Armed Forces Bill Debate

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Department: Ministry of Defence
Tuesday 6th September 2011

(13 years, 3 months ago)

Grand Committee
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Lord Ramsbotham Portrait Lord Ramsbotham
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My Lords, I shall speak to Amendment 13, but if I had seen them before, I would have spoken also to Amendments 14 and 15 because they say very much the same thing. They are an amplification of some of the points that have already been discussed in relation to this clause. I tabled this amendment because I had supposed that after the Grand Committee, the Minister would want to reflect before the Report stage on many of the things that had been put forward. Indeed, those of us who have tabled amendments have done so in order to make certain that what comes before the House on Report is a consideration of all that has been said related to the aim of the covenant and what it is trying to do.

My reason for tabling Amendment 13 is that I am uneasy about two subsections in their implications for veterans. I refer particularly to subsections (2)(b) and (c) which talk about the report looking at,

“the fields of healthcare, education and housing; and … in other such fields as the Secretary of State may determine”.

Presumably that is a reference to the Secretary of State for Defence. My other concern is about subsection (6)(a) which states that,

“the Secretary of State must consider whether the making of special provision … would be justified”.

I do not think that it is up to the Secretary of State for Defence to decide what it is appropriate for Parliament to be told about veteran affairs. As has already been said, veteran affairs are the responsibility of many other ministries which presumably will decide how they implement the responsibilities that are laid on them by the Government and the nation. It is not up to the Secretary of State for Defence to implement that. He is responsible for the application of the covenant to those people who are serving.

That is where I disagree slightly with the Minister because I think that there are two parts to this covenant. One is to do with the serving, which can be dealt with by the Ministry of Defence, and the other is to do with the veterans, which is dealt with by others. That is why I suggested that the Minister for veteran affairs should be somewhere else where he can co-ordinate that activity. Therefore, based on the suggestion that the covenant should be in two parts, it is important that, while I agree that you cannot list everything that should be there, there should be a very clear indication given by the Government to the ministries that have a responsibility for veteran affairs as to what those responsibilities cover. The Cabinet Office is well able to do this. For example, there is mention in the covenant book published by the Ministry of Defence that there is going to be a mental health well-being website, which it is the responsibility of the Department of Health to establish. Presumably, that department will report on that.

On prosthetics provision, I await with interest the report by Dr Murrison because, as I have mentioned in the House before, I had once to accept a cheque on behalf of a voluntary organisation, accompanied by a young Royal Marine who had lost two legs and one arm in Afghanistan. He had just returned from America where he had had his prosthetic legs serviced because the NHS was unable to provide technicians to service them. That is utterly unacceptable. The NHS must make provision for having artificial limbs serviced wherever the person happens to be. That is for the NHS to do and to report on, and not for the Secretary of State for Defence.

Changes to service pensions are for the Department for Work and Pensions. As regards social housing, I think that it is interesting that a number of counties have already come forward with their own version of the covenant as it applies in their county. I mention Hampshire in particular because I happen to have seen that version, which is very interesting. I suggest that this is a matter for the Department for Communities and Local Government to take an interest in to make certain that what is provided is consistent throughout the United Kingdom, and that it is not a postcode lottery as to where you happen to live as a veteran because one county is doing something and another is doing something else.

I am very glad that the noble Lord, Lord Young, mentioned those who get into the hands of the criminal justice system. I should also like to see an obligation for a report, for example, from the Ministry of Justice about how the problems faced by people ex-service getting into the hands of the criminal justice system are being catered for and how they are being helped to rehabilitate into civilian life after custody. The Ministry of Justice has not being doing that very well. Recently, the Howard League produced a report which covers some aspects but not as many of the practicalities as I would like. We want to see the practicalities in the covenant and the Ministry of Justice held to account for making certain that those things happen.

I put my name to Amendment 2 in the name of the right reverend Prelate the Bishop of Wakefield because its value is that it lists a whole lot of subjects that need to be covered. It is not specific in detail but it covers the aspects. It is very important to have somebody independent responsible to the Veterans Minister for co-ordinating the activities of the public, private and voluntary sectors in support of veterans. I am very glad to see that acknowledgement has been given to the role of the Confederation of British Service and Ex-Service Organisations, COBSEO, which is now seen as a representative of service charities, pulling them all together. The more one looks at this, it is a very fragmented area. The covenant provides a priceless opportunity to pull everything together in a more comprehensive and national way. Therefore, it is very important that those who have responsibilities in this area should be told the general areas for which they are responsible, and that should not be up to the Secretary of State for Defence to determine but for the Government, on behalf of the nation.

Lord Empey Portrait Lord Empey
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My Lords, I wish to speak to Amendments 14 and 15 in my name and that of the noble and gallant Lord, Lord Craig of Radley. First, we welcome the fact that we have a military covenant in this Bill. I would also like to thank the Minister for being so accessible to colleagues by way of explanation of what is happening and the availability of his officials for consultation.

As I see it, the big issue, basically, is this. I would like a situation where all servicepeople, irrespective of postcode, can expect that they and their families will, as far as is practicable, be able to command and receive the services that we believe are necessary in the event of them getting into difficulties on the battlefield or, in the event of a fatality, back-up for their families, which is broadly the same throughout the United Kingdom. In other words, a serviceperson from a particular part of the United Kingdom should not go on to the battlefield with the thought hanging over his or her head that if anything went wrong they or their families would receive less help and service in some parts of the United Kingdom.

I think that it was the noble Baroness, Lady Taylor, who is not in her place, who said at Second Reading that we had some loose ends to tidy up, and I believe we have loose ends here. As has been stated by other noble Lords, including the noble Lord, Lord Ramsbotham, the issue is simply that the Secretary of State is not in charge of the delivery mechanisms that are required to ensure that the covenant means something to the people for whom it is designed. Not only does he not control other Whitehall departments, but it is perfectly obvious that in the age of devolution he does not control what the devolved Administrations do. As we know, they receive block grants and, as it so happens, are in charge of the three issues that have been highlighted in the Bill—health, education and housing. Therefore, we are trying to ensure that when the Secretary of State makes his or her report to Parliament, Parliament knows who is feeding input into that report so that it can judge whether or not it is comprehensive. I do not wish to unpick or interfere with devolution settlements. That is not what this amendment is about. This amendment is allowing Parliament to be informed as to who precisely is contributing to the report.

Turning to the Explanatory Notes, the end of paragraph 19 says:

“Under new section 359A(6) the Secretary of State must also consider whether effects covered by the report would justify making special provision for servicepeople, or a category of them. If the Secretary of State does consider that to be the case, the report must say so.”

If the Secretary of State subsequently decided that something under that heading would have to be done, they could not deliver—at least not in all parts of the United Kingdom. That is perfectly obvious, because the Secretary of State is no longer in control. Therefore, we have the pieces on the board that are necessary to deliver a covenant, but we have not put them together in the most effective way.

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Tabled by
14: Clause 2, page 2, line 39, at end insert—
“( ) Where an armed forces covenant report states that special provision for service people or particular descriptions of service people is justified, it must also state how the Secretary of State will seek to ensure that the special provision made is broadly the same in England, Northern Ireland, Scotland and Wales.”
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Lord Empey Portrait Lord Empey
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My Lords, I thank the Minister for his response. I agree with the noble Lord, Lord Ramsbotham, that the Minister and his colleagues will wish to reflect on the debate, and we will wish to reflect on what he has said. As the noble Lord, Lord Tunnicliffe, said, the phraseology that we have used in these amendments may not be ideal. Nevertheless, I think there is a consensus in the Committee that there needs to be some way—I do not wish this to clash with the devolution settlement in any way—of allowing Parliament to ensure that the various component parts of the UK are co-operating in this regard. If that is not done, they may diverge over time. That is something none of us would wish to see. As I say, we will wish to reflect on the Minister’s response.

Amendment 14 not moved.