Armed Forces Bill

Roger Gale Excerpts

Tuesday 14th June 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mr Andrew Robathan)]

I beg to move, That the clause be read a Second time.

[The Temporary Chair (Mr Roger Gale)]

With this it will be convenient to discuss Government amendments 14 and 15.

[Mr Robathan]

The new clause reflects the importance that the Government place on their reserve forces, and amendments 14 and 15 are concomitant with it. The new clause is designed to align more closely the circumstances in which reservists may be called out in the United Kingdom with those in which regular personnel may be used. It would enable reservists to be deployed in the UK more widely than at present so that their skills can be used in a wider range of circumstances.

Legislation has been in place for some time allowing our reserves to be called out to serve on warlike or humanitarian operations worldwide. Indeed, it is worth stressing that there have been more than 24,000 reservist mobilisations in support of operations both at home and overseas, including Iraq and Afghanistan, since 2003. I am sure that the Committee would wish to pay tribute to those reservists who have deployed on operations—with some losses, I fear. During those operations, 27 reservists have made the ultimate sacrifice.

In the UK, local reserve troops were mobilised under existing legislation to provide assistance during the Cumbrian flooding in November 2009, and helped to build Barker bridge—so-called after the tragic death of Police Constable Barker during some of the worst UK flooding in living memory. This assistance could not have been provided so quickly and efficiently without the excellent support of reserves from the local Territorial Army unit. However, we do not have legislation in place to allow us to use the numbers of reserves available or their specialist skills in all appropriate circumstances. The Secretary of State’s power to call out reservists in the UK is currently limited by the Reserve Forces Act 1996 to the defence of the realm or

“the alleviation of distress or the preservation of life and property in time of disaster or apprehended disaster.”

There are many circumstances falling short of “disaster or apprehended disaster” in which reserves could make a valuable contribution, but under the existing legislation, they cannot be mobilised. I have in mind a number of examples. The first is the foot and mouth outbreak of 2001, when we could not call out reservists because the work that needed to be done was not to alleviate distress or preserve life or property. The second is a major disruption to the road and rail network, such as we saw at the beginning of this year, when reservists could not be mobilised to deliver vital food and blood supplies to a large number of people over a wide area, and when we had to resort at the last minute to volunteers. The final example is a requirement for unarmed, low-level support to the security operation for the London 2012 Olympic games. Currently in such circumstances, it would be possible to use regular forces because there is a power to use regulars for urgent work of national importance. This power has been used for a wide range of activities, such as dealing with the consequences of flooding, heath fires, severe snow, hurricanes and the foot and mouth outbreak of 2001.

I propose to amend the 1996 Act so that reserve forces, like regular forces, can be called out for urgent work of national importance. The amendment represents an improvement to the existing position, where there is one test governing whether regulars can be used, and another slightly different test governing whether reserves can be mobilised. Being able to mobilise reserve forces would offer a number of important practical advantages. First, there are more than 30,000 committed individuals in the volunteer reserves. Secondly, reservists are based in every part of the UK and can bring to bear important local knowledge in relation to local problems. Thirdly, this would enable us to draw on a range of specialist skills held in the reserves that do not exist in the regular forces—for example, medical skills, meteorological expertise, and rail and maritime expertise. Over the last decade, we have seen the ever greater integration of the reserves into our force capability. The new clause is proposed in that developing context. The Future Reserves 2020 study, which will report to the Prime Minister this month, is taking a wider look at the role of the reserves and making better use of their specialist skills. I expect the study to recommend that we should make more of the strengths and skills that reservists offer. The new clause represents a first step towards that.

Mobilisation is an essential tool for two reasons. First, it gives the Department the guarantee of the reservists’ service; secondly, it activates statutory employment and financial assistance safeguards for reservists and their employers. These help to minimise any disruption that mobilisation may cause. Under the new clause, as now, no reservist will be out of pocket as a result of mobilisation, and every employer will have the right to apply for financial assistance that will allow him temporarily to replace any member of staff who is mobilised. In addition, existing restrictions on both the length of mobilised service that an individual can be required to undertake and the frequency of mobilisation will apply. Furthermore, reservists and their employers will be able to appeal against mobilisation under the proposed new power, just as they can under existing powers. There is also a further appeal to a tribunal that will be independent from the Ministry of Defence. In reality, the MOD works with employers to identify potential concerns at the earliest stage and support the employer throughout.

I hope that I have covered the major implications and benefits of the new clause. Let me stress that this change to the legislation strengthens the role of reservists in our armed forces and society more widely.

Government amendment 14 provides that the provisions in the Bill relating to the call-out of reserve forces will come into effect two months after it receives Royal Assent. That is the standard period of time for bringing provisions into force, and we see no need to deviate from the norm in this case. Government amendment 15 changes the long title of the Bill. The amendment is necessary because the new provision about the call-out of reserve forces is a subject that would not be covered by the long title as it stands.

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[Mr Llwyd]

I beg to move amendment 2, page 2, line 5, leave out ‘Secretary of State’ and insert

‘Minister for Former Armed Services Personnel’.

[The Temporary Chairman (Mr Roger Gale)]

With this it will be convenient to discuss the following:

Amendment 16, page 2, leave out lines 8 to 12 and insert—

(a) education;

(b) accommodation;

(c) healthcare;

(d) mental healthcare;

(e) pensions and benefits;

(f) employment and training;

(g) support for reservists and their employers;

(h) the running of the Armed Forces Compensation Scheme;

(i) progress on Armed Forces rehabilitation services; and

(j) such other fields as the External Reference Group may determine.’.

Amendment 3, page 2, leave out line 11 and insert ‘including—

(a) the operation of section 359C (Former Armed Services Personnel Rights Charter),

(aa) the operation of section 359D (Former Armed Services Personnel Support Officers),

(ab) the operation of section 359E (Financial Support for Former Armed Services Personnel Welfare Groups),

(ac) the operation of section 359F (Former Armed Services Personnel Policy Forum),

(ad) the effect of the following issues upon service people—

(i) welfare benefits;

(ii) housing;

(iii) healthcare;

(iv) education, including educational courses and training;

(v) employment advice;

(vi) budgetary and life skills;

(vii) debt management;

(viii) alcohol and drug treatment;

(ix) relationship skills/domestic violence courses for perpetrators and victims; and’.

Amendment 17, page 2, line 11, after ‘housing’, insert—

‘(aa) in the operation of inquests’.

Government amendments 11, 12 and 13

Amendment 4, page 2, line 12, at end insert—

‘(2A) The report shall include expert recommendations on improving the welfare of former armed services personnel.

(2B) Expert recommendations shall include a timeframe in which these recommendations should be implemented.

(2C) If the Secretary of State will not implement any of the expert recommendations as directed then he shall lay a report before Parliament explaining why they have not been implemented, within 40 days of the laying of the armed forces covenant report.’.

New clause 2—Minister for Former Armed Services Personnel

‘After section 359A of Armed Forces Act 2006, insert—

“359B Minister for Former Armed Services Personnel

(1) A Minister shall be appointed within the Cabinet Office who shall be known as the Minister for Former Armed Services Personnel.

(2) The roles and responsibility of the Minister shall be set out by the Secretary of State for the Cabinet Office by order and shall include—

(a) Laying the Annual Armed Forces Covenant Report, in conjunction with the Secretary of State for Defence.

(b) Conducting such activities as shall be seen to be positive for the well-being of former armed services personnel.

(c) Conducting detailed and independently verifiable research to establish a baseline on which future progress can be measured.

(3) The Minister for Former Armed Services Personnel shall be appointed within three months of Royal Assent to the Armed Forces Act 2011.”.’.

New clause 3—Former Armed Services Personnel Rights Charter

‘After section 359B of Armed Forces Act 2006, insert—

“359C Former Armed Services Personnel Rights Charter

(1) A Former Armed Services Personnel Rights Charter shall be published, indicating the rights to assistance that former armed services personnel shall expect.

(2) The Former Armed Services Personnel Rights Charter shall be made by a Minister of the Crown by order made by statutory instrument and include—

(a) the requirement to undergo a psychological assessment immediately prior to leaving the armed forces,

(b) the requirement of a resettlement assessment, conducted approximately six months prior to the expected date of discharge,

(c) the requirement of access to advice from relevant voluntary organisations, approximately three to four months prior to the expected date of discharge, regarding the following possible needs—

(i) welfare;

(ii) housing;

(iii) educational course and training;

(iv) employment advice;

(v) budgetary and life skills;

(vi) debt management;

(vii) alcohol and drug treatment; and

(viii) relationship skills/domestic violence courses.

(d) the requirement of back up support and advice, provided in person, by telephone and other reasonable means, to all former armed services personnel at any point within the first six months following discharge,

(e) the requirement of tailored support for former armed services personnel in the criminal justice system,

(f) any other relevant assistance considered necessary by the Minister in pursuit of the improvements in former armed services personnel welfare.

(3) The Former Armed Services Personnel Rights Charter shall be published following consultation with relevant stakeholders.

(4) “Relevant stakeholders” includes members of veterans’ support agencies.

(5) The Former Armed Services Personnel Rights Charter shall be introduced within one year of Royal Assent to the Armed Forces Act 2011.

(6) The operation of the Former Armed Services Personnel Rights Charter shall be reported upon in the Armed Forces Covenant Report.”.’.

New clause 4—Former armed services personnel support officers

‘After section 359C of Armed Forces Act 2006, insert—

“359D Former Armed Services Personnel Support Officers

(1) A former armed services personnel support officer post shall be appointed in each prison and probation service in England and Wales.

(2) The role of the former armed services personnel support officer shall be to ensure continuation of support in the criminal justice system.

(3) Former armed services personnel support officers shall be appointed within one year of Royal Assent to the Armed Forces Act 2011.

(4) The operation of the former armed services personnel support officers shall be reported upon in the Armed Forces Covenant Report.”.’.

New clause 5—Financial support for former armed services personnel welfare groups

‘After section 359D of Armed Forces Act 2006, insert—

“359E Financial Support for Former Armed Services Personnel Welfare Groups

(1) Financial support shall be provided for former armed services personnel welfare groups in each financial year to provided assistance to former armed services personnel.

(2) Former armed services personnel welfare groups eligible for such financial support shall be those approved by the Minister.

(3) The criterion for such eligibility shall be published by the Minister following an independent scoping study into the needs of former armed services personnel and the services currently available which will provide a baseline for future progress.

(4) The independent scoping study shall be published not later than one year after the Royal Assent to the Armed Forces Act 2011.

(5) The operation of the Financial Support for Armed Services Personnel Welfare Groups shall be reported upon in the Armed Forces Covenant Report.”.’.

New clause 6—Former Armed Services Personnel Policy Forum

‘After section 359E of Armed Forces Act 2006, insert—

“359F Former Armed Services Personnel Policy Forum

(1) A Former Armed Services Personnel Policy Forum shall be created to ensure best practice in the treatment and discussion of veterans’ welfare issues.

(2) The Former Armed Services Personnel Policy Forum shall have membership comprising representatives of the statutory, private and voluntary sector.

(3) The chair and members of the Former Armed Services Personnel Policy forum shall be appointed by the Secretary of State following consultation with relevant stakeholders and shall include a government representative.

(4) The criterion for membership and responsibilities of the veterans’ policy forum shall be determined by the Secretary of State following consultation with relevant stakeholders.

(5) “Relevant stakeholders” shall include Ministers in devolved legislatures and veterans’ support agencies.

(6) The Former Armed Services Personnel Policy Forum shall report from time to time to the relevant authority.

(7) “Relevant authority” means Ministers responsible for the implementation of policies relating to veterans’ welfare, including Ministers in devolved administrations.

(8) The Former Armed Services Personnel Rights’ Policy Forum shall be introduced within one year of Royal Assent to the Armed Forces Act 2011.

(9) The operation of the Former Armed Services Personnel Policy Forum shall be reported upon in the Armed Forces Covenant Report.”.’.

New clause 13—Armed Forces Advocates

‘After section 359 of AFA 2006 insert—

“359B Armed Forces Advocates

(1) The existing network of Armed Forces Advocates will be extended through the nomination of supporting advocates at regional and local level to ensure that local authorities work together to identify and resolve issues in local policy or the delivery of services that may affect service people.

(2) In this section “Armed Forces Advocate” means public servant nominated to monitor and resolve policy or legislative issues that arise for service people.”.’.

New clause 14—Duties of ombudsmen and Covenant commitments

‘After section 359 of AFA 2006 insert—

“359C Duties of Ombudsmen and Covenant commitments

‘The Parliamentary and Local Government Ombudsmen shall have the duty to investigate complaints from service personnel that a public body or local authority has failed to meet the commitments outlined in the ‘The Armed Forces Covenant’ and ‘The Armed Forces Covenant: Today and Tomorrow’.”.’.

New clause 17—Duties of public bodies and Ministers

‘(1) In preparing policy, public bodies and Ministers must have regard to those matters to which the Secretary of State is to have regard in preparing an armed forces covenant report, under subsection (2A) of section 359A of AFA 2006.

(2) In preparing policy, public bodies and Ministers must consider whether the making of special provision for service people or particular descriptions of service people would be justified.’.

[Mr Llwyd]

I am pleased to be able to speak to the amendments, but also rather baffled by the fact that I was unable to raise my points earlier. Although I spoke on Second Reading and expressed a strong interest in being involved in the earlier Committee stage, I was unfortunately denied that opportunity. For the first time in the current Parliament, the number of Members dealing with a Bill in a Select Committee was reduced so that a representative of a minority party would not be present. I am sure that my disappointment is shared by my colleagues the hon. Members for South Antrim (Dr McCrea) and for Upper Bann (David Simpson). Be that as it may, however, I am very glad to have been given the opportunity to speak.

My amendments and new clauses focus on the need to strengthen the provision of welfare for veterans of the armed forces, an issue on which I have been campaigning in the House and outside for a number of years. They would establish a more robust structure of support for personnel leaving the forces, and would ensure that veterans were not disadvantaged in any way when trying to gain access to public services as a result of the service that they had given. They were heavily influenced by the recommendations made by the justice unions parliamentary group on veterans in the criminal justice system, of which I am chair. They also deal with the need to enshrine the military covenant in law, a move that I am glad to hear that the Government will be making in the coming months via the Bill. I hoped to see a little more detail about the covenant in the Government amendments, given that the devil is always in the detail, but the Government have at least acknowledged the need to uphold, maintain and develop further that all-important relationship between our armed forces and the public.

My amendments set out what we in the justice unions parliamentary group believe is a firm course of action to tackle the problems faced by vulnerable veterans, and it is my earnest hope that the Committee will give them due consideration. New clause 2 and amendment 2 seek to introduce a Minister for Former Armed Services Personnel, who would sit in the Cabinet Office and among whose responsibilities would be the laying of the armed forces report before Parliament each year. Most important, the Minister’s remit would extend across Departments, and he or she would therefore be ideally placed to tackle veterans’ issues, needs and priorities in an holistic way.

The Bill provides for the armed forces report to be laid by the Secretary of State for Defence. I mean to cause no offence whatsoever to the present Secretary of State in arguing that a Minister with such a wide remit cannot possibly hope to dedicate as much attention to that document as I believe it deserves, and that the report should therefore be written by someone whose sole ministerial responsibility lies with veterans’ welfare and who will not be unduly compromised—in the strict sense—by other vested interests.

Amendment 3 seeks to broaden the remit of the armed forces report, and is relevant to a number of new clauses to which I will return briefly later. Amendment 16, tabled by the hon. Member for West Dunbartonshire (Gemma Doyle), makes many of the same points. My recommendations were made before the earlier Committee stage, from which I was excluded, but I am glad that they can be raised in the Chamber now.

As Members will know, the Bill specifies that an armed forces covenant report shall be laid before Parliament each year, and shall cover the effects had by membership, or former membership, of the armed forces seen in the fields of health care, education, and housing. Let me make the genuine observation that that is a welcome step, given that the regulation of the services available to veterans is a prerequisite for improvement of those services. I believe that the proposed report’s remits do not go far enough, however. My amendments demand that they inquire in greater depth into how having a military service background affects personnel in obtaining public services. The report should not simply discuss education, housing and health care; I have specified that it should also cover other subjects, including welfare benefits, employment advice, budgetary and life skills, debt management, alcohol and drug treatment and relationship skills.

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[Gemma Doyle]

I wish to move amendments 16 and 17—is that in order, Mr Gale?

[The Temporary Chair (Mr Roger Gale)]

Order. The hon. Lady may speak to any of the amendments that have been grouped. They will be moved, if they are moved, when they are reached at the appropriate point in the Bill, so it is simply a question of speaking to them now.

[Gemma Doyle]

Thank you for that clarification, Mr Gale. I will speak to amendments 16 and 17 and to new clauses 13, 14 and 17. As the Committee knows, the vast majority of debate and discussion on the Bill has been about clause 2 and specifically about the military covenant and how best to ensure that it is honoured. Our concern all along has been to ensure that the Government achieve what they have said they want to achieve by enshrining the covenant in law. At the heart of this debate is the overriding principle that no one should be disadvantaged because of their military service. Indeed, many service families have told me that they do not want special treatment—just fair treatment. I welcome the Government’s amendments as a step in the right direction on the military covenant, but the path to get them to this point has been far from graceful. It has been both tortuous and frustrating to watch Ministers deny what was in black and white on paper in front of them, but however they got here I am certainly glad that they have progressed.

We spent many hours debating the covenant in the Select Committee, with the Government arguing both that the unamended Bill enshrined the covenant in law and that it was not necessary to do so. I am not sure whether they have changed their minds on either or both of those points, but I welcome the change of heart none the less and I am pleased to confirm that we support the amendments in the name of the Minister for the Armed Forces although they are not as strong as we had hoped. They enshrine in law the principles of reporting to Parliament, but they are still a step away from fully enshrining the covenant in law. I suspect that Ministers have once again been thwarted by lawyers and civil servants.

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[Mr Robathan]

Indeed there will be if I may intervene. Has the hon. Lady visited the headquarters of the MOD police in Suffolk?

[The Temporary Chair (Mr Roger Gale)]

Order. The Minister cannot question the hon. Lady because she does not have the Floor.

[Bob Russell]

This is a serious issue. To the best of my knowledge, the MOD police are an integral part of the wider military family. However, over the past 10 years the previous Government were determined, as I regret the coalition Government now appear to be, to reduce MOD police numbers to the point where I suspect at some future stage we will be told that they no longer have a purpose and can be done away with. All I can say is that where there were once 30 MOD police officers serving an exclusive Army estate in excess of 2,000 dwellings, there are now just three such officers. The expectation that Essex constabulary can suddenly conjure 27 police officers to fill that breach will not be met.

We now have a situation in which we have Army families and civilian families and the demarcation between policing is not clear. The lifestyle of civilians is not always compatible with the military ethos of the service families. I am trying to choose my words carefully. All I am saying is that the presence of MOD police officers brought a security and comfort to military families which has been lost at the same time as the ethos of a 100% Army estate has been dramatically reduced. I put it to the Minister that the Government need to look carefully at their proposals to reduce dramatically the number of MOD police officers. It will have little effect in Colchester because 27 police officers have already been got rid of and, with only three left, we do not have much further to go.

I welcome the armed forces covenant, previously known as the military covenant, and congratulate the Royal British Legion on all it has done. We should all be grateful to the legion. My only regret is that some people appear to be trying to turn it into a party political football.