Armed Forces Bill

Lord Craig of Radley Excerpts

Tuesday 4th October 2011 Lords Chamber

Moved by

[Lord Craig of Radley]

1: Clause 2, page 2, line 3, leave out from “section” to “Armed” in line 4 and insert “340 of AFA 2006 insert—
“PART 14AArmed Forces Covenant340A”

[Lord Craig of Radley]

My Lords, the noble Lord, Lord Wallace of Saltaire—

[Baroness Anelay of St Johns]

My Lords, I know that the House is interested in hearing from the noble and gallant Lord, Lord Craig of Radley, on an important amendment, and I invite noble Lords to leave the Chamber quietly so that he may begin to move his amendment.

[Lord Craig of Radley]

My Lords, I thank the government Chief Whip. The noble Lord, Lord Wallace of Saltaire, winding up the Second Reading debate on this Bill and the noble Lord, Lord Astor, in a letter to me during the Summer Recess both agreed that it was inappropriate to insert the new section that appears in Clause 2 of this Bill after Section 359 in the 2006 Act because Section 359 dealt with pardons for servicemen executed for disciplinary offences in World War I. I had suggested at Second Reading that the new section in Clause 2 would be better placed in Part 14, which has the collective title “Enlistment, Terms of service etc”, relying on the “etc” to accommodate the new section. Part 14 heads the second group of parts in the 2006 Act.

However, in Committee the noble Lord, Lord Astor of Hever, retracted his acceptance and averred that no relationship is implied by that positioning in the Act. I sensed, and in a letter to me the Minister has confirmed, that government business managers are anxious to avoid returning the Bill to another place. It—or at least Clause 1—has to be given Royal Assent by 8 November, otherwise all three Armed Forces will have to be declared redundant. That will not happen, I am certain.

Bringing the Report and Third Reading dates forward is tacit admission by government business managers that improvements to the Bill, and particularly the issues addressed in the next and other amendments, are called for, and so more time is now available to get the Bill right.

I would hope to avoid further time and argument in favour of my new amendment if the Minister would indicate agreement for tabling the changes that I propose for Third Reading. Need I do more than remind him and the House of the strength of support for incorporating the covenant into legislation expressed by Mr Cameron? For example, quoting from the No. 10 website, he said:

“Our service personnel make an extraordinary contribution to British life … So all of us—the Government, the private sector, and the voluntary organisations—need to go the extra mile for them”.

He also said:

“The high esteem we all have for our armed forces will soon be given the recognition it deserves—as part of the law of the land”.

That is but one of the many supporting statements made by the Prime Minister and the Secretary of State for Defence about incorporating the covenant into statute. Surely the covenant must be given greater prominence in the revised 2006 Act, as my amendment proposes. It seems both mean and hypocritical to speak so strongly of support for the covenant and then to park the single statutory reference to it at the tail end of the 2006 Act and a group of miscellaneous sections that wind up the end of Part 17 of the second group of parts also entitled “Miscellaneous”.

Is not the covenant worthy of more than that, worthy of its own part in the revised 2006 Act? I hope that on reflection, and given the need to improve the wording and thrust of Clause 2, the Minister will agree to table an amendment at Third Reading. If not, I fear that all the Minister’s briefs are headed, “Resist” as the Government seek to steamroller this Bill through without having to return it to the Commons. Surely on a Bill of this non-partisan nature, and with the opportunity to review and revise the Armed Forces Act only once every five years, the Government must take note and accept the need for some revision of the Bill as it now stands. To resist every amendment negates all the praise and support that they say they have for the Armed Forces. Are the Government so insensitive to the needs of the forces, whose morale is reputedly shaken thanks to recent cutbacks, enforced redundancies and insensitive handling of personnel issues? The Armed Forces have performed their role with great valour and commitment on long-duration operations. Surely business managers can be less po-faced and will find the very limited time necessary to revise some details of the Bill, and get it right for the next five years. I beg to move.

[Lord Touhig]

My Lords, much has been said on Second Reading and in Committee about the matters which should be included in the Secretary of State’s annual report on the covenant. We have also looked at the question of auditing the operation of the covenant. Amendment 2, in my name, seeks to address these matters.

A great deal has been said about the role of the covenant reference group and I want to build on the responsibilities of the group by ensuring that it is given ample notice of the matters that the Secretary of State wishes to include in his annual report. I believe that that can be best done by the Secretary of State publishing the list of matters to be included in plenty of time. The covenant reference group should then be given time to consider the list and add to it if it thinks it right to do so. The Secretary of State should then be obliged to report on the additional matters referred to him by the group.

I have no doubt about the good intentions of the Secretary of State in coming forward with a proposal for an annual report but for that report to be credible, there must be an opportunity for matters other than those that the Secretary of State thinks should be included to be put into the report. My proposal is modest and there is a precedent for it. As a former member of the Public Accounts Committee in the other place, I recall that each year the Comptroller and Auditor-General, on behalf of the National Audit Office, would draw up a list of investigations that he intended to carry out in the year. That would then be submitted to the Public Accounts Committee, which would have the opportunity to comment, amend or add to the list of inquiries that the Comptroller and Auditor-General would wish to investigate.

My amendment does not represent a major change to the Bill and I feel sure that if the Government reflect on it, they will see it is a step forward to greater participation and involvement of those most interested and concerned about the welfare of our serving men and women and our veterans.

We also hear a great deal these days about transparency in public life and my amendment underpins that. Involving the covenant reference group in the way that I am suggesting will act as a form of audit for the Government which would benefit us all and certainly answer a number of the concerns that several noble Lords have expressed during Second Reading and in Committee.

--- Later in debate ---

[Lord Stoddart of Swindon]

It is for the convenience of the annual conference, not for the convenience of this House.

[Lord Craig of Radley]

My Lords, I thank all those who spoke to my amendment. I note that the Minister has moved from the heading “Resist” to that of “Consider further”. I hope that the consideration will prove amicable to us both. I beg leave to withdraw the amendment.

Amendment 1 withdrawn.

--- Later in debate ---

Moved by

[Lord Craig of Radley]

6: Clause 2, page 2, line 22, at end insert—
“( ) An armed forces covenant report must include a statement from—
(a) the Secretary of State for Health,(b) the Secretary of State for Education,(c) the Secretary of State for Communities and Local Government,(d) the Secretary of State for Work and Pensions, and(e) the relevant comparable ministers in the devolved assemblies,in respect of progress in fulfilling obligations to serving military personnel and their families, and to veterans.”

[Lord Craig of Radley]

My Lords, it will not have escaped the notice of the Minister that this amendment has the support of all sides of the House. It is a practical and workable attempt to bring together the various strands and ideas put forward in the excellent debate on this aspect of Clause 2 in Committee. The nub of the argument is that there are two principal constituencies of service personnel and their families. There are those who have left the Armed Forces and others who are still serving who, with their families, may need different consideration. I shall leave it to other noble Lords who have added their names to the amendment to expand on those points in their contributions.

I understand that there is in the Ministry of Defence not inconsiderable support for the concept of a commissioner to assist the Defence Secretary. Indeed, would the Minister be prepared to go so far as to confirm that this idea is favoured by Dr Fox and others in the MoD, so it could be acceptable in principle? If so, the debate and the arguments can concentrate on the best ways in which to bring the necessary assistance to the Defence Secretary in fulfilling his remit. If Amendment 6 is not yet to the Government’s liking, would the Minister consider one that captures the essence of the assurances about how the Government intend to handle the requirements of Clause 2, because that might well be a way forward?

The Minister made the valid point that this Government cannot commit their successors by mere words in a debate in your Lordships’ House; one looks for an Act of Parliament to do that. So I hope that we can still find a way to put into the Bill an amendment along these lines. However, should the Minister find that unacceptable, would he consider a clause that would allow for the creation of a new appointment—in shorthand let me call it the “commissioner”, but another title might be more appropriate—by secondary legislation, as experience in preparing the statutory annual reports expected from the Defence Secretary is gained? The Minister may argue that there is no need for secondary legislation as such a post could be set up without statutory authority, but my point is that it would be much better, and an indication of the importance attached to the way that the covenant is to be handled, if this potential need were to be covered in statute.

It is generally agreed that the covenant is a moral construct that does not lend itself to prescriptive or detailed rules and requirements, but if it is to be given the benefit of statutory recognition, as the Bill will achieve, it is worth making the importance of all aspects of the reports and their preparation clear, and in particular to make possible provision for further steps as experience is gained. The opportunity to do so arises only once in five years, so it seems sensible to take the opportunity now. There is wide agreement that the annual report is going to be a serious and important piece of work. I hope, having listened to the arguments from noble Lords, that the Minister will be prepared to agree with this amendment, but if not, will agree that a provision for the revision of the current proposals by means of secondary legislation would be acceptable. I beg to move.

[Lord Lee of Trafford]

My Lords, I rise briefly to support the noble and gallant Lord and to speak to Amendment 6. I think that we in this House are all aware of the low morale that exists today, sadly, in our Armed Forces. According to the Armed Forces continuous attitude survey of all service personnel, only 18 per cent regard morale as high, whereas 44 per cent regard it as low. In the RAF, only 9 per cent regard it as high and 62 per cent regard it as low; in the Navy, 9 per cent regard it as high and 56 per cent regard it as low. I think that it is obvious to us all why morale is so low, given the cancellations, the cuts and the recent unfortunate redundancies. So anything that we can sensibly do to add certainty and clarity to the Armed Forces covenant must be beneficial to Armed Forces morale.

Amendment 6 builds on the earlier amendment that I and other noble Lords moved in Committee. I am happy to acknowledge the movement in the Government’s position as a result of the contributions from noble Lords during the passage of the Bill. However, I still ask my noble friend and the Government to go just one step further and include in the covenant report specific statements from the respective Secretaries of State, thereby giving them part ownership of and direct responsibility for the report.

--- Later in debate ---

[Lord Astor of Hever]

My Lords, noble Lords have made some very important points on both amendments this afternoon. I have listened very carefully. I repeat what I said earlier on the first group. Noble Lords wish to be absolutely clear as to which parts of government participated in the process of preparing the report and what position they have taken. My ministerial colleagues and I have already indicated that the Secretary of State will consult widely and will identify the source of the evidence and opinions that we include in the report. We have also noted that the annual report will be laid before Parliament on behalf of and with the approval of the whole Government. Nevertheless, I can go further by giving an undertaking that the Secretary of State will consult all UK government departments with a significant role in the delivery of services to serving personnel, veterans and their families and the three devolved Administrations. In the annual report he or she will confirm that he or she has consulted other government departments and the devolved Administrations, and will identify their contributions in the published report.

Having said all this, I will reflect again over the next day or two with my ministerial colleagues. I have asked my officials to do the same across government as a matter of urgency. I will be in touch with the noble and gallant Lord as soon as possible.

[Lord Craig of Radley]

My Lords, I thank all noble Lords who have spoken to this amendment, which is clearly one of the most important in this part of the Bill. The Minister read out yet again the assurances that he wished to have on the record. I recognise that they are. However, he failed to repeat that this Government cannot commit their successors. We all know that. I feel very strongly that the only way in which successor Governments may be committed is by an Act of Parliament. They often overturn them but that is the right way to go. Therefore, I urge the Minister to continue in the way in which he has been moving, towards finding an acceptable compromise on which we can all come together. This is a non-partisan point and a very important Bill. We have only one year in five in which we can do something about it. I beg leave to withdraw the amendment.

Amendment 6 withdrawn.

--- Later in debate ---

Moved by

[Lord Craig of Radley]

13: After Clause 23, insert the following new Clause—
“Commonwealth medals
After section 339 of AFA 2006 insert—“339A Commonwealth medals
Medals awarded by Commonwealth governments, including the Pingat Jasa Malaysia Medal, to present or former members of Her Majesty’s armed forces may be worn without restriction.””

[Lord Craig of Radley]

My Lords, I speak to Amendment 13 in my name and that of other noble Lords mentioned on the Marshalled List. In the course of the debates on the topic of medals it has become clear to me that there is considerable ambiguity and genuine confusion over who is responsible, who does what and why, and when foreign awards may be accepted by British subjects with or without restriction. Restriction seems to mean that a recipient may accept an award but is not allowed to wear it.

It has been normal for the Foreign Office to handle awards from foreign states but that now seems to be in doubt. I asked a Written Question about the Malaysian Pingat Jasa Malaysia medal but it was answered not by an FCO Minister but by the noble Lord, Lord Astor of Hever. The noble Lord has since written to me to say that he has set in hand a review of the process by which advice about the institution of medals and the acceptance of foreign awards in respect of military service is put together, considered and submitted to the Queen.

I also raised in Committee the issue of the prerogative when it came to submissions to the sovereign. I quoted two examples of Written Ministerial Statements, in 2005 and 2006, which made clear that the rules of no double medalling and a five-year moratorium were government policy. The Minister, in a Written Answer about the prerogative, dated 23 September, states that these references to the Government, “are not strictly correct”.

Noble Lords will be taken aback to learn that such authoritative Statements to Parliament as two Written Ministerial Statements are not correct, or are deemed to be incorrect, in order to uphold a unique position claimed for the honours committee in relation to advice to the sovereign. I remind the Minister that in a reply to my Written Question in September about wearing the PJM medal, the noble Lord said about Commonwealth Governments:

“Each Government apply their own rules and judgment to their own citizens”.—[Official Report, 5/9/2011; col. WA 17.]

Is there really such a difference for the UK Government? It would appear not. In his letter to me and other noble Lords dated 23 September, the Minister states that,

“there remains under the Prerogative scope to make exceptions”.

In other words, Her Majesty follows the advice of her Ministers.

The Minister also claims that when an exception is allowed, the results are likely to be seen as anomalous or unfair. Surely, that is not the right conclusion to draw. Rather, it is that with the passage of time the rules themselves and officials who seek to hide behind them are the problem, not the numerous exceptions that have been granted over many decades. I am sure the Minister is right to have instituted the review. It should look at the so-called rules, and I welcome his assurance that a Written Ministerial Statement on the outcome will be forthcoming.

Amendment 13 should not be delayed because of any review. As I mentioned in Committee, the long-standing issue of the Pingat Jasa Malaysia medal has yet to be resolved. I visited Malaysia last June at the personal invitation of Prime Minister Najib. It was clear from what he told me and what I saw that Malaysia is now well on the way to achieving its vision of being a fully developed nation by 2020. Putting a restriction on the generous recognition of the contribution of many service and other personnel to the start of that process of development seems quite unnecessary and lacking in appreciation of the donor’s gesture and standing in the world. Even more bizarre, a British recipient has Her Majesty’s agreement to accept but not to wear the PJM, while an Australian serviceman has Her Majesty’s approval to accept and to wear it. How confusing and frustrating must that be to an individual with dual nationality?

As I have already mentioned, in his response to my Written Question about the PJM, the Minister attempted to explain this anomaly away when he said:

“Each Government apply their own rules and judgment to their own citizens”.—[Official Report, 5/9/2011; col. WA 17.]

In other words, the Government are in the lead and Her Majesty is following that advice. How does that sit with the claim that the honours committee is independent of government? Once again, we have confusion and conflicting answers to the same Question. No contortionist could so ridiculously point in so many different ways at the same time. Other Commonwealth countries are also making giant strides in development, and this Government are anxious rebuild and reinforce the ties of Commonwealth. For these reasons, I believe that now is the time to make special provision for awards from Commonwealth countries. With the Commonwealth Heads of Government Meeting due at the end of this month in Perth, it would be a positive announcement for the Prime Minister to make at that meeting.

A further argument sometimes prayed in aid of the discredited restrictive rules is that the presence of a second award on the chest of an individual somehow reduces the value of the national award. I wonder whether that is really right. The individual can take pride in both and his contribution is clearer to those who see the medal ribbons on his uniform. I recently saw a photograph of the late Lord Mountbatten of Burma. He had 10 rows of medal ribbons on his Admiral of the Fleet uniform. I am sure he was proud to be able to display them all, but I shudder to think how the honours committee of the day managed to recommend so many exceptions to their precious rules so close to the date of their original adoption. I invite the Minister to accept this amendment. I beg to move.

[Lord Ramsbotham]

My Lords, as in Grand Committee, I support every word of my noble and gallant friend Lord Craig. Unlike in Grand Committee, I have not brought my PJM medal with me; nor have I brought my General Service Medal with its clasp, showing that I was involved in confrontation in Borneo, but they are two medals for the same thing.

Another aspect of the unfortunate way in which this issue has been handled relates to the veterans who raised the issue of the PJM with the Government. They were, frankly, treated in a way that I would not have expected of the Ministry of Defence. The HDC—the Honours and Decorations Committee—may have met, but if it did so, it did so internally and did not share any of its findings. The letter that was then sent to the veterans was unworthy of the ministry. I am grateful to the Minister for announcing that he is going to revisit this, and I hope that this time there will be proper transparency so that the veterans are aware of the arguments and that they are not just produced in secret and, as my noble and gallant friend has said, erroneously.

--- Later in debate ---

I hope that in the light of the comments I have made, the noble and gallant Lord, Lord Craig, willwithdraw his amendment.

[Lord Craig of Radley]

My Lords, the Minister has obviously given a lot of thought to this subject. Nevertheless, I am extremely disappointed, not only that he does not accept the amendment but that his opening remarks took no account at all of the numerous anomalies and differences between what he was saying was the position and what the reality has been. I leave him with that thought, but meanwhile I wish to withdraw the amendment.

Amendment 13 withdrawn.