Armed Forces Bill

Stephen Morgan Excerpts

Committee stage
Wednesday 23rd June 2021 Commons Chamber

[Leo Docherty]

We have to do it the right way round. We totally acknowledge the central importance of getting investigations right in terms of delivering for our people. We will not seek to reverse-engineer the schedule of work that is before us; we will wait for Sir Richard Henriques to report, then we will calmly consider the best way forward. What I will commit to today is an absolute resolve to deliver a rigorous and sound investigation system, because it is the lack of such provision that has bedevilled our armed forces people over the last 20 years. We do take this very seriously indeed.

Moving now to new clause 2, the Government take very seriously their duty of care for service personnel and veterans under investigation. This was debated at length in the other House during the passage of the Overseas Operations (Service Personnel and Veterans) Bill, and I have engaged with Lord Dannatt, who tabled the original amendment. I therefore wish to highlight two brief points. First, service personnel are entitled to receive comprehensive legal support; and secondly, a full range of welfare and mental health support is routinely offered to all our people. This support is available both while someone is serving and through the dedicated support to veterans through the NHS’s Op Courage in England and its devolved equivalents. We are striving for a gold standard of care and the Secretary of State’s written ministerial statement on 13 April details the significant progress made.

In the case of veterans, we continue to deliver further improvements through the veterans’ strategy, so new clause 2 is unnecessary and could result in unintended consequences. A duty of care standard risks becoming a one-size-fits-all approach, leaving personnel without the right support at the right time. The difficulties of drafting such a duty of care would inevitably mean the involvement of the courts and additional litigation. We are clear on our duty to provide the correct support to our personnel, both serving and veterans, and I urge the hon. Member for Portsmouth South (Stephen Morgan) to withdraw new clause 2.

[Stephen Morgan (Portsmouth South) (Lab)]

It is a pleasure to speak from the Dispatch Box on this important legislation ahead of Armed Forces Day on Saturday. This Armed Forces Week is a chance to recognise and celebrate the service of our nation’s forces at home and abroad, past and present. Up and down the country, physical and virtual events will be held while the Armed Forces Day flag is flying proudly on buildings and famous landmarks around the UK. I was delighted to attend the flag-raising ceremony here in the House on Monday, where Mr Speaker set an example by signing the covenant. I look forward to events this weekend in my home city of Portsmouth, the heart and home of the Royal Navy.

Today is also Reserves Day, so I would like to take the opportunity to celebrate their contribution to our national defence and resilience. This year in particular has seen reservists contribute to the covid support force, providing medical and logistical support, as well as deploying skills from their professional lives. They remain a unique asset, the hidden heroes among us, balancing work and training. It is vital that they are better integrated into our forces.

It is timely that the Bill comes back before the House today. Labour supports our armed forces and welcomes the principles behind the Bill, which provides a rare opportunity for the Government to deliver meaningful improvements to the day-to-day lives of our forces’ personnel, veterans and their families. Its unusual legislative journey means that we have had a chance to consider it in detail and have a genuine cross-party discussion on how improvements can be made. That is the spirit in which Labour has approached the Bill. We have worked with service personnel, veterans, service charities and colleagues from across the House to get the very best for our forces in this once-in-a-Parliament piece of legislation.

I want to pay tribute to the local authorities, service providers, charities and voluntary organisations that are working hard to make the covenant a reality across the United Kingdom. I also want to thank those who served alongside me on the Bill Select Committee and the hon. Member for Bracknell (James Sunderland) for his leadership in the Chair. Despite that considered and expert input, however, the Government have consistently refused to hear and address fundamental concerns about the Bill. In doing so, they are missing an opportunity to deliver real improvements to the day-to-day lives of service personnel, veterans and their families. Labour’s amendments offer Ministers a fresh opportunity to get that right.

Turning to amendments 1 to 4 and 6, first, evidence from charities such as the Royal British Legion and those delivering services for veterans on the ground has reinforced Labour’s concerns that the Bill is too weak and too narrow. The Bill piles new and vague legal responsibilities to deliver the covenant on a wide range of public bodies, but mysteriously they do not apply to central Government. In practice, this would create a farcical reality where a chair of school governors has a legal responsibility to have due regard to the armed forces covenant, but Government Departments, including the Ministry of Defence, do not. As the Legion itself has pointed out, many of the policy areas in which members of the armed forces community experience difficulty are the responsibility of national Government or based on national guidance. Ministers must not be allowed to outsource the delivery of important promises in the armed forces covenant. Also, the Bill’s limited focus on housing, healthcare and education risks creating a two-tier covenant. This could start a race to the bottom on standards in other areas and will bake in the existing postcode lottery on access to services. Social care, pensions, employment and immigration are among the long list of areas we know will not be covered by this once-in-a-Parliament piece of legislation as it stands.

--- Later in debate ---

[Mr Kevan Jones]

Does my hon. Friend agree that that provision is vital? In the evidence sessions for the Overseas Operations (Service Personnel and Veterans) Act we heard moving testimony from Major Bob Campbell, who was reinvestigated over many years. One stark thing that he said was that he felt abandoned by the MOD. Supporting individuals who are going through these investigations is vital, and without what is being proposed, individuals such as Major Campbell will continue not to get the support that they deserve.

[Stephen Morgan]

I thank my right hon. Friend for that point. He was a tireless advocate for the points that he raised in the Bill Committee and I know that we will continue to work together to make sure that the Government listen to our demands.

[Ian Paisley]

I am delighted that the shadow Minister will continue to pursue that matter. Will he ensure that the principle then extends to those who have served at home, to make sure that the commitments that have been made about resolving the legacy issues and addressing these vexatious issues that have arisen from some very contemptible people will be addressed expeditiously? Will he join me in encouraging the Government to get that matter on to the Floor of the House before the summer recess?

--- Later in debate ---

[Stephen Morgan]

I thank the hon. Member for his remarks. I know that he has also been expressing these concerns for quite some time. It is unsatisfactory that we are still hearing from Government that they are thinking about this. We need certainty for those affected, and I hope the Government bring forward proposals as soon as possible.

New clause 4 would begin to repair the damage done by the previous treatment of LGBT+ veterans. The Committee will know that the ban on homosexuality in the British armed forces was lifted in January 2000 by the then Labour Government. During the ban, many were dishonourably discharged or forced from service, losing access to pensions and benefits. Some were also stripped of medals that they had earned during their service.

There are practical impacts from that discrimination, such as the loss of pension and the inability to wear ceremonial uniforms or medals. Those are all humiliations that should not be endured by anyone who has served our country. Some may still be on the sex offenders register, which is simply outrageous, but there will also be untold challenges for mental health and wellbeing. I therefore take this opportunity to thank Fighting With Pride for its compassion and courageous work to support those impacted by this issue and for working with us on the new clause. I also place on record my appreciation for the campaigning of my hon. Friend the Member for Liverpool, Walton (Dan Carden) on this issue.

In February 2020, the Government announced that former armed forces personnel who were dismissed from service on the basis of their sexuality could apply to have their medals restored. That is an important first step towards justice for those who were thrown out of the armed forces simply because of their sexuality. New clause 4 encourages Ministers to continue that work first by setting out the numbers affected, and then by considering the restoration of ranks, pensions and other forms of compensation that would be appropriate. Only then can we be appropriately honouring those who have served our country with courage and distinction.

Finally, new clause 8, titled “Armed Forces Federation”, would establish a representative body for the armed forces akin to the Police Federation. It would represent its members in matters such as welfare, pay and efficiency. It has been clear for some time now that the armed forces need independent advice and representation. Witnesses that came before us on the Bill Select Committee have reinforced that, and we continue to hear shocking stories of abuse within units. We have also heard that continued delays discourage the use of the service complaints system and concerns persist that careers will be under threat if personnel complain.

Most members of the armed forces have endured a real-terms pay cut for most of the last decade. Given the renewed emphasis that Ministers appear to be placing on the value of people as assets to our national defence, the time has come to formalise representation and support for service personnel on issues such as welfare and pay. The federation would not be equivalent to a trade union for the armed forces, in that it would not conduct or condone any form of industrial action or insubordination with the armed forces. The federation would work with the Ministry of Defence to put in place a form of understanding that could deal with such issues. It would also recognise the importance of the chain of command. Although the proposal might be seen as radical or dangerous by some, other nations including the United States and Australia already have similar models embedded in existing command structures. Our armed forces give their lives for us. Ministers should seize this opportunity to give them a real voice.

In conclusion, taken together, Labour’s amendments would truly deliver improvements for our forces personnel, veterans and their families. It would be the height of hypocrisy if the Government were to heap well-deserved praise on service communities to mark Armed Forces Week while voting against their interests in the Commons today. Labour continues to stand squarely behind our armed forces, and we take the delivery of the promises made in the covenant seriously. For us it is not about a performative show of support at a politically convenient moment, but an enduring commitment to honour the promises our society has made to those who serve. The Tories like to talk up their commitment to our armed forces, but it is Labour that is working with colleagues across the House to make sure we get the very best for them, for today and tomorrow.

During Armed Forces Week, this Government should not just celebrate and thank, they must also deliver for our forces communities.