Armed Forces (Flexible Working) Bill [HL]

Lord Condon Excerpts

Report stage (Hansard): House of Lords
Wednesday 11th October 2017 Lords Chamber

[Earl Attlee]

My Lords, I have listened carefully to the case presented by the noble and gallant Lord, Lord Craig of Radley, for changing the words of the provision. I agreed with everything that the noble and gallant Lord, Lord Boyce, said, apart from his remarks about the merits of the amendment. I particularly agreed with his comments about morale and funding the Armed Forces.

My first thought is that, if we were in a situation where the Armed Forces were fully funded and recruited, we would probably not be going down this route. However, our current situation gives us the opportunity to give defence HR a good wire-brushing. I strongly agree with the noble and gallant Lord, Lord Walker, that service life is not employment or a job; for me, it is, or was, Her Majesty’s service, which is very different.

If I were the Minister faced with this problem—or, rather, opportunity—my first thought would be to encourage service people who would like some flexibility or stability to go on to the reserve and then make an additional duties commitment. There would have to be some pension considerations and some certainty that the service personnel could get back into regular service, but I do not think that would require primary legislation. During the briefing sessions that the Minister organised, we asked about that, but apparently the Bill route is the optimal solution. Given the well-known difficulties with primary legislation, which we are experiencing now, we can be reasonably confident that this is the best course of action.

The noble and gallant Lord made a very good point about the possible public and service perceptions of part-time Regular Forces. Unfortunately, nothing we can do will stop the media running a story from a negative position. The noble and gallant Lord will also know that it is very hard to get the media to run any good defence news story. If they want to run this particular development negatively, nothing in the drafting of the Bill will prevent that.

I was in a similar position to the Minister when the Opposition Front Bench favoured slightly different drafting for a particular clause in a Bill that I was handling. However, I was in the fortunate position that my officials were able to advise me that I could accept the revised drafting if I wanted to, and of course I did. My noble friend is a much more experienced and, most importantly, much more senior Minister than I was. However, my suspicion is that he is simply unable to change the drafting for legal reasons.

When the noble and gallant Lord comes to decide what to do with his amendment, I think he will be wise to exercise caution. First, I do not expect that he will be carrying that magic slip of paper from the clerk to the Lord Speaker. Secondly, if we make too much of a meal of this Bill, we run the twin risks of, to some extent, deterring the MoD from running a similar small, discrete and desirable Bill and of making the government business managers equally cautious of such a Bill in the future, even if it were one that found favour with noble and gallant Lords.

[Lord Condon (CB)]

My Lords, I rise to support the amendment put forward by the noble and gallant Lords, not only for the reasons that they have articulated but very briefly to mention my experience in my former service, the police. I was able to initiate and help champion flexible working in the police service. We used terms such as career breaks, career development breaks and role sharing. We very carefully avoided any notion of part-time, simply because in my old service in the military and maybe in some other uniformed public services, job description generics carry weight beyond just normal civilian meaning. While it may be feared that the noble and gallant Lords and I are being oversensitive, notions of part-time can be seen to dilute notions of operational prowess, commitment, sense of duty and so on. If there is even the risk that, informally, notions of part-time will dilute how colleagues in the military view people taking advantage of flexible working, the term “part-time” should be avoided. If there is some room here for change, I hope the Minister will listen very carefully to the arguments put forward by the noble and gallant Lords. If there is a necessity to test the opinion of the House, I think this is so important that I will support the noble and gallant Lords.

[Lord Dannatt (CB)]

My Lords, I also rise to support the speeches made by the noble and gallant Lords, Lord Craig of Radley, Lord Boyce and Lord Walker. I will not repeat their arguments. It is quite clear from conversations that one has had that the general thrust of the Bill is well supported. The point at issue here is the use of the term “part-time”, and I underline my opposition to its use. I add one further argument for the noble Earl to reflect on. One of the Army’s six core values is selfless commitment. That selfless commitment is not divisible; it cannot be on a part-time basis.