Armed Forces: Redundancies
Lord Astor of Hever Excerpts(10 years, 11 months ago)
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The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con)
My Lords, I add my congratulations to the noble Lord, Lord Touhig, on securing this short debate. I know that this is an emotive issue, about which the noble Lord is particularly well informed, having served as the Minister for Veterans in the previous Government. I agree with my noble friend Lady Garden that the noble Lord is a doughty fighter on behalf of the Armed Forces. It is clear that the whole House recognises the importance that we as a nation rightly continue to place on supporting and valuing the extraordinary service offered by our Armed Forces.
The redundancy programme is a consequence of the size of the Armed Forces being delivered under Future Force 2020 and, as such, there are no implications for the UK’s defence capabilities. However, we do not underestimate the task at hand, and the Chief of the Defence Staff was right to reiterate the scale and complexity of what we are asking of our Armed Forces. I do not need to remind this House that the MoD is engaged in the challenging task of reducing our Armed Forces by some 33,000, or 19%, by 2020 across the whole rank structure and, in tandem, reducing the civilian workforce by some 32,000, or 38%. Every single redundancy is regrettable.
I firmly believe we were right to step up to the plate to commission the long-overdue 2010 strategic defence and security review and to set about reconfiguring our Armed Forces to make them better able to meet the threats of the future. I am confident that our efforts to transform defence through the Future Force 2020 programme will deliver, within budget, the battle-winning forces that we need to reach across the world, operating across the full spectrum of defence activity.
There is no plan B. The redundancies are regrettable, but they are necessary. We have been clear all along that, to maintain balanced force structures for the future, an element of these reductions would need to be made through a redundancy programme. For some, they represent an opportunity. Selection principles through all three tranches of the redundancy programme have, therefore, sought to maximise the number of voluntary applications from all personnel who meet the published criteria. For others, I am fully aware that redundancy has been unwelcome news. In both cases, we have done, and will continue to do, all we can to manage the human element of these changes in the best possible way.
In the first instance, those selected for redundancy are encouraged to apply for a transfer to other areas of the Armed Forces, if they meet the selection criteria and a manning shortfall is forecast in the future. Of course, this is not always possible. All those who are ultimately selected for redundancy receive financial compensation and a comprehensive resettlement package to help them to find a job and transition to life outside the Armed Forces. This is the same resettlement package that they would have received had they completed the whole of their service commitment. In most cases, this will comprise a training grant; travel and subsistence; 35 days of paid resettlement training; career transition workshops; a job-finding service; curriculum vitae writing; interview skills; and access to training courses. Additionally, all redundees will have access to housing and financial management briefings and personal career consultancy for up to two years after leaving. Those who have enrolled for enhanced learning credits will have access to academic courses up to 10 years after leaving.
My noble friend Lady Garden asked me to provide an update on the work of the Career Transition Partnership, or CTP. The CTP is a partnering arrangement between the Ministry of Defence and Right Management Ltd, a leading outplacement company. It delivers the suite of training and employment support that I mentioned a moment ago, which is no small undertaking. In total, the number of Armed Forces personnel who have left service and taken part in the CTP programme over the last 24 months to the end of the first quarter of 2012-13 is some 20,800. Over this 24-month period, some 85% of former participants in the Career Transition Programme found employment within six months of leaving service. This is particularly notable when compared to an employment rate of 70% in the general UK population. I am clear that these measures to ensure a smooth transition to civilian life are working. Evidence provided by service leavers indicates that our resettlement provision is consistently to a high standard and that the services that they provide do assist with a successful transition to civilian life.
My noble friend also raised the matter of housing for those who leave service on redundancy terms. The Government are committed to ensuring that service personnel and their families have access to appropriate accommodation when they leave the Armed Forces. Protections have already been put in place through secondary legislation, which means that members of the Regular Armed Forces, their bereaved spouses and civil partners, and seriously injured reservists, must not be subject to disqualification through a requirement for a local connection. Additionally, following parliamentary approval, local authorities are required to frame their allocation schemes to give additional preference to service leavers who have urgent housing needs. When looking for civilian housing, personnel can take advice from the Joint Service Housing Advice Office, a dedicated team that provides advice on civilian housing options. This service also operates a referral scheme to place personnel in available housing association properties. Service leavers are entitled to remain in MoD accommodation initially for 93 days after the termination of their service, extended by a further 93 days when compassionate grounds require it. Where surplus accommodation is available, recently retired or redundant service personnel can also be offered accommodation for six months on payment of the market rate.
My noble friend Lord Palmer and the noble Lord, Lord Rosser, raised the very important issue of morale. It would be wrong of me to suggest that headcount reductions and pay restraint have not impacted adversely on morale. In quantitative terms, the principal means of monitoring changes in morale within the services is the Armed Forces Continuous Attitude Survey, AFCAS, which noble Lords mentioned. The findings of AFCAS are used extensively in shaping policy for terms and conditions of service. Although the 2013 survey shows that over 70% of military personnel described their morale as either “high” at 39% or “neutral” at 32%, the fact remains that 29% describe it as low. We are aware that we have work to do on that. The key point here is one made recently by the Chief of the Defence Staff: the Armed Forces have demonstrated extraordinary resilience and continued professionalism despite the understandable fall in morale in some quarters. That ability to set aside individual happiness and demonstrate true courage and endurance in times of real austerity is something that each and every person in this nation should be rightly thankful for.
The Government understand that there is concern about the reduction in numbers of regulars before we have recruited and trained the increased number of reserves we require—a point made by the noble Lord, Lord Rosser. However, I urge patience. The Future Reserve 2020 programme has created what we believe is a good offer, and, to paraphrase General Houghton, we have to get the message out that people who join the reserves now are joining something exciting and with a strong future. At the same time as growing and transforming the reserve, we are changing the way that we recruit for both regulars and reserve, which includes partners in commerce. These are two large-scale change programmes which are yet to reach full maturity. I assure the House that, at the highest level, the MoD is now working with the relevant contractors—Capita and ATLAS—and all MoD stakeholders to identify the growing pains, iron them out, mature the programmes and deliver as committed.
I must stress that we are now only four months into a five-year plan to grow the reserves and the recruitment campaigns only began in the autumn. The key target is an Army Reserve at a trained strength of 30,000 by the end of 2018. We must not lose sight of the fact that we already have around 19,000 trained, which means we are already two-thirds of the way there. We do not dispute that it is a challenging target, but the Government agree with the assessment of our senior military leaders: it is a plan that can work.
I understand that there is also concern that Armed Forces redundancies will result in a diminution of our ability to conduct operations. I can assure the House that the redundancy programme has not, and will not, impact adversely on current operations in Afghanistan. Throughout the process, we have been at pains to ensure that we preserve the capabilities that our Armed Forces require to meet the challenges of the future. Our commitments were re-evaluated during the strategic defence and security review and we have ensured that, as we build to our new force structure in 2020, we will retain the flexibility to meet them.
The noble Lords, Lord Touhig and Lord Ramsbotham, the noble Baroness, Lady Dean, and my noble friend Lord Palmer all raised the issue of personnel being made redundant before qualifying for the pension point. I want to assure the noble Lords and the House that we take this issue very seriously in the Ministry of Defence. I quote from the website of the Forces Pension Society:
“The view of the Ministry of Defence is that this is most unfortunate, but that any cut-off dates before IPP or EDPP would invariably leave some Service men and women just outside the bracket. This is unavoidable and adjusting the rules, after their agreement and promulgation would only cause further hardship. Any adjustment of the rules once the redundancies had started would have been very unfair to others who had gone before. After much discussion with the most senior Service authorities the Forces Pension Society reluctantly accepts that that is correct”.
To exempt individuals from redundancy solely to enable them to reach their immediate pension point, subsequently selecting other individuals in their stead, would undermine that principle and is not considered fair. The Ministry of Defence also worked hard to ensure that many more individuals received immediate income for which they would otherwise not have qualified. For other ranks on Armed Forces Pension Scheme 75, the normal requirement to serve for 22 years before receiving immediate income is reduced to 18 years on redundancy. That is a concession of four years. Other ranks made redundant just before the 18-year point are not considered to be pensionable, as they are in fact more than four years away from their original immediate pension point.
Officers on Armed Forces Pension Scheme 75 will still qualify for an immediate income after 16 years. Personnel on Armed Forces Pension Scheme 05 will continue to receive early departure payments after serving for 18 years, provided that they have reached the age of 40. The Armed Forces’ redundancy schemes recognise those who miss out immediate incomes by paying them specifically enhanced tax relief. Under redundancy compensation schemes, where people leave before the qualification point, any pension rights earned will also give them preserved pensions and future further tax-free lump sums, which they will receive at age 60 or 65, depending on the pension scheme they are on.
Finally, the noble Lord mentioned a memo from the Ministry of Defence. If he will let me have sight of it, I undertake to look into the matter.
Armed Forces: Human Rights Legislation
Lord Astor of Hever Excerpts(10 years, 11 months ago)
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Baroness Anelay of St Johns (Con)
My Lords, the clock has stopped. I say to colleagues who are trying to leave the Chamber that, on this occasion, we shall maintain dignity by remaining in our seats while the Minister responsible for defence makes an announcement about our armed services.
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con)
My Lords, I am sure that the whole House will wish to join me in offering sincere condolences to the family and friends of Lance Corporal James Brynin, Intelligence Corps, of 14 Signal Regiment (Electronic Warfare), who was killed on operations in Afghanistan recently. My thoughts are also with the wounded, and I pay tribute to the courage and fortitude with which they face their rehabilitation.
Turning to the Question, although the Government have already expressed their disappointment with recent judgments in this area, both in the domestic courts and at Strasbourg, many aspects of the relevant law continue to be uncertain. In view of the importance of the principles at stake, the Government will defend their position vigorously in the key cases still before the courts.
Lord Craig of Radley (CB)
My Lords, why wait? Is there not now sufficient experience of the impact of legal hindsight when passing judgment on the activities of personnel engaged in operations or based overseas? Should not the Secretary of State revive, by order, Crown immunity, as the Crown Proceedings (Armed Forces) Act 1987 allows, to cover warlike operations in any part of the world outside the United Kingdom? Alternatively, will Her Majesty’s Government consider new legislation to define combat immunity, in order to clarify the current position? Could this be incorporated in the Defence Reform Bill now in passage through Parliament?
Lord Astor of Hever
My Lords, I share the noble and gallant Lord’s concerns. He is absolutely right to emphasise the relevance of the 1987 Act. Our Armed Forces should not have to put ECHR considerations ahead of vital operational decisions in the national interest. That is why we are not ruling out any options. An amendment to the Defence Reform Bill would probably be regarded as outside its scope, but we hope that the Court will provide clarification of combat immunity. For that reason we shall defend this litigation with vigour.
Lord Rosser (Lab)
My Lords, I too offer sincere condolences to the family and friends of Lance Corporal James Brynin. These sombre moments have, fortunately, become less frequent in your Lordships’ House, but this moment is a reminder, first, that the courageous members of our Armed Forces continue to risk their lives on behalf of us all, and, secondly, that on occasions the risk becomes reality, with all the heartbreak that that brings.
On 25 June in this House the Minister said, in response to a question, that “urgent cross-government discussions” were taking place to consider the options in the light of the 4:3 majority Supreme Court judgment of 19 June on human rights and our Armed Forces. He also said that advice would be provided to members of the Armed Forces “as soon as possible”. What has been the outcome of those urgent cross-government discussions, and what is the thrust of the promised advice, which has presumably now been provided to members of our Armed Forces?
Lord Astor of Hever
My Lords, we continue to be grateful to Her Majesty’s Official Opposition for their support on Afghanistan. I can assure the noble Lord that my department is exercised about this issue and Ministers are working closely on it with the service chiefs. A number of cases are still before the courts and the legal position is not yet clear. We will continue to monitor developments closely, but I can reassure the House that, even when the ECHR does not apply, UK Armed Forces are at all times required to comply with all applicable domestic and international law. Customary international law and UK criminal law explicitly forbid torture and abuse, and our domestic law applies to members of UK forces at all times, wherever in the world they are serving.
Lord Palmer of Childs Hill (LD)
My Lords, I add from these Benches our sincere condolences on the loss so eloquently expressed by my noble friend the Minister. In his and the ministry’s view, will the actions of the Supreme Court lead to further substantial claims on the Government? What evidence is there of commanders in the field being inhibited because of the comments that have been made in these human rights cases?
Lord Astor of Hever
My Lords, we are concerned that the Supreme Court judgment creates uncertainties in the law that could well impair the ability of the Armed Forces to make robust and timely decisions which are necessary to our national defence. We intend to defend these combat-related claims rigorously.
Lord West of Spithead (Lab)
My Lords, does the Minister not think that this is another example of a number of cases where people are looking at combat through the prism of peacetime? We have seen some extraordinary decisions made in coroners’ courts. We have seen some extraordinary things come out about Bloody Sunday, and we are seeing an extraordinary position as regards the issue being discussed today; I agree totally with the noble and gallant Lord, Lord Craig of Radley, on the subject. Is it not important that we should get the message across that combat is different? A number of us in this Chamber have been in combat and we know that decisions are made in a matter of minutes, if not seconds. People around you are either dying or are in fear of dying and sometimes information is very scant, whereas those with all of the information are taking hours and hours on a warm and balmy afternoon to come to decisions about our military. When we talk about the military covenant, in the end the most important for our military is to be given the ability and the tools to actually fight and win. All of these things are negating that ability.
Lord Astor of Hever
My Lords, I agree with every word that the noble Lord has said and welcome the opportunity to discuss the issue in much greater detail on 7 November during the debate tabled by my noble friend Lord Faulks.
Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) (Northern Ireland) Order 2013
Lord Astor of Hever Excerpts(10 years, 11 months ago)
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Lord Astor of Hever
That the draft order laid before the House on 27 June be approved.
Relevant document: 7th Report from the Joint Committee on Statutory Instruments. Considered in Grand Committee on 15 October.
Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) (Northern Ireland) Order 2013
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Lord Astor of Hever
That the Grand Committee do report to the House that it has considered the Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) (Northern Ireland) Order 2013.
Relevant document: 7th Report from the Joint Committee on Statutory Instruments.
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con)
My Lords, I greatly welcome the opportunity to open this important debate. I am introducing this legislation specifically for those seriously injured service and ex-service personnel resident in Northern Ireland who are entitled to an Armed Forces independence payment, or AFIP for short. This legislation provides access to additional benefits, schemes and services, known as passported benefits.
Noble Lords will recall that I led a debate on 25 March this year introducing similar legislation for service and ex-service personnel residing in other parts of the United Kingdom. Today’s debate will ensure that AFIP recipients resident in Northern Ireland have similar access to passported benefits.
The changes to be debated are closely linked to the Government’s commitment to uphold the Armed Forces covenant, the key principles of which are to ensure that members of the Armed Forces community are not disadvantaged compared to other citizens in the provision of public and commercial services, and that special consideration should be given, as appropriate, in some cases, especially to those who have given the most—for example, the injured and the bereaved.
The covenant applies to the whole Armed Forces community, comprising service and ex-service personnel and their families wherever they are located, and the Ministry of Defence is keen to see it implemented widely. We recognise that the circumstances for the Armed Forces community in Northern Ireland are different, for reasons that are well understood.
For example, wounded, injured and sick personnel in Northern Ireland benefit from an extra level of support from the Personnel Recovery Unit based in Northern Ireland, and are currently part of a trial under which the Ulster Defence Regiment and the Royal Irish (Home Service) Regiment Aftercare Service provide welfare for them after they are discharged.
We are putting in place support and help for those who have suffered serious injury in the line of duty, and these provisions will further enhance that support. To explain the need for these regulations, it may be helpful if I provide noble Lords with some background.
In July 2012, the Prime Minister announced that the Government would simplify and enhance financial support for members of the Armed Forces who have been seriously injured, as part of the measures to uphold the Armed Forces covenant. My department worked closely with the Department for Work and Pensions to implement AFIP on 8 April 2013 across the UK, at the same time as the personal independence payment was brought in to replace disability living allowance as part of the welfare reform programme. The MoD also introduced a number of consequential amendments to put in place access to additional benefits and services for AFIP recipients in England and Wales. On 11 June 2013, similar legislative provisions were put in place for AFIP recipients resident in Scotland.
While the AFIP payment has been available to seriously injured service and ex-service personnel resident in Northern Ireland, the legislative changes to provide access to passported benefits have not been implemented. This debate will begin this process, with a second legislative amendment to follow in due course.
In order to establish access to two important “passports”, we are required to amend two other parts of primary legislation. That is what we will debate today. These minor but important legislative changes are in respect of, first, carer’s allowance and, secondly, the Christmas bonus.
The legislative change in respect of carer’s allowance will ensure that those who provide invaluable support to seriously injured members of the Armed Forces in receipt of AFIP have access to carer’s allowance in Northern Ireland from the Department for Social Development. Carer’s allowance is currently £59.75 per week. This change will make provision specifically for those who devote their lives to support our seriously injured people, providing some financial support for doing so. It is only right that a person caring for an AFIP recipient should have access to the carer’s allowance.
The provisions relating to the Christmas bonus will ensure that all recipients of AFIP automatically qualify for the tax-free, lump-sum Christmas bonus of £10, which is paid annually in Northern Ireland by the Department for Social Development.
By putting in place the provisions to enable AFIP recipients resident in Northern Ireland to access the additional benefits, schemes and services offered by other government departments, devolved Administrations and local authorities, the Government are giving them equal treatment to that offered to service personnel and veterans resident elsewhere in the UK. This is another example of the Government’s commitment to uphold the Armed Forces covenant.
It is important that we address these issues in order to meet the principles at the heart of the covenant across all Administrations for members of the Armed Forces and veterans who are seriously injured. I commend the order to the Committee and I beg to move.
Viscount Brookeborough (CB)
My Lords, I welcome the order. It is a very worthy measure. Everyone in Northern Ireland is delighted that it is extending to Northern Ireland. I was not present when this was debated for the remainder of the United Kingdom. When the Armed Forces covenant first appeared, it was very welcome, but there was perhaps a little doubt about how it would benefit people and how it might be implemented, especially in Northern Ireland. The covenant was a stepping stone—or a foundation stone—for extending other things and showing better care support for all our soldiers, especially those who have been injured.
One could go into how difficult it was in Northern Ireland, but it is better to look at it the other way: thank goodness it has become slightly easier to introduce this in Northern Ireland. We know that there were issues with talking to the Northern Ireland Assembly, and it is most welcome that the talks went well and that we are now getting to the stage where we are able to give our soldiers, and especially our veterans, support that is equal to what they have here.
I was interested to hear the Minister refer to the aftercare service as being a “trial”. That was the first time that I had heard it talked about like that. I hope that he thinks that it is being tried because certain aspects might be very beneficial in the remainder of the United Kingdom.
Overall, this is a most welcome measure. We should not highlight the problems and how difficult the process was, but should welcome it as a great step forward.
Lord Astor of Hever
My Lords, first, I thank the noble Viscount, Lord Brookeborough, for his support. I was heartened by what he said about the very positive changes in Northern Ireland. Secondly, I thank the noble Lord, Lord Rosser, for mentioning the Opposition’s support for this order.
The noble Lord asked some questions and I hope that I am able to answer them. First, he asked how numerous or few are the relevant Northern Ireland Ministers whose consent has to be sought and given. The answer is five, plus the Minister of State for Northern Ireland. The noble Lord asked whether the costs will be borne by UK taxpayers as a whole. The answer is yes, it will. He asked how many seriously injured service or ex-service personnel will be covered by this order relating to Northern Ireland. The answer is fewer than 20.
The title of the order refers to the Armed Forces and Reserve Forces. The noble Lord said that it would be helpful if I could confirm—I wrote this down—that there is parity of treatment under the terms of the order between the two forces. The answer is yes.
In summary, I will restate a point I made when I opened this debate. The changes debated today are closely linked to the Government’s commitment to uphold the Armed Forces covenant. It is only right that we provide access to additional benefits, schemes and services for the most seriously injured, wherever they are resident in the United Kingdom. I believe that these changes will go some way to achieve this.
Ministry of Defence: Dogs
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Baroness Oppenheim-Barnes
To ask Her Majesty’s Government what steps are taken by the Ministry of Defence to retrain and rehome dogs when their period of duty in the military at home or abroad is complete; and what proportion of those dogs are returned to the United Kingdom.
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con)
My Lords, military working dogs and their handlers provide a valuable range of specialist roles worldwide. The dogs’ welfare is a primary consideration during and after their service. The MoD rehomes all suitable dogs, often with someone closely involved when the dog was serving and with families who are carefully vetted. There are no time restrictions on a dog being kept while a suitable home is looked for. The majority of dogs serving overseas are re-homed in the United Kingdom.
Baroness Oppenheim-Barnes (Con)
I thank the Minister for that reply. Is he aware that I am extremely pleased with it, as will be the highly regarded Dogs Trust? These dogs have served their country very well at the side of the brave soldiers, whose lives they often save, and it is good to hear that the Army is treating them humanely on retirement.
Lord Astor of Hever
My Lords, I am delighted that my noble friend is pleased with my Answer. I join her in paying tribute to the wonderful work done by the Dogs Trust. All personnel from the military working-dog community do everything that they possibly can to rehome all suitable dogs at the end of their service life. Many dogs, understandably, are adopted by their handlers. We have rehomed around 360 dogs during the past three years and currently have 150 people waiting to offer a home to a suitable dog.
Lord Tomlinson (Lab)
When the Minister has solved the problem of dogs, will he turn his undoubted abilities to solving the problem of the £2 billion cash surplus that the Ministry of Defence has apparently been unable to spend, as was reported in the Sunday Times yesterday, to the detriment of major missions in the Middle East, where we have significant defence interests?
Lord Astor of Hever
My Lords, I am sorry to disappoint the noble Lord but this Question is specifically on dogs. He can table a Question on the issue that he has raised at some other point.
Lord Trefgarne (Con)
My Lords, is my noble friend aware that I have had the privilege of owning two dogs that were retired from military service, which of course I purchased from the Ministry of Defence, and that both were beautifully looked after and were quite excellent?
Lord Astor of Hever
My Lords, I am really pleased to hear what my noble friend says. There is great interest in this issue, particularly in the different types of military working dogs. I have asked my department to put in the Library a list of all the different types of specialist and protection dogs, as well as the reasons why a small number of working dogs were killed during the past three years—I think that it was two this year, one the year before and one the year before that—along with information on the number of dogs that were put to sleep and the reasons for that.
Lord Harris of Haringey (Lab)
My Lords, I accept that this Question is primarily about the rehoming of military dogs, but is there not also a problem with the substantial number of ex-servicemen who end up sleeping on our streets because they are not afforded the proper moves into civilian life? I would be grateful, if he cannot do so today, if the Minister could perhaps report to the House at some future stage on the steps being taken to ensure that ex-service personnel are treated appropriately by this society?
Lord Astor of Hever
My Lords, I am very happy to do that at a future point in a defence debate, but this is a good-news story about what we are doing for military dogs. I am very unhappy to see us going off-piste.
Baroness Doocey (LD)
My Lords, will the Government examine the enactment of “Robbie’s law” in the United States, which has led to a huge reduction in the number of retired dogs that have to be put to sleep, with a view to introducing a similar system in this country?
Lord Astor of Hever
My Lords, I am very happy to look at that. The situation in this country is that the decision to put a dog to sleep is taken by a veterinary officer and only after all possible avenues have been exhausted. From 2010 to June 2013, sadly, 300 dogs had to be put down, and the reasons for this included injury, illness and age-related welfare reasons. As I have said, those cases were looked at by veterinary officers and the decision was taken only as a last resort.
Lord West of Spithead (Lab)
My Lords, does the Minister agree that we have a good track record in this country of looking after animals within the military? I am sure he will be interested to hear that when we did Options for Change at the beginning of the 1990s, our one study into animals within the forces, known colloquially as the Winalot study, discovered, to the surprise of the Navy, that Army and Air Force dogs had a higher per diem rate for food than officers and men within the Royal Navy.
Lord Astor of Hever
My Lords, that is a very interesting question and I will consider it closely.
Lord Brooke of Sutton Mandeville (Con)
My Lords, if I may shift the emphasis from the Government to dogs, is my noble friend aware that Greek vases demonstrate a considerable use of dogs two-and-a-half millennia ago? That tradition has been maintained for a very long time—to the enormous credit of the dogs.
Lord Rosser (Lab)
My Lords, last week it was government policy being thwarted by badgers moving the goalposts; this week it is defunct, deceased dogs causing headaches. Presumably the Minister can give an assurance that no decisions to put down dogs are made on financial grounds, bearing in mind the recent disclosures about the hundreds of thousands of pounds being consumed within the Ministry of Defence on calls to 118 numbers at a time when money is in short supply. Will the Minister also clarify what percentage of military working dogs are put down before they are retired, and what percentage are retrained or re-homed on retirement?
Lord Astor of Hever
My Lords, I can give the noble Lord the commitment that no dogs are put down for financial reasons. The vast majority of dogs had to be put down as the animals’ condition impeded and reduced their quality of life. As noble Lords may know from sad personal experience, everyone will at times have to put animals to sleep when it is the only option. The death or destruction of a military working dog is subject to formal investigation and report, as required. Dogs are not usually retrained during their military service. The role that a dog undertakes is normally one which the dog has a natural inclination to perform as a result of breed characteristics and behavioural traits.
Lord Elton (Con)
My Lords, there are occasions when it is impossible to find a successor owner for the dog. Would my noble friend bear in mind the work of the Cinnamon Trust, which has a fascinating remit of supplying bereaved people with dogs which have also been bereaved, and homing other difficult cases in a way which promotes the happiness of both the animal and the human?
Lord Astor of Hever
My Lords, my noble friend makes a very good point. I will certainly study carefully the excellent work of the Cinnamon Trust.
Armed Forces Act (Continuation) Order 2013
Lord Astor of Hever Excerpts(11 years, 2 months ago)
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Lord Astor of Hever
That the draft order laid before the House on 2 July be approved.Relevant document: 7th Report from the Joint Committee on Statutory Instruments.
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)
The two instruments for our consideration today are the Armed Forces Act (Continuation) Order 2013 and the Armed Forces (Alcohol Limits for Prescribed Safety-Critical Duties) Regulations 2013. As is customary, I should like to say a few words in support of each of them, starting with the continuation order.
The purpose of this order is to continue in force the legislation governing the Armed Forces for a further period of one year until the end of 2 November 2014. Though a small item of business, this order is crucial to ensuring that the Armed Forces Act 2006 remains in force. As noble Lords will know, the Armed Forces Act 2006 provides for the disciplinary system of the Armed Forces wherever in the world they are serving. The Act contains many important provisions, but perhaps the most important ones are the duty to obey lawful commands and the mechanism for enforcing that duty. Without those provisions, the Armed Forces would be unable to continue as a disciplined force, and the practical effect of not continuing the Act would be that the Armed Forces, as we know and admire them, would cease to exist.
The legislation governing the Armed Forces has to be renewed by Parliament every year. There is an Armed Forces Act every five years. In between, there is an annual renewal by Order in Council, the draft of which is before this House for approval. It reflects the constitutional requirement under the Bill of Rights that the Armed Forces may not be maintained except with the consent of Parliament.
The most recent Act is the 2011 Act, which amended the 2006 Act and continued it in force on the basis I have already briefly described. Our aim was to implement the largest part of the 2011 Act by the spring of this year. We have done that. Work to complete implementation of that Act continues and work on the next has begun. We propose to introduce the next Armed Forces Bill in 2015, in time for it to complete its parliamentary stages and receive Royal Assent before extension of the 2006 Act given in 2011 expires. It is too early to say anything about the scope of that Bill.
I now turn to the new alcohol regulations. Currently, under the Armed Forces Act 2006, an offence is committed if a person subject to service law is, due to the influence of alcohol or drugs, unfit to be entrusted with any duty they may reasonably be called on to perform or their behaviour is disorderly or likely to bring discredit to Her Majesty’s forces. Tests for alcohol and drugs can be administered only after a serious incident. There is, however, no power to test an individual in the services before an incident where it is suspected that he or she may be under the influence of drugs or alcohol. Our aim is to provide commanding officers greater powers to deal with unfitness for duty through alcohol or drugs by allowing them to take action early, before an incident occurs.
The Armed Forces Act 2011 provides for the testing of persons subject to service law where they are suspected either of being over a set alcohol limit or of being unfit through drink or drugs to carry out any safety-critical duty. It created a framework for doing this based broadly on the provisions in the Railways and Transport Safety Act 2003. That Act provides an alcohol and drug testing regime in the civilian professional shipping and aviation environments. The services, however, are exempt from the provisions of that regime. We are not removing the current exemption from the 2003 Act. Instead we are introducing a bespoke scheme for the services. This is a further step to ensure that personnel conducting safety-critical activities are not impaired by alcohol or drugs. This will run alongside the compulsory drug testing programme.
The 2011 Act amends the 2006 Act to create a new offence with regard to the amount of alcohol a person subject to service law can have in their breath, blood or urine in relation to prescribed safety-critical duties. The regulations we are considering today prescribe those safety-critical duties to which a specific alcohol limit is to apply, and the related alcohol limits for breath, blood or urine. To be specified as a duty to which a particular limit will apply, a duty must be such that performing it while impaired by alcohol or drugs will result in a risk of death, serious injury or serious damage to property, or serious environmental harm.
The regulations set out two levels of alcohol for the testing of breath, blood or urine in relation to prescribed safety-critical duties. The majority of safety-critical duties fall into the higher alcohol levels. These mirror the alcohol limits for drink-driving in criminal law under the Road Traffic Act 1988. That is a recognised and easily understood benchmark. Lower alcohol levels are set for those duties that require a heightened speed of reaction in an emergency situation, such as aviation or carrying a loaded weapon. Such duties demand that personnel should have no ingested alcohol in their body on commencement of the duty. This recognises that even small amounts of alcohol in a person’s system can have a detrimental effect on his ability to perform such duties. However, I should say that a small tolerance level is allowed because in some people small amounts of alcohol occur naturally in their body.
There are no accepted limits for the presence of illegal drugs. Under the 2006 Act, as amended by the 2011 Act, a commanding officer will be empowered to require a person who is subject to service law to co-operate with preliminary testing when he has reasonable cause to believe that that person’s ability to carry out any safety-critical duty is impaired through alcohol or drugs or that the person is over the prescribed limit for the particular safety-critical duties prescribed in these regulations.
In summary, these regulations implement the scheme agreed by Parliament in the 2011 Act so that all concerned can be confident that those performing safety-critical duties are not doing so with any impairment through alcohol or drugs.
Lord Astor of Hever
My Lords, I am very grateful to both noble Lords for the support they gave to the instruments that we have considered today. I particularly appreciate the welcome given by the noble Lord, Lord Tunnicliffe. He and I have discussed this issue in some detail in the past and I very much respect his views. He speaks with great authority on the matter. I share his views on alcohol.
The noble Lord said that it is difficult to change attitudes on alcohol. It is my experience as a defence Minister that there really has been a cultural change within the Armed Forces. Members of the Armed Forces no longer have an expectation that drink is appropriate. The Armed Forces have consistently taken a very strict view on drugs.
As a defence Minister, I manage to get around quite a lot and find that you hardly ever get served alcohol at lunchtime in messes. I cannot remember when I was last served alcohol in a mess. A couple of months ago, I visited a brigade of guards at Richmond and the lunch was totally alcohol-free. That would not have happened 10 years ago. This is certainly the case at a lot of other Royal Air Force and Navy messes. The noble Lord asked whether this issue would be handled sensitively. I discussed that with officials before the debate and I assure him that it will be handled very sensitively.
I also very much welcome the support given by the noble Lord, Lord Rosser. I echo the noble Lord’s support for, and appreciation of, what the Armed Forces do for us all. The noble Lord asked about the basis of the testing and whether it would be done by breathalyser or the taking of urine samples. He will have noted that I touched on this subject in my opening speech. The likelihood is that in most cases the sample will be of breath, as in the civilian system, but blood or urine may also be required if necessary. Preliminary tests could be by breath under Section 93B, preliminary impairment test under Section 93C or a preliminary drug test under Section 93D. However, the commanding officer will, of course, have had to make a judgment to refer an individual for testing, and the service police will decide which test to conduct.
The noble Lord asked why there were two categories; why not use just category 2—the stricter one? As I explained in my opening remarks, the lower limit is set for those duties that demand heightened reactions, such as when piloting an aircraft or duties that are particularly hazardous if performed while impaired, such as having a firearm and ammunition or dealing with explosives. The higher limit is the limit set in civilian law for drink-driving and is therefore appropriate to activities that can be carried out safely after consumption of a small amount of alcohol.
I should also say that we considered it important to provide a balance. On the one hand, we want to allow members of the Armed Forces to relax, with access to alcohol in moderation, when operational demands allow. On the other hand, we must ensure safety in operational effectiveness. Too stringent a regime would be unjustifiably oppressive. We have therefore only where necessary imposed a limit that amounts to a complete ban for duties.
The noble Lord asked what the criteria were for categories 1 and 2. I touched on this in my opening remarks but, for amplification, I should point out that the higher limit is itself a low limit—the one set for drink-driving. The lower limit amounts, in effect, to a total ban on alcohol. We do not wish to impose a total ban unless it is demanded by the nature of the activity. However, we are not saying that it is always right for personnel to conduct duties subject to the higher limit when they are only just under that limit. If there is any evidence to suggest that personnel are impaired, a commanding officer can take action under existing provisions relating to unfitness for duty.
The noble Lord pointed out that divers come under category 1, while diving supervisors are also category 1. He asked why they are not category 2. I emphasise that even the higher limit is not a licence to abuse alcohol. On the specific point of divers and their supervisors, we have consulted the services carefully about which duties should be subject to which limit. Our judgment is that while both activities are safety critical, they do not fall into the narrow category of activities for which the lower limit is considered to be necessary. We do not see any need to treat a supervisor more stringently than the divers.
The noble Lord also touched on the point that the noble Lord, Lord Tunnicliffe, made about changing attitudes. Members of the Armed Forces can be considered to be on duty all the time, and it was therefore essential to provide a balance between allowing members of the Armed Forces of all ranks to have some relaxation, subject to the needs of operational effectiveness and especially of safety. The approach adopted was therefore to focus on duties that are safety critical. Unfitness or misconduct through use of alcohol or drugs remains an offence under Section 20(1) of the Armed Forces Act and covers instances in which service personnel are unable to carry out their duty, or their behaviour is disorderly or likely to bring discredit on Her Majesty’s forces. However, we do not want to introduce a regime that is oppressive or any more limiting than operational demands require.
We feel that there is evidence of a considerable change. It may be the case that there was a drinking culture in the past but my experience of the past few years strongly suggests that that is not the case now. These regulations seek to reinforce this change by creating a more professional and responsible approach to alcohol.
The noble Lord, Lord Rosser, mentioned the shooting incident on HMS “Astute”. The service inquiry found that nothing about Able Seaman Donovan, as witnessed by the duty personnel on board HMS “Astute”, had provided just cause for doubting his fitness to stand duty. I would not wish to speculate about whether the circumstances of this tragic case would or could have been different. In future, there will be a power to test individuals where there is reasonable cause to believe that a service person is unfit through alcohol or drugs, or has exceeded the prescribed alcohol limits for safety critical duties. A second-hand report that the offender had been seen drinking alcohol at a particular time may give reasonable cause for holding that belief.
The noble Lord asked whether testing will be random under the power. The answer is no. The power to test arises when there is some reasonable ground to believe that the person is in breach of the limit or is otherwise unfit for duty. This follows the civilian powers to test. I will study carefully what both noble Lords said, and if there is anything to add to what I have said, I will write to both noble Lords.
Armed Forces (Alcohol Limits for Prescribed Safety-Critical Duties) Regulations 2013
Lord Astor of Hever Excerpts(11 years, 2 months ago)
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Lord Astor of Hever
That the draft regulations laid before the House on 1 July be approved.
Relevant document: 8th Report from the Joint Committee on Statutory Instruments.
Armed Forces: Pension Scheme
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Lord Touhig
To ask Her Majesty’s Government how many soldiers made redundant since the Strategic Defence Review have reached full pension age.
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)
My Lords, no soldiers fall into this category as full pension rights are granted only at the completion of a full military career. Personnel within the last three years of their engagement were ineligible for consideration under the redundancy scheme. The redundancy scheme that we have implemented is designed to ensure that all those made redundant leave by 31 March 2015, and personnel requiring full pension rights by that date would therefore normally leave anyway.
Lord Touhig
My Lords, following our last exchange on this matter on 20 June, I received an e-mail from a 35 year-old soldier who joined the Army as a boy of 16. He served in Northern Ireland, Sierra Leone, Iraq and Afghanistan and was told that he had a future in the Army. Indeed, two months ago, he was promoted to WO2.
While he was convalescing following surgery, his wife attended an army wives’ event to discover by chance that he was to be made redundant; he had not been told. Further inquiries revealed that he was to be made redundant 24 days before he qualifies for full pension. He is set to lose £10,000 a year in pension. I am sure that the whole House will join me in wishing him well in his appeal against redundancy.
Lord Touhig
When he returns to his department this afternoon, will the Minister review the redundancy package and, if necessary, come back to the House and reassure us before we break next week that no soldier who is prepared to put his life on the line in defence of our country will be made redundant in this cheapskate sort of way in order that the Treasury can save what amounts to no more than a few bob in petty cash?
Lord Astor of Hever
My Lords, I am sorry to disappoint the noble Lord, but we have no plans to review this. When selecting personnel of the Armed Forces for compulsory redundancy, no consideration was given to the proximity of the immediate pension point. I can tell the noble Lord that only 1.2% of those made redundant are close to their immediate pension point. As we reduce the size of the Armed Forces, our priority is to ensure that the services maintain the correct balance of those skills and experience across rank structures that are required to deliver operational capability now and in the future. That is what has determined our redundancy criteria.
Lord Ribeiro
My Lords, what support will be made available for members leaving the Armed Forces, in particular for those members who are in danger of committing suicide?
Lord Astor of Hever
My Lords, my noble friend asks a very important question. The majority of service personnel make a successful transition to civilian life. All service leavers are entitled to some form of resettlement assistance. The Career Transition Partnership has proved successful in assisting service leavers to find work and a recent defence statistics survey shows that of the service leavers in 2011-12 who have a known employment outcome, around 85% are employed within six months of leaving the Armed Forces. Our resettlement arrangements are kept constantly under review to ensure the needs of service leavers are met.
Lord Hughes of Woodside
My Lords, did I hear the Minister correctly? Did he really say that, in making people redundant, no account was taken of the proximity of the retirement date and that only 1% were so affected? How can he have the bare face to come to this House and make a statement like that?
Lord Astor of Hever
My Lords, I did say that only 1.2% are affected. The redundancy schemes recognise those who miss out on immediate incomes by paying them significant enhanced tax-free redundancy compensation lump sums. Those who leave before the qualification point will get preserved pensions and further tax-free lump sums at the age of 60 or 65, depending on the pension scheme they are in. Armed Forces pensions remain among the most generous in the public or private sector. We recognise the unique role and sacrifice of the military, which is why the Armed Forces continue to benefit from non-contributory pension schemes.
Lord Palmer of Childs Hill
My Lords, what impact does the Minister consider has been made to Army morale since the announcement of the third round of redundancies on 18 June this year? What conclusions about morale does my noble friend the Minister draw from the increased proportion of voluntary redundancies in the recent tranche of Army redundancies, up, reportedly, from 72% to 84%?
Lord Astor of Hever
My Lords, there is no evidence that morale in the Armed Forces has been adversely affected by the redundancy programme. The number of applications for redundancy is not an indicator of the state of morale because the Army has deliberately set out to maximise applications. Recruiting for the Armed Forces remains buoyant.
Lord Elystan-Morgan
My Lords, it is the Minister’s case that no cognisance is taken of the proximity of a decision in relation to redundancy and a pension date. How does it come about that the Ministry is able with such precision to say exactly what proportion is applicable in this case?
Lord Astor of Hever
My Lords, because of the complexity of pensions calculations, establishing the exact number of Army personnel who fall into this category would require manual analysis of the records of those selected for redundancy. This could be undertaken only at disproportionate cost. However, to ensure the redundancy programme is fair, selection criteria have been published by each service and, while rank and seniority are reflected in selection criteria, length of reckonable service is not. This means that individuals might be made redundant either just before or just after the length of service at which they qualify for an immediate pension. Redundancy criteria are based on the future needs of the Army. Exempting personnel because of proximity to pension point would be contrary to this principle and would mean selecting others instead.
Lord Grocott
My Lords, the mood of the House in response to the Minister’s answers is one of considerable concern. It is no answer to the serious example spelt out in detail by my noble friend Lord Touhig, which seems to show a grave injustice, to say that this grave injustice applies to only 1.2% of the people affected. It is a grave injustice to them and, at the very least, I would appeal to the Minister—who listens carefully to what is said by the House—to go back to the department and say that there has been a very unhappy response to the answers he has given today.
Lord Astor of Hever
I will take on board what the noble Lord says. I cannot make any promises, as we have spent a lot of time considering this scheme and it has been very carefully thought out.
Armed Forces (Retrial for Serious Offences) Order 2013
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Lord Astor of Hever
That the draft orders laid before the House on 17 June be approved.
Relevant document: 6th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 8 July.
Afghanistan
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Lord Clark of Windermere
To ask Her Majesty’s Government what plans they have for British troops in Afghanistan after 2014.
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)
My Lords, as part of the United Kingdom’s commitment to the Afghan National Army Officer Academy, the UK will initially contribute around 90 of the 120 mentors. This will diminish over time as the Afghans increasingly work independently. In addition, we will retain sufficient force numbers to ensure that we properly protect our adviser footprint after 2014. Until NATO planning has matured, it is premature to speculate what other residual military presence the UK will have after 2014.
Lord Clark of Windermere
I thank the Minister for that Answer. Although I fully support the withdrawal of combat troops after 2014, I can understand the Government’s reluctance to be absolutely precise about the numbers remaining thereafter. However, does he accept that the new, large Afghan army will still be short of a number of military facilities, such as close air support, fuel and food delivery, and medevac? If we are to ensure that the sacrifices of our soldiers are not in vain, will the Government ensure that we help the new Afghan army in those areas in which it is short?
Lord Astor of Hever
My Lords, I am very grateful to the noble Lord for his support for our moves post-2014. We are fully aware of the issue of enabling support to the ANSF. Last year, this priority switched from growing the forces to professionalising and developing their ability to support themselves post-2014 as ISAF draws down. In addition to taking the coalition lead in supporting the officer academy, the UK will maintain its current development assistance of £178 million a year until 2017, and we will also contribute £70 million a year until at least 2017 towards sustaining the ANSF.
Lord Lee of Trafford
In terms of medical support, following on from the noble Lord’s question, are there any plans to leave any specialist medical equipment in theatre in Afghanistan, and are there any plans for our medical personnel—those with particular specialisms—to stay there to work alongside the Afghan medics?
Lord Astor of Hever
My Lords, leaving medical equipment in Afghanistan is being discussed at the moment and no decision has been taken on that. By the end of 2013, the ANSF are due to have developed sufficient medical capabilities to take over responsibility for dealing with their own casualties with non-life-threatening injuries, known as category B casualties. By the end of 2014 they will take over responsibility for all their casualties, including the most serious types of injuries. ISAF continues to monitor ANSF progress towards an independent medical capability, and the UK is supporting it to deliver surgical capability in Helmand through the provision of medical advisors to Afghan medical personnel.
Baroness Coussins
My Lords, will the Minister update the House on what plans there are for the locally employed interpreters, who are likely to be in greater danger following the withdrawal of British troops, particularly the interpreters who are based in Kabul and elsewhere who I understand are not currently eligible to apply for the resettlement package that is being offered by Her Majesty’s Government?
Lord Astor of Hever
My Lords, we want to support those local staff who will be made redundant so that they can go on contributing to a brighter future for them and their country. This support is based on a generous in-country package of training and financial support, available for all staff, or a financial severance payment. For those who are eligible—patrol interpreter Foreign Office equivalent staff—there is the opportunity to apply for relocation to the UK.
This is a redundancy scheme and is not to be confused with our existing provisions for staff safety and protection. Any staff member who is threatened and at genuine risk due to their employment with us will be supported. In extreme cases, via our intimidation policy, it may be appropriate to consider relocation to the United Kingdom.
Lord Selkirk of Douglas
My Lords, will the Minister say whether military equipment, including vehicles and containers that are needed in Europe, are being satisfactorily withdrawn and that the plans are proceeding as intended?
Lord Astor of Hever
My Lords, as I understand it, the redeployment is progressing well. As of 30 June, we have redeployed 797 vehicles and pieces of major equipment, and 1,234 20-foot containers’ worth of materiel from Afghanistan.
Baroness Farrington of Ribbleton
My Lords, I declare an interest: a close member of my family will be in Afghanistan until the withdrawal in 2014. Will the Minister give an assurance that the protection equipment that is available to protect our troops will be absolutely up to standard and adequate to protect them during what may be a difficult change period?
Lord Astor of Hever
My Lords, I can assure the noble Baroness on that point. While we remain part of the ISAF combat mission in Afghanistan, UK forces will continue to maintain the military means and legal authority to defend themselves in the event of an attack. We will retain sufficient force numbers to ensure that we can properly protect our adviser footprint up until 2014 and afterwards. We will also ensure that we have sufficient access to enable this, such as medical facilities and support helicopters. I assure the noble Baroness that the answer is yes.
Lord Ramsbotham
My Lords, anyone who has had the privilege of visiting our troops in Helmand will have realised the great appreciation shown by the Afghan army for the British troops and the way that they are being trained. Currently, a Select Committee in this House is examining soft power, and soft power includes the military influence in training and spreading the British influence into other countries. I know that we are talking about the officers’ training academy, but are there intentions to carry on lower-level training, which does so much to increase our influence in Afghanistan after we have left?
Lord Astor of Hever
My Lords, the noble Lord is quite right about how much the ANSF appreciate the work we are doing to mentor them. I saw that for myself when I was last in Afghanistan and talked to a number of Afghans who are hugely appreciative of what we are doing. As the Prime Minister has said, the UK has played a very big part in the ISAF military campaign but we have also paid a very high price. It is therefore right to focus on the officer academy, which is the one thing we have been asked to do by the Afghans, rather than looking for ways to go beyond that.