Armed Forces Covenant: Northern Ireland

Owen Smith Excerpts

Wednesday 7th March 2018 Commons Chamber

[Owen Smith (Pontypridd) (Lab)]

It is a great pleasure, and an honour, for me—as shadow Secretary of State for Northern Ireland—to respond to the debate on behalf of Her Majesty’s loyal Opposition. The fact that members of our defence team are not present implies no disrespect on the part of the Labour Front Bench. They will be coming along shortly, and I am sure that they will take great interest in the debate.

Let me make clear at the outset that we are 100% in favour of the armed forces covenant. It is an excellent measure, introduced by the present Government; they built on the superb work done by the previous Labour Government, whose initial military covenant was passed in 2000. It is an important part of the way in which we as a country acknowledge the excellent service, and sacrifice, of members of our armed forces, not only in Northern Ireland but all over the world. The Labour party is four-square behind it, and four-square behind its equal application throughout the United Kingdom.

I pay tribute to the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), who opened the debate so eloquently, for his consistent support for armed forces members and veterans, and for consistently raising the question of potential anomalies between the application of the covenant in Northern Ireland and its application in the rest of the United Kingdom, which he has done with great vigour and sincerity.

While I acknowledge the Minister’s contention that there might be security and political reasons for the different application of the covenant in Northern Ireland—which echoed what has been said by previous Conservative Defence Ministers—the reality is that some differences are not just about security and politics. There are administrative and legal differences between the framework in Northern Ireland and the framework in the rest of the UK, and there is the question of section 75 of the Northern Ireland Act 1998, which was raised by the right hon. Member for Lagan Valley and which I hope to address later in my speech.

It should also be borne in mind that there is a particular set of problems for some representatives of the armed forces. There are Northern Ireland veterans who went through traumatic times during their service, often related to the nature of the areas in which they served and the process of locating and relocating in communities. There are about 150,000 veterans in Northern Ireland, and the levels of post-traumatic stress disorder are higher than the average. The right hon. Member for Lagan Valley made some good points about the need for more support for the mental health of veterans. I am sure that the Minister heard what he said and will acknowledge that there should be better support, not just in Northern Ireland but across the board.

The central point of the speech made by the right hon. Member for Lagan Valley, however, was that section 75 of the 1998 Act militates against the equal application of the armed forces covenant in Northern Ireland. I know that the Government do not agree, and believe that the two are reconcilable. We share that view: we believe that it is possible for the covenant to be applied properly in Northern Ireland, and for that to be reconciled with the proper application of section 75.

The hon. Member for North Down (Lady Hermon) asked the right hon. Member for Lagan Valley whether the Equality and Human Rights Commission and the Northern Ireland Human Rights Commission took the view that section 75 needed to be amended to be consistent with the proper application of the covenant. The answer of course is that they do not take that view. They viewed it perfectly possible for the two things to be applied, and I know that because I had a meeting only this afternoon with the chief executive of the Equality Commission for Northern Ireland to discuss that very point. I further cite the view of a former Defence Minister, the right hon. Member for Hemel Hempstead (Sir Mike Penning), who has said that 93% of the armed forces covenant is being applied equitably in Northern Ireland.

I finally point to the view of the Northern Ireland Affairs Committee, because although we have not debated this issue in the House for four years, there was an excellent report by the Committee under the chairmanship of the hon. Member for Tewkesbury (Mr Robertson) that went into this issue in great detail. It assessed it and took a huge amount of evidence from all the bodies involved, and came to the conclusion that there are undoubtedly areas where specific policies applied in Great Britain are not implemented in Northern Ireland for the reasons I have mentioned—the legal, administrative, political and security differences—and other areas where there should be improvements, such as around access to IVF and mental health. I would be intrigued to know whether the Minister has anything to say about the changes to IVF cycles and the availability of them to former armed forces veterans, because the Government have previously promised to look at Northern Ireland versus elsewhere in that regard.

[Conor McGinn]

I have been robust in this House in my defence of the Good Friday agreement, and very occasionally my interpretation of it is slightly different from that of my hon. Friends from Northern Ireland, but on this matter I am very clear: not only is there not a contradiction between the full implementation of the armed forces covenant in Northern Ireland and the Good Friday agreement, but the logical outworking of the spirit of the Good Friday agreement is that veterans, their families and serving personnel are looked after.

[Owen Smith]

Of course, and equality is central to the Good Friday agreement, which is why it is so important that the armed forces covenant, which makes it clear that no armed forces personnel or their families should be in any way disadvantaged by virtue of their currently serving in, or having been in, the armed forces, must not in any way be out of keeping with the application of equalities legislation—section 75 in particular—which is absolutely critical to the underpinning of the Good Friday agreement. That is why I am so pleased to hear the Minister repeat the Government’s view that they do not think there is any need to amend section 75 because they believe the two things are entirely reconcilable.

[Lady Hermon]

Given the hon. Gentleman’s obvious support—and, I take it, his party’s support—for the military covenant throughout the United Kingdom and indeed for community covenants, I am curious about what is said when he meets representatives of Sinn Féin; I am quite sure he meets Sinn Féin MPs when they visit Portcullis House and Westminster, although they do not take their seats here. How often has the hon. Gentleman raised the military covenant and urged Sinn Féin to show more respect for the military covenant and the community covenant?

[Owen Smith]

I do, obviously, regularly meet all the political parties in Northern Ireland, including Sinn Féin, and I have raised the question of the military covenant and the perception that insufficient respect is paid to members of the armed forces in the way in which the community covenant in particular is applied, and I will continue to raise that in my conversations with Sinn Féin.

In conclusion, I shall refer the House to a few important remarks made in evidence to the Northern Ireland Affairs Committee on this question. It had much greater opportunity to debate this issue at length. One of those important pieces of evidence came from the former Northern Ireland Executive Minister Edwin Poots MLA of the Democratic Unionist party. He said that he took the view that

“no one is supposed to be treated better, and indeed, no one is supposed to be treated worse. Army personnel will not then be treated any worse than anybody else”,

making it clear that the point about the covenant is to guarantee that there is no disadvantage to armed services personnel in Northern Ireland or elsewhere.

[Sir Jeffrey M. Donaldson]

I thank the shadow Northern Ireland Secretary for giving way. I appreciate his comments. May I quote from a letter dated 15 December 2016 from the most recent Health Minister in Northern Ireland, Michelle O’Neill, who is now the leader of Sinn Féin in Northern Ireland? She wrote:

“The Armed Forces Covenant has been adopted by England, Scotland and Wales, to provide equal access to health care where it can be linked to military service, serving personnel, their families and those who leave the Military Forces. The Covenant has not been adopted here”—

meaning Northern Ireland—

“as health care arrangements are delivered on an equitable basis to all members of the community.”

That is a clear reference—I asked the Minister about this—to section 75. With the greatest of respect to the shadow Secretary of State, Sinn Féin’s view is that the armed forces covenant has not been adopted and that section 75 excludes its implementation.

[Owen Smith]

I can say with equal clarity to the right hon. Gentleman that the leader of Sinn Féin in Northern Ireland is wrong in that regard, because the armed forces covenant has been adopted in Northern Ireland and should be implemented. The Opposition are clear about that.

[Emma Little Pengelly]

Will the shadow Secretary of State give way?

[Owen Smith]

I will give way one more time and then draw my remarks to a conclusion.

[Emma Little Pengelly]

I feel the need to say strongly that the armed forces covenant has not been formally adopted in Northern Ireland. I was a special adviser in the First Minister’s office, working with Executive colleagues, and I sat down with and repeatedly asked Sinn Féin for the covenant to go on the Executive’s agenda and for it to be agreed. Sinn Féin refused time and again, not for any logical reason and not on the basis of equality, but due to its historical opposition to the British armed forces. I sat there and had those conversations. The armed forces covenant has not been formally adopted in Northern Ireland.

[Owen Smith]

The point is that this is clearly a politicised and, at some level, a political issue. Clearly, points are being scored on both sides of the divide in Northern Ireland. The key point I want to make is that the Government’s view, which we share, is that—

[Jim Shannon (Strangford) (DUP)]

rose—

[Owen Smith]

I am going to draw my remarks to a conclusion. The point is that 90% or so of the covenant is being applied properly in Northern Ireland, but there are some gaps. I have raised some with the Minister, and the right hon. Member for Lagan Valley has raised others. Mental health needs to be considered in particular.

In practical terms, the view expressed repeatedly to the Northern Ireland Affairs Committee when it assessed the situation is that the reality is that no material disadvantage is being suffered by veterans in Northern Ireland. In support of that conclusion, Colonel Richard Gordon of SSAFA said to the Committee that he did not think that there any disadvantages to the armed forces community in Northern Ireland in respect of the covenant, and Brian Maguire of the Royal British Legion said:

“I cannot point to a single case, in all the cases we have dealt with in our time, where I can say for sure that the individual would have been better treated had they been living elsewhere in the United Kingdom.”

The right hon. Member for Lagan Valley mentioned what an important institution the Royal British Legion is in Northern Ireland and elsewhere, and I completely support him. Alongside SSAFA, it is one of the most important organisations providing support to veterans, and it does not support the conclusions that he drew in his remarks. The Royal British Legion supports the conclusions that I draw, and we need the covenant to be implemented properly. I therefore support the Government in not changing section 75, because it is entirely consistent with the application of the covenant to Northern Ireland.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to do the winding-up speech in this debate. I congratulate my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) on setting the scene so well and on reminding us of the 300,000 people who have served in uniform since 1969. He also reminded us—we need reminding sometimes—that those people from Northern Ireland have served in Iraq, Afghanistan and across the world, so it is not just in Northern Ireland. He also mentioned post-traumatic stress disorder and the fact that the very high levels are much due to the 30 years of the troubles. He spoke about the need for veterans’ mental health and psychological problems to be addressed. The Royal Irish Regiment aftercare service also needs to be extended. He referred to the opportunities—equal opportunities and better opportunities —in housing, for victims and in education, health and employment, and he asked the Minister about the Government’s report and the appointment of a champion for Northern Ireland. We look forward to his answer.

The Minister for the Armed Forces, the right hon. and gallant Member for Milton Keynes North (Mark Lancaster), is still a reservist and is still serving in uniform. He is still fit enough to do so—I am afraid I am not, by the way—and it is good to know that he is totally committed to the armed forces. I gently remind him of my question from November 2016, when I referred to the armed forces covenant. He replied that 93% of the covenant was in place in Northern Ireland, but we need to see 100%. He also referred to the LIBOR funding and the good projects that come from that.

The hon. Member for Pontypridd (Owen Smith)—I am pleased that he is in his place—referred to the armed forces covenant and the support that he said he was giving for the military covenant. I remind him—I say this very gently and kindly to him—that we are not terribly happy about the comments that he made in our debate. I remind him that the former shadow Secretary of State certainly understood the issues relating to our commitment to the armed forces in Northern Ireland and the need for a full commitment. The next time he meets Sinn Féin, perhaps he will report back to the House and tell us exactly their thoughts on the need to have the armed forces covenant in place and fully part of what we are about. If he has time, he might also like to come and hear our point of view—I am not aware he has met the DUP parliamentary team in Westminster—and the quicker the better.

[Owen Smith]

I have, of course, met DUP Members, and I would be happy to do so again on any occasion the hon. Gentleman chooses. On the implementation issue, the reality is that the armed forces covenant does apply in Northern Ireland. As I said, there are some issues with implementation, but the semantic point that I think his colleagues were trying to make was that it was not fully endorsed by the Executive, for obvious reasons.

[Jim Shannon]

It is not about endorsement; it is about adoption and putting it 100% in place. That is what we want. I say gently to the hon. Gentleman that perhaps someday he will appreciate and understand what we are about.