Armed Forces Bill

Debate between Roger Gale and Lord Robathan

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.

--- Later in debate ---

[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.