Defence Reforms

Debate between Mark Francois and David Nuttall

Thursday 17th October 2013 Commons Chamber

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

Will my hon. Friend give way?

[Mr Nuttall]

Certainly.

[Mr Francois]

We on the Government Benches have noted, Madam Speaker, that you have achieved what the military would call an initial operating capability. We wish you the very best and we are sure that you will succeed.

[Mr Nuttall]

rose—

Armed Forces (Prevention of Discrimination) Bill

Debate between Mark Francois and David Nuttall

Friday 1st February 2013 Commons Chamber

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

It is a pleasure to follow the hon. Member for Wrexham (Ian Lucas) and I commend the hon. Member for Dunfermline and West Fife (Thomas Docherty) for bringing this Bill before the House and giving us the opportunity to discuss what we all instinctively agree is an important subject. I also pay tribute to his knowledgeable service on the Defence Committee. He mentioned the important work of the Armed Forces Bill Committee. That led to the Armed Forces Act 2011—to which I shall refer in a few minutes—which enshrined the key principles of the armed forces covenant in law. I believe that we all did the right thing in that Act, and as I shall outline in my speech, it provides us with additional powers that may come in handy in responding to this Bill.

In a debate of this kind, which is rightfully conducted in a non-partisan spirit, it is important to make clear at the outset where we agree, as well as where we might differ. I think I speak for the whole House in saying that we all hold the same view about discrimination against members of the armed forces: it is a completely unacceptable form of behaviour towards the men and women who have committed themselves to defending this country, its people and its way of life—to defending us and our families. In doing so they make sacrifices and give up freedoms that their fellow citizens perhaps sometimes take for granted. Those who discriminate against service personnel, or against other members of the wider armed forces community, succeed only in diminishing themselves. In this House we can debate the best way of combating discrimination, but there is no dispute about the objective.

Discrimination can take many forms. Some of it is thoughtless or uninformed, for example, when public services fail to take account of the special circumstances in which armed forces personnel find themselves. Some of it is based on myth and prejudice—a view that soldiers create trouble or are unreliable customers. Like the hon. Member for Dunfermline and West Fife, I do not believe that that is normally the case, but we have to accept that some people have that misperception and we must challenge it. Some discrimination or abuse stems from genuine hostility to members of the armed forces, motivated by politics or perhaps by some unfortunate personal experience. It is on that very narrow part of the spectrum that the Bill principally focuses.

The Bill would have the effect of amending section 146 of the Criminal Justice Act 2003, which lays down circumstances in which the criminal courts must treat an offence as aggravated, for the purpose of deciding on the appropriate sentence. The aggravating factors currently set out in section 146 are that the offender either demonstrates, or is motivated by, a hostility towards the victim which is based on the victim’s disability, sexual orientation or transgender identity. Section 145 of that Act is also relevant, as it allows for an offence to be “racially or religiously aggravated” when a sentence is decided.

This Bill would add a further characteristic, so that the offence is aggravated if the offender’s hostility is based on the victim “being a service person”. The subsection on the meaning of a “service person” refers across to section 343B of the Armed Forces Act 2006, which was added by the Armed Forces Act 2011 and relates to the armed forces covenant. The definition in subsection (1) of section 343B is pertinent. It states:

“service people means—

(a) members of the regular forces and the reserve forces;

(b) members of British overseas territory forces who are subject to service law;

(c) former members of any of Her Majesty’s forces who are ordinarily resident in the United Kingdom; and

(d) relevant family members.”

[Mr Nuttall]

My right hon. Friend did not mention cadets in that list. I am not sure if any guidance has been given on whether cadets would be covered by that definition, but does he think they would be?

[Mr Francois]

That is a good question. My understanding is that cadets would not ordinarily be covered per se, but they might be covered if they were a family member of a service person. We could be making law here, so it is important to understand the technicalities of the drafting. I hope that the hon. Member for Dunfermline and West Fife will understand that we have taken his Bill seriously and we have looked very carefully at the legal effect of what he proposes.

Armed Forces Redundancies

Debate between Mark Francois and David Nuttall

Tuesday 22nd January 2013 Commons Chamber

[Mr Francois]

We are normally slightly circumspect about commenting in the House of Commons on special forces, and particularly on special forces operations, for reasons that the House will understand very well. In principle, however, as we look to rebalance the size of the armed forces—both regular and reserve—we will clearly look at our special forces requirements in the light of that exercise.

[Mr David Nuttall (Bury North) (Con)]

Last week’s Bury Times reported on the final closure of the town’s Army careers office, and quoted the commander for regional recruiting, Lieutenant Colonel Leanda Pitt, as saying:

“The Army is still recruiting in Bury and there are jobs available now”.

Will the Minister confirm that, if the planned disbandment of the 2nd Battalion the Royal Regiment of Fusiliers proceeds, any Fusiliers likely to be made redundant will, as far as possible, be retrained to fill any vacancies?

[Mr Francois]

That was, in a sense, several questions in one. With regard to recruitment offices, the armed forces, like many other organisations, have had to be aware of the way in which the world has changed. Many people who apply to join the armed forces now do so initially online, rather than walking into a recruiting office in the traditional way. Nevertheless, a number of people still use recruiting offices, so we have rearranged the profile of our offices around the country to try to adjust to life in the 21st century. My hon. Friend also asked about people in the regular armed forces who might be made redundant. Of course, one opportunity would be for them to rejoin as a member of the reserve forces, and we would encourage them to do that wherever possible.