Lord Lancaster of Kimbolton
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Armed Forces Bill
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The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)
It is a pleasure to serve under your chairmanship, Mr Bone.
The primary purpose of the Bill is to provide for the continuation in force of the Armed Forces Act 2006, which would otherwise expire at the end of 2016. Clause 1 provides for continuation of that Act for a year from the date on which the Bill receives Royal Assent. Thereafter it allows further renewal by Order in Council for up to a year at a time, but not beyond the end of 2021.
The 2006 Act provides nearly all the provisions for an armed forces system of command, discipline and justice. Crucially, it confers powers and sets out procedures to enforce the duty of members of the armed forces to obey lawful commands. The central effect of the expiry of the 2006 Act would be to end the powers and provisions to maintain the armed forces as disciplined bodies.
Mr Kevan Jones (North Durham) (Lab)
It is a pleasure to serve under your chairmanship, Mr Bone.
I think this is my third Armed Forces Bill, and it is a minnow compared, for example, with the 2006 Act. However, it covers important issues that affect not only the operation of Her Majesty’s armed forces, but the discipline needed to ensure their effectiveness. As the Minister has outlined, it is an important constitutional Bill because it reaffirms the need for a standing Army to protect the freedoms that we have all come to rely on in this country. I look forward to the progress of the Bill and of the amendments in my name.
Kirsten Oswald (East Renfrewshire) (SNP)
The SNP fully supports the Bill. We appreciate the requirement that Parliament’s consent is given to maintain an Army, as well as the significant contribution made by members of our armed forces. As such, one of the Bill’s most important functions is to provide the legal basis for the armed forces to continue to exist as a disciplined force, and we must continue to develop and support our armed forces as they undertake their difficult jobs. We support progressive change such as that found in the amendment that calls for a review into compensation for veterans who are suffering from mesothelioma, and that on the publication of statistics on sexual assault and rape. We want robust legislation that is fit for our dedicated armed forces.
Question put and agreed to.
Clause 1 ordered to stand part of the Bill.
Clause 2
Commanding officer’s power to require preliminary alcohol and drugs tests
Question proposed, That the clause stand part of the Bill.
Mark Lancaster
Currently, a commanding officer may require a member of the armed forces, or a civilian subject to service discipline, to co-operate with a preliminary test for drugs or alcohol on suspicion of a relevant offence. Clause 2 extends the circumstances in which a commanding officer may require co-operation with such a test. It provides for post-accident preliminary testing without the need for suspicion that the person to be tested may have committed an offence. The new powers to require co-operation with such tests apply only after accidents involving aircraft or ships, or after other serious accidents.
The powers will apply in the event of any maritime or aviation accident and other serious accidents that result in, or have created the risk of death, serious injury to any person, serious damage to any property, or serious environmental harm involving prescribed or other safety critical functions. The results of preliminary tests can be used in support of any type of investigation arising from the accident. The new powers are similar to those provided to the civilian police by the Railways and Transport Safety Act 2003 in relation to aviation and maritime accidents, and the Road Traffic Act 1998 in relation to road traffic accidents, but apply to a wider range of accidents.
Mr Kevan Jones
We support clause 2. As the Minister has outlined, it brings into line the legislation that covers our armed forces and gives commanding officers the tools to investigate accidents in which drugs or alcohol may have played a part.
The Temporary Chair (Mr Peter Bone)
With this it will be convenient to consider clauses 4 and 5.
Mark Lancaster
Clauses 3 to 5 relate to investigations and charging. They make a number of changes to provisions in part 5 of the 2006 Act, which deal with the process of deciding whether a person is to be charged with a service offence under that Act. The changes simplify the process. For example, currently some cases that cannot be dealt with by the commanding officer must none the less be referred by the investigating service police to the commanding officer and then from the CO to the Director of Service Prosecutions for a decision on the charge and prosecution.
Clause 3 provides that where the service police consider there is sufficient evidence to charge an offence that the commanding officer cannot try summarily, the case must be sent to the Service Prosecuting Authority for a decision on charging. The Director of Service Prosecutions is responsible for decisions on the charge and prosecution in all cases that cannot be dealt with by the commanding officer. However, currently some of those cases have to be referred by the investigating service police to the commanding officer, and then, as I have said, from the commanding officer to the Director of Service Prosecutions. This adds unnecessary delay and bureaucracy to the process, which the clause seeks to remove.
The other main change made by clause 3 intends to deal with the problem that the 2006 Act currently requires some cases to be sent to a commanding officer to deal with, although they are closely connected with a case that must be sent to the director—for example, where separate offences occurred during the same incident. This can result in separate decisions on whether to prosecute, and separate trials. Clause 3 amends the 2006 Act so that the service police will also be able to refer a case to the Director of Service Prosecutions if, after consultation with the director, they consider it appropriate to do so because of a connection with another case that has been referred to the director.
Clause 4 makes a minor technical clarification to the procedure for the referral of linked cases from the commanding officer to the Director of Service Prosecutions. Currently, if the commanding officer is required to transfer a linked case to the director, the transfer is deemed to take place. Under clause 4, the commanding officer will actually have to make the transfer.
Clause 5 provides for the Director of Service Prosecutions to bring charges himself. Currently, where the director decides that a charge should be brought in a case, he cannot bring the charge directly but must direct the suspect’s commanding officer to bring the charge, and the commanding officer must then bring the charge.
The changes have the support of the Director of Service Prosecutions and the Judge Advocate General. No change is proposed to the circumstances in which the commanding officer is under duty to ensure that the service police are aware of an allegation.
The Temporary Chair
We are debating clauses 3, 4 and 5 together if any Member wants to speak on them.
Mark Lancaster
Thank you, Mr Bone, for allowing me to go back, very briefly, to clause 2.
The new powers in clause 2 reflect the range of duties undertaken in the military environment—for example, diving, driving and commanding a mechanically propelled vehicle—not covered by road transport legislation. The use of firearms would not be covered either, and neither would other duties considered to be safety critical, such as running adventurous training. So there are some extra duties not covered by other legislation, which is why these provisions go slightly further.
On clause 3 and the question of whether we are effectively reducing the powers of the CO, the change to the procedure followed by the service police after an investigation relates only to cases where the CO does not have jurisdiction over the recommended charge. Such a case could still be referred back to the CO by the Director of Service Prosecutions if an alternative charge within his powers was considered appropriate. The uncertain power of the CO to wait and see and do nothing will be removed, but it is, in any event, vulnerable to attack, particularly given that it applies to serious cases in relation to which the service police have determined there is sufficient evidence to charge an individual with an offence that can be tried only by court martial. The change to the process of charging means that the DSP will have the power to bring a charge, whereas currently only the CO has the power, although he might be directed by the DSP to do it. I realise it sounds complicated, but actually it simplifies the process to avoid having to refer cases to the CO over which he has no power anyway. In more than 90% of cases, the CO will still be involved.
I am sure that the hon. Member for Strangford (Jim Shannon) will remain in his place for the duration of the Committee, so I will deal with the other points he raised when we get to those clauses.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clauses 4 and 5 ordered to stand part of the Bill.
Clause 6
Period for which sentence of service detention may be suspended
Question proposed, That the clause stand part of the Bill.
Mark Lancaster
The clause increases from 12 to 24 months the maximum period for which the sentence of service detention may be suspended by a court martial. The civilian courts and courts martial can already suspend sentences of imprisonment for up to 24 months, but service detention is a unique military system offering greater rehabilitation arrangements. This measure would provide a court martial with greater flexibility in appropriate circumstances. Guidance on sentencing in a court martial sets out the relevant factors for the award of suspended sentences: whether the offender can retrieve his or her good name without undergoing a committed sentence—for example, if there has been a significant delay between the offence and trial, during which period the offender has performed his or her duties well and effectively rehabilitated him or herself; whether the offender has shown genuine remorse and voluntarily made reparation for any damage caused; whether the offender is young and inexperienced and it is clear that the offence is an isolated occurrence; whether the offence does not involve serious violence or violence towards a superior officer; and whether the offender is required for more important operational duties.
Mr Kevan Jones
Again, I think these are sensible proposals that give courts martial the flexibility to award suspended sentences where appropriate. It is a tidying-up exercise in terms of the 2006 Act.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Clause 7
Immunity from prosecution
Question proposed, That the clause stand part of the Bill.
The Temporary Chair (Mr Peter Bone): With this it will be convenient to discuss clauses 8 to 12 stand part.
Mark Lancaster
For the convenience of the Committee, I shall discuss together clauses 7 to 12, which deal with offenders assisting investigations. In overview, clauses 7 and 8 allow the Director of Service Prosecutions, in return for assistance provided by a person to an investigation or prosecution, to enter into an agreement with the person giving them immunity from prosecution or an undertaking that information will not be used against them in proceedings. Clauses 9 to 12 make provision with respect to reduced sentences for those who provide such assistance.
The provisions closely follow those in the Serious Organised Crime and Police Act 2005, which apply to civilian prosecutors and courts. Under these provisions, an immunity notice or restricted use undertaking must be in writing and will normally include conditions, breach of which would lead to the immunity or undertaking being revoked.
The Director of Service Prosecutions will, as a matter of good practice, consult the Attorney General in relation to any offer of immunity. The DSP will engage with the Director of Public Prosecutions and devolved Administrations in the event of concurrent jurisdiction. Immunity notices and restricted use undertakings can be provided only if the DSP considers it appropriate in relation to the investigation or prosecution of a criminal conduct service offence, where the equivalent civilian offence is capable of being tried in the Crown Court, or a disciplinary offence, for which the maximum sentence is more than two years imprisonment.
Jim Shannon
I have one quick question for the Minister. He mentioned contacting the devolved Administrations, and I am wondering what credence is given to those Administrations in respect of decisions made by Ministers in the Ministry of Defence. In other words, if there is a disagreement between the devolved Administrations and the Ministry, which takes precedence?
Mr Kevan Jones
With the assurance that the Attorney General will be consulted only in very rare cases—I am not sure that the provisions will need to be used on many occasions—we support the clauses, which bring service law into line with best practice in civilian law.
Mark Lancaster
I agree with the hon. Gentleman; it is anticipated that the provisions will be used only on very rare occasions and in the most serious cases. In response to the question asked by the hon. Member for Strangford (Jim Shannon), the process has not yet been tried, but it is hoped that there will not be any conflict between the various jurisdictions. If I may, I shall write to the hon. Gentleman with further detail in due course.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clauses 8 to 12 ordered to stand part of the Bill.
Clause 13
AFA 2006: Isle of Man and British overseas territories
Question proposed, That the clause stand part of the Bill.
The Temporary Chair (Mr Peter Bone): With this it will be convenient to consider the schedule to the Bill.
Mark Lancaster
The clause and schedule provide for the Armed Forces Act 2006, as it currently has effect in the United Kingdom, to come into force in the Isle of Man and the British overseas territories, except Gibraltar, although we are consulting the Government of Gibraltar about extending the provisions of the 2006 Act to that territory. I should make clear at this point that, as a matter of UK law, the 2006 Act will continue to apply to service personnel wherever in the world they are serving.We have consulted the Isle of Man and the British overseas territories, and they are content with our approach. We are discussing with Gibraltar whether it would be best to provide for the 2006 Act and the Bill to extend to it as well, and if Gibraltar considers that to be the case, we will introduce an amendment to that effect.
Jim Shannon
I welcome the Minister’s commitment to ensuring that the 2006 Act will come into force in the Isle of Man and the British overseas territories, with the exception of Gibraltar, and that there will be the option of extending it to the Channel Islands. We too often forget those from the overseas territories and those who serve there. I am pleased to note that this is a truly British Bill which recognises our devoted armed services throughout the globe. This move is, I believe, long overdue.
I should like to ask the Minister two questions. First, will he give us some idea what is meant by “the option of extending it to the Channel Islands”? Secondly, is he able to give a commitment—I am not sure whether he is—that, as I hope sincerely to be the case, the exemption of Gibraltar is not due to any Spanish intrusion or interference? The sovereignty of Gibraltar is down to its people, and we should firmly uphold their right to remain British, no matter what actions or words may come from Madrid.
Mr Kevan Jones
We support clause 13 and the accompanying schedule. It makes sense to extend the Act to the overseas territories.
May I ask the Minister what the timescale is for the negotiations with Gibraltar? I realise that the elections there may have interfered with the process. May I also ask what mechanism would operate if Gibraltar accepted that the legislation should extend to it? Would we have to wait for the next Armed Forces Bill to introduce any changes that were necessary?
Mark Lancaster
Let me deal first with the question of Gibraltar. I can tell the hon. Member for Strangford (Jim Shannon) that this has absolutely nothing to do with the Spanish. In 2005 Gibraltar received a new constitution, which gives it wider legislative responsibilities. As I have said, we are discussing with its Government whether it would be best to provide for that through the 2006 Act or through its own legislation.
As the hon. Member for North Durham (Mr Jones) said, there has been a delay. That is simply because, as the House knows, Gibraltar was holding elections, which have now ended. I am keen to conclude the matter with Gibraltar as quickly as possible, and, if it wished to be included in the provisions of the Bill, the intention would be to introduce amendments in the other place at that point.
On the wider impact, the fact that the 2006 Act has not been in force in the British overseas territories—including the Isle of Man—since 2011 has not, to our knowledge, created any difficulties. The rationale for extending the Act to those jurisdictions includes ensuring that actions that might be taken by members of our armed forces would be lawful there, not only as a matter of United Kingdom law but as a matter of their own law. For example, service police would have powers of arrest, entry and search in those jurisdictions as well. Equally, the civilian authorities in those jurisdictions can do things that they might not otherwise have powers to do under the law there. Including them in the Act gives them extra powers as well.
All in all, we feel, having consulted, that this is a positive step.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clause 14
Powers of Ministry of Defence fire-fighters in an emergency
Question proposed, That the clause stand part of the Bill.
The Temporary Chair (Mr Peter Bone)
With this it will be convenient to discuss clause 15 stand part.
Mark Lancaster
These clauses give MOD firefighters the same powers to act in emergencies as employees of civilian fire and rescue authorities. Those powers include powers to enter premises by force if necessary, to close roads and to regulate traffic. Clause 14 also makes it an offence to obstruct an MOD firefighter who is acting in an emergency.
Clause 15 gives MOD firefighters the same exemptions from provisions in certain Acts—for example, rules on drivers’ hours—as employees of fire and rescue authorities.
Bob Stewart (Beckenham) (Con)
May I ask the Minister for clarification? If an MOD firefighter is on a base and sees a farm, say, afire, can they go straight to that and deal with it, or do they have to wait for civilian firefighters to come, if it is off the base?
Mark Lancaster
I will come to that, but protocols are in place between MOD firefighters and local fire authorities and there have been occasions when MOD firefighters have supported local authority fire and rescue services. However, it is important that that is done in a combined and controlled way.
The Defence Fire Risk Management Organisation provides fire and rescue operational services and support across defence at airfields, specified domestic establishments and deployed locations in the UK and overseas. DFRMO falls outside the ambit of the primary legislation that governs local fire and rescue authorities in the UK. Contractors providing fire and rescue services for defence are also present at the Atomic Weapons Establishment, QinetiQ, Babcock and Serco. They operate at sites such as Aldermaston, Burghfield and Boscombe Down. DFRMO currently has 320 fire and rescue service contractors, out of a total strength of more than 2,000 personnel. Contractor firefighters, now and in future, should also be able to deal with an emergency in the same way as MOD firefighters. We are not aware of local fire and rescue authorities using or planning to use contractor firefighters. However, there are other private and specialised fire and rescue services at other sites such as ports and airports, power stations, industrial sites and some state properties.
The clauses constitute a simple, sensible change that gives MOD firefighters the same legal protections as their civilian counterparts.
Jim Shannon
The Minister referred to the legal protections that are provided. Is insurance protection provided as well? I am conscious that with firefighters’ extra responsibilities come the possibility of someone being hurt as a result. I would like to check that point.
Mark Lancaster
Simply to answer the question from the hon. Member for Strangford (Jim Shannon), we will of course ensure that all our firefighters have appropriate protection.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15 ordered to stand part of the Bill.
Clause 16
Meaning of “AFA 2006”
Question proposed, That the clause stand part of the Bill.
The Temporary Chair
With this it will be convenient to discuss the following:
Clause 17 stand part.
Clause 18 stand part.
Government amendment 1.
Clause 19 stand part.
Clause 20 stand part.
Government new clause 1—War pensions committees and armed and reserve forces compensation schemes.
Government amendment 2.
Mark Lancaster
I am delighted to be able to speak to these amendments today. New clause 1 acknowledges the importance that the Government place on the work of the veterans advisory and pensions committees in supporting our armed forces community. The new clause would amend section 25 of the Social Security Act 1989 to allow the Secretary of State to make regulations enabling the VAPCs to provide advice and deal with complaints in relation to the armed forces compensation scheme 2005 and future compensation schemes enacted under the Armed Forces (Pensions and Compensation) Act 2004.
The VAPCs already have certain functions and procedures, as described in section 25 of the 1989 Act and the war pensions committees regulations. This amendment would expand that remit, providing a legislative basis to underpin their broader role and functions. I should, however, say a bit more about the committees.
The committees were first established as the war pensions committees in 1921. Generally, we now refer to them as the veterans advisory and pensions committees. There are 13 such committees whose members I, as Minister responsible for defence personnel and veterans, appoint. There are about 223 members, all unpaid volunteers working within their regional committees to help ex-service personnel and their families, in particular those who are vulnerable. In exercising their statutory functions, the committees carry out a range of activities principally in relation to the war pensions scheme which until 2005 was the main scheme for payment of compensation to members of the armed forces and their spouses and dependants for injuries or death caused by service. These functions include providing local consultation with the MOD on issues concerning war pensioners and war widows or widowers; raising awareness of the war pensions scheme and the veterans welfare service; supporting and monitoring the work of the veterans welfare scheme to ensure the best possible service to war pensioners and war widows and widowers; and helping individuals in representing their difficulties or in making a complaint in relation to the war pensions or war widowers application or review process.
However, there are new armed forces compensation schemes that were not in existence when section 25 was enacted. These include the armed forces compensation scheme and further compensation schemes that have been enacted under the 2004 Act. The new clause, with its proposed amendment to section 25 of the 1989 Act, will enable the committees to be given comparable functions relating to those new schemes too. We want the good work of these committees to continue, helping to enhance the local services delivered by ex-service personnel and their families, giving local support in promoting the armed forces covenant and the development of local community covenants, providing independent opinion on policy changes that may affect veterans, and championing individual cases. New clause 1 proposed by the Government today is for the benefit of our veterans and their families, who deserve the best.
While discussing this new clause, I should also mention amendments 1 and 2, because they make small changes that are consequential to the new clause. Amendment 1 provides that the new clause does not extend to the Isle of Man or the British overseas territories. Section 25 of the 1989 Act, which would be amended by the new clause, extends only to England and Wales, Scotland and Northern Ireland, and this will remain the case. Amendment 2 simply changes the long title of this Bill to include reference to the new provisions for the war pensions committees. These amendments would give the VAPCs, as the war pensions committees are known now, a statutory basis to continue their good work. With the consent of Parliament, our intention would be to make regulations to set out their new statutory functions at the earliest opportunity.
Kirsten Oswald
We welcome all progress in supporting our military veterans, and we are supportive of this measure and how it moves things forward. It is important that we do all we can to uphold our obligations under the military covenant and to consider how we can continually facilitate the development of services for our ex-service personnel and their families.
Mr Kevan Jones
I echo the comments of the hon. Member for Henley (John Howell) about the work of the Chair of the Committee.
The new clauses contain sensible proposals. When I was a Minister, I had the pleasure of meeting many of the individuals involved in the war pensions committees, and the Minister is quite right to pay tribute to the work that they do. They do not get paid for it, but they are committed to ensuring that the veterans get advice and, on occasions, to highlighting issues that might not have been relevant when legislation was being passed but that came to light afterwards, and ensuring that practical action is taken. They provide an important mechanism for supporting veterans. Perhaps I should not say this, but I am sure that the Minister is already aware that many of them have already given advice on other compensation schemes, so it is sensible to make what they are doing legal, in effect. We will be supporting the new clause.
Mark Lancaster
The hon. Member for North Durham (Mr Jones) is right, as he so often is. I am well aware that those people are already offering advice, but it would not be for me to condone from the Dispatch Box any activity that was technically illegal in any shape or form. However, they do fantastic work.
I also echo the comments of other hon. Members who have thanked my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopreski) for his chairmanship of the Committee. We have not quite reached the end of these discussions, however, and I would not want to take it for granted that consensus is breaking out just yet. We still have a few more new clauses and amendments to go, but I hope that we will continue in the vein in which we have started.
In response to the hon. Member for Strangford (Jim Shannon), of course we want to see the military covenant progressed in Northern Ireland in the best possible way. Major progress has been made in recent months, not least when the first two local authorities signed the community covenant. I am looking forward to going to Northern Ireland shortly to do what I can to promote the covenant in the Province. I hope that the hon. Gentleman will agree that these provisions are a major step in the right direction.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
Clauses 17 and 18 ordered to stand part of the Bill.
Clause 19
Extent in the Channel Islands, Isle of Man and British overseas territories
Amendment made: 1, page 17, line 1, after “5(3),” insert—
“(War pensions committees and armed and reserve forces compensation schemes),”—(Mark Lancaster.)
This amendment provides that NC1 does not extend to the Isle of Man or the British overseas territories. Like section 25 of the Social Security Act 1989, NC1 is to extend to England and Wales, Scotland and Northern Ireland (see clause 18).
Clause 19, as amended, ordered to stand part of the Bill.
Clause 20 ordered to stand part of the Bill.
New Clause 1
War pensions committees and armed and reserve forces compensation schemes
‘(1) Section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees) is amended as follows.
(2) After subsection (1) insert—
“(1A) The regulations may give the committees functions relating to one or more of the following—
(a) war pensions;
(b) war pensioners;
(c) AFCS benefits;
(d) AFCS benefit recipients.”
(3) In subsection (2)—
(a) omit the words from the beginning to the second “and”,
(b) for “it shall be their function” substitute “it is a function of a committee”,
(c) n paragraph (a), for “connected with war pensions or affecting war pensioners in their area and, where they think” substitute “connected with war pensions or AFCS benefits or affecting people in its area who are war pensioners or AFCS benefit recipients and, where it thinks”,
(d) in paragraph (b), for “to them by persons receiving or claiming war pensions and, if they think” substitute “to it by people receiving or claiming war pensions or AFCS benefits and, if it thinks”,
(e) in paragraph (c)—
(i) for “them” substitute “it”, and
(ii) for “they” substitute “it”, and
(f) in paragraph (d), for “war pensioners in their area” substitute “people in its area who are war pensioners or AFCS benefit recipients”.
(4) After subsection (3) insert—
“(3A) The regulations may provide for the committees to have names specified in the regulations (as well as being known as war pensions committees).”
(5) In subsection (4), before the definition of “war pension” insert—
““AFCS benefit” means a benefit payable under an armed and reserve forces compensation scheme established by order under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;
“AFCS benefit recipient” means a person in receipt of an AFCS benefit, in the person’s capacity as such;”.” —(Mark Lancaster.)
War pensions committees established under section 25 of the Social Security Act 1989 may be given functions by the Secretary of State by regulations. This new clause provides that the functions include functions relating to armed and reserve forces compensation schemes established under the Armed Forces (Pensions and Compensation) Act 2004.
Brought up, read the First and Second time, and added to the Bill.
New Clause 2
Voluntary discharge of under-18s
‘(1) The Armed Forces Act 2006 (c. 52) is amended as follows.
(2) In section 329 (Terms and conditions of enlistment and service), after subsection (3) there is inserted—
“(3A) The regulations shall make provision that any person under the age of 18 shall be entitled to end their service with a regular force by giving not less than 14 days’ notice in writing to their commanding officer, and shall ensure that any person enlisting under the age of 18 is informed of this right when they enlist.”” —(Liz Saville Roberts.)
This amendment ensures that those under 18 years of age are to discharge themselves from the Armed Forces should they so wish.
Brought up, and read the First time.
Liz Saville Roberts (Gwynfor Meirionnydd) (PC)
I beg to move, that the clause be read a Second time.
Mark Lancaster
Has the hon. Lady visited the Army Foundation College at Harrogate? If not, may I invite her to do so?
Liz Saville Roberts
I have not visited the college, but I would be delighted to do so. My background is in further education, and I have taught public services courses where boys and girls—young men and young women—were actively targeted, so I have some experience in this matter.
As I have just said, the matters that I have just raised are perhaps for another time. Today, we are concerned with the specific need to change the law, so that recruitment in the armed forces is in line with international and developed world standards and norms. I urge the Government to consider the proposed new clauses. If they are not minded to accept them, perhaps they can bring forward their own proposals.
Mark Lancaster
I am delighted to be joined by my right hon. Friend the Minister for Policing, Crime and Criminal Justice who, I hear, joined the Army at the age of 16 years and two days—[Interruption.] A long time ago, yes.
I recognise that there are a variety of views across the Committee and I am grateful to be able to debate the amendment tabled by the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts). The MOD sees junior entry as offering a range of benefits to the individual, the armed forces and society, providing a valuable vocational training opportunity for those wishing to follow a career in the armed forces. We take our duty of care for entrants under 18 extremely seriously. Close attention has been given to this subject in recent years, especially after the tragic deaths at Deepcut. We have robust, effective and independently verified safeguards in place to ensure that under-18s are cared for properly.
The provision of education and training for 16-year-old school leavers provides a route into the armed forces that complies with Government education policy and provides a significant foundation for emotional, physical and educational development throughout an individual’s career. There is no compulsory recruitment into the armed forces. Our recruiting policy is absolutely clear. No one under the age of 18 can join the armed forces without formal parental consent, which is checked twice during the application process. In addition, parents and guardians are positively encouraged to be engaged with the recruiting staff during the process.
Service personnel under the age of 18 are not deployed on any operation outside the UK except where the operation does not involve personnel becoming engaged in, or exposed to, hostilities. In July 2015, the High Court dismissed a judicial review brought by the organisation Child Soldiers International, alleging that the enlistment of Army recruits aged 16 to 18 was in conflict with the equal treatment directive. All service personnel have a statutory right to claim discharge up to their 18th birthday, and the right of discharge is made clear to all service personnel on joining the armed forces. There is a long-standing legal right of all new recruits, regardless of age, to discharge within their first three to six months, depending on their service, if they decide that the armed forces is not a career for them.
Under armed forces regulations, everyone under the age of 18 serving in the armed forces has a further 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 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. These three months represent a cooling-off period to avoid the unintended consequence of a decision made in the heat of the moment. A shorter period may well be agreed with the commanding officer, but three months provides the under-18 with a period of due reflection and the right to rescind their request for discharge. This process ensures that individuals under the age of 18 have an appropriate period of time to consider their decision to leave, and offers flexibility depending on individual circumstances. Ultimately, all service personnel under the age of 18 have a statutory right to leave the armed forces up until their 18th birthday.
All recruits aged under age 18 receive key skills education in literacy and numeracy, should they need it, and all are enrolled on to apprenticeships. The armed forces remain the UK’s largest apprenticeship provider, equipping young people with valuable and transferable skills for life. Over 95% of all recruits, no matter what their age or prior qualifications, enrol in an apprenticeship each year. The armed forces offer courses in a wide range of skills, such as engineering, information and communications technology, construction, driving, and animal care. Ofsted regularly inspects our care of newly joined young recruits, and we are very proud of the standards we achieve. We welcome this specialist confirmation that we treat our young recruits well. In the Select Committee, the Chief of the General Staff, Sir Nick Carter, described the process of recruiting young people, treating them in the right way, and providing them with new opportunities as “incredibly positive”. I take pride in the fact that our armed forces provide challenging and constructive education, training and employment opportunities for young people while in service.
I take on board the point made by the hon. Member for North Durham (Mr Jones), and agree with him, about his concerns for early leavers. I am focusing on that area, and I am delighted that it is addressed by the new career transition partnership that was introduced on 1 October.
Liz Saville Roberts
I thank everybody who has taken part in the debate. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 5
Requirement to publish statistics on sexual assault and rape
‘(1) Each service police force must collect and publish annually anonymised statistics on the number of allegations of sexual assault and rape made by and against members of the armed forces.
(2) The Director of Service Prosecutions must collect and publish annually anonymised statistics on the number of cases involving allegations of sexual assault and rape made by and against members of the armed forces, including but not necessarily limited to—
(a) the number of cases referred from the service police forces;
(b) how many of these cases were prosecuted; and
(c) how many convictions were secured.”—(Mr Kevan Jones.)
Brought up, and read the First time.
Kirsten Oswald
It is vital that all matters relating to allegations of or concerns about serious and complex crimes, including sexual assault, rape and murder, are handled with the utmost seriousness, so it is important that such cases are dealt with by the appropriate authorities and with the benefit of the best legal advice. Commanding officers in our armed forces are men and women of skill, professionalism, grit and integrity, but it may simply not be fair to expect them to possess the same level of specialist investigatory skills as those with a professional background in such skills. We would not expect that of any other group. If the victims and alleged perpetrators are dealt with by specialist authorities, everyone will be aware that such matters are handled, as we would all hope, with the appropriate structure, uniformity of approach, transparency and professional best practice.
The maintenance and publication of statistics on sexual assault and rape are key. It is simply not possible or desirable to make assumptions about the level or severity of allegations, prosecutions or convictions. We can only know such details via robust, consistently formatted and regularly produced statistics that are put in the public domain. We would wish to see improvements in the 2017 survey relating to sexual harassment, compared with 2014.
Releasing such statistics is part of our duty of care towards service personnel. It was interesting and heartening to hear in the Select Committee that some of that happens anyway, but it is not approached in a uniform or consistent manner across all services. Without a uniform approach that has the same definitions, frameworks and publication dates, we cannot reasonably keep this matter under review, which we absolutely should do to ensure that we continue to work towards transparency, clarity and improvement for the benefit of all service personnel.
Mark Lancaster
I am pleased that the hon. Member for North Durham (Mr Jones) has returned to these proposals and I welcome the opportunity to discuss these matters before the Committee.
Allegations of sexual assault and rape should never be treated lightly. It is important to us that members of the armed forces are treated well and that we foster an environment in which people have confidence that unacceptable behaviour is not tolerated and that allegations of such behaviour are dealt with. It is important that we are active in driving that forward.
The hon. Member for North Durham is right to raise the publication of statistics. During the Select Committee consideration of the Bill, my hon. Friend the Member for Keighley (Kris Hopkins) set out the current arrangements in the service justice system for the collection and publication of crime statistics. I will repeat them for the benefit of the Committee.
The service police crime bureau keeps records for all three services of allegations of rape and sexual assault that are made to the service police. That information is released regularly in response to parliamentary questions and freedom of information requests. In the case of the latter, the information is uploaded to the MOD’s online publication scheme, where it can be freely accessed. Let me be clear that I want to explore how we can be more proactive in releasing this information.
The service police crime bureau has been liaising with the Home Office police forces to analyse crime recording practices and rules to identify methods of improving crime recording. As a result, the bureau is working to establish a post of crime registrar, similar to that found in all other police forces, with a remit to scrutinise and audit the recording of crimes on the service police investigation management system. That will lead to further improvements.
The Service Prosecuting Authority records, for each year, the number of cases referred to it, the number of cases in which charges are preferred and the number of cases in which a conviction is secured. The Military Court Service publishes on the internet, on a regular basis, details of every case that is heard at the court martial, including offences, outcomes and punishments. There is, therefore, a clear picture of the extent of this type of offending within the services, giving a strong indication of the proportion of cases referred from the service police to the Service Prosecuting Authority that were prosecuted and of the conviction rate in such cases.
As General Sir Nick Carter, the Chief of the General Staff, said when giving evidence to the Select Committee on the Bill:
“In terms of publishing facts, figures and statistics, I am very solidly behind trying to do that.”
He said that the legislation goes far enough at the moment, but that we must do more, and I agree. Although I am not convinced that it is necessary or appropriate to set out requirements in legislation for the publication of such data, I am determined to make the data that we publish robust, consistent and accessible. To that end, I am actively considering how best to publish the data as an official statistic.
Turning to new clause 6 on the commanding officer’s discretion to investigate, I reassure the Committee that the armed forces already have procedures in place to ensure that allegations of sexual assault are handled appropriately. The commanding officer’s duties in that respect are clear. The starting point is that if a commanding officer becomes aware of an allegation or evidence that would indicate to a reasonable person that a service offence may have been committed by someone under his command, he must ensure that it is investigated “appropriately”. That is a specific statutory duty under the Armed Forces Act 2006. The commanding officer must therefore refer the matter to the service police if it would be appropriate.
The service police can, and do, act on their own initiative, even if a commanding officer does not think it appropriate to ensure that they are aware of the case. For example, the service police could be approached by a victim or a witness, they could come across an offence while patrolling, or the civilian police could become involved and pass them the case.
Almost all of the large number of sexual offences under part 1 of the Sexual Offences Act 2003, including rape and assault by penetration, are already schedule 2 offences. If a commanding officer becomes aware of an allegation, or of evidence that would indicate to a reasonable person that one of those offences may have been committed by someone under his command, he must report that to the service police. We must consider whether a commanding officer should have any discretion over whether to report an allegation of sexual assault, exposure or voyeurism to the service police, in circumstances where a victim or witness does not report the matter to the service or civilian police, and when the service police are not otherwise aware of it.
Importantly, before a commanding officer takes command, he receives training in how to exercise his powers under the Act, and he has access to legal advice 24 hours a day, seven days a week. As the Chief of the General Staff, Sir Nick Carter, made clear, there is a specific requirement in the manual of service law that a commanding officer is to take legal advice when sexual assault, voyeurism or exposure have been alleged. The manual has been amended to make specific mention of those offences in the section on “deciding how to investigate”, and it states that there should be a presumption that the commanding officer will normally ensure that the service police are aware of an allegation of such an offence.
Crucially, although it will rarely be appropriate for the commanding officer not to refer an allegation of sexual assault to the service police, the offence is so wide that I consider it right for the commanding officer to have some discretion, taking into account the wishes of the victim. I fear that an unintended consequence of the new clause may be to discourage some victims from coming forward, since the matter of reporting to the police will be taken out of their hands. The victim, of course, retains the ability to report directly to the service police. I believe that there is already a robust framework and that it is not necessary to impose on commanding officers a statutory duty—which does not apply to any other employer—to refer every allegation of sexual assault and the other offences covered by the new clause to the service police, regardless of what the victim may want.
New clause 7 deals with civilian investigations into serious offences, and would require all investigations into allegations of murder, rape and sexual assault by and against service personnel to be undertaken by the civilian police, and all prosecutions for such offences to be undertaken by the civilian Crown Prosecution Service. The service police and prosecuting authority have the necessary expertise and independence to investigate effectively and prosecute serious offences, including murder, rape and sexual assault by and against service personnel. The service justice system has been scrutinised by the UK courts, and in Strasbourg, and has been held to be compliant with the European convention on human rights for investigations and prosecutions in the UK and abroad where the civilian police do not have jurisdiction.
The service police have been held by the courts to be structurally, and in practice, independent from the chain of command, and they are trained and able to carry out investigations into the most serious offences at home and abroad. All prospective members of the special investigation branch, which investigates serious crimes, must pass the serious crime investigation course before being selected for that unit. Officers receive specialist training on the handling of sexual offences, investigative techniques, forensic awareness, dealing with witnesses and suspects, the preservation of evidence, and interaction with victims.
Selected members of the service police attend a range of specialist and advanced detective training at the Defence College of Policing and Guarding, or externally with the College of Policing or training providers accredited by that college. At the Service Prosecuting Authority, prosecutors are trained to prosecute serious cases effectively. For example, prosecution of serious sexual offences requires attendance on the CPS rape and serious sexual offences specialist training course, and the SPA ensures that decisions on charging are taken only by prosecutors who have completed that training.
The prosecutors protocol of 2011 between the Director of Public Prosecutions, the Director of Service Prosecutions, and the Defence Secretary, recognises that any offence can be dealt with by the service authorities. The main principle in deciding who acts is whether the offence has any civilian context, especially a civilian victim. The protocol provides that cases with a civilian context are dealt with by the civilian criminal justice system.
Mark Lancaster
The new clause would impose an obligation on the Defence Secretary to instigate a review of compensation for veterans with mesothelioma. My view is that such a step would not require legislation, and has been overtaken by events.
As I said on 19 November during the Adjournment debate on compensation for our military veterans who have been diagnosed with mesothelioma, we recognise that it is a devastating disease that changes the lives not only of the people who are diagnosed with it but of those who care about them: their families and loved ones.
Veterans with mesothelioma caused by their military service are entitled to make a claim for no-fault compensation from the Ministry of Defence. The war pensions scheme provides a tax-free pension and supplementary allowances, along with dependants’ benefits. The Government ascribe great importance to the health and well-being of our veterans, and we are clear about the fact that they should not be disadvantaged as a result of their service. We are absolutely committed to supporting them and the wider armed forces community.
Mesothelioma is a cancer caused by exposure to asbestos, and 40 years or more can often pass before it manifests itself and an individual is diagnosed, tragically with a short life expectancy thereafter. That is why it is so important to ensure that we provide the right support for those who are affected by the disease. We owe them all a debt of profound gratitude. I am therefore pleased to announce that any veteran who is diagnosed from mesothelioma from today will be offered a choice between receiving a lump sum of £140,000 and receiving the traditional war pension payments. It is currently proposed that the necessary legislative changes will come into force on 11 April 2016, but I am keen to consider options for bringing the date forward. Claimants choosing the option of a lump sum will continue to receive a monthly payment until the lump sum is paid. The Veterans Welfare Service will be on hand to help claimants to understand the new option.
As my hon. Friends will know, the policy of no retrospection has been maintained by successive Governments. Whether it should be applied to this group is a complex issue that has been the subject of much discussion within the Government. However, I have directed my Department to continue to review the options to support these claimants in a similar manner. I have received a great deal of correspondence, and I intend to write to the Members who have contacted my Department with a full update.
On that basis, I urge the hon. Member for North Durham to withdraw his motion.
Mr Kevan Jones
I think it would be rather churlish if I did not! I thank the Minister. What he has said shows his determination to put this wrong right, and, as with many issues, he approaches it not only with compassion but with the aim of ensuring that we do the right thing. This is doing the right thing by these veterans, to whom we owe a huge debt. I congratulate him on his stance and I will look with hope at the other work he is doing on retrospection. I accept that there are difficulties with that and I would not expect solutions tomorrow, but I take his commitment at least to look at retrospection. On the happy note that this is moving in the right direction, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 9
Homosexual acts no longer to constitute grounds for discharging a member of HM armed forces (No. 2)
‘(1) The Criminal Justice and Public Order Act 1994 is amended as follows.
(2) In section 146(4), omit the words “discharging a member of Her Majesty’s armed forces from the service or” and the words “or, in the case of a member of Her Majesty’s armed forces, where the act occurs in conjunction with other acts or circumstances,”.
(3) In section 147(3), omit the words “discharging a member of Her Majesty’s armed forces from the service or” and the words “or, in the case of a member of Her Majesty’s armed forces, where the act occurs in conjunction with other acts or circumstances,”.’—(Mr Kevan Jones.)
This amendment removes the provisions applying to the armed forces from sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994.
Brought up, and read the First time.
Kirsten Oswald
I agree entirely with the comments of my hon. Friend. It was positive in the Select Committee to hear the universal support for the repeal of this archaic and discriminatory provision. I understand that the current law has not actually been enforced for many years, and I realise that repealing the provision is out of scope for us today. However, I join my hon. Friend and the hon. Member for North Durham (Mr Jones) in urging the Government to find a way to deal with the issue, and to do so with some urgency. It is unacceptable that, albeit unused, this provision remains. In 2015, we are better than that as a society, and our armed forces deserve the framework they operate within to reflect that and the fact that the provision is unacceptable and derogatory.
Mark Lancaster
I have much sympathy with the basis for this new clause. Sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994 are clearly redundant. They have no practical effect and their existence is inconsistent with the Department’s policy on homosexuality within Her Majesty’s armed forces and the Government’s equality and discrimination policies more generally. We are very proud in the MOD of the significant progress that has been made over a comparatively short time in respect of support for lesbian, gay, bisexual and transgender staff. Since changes were made to the law in 2000 to allow homosexual men, lesbians and transgender personnel to serve openly in the armed forces, we have taken many positive steps. All three services now feature in Stonewall’s top 100 employers list.
We continue to engage widely to benchmark our activities in support of our LGBT staff, to ensure that we are doing as much as we can. In celebration of this year’s London Pride, the rainbow flag was flown over the MOD main building for the first time, while over 200 service personnel and MOD civil servants marched together.
It is clear, therefore, that this redundant piece of legislation in no way reflects the position of today’s armed forces, or indeed the position of the merchant navy, which is also included in those provisions. We would wish to repeal the legislation for both groups, but that is not possible in this Bill as the merchant navy falls under the auspices of the Department for Transport.
I am keen to repeal this legislation as soon as possible, and will undertake to update the House on this matter on Report. I have also discussed this with my colleagues in the Department for Transport, who echo the intent to review this legislation with regard to the merchant navy as soon as possible. On that basis, I urge the hon. Member for North Durham (Mr Jones) to withdraw his new clause.
Mr Kevan Jones
What we have had today is what we had in the Select Committee: universal agreement that this is not only redundant legislation, but is discriminatory and should not be on the statute book. I welcome the Minister’s commitment to look at finding a way to remove this. He has said he will report back on Report, and that will stop people pushing it off into a siding. I look forward to the Minister coming back with a way of changing this not only for the armed forces but, through the Department for Transport, for members of the merchant navy. With those comments, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Schedule agreed to.
Title
Amendment made: 2, line 2, after “discipline;” insert
“to make provision about war pensions committees established under section 25 of the Social Security Act 1989;”.—(Mark Lancaster.)
The Deputy Speaker resumed the Chair.
Bill, as amended, reported.
Bill to be considered tomorrow.