(9 years ago)
Commons ChamberPerhaps I can help the Minister with a question that does not involve waiting until half-past 3. A lot of our focus is currently on the middle east and north Africa. Does he agree, however, that with two Russian Tupolev bombers off our coast recently, as well as a Russian submarine, it would be naive for us to take our eye off the strategic risk to the UK from the High North and Arctic region?
May I gently implore Members to proceed a little more quickly? We have a lot to get through, and questions and answers have been lengthy.
(9 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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I was delighted to be able to entertain my long-standing friend for lunch at the Honourable Artillery Company—the oldest serving regiment in the British Army.
In my brief military career, I had three cap badges. Whatever colour beret I wore, I was always proud to serve. However, there are those present who are far more qualified than me to talk about military matters, because of their Regular Army experience or their experience in the Government, and I look forward to hearing their contributions.
It is important to remember that the Territorial Army, as it was called—the reserve, as it is now—is not a Dad’s Army. Now, there is nothing wrong with a Dad’s Army, and we have all enjoyed the television series. Of course, many reservists are in their 50s, and they provide valuable service to the Crown. However, there are also lots of very young men and women in our reserves, and we should remember that the make-up of our reserve forces is very different from that portrayed in the television programme.
Is not one of the areas where reservists can particularly excel, no matter what their age, the specialist services dealing with cyber-defence? Given that the Chancellor announced yesterday that £2 billion will be going to extend our cyber-capability, should we not be looking to recruit into the reserves from our IT and technology companies?
I welcome that helpful contribution. The hon. Lady is known throughout the House for her experience in military affairs. She is in charge of the all-party group on reserve forces and cadets, and she is a distinguished serving member of the armed forces parliamentary scheme. In other words, she is a lady who knows what she is talking about, and she gives the Chamber very wise counsel. There are many very good things about Her Majesty’s armed forces, but one of the bad things is that they can be too rigid in applying themselves to future challenges. The threat of cyber-warfare is a big unknown, and we have to be flexible and adaptable, and to think outside the box in meeting that challenge. The hon. Lady is absolutely right: we need to get people on board who understand cyber and IT. If we have to change our recruitment and retention processes to make sure that such people are contributing to Britain’s defence, we should do that, and we should do it quickly. The announcement of the extra expenditure suggests that the door of Her Majesty’s Government is open to such thinking. I very much hope the Minister will pass the hon. Lady’s wise words on to the Treasury, No. 10 and all the others who make these big, important decisions.
It would not be a proper debate on Her Majesty’s reserve forces without a contribution from my hon. Friend, and I am glad that he has highlighted his concern, which I know many other hon. Members share, about the gap between the growth in size of the reserve forces and the decline in the number of regular personnel. I started my speech by quoting the fact that the Government wanted the Army to be 82,000-strong by 2020. My understanding is that it has fewer personnel than that now, so there appears to be a gap. That is why we must get the reservist part of the plan right. I am not sure that we are there yet, as the external scrutiny report said.
On the matter of retention, the report explains:
“The Reserves’ age profile is currently too heavily skewed towards older reservists who are closer to the end, rather than the start, of their service and therefore outflow will be relatively high for the next few years as they leave due to natural factors. Consequently equal attention needs to be paid to retention during earlier stages of the Reserve service spectrum. In the main retention should be significantly enhanced by the provision of challenging individual and collective training, at every phase of service. Such provision cannot rely solely on opportunities structured around the Regular ecosystem; bespoke, Reservist-friendly development and training needs also to be available.”
As an example, many reservists who want to improve their reservist career are sent on regulars’ courses during the week, but many cannot do that sort of training during the week. We need more flexibility about providing it at the weekend. Also, there is a lot of interest in weekend sport among regulars, but reservists who give up their weekends do not want to play sport; they want to fire weapons. However, a lot of the weapons training is not available at weekends. We need to think more flexibly and adaptably about what reservists want to do. A reservist who feels bored and fed up, and that they are not being challenged enough, will leave. Then all the effort that has been put into recruitment is wasted.
A further £2 billion for the special forces was announced yesterday by the Prime Minister. We have had tragic incidents in Brecon, where reservists were seeking to join the special forces. I would not want people to be put off joining the special forces because of those incidents. Does the hon. Gentleman agree we need to be very clear that reservists are welcome in our special forces, though we have to accept that the training is arduous and the commitment heavy?
Having completed that course myself, I know that it is a very challenging experience. The deaths of the applicants were tragic. The publicity around the horrendous circumstances of that incident will, funnily enough, encourage others to come forward, in a perverse way, because they will have seen how difficult it is to get into the special forces. My understanding is that the exercise in question was not actually run by the special forces, and I would imagine there is quite a lot of concern among the special forces that the tragedy has been branded as their responsibility. My clear understanding is that it was not run by the special forces. Part of the challenge and the attractiveness of the special forces to potential recruits is the very difficult nature of the task presented to them, and we must not dilute that in any way.
One thing I am sure we can all agree on is that pro rata, we have the best armed forces in the world and the best special forces in the world. We have centuries of experience in developing our military capability; we know what makes people tick and we know how hard we can push people. Sometimes, tragically, it goes wrong, but those are a minority of occasions. The bulk of the training that both regular forces and special forces receive is some of the very best in the world, and we should be very proud of that.
Like the hon. Lady, I welcome the announcement of extra spending on special forces, as well as extra spending on cyber-warfare. In providing the capability for both, the reserve has a golden opportunity to contribute. We will not tackle these issues just through regular personnel; we have to attract reservists with specialist skills.
(9 years, 1 month ago)
Commons ChamberAbsolutely; the UK undertakes all possible measures to protect civilians and ensures that UK targeting policy and rules of engagement provide clear direction for commanders. I will leave it to my hon. Friend to consider whether Russia follows similar practices, given the reports from Syrian search and rescue volunteer teams stating that 707 civilians have been injured and 274 killed by Russian strikes and regime bombing since 30 September.
The Defence Committee’s report in March last year on the use of remotely piloted aircraft systems stressed that we follow international humanitarian law and the international law of armed conflict. However, we did not use our RPAS to conduct strikes in Pakistan against those who implied threats to our armed forces. What has changed in the rules of engagement that we now feel that we can use our RPAS in Syria to target British nationals?
As the Prime Minister has clearly stated—he came to the House at the earliest occasion after that event—we reserve the right to use force if it is necessary to protect the UK from a clear and imminent threat. In that very clear statement, the Prime Minister said that if British lives are in danger and we can act to prevent that, then we will.
(9 years, 1 month ago)
Commons ChamberI beg to move, That the Bill be now read a Second time.
The introduction of an Armed Forces Bill is always a significant occasion for defence. It matters in particular for three reasons. The first reason is its constitutional significance. We are renewing the legislation necessary for the armed forces to exist as disciplined forces. That legislation is currently the Armed Forces Act 2006, which provides the system of command, discipline and justice for the armed forces. It covers matters such as the powers of commanding officers to punish disciplinary or criminal misconduct, the powers of courts martial and the powers of the service police. The 2006 Act confers powers and sets out procedures to enforce the duty of members of the armed forces to obey lawful commands.
Since the Bill of Rights in 1688, the legislation making the provision necessary for the Army to exist as a disciplined force—and, more recently, the legislation for the Royal Navy and the Royal Air Force—has required regular renewal by Act of Parliament. Without this Bill, the Armed Forces Act 2006 could not continue in force beyond the end of 2016. That reminds us that ultimate control over the system under which the armed forces are maintained resides not with the Executive, but with Parliament.
Secondly, this occasion is sufficiently rare in the lifetime of a Parliament to prompt us to reflect on the progress made since the last such Act, the Armed Forces Act 2011. The centrepiece of the last Act, the requirement to report on the armed forces covenant, remains more relevant than ever. The covenant has already made a huge difference to the lives of serving and ex-service personnel. In the past few years, we have seen not only the Government, but all 407 local authorities and more than 700 businesses, large and small, come together to make sure that our personnel get a fairer deal as a result of their service to our country.
We have perhaps been somewhat neglectful of armed forces personnel when they cease to be serving and become veterans. Does the Secretary of State agree that we must place a greater priority on ensuring that veterans have ongoing help and support because of the difficulties that many of them may still face as a result of their service in Iraq and Afghanistan?
I certainly do agree with that. This work is ongoing and is not yet done. We will continue to try to make progress. As the hon. Lady knows, we have implemented a number of reviews, not least Lord Ashcroft’s review of the mental health services that are available to veterans.
I assure the House that our commitment to the covenant remains unshakeable. Today, we are launching a credit union for armed forces personnel. By paying a regular amount of their salary directly into the credit union, they will be able to avoid the struggle for credit approval and the siren call of the payday lenders.
Thirdly and finally, the Bill gives us the opportunity to ensure that the 2006 Act remains fit for purpose for the next five years. The first clause keeps the 2006 Act in force beyond the end of 2016; provides for the continuation of the 2006 Act for a year from the date on which this Bill receives Royal Assent; and provides for renewal thereafter by Order in Council, for up to a year at a time, until the end of 2021. That will give Parliament a regular opportunity to debate the systems of the armed forces for command, discipline and justice.
Clauses 2 to 6 modernise and strengthen the service justice system by making sensible and proportionate changes to the existing provisions. I will take each of those clauses, very briefly, in turn.
Clause 2, on post-accident testing for alcohol and drugs, deals with the situation whereby a commanding officer may require a member of the armed forces or a civilian who is subject to service discipline to co-operate in a preliminary test for alcohol or drugs only when he or she suspects that an offence has been committed. The clause extends those circumstances by providing for post-accident preliminary testing without the need for suspicion that the person being tested has committed an offence. The new powers to require co-operation with tests will apply only after accidents involving aircraft or ships or other serious accidents. They are derived from, although not identical to, those in the railway and transport safety legislation under which civilians are required to co-operate with tests for alcohol and drugs.
Clauses 3 to 5 simplify the process of investigation and charging of criminal and disciplinary offences under the 2006 Act. The commanding officer rightly deals with 90% of cases in the service justice system, and that will not change. The remaining 10% of cases are those that the commanding officer does not have the power to hear, which involve offences such as perverting the course of justice and sexual assault. Some cases that cannot be dealt with by the commanding officer have to be referred by the investigating service police to the commanding officer and then by the commanding officer to the director of service prosecutions for a decision. That is an unnecessarily complex process.
Clause 3 provides for the service police to refer straight to the director of service prosecutions in any case where there is sufficient evidence to charge for an offence that the commanding officer cannot deal with on his own. That brings the service justice system into line with the civilian system.
Of course, the hon. Gentleman has a lot of knowledge of these matters, and I appreciate that such issues, as the Minister must have found, are very complex and difficult. Given the seriousness of the incidents and the fact that the Government undertook to look at the matter, it is important to have a full discussion about why they have come to the conclusion they have. I have not said that I disagree with the conclusion, but I think the House needs to probe fully why the decision, which she undertook to keep under review, was made. We will seek to probe that further during the Bill’s passage. I say no more than that.
May I say how much I welcome my hon. Friend’s appointment? I totally agree about the need to probe the issue of extending British law to troops based and training here. The people of Cambridgeshire need a full explanation of why that was not possible. Whether it proves possible is moot. The important thing is that they know it is being fully explored. Will she also say something about the importance of opening up the ability of members of the armed forces to come forward when they have experienced rape and sexual assault, as often they are advised by people in the chain of command that it might damage their career to do so?
Order. There is plenty of time to speak. If the hon. Lady wishes to make a speech, I will put her on the list with pleasure.
(9 years, 2 months ago)
Commons ChamberThank you, Madam Deputy Speaker, for allowing the House the opportunity to consider the extraordinary and unhappy events that occurred in the city of Cambridge as a consequence of the decision to train Libyan personnel at Bassingbourn barracks last year. Bassingbourn barracks is located some 10.5 miles to the south-west of Cambridge—the city I now represent—but the background to the events in question takes us back some years to events in Libya and announcements by the Prime Minister in 2013.
The decision to train up to 2,000 Libyan armed forces personnel at Bassingbourn was announced in a statement by the then Secretary of State for Defence on 11 June 2014. It indicated that in the first tranche, some 325 Libyan recruits were starting training and that the programme would continue for 24 weeks. He assured the House:
“These recruits have been carefully vetted by the Libyan Government and Home Office officials”.
—[Official Report, 11 June 2014; Vol. 582, c. 51WS.]
Cambridge is normally a safe city—as everywhere else, there are some incidents—but in late October 2014, the local newspaper started reporting a series of assaults that were highly unusual. The Cambridge News reported a Cambridgeshire police spokesman saying:
“We are investigating allegations of a serious sexual assault on Christ’s Pieces which is believed to have occurred between 2am and 5am this morning.”
The report continued:
“The force is hunting a group of three men, described as being of Middle Eastern appearance with dark black hair, in relation to the attack on the man in his 20s yesterday. Two men, both in their early 20s, are also being sought for the sexual attack on a woman on Mill Road. Cambridge residents are being warned to be vigilant and take safety precautions as well as sticking to groups at night.”
We now know that assaults took place on the weekend of 17 October, and more serious assaults occurred on 25 and 26 October.
What was going on? The police do not normally advise Cambridge residents on
“sticking to groups at night.”
What was going on was that these recruits, described by the Secretary of State as “carefully vetted”, were out of control on the streets of Cambridge. The local councillor for Bassingbourn tells me that he was assured, in respect of the recruits, that
“you will never see them and no-one will notice that they are there”,
and that the training was so intensive that they would not be let out of the barracks. That was clearly not the case —so out of control were they that, as we learned later when the cases were tried in May this year, two Libyan cadets were jailed for 12 years each for raping a man in Cambridge in a prolonged attack in Christ’s Pieces.
I thank my hon. Friend for giving way. We urgently needed to examine what happened in Cambridge and the trauma experienced by many families in the city. Does he agree that the Ministry of Defence should have been much more alert to the risk, given that sexual assaults, personnel breaking out of camps, the setting up of roadblocks and harassment of local communities had all happened where training had been offered to Libyans in Turkey, Libya and Jordan, and that the security vetting of these people was impossible?
I thank my hon. Friend for that intervention. I was not aware that that experience should have been brought to bear; that will add to some of the points that I am about to detail. The point I am making is about just how serious the offences were. We found out more after the rape trial verdicts were returned, because it was revealed that three other Libyans cadets had already pleaded guilty to unrelated sex attacks which had taken place in Cambridge on the same night. They had been sentenced at Norwich Crown court on 13 May, but reporting restrictions had been in place until the rape case was concluded. What was happening was very serious, and today I want to find out how that was allowed to happen, why it has taken so long to get answers, and why the people of Cambridge, and, in particular, the victims of the assaults, have not had an apology from those who gave quite clear assurances in the first place that risks would be minimal.
Let me first pay tribute to those who have been seeking answers, particularly Councillor Lewis Herbert, the leader of Cambridge City Council. The horrible, avoidable attacks took place in his city, but the council had been given not a single piece of information at any stage by the Ministry of Defence or the Army about Libyan troop visits to Cambridge. He has doggedly refused to accept the frankly evasive and frequently obstructive responses from the MOD. I also pay tribute to his fellow councillors, from a range of authorities across Cambridgeshire, and council officers who have pressed for answers for months and months. They are, however, still being denied the full facts, so much so that Councillor Herbert’s most recent letter to the Secretary of State, in late May this year, concludes:
“An acknowledgement of regret and an apology to the victims is, in our view, still outstanding from the Ministry of Defence”.
I hope that that, at least, will be forthcoming from the Minister today. I would also like to thank my hon. Friend the Member for Bridgend (Mrs Moon), the shadow Minister, for her tireless pursuit of the truth on these matters through questions and interventions. I am sure she, too, would like the full story to be revealed.
I shall move to the substance of what I hope the Minister will be able to tell us, but I will start by reminding the House of some of the key statements already made. On 4 November, soon after the weekends I have described, the Secretary of State made a brief statement saying only that the training programme was being curtailed and that the recruits will
“be returning to Libya in the coming days.”—[Official Report, 4 November 2014; Vol. 587, c. 44WS.]
There was no explanation and certainly no reassurance to the people of Cambridge. The following day the Prime Minister announced that he had requested a report into what had happened. It took until 9 January of this year for a further statement telling us that a copy of the report’s conclusions and recommendations only had been placed in the House of Commons Library. We still have not seen the full report; nor have we had the opportunity to see whether it really faces up to the issues or not.
Those producing the report had met local councillors and council officers, who presented a series of detailed questions and interrogated the terms of reference of the review that they had been given. Cambridge City Council also told the review team that it believed only an independent inquiry would restore public confidence. Later, in December, in response to Freedom of Information requests from the BBC, the original risk assessment was released, and it was confirmed that complaints about Libyan trainees leaving the camp and seeking out alcohol in pubs in local villages were reported as early as 8 August. Indeed, local Councillor Nigel Cathcart tells me:
“There were a number of incidents where Libyan trainees were observed, unsupervised, in the village of Bassingbourn. They were not causing any particular harm but residents were concerned to see them as it was understood that they should have been confined to the Barracks. As far as I am aware these incidents were reported at the time so the MOD should have been aware of what was happening. It was only later (probably 2 or 3 weeks) that the far more serious incidents took place in Cambridge. Had the MOD acted promptly on the original information and suspended the unsupervised incursions immediately then the Cambridge incidents could have been prevented. This was, therefore, a preventable event if the MOD had acted promptly with the information available to them.”
The councillor’s views are backed up by the risk assessment. The July 2013 assessment states that, subject to any subsequent review, the trainees were not to leave the camp off-duty unless—this is critical—they were in organised supervised groups. It states that
“the risk of bad behaviour of trainees outside Bassingbourn Camp is mitigated by the provisions of their visas, the supervisory measures in place for limited excursions and the security arrangements between the MOD, Police and Home Office.”
A second risk assessment reports that the initial plan to train 360 trainees for 14 weeks had been extended to 24 weeks, with tranches of 360 to 500. It is stated that by lengthening the course,
“to better meet Libyan intent and be more coherent with US plans”,
it would be necessary to allow supervised excursions, as rewards. These would require
“the appropriate measures in place to mitigate immigration and security risks”.
Detailed measures to reduce risks would include
“small, controlled batches of trainees”,
pre-advising of local police, and
“a robust communications plan in place for local communities and the media”.
There is also a detailed risk assessment for organised recreational visits. It says that
“under no circumstances will trainees be allowed to leave the group on an outward visit, and alcohol will be banned.”
Of course, as the local councillor has explained, none of that bears any resemblance to what actually happened.
We are grateful for the knowledge, as a consequence of some of the questions that have been tabled, that that series of visits took place. My point is that, even if those visits—extraordinary as some of them might seem—were supervised, the key question is what happened in the case of the unsupervised visits.
What actually happened was described by councillors, including the one whom I quoted earlier, when they met representatives of the MOD and the Army in February. In the minutes of that meeting, we had, for the first time, an apology from the Army, but none from the Ministry of Defence; and we finally had a recognition from the Army that the consultation with key local stakeholders had been inadequate. However, as the Army representatives admitted, we also learned that there had been a significant change in what is known as the “walk-out” policy in August 2014. Councillors were told that the decision to allow trainees to leave the camp unsupervised had been made by Ministers. I ask the Minister to confirm that that was the case, and to tell me why the safety of Cambridge residents was put at risk at that point.
I have to say that I find the account of what was happening in late October after the first spate of incidents quite alarming. Councillors were told that following the incidents of October 17, measures taken to
“add additional deterrent to leaving the camp included the addition of a platoon of Gurkha, two companies from the UK standby Battalion and Military Working Dogs.”
The following weekend, however, Cambridge suffered the most serious assaults of all. I also find it concerning that, in a written parliamentary answer on January 15 to the hon. Member for Bridgend, the then defence Minister said that the trainees
“were…escorted to shops in the local area, and Cambridge City Centre.”
In the light of what we now know, that hardly does justice to what was actually happening.
Of course, there was also a significant financial cost. We have learned from parliamentary answers that the costs of the training programme and reactivating the facilities were some £17 million, of which only £2.48 million has so far been recouped from the Libyan Government.
Let me end with a series of very clear questions to the Minister. Will the full report be made available? Who exactly authorised the end to the supervised walk-out policy in August 2014? Why was so little revealed about what actually happened, for so long, and why has it had to be dragged out by freedom of information requests and parliamentary questions? Will the Minister hold a genuinely independent inquiry, as requested by the local councils? What will be the financial cost of this entire exercise to the taxpayer? Finally, will there now be a full and unequivocal apology to the people of Cambridge and Cambridgeshire who were put at such risk, particularly the residents who, it may be argued, were as much victims of Ministry of Defence negligence as the Libyan trainees?
I hear what the Minister says, and she has been very open and honest in her response, but we are still left with the MOD’s own risk assessment before the personnel came to the UK. It says:
“There were reports of widespread sexual and gender-based violence during the conflict and there is some evidence that serious human rights abuses involving sexual violence took place. A UN mission in 2012 found incidents of rape perpetrated against both women and men. This is likely to represent significant under-reporting, due to the sensitivity of sexual violence and reticence to discuss these issues outside the family.”
We knew that there was a problem, and yet still those personnel were brought to this country. The UK personnel who were asked to provide the discipline were not given the tools to do so.
I thank the hon. Lady for her point, because it gets to one of the issues that the hon. Gentleman raised. Clearly, there were risks associated with the cultural norms in Libyan society. Obviously, they were clearly identified in the risk assessment. Having read the report in preparation for this debate, I can say that there were things put in place to mitigate them, so a cultural education took place as part of the preparation for that course. Those providing the training took that extremely seriously.
I have already touched on the consultations that took place when policy was being changed to cope with what was a pretty unique set of circumstances, as these trainees were watching what was happening in their own country. A clear process was gone through. Clearly, there were issues around communication, and we regret what has happened. I just wish to state that there was no lax attitude in trying to mitigate the risks that any training course carries. Furthermore, decisions that were taken on changes of policy were clearly designed to improve the situation and not worsen it. We need to look at the conclusions of the report, which I have already done. Clearly, this has been an appalling episode that we never want to happen again. I know of the interest that the hon. Lady takes with regard to incidents of violence and sexual violence. She can be reassured by the cultural training that took place before the course started.
Finally, let me talk about redress. The hon. Gentleman very kindly spoke to one of my colleagues about some of the issues that he has raised, and he has also touched on the cost to the MOD, which clearly we would like to recoup for the British taxpayer and our own budget. In that conversation, although not on the Floor of the House, he alluded to losses that his local authority has incurred. Clearly that should not be allowed to stand, and if he has concerns about that I encourage him—if he has not done so already—to write to me or to my colleagues in the Department for Communities and Local Government, and we stand ready to provide him with advice. We are seeking financial redress, and perhaps others who are out of pocket should also do that. If he has such concerns, I will do all I can to assist him and his local authority, and I thank him again for allowing me to get that point on the record.
Question put and agreed to.
(9 years, 4 months ago)
Commons ChamberYes it is. That is why my right hon. Friend the Prime Minister agreed with Prime Minister Abadi at their most recent meeting that we would step up our effort, particularly in the niche training that we are offering in measures to counter IEDs. We are also working in the Ministries to help to advise the Iraqi Government and Iraqi army security effort, and we stand ready to consider further requests for help.
In the last Parliament, the Defence Committee undertook an inquiry into strategic defence planning, and we found it woefully inadequate. The former Chair of the Joint Intelligence Committee told us that the Prime Minister’s idea of strategy was “What’s next?” What is next seems to be a plan that is coming forward in September for us to take action in Syria. Will the Secretary of State undertake to bring a fully worked out strategy that includes what nations and organisations will hold any ground cleared by our planes, rather than policy on the hoof, which is what we have on a day-by-day basis at the moment?
I do not accept that. I described the strategy to defeat ISIL, including the campaign to cut off its finances and efforts to stop the flow of foreign fighters, in which we are playing our part. The battle to deal with ISIL’s ideology is being led by our Government and the working group on strategic communications, and there is a military campaign in which many countries are involved. As far as ground force operations in Iraq are concerned, I have made it clear that the Prime Minister of Iraq does not want foreign troops involved. He does not want British or American forces on the ground, and in the end this battle must be won by the Iraqi forces with our help.
(9 years, 4 months ago)
Commons ChamberI am delighted that, in addition to the existing combined cadet force units in Kidderminster and Stourbridge, four more schools in Worcestershire will give their pupils the chance to join a CCF unit as a direct result of the cadet expansion programme: the Tudor Grange academies in Redditch and Worcester have established new units; and North Bromsgrove and South Bromsgrove high schools have forged partnerships with the CCF unit at Bromsgrove school. This is a real success story and I am delighted that many more young people will reap the benefits of belonging to a cadet unit.
Community-based cadet forces heard with great envy about the £50 million of additional funds for school-based cadet units, but what will be the impact of that funding on community-based units? There is great concern that students will be seduced into staying in school, rather than attending community-based units. Some instructors in community-based units are extremely anxious that they will be wound down and lose their important role within their communities.
(9 years, 8 months ago)
Commons ChamberMy hon. Friend raised that central question during the Defence Committee’s pre-appointment hearing. We were very pleased that the Committee had an opportunity to meet Nicola Williams and to conduct a pre-appointment hearing with her. We focused very heavily on whether, without military experience, she would feel comfortable in the role. We were very impressed by Nicola Williams. Her arguments and explanations were extremely convincing, she displayed real independence in her role in the Cayman Islands, and she seemed to have the right balance of independence and respect for the institution. We were very happy, as a Committee, to approve her appointment.
To conclude, this matter is very important to the Defence Committee. We are not conventionally a Committee that looks at legislation. The nature of our work is not usually to scrutinise individual Bills, because a great deal of the work of the Ministry of Defence is not connected with legislation. However, we feel that it is very important in the setting up of the ombudsman that Parliament, and the Defence Committee in particular, is carefully involved.
We accept that it is a step in the right direction that the post of ombudsman has gone from thee days a week to a full-time job, and from having five employees to having more than 20. We accept that it is a good move that the Defence Committee has the power to hold an appointment hearing on the ombudsman. We also think it is good that the Government have accepted amendments from the Defence Committee. Aside from the inherent merits of those amendments, it is simply good procedure that in setting up an ombudsman, the Executive listen to the legislative branch and give Parliament and the Defence Committee the chance to influence the procedure. The ombudsman will have trust only if they bring not just the Ministry of Defence but Parliament, the public and institutions such as the Defence Committee with them. On those grounds, I move the amendment, but will not press it to a vote.
I shall speak briefly to the amendments tabled by the Defence Committee and to amendment 23, which I tabled.
The armed forces, as I frequently tell my constituents, are a closed institution with their own language, dress code and standards. Most personnel live a closed life that is mostly unobserved by society, but which represents the highest values of our society. The armed forces also have their own internal disciplinary system and legal system—AGAI 67. Abuses of the system can remain hidden and have done, as seen in the double jeopardy cases I have discussed in the House and in the Public Bill Committee. Those cases were revealed only because of whistleblowers.
One of the most important things we must accept about the armed forces is that innate to them is a huge desire for justice. Armed forces personnel have a huge recognition of the importance of justice and the importance of people being dealt with fairly. However, papers frequently come through my office that demonstrate that the service complaints system to date has not necessarily been working fairly.
I welcome the changes that the Minister of State, Ministry of Defence, the hon. Member for Broxtowe (Anna Soubry), accepted in Committee. I also welcomed her intervention on Second Reading when she revealed that the issue of double jeopardy would be addressed. I hope we shall have regular updates on the efforts to access the 587 ex-employees, 194 of whom had their service terminated and five of whom had their rank reduced.
Armed forces personnel have limited access to employment tribunals. It is therefore critical that the internal system operates well and gives a sense of confidence to armed forces personnel. We know that the delays are growing. As the number of armed forces personnel decreases, the pressure on personnel increases. The number of people who investigate and adjudicate in the matter of service complaints is also decreasing. As I have said, the creation of the service complaints ombudsman and the changes that were introduced in Committee are the last chance for the armed forces to maintain the current closed system.
In Committee, the delays for serving soldiers and those employed by the Ministry of Defence in getting their complaints heard concerned me greatly. There are also people who have lost their jobs or who have been suspended—one of my constituents has been suspended for four years on full pay. Will the proposed changes restore much-needed confidence in the process?
In many respects that is the critical issue, and I hope the Defence Committee will take an active role in monitoring and adjudicating on whether we need to come back to the Bill and decide whether further changes are necessary. Papers that I received this morning tell me that 74% of the Army’s open service complaints exceed the 24-week deadline—six months—and only 51% of new service complaints in the RAF were resolved in 24 weeks during 2014. In January 2015, the Army had 724 service complaints outstanding from 2013 and previous years. The Navy had 144, and the RAF 165. Those figures are deeply worrying—we are about to introduce a new, complex system with opportunities for the ombudsman to be much more proactive in intervening in service complaints, yet we already have a huge backlog of complaints. I would like the Minister to address whether those outstanding complaints will be subject to the new rules introduced by the Bill, and whether they will be assessed under rules of maladministration. That will be one of the critical deciders as to whether there is confidence for those who have been held in the system and experienced horrendous delays.
Parliament sets the standards that it expects our armed forces to operate to, and it must have confidence that the internal military system works. As I said, Parliament has the opportunity in 2015 to review further the operation of the service complaints system, and to remove control of the system from the chain of command unless we see the changes that we want and our armed forces deserve. Internal papers that come our way suggest that, increasingly, reserves will be used to help to deal with complaints. Will the Minister say how often reserves will be used to sit on panels and change the way that complaints are dealt with?
There are positives to using reserves, because they come with a wider perspective of life outside the armed forces and know how some of the bullying and harassment, and some of the horrendous cases that have come to public attention, would be dealt with in a wider employment setting. That could be a constructive move forward, but it is important at least to be clear about what is happening, whether reserves are being used in that way, and what skills they are bringing to the complaints system and its operation.
There are a number of complaints within the current system such as poor quality entry of complaints into the joint personnel administration system, which is where complaints are held. Indeed, in December 2014 the service complaints wing identified more than 70 service complaints that had not been notified through the unit as a service complaint, and had not been entered on to the system. We therefore do not even know whether we are still getting accurate figures for service complaints. On delay, as I have said, the numbers are growing. It is important that people feel confidence in the system, and that the system is seen as robust and working.
I think the hon. Gentleman misunderstands me. We could have played politics, but I absolutely was not going to do that. My officials would not dream of such a thing, of course, but we could have done that because the amendments were not clear. I took the firm view that it was clear what the Committee wanted and that we should do everything we could to put it into effect. There was a good argument for waiting until the next armed forces Bill, but I took the view that that would not be right. It was clear what the Defence Committee wanted and what the Public Bill Committee wanted. That is why the Government have tabled the amendments. We know that that is, in effect, the will of the legislature. I am pleased to see my hon. Friend the Member for Penrith and The Border (Rory Stewart) nodding.
The amendments will give us a Bill and a process that will help our people understand when they can approach the ombudsman, on what matters and at what stage of the process, and they will give the ombudsman the teeth needed to hold the services and the MOD to account. I therefore commend amendments 1 to 21 to the House.
Amendment 22, which is in my name, seeks to define “undue delay”. I pay respect to the Minister, who has taken time to meet everyone involved with the Bill. We had considerable discussion on the issue of undue delay and how it could be defined, and we agreed that, although I would not press the amendment today, it was important that there was a dialogue about delay.
There are two things that one can say for certain about the current complaints system: delay is an endemic problem within the system, and everyone is aware of it. It came to the attention of the Committee many times that only 25% of cases are resolved within a 24-week target, and only 26% of complaints made in 2013 were closed during that year. The internal risk register looking at the implementation of the service ombudsman Bill within the MOD stated that there was a high risk that the system would lose further internal credibility if there was continuing media exposure of how powerless the ombudsman is. Rather than media exposure taking place, it is important that the system operates well so that there can be internal confidence.
There is a high risk that the system will continue to fail and that current delays will continue. There is a high risk that service personnel will be let down, damaging their mental health and leading to suicide attempts. None of us wants to see any of that, which is why the Defence Committee has worked as closely as possibly with the Minister to ensure that we move forward in a constructive and productive manner.
In January 2013, 325 complaints had a red flag. By December 2013 that figure had swelled by over 50% to 500. We have seen repeatedly how delay has been used to wear down complainants so that they go away. It is also used as a punishment for complaints being made in the first place.
Members have raised concerns about this being an attack on the chain of command. Let me say that, since the Bill Committee, I have taken time—I have spoken to the Minister about this—to talk to people in the chain of command and to ask them how they feel about the changes introduced by the Defence Committee. Every person I have spoken to has welcomed the changes and not felt threatened by them. They all felt that the changes were right and that they would focus people’s minds and attentions on complaints so that they are not put in a cupboard and regarded as an annoyance, but are seen as one of the parts of the job to be dealt with first, so that the unit operates efficiently and effectively. The bad pennies that exist would be dealt with quickly and a clear message would be sent that bullying and harassment, in particular, would not be tolerated anywhere in the chain of command.
Delay is caused in part by the labyrinthine system that was initially set up by the Ministry to process complaints. In his evidence to the Defence Committee, retired Lieutenant Colonel Jeremy Field railed against the masses of paperwork involved. The abuse of process by those in the chain of command either to propel a dubious complaint or to hold up a legitimate but inconvenient one is also a worrisome cause of delay. Such abuses can have a devastating impact on individual complainants and on their mental health and well-being. When such cases come into the public domain, the system and confidence in it are undermined.
I raised the case of Tom Neathway on Second Reading and in Committee. Another concerning case that I would like to mention briefly is that of Sergeant Major Michael Booley, who was Prince Harry’s flying instructor. He accused the Army of gross mistreatment after a four-year dispute that ended his distinguished career. When reading about the case, it is very worrying to see that the service complaints panel found that Major Graham, who Sergeant Major Booley claimed had been acting deliberately and maliciously against him, was an unreliable witness and that his conduct not only wronged the complainant, but acted against the interests of his employers in the Army. I think that that is the big issue. Where there is bullying and harassment, it is against the interests of the Army, the RAF or the Navy. We must always keep that central to our thinking and our focus when looking at complaints. That is why the changes set out today are so important.
I think that it is important to have some sort of definition of undue delay, but I accept that it might not necessarily need to be in the Bill, or even in regulations. It can be something that the ombudsman sets out herself when setting out the definitions that will guide her judgments. I therefore hope that the Minister will consider and discuss with the ombudsman how we can move that forward.
I give the Minister 10 out of 10 for her brass neck, because these amendments were tabled subsequent to her losing the vote in Committee, and the Government do not want to press them to a vote tonight for fear that she might lose again. The amendments are consequential to the major change that took place in Committee, namely that to the nature of the ombudsman. What the Minister originally proposed was a dry institution that would have dealt only with maladministration, but the ombudsman’s role has now been opened up to cover a wider range of complaints. I have been arguing for that for a long time, and the Defence Committee also argued effectively for it in its report.
I must say that I thought I had been rather gracious in defeat, so it was a little churlish of the hon. Member for North Durham (Mr Jones)—[Interruption.] He shouts louder than I do from a sedentary position. I have to say that it is to the coalition’s credit that all we are doing in the Bill, with the creation of the ombudsman, has been done in just over four years, while the Labour party did not do it in 13 years.
I want to address amendment 22. I know it is an awful expression, but the hon. Member for Bridgend (Mrs Moon) and I are absolutely on the same page. We know that undue delays are the absolute devil of any system. It is not a widespread problem, as my hon. Friend the Member for Beckenham (Bob Stewart), who has moved to a different place, has quite clearly and properly said, but when it happens, it is a real problem. The attitude is, “Oh, let’s prevaricate. Let’s put up some device. They’ll just go away, or they’ll give up in the end.” We must stop such an attitude, so I completely and totally understand what the hon. Lady is seeking to do. In that respect we are absolutely at one, but not on how we achieve it. I obviously accept the good intentions behind amendment 22, but I shall it because it is not the device to achieve what we both want.
The time taken in progressing a complaint can be affected by any number of events, such as illness, deployment, which I have mentioned, and training. Sometimes the complainant shows a lack of interest, even though the complaint is valued and should be pursued. A complainant might decide not to pursue it for a period but then come back to it, or they might not be going to pursue it and then realise that they should do so for reasons that we can imagine, but often because others have given them support. Of course, the need to find relevant information can also delay things.
It is important for all concerned that no strict definition is applied. If one were, it might deter worthy cases from being raised or constrain the ombudsman’s discretion as to what is in scope. I am one who looks for discretion as opposed to fixed, determined dates or targets. It should be for the ombudsman to set out guidance on what individuals might need to consider if they believe that they have suffered undue delay in progressing their complaint.
This is not a matter for legislation. Putting the advice in the ombudsman’s guidance will ensure that there is the necessary flexibility to adapt it to reflect real experiences. With some complaints, undue delay might be six or nine months. We need that flexibility. That is why it is right to leave it to the ombudsman to set out her—or, in time, his—guidance.
To use the horrible expression that the hon. Lady used, we are on the same page. As of 26 January 2015, 1,033 complaints that had been open since 2013 were still unresolved. We are on the same page in that neither of us wants to see that continue. Let us hope that the ombudsman finds a way to deal with such undue delays.
Absolutely. I hope that the hon. Lady is comforted by the fact that we are looking at whether the complaints that are already in the system can be brought into the new system. I imagine that long delay is a matter that we will want to bring to the ombudsman’s attention. Again, it all depends on the nature of the complaint and what the circumstances are. The Second Sea Lord, Sir David Steel, made the point to me that he had seen some cases in the Navy that were huge because they were about complicated allowances and so on and so forth.
However, it struck me that the cases that the hon. Lady referred to were not particularly complicated. Those delays were absolutely unacceptable. It is often the person-to-person complaints or grievances that must be dealt with expeditiously. That is in everybody’s interests, not just the complainant’s. The person against whom the complaint is made also wants determination and justice. Not every complaint is well founded; there are cases in which false allegations are made. It is therefore in the interests of the person against whom the complaint is made that it is dealt with fairly, justly and with all due diligence and expedition.
For all the reasons that I have given, I resist amendment 22 and urge everyone to accept the other amendments.
Amendment 1 agreed to.
Amendments made: 2, page 6, line 29, after “complaint”, insert
“, where the Ombudsman is satisfied that the complaint has been finally determined”.
This amendment makes a drafting change in consequence of amendment 9. It clarifies that the Service Complaints Ombudsman may not investigate a service complaint unless satisfied that the complaint has been finally determined.
Amendment 3, page 6, line 31, leave out from “complaint” to end of line 32 and insert
“(including an allegation of undue delay), where the Ombudsman is satisfied that the complaint has been finally determined;”.
This amendment makes minor drafting changes, including a change in consequence of amendment 9. It clarifies that the Service Complaints Ombudsman may not investigate an allegation of maladministration unless satisfied that the service complaint to which the allegation relates has been finally determined.
Amendment 4, page 6, leave out lines 33 to 37 and insert—
“(c) an allegation of undue delay in the handling of a service complaint which has not been finally determined;
(d) an allegation of undue delay in the handling of a relevant service matter.”
This amendment clarifies when the Service Complaints Ombudsman may investigate an allegation of undue delay in the handling of a service complaint or a relevant service matter (as to which, see amendment 6).
Amendment 5, page 6, line 37, at end insert—
“(1A) The following persons are within this subsection—
(a) in a case relating to a service complaint, the complainant;
(b) in a case relating to a matter in respect of which a service complaint has not been made, the person who raised the matter,
and, in relation to a case mentioned in paragraph (b), references in the remainder of this Part to the complainant and to a service complaint are to be read respectively as references to the person and the matter mentioned in that paragraph.”
This amendment makes provision about who may make an application to the Service Complaints Ombudsman for an investigation under new section 340H(1) of the Armed Forces Act 2006.
Amendment 6, page 6, line 37, at end insert—
“( ) For the purposes of subsection (1)(d)—
(a) “relevant service matter” means a matter of a kind about which a service complaint—
(i) may be made, whether or not at the time of the application to the Ombudsman such a complaint has been made, or
(ii) could have been made (but for provision made by virtue of section 340B(2)(c));
(b) the reference to the handling of a matter is to its handling before the making of a service complaint (if any) about the matter.”
This amendment defines “relevant service matter” for the purposes of paragraph (d) of new section 340H(1) of the Armed Forces Act 2006 (see amendment 4) and makes provision about the reference to the handling of such a matter.
Amendment 7, page 6, line 39, after “writing,”, insert—
“() must specify the kind (or kinds) of investigation which the complainant wishes the Ombudsman to carry out (an investigation under a particular paragraph of subsection (1) being a “kind” of investigation for this purpose),”.
This amendment provides that an application to the Service Complaints Ombudsman must specify which type or types of investigation the applicant wants the Ombudsman to carry out.
Amendment 8, page 6, line 40, leave out “the” and insert “any other”.
This amendment is consequential on amendment 7.
Amendment 9, page 6, line 42, leave out from beginning to “a” in line 44 and insert—
“( ) For the purposes of this section, a service complaint has been finally determined where—
(a) ”.
This amendment converts new section 340H(3) for the Armed Forces Act 2006 into a general proposition about when a service complaint is to be treated for the purposes of new section 340H as having been finally determined.
Amendment 10, page 7, line 5, leave out “that”.
This amendment is consequential on amendment 9.
Amendment 11, page 7, leave out lines 7 to 11 and insert—
“( ) The purpose of an investigation is—
(a) in the case of an investigation under subsection (1)(a), to decide whether the complaint is well-founded and, if so, to consider what redress (if any) would be appropriate;
(b) in the case of an investigation under subsection (1)(b), (c) or (d), to decide—
(i) whether the allegation is well-founded, and
(ii) if so, whether the maladministration or undue delay to which the allegation relates has or could have resulted in injustice being sustained by the complainant.”
This amendment clarifies the purpose of an investigation under each paragraph of new section 340H(1) for the Armed Forces Act 2006.
Amendment 12, page 7, line 11, at end insert—
“(4A) The power to carry out an investigation under subsection (1)(a) or (b) includes power to investigate any maladministration in the handling of the service complaint where it becomes apparent to the Ombudsman during the course of an investigation that any such maladministration may have occurred.”
This amendment provides for the circumstances in which the Service Complaints Ombudsman has power to investigate maladministration in the handling of a service complaint (other than any maladministration that the complainant has specifically alleged).
Amendment 13, page 7, line 12, after “application”, insert
“in respect of a service complaint that has been finally determined”.
This amendment is consequential on the amendments to new section 340H(1) for the Armed Forces Act 2006 (in particular amendments 2 to 4).
Amendment 14, page 7, line 25, leave out “investigated an application relating to” and insert
“carried out an investigation under subsection (1)(a) or (b) in relation to”.
This amendment confines new section 340H(8), which prevents the Service Complaints Ombudsman from investigating subsequent applications relating to a service complaint that the Ombudsman has already investigated, to cases where the Ombudsman has carried out an investigation under new section 340H(1)(a) or (b) in relation to the complaint.
Amendment 15, page 7, line 31, at end insert “;
(b) whether to investigate a service complaint, or an allegation, as a whole or only in particular respects.”
This amendment provides that the Service Complaints Ombudsman may investigate a service complaint, or an allegation, in whole or in part.
Amendment 16, page 7, line 44, after “investigation”, insert “under section 340H(1)(b)”.
This amendment is consequential on amendments to new section 340H(1) of the Armed Forces Act 2006.
Amendment 17, page 8, line 43, at end insert
“, and
(b) any recommendations referred to in subsection (2A).”
This amendment requires the Service Complaints Ombudsman to include, in a report under new section 340L, any recommendations required by subsection (2A) (see amendment 18).
Amendment 18, page 9, leave out lines 1 to 4 and insert—
“(2A) Those recommendations are—
(a) on an investigation under section 340H(1)(a) where the Ombudsman finds that the =-service complaint to which the investigation relates is well-founded, the Ombudsman’s recommendations (if any) on what redress would be appropriate;
(b) on an investigation under section 340H(1)(b), (c) or (d) where the Ombudsman finds that the allegation to which the investigation relates is well-founded, the Ombudsman’s recommendations (if any) as a result of that finding;
(c) where, by virtue of section 340H(4A), the Ombudsman finds maladministration in the handling of a service complaint, the Ombudsman’s recommendations (if any) as a result of that finding.”
This amendment provides for the recommendations which the Service Complaints Ombudsman can make as a result of findings on an investigation under any paragraph of new section 340H(1) or by virtue of new section 340H(6).
Amendment 19, page 9, line 5, leave out “(2)” and insert “(2A)(b) or (c)”.
This amendment is consequential on amendment 18.
Amendment 20, page 9, line 8, after “maladministration”, insert
“or undue delay to which the finding relates”.
This amendment is consequential on amendment 18.
Amendment 21, page 9, line 10, after “maladministration”, insert “or undue delay”. —(Anna Soubry.)
This amendment is consequential on amendment 18.
Third Reading
(9 years, 9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I agree with my predecessor but one as Secretary of State. We are supplying defensive equipment. It might not be lethal, but it does help the Ukrainian armed forces better defend themselves. As I said in my initial statement, in addition to the secondment of 75 trainers we are considering a further request from the Ukrainian Government for additional equipment and support. That is non-lethal, but we reserve the right ultimately to keep it under review.
The Secretary of State said that the 75 trainers would “mostly” be in Ukraine. Where else will they be operating from? If any Ukrainians are coming to the UK for training, can we have an absolute assurance for the citizens of the UK that we will not face another incident such as those in Bassingbourn, where we were training Libyans and members of the Cambridge community were assaulted? Can we have an assurance about how many are coming to the UK and where else they will be trained?
It is slightly unfortunate that the hon. Lady has compared the general purpose force we were attempting to train—a very raw force of recruits from Libya—with the Ukrainian armed forces. She asked me a straightforward and quite reasonable question about where else the training might be. There will be, and has already been, some training in the UK, but there can also be training in countries alongside Ukraine. We are looking at where the training can best be provided, but it is likely that most of it will be provided in Ukraine, in the Kiev area or elsewhere in the west of Ukraine, areas that are very familiar to the British military as we have been on exercise there in the past.
(9 years, 9 months ago)
Commons ChamberThere are currently about 1,200 UK military and civilian personnel in the Falklands Islands. They support a range of air, sea and land capabilities, including Typhoon aircraft, support helicopters, offshore patrol vessels, air defences, and a resident infantry company. My right hon. Friend is an established former member of the Defence Committee—indeed, its former Chair—and the whole House will have heard what he said.
17. How many service personnel were dismissed from the Army, demoted or otherwise penalised as a result of having received a police caution between 2008 and 2011.
Initially, in reply to the hon. Lady’s campaign, I said that the figure was 1,500, but we have made further inquiries because our aim is to contact everybody. We now think that the figure is nearer to 1,200—1,000 in the Army. As we make those inquiries, it is important to appreciate that not everybody who was penalised in some way had that happen as a result of their receiving a police caution—other matters may have been involved as well—so we are exploring all that.
The Minister will be aware that at least 58 of those personnel were discharged from the armed forces. On a rough calculation of losing, say, a £25,000 salary for just one year, compensation of over £1.25 million would be due. What assessment has she made of the cost to the defence budget of the military law-breaking and cover-up that was involved?
As I have explained, we are identifying all the individuals so that we can contact them and advise them accordingly. I have made it very clear that I want to see action by the three armed forces to anticipate what may come forward so that we do not suffer any more delay and there are no injustices.