Armed Forces Bill (Second sitting) Debate

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Department: Cabinet Office
Johnny Mercer Portrait Johnny Mercer
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No, the hon. Gentleman said that matelots and pongoes, the lower ranks, do not get to use the fund, which is factually incorrect. I am sorry; I do not mean to be obtuse with Members, but I have come into this role to serve members of the armed forces and I will not stand idly by if people make things up. If someone is going to debate these issues and bring forward things that are not true, which I am afraid largely emanate from the Scottish nationalist party, it will be very difficult to engage. However, I will address the other points.

The new clauses seek to create through primary legislation a representative body for the armed forces that is similar in many respects to the Police Federation. New clause 19 proposes that details of how such a federation would operate would be set out in regulations. Of course the Government understand that Members from all parties in the House wish to support our armed forces and protect their interests; that is at the heart of what we do and I believe our actions show that. However, we are not persuaded that there is a requirement or indeed a groundswell of support for a federation along the lines that have been suggested. The interests of our armed forces personnel are already represented through a range of mechanisms, not least the chain of command.

On matters of pay, the Armed Forces Pay Review Body and the Senior Salaries Review Body provide annual recommendations on pay for the armed forces to the Prime Minister. Evidence is gathered from a number of sources, including the bodies commissioning their own independent analysis of pay comparability and taking written and oral evidence from the MOD and from service families federations, as well as spending a significant amount of time visiting military establishments within the UK and overseas.

Staying on the subject of pay, I should highlight that the X-Factor addition to basic military pay, which is currently at 14.5%, recognises the special conditions of military life, including limits on the ability of service personnel to negotiate on this issue.

Kevan Jones Portrait Mr Kevan Jones (North Durham) (Lab)
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Will the Minister give way?

Johnny Mercer Portrait Johnny Mercer
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I would be delighted to give way.

Kevan Jones Portrait Mr Jones
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The Minister is making various claims about the Armed Forces Pay Review Body, and he is correct that it does great work in assessing the different effects of armed forces life, but it depends on Ministers and the Treasury accepting its recommendations. There was not a problem until 2010, but there has been since. How do ordinary members of the armed forces ensure that their pay issues are taken into account if the Government, who have ignored the recommendations of the Armed Forces Pay Review Body on numerous occasions since 2010, ignore those recommendations?

Johnny Mercer Portrait Johnny Mercer
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They have not ignored them. I sat on the last one, and I advocated for the pay of the armed forces. The Government have a clear role when it comes to pay across the public sector. They work hard to maintain the independence of these bodies, which are robust in challenging the Government to make sure our people are paid fairly. My right hon. Friend will have seen that the integrated review talks about a new way of operating, which will have to be reflected in a new reward and recognition scheme that looks at pay across the ranks, across the trades and across employment, to make sure that people are remunerated and recognised in line with what we are asking them to do. I understand the point he is making, but I do not accept that the Government have turned down these recommendations and are cracking on willy-nilly with pay.

Kevan Jones Portrait Mr Jones
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I accept that the Minister might accept the pay review body’s recommendations, but he does not implement them. In 2013 the Government refused to reappoint Professor Alasdair Smith when he recommended things they did not like. There was not a problem until 2010, but since 2010, although the Conservative party says it stands for the armed forces, the Government have not implemented the pay review body’s recommendations. As we heard earlier, it would be okay not to have a representative body if the Government automatically accepted the pay review body’s recommendations, which I am proud that the last Labour Government did, but this Government have not done that.

Johnny Mercer Portrait Johnny Mercer
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Okay. Staying with the subject of pay, I should highlight that the X-factor addition to basic military pay, which is currently at 14.5%, recognises the special conditions of military life, including limits on the ability of service personnel to negotiate on this issue.

Importantly, the service complaints ombudsman provides independent and impartial scrutiny of the handling of service complaints made by members of the UK armed forces regarding any aspect of their service life. Improvements to the service complaints process are being progressed, and those do not require primary legislation, although there is one small measure in the Bill that seeks to change the legislation in certain circumstances.

I should also mention that there are provisions in the service complaints system and the service justice system for support to be provided to those who make complaints or allegations, and to those who are the subject of such actions. There is also legal aid for those facing charges in the service courts, and there are assisting officers at summary hearings.

The Committee can be assured that individuals are not left without support and assistance. On many other issues, the Soldiers, Sailors, Airmen and Families Association, the Royal Naval Association, the Royal Air Forces Association, Veterans UK and a great many more regimental associations and groups throughout the country have regular access to the chain of command and Ministers to represent their members’ interests. As I mentioned, the chain of command remains an important route through which personnel can make representations about matters of interest and concern.

In addition, there are a range of other mechanisms for service personnel to have a voice on matters that concern them. The annual armed forces continuous attitude survey asks personnel about all aspects of their service life, and the results are used to inform the development of policy and to measure the impact of decisions affecting personnel, including major programmes and the armed forces covenant. The survey results are published. I should add that service personnel play an active role in the development of policies that affect them, and I see that every day in the work that goes on under the Chief of Defence People, Lieutenant General James Swift.

The Committee might not be aware that the Chiefs of Staff Committee, chaired by the Chief of the Defence Staff, has a WO1, Mr Haughton, as its senior enlisted adviser, and he has a voice on all the matters that come before that committee. As a further example of our commitment to improving diversity, all Army officers at two-star and above have a reverse mentor, which supports diversity of thought across all areas of the service.

Finally, Ministers and senior officers hold regular town hall meetings for all staff—service and civilians—to brief them on developments and issues and provide an opportunity for everyone to ask questions about those developments.

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Dan Carden Portrait Dan Carden (Liverpool, Walton) (Lab)
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I beg to move, That the clause be read a Second time.

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

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

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

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

That experience is unacceptable.

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

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

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

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

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

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I cannot accept the new clause because it would essentially give the MOD responsibility for civilian services, but I can try to achieve the same effect by making a joint visit to Tom Harrison House and really understanding where the points of pressure are in ensuring that care pathway for our people, and work together to make sure that we can look after such people, who—my hon. Friend the Member for Liverpool, Walton makes a really strong and valid point—have been quietly shielded out from other services that other people have had access to. It is something that I feel very strongly about.
Kevan Jones Portrait Mr Jones
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My experience, like the Minister’s, is that there is support within the military for individuals; I think I was the one who changed the policy around zero tolerance of drug use. May I ask about the support for such individuals? There will be individuals who have to leave the armed services because of drug and alcohol issues. What support is given to them? Transition for those individuals to get support in civilian life is important. Is there a specific pathway for people who have to leave because of drug and alcohol problems in the armed services, or are they just left to their own devices? That would be a way to stop some of those individuals falling further into the addictions that have grasped them.

Johnny Mercer Portrait Johnny Mercer
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They are not left to their own devices. There is now something called the Defence Transition Services, which were set up last year. They are specifically tailored to put our arms around all those individuals who are leaving service. They are not specifically tailored to those who suffer from addiction. The service is agile enough to deal with all our vulnerable service leavers, particularly those coming out of care and things like that. They can now access Defence Medical Services up to six months after they leave, but there is always more to do in this space. That is why I am keen to see my hon. Friend the Member for Liverpool, Walton at Tom Harrison House.

Kevan Jones Portrait Mr Jones
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I welcome what the Minister says, but if he is looking at the broader issue around veterans, could he perhaps also look at the support that he has given to individuals who have to leave because of addiction problems? I accept that there is a transition process, but some more work could be done to look at specific support for those who have to leave because of drug and alcohol-related issues.

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

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

Clause, by leave, withdrawn.

New Clause 7

Welfare of Operation Banner veterans

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

(a) have contacted the Office of Veteran Affairs,

(b) are accessing mental health treatment,

(c) are in the street homeless population, and

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

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

Brought up, and read the First time.

Kevan Jones Portrait Mr Jones
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I beg to move, That the clause be read a Second time.

None Portrait The Chair
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With this it will be convenient to discuss new clause 15—Duty to report

“The Secretary of State to place a duty on all public services to include a question on whether the respondent is a veteran, has previously served in the Armed Forces or is a reservist to all new service users.”

See explanatory statement for NC14.

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Kevan Jones Portrait Mr Jones
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New clause 7 is designed to get a commitment on looking at Northern Ireland veterans. I was very disappointed that the Government voted down our proposal for the Committee to take evidence from Northern Ireland veterans. Even the compromise of asking for written evidence was voted down, which was a disappointing approach from the Government.

Operation Banner was the longest continuous operation for our armed forces in Northern Ireland, running from 1969 to 2007. During that time, 1,441 members of the armed forces lost their lives in the service of their country in Northern Ireland. It sadly began in 1971 with the death of a member of the Royal Artillery Regiment, Robert Curtis, who was 20 years old and is buried in the West Road Cemetery in Newcastle, and it ended with Lance Bombardier Stephen Restorick, 23, when he was shot by a sniper at Bessbrook in County Armagh in February 1997.

Those two men are the bookends of the individuals who lost their lives, but many of those individuals serving in Northern Ireland had joined the armed forces mainly from communities such as the one I grew up in, from areas that they had left because of unemployment. They proudly served their country and were asked to take part in an operation that was vital for the security of our country, which exposed them to risk not only in Northern Ireland, but on the UK mainland, as we saw with the tragedies of the bomb attacks and deaths of service personnel. They paid a huge price—not only those who died, but those who served—and to a large extent they are the forgotten veterans.

We rightly honour the veterans of overseas campaigns who have lost their lives or suffered injury, but Northern Ireland and Operation Banner were slightly different. Because the operation took place in the UK, there is a tendency to think that somehow it is politically embarrassing for those individuals to be recognised, and because it went on for so long and did not retain public interest once it had ended, they were not kept in the headlines. There needs to be more research and focus on those individuals and on giving them recognition.

My amendment calls for a report to be commissioned by the Secretary of State specifically into the effects of Operation Banner on those individuals. Many will now be somewhere in their late 70s and possibly early 80s. While I accept that many will have gone on, as many members of the armed forces do, to successful civilian careers, the veterans I have spoken to over the years, and the individuals I knew growing up who had served in Northern Ireland, have suffered. There is a lack of research on that, although I commend recent reports from the Forces in Mind Trust, Queen’s University Belfast and Ulster University, which were very good and specifically looked at Northern Ireland veterans.

There are two sides to this: there are the Northern Ireland veterans who are now resident in the UK, but I know from a number of visits I have made to Northern Ireland that there is also an ongoing problem with mental health support for those who served and live still in Northern Ireland. Some of the issues in the summary of the report that came out in 2017 were quite interesting.

One such issue was that those veterans felt there was a lack of trust, and another was a desire—quite rightly, I think—for some kind of public recognition for their service. I accept that they were awarded medals but, in the context of the broader question, because of the political nature of the Northern Ireland conflict, that recognition has not been given them. Also, in sections of certain communities, there is a social stigma against certain individuals who served in Northern Ireland. We need to do research and have the data and evidence to support the individuals who served. They were ordinary men, mainly, although there were also women. They came from communities across the UK, many in northern towns, and they served their country.

Added to that, we have the ongoing uncertainty on prosecutions, with 12 individuals still being investigated for crimes that allegedly took place throughout their service in Northern Ireland, some dating back over 50 years. In many cases, they have been investigated on numerous occasions. Obviously, a case that has been highlighted recently is that of Dennis Hutchings, who is 79 years of age. What strikes me about all the cases is that the individuals who are facing the torment—and I mean torment—of a prosecution hanging over their heads are mainly from the lower ranks.

I accept that things were done in Northern Ireland throughout the campaign that we would look back on and not agree with; the Army, and the way in which the armed forces operate, has changed radically in those 50 years, but the idea that young servicemen who were serving their country should be the target now of prosecution when those who made the decisions higher up, including politicians and those in higher ranks in the armed forces, were not held to account in any way for those actions is not acceptable.

I know that the Prime Minister and the Minister have said that legislation will be introduced to deal with those prosecutions, but it is like tomorrow; it never comes. The Prime Minister promised it. It was promised in the last Conservative manifesto. It was also promised in the Overseas Operations (Service Personnel and Veterans) Bill. Nothing came forward. The Minister then said that it would be in this Bill, but clearly it is not. It has now been parcelled off. I understand it is now said not to be a MOD matter, but a matter for the Northern Ireland Office.

I take a very clear view on this issue, and it is already there in law. Is it in the public interest to persecute and chase down individuals for incidents that happened, in some cases—such as Dennis’s—50 years ago, when they have been investigated on several occasions? That cannot be a good and right way of treating people who were doing their duty by their country in horrendously difficult circumstances and keeping us all safe. At the end of the day, that is what they were there to do.

Veterans now think that the promises that have been made by the Government are pretty hollow, and unless legislation is introduced very quickly some individuals will face the courts. The terrible thing is the uncertainty hanging over those individuals—that at any time they could get a knock at the door and be asked to account for actions that took place in some cases, such as Dennis Hutchings’s, 50 years ago. That cannot be right.

As part of the efforts to highlight the plight of veterans, I welcome the Forces in Mind Trust research that has been done already, but we need the MOD, if it is really committed to these individuals, to do a wider piece of work looking at the effects of service in Northern Ireland, and to not forget those individuals, who were doing their duty by their country. I accept that a lot of things in this Armed Forces Bill might be problematic, but it is the only time we have as parliamentarians every five years to address issues that affect not only the veterans community, but members of our armed forces. I think if we were to do this, it would send a clear message that we are not forgetting these individuals and are trying not only to do the research, but to put in place policies that actually help them.

I plead with the Government to stop promising things that they are not going to deliver. If they are not going to deliver on the prosecutions, they should just say so. I think it is pretty dishonest to have a situation whereby these individuals are being promised something, including by the Prime Minister, that is not yet being achieved.

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Johnny Mercer Portrait Johnny Mercer
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I will address new clauses 7 and 15 together. I enjoyed the contributions.

There are some serious points here about the recognition of veterans—particularly our Northern Ireland veterans—which I have worked very hard on over the last couple of years. There is no tiered system of veterans. We are as proud of our Northern Ireland veterans as we are of those who served in Iraq and Afghanistan. Operation Banner was a deeply challenging environment. When I came to this House, I came here with a mandate to improve veterans’ care and the experiences of those who serve. There is perhaps no greater symptom of the betrayal of our veterans by Governments over the past 40 years than prosecuting or going after those who served in Northern Ireland when no new evidence exists and it is simply a question of the politics having changed. There is no other country in the world that endures these issues among its veteran population. The more people who speak on this matter and who become aware of it, the more that the individuals going through these processes will feel support.

The Prime Minister has made commitments to end this disgrace. I have made commitments to end this disgrace. Those commitments stand. It is an incredibly difficult environment and space in which to operate. At no stage have I just cast this matter off to the Northern Ireland Office, as has been alleged by my right hon. Friend the Member for North Durham. I work on this every day in the Department. Unlike my predecessors, I will achieve a result for those people who served in Northern Ireland. We will slowly make progress towards that.

Let me turn to the matter of welfare for those who supported on Op Banner. The creation of the Office for Veterans’ Affairs in 2019 is a marker of this Government’s commitment to her veterans. That never existed before; in previous Governments, under previous Ministers, there was never an Office for Veterans’ Affairs that took responsibility for these issues. We continue to demonstrate our commitment to supporting veterans and making the United Kingdom the best place in the world to be a veteran.

In the strategy for our veterans, the Government committed to improve the collection and analysis of data on veterans’ needs and experiences to inform future policy. I accept that we have poor data on veterans. If we had changed that—perhaps 10 years ago—we would be in a far better position now to calibrate programmes and understand the nuanced challenges in the transition from service life into the community. But we did not do that 10 years ago. We are doing it now. The first money that came into the Office for Veterans’ Affairs went into data and studies to try to understand the scale of the problem, so that we can implement evidence-based policies that genuinely affect and improve the lives of our veterans.

We are going to publish an annual veterans report, which will set out the progress made each year on delivering these objectives so that we can be held to account. As part of this data strategy that will improve collection and analysis of information across a wide range of topics—including veterans’ health and wellbeing; mental health; the frequency of the tragedy that is suicide; employment; housing; and relationships—we are working with stakeholders, other Departments and the devolved Administrations to understand what data already exists, where there are gaps in knowledge and how the gaps could be mitigated, including, where relevant, by adding new veteran markers to datasets. That is happening.

The 2021 census in England and Wales also represented a key opportunity. Using the expertise of the Office for National Statistics, we will be able to use anonymised data provided by the census to better understand the veteran population in England and Wales as a whole, and the huge range of topics affecting their lives, including their health and wellbeing.

New clause 15 seeks to

“place a duty on all public services to include a question on whether the respondent is a veteran, has previously served in the Armed Forces or is a reservist to all new service users.”

This would place an undue and unnecessary burden on public bodies. In keeping with the initial action plan of the January 2020 UK Government’s strategy for our veterans and the New Decade, New Approach agreement, my Department is currently conducting a review of welfare services provided to all veterans living in Northern Ireland.

The Ulster Defence Regiment and the Royal Irish Regiment (Home Service) Aftercare Service was established in 2007 to provide welfare support for Op Banner veterans and their families from within an established service delivery network. My Department recognises that the delivery of veterans’ welfare support in Northern Ireland has grown in a specific way. However, I can provide assurance that a review of the aftercare service has commenced and will establish the potential of the aftercare service to support better our veterans UK-wide in the welfare structure. For that reason, it is imperative that, before further commitments are made, the review is allowed to conclude and bring forward its recommendations on long-term service delivery for veterans in Northern Ireland.

To support our veterans living in Northern Ireland further, we have, for the first time, appointed a Northern Ireland Veterans Commissioner to act as an independent voice and point of contact to support and enhance outcomes for all veterans. I hope that, following those assurances, the right hon. Member for North Durham will agree not to press the new clause.

Kevan Jones Portrait Mr Jones
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I accept that the Minister does not see veterans in tiers, but he should read the Forces in Mind Trust’s research on the way in which Northern Ireland veterans are perceived by the public. I do not accept that somehow because people served in Northern Ireland they are less of a veteran than those who served in any other sphere. I agree with the Minister that they should be treated similarly, but they are a unique group of individuals who need more attention.

The Minister talks about the aftercare service in Northern Ireland. I have visited that service and accept that it is good, but most Northern Ireland veterans do not live in Northern Ireland. I certainly commend the aftercare service’s work with not only veterans, but their families on the ongoing psychological problems that many family members experience. However, in terms of progress and getting the research, although the Minister says that the Office for Veterans’ Affairs was a first, I am sorry, but it was not. The last Labour Government started the Veterans Agency and had a veterans Minister. I could go on at length about what was put in place for veterans. It is all right for him to champion the new Office for Veterans’ Affairs, but he is cutting its budget at present, which cannot be right.

This area does need more research. Those facing prosecutions do not receive the recognition they deserve. I think that, in the way in which they are being dealt with, they are going through torture. In addition, other Northern Ireland veterans who are not currently being pursued for prosecutions fear that they may well be in future. That must be an awful feeling for those individuals who, if they committed a crime, it was serving bravely their Queen and country and being asked to do a very difficult job on behalf of us all. That is totally unacceptable.

Given the concentration on these veterans, commissioning the report would give a clear indication that we are taking them seriously. I understand what the Minister says about his commitment to the issue of Northern Ireland prosecutions, but frankly those are words that we have heard from both him and the Prime Minister. What the veterans need now is firm action. Without that, they will continue to feel let down. I would therefore like to press the new clause to a vote to ensure that the MOD does the research and gives the recognition and support to those brave servicemen and women who served on behalf of our country in Operation Banner.

Johnny Mercer Portrait Johnny Mercer
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I recognise what happened last time on the Armed Forces Bill. My hon. Friend the Member for North Durham attempts to leverage this in and follows it up with a press release to make out that he is standing up for Northern Ireland veterans. I want to place on the record that, yes, I am the first veterans Minister and this is the first Prime Minister to commit to end this intolerable process for our veterans. There was a time when I stood alone on this issue and although I welcome his support now, people are not as forgetful or as dim as he would like to think. He was the armed forces Minister. He was in Government for a considerable period of time when absolutely nothing was done on this issue.

Kevan Jones Portrait Mr Jones
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That is not true and the Minister knows it.

Johnny Mercer Portrait Johnny Mercer
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This issue has been put on the political spectrum by myself and by this Prime Minister. We will bring forward legislation to protect these people. I will not accept lessons from people for whom I served—right? I was a veteran when the right hon. Gentleman was a Minister in the Department and I know exactly what it was like, so—

Kevan Jones Portrait Mr Jones
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The Minister should be proud of what the last Labour Government did; we did not cut armed forces numbers.

Johnny Mercer Portrait Johnny Mercer
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It is a total joke, because I would not be here if veteran support was as good as the right hon. Gentleman likes to think. So he can push the new clause to a vote, he can do his press release, but ultimately he will never change anything unless he actually contributes—

Kevan Jones Portrait Mr Jones
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Well, I think that if the Minister looked at my record and the record of the last Labour Government in office, we did—[Interruption.]

None Portrait The Chair
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Order. Can I ask whether it is Kevan Jones’s intention to proceed with pressing the new clause to a vote?

Johnny Mercer Portrait Johnny Mercer
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Of course it is—he has got his press release ready to go.

Kevan Jones Portrait Mr Jones
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Can I just respond to that, Chair? No, I do not do press releases on this. And if the Minister actually cares to look and do some research instead of doing his lazy thing of just reading out civil service briefs, he might know that I have been committed to this issue for a long time. And in terms of the last Labour Government—

Johnny Mercer Portrait Johnny Mercer
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Why didn’t you do anything about it?

None Portrait The Chair
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Order.

Kevan Jones Portrait Mr Jones
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If the Minister wants a lesson in the long list of things that both I and my predecessors did in the last Labour Government for veterans, I shall send it to him.

None Portrait The Chair
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Order. Mr Jones, thank you; Minister, thank you.

Question put, That the clause be read a Second time.

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Johnny Mercer Portrait Johnny Mercer
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On a point of order, Mr Sunderland. I seek your guidance on what I should do as the Minister when I am sat here and facts are presented to the Committee that are fundamentally untrue. The officials from the Department have just come back to me on the continuity of education allowance, which the hon. Member for Glasgow North West raised. The allegation is that it is predominantly used by officers, but the figures do not show that. I have informed her that that is the case, but she still does not wish to correct the record. What do you suggest that I do when dealing with misinformation on this scale?

Kevan Jones Portrait Mr Jones
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Know your subject, rather than just read the brief out.

Johnny Mercer Portrait Johnny Mercer
- Hansard - - - Excerpts

There seems to be some distortion on the line, Mr Sunderland. I can’t quite hear you.

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Johnny Mercer Portrait Johnny Mercer
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Thank you.

New Clause 8

Terms and Conditions of Service

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

(2) Section 343A, after subsection (5) insert—

‘(5A) An armed forces covenant report must include—

(a) a comparison of the terms and conditions of service for service people with other public sector employees, and

(b) an assessment as to whether service personnel face no financial disadvantage through their employment.’”—(Mr Jones.)

This new clause will ensure that the principles of the Armed Forces Covenant extend to matters relating to the financial disadvantages subjected to UK serving personnel and veterans, as a result of their time in the Armed Forces.

Brought up, and read the First time.

Kevan Jones Portrait Mr Jones
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I beg to move, That the clause be read a Second time.

None Portrait The Chair
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With this it will be convenient to discuss the following:

New clause 10—Due regard given to service personnel—

“(1) When preparing policy, public bodies must have regard to those matters to which the Secretary of State is to have regard in preparing an Armed Force covenant report, under section 359A (2A) of the Armed Forces Act 2006.

(2) In preparing policy, public bodies must consider whether the making of special provision for service people or descriptions of service people would be justified.

(3) The Secretary of State must lay 12 months following the day on which this Act is passed, and every 12 months thereafter, a report which sets out how decisions made by the relevant Departments have taken due regard to the Armed Forces Covenant into account.”

This new clause will ensure the Government fully enshrines the Armed Forces Covenant into law. It clarifies the duty to have ‘due regard’, meaning public bodies and ministers must consider the same issues that the Secretary of State does in preparing the Armed Forces Covenant Annual Report.

New clause 14—Statistics to be reported as part of the Armed Forces Covenant Report—

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

(2) Section 343A, after subsection (5) insert—

‘(5A) An armed forces covenant report must include the number of—

(a) veterans (or families of veterans) who have contacted the Office of Veteran Affairs or Veterans UK each year and an overview of the most commonly mentioned reasons for contact;

(b) veterans who have applied for a Veterans Railcard;

(c) veterans who have applied to the Civil Service Interviews Scheme, and the proportion of these who have been successful in a job offer;

(d) veterans in the street homeless population; and

(e) veterans who have died by suicide.’”

This new clause, with NC15, will improve the Government’s collection and reporting of data on veterans in the Armed Forces Covenant Annual Report. It also places a duty on all public services to establish whether all new users are a veteran.

Kevan Jones Portrait Mr Jones
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First, may I put on the record for the Minister that my constituency is not Darlington North but North Durham, which I am proud to have represented for the past 20 years? Can I also just give him some advice? If he actually read around the subject and understood it, rather than just reading out the civil service brief, he might be able to think on his feet and answer the points. It is called preparation for Bill Committees—I am not sure he does a great deal of that.

New clause 8 gets to an issue that was raised earlier by the hon. Member for Glasgow North West—the ability of the armed forces to make representations on their terms and conditions of employment. That ability is limited, and the first issue that I will raise is pay. We have already heard about their limited ability to raise issues in other areas, but it is down to the Armed Forces Pay Review Body to look at the way in which the armed forces are remunerated. I accept that it is not a straightforward situation, due to not just the different ranks and responsibilities, but the complexity. The three services are not always easy to understand.

Because the armed forces cannot make representations on their own pay, they rely on the Armed Forces Pay Review Body to do that intensive work. Anyone who cares to read its annual reports—sadly, I do—knows that it does an excellent job of trying to gauge opinion across the armed forces, and it has comparators with other sectors. I accept there is not a complete read-across to other, civilian areas, because, for example, there are issues around abatements of pensions and other things, but the Armed Forces Pay Review Body is expert in being able to do these things.

There was not a problem until 2010, because it was assumed that no Government would not accept the pay review body’s recommendations. We are talking about standing up for our armed forces, and I was proud to be a member of a Government who accepted those recommendations in full. However, that changed in 2010, when the coalition Government, and then the current Conservative Government, did not accept the pay recommendations. The MOD might accept them, but they are not implemented in terms of the Treasury recommendations. In 2010, an Army private was paid £17,014 per annum. Average inflation has been 2.7% over the period since then, which means a private should receive £22,338 today. However, a private earns only £20,400 today—an almost 10% cut in privates’ pay since 2010.

On Second Reading, the hon. Member for Brecon and Radnorshire (Fay Jones) said that the Tory party is the party that stands up for the armed forces. I can imagine the hue and cry there would have been if I had recommended that armed forces pay should be cut in such a way when I was a Minister in the Ministry of Defence. This just shows how hollow those words are. One of the important things about a pay review body is the fact that it is independent. Clearly, in 2013, Downing Street did not like the recommendations from Alasdair Smith, who was then the chairman and whom the Government failed to reappoint, because he wanted to go beyond the 1% basic rise that had been recommended.

The Government cannot pick and choose when service personnel are treated as public servants. The wage cap in the public sector was argued for on the basis of austerity, but I would argue that members of the armed forces should be treated separately, because they have an independent body that looks at their pay. As has been raised already, they do not have the ability to make recommendations or to take any actions.

New Clause 8 is designed to ensure that the covenant report includes comparisons with the terms and conditions of service in the public sector. Many of those may well be issues that are raised by the pay review body, but I would certainly like to see that emphasis, so that we can judge what the Government are doing.

As I say, we have had a coalition Government and a Conservative Government who have cut armed forces pay, but they also made people compulsorily redundant in the early 2010s. Again, if I had recommended that as Minister for the Armed Forces, the newspaper headlines and Conservative Members would have said that it was an outrage. However, it has gone through very quietly, like the issue of armed forces pay. New clause 8 would ensure that armed forces pay is on the agenda and we have the ability to ensure that Governments of whichever colour do not renege—which this Government have done, and which the coalition Government did—on armed forces pay.

None Portrait The Chair
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Before I call Stephen Morgan to speak to new clause 10 and then Sharon Hodgson to speak to new clause 14, I remind Members that this sitting is being broadcast live. Members should therefore refrain from arguing in public. I remind everyone that they must formally intervene and then stay on mute when they are not speaking.

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Johnny Mercer Portrait Johnny Mercer
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These new clauses, as I understand them, are linked by a desire to broaden the kinds of issues that the Government are required to report on annually to Parliament in respect of delivery against the armed forces covenant. I will take each new clause in turn and explain why the Government do not believe that proposed additional reporting obligations will work.

New clause 8 would require the armed forces covenant annual report to include comparative data on the terms and conditions of service personnel versus other public sector employees, and an assessment of whether service personnel experience financial disadvantage because of their service. I assure the right hon. Member for North Durham that the Government are committed to ensuring that the terms and conditions of service personnel remain attractive and competitive, and that service personnel do not face financial disadvantage.

The overall remuneration package for service personnel ensures that they are compensated for the additional costs of service life. Whether based in the UK or deployed overseas, service personnel receive additional pay enhancements that recognise the unique challenges of service life, and they are further rewarded with annual pay increments, recognising their development and commitment. On top of that, service personnel continue to be rewarded with one of the most generous non-contributory pension schemes in the country.

I recognise the importance of ensuring that terms and conditions are reviewed regularly. That is the role of the independent Armed Forces Pay Review Body, which we have talked about already this morning. It provides advice to the Prime Minister and the Secretary of State on the remuneration of service personnel, and its remit compels it to consider the need for armed forces pay to be broadly comparable with pay levels in civilian life. The Armed Forces Pay Review Body already submits an annual report on its work to the Prime Minister and the Secretary of State, who then present it to Parliament for the Government to respond to. The recommendations of the AFPRB have always been accepted by the Government. We therefore consider that the additional reporting requirement proposed by this new clause would not provide to Parliament any information that is not already received in the annual AFPRB report.

I move on to new clause 10. I interpret subsections (1) and (2) as requiring all public bodies, particularly Government Departments and Ministers, to have due regard to the principle of the covenant when making policy. If my interpretation is correct, I refer my right hon. Friend the Member for North Durham to answers that I have given elsewhere about extending the scope of the duty to include central Government Departments. Broadly, central Government are already held to account in our delivery of the covenant by the statutory requirement to report annually to Parliament on progress against the covenant. I reiterate that this will remain a legal obligation.

Clause 3 would appear to require the Secretary of State to report annually to Parliament on how other Government Departments have demonstrated due regard to the covenant principles when making policy. Quite apart from the fact that that would impose a disproportionately large administrative burden on Departments—especially the MOD in having to write such a report—the Government consider that the salient information required by Parliament to monitor Government Departments’ progress in delivering the covenant is already contained in the covenant annual report.

Finally, new clause 14 would require the covenant annual report to include new statistics on veterans in several areas, including the number of veterans contacting the Office for Veterans’ Affairs and Veterans UK each year. The Government absolutely recognise the importance of measuring the progress we are making in delivering support for veterans and remain committed to continuous improvement. In terms of both the number and quality of the metrics reported against annually in the covenant report to Parliament, the OVA is working across Government to develop a framework of measures to track progress against the outcomes set out in the strategy for our veterans. We already intend to publish an annual veterans report, setting out our progress in delivering against our objectives. We anticipate that that would also include statistics reflecting the key initiatives, such as the veterans railcard, which my hon. Friend the Member for Washington and Sunderland West mentioned.

In the light of our plans for an annual veterans report, the Government are of the view that these additional reporting requirements for the covenant and the report are not necessary. I hope that, following these assurances, Members will agree to withdraw, or will not press, their new clauses.

Kevan Jones Portrait Mr Jones
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The Minister says that the Government are committed to armed forces personnel facing no financial disadvantage, but they will if the Government accept the Armed Forces Pay Review Body’s recommendations but do not actually implement them. It is important to notice that although the armed forces do have good pensions—they are an outlier in that respect—armed forces personnel do pay for them, because those pensions are taken into account when service pay is calculated by the Armed Forces Pay Review Body.

I would accept what the Minister says, and we would have no problem with this, if we had a Government who implemented the Armed Forces Pay Review Body’s recommendations, but we have not; since 2010 we have had a Government who have not implemented those. I will therefore press the new clause to a vote, because I think an extra level of reporting is needed to show that armed forces personnel are not being disadvantaged in this case by a Government who do not implement the recommendations of the Armed Forces Pay Review Body.

Question put, That the clause be read a Second time.

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Stephen Morgan Portrait Stephen Morgan
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We do not believe that is a satisfactory response from the Minister. Ministers from successive Conservative Governments have promised a solution on this forever and a day. Commonwealth veterans should not have to wait until some time never for a consultation to kick off.

Kevan Jones Portrait Mr Jones
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Does my hon. Friend agree that the Minister did not tell the Committee that since 2010 the fees charged have increased from £840 to £2,389, which has made a real difference in the burden? Those decisions were taken by the coalition and Conservative Governments.

Stephen Morgan Portrait Stephen Morgan
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I thank my right hon. Friend for that intervention. He is absolutely right. I alluded to some of the figures in my speech. Regrettably, the Minister did not cover that in his response. That is why—

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

The new clause is designed to provide greater transparency on the strength of our fighting forces, following the Government’s broken promises on armed forces cuts. It would place a responsibility on the Secretary of State to report to Parliament each quarter on the fighting strength of our armed forces, including on the number of battle-ready soldiers per infantry battalion.

As the Committee knows, the Prime Minister promised to end the era of retreat, and that no further cuts would be made to the Army. Instead, he has further eroded our fighting strength: 45,000 personnel have been cut since 2010, and the forces were 10,000 below target strength. Now the integrated review and the Command Paper have confirmed that the Army will be further reduced to just 72,500 by 2025—smaller than at any time since the 1700s. That has been compounded by a leaked MOD report suggesting that 32 to 33 infantry battalions are short of battle-ready personnel.

The Chief of the Defence Staff said in 2015 that the ability to yield a single war-fighting division was

“the standard whereby a credible army is judged”.

Recently retired British generals have said that further cuts to the Army would mean that the UK is no longer taken seriously as a military power and would damage our relationship with the US and our position in NATO. The Royal United Services Institute recently reinforced that point, suggesting that the cuts mean that the UK can no longer be considered a tier 1 or full-spectrum military power.

These sweeping changes to our armed forces represent a huge gamble with our national security. Although the battlefield is undeniably changing, it remains to be seen whether the investments made in cyber, space and electronic warfare will be enough to keep us competitive on the world stage.

Government cuts to the conventional strength of our forces today, with the promise of jam tomorrow in the form of pioneering technology, are nothing new. Tory Ministers promised the same in the 2010 and 2015 reviews, but they failed to deliver. In 2010 they promised a future force by 2020, and in 2015 they promised a war-fighting division with a strike force by 2025. It is now being promised in 2030. A recent Defence Committee report on the Army’s armoured vehicle capability says that the division will be “hopelessly under-equipped” and overmatched by adversaries.

While we wait to see whether the Government finally deliver a coherent strategy for our national security, it is vital that we have a clear understanding of our fighting strength. Successive Conservative Governments have talked up their commitment to our armed forces, but they have broken their promises at every turn. Our adversaries will exploit continuing holes in our capability, and Labour is determined to ensure that our country can protect itself properly now and in the future.

Kevan Jones Portrait Mr Jones
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I rise to support this new clause because, as my hon. Friend the Member for Portsmouth South has outlined, promises have been broken not just by this Government but since 2010. In the run-up to the 2010 general election, the Conservative party argued for a larger defence budget, an increase in numbers, more equipment, and a commitment to the armed forces of our country. Since then, we have not just seen the size of the Army reduced; we have seen cuts in numbers in the Royal Navy, including the Royal Marines, and in the Royal Air Force. Under the coalition, we had the terrible situation where brave members of our armed forces were made compulsorily redundant—again, something that was never promised in 2010. Certainly, if a Labour Government had implemented that policy, Members on the Tory Benches would have opposed it and would have been highly critical of the Government for doing so.

The overall size of our armed forces does matter, not only in terms of the Army being able to deploy individuals but to ensure that, for example, the Royal Navy has enough personnel to put ships to sea. We can have as much equipment as we want, but if we do not have the individual servicemen and servicewomen to support that equipment, it is useless. In the past few years, we have seen naval ships tied up because of a lack of trained strength, so it is important that we have this report annually and also that it talks about trained strength, because the Government do play fast and loose with the numbers.

It is not just a matter of the overall size, but what the overall capability is and how many members of the armed forces can actually deploy. There has been a decade of decline in the UK’s armed forces, and although the Minister and others champion the idea that they are supporting members of the armed forces, they have been part of a Government that have not only cut pay—as we have already spoken about this morning—but cut the actual numbers of the armed forces.

Another aspect I would like to raise is the lack of opportunity this will mean for many young people in constituencies such as mine, who proudly join the armed services to not only serve their country, but ensure they can have a career that they can be proud of and take those skills back into civilian life. The cuts will have an impact in constituencies across the country that provide men and women for the armed forces, because there will be a lack of opportunities. A lot of negative things are said about service in the armed forces, but I see service as a positive thing, where the people joining not only contribute to the safety that we all take for granted but, more importantly, get great career opportunities and opportunities that they would never have in civilian life. Once they leave, that expertise helps those individuals, and also helps local communities such as mine in North Durham. These cuts will limit the opportunities for those people, which saddens me, and is something we should bear in mind.

Carol Monaghan Portrait Carol Monaghan
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I want to say a few words in support of this new clause. Again, it should be really straightforward. I cannot see any reason why the Government would oppose it; it simply asks for a report on numbers.

Both Members who have already spoken to this new clause have talked about the impact of reduced numbers. We must be clear that despite moves towards cyber-warfare and different types of platform, ultimately reduced numbers threatens our capability. When we are looking at operating in very difficult circumstances, the Government should take seriously any threat to our capability.

We must also think about the impact on the remaining personnel, because the burden on them increases as the numbers decrease, with fewer personnel having to do more. That has an impact on their lives, including their family life and interactions with those outside the military. It can also threaten their ability to take leave; it will be a serious issue if they have leave entitlement but are not able to take leave because there are insufficient personnel to cover. People cannot continue like that; perhaps they can for short periods, but not over months and certainly not over years or indeed their entire service. We need to think carefully about this.

To make a general point, I am concerned that we are in a Bill Committee and we are supposed to be discussing new clauses and amendments, with the Government looking at adopting those that are considered reasonable, but it seems to me at the moment that they have not taken on board a single one. That calls into question what we are all doing on a Wednesday morning participating in such a Committee. So I seek some advice on this from the Chair: surely the Government should seriously consider new clauses and amendments, particularly where there is consensus.

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Richard Holden Portrait Mr Holden
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Not at this moment, no; I am making a very brief point.

I know what happened just after 2010, after the right hon. Member for North Durham left the MOD: a huge amount of programmes were massively over-budget and had to be axed at the last minute, at the cost of hundreds of millions of pounds in some cases.

Kevan Jones Portrait Mr Jones
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Will the hon. Gentleman give way?

Richard Holden Portrait Mr Holden
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Not at this stage, thank you.

We must be realistic, especially as we are looking at totally new threats from across the globe; our adversaries are operating in the grey zone, and we need to look at ways to counter them. If Opposition Members are going to propose different things, they need to explain how we can achieve them.

Kevan Jones Portrait Mr Jones
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I thank the hon. Gentleman for giving way, but say to him that that did not stop the Conservative party in 2009 and the 2010 general election, when it proposed a larger Army and an increase in the Defence budget. Yet the first thing they did was cut it. The hon. Gentleman should practise what he preaches. I do not know whether he was an adviser in 2010, but statements on the record and in the manifesto were completely turned over when the Conservatives entered the coalition Government; the first thing they did was cut the size of the armed forces and make people compulsorily redundant.

Richard Holden Portrait Mr Holden
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I thank the right hon. Member for his comments, but, as he will know, immediately after the general election there was that lovely note left on the Chief Secretary to the Treasury’s desk by the outgoing Chief Secretary to the Treasury saying that there was no money left. He will also know that a lot of the programmes that had to be axed following the 2010 general election had gone massively over-budget, which was only discovered in later years, due to obfuscation by members of the outgoing Labour Government about the actual state of the programmes. So I just say that it would be particularly helpful if, rather than trying to put more and more on the never-never as the last Labour Government did and the Opposition are proposing today, they were honest, straightforward and realistic with the British people about the choices that have to be taken.