Armed Forces Bill

Rosie Winterton Excerpts

Report stage & 3rd reading
Tuesday 13th July 2021 Commons Chamber

[Stephanie Peacock (Barnsley East) (Lab)]

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

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 2—Report on dismissals and forced resignations for reasons of sexual orientation or gender identity—

‘(1) The Secretary of State must lay before Parliament a report on the number of people who have been dismissed or forced to resign from the Armed Forces due to their sexual orientation or gender identity.

(2) The report under subsection (1) must include cases where—

(a) there is formal documentation citing sexuality as the reason for their dismissal; or

(b) there is evidence of sexuality or gender identity being a reason for their dismissal, though another reason is cited in formal documentation.

(3) The report under subsection (1) must include recommendations of the sort of compensation which may be appropriate, including but not limited to—

(a) the restoration of ranks,

(b) pensions, and

(c) other forms of financial compensation.

(4) The report must include a review of the cases of those service personnel who as a result of their sexuality have criminal convictions for sex offences and/or who are on the Sex Offenders register.

(5) The report must include discharges and forced resignations back to at least 1955.

(6) The first report under subsection (1) must be laid no later than 6 months after the day on which this Act is passed.

(7) The Secretary of State may make further reports under subsection (1) from time to time.

(8) In this section, “sexuality or gender identity” includes perceived or self-identified sexuality or gender identity.”

This new clause requires the government to conduct a comprehensive review of the number of people who were dismissed or forced to resign from the Armed Forces due to their sexuality and to make recommendations on appropriate forms of compensation.

New clause 3—Armed Forces Federation—

‘(1) The Armed Forces Act 2006 is amended as follows.

(2) After section 333, insert the following new clauses—

“333A Armed Forces Federation

(1) There shall be an Armed Forces Federation for the United Kingdom for the purpose of representing members of the Armed Forces in the United Kingdom in all matters affecting their welfare, remuneration and efficiency, except for—

(a) questions of promotion affecting individuals, and

(b) (subject to subsection (2)) questions of discipline affecting individuals.

(2) The Armed Forces Federation may represent a member of the armed forces at any proceedings or on an appeal from any such proceedings.

(3) The Armed Forces Federation shall act through local and central representative bodies.

(4) This section applies to reservists of the Armed Forces as it applies to members of the Armed Forces, and references to the Armed Forces shall be construed accordingly.

333B Regulations for the Armed Forces Federation

(1) The Secretary of State may by regulations—

(a) prescribe the constitution and proceedings of the Armed Forces Federation, or

(b) authorise the Federation to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision—

(a) with respect to the membership of the Federation;

(b) with respect to the raising of funds by the Federation by voluntary subscription and the use and management of funds derived from such subscriptions;

(c) with respect to the manner in which representations may be made by committees or bodies of the Federation to officers of the Armed Forces and the Secretary of State; and

(d) for the payment by the Secretary of State of expenses incurred in connection with the Federation and for the use by the Federation of premises provided by local Armed Forces bodies for Armed Forces purposes.

(3) Regulations under this section may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federation.

(4) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) This section applies to reservists of the Armed Forces as it applies to members of the Armed Forces.””

This new clause would create a representative body for the Armed Forces, akin to the Police Federation, which would represent their members in matters such as welfare, pay and efficiency.

New clause 4—Armed Forces Mental Health Care review—

‘(1) The Secretary of State must publish a report containing a review of the mental health treatment provided to Armed Forces personnel through the—

(a) Defence Medical Services,

(b) Departments of Community Mental Health and the Veterans Mental Health and Wellbeing Service, and

(c) Reserves Mental Health Programme.

(2) The report under subsection (1) must be laid before Parliament within three months of the date on which this Act is passed.”

This new clause would require the government to conduct a formal review of the standards of mental health care available for serving personnel.

Amendment 1, page 4, line 27, clause 7, at end insert—

“guidance under subsection (3)

(a) must provide for charges of murder, manslaughter, domestic violence, child abuse and rape to require specific consent by the Attorney General to be tried in court martial when the offences are alleged to have been committed in the United Kingdom, and

(b) if the Attorney General has not granted such consent, guidance under (3)(a) shall provide that charges as set out in section 4A(a) to be tried in civilian court only.”

This amendment would ensure that the most serious crimes – murder, manslaughter, domestic violence, child abuse and rape - are tried in the civilian courts when committed in the UK unless the Attorney General has specifically consented for such crimes to be tried under courts martial.

Amendment 7, page 16, line 1, clause 8, leave out subsection 5

This amendment would require the Secretary of State to obtain the consent of Ministers in the devolved legislatures before issuing or revising any guidance under section 343AE relating to the duties imposed by sections 343AB(1), 343AC(1), and 343AD(1).

Amendment 8, page 17, line 34, clause 8, leave out “consult” and insert “obtain consent from”

This amendment would require the Secretary of State to obtain the consent of Ministers in the devolved legislatures before widening the scope of the duties in sections 343AA(1), 343AB(1), 343AC(1) and 343AD(1) when exercising this power in devolved contexts.

Amendment 2, page 18, line 28, clause 8, at end insert—

“343AG Section 343AF: report

‘(1) The Secretary of State must lay a report before each House of Parliament no later than three months after the day on which this Act is passed, and thereafter must make a report at least once in every calendar year.

(2) The report in subsection (1) shall set out how the powers in section 343F (Sections 343AA to 343AD: power to add bodies and functions) will work in practice.

(3) Any report published under subsection (1) after the initial report made 3 months after this Act is passed must include—

(a) a statement detailing how the powers granted through section 343F (Sections 343AA to 343AD: power to add bodies and functions) have been used since the last report was issued,

(b) a review of the relevance of the listed bodies and functions in section 343F (Sections 343AA to 343AD: power to add bodies and functions) in relation to the Armed Forces Covenant Annual Report under section 343A of AFA 2006, and

(c) the outcome of a consultation conducted by the Secretary of State with the Armed Forces Covenant Reference Group on the bodies and functions listed in section 343F (Sections 343AA to 343AD: power to add bodies and functions) in regard to their appropriateness and relevance as part of the Armed Forces Covenant Annual Report.”

This amendment would require the Secretary of State to set out how powers in the Bill could be used to widen its scope to address all matters of potential disadvantage for service personnel under the Armed Forces Covenant including employment, pensions, compensation, social care, criminal justice and immigration.

[Stephanie Peacock]

Labour stands firmly behind our armed forces and our brave service personnel who serve our country. It is a privilege to be speaking on behalf of Her Majesty’s Opposition on this important legislation. From their work across the country on the frontline of the pandemic to operations around the world, Britain’s armed forces deserve our admiration and gratitude. My granddad, who would have been 100 this year, served with the RAF during the second world war. Nearly all of us will have loved ones whose service we look back on with pride, and I am sure that we would all hope they were given the support they needed and deserved during their service and afterwards.

Labour supports our armed forces and the principles behind the Bill. It presents a once-in-a-Parliament opportunity to bring about meaningful improvements to the lives of our service personnel and veterans and their families, and I want to take this opportunity to thank all the organisations—local authorities, service charities and voluntary organisations—that have contributed to this legislation.

It is the duty of any and every Government to look after their people, and there are welcome steps in the Bill, which we support—the creation of a legal duty to the principles of the covenant, and the implementation of key elements of the Lyons review—but we believe the Government can and should go further. Our forces communities cannot afford for this Bill to become a missed opportunity, and that is why Labour has put forward our amendments in good faith to strengthen the Bill and offer the support and protection that are needed by many of our service personnel.

Turning first to amendment 1, currently serious crimes, including murder, manslaughter, domestic violence, child abuse and rape cases that are committed in the UK by service personnel are prosecuted in the service justice system, the SJS, not the civilian courts. Victims and their families often do not get the justice they deserve, and quite often sexual abuse cases are tried as “disgraceful conduct” and other service offences, meaning those who commit the offences are not put on the sex offender register.

--- Later in debate ---

[Stephen Morgan (Portsmouth South) (Lab)]

Labour has said from the start that this Bill offered a once-in-a-Parliament opportunity to make meaningful changes to the day-to-day lives of our forces personnel, veterans and their families. During Armed Forces Week, I had the privilege to bring together veterans of D-day, the Falklands and the Gulf war with Royal Navy and Royal Marine cadets from across Portsmouth. This celebration of service past and present was a powerful reminder of our collective responsibility to keep society’s promises to our nation’s service personnel. That is why Labour worked with service charities, veterans and personnel, and colleagues from across the House, to get the very best for our armed forces from this legislation.

The increased scrutiny the Bill has received means the Government have had many opportunities to listen to the fundamental concerns raised, but Ministers have steadfastly refused to do so at every turn. The Government have let themselves off the hook in delivering for Her Majesty’s forces. The provisions in the Bill do not apply to Government Departments, including, laughably, the Ministry of Defence itself, so while the Government claim the Bill will enshrine the armed forces covenant into law the reality is that they have outsourced the delivery of its important promises to others, and without any extra resource with which to do it.

Service charities continue to raise concerns about the Bill’s narrow scope, which risks creating a two-tier covenant and a race to the bottom on standards in service areas left out. In practice, this means that long-standing issues facing forces communities, and frequently raised by service charities, will not be addressed. Employment, pensions, compensation, social care, criminal justice and immigration are all on the long list of areas we know will not be covered. Labour’s amendments forced Ministers to take responsibility and widen the scope of the Bill. Twelve of the UK’s largest service charities, including the Royal British Legion, Help for Heroes, Cobseo and SSAFA, all wrote to Ministers last week backing these proposals, but the Government still voted them down.

On service justice, we welcome the creation of an independent Service Police Complaints Commissioner, and we hope to see Ministers get on with implementing this to ensure greater oversight and fairness in service justice cases. However, the Government refuse to improve access to justice for service personnel by trying rape and serious offences in civilian courts when they are committed in the UK. These proposals are backed by the Deepcut families, who have used their powerful and first-hand experiences of poor service justice investigations to call out the double standard of sudden deaths being handled by civilian police while rape and other serious offences are not.

Almost three quarters of sexual offences in the armed forces in 2020 took place in the UK, and between 2015 and 2020 the conviction rate for rape cases tried under courts martial was just 9%. The latest data available suggest the conviction rate was 59% in the civilian courts, with considerably more cases being tried each year. This issue is disproportionately affecting women of junior rank: more than three quarters of the victims were women, and seven in 10 victims held the rank of private. Ministers refuse to recognise the weight of evidence from these figures, the experts and campaigners, and instead have relentlessly backed a fudge that will leave personnel vulnerable. That will be on their watch.

Finally, the Government have rejected the golden opportunity provided by Labour to end the shameful scandal of eye-watering visa fees for non-UK service personnel. Ministers cynically cite the long-awaited and underwhelming plans currently under consultation as proof of progress on this disgraceful injustice, but we know that they will help just one in 10 of those affected. The truth is that Ministers are content with making these decisions, but personnel will pay twice to stay in the country they have fought for.

In summary, this is an Armed Forces Bill that provides absolutely nothing for actively serving personnel. It fails to address long-standing and well-known issues facing service communities. It willingly ignores the recommendations of a judge-led review on the service justice system. It reduces appeal time limits for serving personnel brave enough to make a complaint, and it does nothing to end the shameful scandal at eye-watering visa fees for non-UK veterans. The Tories will talk this up as a manifesto promise fulfilled, but by any measure this Bill does not match the high standards our armed forces display in their service and in what they demand of themselves. Tonight, personnel, veterans and their families will rightly be questioning whether this Government really are on their side.

It is Labour that has been working in the interests of service communities. The Tories have dogmatically opposed these efforts, but we will continue to support this Bill, despite its many faults, as the intentions and principles underpinning it are positive. However, we will do so knowing that this Government have fallen far short of delivering the very best for service personnel. This will not be the end of Labour’s efforts to secure improvements for our armed forces communities. We will continue to champion them, and we will work with others in the other place to ensure that the Government deliver on the covenant and in full for every member of our armed forces, veterans and their families. They deserve nothing else.

Question put and agreed to.

Bill accordingly read the Third time and passed.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I will now suspend the House for two minutes to make the necessary arrangements for the next business.