Armed Forces Personnel

John Glen Excerpts

Thursday 10th November 2011 Commons Chamber

[John Glen (Salisbury) (Con)]

I begin by acknowledging, as many others have, the welcome and historic breakthrough of enshrining the armed forces covenant in law. However, as the Prime Minister himself has said, the challenge is to make the Government live up to the obligations in it in reality. It is critical that we bring the aspirations that we all have for the covenant together with the realities that we are faced with in trying to deliver it.

The awful reality is that members of the armed forces and their families may have to face death or injury while they are serving. If the worst happens, it is extremely important to ensure that the right processes are in place and to make certain that the wishes of those who have been killed or wounded are carried out. I wish to focus my few remarks on that.

All armed forces personnel are advised in pre-deployment briefings to make a will. A form, MOD 106, is provided for the purpose. Unfortunately, no advice is given on making the will, nor is there any compulsion to do so. Little information is given to those serving on the risk of mental incapacity following a tour of duty, or on the fact that if there are such complications, the management of financial affairs will not be sufficiently dealt with by a will. In reality, members of the armed forces would need to have a legal power of attorney document to be used in those circumstances, but it must be registered before the mental incapacity happens to make it valid for use when an injury occurs.

Many complicating factors conspire to mean that in many cases, our service personnel may not be properly legally protected in such situations. First, there is a cultural battle. Many young men and women who want to serve are less likely to make a will, because they feel invincible before a tour of duty after undergoing sustained training, or sometimes because they do not want to tempt fate. Secondly, a will speaks only from death. Many personnel are under the misconception that a will covers all eventualities, including mental injury, but it will not. That means that there is a real need to deal with the legal power of attorney option properly.

The consequence of not having a legal power of attorney document can be far-reaching and cause enormous problems for those left behind. I have been made aware of the case of a young man who tragically lost his life. He had made a will, but did not have legal power of attorney in place in the right way, which caused some difficulties. The will was also out of date, which meant that the benefits did not go the people he intended them to. Similarly, another person was in the middle of an acrimonious divorce, and his will did not work as he wished. The outcome was that it did not accurately reflect his updated wishes, which caused major complications for his family.

As we know, more people who serve in the armed forces are surviving terrible injuries that they would not have survived 10 years ago. Some are unable to manage their affairs when they have recovered from physical injuries, which means that someone must do so on their behalf. An LPA would solve a lot of problems in such cases. It is true that an LPA pack can be downloaded from the Office of the Public Guardian, but it costs £130 to register the LPA when all the forms are completed. That will seem like a lot of money to service personnel, many of whom are young people who might believe that nothing will happen to them—an LPA is probably the last thing they want to spend their money on. Defence instructions mention that document, but I am given to understand that they lack detail and contain errors.

If no LPA is in place, a deputyship must be applied for on behalf of the injured service person, which can be extremely expensive, as can the ongoing maintenance costs of a professional deputyship. I am aware of one case of a deputyship costing about £60,000 per annum to service. Solicitors who manage compensation claims will choose to instruct a professional deputy when a lay deputy is perfectly viable, which drives up the costs that take away from compensation schemes—they will have to borne by the MOD.

I see this as a specific covenant issue: if we are prepared to send young people off to fight and possibly die or be gravely injured for their country, and if we invest so heavily in the correct equipment and training for them while they are on operations, we must also have a duty of care to ensure that their affairs are in the order that they would wish them to be in if they are injured or killed. We have concentrated on equally important matters until now, but this issue needs to be looked at again in more detail as part of the pastoral care package that is offered to service personnel.

I am not seeking to embarrass the MOD or the Minister—this is a constructive suggestion on which I have worked with hon. Members on both sides of the House—but the Mental Capacity Act 2005 made this issue real, which is why it needs further examination. What should be done? I would like all those on deployment, and ideally all service personnel, to have an up-to-date will and LPA in place. It would be best to have a will pre-enrolment, but personnel should certainly have one pre-deployment.

I have also had meetings with a group who have a proposal for an organisation called the services trust—I met the group earlier this week. They would like to assist the MOD and serving personnel with information on some of the gaps to which I have drawn the House’s attention. The group could also help with processing LPAs and could act as deputies if necessary.

It would be useful to train admin officers to give relevant information on the consequences of not writing a will or of having no LPA. In fact, the Office of the Public Guardian held a consultation on what groups of people should be exempted from the £130 LPA fee, but it did not include the MOD. That unnecessary oversight needs to be corrected.

It should be feasible to spread the cost of an LPA over a number of months and to take it from the wage packets of personnel at source. That is done for a variety of costs, and it would be a simple matter to add it to the joint personnel administration system. Payments could even be taken out with payments for the armed forces insurance scheme.

To return to where I began, the Government have made a commitment to the welfare of the armed forces by enshrining the covenant in law. It is essential that that commitment is extended to ensure that not only their financial and operational needs are met, but their legal needs. I respectfully ask the Minister to give an indication of whether he is prepared to meet me and other hon. Members, and representatives behind the services trust proposal, to establish what can be done to address that proven need in our armed forces.