Armed Forces Covenant Annual Report

Rachael Maskell Excerpts

Thursday 7th January 2016 Westminster Hall

[Rachael Maskell (York Central) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Brady. Governments ask a lot of those who serve in our armed forces, so we need to ensure that both regulars and reserves, and their families, are well served by Government. It is therefore vital that the Government respond to their needs. I welcome the fourth report on the armed forces covenant, which Labour was so proud to instigate when in government, and I welcome today’s debate, called for by the hon. Member for Berwick-upon-Tweed (Mrs Trevelyan). The armed forces covenant is on a journey and is constantly in development. It is right on such occasions that we take stock of where we have come from and consider where we can travel to.

Before I respond to the debate, I want to pay tribute to the work of our armed forces, not least this Christmas when they played a vital role at home in supporting flooded communities. I can give testament to the excellent service they provided in my constituency of York Central through the height of the floods. I thank Brigadier Gerald Strickland, commander of the 4th Infantry Brigade, for his leadership and also York’s local signal regiment. Many men and women are also serving in the most dangerous parts of the world, and we pay tribute to their professionalism and skill as they serve their country.

Ensuring that the families of personnel are supported with good services, from housing to health, is one of their greatest concerns when serving overseas. We have all heard stories from personnel about how, before taking part in operations, they are concerned more about whether the shower at home has been fixed than about the dangerous, high-risk situations they are about to face. As we debate the armed covenant and as we look forward, we must ensure that we focus on our service personnel’s peace of mind and ensure that they can be focused in times of duty because their families are supported at home. From spending time with service personnel, with their families and with many charitable organisations, including the services families federations, we know that more needs to be done to ensure that both regulars and reserves receive the very best support.

The armed forces covenant is a mechanism to ensure that no detriment is suffered by our service personnel, but we have also heard in today’s debate about whether we should take the opportunity to champion their needs. The hon. Member for Tonbridge and Malling (Tom Tugendhat) mentioned the scope of the covenant and whether it should be increased, bringing in interpreters, contractors and those who have come from overseas to serve in the British forces, so that we can work out how best to honour their service.

The armed forces covenant is a covenant for four nations. We heard about best practice in Wales, including representation on all health boards, bringing in awareness of the needs of service personnel, and the mental health self-referral system for victims of PTSD. At a time when so many people have ongoing mental health needs, it is important that we take that into account. We also heard about some of the challenges raised so articulately by the hon. Member for South Antrim (Danny Kinahan), including ensuring that the covenant is applied without representation on the reference group. We all want the hon. Gentleman to have as much support as possible so that he is able to further the covenant in Northern Ireland. Speaking of best practice, the hon. Member for East Renfrewshire (Kirsten Oswald) mentioned the work being done in Scotland with the first Scottish Veterans Commissioner and some of the specialist services in mental health, prosthetic care, education and housing.

Let me turn to healthcare, specifically mesothelioma, which is a pressing issue, as many with the disease may not have long to live. Labour tabled an amendment to the current Armed Forces Bill to ensure that compensation for those with the disease matches what all other civilians receive. I know that the Minister is sympathetic to that, and I would welcome an update ahead of the Bill’s Third Reading next week on the progress made.

The covenant report rightly highlights the investment in specific services, from audiology to wheelchair provision, but one of the challenges faced by charitable and specialist organisations when providing healthcare is navigating the NHS, which has become far more complicated since the reorganisation following the Health and Social Care Act 2012. Instead of trying to engage in dialogue with over 200 clinical commissioning groups, there must be a smarter way for specialist services to deal with the NHS. I therefore ask the Minister to consider whether NHS England could be the focal point for organisations that are trying to provide such services. Many organisations, whether they deal with physical or mental health, have said that they are having multiple conversations, and it would be helpful if we could find a smoother way.

Continued reports of expedient access to treatment—which we have heard a lot about today—are also an important part of the challenge. We have received reports that people are waiting, whether for a transfer from one service to another due to relocation or just on waiting lists. We must ensure that dealing with the needs of both veterans and serving personnel, and their families, is expedited. It would be helpful to get more reports on the waits that people are experiencing in prosthetic care, wheelchair adaptation and access to mental health services, which can vary across the country. The current waits are unacceptable and can make situations worse. If someone receives an injury, they should be prioritised, not only for the duration of their service but for life, as the hon. Member for Plymouth, Moor View (Johnny Mercer) highlighted in his contribution. What mechanisms are in place for monitoring veterans’ waiting times and what more is being done to help them to access services?

The Minister has done much to focus on mental health, and Combat Stress is playing a vital role in providing information and crucial research for better understanding of mental health needs and how to address them. Key to that is securing good tracking of veterans, which is a real challenge. What progress has been made in tracking those who have left the services—for example, by maintaining a database of their information to allow for continued communication?

[Mr James Gray]

The hon. Lady has been talking a great deal of sense—up until now. I take slight issue with her on the notion of a database. So many bureaucrats love to come up with databases, but we are potentially talking about many millions of people who are constantly changing their way of life, address and everything else. Trying to keep any kind of updated central database is therefore virtually impossible. It would be much better to rely on regimental and local support services to keep track of the people from their own units.

[Rachael Maskell]

I thank the hon. Gentleman for his intervention, but tracking veterans and providing a continuum of service to those who have served is a real issue about which I have spoken to many organisations. I am not saying that the mechanism for doing so has to be at a governmental level—it could be regimental—but it is important for data access, research, and monitoring and overseeing the welfare of former personnel. Too many are slipping through the net, often because of constant changes of address due to their having no fixed abode or having to change locations. It is really important that, as part of our duty of care, we are on top of who they are and where they live.

Much needs to be done to support the mental health of service personnel, as has been highlighted today. We are asking for all serving and former members of the armed forces and their families to have better access to mental health assessments and services. The health service, in particular for mental health, is challenged at the moment, as we know from our constituencies, whether in delivery, capacity or prioritisation. Further investment is important, in particular in personnel.

We cannot depend on an individual presenting themselves for support, because that is often late in the day, when further treatment is needed and further damage has already happened because of the delay. We are changing attitudes to mental health culturally, with better understanding coming more to the fore, but it is vital to take a more proactive approach towards mental health, moving upstream with it and ensuring that the needs of service personnel and their families are seen as a priority. We should provide the opportunity for assessment continuously, because early intervention can make such a radical difference to outcomes.

The public health agenda, although not mentioned in the report, should be a focus of Government attention. Alcohol use in the armed forces is a major concern and many veterans experience difficulties with substance abuse, so far more needs to be done to address public health concerns. Will the Minister develop a public health strategy for the armed forces to focus on the main pillars of public health? I was heartened to hear what my hon. Friend the Member for Bridgend (Mrs Moon) said about the free swimming initiative in her constituency, but a public health strategy right across the services would be helpful, because so many people would benefit. Prevention of poor health is vital, and with the right investment we can save lives. Again, it is time to move upstream and to be proactive about the health agenda.

Much is being done on education, as the report highlights. The itinerant nature of work in the armed forces, however, has an impact on young lives. Moving families from base to base has consequences. In discussion with service personnel, I have found that many appreciate the benefits of their itinerant work and enjoy living in different communities, but many families find it disruptive, not least for their children’s education. One solution is highlighted in the report, but it is also important to think about other opportunities for families to have stability in a community.

Many service personnel have asked me—and I ask the Minister—whether it is necessary for their work to be as itinerant as it is currently. Can more stability be provided, so that families stay far longer on one base? If so, children could have greater stability in their education and social networks, and spouses and partners could have greater stability of employment. Education is a lifelong issue and something on which the armed forces are very focused. Beyond the plans in the report, will the Minister also look at increasing opportunities for spouses and partners to engage in lifelong educational opportunities? They give so much to support those in the services and their children, but they should also be given a greater opportunity to develop their own careers. The itinerant nature of the forces militates against career opportunities for the wider family.

Transition issues are also vital. Many leave the services and find that their plan for the future fails, so they might need to revisit their opportunities for an exit or transition strategy. I am therefore asking for continuous access to educational opportunities for veterans, so that even if their plans go wrong, they can come back to get back on course. We want those transitional opportunities to be seen as longer term.

Many points have already been made about housing, but there are so many service personnel who want security for a home. Increasing demand for home ownership has been addressed with the Help to Buy scheme, which we welcome, but for some it is still inaccessible because of the level of income necessary or because of priorities at their stage of life. There are equity share schemes, but will the Minister also consider a rent-to-buy scheme? That is very much part of Labour’s wider housing agenda, but I suggest it as another option in this housing portfolio.

The maintenance of service housing has been raised with me on a number of occasions. Companies have sometimes not been as good at fulfilling their contracts as perhaps they should have. What mechanisms are in place to monitor such contracts to ensure that they are fulfilled and that work is carried out in a timely way? Government need to provide scrutiny of the process, because so many personnel are concerned about what is happening at home when they are away.

I want to touch on the corporate covenant and then the community covenant. Engagement with the corporate covenant has increased. Seven hundred companies are now signed up, so the momentum is picking up, but that number is quite small in the scale of things. The hon. Member for Berwick-upon-Tweed also made that point, but engagement with the corporate covenant cannot be seen as tokenism either. The hon. Member for Plymouth, Moor View was right to say that it must go beyond that and have real meaning.

In addition, all commercial companies that the Ministry of Defence procures from should be obliged to sign up to the corporate covenant under a mandatory social clause in MOD contracts. If a company is to gain from the MOD, it should also make a commitment to the services through the corporate covenant. I have been given examples of companies employing people working on MOD contracts that have not served reservists well on their return to the company. I would like the Minister to look at that. We believe a social clause would strengthen relationships and understanding of service personnel and bring greater synergy between service-provision companies and the armed forces. We think it should be extended to subcontractors, too.

The community covenant has received support from all local authorities, although I note the exception in Northern Ireland and hope for progress there. The vague nature of the relationship needs to be developed. I note the review due in March, which will be vital to assess the covenant’s effectiveness. On top of that, sharing best practice among local authorities and promoting greater dialogue between them could place the covenant on a stronger footing. That is what we want to see, so that a real community of people oversee the covenant in the future.

The report emphasises the work that the Government have done with veterans who end up in the criminal justice system. It highlights how the needs of veterans appear to be akin to those of the general population, yet we know that the exposure to trauma and other trigger factors can be significantly different. We would therefore like services for veterans to be more proactive in supporting vulnerable veterans who have additional needs by providing for relevant early interventions to assist with managing the challenges in their lives, whether those are mental health issues, substance and alcohol-related issues, or issues relating to their conduct and behaviour.

That point also holds true for conduct within the family home. Many who serve in the armed forces can experience or be at risk of experiencing challenges in their relationships, and tragically that leads on occasions to domestic incidents. Instead of taking a reactive approach to such incidents, a proactive support mechanism could benefit families and would enable greater recognition of the risks that can arise and more support to be provided at an early stage.

Finally, I want to turn to advocacy. While we very much welcome the increased role of the armed forces ombudsman—that is really important—we know that many still do not raise concerns that occur as a result of their duty. I would therefore like to know how the Minister sees the advocacy framework developing in the future. We have heard clearly from the hon. Members for North Wiltshire (Mr Gray) and for Tonbridge and Malling about the changing nature of the challenges facing service personnel after their duty. It is therefore important to understand the advocacy support available to individuals now and in the future to take forward issues, from a first instance of bullying through to serious accusations about the situations they have dealt with in combat.

To conclude, I have raised a number of issues to help take the covenant forward, but there has not been time to raise everything today. This has been an excellent debate and I look forward to the Minister’s response.

--- Later in debate ---

[Mark Lancaster]

There probably is an argument for that, but my hon. Friend will be as aware as I am that the previous Government made the proactive move to change the nature and structure of debates in this place by allowing much greater flexibly for Back Benchers to dictate what should be discussed. However, in so doing, that equally restricted the amount of time for the Government to deliver their business. It is therefore down to the will of Parliament to have such debates and today is a fine example of that genuine need and will. Therefore, on balance I am fairly content with the situation, because that Government gave Back Benchers greater flexibility, which is something that previous Governments did not. That is my view—I hope that is clear.

The principles are: the armed forces community should not face disadvantage compared with other citizens in the provision of public and commercial services; and special consideration is appropriate in some cases, especially for those who have given most, such as the injured and bereaved. The armed forces covenant annual report 2015 is the definitive document of what we have done to uphold those principles and is the fourth such report. It sets out what we have achieved, but it is also an opportunity to explain our priorities for the coming year. Let me be clear that it is certainly not an opportunity for us to rest on our laurels; it is an annual report of the continuing efforts to strive to improve on the military covenant. I view it simply as a starting point for further progress.

I will say a few words on contributions to the report and the implementation of the covenant. Delivering the covenant is a national responsibility involving the whole of Government, local authorities, industry, service charities and of course the public, who provide vital support and recognition for our armed forces. It is only right that I pay tribute to the representatives from all of those groups who have helped meet the commitments in the armed forces covenant in the last year. I genuinely thank them all. However, I would particularly like to recognise and thank those charities who work so tirelessly in support of our armed forces. Their efforts are indicative of the whole nation’s support for our armed forces community.

Our priority this year was to tackle the areas where the armed forces felt most disadvantaged: family healthcare; children’s education; spousal employment; housing and local services; and commercial support. The report sets out the measures we have taken to address concerns in those areas.

A common theme in contributions and perhaps that which hon. Members focused on the most was the relationship with the national health service and access to healthcare. Indeed, I will happily say that that is the area on which I have spent most of my time. I am delighted to say that I now meet the Under-Secretary of State for Health, my hon. Friend the Member for Ipswich (Ben Gummer), on at least a quarterly basis to discuss areas where we can work together on that. Of course, the national health service in England and in the devolved parts of the UK is responsible for delivering healthcare to veterans, but equally the MOD has a duty to engage constantly.

To some extent we are asking whether we have proper buy-in. I think that we do, certainly to the extent that we have managed to embed the covenant’s principles into the NHS’s constitution in England. That positive step will hopefully ensure that veterans and their families are not disadvantaged in accessing health services where they live. It remains the case that veterans should receive priority treatment, subject to the clinical needs of others, relating to a condition resulting from their service in the armed forces. I can only say again that if any hon. Member has evidence that that is not happening, I encourage them to get in contact, because I would like to hear from them.

A couple of other issues relating to health were raised. With regards to osseointegration, I am pleased that through close collaboration with Blesma we have now moved to establish a pathway for veterans who can now go back to Headley Court. That is a positive step and I look forward to seeing how that develops over the coming months and years.

My hon. Friend the Member for Berwick-upon-Tweed, who opened the debate, referred to updating electronic records. While I am pleased that since, I think, 2013 the armed forces have had an electronic record system, we are seeking to upgrade that system to allow an easier transfer of those records to the national health service. As part of that process, veterans will effectively be flagged so that they are easily identifiable. I cannot give her an exact timetable as to when that work will be complete—we all understand that Governments have faced challenges in the past on electronic systems—but I understand that work is progressing well, so I hope that we will not have to wait too long for that.

Equally, mental health was raised by several hon. Members. That is an area of particular interest to me: the first charity I visited when I became the Veterans Minister was Combat Stress. While there is some debate, there does not seem to be any particular evidence that veterans or members of the armed forces suffer a higher rate of mental health problems than the general population. However, we recognise that that is an issue and, where mental health problems do occur, I am determined that the highest standard of support should be made available. Indeed, it is.

To that end, I am delighted that we have implemented every recommendation of the “Fighting Fit” report, written by my hon. Friend the Member for South West Wiltshire (Dr Murrison). In addition, more than £13 million from LIBOR funds has been awarded to programmes supporting mental health in the armed forces community. That is an area I intend to continue to focus on and on which I would like progress to continue to be made, because I recognise its importance for colleagues across the House.

On children’s education, we have amended the school admissions code to prioritise service children and service families, so that they can now apply for and be allocated school places before they move to the area. That positive step is helping to reduce the effect of short-notice deployments on children’s education.

The hon. Member for York Central (Rachael Maskell) raised the issue of spousal employment. She will be delighted to hear that we have launched a two-year trial to give service spouses additional employment training and support. Indeed, I visited one such trial in Cyprus recently and was very impressed. There are now also dedicated armed forces champions in every jobcentre region.

On commercial disadvantage, with the greatest respect to my hon. Friend the Member for Plymouth, Moor View, he was slightly dismissive of our recent progress in getting the four main mobile phone providers to agree that service personnel and their families can pause their contracts when posted overseas. I was very much involved in the process to get that agreement, and it did not seem like a minor step. I am delighted that we are now in this position and can only thank the providers for their support. These small steps, when taken slowly and added together, provide the progress we all need. I know it does not simply stop here; we need to continue to improve the support we offer, and I am determined to do so.

The annual report includes unedited comments from key representatives of the armed forces charities sector and the three service families federations, which I meet on a regular basis; I enjoy that, and it is a valuable experience. That ensures the report is accurate and gives a clear indication of where those groups think further action is required. Ministerial colleagues are due to meet with representatives from those groups next week, to discuss their feedback. This is a cross-government effort.

I have listened intently to the points raised today and hope to demonstrate to colleagues that their points will be taken into consideration as we move forward. To that end, I would like to update Members on our priorities for next year. Improving delivery of the community covenant will be key. While I do not favour legislative targets, we have committed to review delivery in order to identify best practice and robustly promote that across local authorities.

Recognising the importance of independence in the review, we are collaborating closely with colleagues in the Department for Communities and Local Government, the Local Government Association and the charitable sector to meet our shared objectives. I addressed local authorities at the community covenant conference in November, and I will continue to work with the chair of the LGA, Lord Porter, to ensure that local authorities understand their covenant commitments and are committed to improving the support they offer their local armed forces community. Equally, as Members of Parliament, we have a responsibility to ensure that local authorities in our constituencies are doing their bit.

To respond to the hon. Member for Bridgend (Mrs Moon), who is no longer in her place, I understand that many local authorities publish their reports online and help to share their best practice. I certainly encourage all local authorities to do that. I intend to speak at next year’s LGA conference in order to do just that and to raise many of the points that Members have raised today.

I will move on to Northern Ireland—the hon. Member for South Antrim (Danny Kinahan) looked up when I said that. I was impressed by and enjoyed listening to his very moving speech. Delivery of the covenant extends, of course, to the whole of the United Kingdom. The annual report includes input from the Welsh and Scottish Governments and the Northern Ireland Executive. It is important that we continue to work together to ensure there is universal support for the armed forces wherever they work and live, and that must extend to the whole of the United Kingdom.

I have listened to the concerns regarding delivery of the covenant in Northern Ireland. I was delighted that two local authorities in Northern Ireland signed a community covenant last year. That is clearly a big step forward, but we need to ensure that support extends across the region. In 2013, the Select Committee on Northern Ireland Affairs assessed that over 93% of covenant measures applied in Northern Ireland. It is sensible that in 2016 we update our assessment of how the covenant is being delivered in Northern Ireland and look at the areas where we could do more. That will be a priority. However, I do not believe Northern Ireland should be treated any differently to Scotland, Wales and England; our focus must be on improving delivery for all. To that end, I intend to visit Northern Ireland shortly to see what more I can do.

I have regular meetings and discussions with the hon. Member for South Antrim, who is a dear friend, colleague and veteran—I was going to say he is a fellow veteran, but I am still serving—of service in the Province. I am equally pleased to see on the Order Paper the Armed Forces Covenant (Implementation) (United Kingdom) Bill—the private Member’s Bill promoted by the hon. Member for East Antrim (Sammy Wilson) and supported by my hon. Friend the Member for Tonbridge and Malling—which highlights that we need to make progress on the application of the covenant in Northern Ireland.

I am pleased that there are now 785 corporate covenant signatories. Next week, the Defence Secretary will present awards to 16 employee recognition scheme gold award winners, recognising the very best support for our armed forces. We will continue to tackle the key areas of commercial disadvantage and look at how the finance and insurance sector can do more to support the armed forces community and tackle the effects of overseas postings. I expect to announce new commitments later this month.

We must also continue to build on our work to support employment opportunities for reserves, veterans and spouses. The MOD has set up a relationship management team to engage with employers, which has not only encouraged an increase in the rate of new signings but, crucially, enabled us to work with existing signatories to deepen and enhance their pledges.

I hear the call from the hon. Member for York Central to look at effectively forcing, through contracts, companies that deal with the MOD to sign up to the corporate covenant or, indeed, to employ reservists. I am happy to be corrected, but I fear she may be unintentionally making an argument for leaving the EU, because I believe what she calls for is not possible under European procurement rules. I am happy to check that.

[Rachael Maskell]

A document called “Buy and Make a Difference” looks at how social clauses could be put into procurement contracts. It would therefore be quite feasible to put the corporate covenant into a list of social clauses to be included in that contract.

[Mark Lancaster]

Without prolonging the debate on the issue, I am happy to commit to the hon. Lady to have a look at that, which I hope is reasonable.

It would be remiss, given this opportunity, not to reiterate this Government’s commitment, as set out in our manifesto, to improve the support we offer to military families. I am pleased to say that we will shortly publish the first families strategy, setting out a comprehensive programme of activity to ensure that military families receive the support and help they need. The strategy has been drafted in consultation with the three service families federations to ensure it truly reflects the needs of 21st-century military families. This year, we will deliver £20 million of investment in childcare infrastructure for military families, but we must also ensure that the new spousal employment programme is meeting its stated aims and objectives, and I have mentioned the two trials that are in place.

Members will be aware that the Government have committed to a £10 million annual fund in perpetuity to support delivery of the covenant. Several Members mentioned accommodation. I recognise concerns about accommodation for our armed forces community. We have allocated £85.5 million to help more than 5,600 personnel to buy or improve their home through the Forces Help to Buy scheme, and I am pleased that the Defence Secretary wants to double that number to 10,000 by this October. The Government have committed that from 2016, no service family in the UK will be allocated service accommodation that does not meet the decent homes standard. I have heard the calls from several hon. Members to work more closely with and improve the MOD’s relationship with local authorities when it comes to supporting families to get into local authority housing. I should point out, however, that we already have the MOD referrals scheme, which assists service leaders.

Looking forward, although I am not in a position today to give details about the future accommodation model that will be proposed for our armed forces, I hope to be able to do so in future. The model is an attempt to tackle issues related to encouraging and helping families to get into a home of their own.

Equally, I mention the Army basing scheme and the broader footprint strategy, part of which is to try and create greater stability for our armed forces, so that we do not see quite so much movement. Only yesterday, I visited 26 Engineer Regiment down in Wiltshire, where as an example, around Salisbury plain, the three armoured engineer regiments will now be pretty closely collocated. Those armoured engineers are likely to be posted between the three regiments but very much in the same part of the country, giving greater stability for families and spouses.

To touch on veterans—I realise I am going on—support for our veterans is an issue close to the heart of many, as shown by the recent publication by King’s College London on creating a sustainable model for veterans’ care in the United Kingdom post-2015. I am familiar with the proposals in that paper and congratulate all those involved in producing it. It is an interesting document that adds great things to the debate. I have asked my officials to attend an event on 12 January to discuss it and the evidence basis for it, and I look forward to engaging fully after that with the authors, to see how we can move forward and work together.

The Government have confirmed that funding for the nine enhanced prosthetic centres for veterans will continue. We have also allocated £10 million to the Royal British Legion to launch a veterans’ hearing fund and £3 million to help veterans access high-specification wheelchairs.

Several hon. Members, including my hon. Friend the Member for Tonbridge and Malling in a very powerful speech, raised other issues that are perhaps summed up as “lawfare”. The Conservative party committed at the last general election to deal with this issue. A lot of work has been going on in the MOD over recent months to try and move that forward. I am not in a position right now to give further details, but that is being led by the Minister for the Armed Forces and I am sure that in due course, she will come to the House to address that.

On interpreters, I share my hon. Friend’s concern, having worked with them in Afghanistan. I have looked into the matter. I think the MOD has a very positive programme at the moment. There are different elements, partly about helping to improve security for families, about potentially relocating families within country, and ultimately, if necessary, about relocation to the UK. The programme that the MOD is pursuing at the moment is a good one.

Prisons were mentioned and I recognise that there are veterans in prison. I do not think the number is disproportionate, but they face unique challenges. To that end, I intend to visit HMP Grendon in Aylesbury next month and I will look at some of the work being done there to support our veterans.

I believe the covenant is working, but we need to make it clearer and easier for members of the armed forces community to access the available support. We know that delivery of the covenant is not uniform and we need a mechanism to identify and address localised problems. That will be our priority in 2016.

Although we have collectively achieved a great deal, much more remains to be done to ensure the covenant fulfils the nation’s promise to support the brave men and women who serve our country with honour and distinction. It is a long-term aim and the Government are committed to its long-term delivery.

I have endeavoured to answer all the points raised by hon. Members and if I have not done so, I will write to them in due course.

Question put and agreed to.

Resolved,

That this House has considered the Armed Forces Covenant Annual Report 2015.

Draft Armed Forces (Service Complaints Miscellaneous Provisions) Regulations

Rachael Maskell Excerpts

Monday 14th December 2015 General Committees

[Rachael Maskell (York Central) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mrs Moon, and to rise to support the creation of the ombudsman to address complaints raised across the armed forces through these draft regulations. I note that the statutory instrument is accompanied by a further four statutory instruments, which are not being considered by this Committee today.

Let me take us back to show how we have arrived at this point. The tragedy that shocked us all arising from the Deepcut barracks between 1995 and 2002 caused the Government at the time to review how complaints could be raised in the armed forces. The subsequent report brought about change through the historic Armed Forces Act 2006 and championed the provision for enhancing grievance management processes. The Act sought to harmonise procedures across the armed forces, with the aim being to establish best practice through a single procedure.

The Service Complaints Commissioner for the Armed Forces was created by the Act to address inappropriate behaviour, in particular instances of bullying, harassment and discrimination. The legislation did much to reform our armed forces, but, five years after its implementation in 2013, the Service Complaints Commissioner, Dr Susan Atkins, highlighted that the operation was

“not operating efficiently, effectively or fairly”

and

“neither swift, nor easy to use…having lost sight of the individual”.

Evidence about the increasing demand on the Service Complaints Commissioner has shown that the measure was a necessary step, and has enabled issues to be raised that would otherwise have gone unreported. We still know that far too many cases are not reported. Evidence shows that such cases impact on 10% of serving personnel, yet only 8% of those remain unreported. Since the roll-out of the 2006 Act, change has been called for. Labour was very much a part of the initial call for the role of the ombudsman to be created, so we welcome the fact that progress has been made.

For confidence to be built into the service, personnel need to be able to raise issues and to be protected if they do so. Much has been learnt across all areas of our public services in recent times about how best to raise complaints or matters of protective disclosure, and about ensuring that individuals can do so without fearing the repercussions. Being able to raise issues safely about the behaviours of others forms part of this necessary culture change. The Government are now on a learning journey in that regard and there is still much to get right. However, it is only right that the armed forces are also included in the development of a safer environment in which to raise concerns.

When dealing with matters of concern, expediency is imperative. Whether the matter appertains to professional or personal matters, time delayed is time lost in addressing the issue or finding the correct means to resolve a grievance dispute or concern. In reviewing how matters have been handled, ensuring a swift and fair response is vital for the complainant. That is why Dr Atkins’s report was so concerning, as it highlighted the backlog of more than 430 cases for more than six months in 2012, which was a worsening of the situation in the Army and the RAF.

The Service Complaints Commissioner was right to press for the role to be changed to that of an ombudsman in her 2010 report, with the associated powers being upgraded, including the powers to investigate whether a complaint was handled properly during the internal process and to undertake investigations on the ombudsman’s own initiative on systematic issues, cutting out the tiers of appeal.

The importance of independence of redress is increasingly being recognised across public services. It provides a space of safety and confidence in raising concerns, shortens procedures that in some cases have taken more than a year to progress, and, importantly, ensures that issues are addressed if there has been failure in the system further down the chain.

The mechanism also provides oversight, so that trends in matters raised with the ombudsman can be mapped at a more strategic level, as they currently are. Again, that makes the system more responsive to concerns. The fact that 615 people contacted the office of the Service Complaints Commissioner for the Armed Forces in 2014, and 725 in 2013, and that 572 complaints were received in 2012—a third up on the figure for 2011 and two thirds up on that for 2010—shows the scale of the issue. In particular, it highlights the need to get the system right for the future.

As to who should serve in the role of service complaints ombudsman, Labour has been clear that it should not be former service personnel or civil servants, and we are pleased that the Government have accepted our reasoning about that. For the system to be effective it is crucial to maximise confidence in it, and that is particularly important in dealing with cases of bullying, harassment and discrimination, when there is often an inherent distrust in the fairness of investigative procedures and formal processes.

There can be serious consequences to delay and getting the processes wrong in such matters. An ombudsman able to review the management of the process directly and expediently will make a difference. I have for many years worked closely with academics, and in industry, in the field of negative behaviours, and I know that expediency and rigour in processes are crucial if further long-term damage is to be avoided.

I note the additional requirement that an independent person must be appointed to investigate such matters. That is wholly appropriate and I ask that those individuals should be fully trained not only in carrying out independent investigations but in matters concerning bullying, harassment and discrimination, and other forms of negative behaviour.

The range of issues that will be within the scope of the ombudsman’s oversight is set out in the regulations. It is important that that should be kept under review in case changes to that scope should be needed in future. However, I shall not ask for that without clear evidence. I note that matters of clinical negligence and personal injury, in particular, are to be excluded.

Labour is also in agreement that in view of the oversight that is part of the ombudsman’s role, decisions on cases should be binding. The Minister was right to state that should there be a failure to fulfil the duty of the office, appeal should be a matter for the courts; but it should also be for Parliament to scrutinise concerns raised and take the necessary action to bring redress.

The additional responsibility for family members to raise issues of wrongs against someone who is serving or has served in the armed forces, or someone who is deceased, is important. However, sufficient time must be provided to enable a family to bring their case to the attention of the ombudsman.

I am concerned about the timeline for the raising of concerns in all relevant matters. Given the lack of a trade union to provide independent advocacy, an allowance should be made to give personnel time to raise their concerns. In the sensitive areas of bullying, harassment and discrimination, it can take time for people to recognise the behaviour that they have been subjected to, and its impact. It may be another event that triggers that realisation—or a better understanding of bullying. Official definitions of bullying refer to instances happening over a period of time. Academics measure the previous two years in their research.

Trauma caused by bullying can take time to come to the surface and it can also take time to develop the confidence to raise claims of bullying. Someone with associated mental health challenges resulting from the negative behaviours they have experienced might not be in a place to make a complaint. The point is that when someone who has been through the process receives a rejection of their grievance locally, it can take much more effort for them to raise it with the ombudsman, particularly when they know that that decision will be final. A three-month time limit therefore allows far too short a period in which to raise a complaint. I note that the ombudsman has some discretion, but I ask for the timeline to be extended, to create the greater flexibility that is required. I reiterate the point that was well made in the House of Lords by my noble Friend Lord Tunnicliffe of Bracknell. He called for a version of the regulations to pass the plain English test before being made available to all those serving in the armed forces.

The regulations before us will not only help to fulfil the Government’s responsibility under the armed forces covenant, but provide more confidence and ensure the safety of our servicemen and women, who deserve the best possible support when things go wrong to reciprocate their dedication and professionalism in how they serve us. In ensuring that the regulations work, I ask the Government to make resources, which have been an issue with the current office, available to the office of the service complaints ombudsman to avoid delay being introduced into the improved service. Should demand on the office increase, the Government should make further resources available to match that need. Labour supports the regulations’ coming into force from 1 January 2016.

[Mark Lancaster]

I thank the hon. Lady for her support in this important matter. I appreciate that she came to the House only at the general election and so was unable to be part of our discussions on the 2015 Act earlier this year, but it was a constructive process, which I am pleased had support from across the House. She highlighted some of the history behind where we are today, and the creation of the ombudsman, whom I have met on several occasions, is a positive step. The change will streamline the process to try to ensure that it is sped up, which is vital. Equally, we are determined to advertise the process as widely as possible, because I accept that we must encourage people to feel able to make a complaint and that there should be as few barriers to that as possible.

The hon. Lady touched on the training of independent members who may be appointed. We put them through an induction programme to familiarise them with the armed forces and we also try to select individuals with considerable experience in similar areas, so I hope she will be reassured by that.

[Rachael Maskell]

Issues appertaining to bullying, harassment and discrimination are particularly sensitive, so I ask that specific training be provided to investigating officers.

[Mark Lancaster]

Okay. I hear that request. If I may, I will go away and look carefully at the current training package. I will then write to the hon. Lady outlining exactly what training is provided. If she still feels uneasy after that, we can discuss the matter further.

The hon. Lady also mentioned the case backlog, which, as I have already mentioned, is one reason why we have sought to streamline the process. I accept that some complaints have taken too long to resolve, potentially reducing confidence in the system. It must be remembered, however, that some complaints, including those that deal with improper behaviour, can be more complex and thus necessarily take longer to investigate. It is right that a reasonable amount of time is taken so that cases are handled fairly. We want to ensure that the system is fairer, more effective and more efficient than at present, while valuing quality outcomes as much as timeliness.

On the overall direction of travel, it is important to note that the regulations require the ombudsman to produce an annual report, which must be laid before Parliament. It must cover the system for dealing with complaints and the exercise by her of her functions. The same requirement has applied to the Service Complaints Commissioner. The ombudsman can include in the report any matters related to redress and her work as she decides. The Secretary of State can also ask her to address any matters. It is likely that the report, just like those of the Service Complaints Commissioner, will address trends and themes. I would expect the Government to address those trends and themes as we move forward.

The hon. Lady also spoke of how long complainants have to make a complaint. I recognise that it can take time for themes to develop and that it may take time for someone to build up the courage to make a complaint about an incident. Ultimately, however, it is worth remembering that the ombudsman’s new powers already include the ability to overturn cases that are deemed to be out of time. Equally, given that we have the annual report, if we begin to see a theme of people who are deemed out of time to make a timely complaint, I am sure that we will endeavour to address it.

I hope I have touched on all the points that the hon. Lady raised. If, when I read Hansard, I see that I have not, I will write to her.

[Rachael Maskell]

I thank the Minister for his response. I also appreciate his commitment to follow up on the issues raised. I want to return to the timeline, because it is important that communications are made to ensure that people have confidence in raising a complaint. Knowing that time limits are in place will act as a barrier to people raising complaints outside that three-month timeline. I ask that the flexibility that the ombudsman can exercise in such matters will be communicated and that that issue will be reviewed and considered closely in the reporting that the ombudsman makes.

[Mark Lancaster]

I accept that the hon. Lady is anticipating a problem. Given that we have the annual report, I will ensure that the ombudsman, Nicola Williams, sees this debate, so that she is alerted to the concern that the timeline may well become a problem. I will ask her to look specifically at that issue, so that we can address it in one of her annual reports, if need be.

Question put and agreed to.

Oral Answers to Questions

Rachael Maskell Excerpts

Monday 23rd November 2015 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

The social care crisis is affecting people all over the country, including those who have sustained an injury or condition while serving our country. Those who were injured on or after 6 April 2005 receive a payment under the armed forces compensation scheme, which local authorities disregard when assessing them for social care, but those who were injured before that date receive the war pension, which is not disregarded. When will the Government address this inequality?

[Mark Lancaster]

That is primarily a matter for the Department of Health. I have been engaging in a series of negotiations with my counterpart in that Department, and I am sure that we will report to the House in due course.

Defence Expenditure (NATO Target) Bill

Rachael Maskell Excerpts

Friday 23rd October 2015 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

I am grateful for the opportunity to speak on Second Reading and to respond to the hon. Member for Aldershot (Sir Gerald Howarth), who is renowned for highlighting the importance of our security. I thank him for his kind words to me today.

There have been many excellent contributions to this debate. The right hon. Member for New Forest East (Dr Lewis) made a plea for a 3% minimum underpinning and highlighted the challenges of accounting across Departments. The hon. and gallant Member for Beckenham (Bob Stewart) highlighted the inequality in defence spending across different European nations and in comparison with the US. The hon. Member for Romford (Andrew Rosindell) warned of the risks of making further cuts to defence and supported the case for a 2% target. The hon. Member for Eddisbury (Antoinette Sandbach) spoke about the wider benefits that we receive from our military and looked, in particular, at the investment in skills that is part of that 2% spend.

The hon. Member for North West Norfolk (Mr Bellingham) talked about the vital role our forces play in our community. As the Member for York Central, with Imphal barracks in my constituency, I concur with those comments. I recognise the huge contribution that the barracks make to my community.

The hon. Member for Gainsborough (Sir Edward Leigh) made a broad contribution. He warned about the accounting challenges for Departments and talked about the changing spend across Europe, particularly in Germany. He also reflected on the wider contribution of our servicemen and servicewomen in humanitarian efforts, and he particularly drew attention to the humanitarian challenges that we currently face with the immigration and refugee situation.

The hon. Member for Congleton (Fiona Bruce) brought to the debate her growing experience and her respect for the forces. She particularly reflected on the 0.7% of GDP commitment for the international aid budget, and she highlighted the important role that our service personnel play in humanitarian work, particularly the 800 service personnel who supported those affected by the Ebola crisis in Africa. We pay tribute to them.

Finally, we heard from the hon. Member for Torbay (Kevin Foster), who reflected on his experience in the armed forces parliamentary scheme.

It is a huge privilege to highlight the importance that the Labour party places on our national security and our role in safeguarding the wider world. We live in an ever complex and challenging international landscape, in which our service personnel selflessly give of themselves to keep us safe. Today we have been reminded of new threats such as cyber-threats, which we have seen over the past 24 hours, and we have heard about the expanding spend on the defence capability of China, with which we have struck a deal on nuclear power this week. Clearly, the Labour party would place a question mark on that.

[Jeremy Quin (Horsham) (Con)]

Given what the hon. Lady is saying about all the threats that this country faces, is giving up the nuclear deterrent really the best way forward?

--- Later in debate ---

[Rachael Maskell]

I will come on to our defence strategy later in my contribution.

The first duty of any Government is to ensure that we have the capacity and capability to defend ourselves against current and future threats, while ensuring that every precaution is taken to safeguard those who put themselves in danger for our security. The Opposition are determined to scrutinise each decision the Government take and ensure that there is a modern and strategic plan to maximise our security.

As the party in power, Labour consistently spent well above the minimum 2% NATO target, and we therefore embrace the principle that the Bill is intended to achieve. In 2006 NATO recognised the sharp decline of an average of 10% in many of its European members’ defence budgets, but we have witnessed an even sharper decline in the UK, with the Conservative-led Government cutting the defence budget by 18% between 2009-10 and 2014-15. We can thank the current Administration, and the previous Conservative-led Administration, for the scepticism about our defence budget. Because of such actions by the last Government, and by other European countries, an agreement was made through NATO that Governments should commit to apportioning 2% of their GDP to defence spending. Under a Labour Government in 2006, Britain was recognised as the largest NATO contributor of its GDP to defence outside the US.

At the September 2014 summit in Wales, progress had not been made, so the nations again embraced the 2020 minimum target of 2% with renewed commitment, although it must be noted that no nation has enshrined that target in its domestic law. In fact, academics have been quite critical of the 2% target, as it does not commit to how much investment should be hypothecated, for instance, for research and development to provide cutting-edge technology. Even with a 2% spend, the proportion of national defence spending does not necessarily align with the capability that a nation is willing to deploy and how relevant its equipment is to the challenges faced in any particular operation.

I am sure that a further air of scepticism has developed among Members, because if a statutory 2% of GDP is apportioned to defence, we know that it will be met, even if that happens through creative cross-departmental definitions involving wider security. As the NATO report on financial and economic data highlights, and as we have heard in the debate, the UK is projected to spend 2.08% of GDP on defence this financial year. However, when measured against the NATO determinants, spend sits at 1.97%, and that is before accounting for the £500 million cut to the MOD announced on 4 June. So let us be clear: Labour Governments deliver on the minimum 2% target, and it is only since 2010 that the target has been put at risk. Indeed, it is at risk this year.

Stretching definitions to wider defence and security interests does not make our shores safer. Not putting the 2% into statute enables a more honest assessment of our capability and spend. I mention both capability and spend because output is more significant to Labour Members than input. To give an example, £800 million is being spent on military pensions, which the Government have now classified as defence spending. Spending on the single intelligence account, from which MI5, MI6 and GCHQ derive their funding, has also now appeared within the Government’s 2% classification, and today we have heard that up to £1.4 billion has been added from other budgets.

Labour is determined that the Government’s defence spending should become not just a smoke-and-mirrors exercise to justify a target, as has happened with so many targets, but that it should reflect a serious commitment to safeguard our security. After the last strategic defence and security review, we were left with aircraft carriers without aircraft, and the UK was left without any maritime patrol capabilities. Shamefully, serving personnel were left without the most up-to-date equipment.

[Antoinette Sandbach]

Will the hon. Lady give way?

[Rachael Maskell]

I am going to continue at this time.

Even this week, we heard in Defence questions about how old equipment, not the most up-to-date, is being used for training. Not only do such decisions seriously shrink our capability in proportion to spend, they also create risk. There is clear nervousness among the Government’s own Back Benchers, which is why they want to tie the hands of their Front Benchers today so that that can never happen again.

Labour Members can therefore understand the concerns that have been raised throughout the House as a result of the last strategic defence and security review, which was neither strategic nor sought to maximise our security. The huge scale of the cuts driven by the Chancellor since 2010 has placed ideology ahead of our national security. Labour is taking a different approach to defence spending. We have already announced that we will carry out a strategic review of our security, which will be evidence-led to ensure that our nation is safe and that we secure strong global partners in defending those at risk and creating a safer world.

[Sir Edward Leigh]

Will Labour vote against Trident?

[Rachael Maskell]

I do not want to repeat myself for the hon. Gentleman, but I have just said that we are leading an evidence-led strategic security review, and obviously we will have to see the findings.

Labour has a proud history on these matters. We need only look to the record of the Labour Government’s last term, when we spent an average of 2.4% of GDP each year, compared with the little over 2% predicted for this year, which includes wider spending commitments beyond those strictly defined as defence. That is a worrying trend. With NATO having been founded under that great Labour Government led by Major Attlee, our party is committed to the principle of spending a minimum of 2% on defence so that we have the modern capabilities we need to secure our nation’s future.

Oral Answers to Questions

Rachael Maskell Excerpts

Monday 19th October 2015 Commons Chamber

[Mr Speaker]

I am sure that those cadets were very excited to meet the Minister. I have no reason to doubt that.

[Rachael Maskell (York Central) (Lab/Co-op)]

Given that the community cadet forces enable young people, particularly those from disadvantaged communities, to gain confidence and skills that they might not otherwise have a chance to gain, what assurances can the Minister give that the cadet expansion initiative will not disproportionately benefit school cadet forces at the expense of community cadet forces?

[Mr Brazier]

I welcome the hon. Lady to her place as shadow Minister and thank her for the support for cadet units. I am delighted to give her the assurance she seeks. The new units will be set up in areas where there is no existing community provision. They will not be in competition with existing successful community units.

Counter-ISIL Coalition Strategy

Rachael Maskell Excerpts

Monday 20th July 2015 Commons Chamber

[Michael Fallon]

Elements of the Iraqi army have had to be almost completely reconstituted under the current Government from what existed beforehand, and it is to the credit of the new Abadi Government that there has been a clear-out of some of the higher command—the senior generals who were not prepared to take the fight to ISIL—and a restructuring of the army, and I hope that the passage of the national guard legislation will soon enable the deployment of a security force alongside the army that is able to hold ground that has been liberated from ISIL.

[Rachael Maskell (York Central) (Lab/Co-op)]

It is now clear that this House should have had a further debate in the autumn about embedding our UK service personnel. Will the Secretary of State therefore withdraw our personnel pending any further debate in this House that may or may not provide a mandate?

[Michael Fallon]

A number of UK personnel are embedded with American and Canadian forces, but at the moment no UK pilots are involved. We welcome the operations the Americans and Canadians are carrying out alongside us to help defeat and degrade ISIL in both countries, because, as the Prime Minister made clear again today, ISIL can be defeated only in both Iraq and Syria.