Armed Forces: LGBT Veterans

Lord Cashman Excerpts

Monday 17th October 2022 Lords Chamber

[Baroness Goldie (Con)]

Many in your Lordships’ Chamber will have much sympathy with what my noble friend is saying. I observe that the Armed Forces Pension Scheme is not concerned with the terms and conditions of employment surrounding the circumstances of dismissal; that is to do with the environment in which Armed Forces personnel were engaged and served. There is no provision in the Armed Forces Pension Scheme that is discriminatory on the basis of a member’s sexuality, and it is not possible in law to amend the scheme rules so that they have retrospective effect.

At the heart of the review by the noble and learned Lord, Lord Etherton, is consideration of the impact of the policy observed by the Armed Forces between 1967 and 2000 on Armed Forces personnel who were dismissed on the grounds of sexuality. As my noble friend observed, the noble and learned Lord, Lord Etherton, is ideally placed to carry out this review. We look forward to his conclusion and recommendations, which we will consider very carefully.

[Lord Cashman (Lab)]

My Lords, I first raised this issue with the Defence Select Committee in 1991. Some 31 years later, we are still waiting for this grave injustice to be addressed. While I wholly support the important review by the noble and learned Lord, Lord Etherton, I ask the Government to think again and take immediate and specific action to address this issue of pensions faced by an ageing population.

Relatedly, when will the Government commence provisions in Part 12 of the Police, Crime, Sentencing and Courts Act 2022 to allow service personnel and others who were prosecuted on the grounds of sexual orientation to gain the justice they deserve?

[Baroness Goldie (Con)]

I pay tribute to the noble Lord, Lord Cashman, and to my noble friend Lord Lexden for their unstinting commitment to these issues. To start with the first part of the noble Lord’s question, I do not think there is much I can add to what I have already said to my noble friend. It is within the scope of the inquiry by the noble and learned Lord, Lord Etherton, to look at all the impacts on personnel who were dismissed. They may include social, family and financial impacts. That is why it is very important that we let the noble and learned Lord conduct his inquiry and then observe his recommendations.

On Part 12 of the Police, Crime, Sentencing and Courts Act 2022, the scheme is led by the Home Office and the MoD. We are committed to bringing those provisions into force as soon as possible. Officials are already working on the necessary technical criteria—and they are fairly complex—to ensure that the legislation ultimately works as smoothly as possible. We expect to launch the extended scheme in the first quarter of 2023.