Armed Forces Bill

Lord Lancaster of Kimbolton Excerpts

Tuesday 14th June 2011 Commons Chamber

[Gemma Doyle]

Unfortunately, the Secretary of State did not make that clear when asked about this matter. If he or the Minister could give the Committee a concrete commitment on the protection of employment for reservists today, that would be very welcome. It cannot be right for the Government to consider asking more of the men and women of our reserve forces while cutting the protection that they need in their place of work. Will the Minister make an unequivocal commitment not to scrap the vital protection provided by the Reserve Forces (Safeguard of Employment) Act 1985 or, if he believes that it has been superseded, will he clarify the position? We support the new clause, but the Government must be clear about retaining the support and protection that the reserve forces expect and deserve.

[Mark Lancaster (Milton Keynes North) (Con)]

I should like to speak briefly in support of new clause 12, but I must start by declaring my interest as a member of the reserve forces.

My understanding of the Reserve Forces Act 1996 is that it contains three separate sections under which a reservist may be mobilised: section 52, under which no one has been mobilised to date; section 54, which involves war fighting, and under which I was mobilised to Afghanistan; and section 56, to which the new clause relates directly, and under which I have previously been mobilised to Kosovo and Bosnia. I want to underline the points that the Under-Secretary of State for Defence, my right hon. Friend the Member for South Leicestershire (Mr Robathan) made in his opening remarks. It might seem odd that I am supporting a new clause that could result in my being mobilised even more often, but this amendment to the Act is long overdue.

Speaking from my experience as an explosive ordnance disposal operator, I want to add to the examples that the Committee has already been given. During 2003-04, under Operation Telic in Iraq, we found that as the threat from improvised explosive devices continued to grow, the call on our EOD operators also increased. The Committee might be aware that, here in the UK, we continue regularly to dig up world war two munitions. That constant threat is covered by a 24-hour operation known as Operation Midway, which is based in Wimbish, in Cambridgeshire.

The problem that we faced in 2004 was that, as the threat of IEDs grew in Iraq, our qualified bomb disposal officers were slowly being drawn out into theatre and we were struggling to cover the UK threat. Under section 56, members of the Territorial Army were mobilised to go and sit in Wimbish to cover the Operation Midway threat. It might surprise the Committee that most munitions are normally dug up on a Friday afternoon. They are invariably found on building sites, although probably not on a Friday afternoon. No one wants to interrupt the works, however, so the munitions magically seem to turn up on a Friday afternoon, which is an ideal time for the members of the Territorial Army who come in to play at weekends to deal with the munitions.

The terms of section 56 are clear. Subsection (1)(a) states that a reservist may be mobilised only

“on operations outside the United Kingdom for the protection of life or property”.

Clearly, the UK disposal of munitions under Operation Midway does not count in that regard. Subsection (1)(b) states that a reservist may be mobilised

“on operations anywhere in the world for the alleviation of distress or the preservation of life or property in time of disaster or apprehended disaster.”

Now the problem was that although that might cover UK operations at the time, was it fair to say that the potential digging up of a world war two munition in London was a potential disaster? It was very much a grey area. What tended to happen was that people were mobilised under section 56; they sat in Wimbish for a number of months and then, right at the end of their mobilisation, they would be deployed out to theatre in Iraq simply so they could be “covered” under the mobilisation. That was obviously nonsense, which is why I believe it is so important for the Government to introduce the new clause so that in such specialised situations—along with examples that the Minister provided—we can allow reservists’ actions to continue.

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[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

Does the hon. Gentleman feel from his personal experience that if people are constantly going to be asked to serve, it could act as a disincentive to joining the reserve forces?

[Mark Lancaster]

I am making the point that we must be careful how we use these powers. The point I was coming on to was that an employer might have to give the job back to an employee who has been away on mobilised service, but he does not necessarily have to promote him. Who is going to be promoted—the person permanently at work or the person who comes and goes every two or three years? I support the extension of these powers, but I add the caveat that we must be very careful how we use them. We should not use them in a manner that could act as a disincentive along the lines that the hon. Member for Ayr, Carrick and Cumnock (Sandra Osborne) suggested.

[Christopher Pincher (Tamworth) (Con)]

My hon. Friend is quite right to say that we should be careful how we use these powers. Does he agree that we should also be careful how we communicate them to potential employers, so that they know exactly how the powers might be used and will not disadvantage people in the reserve forces?

[Mark Lancaster]

My hon. Friend makes a powerful point. I would like to commend both this Government and previous ones for the amount of support they have offered to SaBRE—the organisation that does so much to communicate with reservists’ employers.

My final point, on which I seek some reassurance from the Minister, is that the new clause will make no amendments to section 57 of the Reserve Forces Act 1996, which deals with the duration for which a member of the reserve forces can be mobilised. Although it is a fairly complicated clause, the basic point is that a member of the armed forces can be mobilised for a maximum of nine months beyond their enlistment. If I read it correctly, that means mobilisation could run for a period of three years and nine months. It is unlikely that that has ever happened—I know of no example of it happening—but given what the new clause is intended to do for localised UK operations that are likely to be short in their enduring operation, I would ask whether the Minister is happy about the absence of any amendment to section 57 of the Reserve Forces Act 1996.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

I, too, pay tribute to the work of the reserve forces. Some time ago I was in Iraq and I was pleasantly surprised to see that the commanding officer at Baghdad airport was a reservist. Much good work is done by the men and women of the reserve forces. No doubt there will be greater calls on their time in the future, bearing in mind the likelihood of an announcement in the coming week or two.

Subject to what the hon. Member for West Dunbartonshire (Gemma Doyle) said, I think the amending provisions are perfectly reasonable. Indeed, if we think of the Civil Contingencies Act 2004, they are perhaps overdue. Unfortunately, we in the United Kingdom are subject to increasing natural disasters, with which I am sure the men and women of the reserve forces are more than adequately equipped to deal. They may well prove a useful addition to the powers that we already have to deal with what are, unfortunately, frequently occurring natural events.

Subject to the points raised by the hon. Member for West Dunbartonshire, I think that the new clause and amendments are perfectly reasonable, and that the Government were right to table them.

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[Gemma Doyle]

My hon. Friend makes a good point. My concern is about how that will happen. I do not believe that the mechanisms have been fully worked through. That is why I want to strengthen the report and the fields that will be included in it.

On new clause 13, the nation demands a great deal from its servicemen and women, as is often stated in the House. They are required to follow orders without question. They and their families are often separated for long periods. Frequent moves, often at short notice, can disrupt family life. Forces accommodation is sometimes remote, making it difficult for partners and children to mix with civilian communities. Service personnel are entitled to expect as normal a family life as their military obligations permit.

Through the implementation of the service personnel Command Paper, the Labour Government worked to ensure that servicemen and women were seen not as ordinary citizens, but as people deserving the very best in public services. However, public services have not and do not always take account of their particular needs, and the Government should work across Departments to ensure that their needs are always taken into account. Major General John Moore-Bick from the Armed Forces Pension Society said:

“There is a unique nature to what armed forces families go through. This is not special pleading. In the armed forces you are asked to do things nobody else in the public sector would be asked to do. It is only right that they should have a special status.”

Governments of all parties must be committed to giving due consideration to the needs of servicemen and women, their families and veterans when it comes to public service delivery, working hard to create a level playing field so that forces families suffer no disadvantage.

Armed forces advocates were established by the Labour Government to identify and resolve policy or legislative issues that might affect the service community. They advise on how public services can best meet the service community’s needs. At present there are a number of armed forces advocates from various Government Departments, including the Department for Work and Pensions, the Department of Health and the Treasury. This complements the work of organisations, associations and charities that offer advice and support to service personnel and their families.

The advocates network has worked well. New clause 13 would extend the existing network to ensure that all levels of government in the UK are represented and can therefore help to resolve the issues that may disadvantage our service community.

[Mark Lancaster]

What is the hon. Lady’s estimate of the cost of extending that body of advocates?

[Gemma Doyle]

I envisage that the advocates would be drawn from the staff already working in Departments, who are linked into the knowledge that exists and would be a useful point of contact for armed forces and their families interacting with those Departments and public bodies.

During the evidence sessions in Committee we heard time and again from charities that they wanted those with responsibility for the delivery of services to be involved in resolving issues, rather than the Secretary of State or a Minister directing from the centre. New clause 13 would ensure that those involved in service delivery at every level, including local government and NHS trusts, are aware of the special nature of service and of the need to tailor their services accordingly. We have talked a great deal about the need for accountability, and the new clause would ensure that accountability is enhanced by bringing into policy formulation and delivery those who are truly responsible for providing the service that people need.