Armed Forces Bill

Debate between Lord Lancaster of Kimbolton and Chris Bryant

Monday 10th January 2011 Commons Chamber

[Mark Lancaster (Milton Keynes North) (Con)]

It is an honour and a privilege to contribute to the debate. I begin by declaring my interest as a member of Her Majesty’s armed forces and as a serving commissioned officer in the Territorial Army.

It is fascinating to consider the history of why we are discussing this matter today as it dates back to the 1688 Bill of Rights, under which it is effectively against the law to have a standing army without the consent of Parliament. Given that history, it is a particular honour to speak on the matter today. However, it is also an honour to do so as a member of the armed forces affected by this Bill. However, because it sits uncomfortably with some that members of the regular armed forces are not allowed to sit as Members of Parliament while members of the reserved forces are, it is not an honour I intend to abuse today.

My experience has shown that members of the armed forces are very interested in politics, but they are not interested in party politics. When I wear a uniform, I always pride myself on being strictly apolitical and I intend to continue that today. Perhaps the test of my speech will be that, when read, it will seem as though it could have been spoken by a Government or Opposition Member.

I welcome the Bill because, as the Secretary of State said, it is in many ways a tribute to the previous Government for the manner in which they put the Armed Forces Act 2006 through Parliament. The fact that the Bill is mainly a tidying-up measure is testament to that, although clause 2 on the military covenant—I will come to that later—is very important. I therefore give credit to the previous Government.

There are, however, a few anomalies even though the 2006 Act attempted to tidy them up. In particular, there is the matter of military law being applied across the three services. I said that I am a Member of Parliament who is also a serving member of the armed forces and, to my knowledge, three other hon. Members also serve in the reserve forces. It may be of interest to the House that, as I stand here today, I am subject to military law as a commissioned officer in the Territorial Army. However, one of our colleagues, who merely through rank is not a commissioned officer, is not subject to military law as a serving Member of Parliament. That is an anomaly. All four of us have been mobilised and have been on operational service, and we all become subject to military law when that happens. It might seem a minor point but whether someone is subject to military law when they go to and from training in the Territorial Army is relevant.

I shall give another simple example of an anomaly before I get into the detail of the Bill. Over recent weeks, there have been calls in the House that, as part of the military covenant, we should have some form of medal to allow members of the armed forces to show that they are in the armed forces. The Veterans Minister, the Under-Secretary of State for Defence, the right hon. Member for South Leicestershire (Mr Robathan) has said that that should be subject to review. I do not think it should be subject to review; I simply do not think it should happen. If hon. Members want to argue that point, I am happy to debate the matter. My case is fairly typical in that have completed three operational tours and have been awarded three medals over 23 years. In addition, I have a Queen’s golden jubilee medal, which was effectively given to me for being a member of the armed forces, and a long-service and good conduct medal—or the Territorial decoration as it was called then.

My point is that such medals are awarded simply for serving in the armed forces and I am not convinced that giving people more medals simply for being a part of the armed forces is necessarily a good thing. However, it is an anomaly that, in the Territorial Army, both officers and soldiers can get what is now the volunteer reserves service medal while, in the regular Army, only soldiers are allowed to get a long-service and good conduct medal. It seems that officers do not receive that medal simply because their good conduct is taken for granted. That is another anomaly in which the House might be interested.

[Chris Bryant]

I pay tribute to the non-partisan way in which the hon. Gentleman is advancing his arguments. I have no medals—the closest I ever got was a Blue Peter badge. He is referring to the anomalies. An anomalous situation for many armed forces families is because those who are killed in action all come into the UK through one of two different airfields, there have often been very long waits for a proper post-mortem. That was one of the problems we tried to rectify through the creation of the post of chief coroner. Previously, families had to wait a very long time before they could have closure in relation to the death of their loved one. Does he agree that the Government are wrong to be abolishing that post and that it would be better for armed forces families if we were to keep it?

[Mark Lancaster]

I would have to consider that matter in detail. I suggest to the hon. Gentleman that perhaps he should volunteer to sit on the Committee—I certainly will do so—and we can then explore the issue in greater detail. That is probably a sensible way forward, and it will be interesting to see whether he volunteers to do that.

Clause 2 deals with the military covenant and that matter has already been mentioned in the debate. The Royal British Legion—I am proud to be vice-president of the Olney branch—has raised concerns, and the Secretary of State has promised to consider them and, indeed, deal with them. It is perfectly reasonable to expect the role of the external reference group to continue in some form or another. That is something else I expect we can explore in Committee.

We have talked mainly about the three principal areas of health care, education and housing. In the previous Parliament, I was proud to serve on the Select Committee on Defence under the chairmanship of my right hon. Friend the Member for North East Hampshire (Mr Arbuthnot), when we looked at the issue of the education of service families. I am delighted that the Government have introduced some of our recommendations and we should continue to consider that matter. I am pleased that an annual report will be presented to Parliament. [Interruption.] When I referred to the Government, the former Veterans Minister, the hon. Member for North Durham (Mr Jones), said from a sedentary position that it was the previous Government. I am actually being apolitical and mean the government of the land.

There has been some concern that perhaps the Government’s commitment to the military covenant does not go far enough and that the relationship between the armed forces and the Government should be enshrined in black and white. My personal feeling is that it is not important what is in black and white for the lawyers to argue over; what is important is how the covenant has been interpreted by successive Governments. I shall give one example. After the introduction of joint personnel administration—the new payment computer system in the Army—there has been a problem with some junior ranks in the British Army being effectively overpaid for a number of months. That has amounted to a sizeable sum for some individuals. I do not think any fair-minded person would suggest that that money should not be paid back; it is an overpayment and we would all expect to pay it back. However, the true test of the covenant is how the money is paid back. It should not have to be paid back in a single lump sum in one pay cheque; those concerned should be allowed to pay the money back over time. That is just one example of how the application of the covenant, and not what appears in black and white, is important.

To be honest, soldiers are quite cynical about government. They feel that any covenant would always be interpreted in the Government’s favour. I hope that the Opposition will take that point in the spirit it is intended because it is simply an objective statement of fact.