down prices and ensure both we and our allies got better value for money.

Thirdly, I would like Parliament to have real oversight of the procurement process. Instead of just reviewing the annual report from the Ministry of Defence, the Select Committee on Defence should be required to oversee and authorise major projects. We should take back as a Parliament the power to scrutinise what the Executive spend on our account. Specifically in relation to defence, the Defence Committee should be required to approve and sign off on particular large projects. That sort of oversight would ensure that there was genuine accountability on procurement.

Finally, anti-lobbying guidelines need to become law. I was delighted to hear my hon. Friend and neighbour the Member for Harwich and North Essex (Mr Jenkin), as Chair of the Public Administration Committee, making some suggestions about that the other day. I think that is exactly what we need to be prepared to introduce, to make sure that, yes, the expertise that exists in Government Departments can be shared with contractors, but that there are public records of those contacts and that where there is a revolving door there is some accountability to ensure that nothing untoward happens.

Britain needs a defence strategy that aims above all to keep our country safe. In an era of growing threats and constrained budgets, misspending is no longer a luxury that we can afford. We need real reform. I know that the Minister recognises the need to improve the way we spend our defence budget, and that he is a reformer. I also happen to know, too, that in his Department reformers do not always get an entirely easy ride. I look forward to hearing what changes he has in mind to improve things, and whether he will consider going further and recommending any of the measures I have outlined.

Armed Forces Covenant Annual Report

Jim Shannon Excerpts

Thursday 7th January 2016 Westminster Hall

[Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)]

I beg to move,

That this House has considered the Armed Forces Covenant Annual Report 2015.

I thank you, Mr Hanson, and the Backbench Business Committee for giving us the opportunity to hold this debate today. The armed forces military covenant report published in December by the Ministry of Defence is the fourth such document, and together the reports tell a story of growing efforts to meet the military covenant. I was surprised to discover that although four annual reports have now been presented to Parliament, none of them has been the subject of a parliamentary debate. This is therefore a wonderful opportunity for parliamentarians to reflect on the progress being made by Departments, devolved Administrations, local service providers and organisations in the commercial as well as the voluntary sector to meet the covenant’s pledge.

The term “military covenant” was coined in 2000 in an MOD booklet called “Soldiering—The Military Covenant”. It aimed to highlight the mutual obligations between our nation and its armed forces following years of decline in that relationship. Although the term “covenant” seems to imply some form of legal guarantee or contract, it is not enshrined in law. For more than 400 years, though, the state has recognised having some obligation towards its armed forces, with Queen Elizabeth I, for instance, providing by statute in 1593 a weekly parish tax to support disabled Army veterans returning to their homes. With British troops engaged in so many difficult military campaigns and new types of warfare over the last 20 years, our armed forces leaders, with a particularly strong voice from General Lord Dannatt, called on the nation to re-engage with its obligation to our soldiers, sailors and airmen. They all have to swear an oath of loyalty to their Queen and country when they join up, and the military covenant is or should be the nation’s reply to them for their commitment and sacrifice.

A series of legal judgments in the early 2000s led my right hon. Friend the Prime Minister, while still in opposition, to set up the military covenant commission. Led by my hon. Friend the Member for South West Wiltshire (Dr Murrison), its report led to the coalition Government in 2011 deciding that the military covenant should be covered and monitored through provision of an annual report to Parliament. That decision was enshrined in the Armed Forces Act 2011.

I am not from a military family—well, not in recent times. My French great-great-uncle was killed in the opening weeks of world war one by German fire as he acted as a lookout for the French army on the Alsace-Lorraine front.

[Jim Shannon (Strangford) (DUP)]

The hon. Lady mentions the first world war. Does she agree that given that 2016 is the centenary of the battle of the Somme, equality for Northern Ireland service personnel would be very fitting and is long overdue? It would be recognition that every person who serves in the British Army, within the United Kingdom of Great Britain and Northern Ireland, deserves the same opportunities under the covenant; we should have that in Northern Ireland as well.

[Mrs Trevelyan]

I thank my colleague for his intervention. I agree wholeheartedly and hope very much that in the months and years ahead we will be able to achieve that across the UK, including in Northern Ireland.

In world war one, my relation was acting as a lookout for the French army and he was sent up a church tower because he had great eyesight, but he was immediately spotted by German troops because he was wearing a very bright, shiny uniform—you have to wonder. That story has always stuck in my mind; I was first told it when I was four years old. The reality is that if all efforts at diplomacy have failed and war breaks out, we ask our young men, and now our young women too, to go into harm’s way to protect us, our country, our values, our families and our way of life. We ask our armed forces to defend their nation without regard to their own safety, and I am continually in awe of every one of those people who choose a military career.

I am involved in many ways as a campaigner, and now as the local MP in north Northumberland, with serving military personnel, their families and veterans of all ages, for whom the covenant’s pledge has not always been a reality. I am acutely conscious of the fact that although many citizens agree with the covenant’s ideals and direction, far too many are not really aware of it and do not consider how they can make it a reality in their working lives or how their local community might be able to support the needs of military people and their loved ones. I am also aware that many of our serving and veteran personnel are not fully apprised of the commitment that the covenant gives to them and their families.

The Government’s commitment to all who serve and have served in our armed forces is clear: they and their families should face no disadvantage compared with other citizens in the provision of public and commercial services. Special consideration is appropriate, especially for those who have given most, such as the injured and the bereaved. The covenant is clear about the areas in which it should apply. It covers healthcare, education, housing, deployment matters, family life, benefits and tax impacts, the responsibility of care, particularly during defence policy change periods, voting rights and support in transition and in life after service. It covers so many aspects of personnel’s lives, and every year since 2011 we have seen new projects and support being built to meet our covenant commitment and reported by the MOD to Parliament.

Armed Forces Bill

Jim Shannon Excerpts

Wednesday 16th December 2015 Commons Chamber

[The Temporary Chair]

We are debating clauses 3, 4 and 5 together if any Member wants to speak on them.

[Jim Shannon (Strangford) (DUP)]

Thank you, Mr Bone, for clarifying the process. I have put this all together, if the Minister could just bear with me.

The Minister referred to investigation and charging in relation to clauses 3 to 5 and I want to ask a question about that. We see a simplification of the process relating to service personnel charged with offences. I assume the Minister is saying that that will be achieved by reducing the number of stages required for the decision to bring charges. Not only will the provision make it easier to bring charges where appropriate, and ensure discipline and order are maintained in our armed forces, it will streamline the process and reduce bureaucracy so that commanding officers are free to go about other duties essential to the smooth running of all aspects of our armed services. Will the Minister clarify the role of the commanding officer in an investigation?

If the Minister will bear with me, clause 2 related to alcohol and drugs. As we are talking about investigation, I want to comment on that. The new rules on drug and alcohol testing are similar, but not identical, to the provisions under the Railways and Transport Safety Act 2003. The 2003 Act provides for an alcohol and drug testing regime that is applicable to both the maritime and aviation environments, but the armed forces have Crown exemption. Will the Minister clarify this matter in relation to the new rules on drug and alcohol testing and investigations?

The Bill will remedy that and strengthen the approach to alcohol or drug misuse within the armed forces, as well as being more specific about what grounds justify a drug or alcohol test. It will make it easier for those in charge of an investigation to order a drug or alcohol test when needed, which can only make our armed forces safer and more secure, while simplifying the process to make it easier for commanding officers to secure a drug or alcohol test.

The new statutory framework for immunity from prosecution will give the Director of Service Prosecutions and service courts powers that may assist investigators and prosecutors in cases where it may otherwise be difficult to persuade service personnel to co-operate with the service police and to give evidence. The Minister will be aware of a specific case in Northern Ireland where investigations are ongoing. I believe the provisions are a positive development that will improve transparency across our armed forces and improve the security of individuals. Of course, this could be particularly important to Northern Ireland where there have been continuous attempts, through spurious allegations, to drag the names of former soldiers through the mud. We must never let the legitimate forces of law and order be equated with cold-blooded murderous terrorists. I hope that this aspect of the Bill can ensure that the brave service personnel who fought terrorism in Northern Ireland will never be dragged through the courts by those who terrorised our state, or by their sympathisers and supporters.

On investigation and prosecution in relation to this particular issue, what role will the Minister play? I am sure we are keen to put in place a transparent method of investigation and prosecution. There has to be protection for our brave service personnel. Where we can, we should give them immunity, but we must always give them our full and unreserved legal support and aid, should they need it.

I hope that was clear for the Minister. I have raised several issues about investigation that have to be addressed.

[The Temporary Chair (Mr Peter Bone)]

As it is coming towards Christmas, we let the hon. Gentleman go back slightly to clause 2. [Hon. Members: “And forward!”]. And forward, yes. But we have been moving rapidly, and he was seeking advice as he went.

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[Mark Lancaster]

For the convenience of the Committee, I shall discuss together clauses 7 to 12, which deal with offenders assisting investigations. In overview, 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.

The provisions closely follow those in the Serious Organised Crime and Police Act 2005, which apply to civilian prosecutors and courts. Under these provisions, an immunity notice or restricted use undertaking must be in writing and will normally include conditions, breach of which would lead to the immunity or undertaking being revoked.

The Director of Service Prosecutions will, as a matter of good practice, consult the Attorney General in relation to any offer of immunity. The DSP will engage with the Director of Public Prosecutions and devolved Administrations in the event of concurrent jurisdiction. Immunity notices and restricted use undertakings can be provided only if the DSP considers it appropriate in relation to the investigation or prosecution of a criminal conduct service offence, where the equivalent civilian offence is capable of being tried in the Crown Court, or a disciplinary offence, for which the maximum sentence is more than two years imprisonment.

[Jim Shannon]

I have one quick question for the Minister. He mentioned contacting the devolved Administrations, and I am wondering what credence is given to those Administrations in respect of decisions made by Ministers in the Ministry of Defence. In other words, if there is a disagreement between the devolved Administrations and the Ministry, which takes precedence?

[John Howell (Henley) (Con)]

As a member of the Select Committee, let me add that when we looked into these provisions and interviewed the relevant official, I was impressed with two things. The first was the need to refer to the Attorney General. The link between the DSP and the Attorney General is a good one. I have to say that I have forgotten what the second one was, but let the first point stand as the major point I wanted to make.

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[Mark Lancaster]

The clause and schedule provide for the Armed Forces Act 2006, as it currently has effect in the United Kingdom, to come into force in the Isle of Man and the British overseas territories, except Gibraltar, although we are consulting the Government of Gibraltar about extending the provisions of the 2006 Act to that territory. I should make clear at this point that, as a matter of UK law, the 2006 Act will continue to apply to service personnel wherever in the world they are serving.We have consulted the Isle of Man and the British overseas territories, and they are content with our approach. We are discussing with Gibraltar whether it would be best to provide for the 2006 Act and the Bill to extend to it as well, and if Gibraltar considers that to be the case, we will introduce an amendment to that effect.

[Jim Shannon]

I welcome the Minister’s commitment to ensuring that the 2006 Act will come into force in the Isle of Man and the British overseas territories, with the exception of Gibraltar, and that there will be the option of extending it to the Channel Islands. We too often forget those from the overseas territories and those who serve there. I am pleased to note that this is a truly British Bill which recognises our devoted armed services throughout the globe. This move is, I believe, long overdue.

I should like to ask the Minister two questions. First, will he give us some idea what is meant by “the option of extending it to the Channel Islands”? Secondly, is he able to give a commitment—I am not sure whether he is—that, as I hope sincerely to be the case, the exemption of Gibraltar is not due to any Spanish intrusion or interference? The sovereignty of Gibraltar is down to its people, and we should firmly uphold their right to remain British, no matter what actions or words may come from Madrid.

[Mr Kevan Jones]

We support clause 13 and the accompanying schedule. It makes sense to extend the Act to the overseas territories.

May I ask the Minister what the timescale is for the negotiations with Gibraltar? I realise that the elections there may have interfered with the process. May I also ask what mechanism would operate if Gibraltar accepted that the legislation should extend to it? Would we have to wait for the next Armed Forces Bill to introduce any changes that were necessary?

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[Mark Lancaster]

I will come to that, but protocols are in place between MOD firefighters and local fire authorities and there have been occasions when MOD firefighters have supported local authority fire and rescue services. However, it is important that that is done in a combined and controlled way.

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. DFRMO falls outside the ambit of the primary legislation that governs local fire and rescue authorities in the UK. Contractors providing fire and rescue services for defence are also present at the Atomic Weapons Establishment, QinetiQ, Babcock and Serco. They operate at sites such as Aldermaston, Burghfield and Boscombe Down. DFRMO currently has 320 fire and rescue service contractors, out of a total strength of more than 2,000 personnel. Contractor firefighters, now and in future, should also be able to deal with an emergency in the same way as MOD firefighters. We are not aware of local fire and rescue authorities using or planning to use contractor firefighters. However, there are other private and specialised fire and rescue services at other sites such as ports and airports, power stations, industrial sites and some state properties.

The clauses constitute a simple, sensible change that gives MOD firefighters the same legal protections as their civilian counterparts.

[Jim Shannon]

The Minister referred to the legal protections that are provided. Is insurance protection provided as well? I am conscious that with firefighters’ extra responsibilities come the possibility of someone being hurt as a result. I would like to check that point.

[Kirsten Oswald]

We appreciate the work of MOD and other firefighters. It is important that we have in mind some of the concerns that the Fire Brigades Union has raised about the potential unintended consequences of the Bill. It has concerns about the impact of deploying MOD firefighters at fires and other incidents normally dealt with by local authority firefighters. However, there is clearly a need to deal with the issue that is at hand today and to streamline things. That is dealt with by the clause. We agree that it is important that we take the action suggested to close this loophole, as the clause does.

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[John Howell]

I do not want to intervene on the substance of this debate, but since this is the last grouping of such amendments, it is appropriate to offer my appreciation—I am sure the Minister would agree with me on this—to my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti), who chaired the Select Committee that looked at this Bill in an excellent fashion. The Select Committee showed a tremendous degree of cross-party agreement on the Bill, and I thank the hon. Member for North Durham (Mr Jones) for his involvement. The Bill is a direct result of that process.

[Jim Shannon]

I commend the comments that the Minister has made on this subject. I am keen to see the full implementation of the military covenant and the council community covenants across the whole of Northern Ireland, from county to county and council to council, with everyone getting involved. I am also keen to hear the Minister’s ideas on how to ensure that that happens in its totality in Northern Ireland.

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[Liz Saville Roberts]

I have not visited the college, but I would be delighted to do so. My background is in further education, and I have taught public services courses where boys and girls—young men and young women—were actively targeted, so I have some experience in this matter.

As I have just said, the matters that I have just raised are perhaps for another time. Today, we are concerned with the specific need to change the law, so that recruitment in the armed forces is in line with international and developed world standards and norms. I urge the Government to consider the proposed new clauses. If they are not minded to accept them, perhaps they can bring forward their own proposals.

[Jim Shannon]

I rise to endorse the status quo. I am sorry that I cannot agree with the new clauses proposed by the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), for whom I have the greatest respect.

Training starts at an early age. It starts with the cadets for a great many of our young boys and girls who go on, in the greater spectrum of life, to become the men and women in uniform. That introduction and early training at cadet level gives young people a chance to show their potential and an interest in the armed forces. It also enables them to go further with the training if that is what they wish to do. I am keen to see that training encouraged and retained. I am also conscious, as I know the Minister is, of the fact that a level of training needs to be achieved before a person reaches the age of 18. If we can start from the age of 15 or 16, or even earlier, we will have young soldiers—male and female—equipped and trained to the highest standard and with the necessary experience. With great respect, I feel that what we have at present is perfectly acceptable.

[Conor McGinn (St Helens North) (Lab)]

The hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) spoke eloquently and sincerely, but I am afraid that I disagree with her. Many young men and women in my constituency, St Helens North, join the armed forces for the benefits of a constructive education, training and employment, and for those young adults serving their country drives social mobility.

Recruitment at 16 is fully compliant with the UN convention on the rights of the child. As the hon. Lady recognised, soldiers are not deployed until they reach the age of 18.

I caution against the use of the word “children” and particularly the term “child soldier”, which is not only incorrect but somewhat offensive. Indeed, it belittles the trauma and plight of those children across the world who are forced into war and soldiery. For all those reasons, I am afraid that, despite the hon. Lady’s forceful argument, I cannot support new clauses 2 or 3.

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We discussed the matter in the Select Committee, but I repeat that some of the cases, especially rape cases, are complex. Civilian forces have developed techniques, such as the use of rape suites for victims. The volume of cases dealt with by civilian forces means that they are more capable not only of supporting victims when they come forward, but of investigating such serious sexual assaults or rape. Thankfully, the number of instances dealt with in the armed forces is low. The Metropolitan police and other large forces clearly deal with a large number of cases, and they have both expertise and officers who have dealt with different types of sexual assault and rape. Such individuals or police forces would be better placed to ensure that a victim in the military received the same high standards and support that we would expect for the victims of such crimes in civilian life.

[Jim Shannon]

I wish to ask a question about new clause 7. I agree with the shadow Minister, who has very carefully and cautiously outlined the issues. In the past, there have been examples of women who have been abused and raped, which has led to suicide, trauma or depression. These are very important matters. Will the Minister confirm that, as part of an investigation within the existing process, an investigating officer has the power to call any soldiers whatever, male or female, who may have been present when something took place, and that none of them can say, “No, we won’t do that”? I want to make sure that there is a full investigation, and that the person assaulted is given the necessary protection.

[Kirsten Oswald]

It is vital that all matters relating to allegations of or concerns about serious and complex crimes, including sexual assault, rape and murder, are handled with the utmost seriousness, so it is important that such cases are dealt with by the appropriate authorities and with the benefit of the best legal advice. Commanding officers in our armed forces are men and women of skill, professionalism, grit and integrity, but it may simply not be fair to expect them to possess the same level of specialist investigatory skills as those with a professional background in such skills. We would not expect that of any other group. If the victims and alleged perpetrators are dealt with by specialist authorities, everyone will be aware that such matters are handled, as we would all hope, with the appropriate structure, uniformity of approach, transparency and professional best practice.

The maintenance and publication of statistics on sexual assault and rape are key. It is simply not possible or desirable to make assumptions about the level or severity of allegations, prosecutions or convictions. We can only know such details via robust, consistently formatted and regularly produced statistics that are put in the public domain. We would wish to see improvements in the 2017 survey relating to sexual harassment, compared with 2014.

Releasing such statistics is part of our duty of care towards service personnel. It was interesting and heartening to hear in the Select Committee that some of that happens anyway, but it is not approached in a uniform or consistent manner across all services. Without a uniform approach that has the same definitions, frameworks and publication dates, we cannot reasonably keep this matter under review, which we absolutely should do to ensure that we continue to work towards transparency, clarity and improvement for the benefit of all service personnel.

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[Jim Shannon]

I endorse the comments of the shadow Minister once again. As the Minister will know, we have had some fringe discussions on this issue in the Defence Committee. Furthermore, the hon. Member for Blaydon (Mr Anderson), who usually sits behind me but is not in his place, has tabled an early-day motion to highlight the issue. The Royal British Legion, as the hon. Members for East Renfrewshire (Kirsten Oswald) and for North Durham (Mr Jones) have said, has been part of the campaign and has lobbied hard.

We are all aware of some constituents who have this problem, but if I can be forgiven for saying it, the longer this goes on, the more the guys who would probably qualify for any agreed compensation are likely not to be here any more. That may sound cynical, but it crosses the minds of the potential recipients of the compensation and those of elected representatives who want to reflect the opinion that they are given by such people.

I and the shadow Minister both want to see a fair and equal distribution coming out of the compensation process—as it is for civilians, so it should be for those who have served in uniform. As the hon. Member for East Renfrewshire said when she dealt with the military covenant, these things should really happen normally, without any need for requests from this Chamber. The military covenant is clear; the negative obstacles should be taken away. Members should be able to express their opinion here on behalf of their constituents. There is an urgency about this matter because we need to put right an injustice. I just want to add my support to that of the shadow Minister and other Members who are not in their places today but would love to be here to support this request.

[Martin John Docherty (West Dunbartonshire) (SNP)]

I commend the hon. Member for North Durham (Mr Jones) for tabling the new clause. I wish to associate myself with what he said, and with what was said by my hon. Friend the Member for East Renfrewshire (Kirsten Oswald) and the hon. Member for Strangford (Jim Shannon). I also congratulate the Royal British Legion on the campaign it has been conducting over the past few months.

Armed Drones

Jim Shannon Excerpts

Tuesday 1st December 2015 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate. I thank the right hon. Member for Haltemprice and Howden (Mr Davis) for bringing the issue to the House and for putting a clear analysis on the record. Drones have become an increasingly integral part of defence, and their capabilities have gone far beyond surveillance. We have the ability to use drones for combat purposes, which is what the debate is all about. We have concerns about drones being indiscriminate, and worries about whether we can be specific in our targeting using such automated systems. However, while military systems have an increasing range of automated functions, no fully autonomous systems are in use. The operation of a drone still needs human input, so it is fair to say that there is still a large enough degree of control. There is no reason why drones should be more indiscriminate than air strikes, boots on the ground or any other method of combat. Humans control drones and work within the rules.

When it comes to surveillance, there is no doubt that drones have revolutionised our ability effectively to gather intelligence across all corners of the globe. We have already seen drones take out incredibly dangerous individuals and gather the intelligence required for forces to go in at ground level and take targets out. Clearly there have been positives resulting from drone use, but that does not mean we should not be mindful of the concerns about their use expressed by some Members. We can do more to address such concerns by taking formal steps better to educate stakeholders and the public as to what drones actually are. Contrary to popular belief, they are not indiscriminate, pilotless killing machines, but state-of-the-art, precise and remotely piloted military systems, controlled by highly professional, highly trained individuals. Decisions about how a drone behaves when on an operation are made by pilots, analysts and a whole team in real time, just like the crew of a traditional aircraft. All UK drone pilots have to follow the law of armed conflict and the rules of engagement in exactly the same manner as pilots of traditional manned aircraft.

The decision-making process leading to the identification and engagement of targets is identical to that for conventionally manned aircraft. More than that, as our drone pilots have greater access to information, through a combination of the aircraft’s on-board sensors and the ability to access off-board information, they are the best informed and least pressurised of all our aircrew who have to make critical decisions about when to strike.

In the real world, drones’ capabilities save the lives of our personnel, allies and civilians daily. The vast majority of civilian casualties in the middle east are caused by insurgents, terrorists and truly indiscriminate murderers. It is our remotely piloted aircraft that the terrorists fear most. They know just as well as we do that these systems contribute massively to our identifying them and their weapons.

In the time remaining, which I wish to share with the hon. Member for Foyle (Mark Durkan), I want to get to the facts. As of January 2014, Reaper has flown for more than 54,000 hours over Afghanistan. In that time, it has fired just 459 precision weapons. The sophistication of the weapons means that they can change course after release if innocent civilians stray into a strike area. That is one example of the many safeguards in place. We need to be able to harness that effectiveness in future conflicts, including those currently spiralling out of control in the middle east.

We know of one highly regrettable incident in which civilians were killed by a weapon deployed from a UK Reaper. Of course that is one incident too many, but in that case, a strike on two trucks carrying insurgent explosives resulted in four civilian casualties, in addition to the death of the insurgents.

This exceptionally useful tool contributes greatly toward protecting and defending UK forces and civilians. The Government’s use of unmanned and remotely piloted aircraft means that we have to safeguard information relating to our targeting and intelligence capabilities, and that applies across the board. The debate has given us an opportunity to provide the public with more information about drones and how, in reality, they are far from indiscriminate killing machines; rather, they are important and life-saving assets.

Oral Answers to Questions

Jim Shannon Excerpts

Monday 23rd November 2015 Commons Chamber

[Mr Dunne]

The hon. Gentleman is right to point to the Type 26 procurement programme as the next major platform where there will be a significant steel component. We are determined, as a Government who are keen to support our steel industry, that defence contractors will have the opportunity to source that steel from the UK, and we will do as much as we can to help them in that endeavour.

[Jim Shannon (Strangford) (DUP)]

5. What steps his Department is taking to monitor the effects of the Lariam form of mefloquine on service personnel who have taken that drug.

[The Minister for the Armed Forces (Penny Mordaunt)]

Clinical studies and audits have been undertaken by the Ministry of Defence to assess the effects of Lariam. Those reports and their conclusions are a matter of public record. Lariam is not our first-line treatment and makes up about 1% of our anti-malarial stocks, but for some people, deployed in certain parts of the world, it will be the best drug to protect them from malaria.

[Jim Shannon]

It is becoming patently obvious that those who have had Lariam were not assessed fully before using it. Some of my constituents are those who are suffering most. Given the high level of potential suicide among service personnel, increased mental health concerns and stress-related issues, can the Minister confirm that the MOD will do a thorough review of the use of Lariam and that all service personnel will be assessed before Lariam is used again?

[Penny Mordaunt]

Before any drug is prescribed, an individual risk assessment of the patient is undertaken. In addition, as soon as a prescription is entered on to the electronic records system, a warning is flagged to ensure that the prescriber is absolutely sure that the recipient has not had a mental health problem. That policy is audited by defence primary healthcare organisations. If Members have constituents about whom they are concerned, they should encourage them to see their GP or their medical officer.