Armed Forces Bill

Lord Robathan Excerpts

Wednesday 19th October 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mr Andrew Robathan)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Speaker]

With this it will be convenient to consider Lords amendments 2 to 5.

[Mr Robathan]

This group of amendments deals with the armed forces covenant report. Amendment 1 reflects the concerns in the other place about what some considered to be an unfortunate juxtaposition that would result from inserting the armed forces covenant report clause in the Armed Forces Act 2006 directly after section 359, which deals with pardons for soldiers executed during the first world war. This Lords amendment, which the Government accept, will have the effect of moving the clause to a different position in new part 16A to the Armed Forces Act 2006, and the new part will be entitled “Armed Forces Covenant Report”. So, for the future, the covenant report will have its own part within the legislation. I commend this change to the House.

Lords amendment 2 deals with inquests. It responds to the views expressed in this House and in the other place about the desirability of including the operation of inquests in the list of topics to be covered in the armed forces covenant report. It addresses an issue that is close to the heart of many right hon. and hon. Members. Our intention has always been that, when the Defence Secretary prepares the annual report, he should have regard to the whole range of subjects within the scope of the armed forces covenant, including the operation of the inquest system for bereaved service families.

We have listened very carefully to the concerns expressed in both Houses and we have decided to accept the amendment. In so doing, I wish to put on record our understanding of what the amendment envisages. The effects of service that the Defence Secretary could cover as a result of this amendment could encompass a wide range of inquests for both veterans and serving personnel. In accordance with his understanding of what the amendment envisages, the Defence Secretary will exercise the same discretion on this topic as on the other mandated topics—namely, he will consider which groups of service people and which aspects of the operation of inquests it is appropriate to cover in his report.

Quarterly ministerial statements on military inquests are already provided to Parliament; indeed, they have been since 2006. They are accompanied by detailed tables outlining progress in conducting an inquest for each fatality resulting from operations in Iraq and Afghanistan. Notwithstanding the wide range of potential issues, our expectation is that in current circumstances the annual report will focus on similar matters to those covered in the quarterly statements. Our understanding of what the amendment envisages is that it is intended to be broad, but that there are matters that should not be covered in the annual report.

Members are well aware that inquests and coroners are independent of Government. In so far as the Government provide a legislative framework for inquests, this is a matter for the Ministry of Justice, so I wish to make it clear that the Defence Secretary will not report on matters concerning the general operation of the inquest system, but only on those that affect service people.

It is clearly essential that investigations into the deaths of service personnel are treated equally in the annual report, regardless of where they are held in the UK. So, where appropriate, the Defence Secretary will under his general powers under this clause report on matters relating to the operation in Scotland of fatal accident inquiries into the deaths of service people. Inquests are a crucial part of how we support those who died in the service of their country. This amendment emphasises the debt we owe to the members of our armed forces who have given their lives and to their families. I urge the House to agree to it.

I deal now with the three Government amendments 3 to 5. These relate to the involvement of other Government Departments and the devolved Administrations in the preparation of the annual report. The fact that there are three separate amendments simply reflects the advice that the proposed new section of the Act was becoming too long and should be split up. It has no other significance.

During the Bill’s passage much attention has been paid to the relationship between the Secretary of State for Defence, who will be responsible for laying the annual report before Parliament, and the Ministers and Departments responsible for delivering many of the services discussed in that report. The annual report will of course be on behalf of the United Kingdom Government as a whole. However, the Government have responded to concerns expressed in both Houses, and the amendments introduce a framework enabling Parliament to be absolutely clear about who is contributing what to the report.

The Defence Secretary will in future be under an obligation to obtain the views of the relevant Departments on the matters covered in the report, and to seek those of the relevant devolved Administrations. That difference in emphasis reflects the different constitutional position. We are working with the devolved Administrations on the covenant, not imposing new duties on them. The Defence Secretary will be required to set out those views in full, or to obtain the Department’s agreement to any summary of their views. If the devolved Administrations have not contributed to part of the report, the report will make that clear.

I also draw the House’s attention to a number of undertakings given in another place on 4 October by my noble Friend Lord Astor of Hever on how the annual report will be prepared. In particular, the Government have made a commitment to consult the covenant reference group at an early stage on the issues that will be addressed in the report. The amendments, together with those commitments, underline our determination that the preparation of the annual report should be an inclusive and transparent process, so that Parliament can rely on its highlighting the key issue of the day. I commend them to the House.

Lords amendment 1 agreed to.

Lords amendments 2 to 5 agreed to.

After Clause 23

Commonwealth Medals

[Mr Robathan]

1 beg to move, that this House disagrees with Lords amendment 6.

The amendment inserts a new clause in the Bill which would permit members of the armed forces and Crown servants who are, or who have been, awarded Commonwealth medals to wear them without restriction. The debates in another place on the subject of medals leave no doubt about the emotions surrounding this important issue. The amendment raises questions about the process and rules for deciding on the acceptance and wearing of awards given by foreign and Commonwealth nations, about the position within that process of Her Majesty the Queen, and about recognising and supporting the Commonwealth.

The Government’s position on the fundamentals of how the system should work remains the same as that of the last Government, who, I remind the House, were in office when the issue of the Pingat Jasa Malaysia medal was considered. It has been held by every previous Government since King George VI established the current system. The Committee on the Grant of Honours, Decorations and Medals—the HD committee—was set up to advise the sovereign on all issues relating to honours, decorations and medals. It consists of senior Crown servants from the Departments most involved. Where relevant, the views of service Chiefs of Staff are fed in and reflected in the advice given to the sovereign.

The thinking behind this approach is straightforward. When British citizens, whether civilian or military, carry out their duty to the sovereign and to their country, it is for the sovereign to decide on the award of honours for that service. That allows us to be consistent in our response to all foreign or Commonwealth states. It prevents a situation in which, if other states were free to honour UK citizens as they chose, there might be suggestions of patronage or influence. It also means that the advice given to the sovereign about the grant of honours is consistent across Government and, as far as possible, dispassionate. Decisions on whether to reward service should not be made in the glare of public or political debate. I do not pretend that absolute consistency has been, or always can be, maintained. Sometimes exceptions have been, and no doubt will be, made. This amendment would lay down for the future a new rule about medals: that those awarded a Commonwealth medal shall be entitled in all circumstances to wear it. However, it would also apply that rule to Commonwealth medals awarded in the past, including the PJM medal.

I do not wish to dwell today on the issues surrounding the PJM or any other specific medal. The Government will remain engaged with the Lords, who have argued strongly that the present arrangements for the PJM are not right. I recommend that the House should disagree with amendment 6 as this is not an appropriate matter for legislation.

The amendment overturns past decisions made on Commonwealth medals. In doing so, it establishes the precedent that Parliament may overturn—after any length of time—any decision of the sovereign as the fount of honour. It takes away from the sovereign—and, indeed, from the United Kingdom—any control over the acceptance of Commonwealth medals in the future. It is drafted in terms which apply whenever a Commonwealth country chooses to honour members of the armed forces, veterans or other Crown servants, even if that was against the wishes of our armed forces or, indeed, the sovereign. More generally, it establishes a further precedent that Parliament can lay down and change the rules which are to be applied to decisions on the acceptance of honours. It does away with the safeguards I have mentioned, such as the need for a basically consistent approach to awards by all friendly and allied states. It takes us to a system where decisions on the award of past, present and future honours are made in the party political environment of parliamentary consideration, rather than through the largely non-political approach set up by King George VI. I believe this is wrong in principle.

In addition, the amendment would create a different principle for the wearing of medals awarded by Commonwealth nations from that which applies to those awarded by other allies. The operations in which our armed forces are involved are increasingly international, with British units working alongside United Nations, NATO or European Union partners. We could not readily explain to non-Commonwealth allies, and especially to the individuals they wish to reward, why we treat their awards on a fundamentally different basis from those offered by a Commonwealth nation. Making a distinction of this kind is not the way to reflect our respect for the Commonwealth.

No system is perfect. As my noble Friend Lord Astor has stated in another place, officials have been instructed to look at the process by which advice about the institution of medals and the acceptance of foreign awards for military service is put together, considered and submitted to Her Majesty, and at how decisions are promulgated. They will then consider whether any advice should be given to Her Majesty about the need to review the process and make changes. We aim to conclude this work before the end of the year.

Lord Astor also said that, in the light of the continued strength of feeling about the PJM, we would put in hand representations to the HD committee to reconsider the position. That is the right way to handle such matters. The wrong way is for Parliament to overturn Her Majesty’s decisions and to establish a precedent for Parliament to lay down new rules. In particular, we should not make a rule which removes all further involvement of Her Majesty and the United Kingdom from decisions on Commonwealth awards.

These awards should be made in a measured, dispassionate and independent manner away from the glare of public debate. I urge the House to disagree with the amendment.

[Paul Murphy (Torfaen) (Lab)]

I will not detain the House for long. The Minister said party politics should not be involved in the granting of awards and honours, particularly those from Commonwealth countries. I entirely agree, and I think he will agree that this amendment is intended not necessarily to change the law on these issues, but rather to bring attention to the situation with regard to the PJM medal. Our constituents have great difficulty understanding why these veterans, who are probably in their 60s and 70s and who have been awarded this medal by Malaysia, can receive it but cannot wear it. The approach is strange and very inconsistent. The Minister has said that there has not been complete consistency in the past on how these medals and awards are dealt with. I do not think for a second that a precedent would be broken here, because precedents have already been broken on who can and cannot wear particular medals.

--- Later in debate ---

I am grateful that the Minister indicated that the Government would look again at the issue of the PJM medal.

[Mr Robathan]

The right hon. Gentleman is making an eloquent case for reviewing the entire system, and we are currently carrying out a medals review. I assure him that it is a genuine review, not a—[Interruption.] Not one as conducted by the Government of whom the right hon. Member for East Renfrewshire (Mr Murphy) was a member.

[Paul Murphy]

The Minister has already indicated that both Governments did not really resolve this issue. The previous Government examined it carefully. Lord Touhig, the then Member for Islwyn, raised it on a number of occasions, both by way of an Adjournment debate and elsewhere, but he got nowhere with the Government of whom I had been a member. Nevertheless, it is important that the Minister understands the huge strength of feeling on this issue up and down the country. This is not about taking away the powers of the sovereign and it is not about the prerogative; it is about dealing with the simple issue that veterans who fought in Malaya in the 1960s should be allowed to wear the medal which they have been allowed to accept.

--- Later in debate ---

[Gemma Doyle (West Dunbartonshire) (Lab/Co-op)]

I welcome the opportunity to discuss this amendment, and I am very disappointed that the Government are objecting to it. Lord Craig of Radley made a strong case for his amendment in the other place, supported by Lord Ramsbotham and Lord Touhig, arguing that our veterans and service personnel should be permitted to wear Commonwealth medals that have been awarded to them. It is very humbling to talk to service personnel and veterans about the experiences that have led to the awarding of a medal, and they should have the right to wear proudly the medals that they have earned.

I support the need for the awarding of medals to be fully considered by the cross-departmental Committee on the Grant of Honours, Decorations and Medals, but we cannot continue to have anomalies such as veterans being awarded a medal but not being given the right to wear it. This amendment therefore seeks to address the specific issue in relation to the Pingat Jasa Malaysia medal.

[Mr Robathan]

I know that—[Interruption.] Actually, I think it is quite gentlemanly. The hon. Lady cannot be held responsible for the actions of the previous Government because although she may have supported them, she was not in the House, but sitting next to her is someone who was doing my job not 18 months ago—the hon. Member for North Durham (Mr Jones). This was not a matter of any concern to him then.

[Gemma Doyle]

That is not an argument for not acting this evening. If the Minister will allow me to make a little progress, he will understand why we are supporting the amendment this evening. I have no desire to upset royal prerogative, and I respect traditions and conventions, but I did not come into Parliament to accept the status quo meekly—I stood for Parliament to challenge conventions that institutionalise unfairnesses such as this. As we have heard this evening, many Members in the House have recognised and acknowledged that unfairness in their support for holders of the PJM.

Colleagues on both sides of the House, some of whom have now moved to the other place, have campaigned on this issue for many years. I think that in the beginning they would have accepted the response that this was a matter for the HD committee, but now, after years of politely asking the committee to reconsider this matter, Parliament must stand up and take a lead. There cannot be many Members here who have not been contacted by a holder of the PJM who would dearly love to wear their medal. My constituent Moira Murray from Dumbarton, who served in the RAF and travelled to Malaysia to collect her medal, visited me during the summer to say how proud she would be to wear it. Moira is joined by thousands of other brave British veterans who served in Malaysia in the 1950s and ’60s who have been awarded the PJM by the grateful Malaysian nation, which was keen to recognise their contribution, but the HD committee decided that they should be allowed to accept it but not to wear it.

--- Later in debate ---

[Stephen Gilbert (St Austell and Newquay) (LD)]

Before addressing Lords amendment 6, I wish to join colleagues in paying tribute to the men and women of our armed forces, wherever they serve, and expressing gratitude for their hard work, bravery and courage.

I agree with the Minister. The Liberal Democrats will be disagreeing with our friends in another place on this matter. We need a full and thorough review of all the issues associated with the awarding of Commonwealth medals. It is pernicious for the Opposition to pick one medal and try to make political capital out of it, rather than looking at the matter overall. However, I say to the Minister that this will be the second review that the coalition Government have had on the awarding of medals. It is important that this time we learn from the failure of the previous review to secure cross-party support and get it right for the long term. The terms of reference and the timeline for the last review were not made public and it failed to consult interested stakeholder groups, including the veterans to whom the medals are awarded. I ask him to give an assurance that those three concerns will be resolved in the new review.

[Mr Robathan]

We have since consulted specifically on each issue and await the approval, or otherwise, of the medals review, but I am afraid that it has not yet been approved.

[Stephen Gilbert]

I thank the Minister for his intervention.