Armed Forces Bill

Lord Rosser Excerpts

Wednesday 6th July 2011 Lords Chamber

[Lord Rosser]

My Lords, I, too, extend my thanks to the Minister and his officials for the briefings on the Bill that have been provided. I am sure that it will have come as no surprise to your Lordships that today’s debate on the Armed Forces Bill has proved both interesting and highly informative. Views, sometimes powerfully put across, have been expressed by noble—and noble and gallant—Lords, including the right reverend Prelate, who really understand the culture, concerns and commitment of our Armed Forces from first-hand experience and knowledge acquired over a number of years.

The Armed Forces Bill, which we need every five years, provides an opportunity for a debate about all aspects of the work of our service personnel, and it is already clear from what noble Lords have said today that a number of important issues will be raised during the Bill’s further stages. My noble friend Lady Drake had some interesting comments to make on young recruits to the Armed Forces and I hope that the Minister will be able to address the key points she raised.

Concern has been expressed about the extent of the commitments being undertaken by our Armed Forces at a time when financial resources are in short supply. We have heard the word “stretched” in comments attributed recently to senior military figures regarding the effect on both service personnel and equipment.

On 27 June the Minister gave a commitment in this House that we can sustain our operation in Libya for as long as we choose to, and that the Government would continue to provide sufficient resources to achieve operational success in Afghanistan and elsewhere as long as we are in Libya. Although we have no reason to doubt that that is what the Government will do, we will nevertheless make sure that the Government deliver on the undertaking that they have given.

That brings me to the issue of the strategic defence and security review, which has also been the subject of comment during the debate today. Although the Armed Forces covenant does not mention the SDSR, surely part of our commitment to the covenant, and to the welfare of our Armed Forces, should be an updating of our current defence strategy when potentially significant new commitments are taken on, as in the case of the operation over Libya. An updating would also assess the impact on our resources and capabilities, and particularly on our people and on their training and development, to ensure that both now and in the future our admirable Armed Forces will have the resources, without being stretched beyond breaking point, to deliver the commitments that we as a nation have decided we require them to undertake.

The Government’s belated decision to keep to the Prime Minister’s undertaking in June 2010 to enshrine the covenant—the bond between the nation and our servicepeople—in law, through the amendments to this Bill which they introduced last month in the other place, has been welcomed by virtually all of your Lordships who have spoken. We support and welcome this development, although we will wish to explore further the details of the Government’s approach as set out in those amendments. We support the principle laid down in the Bill that no member of the service community, including dependants, should find themselves at a disadvantage arising from service, and that special provision may sometimes be needed to reflect the specific sacrifice some individuals have suffered.

However, it appears that the Secretary of State will only be required to “have regard” to the principles in preparing the annual Armed Forces covenant report. That raises questions about whether the principles will apply to all policy issues across all departments or whether the Secretary of State will be the sole arbiter of what issues should or should not be covered by the principles through the decisions that he makes on what matters should be referred to in the annual Armed Forces covenant report. Will there be any independent audit of progress made in delivering the covenant and commitments or proposals made in previous annual reports by the Secretary of State? Will there be an obligation on all public servants and Ministers to apply the principles in the covenant in all aspects of public policy-making? Will each Minister be accountable for their own sphere of responsibility? The Government’s decision to abolish the chief coroner’s office, which the Royal British Legion has described as a “betrayal” of Armed Forces families that “threatens the military covenant”, suggests that the principles may not apply across all areas of government policy.

We welcome the decision to have an annual debate on the covenant in this House, but only three subjects are specified in the Bill for inclusion in the annual report by the Secretary of State—namely, education, housing and healthcare. Why are other welfare matters, such as pensions and benefits, employment, training and rehabilitation services excluded from specific mention as issues on which the Secretary of State has to report? The three fields that are specified for inclusion—education, housing and healthcare—are devolved, so presumably Scottish, Welsh and Northern Ireland Armed Forces and veterans face the prospect of being excluded from any proposals in these areas that the Secretary of State may make in his report. Is that the position, or will the report apply equally to all UK forces, including veterans, to whom a number of noble Lords have referred with some passion and feeling?

In a debate on 8 June on the War Widows Association, the noble Lord, Lord Ramsbotham, asked whether the Government could draw up a shopping list of what the War Widows Association recognises to be the areas of greatest need, insert them into the covenant and then set out in the covenant that the Secretary of State should be required to report every year to Parliament on how the shopping list is being met. The Minister said he would take back to his department the point made about the association’s shopping list, since he considered it to be an excellent suggestion. Could the Minister indicate what the current position is on this matter?

We welcome the Secretary of State’s intention of a continuing role for the external reference group, with its new name and updated terms of reference, more specifically identifying it with the implementation of the covenant, the welfare of our Armed Forces and the annual report. Is the composition of the group going to change, or will it remain as at present? Is it going to become a permanent body charged with overseeing the implementation of all policy that relates to forces welfare?

Apart from the Secretary of State’s annual report and the debate in Parliament, what system will there be for addressing complaints by service personnel over whether the principles of the covenant are being upheld? In addition to the chain of command, the service complaints commissioner will presumably continue to have a role, but in her last annual report she said that the existing complaints system was ineffective, caused extreme delay, failed to deliver justice and led to inconsistencies. The commissioner proposed that an Armed Forces ombudsman be introduced. Is this something that the Government are considering? What changes are the Government contemplating in the light of the commissioner’s comments?

While most of the debate has centred on the covenant, the Bill does address a number of other issues, some of which will no doubt be considered in more detail during further stages, not least because they were barely touched on at all during consideration in the other place. One such issue is the role of reservists and the duties they can be called on to undertake, which has been the subject of comment by a number of noble Lords. We see much sense in what the Government seek to achieve by making the statutory role of the reservists less restrictive so that they could in future be called upon to help in addition to, or instead of, regular Armed Forces—for example, when there are significant floods, as there were recently in Cumbria, or something like a major outbreak of foot and mouth disease.

However, can the Minister say whether it would be the Government’s intention, under the provisions in the Bill, to use reservists to help in other known, pre-planned events, in addition to the Olympics, as opposed to unforeseen events? Can he also say what would be the Government’s intentions in relation to using reservists in a situation where industrial action is taking place? It would also be helpful to know the Government’s reasons for not taking powers in the Bill to introduce permissive random testing on alcohol, which applies in some parts of the transport industry. Likewise, perhaps the Minister could provide information, if not tonight then shortly, on what percentage of positions in the Armed Forces—and why—the Government consider not to be safety-critical, and therefore are not covered by the alcohol provisions.

Although there are a number of aspects that we will want to probe in more detail, we welcome the Bill as it has emerged from the other place, as opposed to how it started out in the other place. As my noble friends Lady Crawley and Lady Taylor of Bolton said, the previous Government had a proud record in the field of the welfare of our service personnel. The Armed Forces Act 2006 introduced a single system of service law that was, in effect, a complete overhaul of legislation on military law and service discipline. The Bill we are considering today also makes some modest but sensible changes to those arrangements. The previous Government also ensured that forces pay increases were among the highest in the public sector, invested in accommodation and rehabilitation facilities and increased NHS access for dependants.

In 2008 the service personnel Command Paper was published, which was the first cross-government strategy on the welfare of Armed Forces personnel. Following that, compensation payments were doubled for the most serious injuries; the welfare grant for the families of those on operations was doubled; better access was given to housing schemes and healthcare; and free access was offered to further education for service leavers with six years’ service. Impartial oversight of the Government’s progress was provided through establishing the external reference group as an independent monitor of the Government’s implementation of the service Command Paper.

The enshrining of the Armed Forces covenant in law, as provided for in the Bill, is a step that we support, not just in its own right but particularly at a time of major cuts to the defence budget, which has seen allowances and pensions cut, significant numbers of personnel facing redundancy and additional commitments being taken on. As an Opposition we will always support the Government when they do the right thing by our forces, whom we all admire and respect. The Bill as amended in the other place represents a good start. We shall consider what has been said in this debate and what other interested parties are saying and then decide what amendments to put down, and on what issues, with a view to strengthening the Bill.