Armed Forces Bill

Lord Craig of Radley Excerpts

Committee stage
Tuesday 2nd November 2021 Grand Committee

[Lord Tunnicliffe (Lab)]

My Lords, in moving Amendment 49, I will speak to Amendment 63. I thank the noble and gallant Lord, Lord Craig, the noble Lord, Lord Dannatt, and the noble Baroness, Lady Smith of Newnham, for signing these amendments.

It is extremely disappointing that, as currently drafted, the Bill does nothing to address the shameful scandal of visa fees for veterans. As Stephen Morgan said:

“Commonwealth service personnel have contributed an enormous amount to our national defence and we owe them a debt of gratitude. Extortionate visa fees have left non-UK veterans facing financial ruin and feeling abandoned by the country they served with courage and distinction.”


Under current rules, Commonwealth personnel face a fee of £2,389 per person to continue to live in the UK after having served at least four years. It means that someone with a partner and two children could face a bill of £10,000 to stay in Britain. I remember that, at Second Reading, the noble Lord, Lord Bilimoria, called this a “shameful scandal”, while the noble Lord, Lord Dannatt, said that it was a “bizarre situation”.

The Government finally announced a long-awaited public consultation on 26 May on proposals that would waive visa fees for those who had served 12 years or more. However, as the Sun reported:

“Ministry of Defence figures show only 20 of the 200 non-UK personnel who left the Regulars last year would qualify … when the majority serve between four and 11 years … The average length of service for all UK armed forces leavers has been about 10 years since 2015.”


The proposed changes also do not apply to family members of those who have served or those who have been medically discharged, meaning that they will help only a minority of those affected. Amendments 49 and 63 would mean that Commonwealth, Gurkha and Hong Kong Military Service Corps veterans who have served four years would pay just the cost price of £243 for an application for indefinite leave to remain. I know that the Royal British Legion and organisations such as Citizenship 4 Soldiers have long campaigned on this.

The government consultation closed on 7 July. The Minister said at Second Reading that the Government were

“currently analysing the feedback from that consultation and we shall respond in due course.”—[Official Report, 7/9/21; col. 775.]

Is that response ready today? If not, when will it be ready? Can the Minister explain why this Government can justify making Commonwealth and Gurkha veterans, who have served our country with the same courage and distinction, wait two years longer before they are allowed to live in the country they have fought for? This is about not only fairness but our moral obligation to those who have served our country in the Armed Forces. I want to see movement from the Minister on this issue; otherwise, we will certainly return to it on Report. I beg to move.

[Lord Craig of Radley (CB)]

My Lords, I support Amendments 49 and 63, but I shall speak to Amendment 63 and concentrate on the plight of the few UK Armed Forces veterans of the Hong Kong Military Service Corps. For completeness, I also include veterans of the Royal Navy Hong Kong Squadron. They were all full members of Her Majesty’s Armed Forces throughout their service. They took the same lifetime oath of loyalty as all other British service members, and paid full UK taxes. Officially recognised as veterans by Her Majesty’s Government, they are not being treated fairly and reasonably, as the covenant requires. I have already explained the background to this issue to the Minister and raised it many times in this House, so I will not repeat myself now in this Committee.

The recent swift action by the Government to evacuate and grant right of abode to thousands of Afghanis shows that the Home Office can respond fast. Is there any reason why the Government have prevaricated for the past nine years and refused to come to a decision about granting the request of the Hong Kong veterans for British citizenship and right of abode? These veterans’ covenant rights should apply in Hong Kong as they do anywhere else.

The imposed national security law in Hong Kong has put the “one country, two systems” paradigm in a precarious state. These veterans find themselves living under Beijing rule. They, along with many other Hong Kongers, are worried, but they are small in number and believe their case is now a matter of humanity, not politics. They feel they are being treated as aliens, not veterans of Her Majesty’s Armed Forces.

They, as much as other past members of the Armed Forces, deserve a positive decision, not the endless excuse that their case is being “actively considered”. That euphemism has been the response of Home Office Ministers and a frequently repeated response to approaches from Members of both Houses on behalf of these veterans for the past nine years and more. Over 60 individual applications from this small group of veterans, which I forwarded to the Home Office on their behalf in March 2020, over 18 months ago, have gone unanswered. It all smacks of a Sir Humphrey-style reaction, unworthy of the Home Office, unless it aspires to remain a department unfit for business in this area. It is long past time for this request to be resolved finally and clearly.

Is this not an equally pertinent example, as was the case of Gulf War syndrome, highlighted by the noble and learned Lord, Lord Mackay of Clashfern, in the earlier Committee debate, of the need to include the Secretary of State for Defence in the list of those who must have a duty of care under the covenant? These Hong Kong Armed Forces veterans’ concerns and requests are not ones that could be devolved or passed to a local authority. Including the Secretary of State in this Bill is necessary to fill this gap in the duty of care under the covenant. Will the Government acknowledge that this Hong Kong veterans’ claim is a long-standing and legitimate one that should be honoured by reaching a decision now?

[Lord Lancaster of Kimbolton (Con)]

My Lords, I wish to contribute on Amendment 49. In doing so, I declare my interest as Colonel Commandant of the Brigade of Gurkhas. I have had a long association with the brigade since, as an 18 year-old troop commander in the Queen’s Gurkha Engineers, I first visited Nepal in 1988. I have served with them ever since, in Bosnia, Kosovo and elsewhere, so I am delighted to now be the Colonel Commandant.

This is an interesting day. Yesterday marked the 207th anniversary of the death of Major-General Rollo Gillespie at the Battle of Kalunga, where a tiny Gurkha or Nepali force of some 600 held off for nearly a month a much better-equipped and larger British Army force. That honourable draw effectively started the relationship between the British Army and Nepal, when the Prime Minister at the time, Bhim Thapa, allowed the East India Company, as it was then, to start recruiting Gurkhas.