Armed Forces Bill

Lord Judd Excerpts

Thursday 3rd March 2016 Grand Committee

Moved by

[Lord Judd]

13: After Clause 14, insert the following new Clause—
“Enlistment of minors
(1) The Armed Forces Act 2006 is amended as follows.(2) After section 343B (interpretation of Part) insert— “Part 16BREPORT ON THE ENLISTMENT OF MINORS343C Report on the enlistment of minors(1) The Secretary of State must in each calendar year—(a) prepare a report on military service by minors; and(b) lay a copy of the report before each House of Parliament.(2) The report must evaluate the effects on the individual, and on the armed forces, of the enlistment of persons under the age of 18.(3) In preparing the report the Secretary of State must have regard in particular to—(a) the principle that the best interests of minors must be paramount in all policy relating to them;(b) whether service people under the age of 18 are at a disadvantage in the immediate and long term future when compared to civilians of the same age, including disadvantage in education and training; and(c) any implications for the armed forces, including financial implications.””

[Lord Judd (Lab)]

My Lords, in moving this amendment, I should first say that the noble Baroness, Lady Jones, contacted me this morning to say how sorry she was that other commitments made it impossible to be here, and how strongly she supports the amendment.

I particularly thank the Minister for his very courteous response on several occasions to my concerns in this area, and I thank his many officials for the helpful letters they have sent us. I would like the Minister’s reassurance that this correspondence will be made readily available to a wider audience than just me, and I hope that it has been, or can be put in the Library.

I also want to put on record my very real appreciation to a number of concerned organisations, including, of course, Child Soldiers International, which has impressed me by the responsible and well-researched approach it brings to giving substance to its generalised concerns.

When I tabled a very similar amendment in 2011, the noble Lord, Lord De Mauley, on behalf of the Government, replied that it was unnecessary because the annual Armed Forces covenant report would take special account of the needs of those under 18 years of age. I may have misread it, but in the 114 pages of the 2015 covenant report, any mention of minors is conspicuous by its absence. Will the Minister now give a firm undertaking that in future editions of the covenant report, the three key points raised in my amendment will be fully covered? His response on this will obviously bear on how I decide to take the amendment forward.

Fewer than 20 countries still allow in law the direct recruitment of 16 year-olds by their Armed Forces. We in the United Kingdom are among them. We are the only major military power, the only country in Europe, and the only member of NATO to do this. Two-thirds of states worldwide now recruit only adults from the age of 18 into their Armed Forces, and this is becoming the global norm.

Among those to have challenged our existing system are that UN Committee on the Rights of the Child, the Commons Defence Committee, the Joint Committee on Human Rights, the Office of the Children’s Commissioner for the four jurisdictions of the UK and the Equality and Human Rights Commission. Major British children’s organisations and human rights groups have called on the Armed Forces to recruit adults only, as indeed have a significant number of MPs across the political spectrum, many faith groups and indeed, veterans. The public seem to agree with this. Answering an open question in a 2014 Ipsos MORI poll about what recruitment age should be, 77% of those who expressed a view said that it should be 18 or above; only 14% thought it should be 16.

--- Later in debate ---

[Earl Howe]

My Lords, I very much welcome the interest of the noble Lord, Lord Judd, in this issue, and his reminding us that the welfare of those who join the Armed Forces under the age of 18 is especially important. I begin by assuring noble Lords that we take our duty of care for entrants aged under 18 extremely seriously. Close attention has been given to this subject in recent years, especially after the tragic deaths at Deepcut. We have robust, effective and independently verified safeguards in place to ensure that under-18s are cared for properly.

I should perhaps make it clear at the outset that all service personnel have, since 2011, a statutory right to claim discharge up to their 18th birthday. The right of discharge is made clear to all service personnel on joining the Armed Forces. I will say something more about that shortly. Before I do, I need to say to the noble Lord, Lord Judd, that I do not share the negative slant that he sought to cast on the enlistment of minors. We are very clear in our belief that junior entry offers a range of benefits to the individual, to the Armed Forces and to society, providing a highly valuable, vocational training opportunity for those wishing to follow a career in the Armed Forces.

The noble Lord mentioned educational attainment. The provision of education and training for 16 year-old school leavers provides a route into the Armed Forces that complies with government education policy, while also providing a significant foundation for emotional, physical and educational development throughout an individual’s career.

There is no compulsory recruitment into the Armed Forces. Our recruiting policy is absolutely clear: no one under the age of 18 can join the Armed Forces without formal parental consent, which is checked twice during the application process. In addition, parents and guardians are positively encouraged to be engaged with the recruiting staff during the process. We also recognise that not all those recruited find that they are suited to life in the Armed Forces. In 2011, the Armed Forces terms of service regulations were amended to provide all service personnel under the age of 18 with the right to claim discharge up to their 18th birthday.

I wish to allay any concern that discharge as of right is ineffective. The noble Lord, Lord Tunnicliffe, asked about the ways in which discharge is facilitated. The Army recruits the majority of under-18s. I assure the Committee that every junior soldier arriving at the Army Foundation College in Harrogate is briefed by the permanent staff on their rights to discharge. Junior soldiers sign and retain the personal terms of service record of briefing and understanding, and the college retains a copy. The brief and document clearly set out the right to discharge and the process to be followed. During the reception day, the junior soldiers’ company commander briefs all parents and guardians in attendance on the processes involved in discharging junior soldiers, who have ample opportunity to seek advice on discharge outside their training team from the extensive welfare staff network and from fellow junior soldiers—particularly those in the senior intake.

Regardless of whether they are still in training, the regulations provide that for the first six months of service a person may claim discharge by giving not less than 14 days’ notice in writing to their commanding officer after an initial period of 28 days’ service. At any other time after six months’ service, those under the age of 18 who wish to leave must give notice in writing to their commanding officer who must then discharge the under-18 within the next three months. For those who give notice just prior to their 18th birthday, this means that the latest they will be discharged is at 18 years and three months of age. Those three months represent a cooling-off period, to avoid the unintended consequence of a decision made in the heat of the moment—say after just having failed a test or while feeling homesick.

A shorter period may well be agreed with the commanding officer, but three months provides the under-18 with a period of due reflection and the right to rescind their request for discharge. This process ensures that individuals under the age of 18 have an appropriate period of time to consider their decision to leave, and offers flexibility depending on individual circumstances. Voluntary discharge accounts for approximately 65% of those who do not complete the course at the Army Foundation College. I can also say that the college has routinely discharged those who are unhappy but may no longer claim discharge as of right, because clearly it is not in the Army’s interest to retain those who feel that way.

I also wish to say something about those who leave early. Indeed, I quote from one of Ofsted’s reports, which says:

“Early leavers receive very good additional support in developing job search skills, writing CVs and researching further education opportunities … families are kept well informed at all stages of the process, and appropriate help is sought to look after children”.

On those who choose to stay, all recruits aged under 18 receive key skills education in literacy and numeracy, should they need it, and all are enrolled onto apprenticeships. The Armed Forces remain the UK’s largest apprenticeship provider, equipping young people with valuable and transferable skills for life, based on structured training and achievement. Over 95% of all recruits, no matter what their age or prior qualifications, enrol in an apprenticeship each year.

The Armed Forces offer courses in a wide range of skills, such as engineering, information and communications technologies, construction, driving and animal care. Ofsted regularly inspects our care of newly-joined young recruits, and we are very proud of the standards we achieve. We welcome this specialist confirmation that we treat our young recruits well.

The noble Lord, Lord Tunnicliffe, mentioned the United Nations Convention on the Rights of the Child. The protection and welfare of our young people, as is required by Article 3, are important. The Armed Forces are careful to ensure that appropriate mechanisms are in place to comply with the law and to afford special consideration of the needs of under-18s. This extends to the service justice system, where appropriate.

What does that amount to in practice? Commanding officers are provided with guidance on the care of service personnel under the age of 18. Guidance covers supervisory arrangements, risk assessments, welfare and mentoring, and contact with parents and guardians. It also covers such things as prohibiting the sale of alcohol and tobacco, the requirement to provide an appropriate adult for those who are arrested and, of course, the right to discharge. I should also remind the Committee that service personnel under the age of 18 are not deployed on any operation outside of UK, except where the operation does not involve personnel becoming engaged in, or exposed to, hostilities.

During the Select Committee on the Armed Forces Bill, the Chief of the General Staff, General Sir Nick Carter, described the recruitment of young people as “incredibly positive”. I take pride in the fact that our Armed Forces provide challenging and constructive education, training and employment opportunities for young people while in service. I suggest that this is the right end of the telescope through which to look.

The Armed Forces Covenant Annual Report is about the effects of service on service people. Those under the age of 18 are well within the definition of service people, but this amendment would require the Secretary of State to give particular consideration, every year, to the effects of service on those under 18 years of age. It would also require him to have particular regard to those effects right through until the individuals become veterans. It obliges us to treat those who joined under the age of 18 as a separate category throughout their service and perhaps throughout their lives. I am not persuaded that this would be right or appropriate. It is perhaps relevant to mention that in July 2015, the High Court dismissed a judicial review brought by Child Soldiers International—CSI—alleging that the enlistment of Army recruits aged 16 to 18 was in conflict with the equal treatment directive.

I do not believe that this is an appropriate distinction to build into legislation, but I nevertheless hope that my remarks have been reassuring to the noble Lord, Lord Judd, in so far as he can be reassured on this topic. I am happy to circulate the letter that I sent him if it has not already been circulated. I am glad it was helpful to him. On that basis, I hope the noble Lord will agree to withdraw his amendment.

[Lord Judd]

My Lords, I am very grateful to the Minister for his characteristically full and sensitive reply. I shall just say that there are at least two letters, not just one, that should be available.

Let us be very clear about this: I made it plain in my introductory remarks that I am open-minded on this issue. I can see advantages and I can see social advantages. It is very easy for people in caring, comfortable, middle-class life to be worried about others and to raise issues that concern them, but when you look at the harsh realities of life for some of those who are recruited, it perhaps brings a different perspective to the situation because what are the alternatives? They are gangs, drugs and goodness knows what. We must be realistic about this.

My concern is that we have the highest standards and that these are all the time transparent. I cannot for the life of me see why it would not therefore be very sensible to have an arrangement in the Bill which enables this scrutiny to take place. We in Parliament have special responsibilities as custodians of these children. It therefore seems very important indeed that this issue should be openly discussed and evaluated.