Commonwealth Personnel in the Armed Forces

Paul Sweeney Excerpts

Wednesday 8th May 2019 Westminster Hall

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

I beg to move,

That this House has considered fair treatment for Commonwealth personnel in the armed forces.

I am pleased to have been granted this debate today, Mr Sharma, and to speak under your chairmanship. I thank right hon. and hon. Members who have joined us for today’s debate.

We often speak in this place about the need to support veterans and their families after they have served our country. However, there is now clear evidence that the Commonwealth personnel serving in the armed forces are being left behind. It is a duty of this and any Government to support all those who serve in the armed forces, including those from Commonwealth nations who serve with distinction alongside their comrades from the UK and Ireland. Commonwealth citizens have long made significant contributions to the defence of the United Kingdom, including during the first and second world wars. They continue to play an important role in the UK armed forces, serving in operations worldwide.

The tradition of soldiers recruited from across the Commonwealth and other former colonies serving in the British armed forces is the legacy of a time when Britain had an extensive military role in garrisoning and policing the largest empire in the world. Indeed, the Brigade of Gurkhas has celebrated over two centuries of continuous loyal service to Britain, initially under the command of the East India Company from 1814, then within the British Indian Army from 1895, and continuing within the British Army after the 1947 decolonisation of India until the present day.

Commonwealth soldiers, like all members of the armed forces, are prepared to sacrifice their lives for the defence of our country. I believe that all armed forces personnel, regardless of their background or country of origin, should be treated equally and with gratitude. Much like ordinary civilians, Commonwealth soldiers are being unfairly treated by the Home Office, which is not doing enough to end the hostile environment it has created at immense cost to society. Given the ongoing recruitment crisis and the Government’s recent decision to recruit more Commonwealth personnel, it is all the more urgent that the Government review any recruitment barriers. The Labour party recognises the immense debt that we owe to all personnel, veterans and their families, and the need to ensure that they have the very best support. Today, I call upon the Government to do the same.

According to the Royal British Legion, over 6,000 personnel from foreign and Commonwealth countries are currently serving in the UK armed forces, with more recruited each year to fill technical and specialist roles. In 2018 the Army employed approximately 4.5% of its personnel—or 5,290—from foreign and Commonwealth nations. Although the Army has been the main recipient of Commonwealth recruits, the Royal Navy and the Royal Air Force also recruit from Commonwealth countries. The majority of those recruits come from countries in Africa, the Caribbean, Nepal and Fiji in the Pacific; they are also generally concentrated in non-commissioned ranks and within infantry units. That is despite the Conservative Government cutting the size of the regular Army from a peak of 114,000 in 2010 to a target size of 82,000 by 2020, and privatising recruitment to a company called Capita in 2012. However, in July 2018 the Army was 5,600, or about 7%, short of the number of regulars needed, and it is highly unlikely to meet its target headcount for 2020.

The Army and Capita have not recruited the number of regulars and reserves needed to sustain the required headcount in any year since the contract began, even though that headcount has been heavily reduced. The total annual shortfall has ranged from 21% to 45% of the Army’s annual requirements. To illustrate the contrast, in the two years before the contract with Capita began, the annual shortfall was just 4%. In late 2018 the Ministry of Defence announced its intention to increase further its reliance on Commonwealth personnel, as home recruitment continues to chronically underperform. It aims to recruit 1,350 personnel per annum, including expanding the Brigade of Gurkhas by more than 800 posts and extending the right for women to join, too.

However, the immigration status of the Gurkhas and other Commonwealth personnel has been a significant matter of contention over the past two decades, led most notably by the Gurkha Justice Campaign. Until 2004, Gurkhas were not allowed to settle in the United Kingdom. The Labour Government under Tony Blair changed the rules to allow Gurkhas who retired after 1997 to settle in the UK, because 1997 was the year in which the Gurkhas’ brigade headquarters transferred from Hong Kong to Britain. In May 2009, following a campaign by Gurkha veterans, Gordon Brown’s Labour Government announced that all Gurkha veterans who had served four years or more in the British Army before 1997 would also be allowed to settle in Britain.

It seems to me extraordinary that our country placed such barriers to citizenship in the way of those who served this nation so gallantly in the first place. In my opinion, this situation reveals a latent neo-colonial mentality in the Ministry of Defence and the Home Office when it comes to championing the equal right of those who have served us in uniform to become British citizens.

Commonwealth personnel are exempt from UK immigration controls throughout their service, but that exemption is removed immediately upon discharge. Former personnel who wish to stay in the United Kingdom indefinitely, whether with their family or alone, are required to apply for indefinite leave to remain. In alignment with civilian applicants for indefinite leave to remain, veterans are subject to several requirements, including four years’ qualifying residency in the United Kingdom—which, of course, is obtainable via four years’ service in the armed forces. However, veterans are also subject to a non-refundable fee of £2,389 per person. Fees for indefinite leave to remain have risen by 127% in the past five years, to £2,389 per person—since they were introduced in 2003, those fees have risen by 1,441%. The Royal British Legion has said that it provided £36,000 in grants over the past year alone to help pay for those visa fees, which is money that could have been spent on any number of better and more direct veteran support services. What an appalling diversion of time, effort and resource.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I congratulate my hon. Friend on securing this important debate. As he rightly highlights, Commonwealth soldiers have long made significant contributions to the defence of our country, including during the first and second world wars, and they continue to do so to this day. However, they are now being charged exorbitant fees by the Government when making Home Office applications, which is frankly appalling given their immense sacrifices. Does he agree that it is high time the Government ended the hostile environment that they have created?

[Mr Sweeney]

I thank my hon. Friend for that contribution, and for reiterating the frustration that many feel about the Government’s wrong-headed position.

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

I am slightly conscious of the manner in which the debate is already going. I simply interject about the use of the words “hostile environment”, because I hope that there will be cross-party consensus on where we want to take this issue. I invite the hon. Member for Glasgow North East (Mr Sweeney) to urge caution on such language. The fees for those from the Commonwealth who serve in our armed forces are the same fees that everybody must pay, no matter where they are from. Those people are not being targeted, and nor are those fees part of any form of hostile environment. I simply invite the hon. Gentleman to keep the debate as elevated as possible, rather than getting down into some political rut.

[Mr Sweeney]

I thank the Minister for his sentiments. The term “hostile environment” is born of persistent and comprehensive observation of the behaviour of the Home Office across a number of different fronts. It does not pertain particularly to service personnel; that is merely another permutation of how it harms quality of life, including that of our armed forces personnel. I am encouraged by the Minister’s aspiration to reach consensus on this issue, which I share, but I also acknowledge that there is a significant problem within our immigration system. I believe that our armed forces personnel should be treated as exceptional cases. That is the thrust of my argument today, which I will elaborate on further as we go forward.

I share the concerns of my hon. Friend the Member for Slough (Mr Dhesi) about the costs associated with service leavers applying for indefinite leave to remain. A service leaver who wants their partner to join them with indefinite leave to remain faces a bill of £4,778 to continue to live in the UK, even before children and further dependants are taken into account. Furthermore, immigration rules state that a foreign worker must earn an income threshold of £18,600 to apply to bring their spouse to the UK. In addition to that £18,600 threshold, the minimum income requirement to bring over one child is £22,400, with an additional £2,400 for each child thereafter. To put that into context, a soldier’s basic pay after training is just £18,600 a year; as a single person, they are right on the threshold.

It is difficult to understand just how vital the support of friends and family is to serving personnel who, during tours of duty in conflict zones, work antisocial hours in conditions that are often appalling. Impeding the opportunity for those who serve to have their families living with them, providing that close emotional support, seems to me particularly callous. Considering the general concentration of Commonwealth troops in the lower ranks, and the fact that they require permission from their superiors and commanding officers to take up weekend work in order to earn sufficient money to achieve those income thresholds, doing so can be exceptionally difficult and put those troops under significant emotional hardship.

The Army Families Federation, which has also been investigating the issue, believes that up to 500 troops are affected. The AFF told The Times that it has been contacted by around a dozen soldiers separated from their children, and that Army chaplains and welfare officers have reported tearful troops in despair over their situation. There are also concerns that Commonwealth soldiers are not always aware of the issues prior to joining the UK armed forces, and it comes as a very unwelcome and distressing shock when they realise the limitations they face.

A recent Defence Committee report recognised that the vast majority of veterans leave the services with no ill effects. It is important to acknowledge that reality, but the report maintained that although the Government have made improvements in the care available to personnel leaving the armed forces, it was none the less the case that

“some serving personnel, veterans and their families who need mental health care are still being completely failed by the system.”

That is not good enough. It might not be typical, but it is certainly not good enough.

For some Commonwealth veterans who struggle with mental health, there is also a serious threat of deportation in addition to any other concerns they might have. I have spoken several times of the struggles that many veterans experience with their mental health. It has often been discussed in debates—some familiar faces are here. I have personal experience of people who have suffered and been affected by those problems. As I have mentioned before, the Royal Regiment of Scotland lost four soldiers and ex-soldiers last year through a spate of suicides. That caused great concern and worry about what that meant for the wider generation of soldiers who have served on operations in recent years. Reflecting further, more than 70 veterans have taken their own lives in the past year, which is very troubling. The death toll has exceeded the number of battlefield fatalities in 11 of the 13 years that British forces were operational in Herrick in Afghanistan. That is a pretty devastating statistic.

Four in 10 service families who have requested access to and been referred for mental health care have had difficulty accessing that treatment. That is not good enough and we need to do more. Many of our veterans experience great frustration when it comes to mental health support. Having approached people to get that level of support, they do not get the level of rigour that they deserve, leading to the despair we have seen, culminating in spates of veteran suicides. No veteran deserves that—not those originating from the UK, and not those from the Commonwealth. It is heartbreaking that some individuals could have their mental health affected by the lingering threat of deportation and immigration concerns after retiring from the armed forces.

I was pleased to see that a cross-party group of more than 130 MPs, co-ordinated by my hon. Friend the Member for Bridgend (Mrs Moon) and the hon. Member for Gloucester (Richard Graham), have written to the Home Secretary calling for the fees to be scrapped. I would like to add my late support to that today. I did not have the opportunity to sign the letter itself, but I thoroughly endorse its sentiments. The letter is indicative of the scale of the problem and the groundswell of support from Members from all parties who want to see this issue gripped and properly addressed with the greatest sense of urgency.

I will therefore finish with some direct questions to the Minister. First, will he speak to the Home Secretary and the Home Office to secure a reply to the cross-party letter on the issue of visa fees, because Members are yet to receive a reply? Will the Government do the right thing and immediately scrap visa fees for armed forces veterans applying for indefinite leave to remain and, furthermore, grant them the unique right to apply for immediate British citizenship without limit of time? Finally, will the Government, in recognition of the huge debt we owe to our veterans, issue an apology to the veterans from the Commonwealth and their families who have been forced to pay these extortionate fees, despite their service to our country, and set up a mechanism to compensate those who have suffered financial detriment?

The Windrush scandal and ongoing examples of the Home Office’s policies in this regard demonstrate that our asylum and immigration system is badly failing and appallingly lacking in compassion and efficiency. Anyone who represents constituencies with a large population of immigrants or people seeking asylum will be all too aware of how the Home Office treats them. The situation with service personnel is just the latest manifestation, harming the very people who are prepared to make the ultimate sacrifice by laying down their lives in defence of our country. The very least we can do in recognition of their service is to grant them and their families the right to full British citizenship at the end of their service and to bring true equality to all those who serve in our armed forces, regardless of their country of origin.

--- Later in debate ---

[Mr Sweeney]

I congratulate all right hon. and hon. Members on the excellent, insightful and, in some cases, very moving contributions they have made about their own experiences. The key is recognition of the service of Commonwealth soldiers, Gurkhas and others, who serve this country with great gallantry and bravery. The notion that their service or welfare could be undermined by the restrictions and impositions of the Home Office must be addressed with the greatest urgency. It is important that this House has recognised those concerns, and I welcome the spirit of the Minister’s approach to the debate as well as his sentiments.

The hon. Member for Gloucester (Richard Graham) noted the potential knock-on effects on other Government Departments—it relates to the police and the national health service in particular—and how special exemptions for the armed forces might bleed over into challenges. I strongly echo his sentiment: the armed forces are a special case and, frankly, we as a nation should have the common sense to recognise the unique nature of their contribution and the gallant nature of their service, which is quite unique, compared even with the police. We ought to introduce special exemptions as a matter of urgency.

The Minister said that he is in discussions with the Home Office about the income thresholds. That is a welcome measure—to everyone—but a wider concern is the continuing cost of visas. It seems unacceptable to me that a veteran bringing, say, three dependants into the UK can be subject to a cost of £10,000. That seems thoroughly unreasonable. We would welcome the Minister considering the recommendation to amend the immigration and nationality fees regulations as a short-term measure to exclude recent members of the armed forces and their dependants from such costs. We are talking about some 500 people a year, which would not be a massive or onerous cost.

The Royal British Legion has stated that it spends thousands and thousands of pounds, from its own money, supporting veterans with those costs, and I am sure that many of those who donate to the RBL will be frustrated to learn that the money they donate goes back to the Home Office in fees—not a particularly useful way to spend their funds. To dispense with those fees altogether would be better and more efficient. I hope that is another aspect of the Minister’s discussions with the Home Office of a more sensible approach.

I welcome the sentiments expressed today, and there has been great consensus in the Chamber about how we need to proceed. I look forward to following developments closely.

Question put and agreed to.

Resolved,

That this House has considered fair treatment for Commonwealth personnel in the armed forces.