Armed Forces Bill

Lord Tunnicliffe Excerpts

Tuesday 6th September 2011 Grand Committee

[Lord Judd]

My Lords, I have a dilemma. Some colleagues have suggested that I should go back to the beginning and start again. That would be a bit onerous. On the other hand, I have a note from Hansard asking for my speaking notes, which is a bit premature because I have more to say.

The education and training provided to minors in the Armed Forces not only must be adequate for their immediate situation but should ensure that they have the necessary qualifications to succeed at work within and outside the Armed Forces for the rest of their lives. If young recruits do not gain recognised transferable qualifications while in the Armed Forces, they are likely to encounter far greater difficulties finding employment if and when they return to civilian life. Despite the vital importance of education, the MoD has stated that it does not keep any comprehensive record of the qualifications achieved by minors in service. The amendment seeks to redress this absence and to ensure that adequate standards are met.

While the Armed Forces have always been proud of the educational opportunities that they provide for young recruits, recent evidence indicates that the basic educational provision for minors may now be falling behind the levels expected in mainstream education. Minors training at the specialised Army Foundation College in Harrogate study a very limited academic curriculum, covering English, maths and IT only, at a level equivalent to a low-grade GCSE pass. They do not study for GCSEs, A-levels, BTECs or similar qualifications. It should be noted that this is in contrast to the excellent academic results achieved at the Welbeck Defence Sixth Form College, where students who are not Armed Forces personnel but who wish to pursue a career in the forces study a range of A-level subjects alongside military-style training to prepare them for a future military career.

Would it not be more beneficial for both recruits and the Armed Forces if the career entrance path for minors was focused on education until recruits reach 18? Vocational training leading to recognised transferable qualifications could form the basis of education for recruits who are less academically inclined. Once again, I suggest a comprehensive assessment of data on this issue is necessary in order to ensure that the MoD is fully discharging its obligations towards minors in its care and employment. The need to ensure that recruits enlisting as minors do not suffer disadvantage as a result is made more acute by the fact that the majority of those enlisting below the age of 18 come from socially and economically disadvantaged backgrounds. These young people seek an opportunity to improve their prospects and make something of their lives. The Armed Forces have the potential to make this happen, but, I would argue, only if adequate attention is given to the recruits’ long-term needs. Minors who leave mainstream education early in order to enlist must be guaranteed adequate training and qualifications. Education has long been recognised as the path out of poverty and social deprivation. Failure to ensure that young recruits complete a thorough education will condemn them to long-term disadvantage.

While the majority of minors joining the Armed Forces each year enjoy the experience and wish to stay, we have to recognise that a significant minority do not. Last year alone 27 per cent of recruits enlisting as minors dropped out of initial training. This is significantly higher than drop-out rates for older recruits, which it seems average at 15 per cent. In the financial year 2009-10, one in three minors left within a year of enlisting. The high drop-out rate is important in this context for two reasons. First, it demonstrates the importance of ensuring that young recruits gain adequate qualifications to pursue a career outside the armed services. Secondly, it places an obligation on the MoD to ensure that minors leaving its care make a successful all-round transition to civilian life. Evidence shows that early service leavers—service personnel who leave without completing their minimum period of service—are at greater risk of experiencing difficulties making the transition successfully to civilian life. This includes greater susceptibility to homelessness and criminality. Despite their greater vulnerability, early service leavers are entitled only to reduced resettlement support compared with longer-serving personnel. The high and rapid drop-out rate of minors means that they constitute a high percentage of early service leavers. Therefore, I argue that the MoD should pay particular attention to ensuring that they make a successful return to civilian life both in the short and longer term. Once again, specific data are needed to demonstrate that this duty of care is being fulfilled.

In the present economic climate the high drop-out and discharge rate of minors in the Armed Forces also places an obligation on the MoD to demonstrate that the expenditure on recruiting and training recruits at high risk of dropping out is a financially sound policy. Adequate data are required to demonstrate that these resources are well spent both on those recruits who leave the armed services as well as those who remain.

Finally, recognising that under UK law minors cannot have a contract enforced against them, it is important that recruits who enlist below the age of 18 should be required to re-enlist upon attaining legal majority. This is why my noble friends’ Amendment 22 is so important. Indeed, the British Armed Forces Federation stated in its evidence to the Armed Forces Bill Select Committee that the current system,

“does not adequately provide informed consent as an adult”,

and suggested that minors should reaffirm their enlistment at, or shortly after, their 18th birthday. Such a system would ensure that all Armed Forces personnel are serving on the basis of free, informed adult consent. It would also relieve parents of the moral burden of responsibility for their child’s service—a particularly poignant issue in the case of those who are killed or gravely injured. I beg to move.

[Lord Tunnicliffe]

My Lords, I rise to speak to Amendments 6, 8 and 22, the latter of which stands in my name and that of my noble friend Lord Rosser. The Committee will be relieved to hear that I intend to speak briefly as it seems to me that the burden is very much on the Government to explain their position on these matters and give appropriate assurance.

The noble Lord, Lord Judd, has raised some extremely serious issues on Amendments 6 and 8. I look forward to the Minister’s response to those issues. We will consider his response and judge whether to support those amendments on Report. However, I put down a marker to the Government that we will be looking to hear a very good response, otherwise we will probably support the amendments on Report.

I would like to make clear that the Opposition are not against people under 18 serving in the Armed Forces. We think it can be good for those young people and for the Armed Forces. However, as the noble Lord, Lord Judd, has just so eloquently set out, there must be the right safeguards. There are obvious safeguards to do with combat and other issues that we believe are in place—and of course we will be constantly seeking assurances that they are in place—but we think Amendments 6 and 8, as a basis for reporting, and our Amendment 22, tie the whole thing together.

We have been assured privately that there are mechanisms in place whereby all young people under the age of 18 are able to leave the Armed Forces at any point up to their 18th birthday if they wish to. That is an absolutely key safeguard but it is a safeguard with which we are uncomfortable. The noble Lord, Lord Judd, has hit the nail on the head: there is no process for informed consent. There is no clear process of audit. We believe that the proper way forward is an affirmative, signed statement by that young person that they wish to continue their service in the Armed Forces, and we will be pressing this point on Report unless we can be convinced by the Minister between now and then that such a clause is not required in the Bill.

[Baroness Dean of Thornton-le-Fylde]

My Lords, I would like to speak to these amendments but this also gives me the opportunity of giving my sincere apologies to the Committee for not attending Second Reading. It was for family reasons and I did notify the Minister.

The accountability of any employer, including the Armed Forces, to young people is essential. In the Armed Forces I think it is even more essential. I do not know if the noble Lord, Lord Judd, has been to Harrogate. I have been on a number of occasions and I was extremely encouraged by the work being done there with young people. For the first time in their lives, for many of them, someone was taking an interest in them, investing time and money in them. In fact, if they left the services at 18 they would have been in a far better position to get employment than they would have been if they had been left in the streets where they were—and many of them told me that. When I met them, many of them told me that they would go on leave at weekends and they were quite often glad to get back because they realised what a cul-de-sac their life had been before they joined the Armed Forces.

There is a responsibility and I welcome this discussion, but I would not like to see attached to that any kind of assertion that the Armed Forces have been irresponsible with young people—because they have not. Indeed, I would also refer to A-levels. Many of these kids, boys and girls, go into the services because they have no chance of getting any further education; it is not within their sights. Their parents do not encourage them, the community they live in does not encourage them, and if you said, “You’re coming in here and you’re going to go away with A-levels”, they would run a mile; they would not join up. It is very important that we handle this sensitively. We have an accountability and maybe including a reference to it in the covenant report is the way to deal with it. I would certainly welcome that, and would welcome not tying youngsters in so they feel they cannot get out if they find it is not for them.

However, it would be wrong in Committee for it not to go on the record that the training that the young people get in Harrogate is good and gives them confidence in life they would not have got elsewhere. One of the bugbears I remember having as chair of the Armed Forces Pay Review Body some years ago was that the services did very good training but they did not keep a record of it; they did not have accreditation that could be used outside in employment. That has changed considerably—a lot of progress has been made—but if we could make sure that the investment that goes into the youngsters and what they give back was recorded and was available, it would help broaden their lives but would also recognise more fully the good work that the Armed Forces do with young people.

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[Lord De Mauley]

My Lords, before I respond to these amendments, I should declare two interests—one as President of the Council of Reserve Forces’ and Cadets’ Associations and the other as Colonel Commandant of the Yeomanry.

The amendments in this group all deal with the matter of under-18s serving in the Armed Forces. I welcome the efforts of noble Lords in reminding us that the welfare of those who join under the age of 18 is very important indeed and I thank all those who have moved amendments and spoken today. I can assure your Lordships that the Ministry of Defence is well aware of the need to ensure that these young people live and work in an environment which safeguards their interests and wellbeing, and I thank in particular the noble Baroness, Lady Dean, and the noble Lord, Lord Young, for their helpful and positive comments to this effect. I welcome the suggestion of the noble Baroness, Lady Dean. Things have been improving and will continue to improve, but we can always do better.

A great deal of close attention has been focused on this whole area in recent years, especially after the tragic deaths at Deepcut. We now have robust and effective safeguards in place to ensure that under-18s are cared for properly. Moreover, as the noble Lord, Lord Tunnicliffe, suggested and I can confirm, no service person under the age of 18 is to be deployed on any operation which will result in them becoming engaged in or exposed to hostilities. And recently we announced a change to the right of discharge for those under the age of 18. I shall come back to this in a moment.

Through Amendment 6, the noble Lord, Lord Judd, seeks to include service personnel under the age of 18 as being within the group covered by the Armed Forces covenant report, which is a laudable objective. However, the guidance accompanying the Armed Forces covenant, which we published on 16 May, is quite explicit. It states that:

“Special account must be taken of the needs of those under 18 years of age”.

I can assure noble Lords that we will not forget this aspect of our responsibilities for service personnel. The Armed Forces covenant report is to be a report about the effects of service on servicepeople, so as regards Amendment 6, minors under the age of 18 are already within the definition of servicepeople in the clause. I hope that the noble Lord will accept that.

As regards Amendment 8, I have some difficulty with the wording proposed. Not only would the amendment 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 in question became veterans. It would oblige us to treat those who joined under the age of 18 as a separate category throughout their service, and perhaps even throughout their lives. I hope it will be apparent to noble Lords that that is not an appropriate distinction to build into legislation.

I turn now to Amendment 22, spoken to by the noble Lord, Lord Tunnicliffe. This provides that service personnel under the age of 18 will be required to confirm in writing that they wish to continue serving in the Armed Forces after their 18th birthday. This must be done at least three months before their birthday. As noble Lords will know, it has long been our policy to enable service personnel under the age of 18 to reconsider their choice of a career in the Armed Forces up until their 18th birthday, and indeed for three months afterwards if they have already declared their unhappiness. To that effect, we are travelling in the same direction as the noble Lord. In fact, these informal arrangements have provided our under-18s with six months more to think about whether they have made the right choice of career than would the amendment. But following a review of our discharge policy for the under-18s, this has been converted into a legal right. A regulation was introduced on 12 July this year for each of the Armed Forces to provide a new statutory right for all service personnel to claim discharge up to their 18th birthday. This new regulation is separate from and additional to the long-standing legal right of all new recruits, regardless of age, to discharge within their first three to six months of service, depending on their service, if they decide that serving in the Armed Forces is not a career for them.

Under the new regulation, everyone under the age of 18 serving in the Armed Forces already has a right to claim discharge up to their 18th birthday. For the first six months of service this is achieved 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 their service 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.

The new right of discharge includes a cooling-off period to avoid the unintended consequence of a decision made in the heat of the moment. A shorter period may be agreed with the commanding officer, but three months provides the serviceperson under 18 with a period of due reflection, with appropriate guidance and the right to rescind their request for discharge. The amendment proposed by the noble Lords, Lord Rosser and Lord Tunnicliffe, adds no protection for those under 18 who are serving, and would put a staffing burden on the chain of command that I hope they will accept is unnecessary. The right of discharge is made clear to all service personnel on joining the Armed Forces. We wish to continue to ensure that those young men and women who wish to serve in the Armed Forces are able to do so, while those who realise that a service career is not for them can leave as a right. On this basis, I hope that the noble Lord, Lord Judd, will withdraw his amendment.

[Lord Tunnicliffe]

My Lords, will the noble Lord be kind enough to send me and interested Members of the Committee a copy of that regulation, and deposit a copy in the Library?

[Lord De Mauley]

My Lords, I will be very happy to do that.

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[Lord Tunnicliffe]

My Lords, I rise briefly to speak to this group of amendments. The right reverend prelate the Bishop of Wakefield made a nice point when he said that there is a resonance in so much of what we have been talking about today. There is a consensus around the Committee that the Bill as it stands does not firm up the covenant provisions enough. I share the aspiration that the Government should come forward with proposals, and I have to tell them that we will be looking at the points which have been made in this debate. If the Government do not come up with proposals today, it is extremely likely that we will seek consensus on an amendment to be tabled at the Report stage to try to capture the way this debate has gone.

I thank the noble Lord, Lord Ramsbotham, for explaining his amendment, and we will look at it in the light of the Minister’s reply. It is a complex and subtle area, and we shall take a view on how it might form part of our general approach. Turning to the two amendments tabled by the noble Lord, Lord Empey, and the noble and gallant Lord, Lord Craig, this is an absolutely crucial area which the Government have to sort out. I do not agree that the covenant is in such a dire state. I think that we have made progress, both this Government and the previous Government. I commend the way that this Government have carried it forward, but it would be a disaster if we were to actually achieve it and end up with an England-only covenant. Amendments 14 and 15 may not be the right mechanisms but the Government must come up with a satisfactory mechanism to make sure that this is an all-GB covenant.

[Lord Astor of Hever]

My Lords, I want to start by assuring all noble Lords, noble and gallant Lords and the right reverend Prelate that we are listening very carefully and we will reflect very seriously on everything that has been said today before Report.

Amendment 13, tabled by the noble Lord, Lord Ramsbotham, and Amendment 15, tabled by the noble Lord, Lord Empey, take up a similar theme. The first half of each amendment requires the annual report to state what contribution has been made by other departments across Whitehall and in the devolved Administrations.

With regard to the contribution made by Whitehall departments, I believe that the point has already been answered in my response to my noble friend Lord Lee when we discussed Amendment 9. Although the report will be that of the Secretary of State, it will reflect the views of the Government as a whole and it will have been approved by the Government as a whole. There is no need to make that a statutory requirement.

The role played by the devolved Administrations is clearly different. We have always recognised that all the devolved Administrations should be engaged in the preparation of the report. We will invite their contributions and comments. We will make sure that we fully understand and take into account their reactions to anything we propose, and in particular whether they will support and implement what we propose. They have a place on the covenant reference group, which will be closely involved with the report. For example, if the annual report says something about healthcare in Scotland it must do so with the full involvement of the Scottish Government. The published report would naturally make this clear. Again, I do not believe that should be a matter of statute.

The second part of the two amendments requires the Secretary of State to declare what duties have been laid upon government departments and the devolved Administrations in cases where special provision is justified. I can envisage circumstances in which the annual report might do exactly that. But it will not always be possible to do so. It may take time to work out the right approach, or the solution may not be affordable for the moment. In some cases, implementation will not be a case of the Westminster Government laying duties on other bodies. It would be wrong to impose on the Secretary of State a statutory duty which, quite legitimately, he may be unable to fulfil.

I recognise the concern of noble Lords and noble and gallant Lords that the annual report may state conclusions, but have no teeth. They may see a risk of it being ignored due to resource or other considerations. I also recognise that it will be more difficult to produce the report if we do not have the co-operation of all the responsible authorities across the United Kingdom. Naturally, I very much hope that such a situation will not arise. Commitment to the Armed Forces covenant is strong across government and the United Kingdom. The record shows that we can work effectively with all the departments concerned. I believe we should proceed on the basis that those productive relationships will continue.

Amendment 14 highlights an important aspect of the Armed Forces covenant and the way it interacts with our constitution. In many cases special provision, in response to the effects of service in the Armed Forces, will not be a simple matter of issuing an edict from Whitehall. Responsibility may fall within the discretionary powers of local authorities or other local delivery bodies. More particularly, in terms of this amendment, it may fall to the devolved authorities in Scotland, Wales or Northern Ireland. Special provision for veterans in the areas of health or housing, for example, as has been mentioned, could fall into this category.

The key to success will, of course, be the quality of dialogue. The devolution settlement requires us to work closely together with devolved bodies. Whitehall officials are in regular contact with their opposite numbers and working relations are good. I repeat: working relations are good. Ministers in Edinburgh and Cardiff have underlined their commitment to the Armed Forces covenant. The situation in Northern Ireland is more complex but we are confident that we can maintain a fruitful dialogue to achieve our aims. We have, for example, succeeded in introducing the new arrangements for scholarships for bereaved service children across all the countries of the UK. The new transition protocol for injured personnel, designed to improve the handover of care from the military to civilian services, will be applied in all four countries. These cases show that the system operates effectively.

I welcome the reference in the amendment to special provision being “broadly the same” in the different countries of the United Kingdom. It is important to recognise that there is no virtue in complete uniformity here. Special provision clearly implies a divergence from the normal regime. Since the normal regime may differ in different countries of the United Kingdom, the nature of special provision may also have to differ. It is the outcome which matters; that is, making sure that we are doing the right thing for our people and honouring the Armed Forces covenant right across the UK.

The Government are sympathetic to the idea of consistency. However, the amendment takes the annual report several stages further than we envisage. It may not be possible, at the time of the publication, to set out detailed proposals for implementing the special provision that the Secretary of State considers to be justified in England or elsewhere. I can, nevertheless, give noble Lords, and the noble and gallant Lord, two assurances which I hope will respond to the points that they made. First, the annual report will contain references to the contributions which have been received in its preparation. Secondly, where the Secretary of State reaches the conclusion that special provision is justified, the annual report will seek to take into account the position across the United Kingdom. I hope on the basis of these assurances that the noble Lord will not press his amendment.

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Moved by

[Lord Tunnicliffe]

23: Clause 9, page 7, line 36, at end insert—
“( ) The Railways and Transport Safety Act 2003 is amended as follows—
(a) in Part 4 (shipping: alcohol and drugs), omit section 90 (crown application, &c);(b) in Part 5 (aviation: alcohol and drugs), omit section 101 (military application).”

[Lord Tunnicliffe]

My Lords, I want to make one or two general points about the approach to the Bill. We have a role as the Official Opposition to scrutinise the Bill thoroughly clause by clause. This is a particularly important role for the House of Lords and one we feel we need to discharge. In the event, Members of the Committee will note that only two amendments relate to clauses beyond Clause 2. I want the Committee to be in no doubt that this has nothing to do with the sloth of Her Majesty’s Official Opposition or other Members of the Committee, but is a commendation to the Minister and his officials on the very extensive consultation we have had, and the fact that many of the concerns we raised about the Bill have now been handled. We have been given assurances, so there is no need to bring forward amendments. I also particularly want to thank Mr Morrison for a long and complicated telephone conversation with me. I am not a member of Her Majesty’s Armed Forces, a lawyer or a former Minister in the Ministry of Defence, so frankly I did not understand how service law sits alongside normal criminal law. I thank him for taking me through it so painstakingly. It was particularly in pursuit of this clause that I sought his advice.

The basic rule is that service law and the criminal law of the land sit side by side. In round terms, a serviceman is answerable to the law of the land, and Clause 24 extends it to overseas, which seems complicated but is really very simple. A serviceman has to obey the criminal law and, broadly speaking, must obey service law on top of that. This part of the Bill is unique in that service personnel are excepted from a piece of the law which applies to civilians, and that is the Railways and Transport Safety Act 2003. Certain sections of that Act specifically except the military. The Explanatory Notes at paragraphs 36 and 37 highlight the fact that there is an exception. My first question is: why was this exception necessary? The Act itself is beautifully straightforward. I will not go into the railway area because it forms so small a part of military activity that it is not worth mentioning. How it relates to shipping is also extremely straightforward. Basically, the Act applies to,

“(a) a professional master of a ship,

(b) a professional pilot of a ship, and

(c) a professional seaman in a ship while on duty”.

The aviation part of the Act states that an offence is committed if,

“(a) he performs an aviation function at a time when his ability to perform that function is impaired because of drink or drugs”.

An aviation function is defined simply as,

“acting as a pilot of an aircraft during flight”.

Various other categories are mentioned, including members of cabin crew and air traffic controllers. It is difficult to understand why it was necessary to except the Armed Forces from this Act. I would have thought that, as a generality, one would not want the pilot of an aircraft, whether it be a military or civil craft, to have his performance impaired by alcohol. My basic proposal is to delete these two exceptions and to ask why they were necessary in the first place.

It seems that the Ministry of Defence has had second thoughts and sees the necessity of bringing a similar law into effect, which will be the effect of the various clauses set out in the Bill that relate to alcohol. However, a rather difficult idea is introduced. Instead of prescribing the roles and acts along the lines of the civilian law, the Bill states that a duty may only be prescribed if its performance while the ability to do so is impaired through alcohol and carries the risk of,

“(a) death;

“(b) serious injury to any person;

“(c) serious damage to property; or

“(d) serious environmental harm”.

The beauty of the Act is that it is extremely clear about what activities it applies to. The service law should be equally clear.

The issue of drink and safety-critical activities is close to my heart. I had an early career in aviation and then one in the railway industry. When I joined the railway industry, there were serious problems with drink and safety-critical activities. It is now a leader in the country in having a very strong campaign that has driven drink out of the industry in safety-critical areas. To do that, it uses not only the 2003 Act but also random testing. My second concern that I put to the Minister is this. In seeking to bridge the gap—obviously the department has felt it necessary to move into testing—why do the Government not produce a simpler piece of law by essentially adopting the Act and removing the exceptional clauses? Secondly, why do they not write into the Act—if they feel the need to do this by an Act—the capability of random testing, which has proved so effective in the railway industry and has contributed so significantly to the improvement in safety? I beg to move.

[Lord De Mauley]

My Lords, on behalf of the Bill team, I thank the noble Lord, Lord Tunnicliffe, for his very generous words at the start of his speech. In putting forward Amendment 23, the noble Lords, Lord Tunnicliffe and Lord Rosser, bring personal experience of the operation of the Railways and Transport Safety Act 2003 in the civilian environment, which is helpful to the Committee in considering the provisions for the Armed Forces set out in the Bill.

First, I will say something about our general approach when looking at whether to apply to the Armed Forces legislation that is aimed primarily at civilians and civilian institutions. In some areas of law, we follow closely—and in some cases apply directly—the general law that applies to civilians. As the noble Lord, Lord Tunnicliffe, said, this is most notable in the application of the criminal law and many aspects of criminal procedure and evidence. However, noble Lords will accept that the circumstances of Armed Forces life, and the need to ensure the highest standards of operational effectiveness, mean that we have to look very carefully at whether we need different provisions and solutions for the Armed Forces.

The Railways and Transport Safety Act applied the sensible principle of giving powers to test on the basis of a reasonable ground to suspect that someone carrying out navigational and other transport-related activities has taken drugs or alcohol. The Bill adopts this basic approach. However, in deciding what to put in place, we have also considered two special aspects of service life and defence needs. First, members of the Regular Forces, and members of the reserves when they are with the Armed Forces, are on duty or on call for duty 24 hours a day. Secondly, the range of their safety-critical duties is extremely wide. On operations and in training, members of the Armed Forces are constantly dealing with danger and with dangerous equipment and activity.

The approach we decided on includes a number of special aspects in response to these factors. It allows a commanding officer, with reasonable cause, to consider the testing of anyone under his command to establish whether they are unfit through drink or drugs to carry out any duty which they may be expected to carry out and which the commanding officer considers is safety-critical. In addition, it allows specific limits to be set by regulations for any safety-critical duty. This will allow us to develop a comprehensive regime for drugs and alcohol safety over the whole range of military functions.

There is another important difference from the civilian provisions. As I have mentioned, members of the Armed Forces are always subject to be called on to carry out duties. Many of them are living permanently on base and there is no easy way of saying whether, at any one moment, they are on duty or off duty. Moreover, the likelihood of their being called on to carry out dangerous tasks varies greatly in practice between locations—between Afghanistan and places of rest and recreation. We considered carefully how to avoid a necessarily wide power to test from becoming oppressive.

To deal with this, we have provided that it is the commanding officer who will decide, for example, when and whether those under his command are likely to be called on to carry out dangerous tasks. This will allow the chain of command to apply reasonably flexible policies on testing between different theatres and locations. By taking this approach we have tailored the scope and application of drug and alcohol testing to fit service life and needs. I hope that the noble Lord will feel able to withdraw his amendment.

[Lord Tunnicliffe]

My Lords, I note what the Minister has said and will read his words with care. I am less than convinced by the argument about always being on duty. The words that have been put forward are about specific tasks and it is entirely possible to bring this more in line with the 2003 Act. However, for the moment, I beg leave to withdraw the amendment.

Amendment 23 withdrawn.