Draft Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018

Michael Fabricant Excerpts

Wednesday 17th October 2018 General Committees

[The Parliamentary Under-Secretary of State for Defence (Mr Tobias Ellwood)]

I beg to move,

That the Committee has considered the draft Armed Forces (Terms of Service) (Amendments Relating to Flexible Working) Regulations 2018.

It is a pleasure to work under your chairmanship this afternoon, Mr Rosindell. I am impressed by the tier-1 calibre of MPs who have decided to join us to discuss this draft statutory instrument, which we have an hour and a half to debate in full.

I know that colleagues will have read the terms of service regulations, which are core to what we are discussing. The draft statutory instrument will make consequential changes to those regulations for regular personnel in the Royal Navy, the Royal Marines, the Army and the Royal Air Force. The changes are necessary to enable the Ministry of Defence to operate and manage part-time and restricted separation service, described collectively as flexible service, from 1 April 2019.

Hon. Members will recall that in February this year the Armed Forces (Flexible Working) Act 2018 became law, an historic common-sense step that will help to modernise the terms of engagement that we offer our people in the future.

[Michael Fabricant (Lichfield) (Con)]

Will the Minister give way?

[Mr Ellwood]

So early in proceedings—I would be delighted.

[Michael Fabricant]

I am grateful to my right hon. Friend. He might come on to this later, but my only concern with that flexibility is whether it will affect the readiness of the armed forces. I also wonder to what degree other countries have adopted similar practices.

[Mr Ellwood]

My hon. Friend is right. I will come on to that in detail, because it goes to the heart of our continuing to have a fighting capability while meeting the needs of modern society and the expectations of those people who join the armed forces in this day and age.

I am grateful that we had a lively and interesting debate in the lead up to Royal Assent in February. I was particularly pleased to note the overwhelming support for the concept of flexible service.

--- Later in debate ---

[Michael Fabricant]

I had a second part to my question about which other countries, if any, have adopted this practice.

[Mr Ellwood]

It is interesting that my hon. Friend mentions that. Australia and New Zealand have different models, and we are sharing our thoughts with other NATO nations. Clearly, this is a recognised step forward in the offering armed forces provide across the world, certainly as regards our allies. I expect a third intervention—but I shall continue.

I also noted during passage of the Act, and certainly during the debate in the House of Lords, that there was an understandable interest in the detail behind the main policy headlines, to examine whether the engine room driving such fundamental changes is fit for purpose. We have worked hard to design a system that will ensure that flexible service operates legally, fairly and efficiently, both for our people and their families who will benefit from the new opportunities and, importantly, for the chain of command who will manage them while continuing to deliver operational capability.

The Government are alive to the desire expressed in this House and the other place to scrutinise the fine detail that will enable flexible service to operate. That is why we have agreed that this important piece of secondary legislation, which we hope to introduce today, should be subject to the affirmative procedure.

Although the changes introduced by the statutory instrument will usher in new, modern opportunities for our people, they are already standard in the wider world of work. We have worked closely with the armed forces to ensure that they are balanced with the need to protect the armed forces’ ability to deliver operational capability—the point made by my hon. Friend. To be clear, that must be a red line for defence. I hope that my statement and our debate will demonstrate how people in the Ministry of Defence have appropriately balanced the overriding need to maintain the operational capability of our armed forces with the need to support those who deliver it, and their families, through opportunities for flexible service.

The regulations enable regular service personnel to serve part time and to restrict the number of days they can be required to serve away from their home base to 35 in any 12-month period. They set out the overall time limits for periods of flexible service and the application process, which is designed to be fair and efficient, enable service personnel to apply voluntarily for flexible service and empower the service to consider applications. However, they do not guarantee that any application will be successful. In addition, they outline the actions required by each party during the application process. Importantly, the process is designed to ensure that service personnel cannot have flexible service terms imposed on them.

There may be occasions when, a flexible service arrangement having been agreed, circumstances require changes to be made to it, either permanently or for a specific period. We have therefore set out the conditions under which a flexible service arrangement may be varied, suspended or terminated. In the interests of national security, we conclude that, in extremis, it is essential for services to be able to recall personnel to their full-time duties immediately, through either permanent termination or temporary suspension of the flexible service arrangement. However, that power will be used only sparingly, and only when a 90-day notice period would have an unacceptable impact. Individuals will also be able to terminate their arrangement with 90 days’ notice, or apply to suspend or vary it.

We want to give service personnel as much certainty as possible about any flexible service arrangement they enter into, because they would not apply if they felt the arrangement was likely to be cancelled without warning or explanation. However, we are clear that that must be balanced with service need above all else. We recognise that service personnel may not always get the outcome they hoped for when applying for flexible service. We therefore judged that it was right and fair to make provision for an appeals process. However, the scope of any appeal will be limited to the serviceperson requesting that the appeals authority reconsiders the decision they are unhappy with. Service personnel will be limited to one appeal against a decision. Outside that process, they will retain normal access to the service complaints system.

Hon. Members will note that the working detail beneath the main headlines I have outlined ensures that we will achieve our main policy aim of being fair and honest with those who work for us. We aim to give people access to new, modern flexible service opportunities, while recognising that we must maintain operational effectiveness, which is paramount.

Approving these changes will send a powerful signal to all our brave, loyal and dedicated armed forces and their families that we are on their side. It will be a major step in the journey towards the introduction of flexible service on 1 April 2019. As well as achieving their primary purpose of making changes to the armed forces terms of service regulations, these regulations will enable the finalisation of important related activities, including: the amendment of subordinate armed forces regulations, such as Queen’s regulations; the publication of a suite of policy guidance material for those who consider applying for flexible service and those who administer it; and the continuation of our comprehensive communications campaign, which will promote and explain flexible service but also manage expectations and not oversell it.

--- Later in debate ---

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

It is good to see you in the Chair, Mr Rosindell. I welcome the draft regulations, and I do not think there will be any disagreement about their approval.

As someone who comes from a forces family—my brother is in the Royal Scots and my nephew has just passed out from the Royal Engineers—I am very aware of how a flexible approach to service can improve not only recruitment but retention, as the hon. Member for Aldershot mentioned. I am also aware of its impact on readiness, which was discussed only a few moments ago.

For those who do not know it, flexible working actually works. One needs to look only across the North sea at the kingdom of Denmark, where it works so well that people find it difficult to leave the armed forces. Not only does Denmark have good recruitment, but the arrangements are so good that people actually want to stay in the armed forces. We have recruitment and retention challenges at the moment, so I am sure everyone welcomes the approach the Minister outlined. We must be clear that it builds on the commitments in the 2015 SDSR, and I hope it is continued in the fast-approaching 2020 SDSR, which is not as far away as everyone thinks.

[Michael Fabricant]

I am slightly confused. Although I very much welcome the hon. Gentleman’s positive approach to the draft regulations—I loved his comparison with Denmark, which I know well—I do not see how these changes would work with the Scottish army if Scotland became independent.

[Martin Docherty-Hughes]

The last time I looked, this was the Parliament of the United Kingdom of Great Britain, which has enough problems with retention and recruitment. One need only come to the meeting of the Select Committee on Defence next door in 10 minutes to find out about the issues with defence recruitment and retention. The Minister himself eloquently discussed those issues in front of that Committee, for which he is to be commended. After independence, I will be more than happy to come and give evidence as a Member of an independent sovereign Parliament at Holyrood.

Before I was sidelined by that diversionary tactic, I was going to say that the draft regulations show a sense of forward thinking from the Minister and his officials. They show how we can make changes to people’s quality of life. In the context of the problems with CarillionAmey, housing and so on, this is one area in which we have stepped forward to recognise that flexible working can improve the lives of service personnel, regardless of gender, and those of their families.

It would be ridiculous for me to say we do not still have far to go. For instance, this is the only state in Europe in which serving personnel do not have a contract. It would also be remiss of me not to say that although this is a great step forward, I hope Ministers and other Members will support my private Member’s Bill on an armed forces representative body, which would allow our armed forces to speak with one strong voice, when it comes to the Floor of the House in November. However, I congratulate the Minister on bringing forward the draft regulations.