Armed Forces (Flexible Working) Bill [HL]

Lord Touhig Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 12th September 2017 Grand Committee

[The Lord Bishop of Portsmouth]

My Lords, I humbly confess—your Lordships may think that seemly for a priest—that despite the weighty contributions of noble and noble and gallant Lords, I am confused about the problem apparently being raised by describing those who serve in the Armed Forces as part-time.

Of course, part-time is a slippery term that seems to relate to the actual hours of delivery so that even those of us who claim to work full-time certainly do not. Working occupies only part of our day, whether we are in the Armed Forces or we are politicians, doctors, priests or whatever. So soldiers, sailors and air force personnel have a whole-time, sometimes decades-long commitment to the security of our nation regardless of the number of hours they are working and on duty in any week or month. In the same way, my local GP practice has more doctors who work part-time than full-time, but that is no measure of their skill and competence. Surely we are long past the point when part-time might suggest second rate. My surgery offers a whole-time service and capability through a blending of people working different patterns and hours.

My own clergy have a whole-life vocation. They may be called upon at any time but they minister in a variety of flexible patterns, including part-time. Part-time is well understood to be an accepted and honourable working pattern, including among those whose service and work is a vocation.

[Lord Touhig (Lab)]

My Lords, we are in Committee. It is always tempting to make a Second Reading speech but I will resist that. However, before I make some brief remarks about the amendment, if the Committee will indulge me, I would like to thank the Minister and his officials for their engagement so far.

At the end of Second Reading, the Minister and I were far apart on agreeing the merits and demerits of this piece of legislation. Indeed, he said that my remarks were,

“sceptical bordering on the cynical”.—[Official Report, 11/7/17; col. 1205.]

But, as always with this Minister, he has sought to assuage my concerns and those of other noble Lords, and while I still have some reservations and share some of the concerns expressed today, especially by those with first-hand experience of command at a very high level in our Armed Forces, I am more positive about the measure now than I was at Second Reading. We have received some very useful briefings and the Minister has sought and welcomed comments, criticism and discussion. I am encouraged that he is prepared to take these issues seriously and I look forward to his response.

I am sympathetic to the amendments tabled by the noble and gallant Lord, Lord Craig of Radley. Terminology is all-important in matters of this sort and the Minister did indicate, I believe, that we would be given more details on the current options for flexible working. The Minister has gone some way towards responding to that with the helpful papers that have been produced in the past week or so, but there is a powerful argument for putting something concrete in primary legislation, even if it is not strictly necessary because such definitions may already be covered by the Queen’s Regulations. The amendments tabled by the noble and gallant Lord are important because we need to understand the proper definitions of what we are talking about. I hope that the Government will give them the fullest consideration and, if they are not able to respond positively today, to do so on Report.

--- Later in debate ---

[Baroness Jolly]

My Lords, Amendment 4 is a probing amendment. I am very grateful to the Minister and his team for the meeting that we had—it seems a very long time ago—just before we rose for the Summer Recess. We went through these issues with him. As the noble Lord, Lord Ramsbotham, said, employment patterns are changing. The idea of joining the service man and boy—or perhaps it is girl and woman these days—seems very much a thing of the past, or at least not what is always expected. We want to understand exactly how this works and what the Government’s intentions are behind it—hence the probing nature of the amendment. We are after the what, the how, the how long and the how many.

The devil in this sort of thing is very often in the detail. We on this Bench have some concern that a lot of the detail will be in secondary legislation. I know that we will be dealing with that and I know that my noble friend Lady Smith will be dealing with those issues later. However, I would be grateful if the Minister would respond to these points—he has had the summer to look at them with his team—and then we will see how we can move forward from there.

[Lord Touhig]

My Lords, Amendment 6 in my name and that of my noble friend Lord Tunnicliffe relates to the powers conferred on the Defence Council by Clause 1. It is a simple but important amendment and it is one that has the full support of the House’s Delegated Powers and Regulatory Reform Committee. If I may, I will echo the comments made in the Chamber last week about the noble Baroness, Lady Fookes, who chaired the committee when it produced its report. We all wish her well and look forward to her speedy recovery and return to Parliament.

In its report on the Bill, the committee noted:

“These powers are conferred without any detailed provisions on the face of the Bill limiting or restricting how the powers are exercised. In the circumstances we consider that the affirmative procedure should apply”.


The timing of the Bill, with the so-called repeal Bill and its many proposed delegated powers, which was approved in the other place in the early hours of this morning, is significant. We in this House always pay attention to the granting and use of delegated powers and it is only right that if additional powers are conferred on the Defence Council or on Ministers, a proper level of parliamentary scrutiny is guaranteed.

Following meetings and discussions with the Minister, it is my understanding that the Government intend to accept that view and will either agree to this amendment or table a similar one; we will wait for the Minister to tell us. The introduction of part-time working and reforms to geographically restricted service represent fundamental changes to the terms and conditions of our Armed Forces. By ensuring appropriate scrutiny of the forthcoming regulations, the House will be fulfilling its duty to our hardworking service men and women.

Perhaps I may say a brief word about Amendment 4. We certainly do not oppose the amendment moved by the noble Baroness, Lady Jolly, but much of the information it seeks is in the supporting documents that the Minister has provided. The key question that we want the Minister to answer is to assure us that this information will be put into regulations. If that is the Minister’s intention, it may not be necessary to put this provision into the Bill.

I do not know whether it is the intention of the noble Earl, Lord Attlee, to speak to his amendment, but I shall say a brief word about it because he and I discussed it last week. I agree with him that there are too many instances where legislation is passed and commencement never seems to occur. I certainly sympathise with him on that point. However, I believe that the Government have made it clear that they want this option to be available from 2019, and in those circumstances I wonder whether that might well suffice.

--- Later in debate ---

[Baroness Smith of Newnham (LD)]

My Lords, I shall speak to Amendment 18 tabled in my name and to Amendment 6 which is tabled in the name of the noble Lord, Lord Touhig. The amendments are similar. In contrast to the noble Earl, Lord Attlee, we believe that it is important that Parliament should play its full role in legislation. If the Defence Council is to have new powers conferred on it, it would be appropriate to make an affirmative decision rather than use a negative instrument. The noble Lord, Lord Touhig, took the words out of my mouth. I was in this Room last week taking part in a debate about reporting on the process of Brexit. The issues being discussed included questions about the role that Parliament plays in that. The Henry VIII clauses which are in the EU withdrawal Bill cover a bigger set of issues, but the noble Earl, Lord Attlee, has asked, “If these clauses were part of a bigger Bill, would we be bothered about them?”. Perhaps not, but that is not the point. At the moment there seems to be a tendency on the part of Her Majesty’s Government to say, “If the Government have an idea, it should be accepted without any amendment or scrutiny”. It is important that your Lordships’ House and Parliament as a whole play their part in scrutinising legislation, and it is right that this should be done through the affirmative procedure.

On reports, the noble Lord, Lord Touhig, reminded us that there now is information; I am grateful to the Minister for ensuring over the summer that further information was provided regarding the sort of questions we were looking for. As my noble friend Lady Jolly said, Amendment 4 was a probing amendment, but obviously, the more information that can be given and made available to people and the more detail we have, the greater the opportunity for this to be successful.

[Lord Touhig]

Perhaps I may comment on the point made by the noble Earl, Lord Attlee. His suggestion would not be the right way. He discussed it with me last week. The Bill substantially depends on regulations to bring in its measures, and how would one decide what we would bring in the first tranche and the second tranche, and so on? Therefore everything that relates to this matter should be subject to the affirmative procedure.

[Earl Howe]

My Lords, the first amendment in this group, Amendment 4, seeks to place in the Bill information to define how flexible working should be implemented. I agree that it is important that we have clarity over exactly how the new flexible working opportunities will be administered. I reassure the Committee that the policies and processes that will support the changes brought by the Bill have been designed by the services for the services. We have done a great deal of work with the services to develop policies that work for them and their people, and we will continue to refine them in the lead-up to their introduction in 2019 and after to ensure that they are clear and fit for purpose. In doing so, we will continue to consult our people.

As noble Lords will recall, I outlined at Second Reading how we envisage the new flexible working arrangements will be administered following their introduction in 2019. In my subsequent written responses to Peers, I also promised that my officials would publish some additional information over the summer that would explain in more detail how the new arrangements would work in practice. I hope that noble Lords have received that information and found it helpful, and that it has answered the points raised in this proposed amendment.

It might just be helpful if for the record I went through some of the processes that we envisage. We have a position on how we intend that flexible working arrangements will operate in practice. I am sure that noble Lords will appreciate that at this stage the detail remains subject to adjustment as a result of the ongoing policy refinement with the services, further work in the light of surveys and other feedback and, indeed, the need to account for the views of Parliament. In summary, however, the policy is intended to operate as follows.

We believe that regular service personnel must have completed their basic and professional training and a period of further service, defined by their parent service, before they can normally undertake flexible working. A serviceperson wishing to apply to serve flexibly will apply through the joint personnel administration system through their commanding officer to an approvals authority at the headquarters of their service. No limit will be imposed on the number of occasions over a period that the serviceperson will be able to apply to serve flexibly, although they will be restricted to having only one live application at a time being processed by the administration system. However, there will be limits on individual periods of flexible working to help the services manage the applications and people’s expectations.

We intend to limit periods of flexible working to no more than three years at any one time or to the end of an assignment, whichever is sooner. Within this period we intend to enable people to reduce their liability to serve by up to 40%, such as two days in a five-day working week of their regular full-time service. Service personnel requesting limits to their routine unlimited liability for separation from their home base will still remain liable for a maximum of 35 days separation in any one year. This will enable them to continue to undertake essential courses or participate in smaller periods of exercises.

We also intend to restrict the total cumulative time that a serviceperson can serve on flexible working arrangements. This is to maintain the principle that regular service is a full-time and unlimited commitment, while also helping to share the opportunities for flexible working among the broadest range of personnel. Currently we are planning for the total period of all types of flexible working to be limited to four years in a 12-year rolling period. The exact approvals process is likely to vary slightly by service and we are still designing certain elements of it. Currently we plan that the approvals authority will take decisions after being informed by the chain of command, the employing organisation—for example, if the person is working with another service—career managers, manpower planners and other specialists as required.

The principal deciding factor when considering applications will be the ability to maintain operational capability. The individual merits of each application will be considered and will include factors such as the type of role the person is serving in, whether the person has been warned to prepare to deploy for operation and, if appropriate, the personal circumstances surrounding the application. If an application is refused, an individual can appeal against the decision, as I mentioned earlier.

Appeals will be considered by a separate appeals authority which will operate at the headquarters of each service. The exact make-up of that body has yet to be set. The appeals authority will make its decisions informed by information from the employer, the employing organisation, the chain of command, career managers, manpower planners and other specialists. Service personnel will of course have the right to escalate their appeal to a service complaint if they remain unhappy with the decision.

The services will retain the right to recall regular service personnel from flexible working arrangements to ensure that operational capability is maintained while providing as much certainty of the arrangement for the individual as possible. Such recall will be against prescribed criteria sanctioned by the headquarters approvals authority within each service. Personnel will be subject to two levels of recall. The first will be immediate recall in cases of national emergency, and the second is curtailment after 90 days’ notice. The latter would apply where there is a significant change in the circumstances used to judge and approve the original agreement.

We continue to work on the detail but envisage that a change in circumstances would include a change to the requirement for operational capability which is affected by overall manning levels of the service or trade or any specific skills held by the serviceperson during the period of flexible working. Should any of these change substantially, the service would be able to issue a 90-day notice to recall the serviceperson to full duties, either by suspending the flexible working arrangements for a defined period to allow them to be adopted again later for the remainder of the originally agreed period or by cancelling the flexible working arrangement outright. Where these circumstances occur, they would constitute a manning crisis as a result of severe manning constraints, manpower shortages on specific operational tasks or skills shortages. All approvals, refusals and amendments to agreements between a serviceperson and their service will be set out in writing to avoid any uncertainty and to provide an audit trail. The detail I have just outlined has been published on the GOV.UK website.

As we intend to continue to refine the parameters of exactly how this policy will operate within the services by learning from their experience of operating it after introduction, it would be unnecessarily constraining to have the parameters proposed in the amendment set in primary legislation. The noble Lord, Lord Touhig, and the noble Baroness, Lady Jolly, made clear their view that this should all be in regulation, at least. The provisions that I have outlined will be set out in a mixture of regulation and policy statements, rather than exclusively in regulation.

The purpose of Amendments 6 and 18 is to require any new regulations made by the Defence Council of a kind to be introduced by Clause 1(2) of the Bill to come into force only following the affirmative resolution procedure. Amendment 6 looks to achieve this by inserting into Section 329 of the Armed Forces Act 2006 a new subsection (4A). However, I must tell the noble Lord, Lord Touhig, that due to the way in which the 2006 Act works, any amendments to the procedure would need to be by way of amendment to Section 373, as identified by the noble Baronesses in their Amendment 18.

--- Later in debate ---

[Baroness Burt of Solihull]

My Lords, Amendment 8 is in my name and that of my noble friend Lady Jolly. This may be an appropriate moment to apologise to the Committee, rather than to the House, for my misuse of terminology. I also apologise to the noble and gallant Lord, Lord Craig. I have not been here a long time and I find this issue a bit confusing. I ask for noble Lords’ patience.

This amendment provides that, three years after the new arrangements come in, the Secretary of State will lay annually thereafter a report before Parliament evaluating the impact of diversity within the Armed Forces. By “diversity” we mean all protected characteristics. Diversity is about not just gender and race. In fact, the Act covers age, disability, gender assignment, marriage, civil partnership, pregnancy, maternity, race, religion, belief and sexual orientation. Although we have to be pragmatic in what realistically can be set before the House in parliamentary reports, I am trying to get to the spirit of this issue. Unless and until the Armed Forces are truly diverse, they will not make the best decisions to achieve their optimal effectiveness. Until everyone feels included, we will not have the team cohesiveness that the forces so prize, and which is so important to operational functionality in times of danger and stress.

It is also important to report on these characteristics by rank. The Minister pointed out in his letter over the summer that as the services are “base-fed” organisations, some of the improvements will take time to feed through. That is all the more reason why we should measure this as time goes on because what you do not measure you cannot change. As I understand it, the Bill lacks any mechanism to track future progress or lack of it. Therefore, we hope that the Minister will be sympathetic to this amendment.

[Lord Touhig]

My Lords, Amendments 10 and 11 would introduce new clauses that cover the making of an annual report on the impact of part-time service and geographic restrictions, and on the Bill’s impact on recruitment and retention. These two amendments will enable the Government and Parliament to see what impact the Bill has on this very important question.

I am sure that I am not alone in believing that we need more post-legislative scrutiny. Time and again, Parliament—with the best of intentions—passes into law Acts that have unintended consequences and fail to meet their objectives. Greater post-legislative scrutiny will lead to better lawmaking. The same principle applies here. Having served for several years on the Public Accounts Committee in the other place, I strongly believe in doing “lessons learned”. Time and again I sat through evidence sessions with the most senior civil servants, who had been made to appear before the committee to explain some major policy failure discovered by the National Audit Office. Indeed, when I served as a Minister—I am sure things have changed—I found an almost institutional objection to doing “lessons learned” among some of my officials. Our Amendment 10 is an important step in ensuring that the operation of this measure is kept under constant review and its impact reported to Parliament. It is as simple as that.

The second new clause, outlined in Amendment 11, goes to the heart of what is one of the key questions for this Bill in the first place: the impact that service life is having on service men and women and their families. The SDSR 2015 committed the Government to ensure that,

“a career in the Armed Forces can be balanced better with family life”.

The noble Baroness, Lady Jolly, rightly pointed out that the 2017 Armed Forces continuous attitude survey, which lists the top five reasons why personnel leave the services, revealed that the number one reason was the impact of service life on family and personal life. We need to know whether this Bill has a positive impact on the quality of life of our Armed Forces, hence the need for this amendment.

[Earl Attlee]

My Lords, in those halcyon days when I was an Opposition Front Bench spokesman, I would have been proud to have tabled any of these amendments, something I did many times. I leave it to the Minister to say whether they are a good idea, but I draw the Committee’s attention to Amendment 15, which has not yet been spoken to, although it is in the grouping.

We need to know how many servicemen are taking advantage of these provisions, because otherwise the stats on the strength of the Armed Forces are to an extent meaningless. Perhaps the frequency of the report is too great but I would like some reassurance from the Minister that we will know, from time to time, how many members of the Armed Forces take up flexible working.

--- Later in debate ---

Moved by

[Lord Touhig]

9: After Clause 1, insert the following new Clause—
“Protection of pay and allowances
(1) Nothing in this Act shall lead to the full-time equivalent level of remuneration provided to persons serving with a regular force being reduced.(2) In this section, “remuneration” means—(a) basic pay;(b) the x-factor allowance; and(c) any other universal payments,provided to persons serving with a regular force.”

[Lord Touhig]

My Lords, at Second Reading there was much discussion of the potential consequences of the Bill on pay and benefits received by our Armed Forces. On this side we agree that it is perfectly reasonable that if somebody decides to scale down the time commitment of their job there should be an appropriate adjustment to pay and there will be consequences for pensions, but I describe that as part-time working, not flexible working. Indeed, I believe the Government also understand that and maybe agree with it. Throughout the Bill the proposed new working arrangement is referred to as part-time working. The only reference to flexible work is in the short title. However, the Minister will have heard concerns from all sides that this change could represent an attempt at cost saving or a slippery slope to forced part-time work.

In meetings the Minister has assured us that there will be no compulsion and no one will be forced into part-time or flexible working. I am certain that that is welcomed on all sides, but in our discussions the Minister explained that there was already in existence a system of flexible working which did not involve service personnel taking a pay cut. I may have misunderstood, but I understood that to be the case. I have a number of questions to ask about that existing scheme, such as how widespread is it? Is it some form of informal arrangement, varying from place to place and dependent on local interpretation, or is it codified in some way? Is the existence of such a scheme publicised in the forces?

A number of these questions have been answered in the very useful papers that the Minister has provided to us, which leads me to ask whether it is intended that this flexible working arrangement will be operated alongside the part-time working arrangement outlined by the Bill. In the case of someone who needed to take half a day every Friday for, say, the next 10 weeks to accompany a wife or partner to hospital, could this not be done under a flexible working arrangement whereby that person would make up the hours and not suffer a loss of pay? Another person may decide that he or she wants to commit to fewer hours and work part-time. That would obviously have an impact on pay and pensions.

A life in the Armed Forces can be incredibly rewarding in many ways, but it is rarely highly lucrative. The very existence of the x-factor payment demonstrates that being in the forces is not like any other job. Our amendment on pay and allowances would protect the full-time equivalent base level of pay, the x-factor payment and any other universal payment or allowances provided to personnel serving in any of the regular forces. It would not preclude people from working part-time but would prevent the option of working part-time or subject to geographical restriction—which the Minister acknowledges is envisaged for only a small number of people—being used as justification to reduce remuneration overall.

A recent document provided by the Bill team states that,

“personnel who remain working on a full-time commitment will not see a reduction to their basic pay, x-factor payment, and any other universal payments”.

I therefore hope the Minister will accept our amendment so that this information is available for all to see. In the same document it is stated that the Government are,

“engaged with the Armed Forces’ Pay Review Body to help determine what a fair and appropriate reduction”,

of the x-factor payment would be for those who have limits placed on them at their level of separation. There is also discussion on the need to inform how the Armed Forces Pension Scheme will operate after the passage of the Bill. I hope we will hear more from the Minister about these points.

I thank the noble Baroness, Lady Smith of Newnham, for tabling her amendment on access to accommodation. We have received assurances from the Minister and his officials that those affected by the Bill will not see any change in their entitlement to service accommodation. If this is the case, surely the Minister will agree to put these assurances in the Bill.

Amendment 16 tabled in the name of the noble Baroness, Lady Burt of Solihull, is also important. As with the issues of accommodation, we are simply asking that the assurances we have already received are added to the Bill. Similarly, Amendment 17 tabled in the name of the noble Baroness, Lady Jolly, is also invaluable. Some important points have been made and it may be that the Minister is not able to respond positively today. However, we shall certainly be looking for much more when we come to the Report stage. I beg to move.

--- Later in debate ---

I hope that my rather lengthy answer will convince noble Lords that it is not necessary for the Bill to be amended in the ways suggested and that, following my assurances, the noble Lord, Lord Touhig, will withdraw his amendment.

[Lord Touhig]

My Lords, the Minister has given his usual very full response. I need to reflect on it, because I keep coming back to the points made in our first debate by the noble and gallant Lord, Lord Craig. There is a question of definition and terminology: the Minister has constantly referred to “flexible” working but the Bill keeps referring to “part-time” working. It mentions flexible working only in the short title. I need to look carefully at his remarks on the Bill in Hansard tomorrow to make sure that he is talking about part-time working, not flexible working, because that was one of the key points I was trying to draw out. He said that the existing flexible working scheme is codified. I would be grateful to receive a copy of that. My earlier point was that people working in that flexible environment should not be penalised in any way by having their pay cut. That is a key point we need to look at before Report.

We have had a very useful and interesting debate, but it certainly underpins the need for clear definitions and terminology. I beg leave to withdraw the amendment.

Amendment 9 withdrawn.

--- Later in debate ---

Moved by

[Lord Touhig]

12: After Clause 1, insert the following new Clause—
“Implications for the Armed Forces Covenant
(1) Within six months of the coming into force of this Act, the Secretary of State must lay a statement before both Houses of Parliament outlining the implications of this Act for the Armed Forces Covenant.(2) In preparing the statement, the Secretary of State must determine whether the Armed Forces Covenant, or any of its supporting documentation, requires revision in order to reflect the measures provided for in this Act.(3) The Secretary of State must ensure that the Armed Forces Covenant annual report considers the contribution of this Act to meeting the goals of the Armed Forces Covenant.”

[Lord Touhig]

My Lords,

“The need for an Armed Forces Covenant is ever more relevant today”.


Those are the words of the very first sentence that the Defence Secretary wrote in the foreword to the Armed Forces Covenant Annual Report 2016. For once I find myself in complete agreement with Sir Michael Fallon—

[Lord Tunnicliffe (Lab)]

Don’t get carried away.

--- Later in debate ---

[Lord Touhig]

I will not get carried away. The publication of the Armed Forces Covenant Annual Report has become a well-established practice, and the Government should be congratulated on that. Because of that, we on this side were motivated to table Amendment 12.

The Bill is a small but by no means insignificant measure, and when enacted its impact should be measured to see what implications it has for the covenant. Subsection 2 of the amendment requires that,

“the Secretary of State must determine whether the Armed Forces Covenant, or any of its supporting documentation, requires revision in order to reflect the measures provided for in this Act”.

By including the requirement set out in subsection 3 of the amendment, we are deliberately linking the impact of this Bill on the lives of service men and women to the covenant. By explicitly linking the Bill to the covenant, we are giving the external members of the covenant reference group an opportunity to consider and comment on the operation of the Bill when it becomes an Act.

The external members of the covenant reference group make a major contribution to monitoring the life and well-being of our Armed Forces, their families and all that affects their lives. This Bill should be no exception, so I heartily welcome the comments made by the Minister in a debate earlier this afternoon which made clear that the Government will ensure that the operation of this legislation will be reflected in a report on the covenant. That will give the external members of the covenant reference group a chance to comment on it. That is progress, and I look forward to that being enacted. I beg to move.

[Earl Howe]

My Lords, as the noble Lord, Lord Touhig, has explained, this amendment seeks to require the Secretary of State for Defence to lay a Statement before both Houses of Parliament, within six months of this Bill coming into force, outlining the implications of this Bill, once enacted, for the Armed Forces covenant. This amendment would also require the Defence Secretary to consider whether the Armed Forces covenant, or any of its supporting documentation, requires revision to reflect the measures in the Bill. Finally, it seeks to commit the Defence Secretary to ensure that the annual report on the covenant reflects the contribution of this Bill to meeting Armed Forces covenant goals.

I share the view of the noble Lord about the importance of measuring and reporting on the impact of the changes that will be introduced through this Bill. I want to ensure that it is done in the most appropriate and effective way for both the MoD and Parliament. As I mentioned at Second Reading, and several times today, we expect a small but significant number of our people to take up the new opportunities introduced by the Bill.

For this reason and, I submit, the disproportionate administrative burden we believe it would create, we judge that there would be little value to be gained from producing a statement only six months after the Act has come into force. The long-term aim of providing these new arrangements, alongside a range of other measures in the MoD, is to modernise the terms of service and ultimately improve Armed Forces recruitment and retention, which I am sure all noble Lords would welcome.

In addition to this, evidence from our ongoing flexible duties trial suggests that in particular those with families have benefited from the greater stability that comes from having more choice over how they serve. This latter prospect has been welcomed by the services’ families’ federations, which view this as an important part of the drive for a better work/life balance among service families. It is these specific areas that I have just mentioned rather than the concept of the Armed Forces covenant itself that will feel the direct impact following the introduction of the new flexible working arrangements. We therefore do not anticipate that there will be any need to revise the wording of the covenant or its supporting documentation. As noble Lords will be aware, the Secretary of State is already required to lay an annual report before Parliament each year outlining the Government’s progress in delivering the Armed Forces covenant and, as I mentioned earlier, it is likely that a future report will include a section on the introduction of the measures included in this Bill and their effect. That would be entirely appropriate. For this reason, and the others I have already outlined, it seems unnecessary to legislate that the Secretary of State should report separately on the introduction of the new measures that the Bill will introduce. I do not therefore believe it is necessary for the Bill to be amended as suggested by the noble Lord. Following these assurances, I hope that he will agree to withdraw his amendment.

[Lord Touhig]

I beg leave to withdraw the amendment.

Amendment 12 withdrawn.