Armed Forces Bill

Thomas Docherty Excerpts
Monday 10th January 2011

(13 years, 11 months ago)

Commons Chamber
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Andrew Murrison Portrait Dr Murrison
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I am very pleased. I am a member of the Warminster branch of the Royal British Legion and I rarely disagree with it. It has done a great job in its honour the covenant campaign. I am very pleased that it agrees with me, and I have no doubt that it will make representations to that effect.

The Government have been spot-on in the way they have approached the covenant in this Bill. I have given a great deal of thought to what we should be doing in respect of the military covenant. As my hon. Friend the Minister knows, we considered the matter at great length when in opposition, and the debate was always about the form in which it would find its way into legislation.

At one end of the spectrum, we could be fairly didactic in what we mean by the military covenant. We could make it a bean-feast for lawyers, but that is completely against the spirit of the military covenant. It derives from Harry Levinson’s work in the 1950s and ’60s, in which he identified something called a psychological contract: a contract that was moral and that was understood, but that was not actually laid down in any form of written covenant, promise or undertaking. It is absolutely right that we should do nothing that would destroy the military covenant as part of that type of covenant. A couple of Members have mentioned the fact that this is not simply a deal between Government and officials and the rank-and-file. It also involves the general public. If we were to start putting it in a didactic contractual form, that would degrade that particular element of the deal that we understand by the term “the military covenant”.

That seems to be the view of most commentators. At the Royal United Services Institute in June 2008, Christianne Tipping said:

“This debate must continue but it must not attempt to specify that which is incapable of specification—the psychological contract is more powerful than the legal one.”

I agree. It could be said that the military covenant is at the extreme end of the psychological contract spectrum, but it is, nevertheless, part of that deal, and it is important that we treat is as such.

I welcome the annual report. The shadow Secretary of State was a little parsimonious in his praise for it. It will certainly maintain the profile of this issue. The devil is in the detail of course, in that the nature of the annual report is crucial—what it contains, how it is presented, and how it is debated. It is important that we know what the items in the report will be. We know what some of them will be, but this issue goes much further than that, of course. We must also address issues such as kit, the way we deal with the bereaved, and coroners courts. As has been mentioned, they have caused a great deal of grief over the past few years, and it would be extraordinary if they were not dealt with as part of this annual report.

It is also important that we listen to the views of third parties. They will undoubtedly comment on this, and they are also very important in the implementation of the military covenant. Government must not do that alone. If they were to do so, they would completely ignore the general public and the voluntary sector, which are another element that must be party to the military covenant. It would therefore be interesting to know what involvement from third-sector partners is envisaged in this annual report.

It is also important that the report is dovetailed with any other relevant reports there might be, such as from the service complaints commissioner, the continuous attitude survey or the external reference group. We need to know, as well, the extent to which personal functional standards subsequent to the armed forces overarching personnel strategy have been satisfied, and we need to incorporate the views of the Armed Forces Pay Review Body.

Thomas Docherty Portrait Thomas Docherty (Dunfermline and West Fife) (Lab)
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While I welcome the hon. Gentleman’s comments about external scrutiny of the armed forces annual report, does he not agree that it is vital that the House itself scrutinises the work of the MOD? Does he also agree that every year after the report is published the Defence Committee should invite the Secretary of State to appear before it to face further scrutiny?

Andrew Murrison Portrait Dr Murrison
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I believe the Secretary of State does so in any case, but that is, of course, a matter for the Chairman of the Defence Committee, and I am sure that my right hon. Friend the Chairman will be only too delighted to oblige.

It is important that we thrash out what we mean by the covenant and the deal we are prepared to strike in recognition of it. On the one hand, it might be a “no-disadvantage” covenant, by which I mean that people will not be disadvantaged by their military service. On the other hand, might it mean a “citizen-plus” covenant, in that people will get a bit extra in recognition of the fact that they are serving or have served, or are related to someone who is serving or has served, in the armed forces? It is important that we do that.

We could envisage the “no-disadvantage” covenant as being what we might aspire to at the moment, and the “citizen-plus” covenant as being the sort of model that applies in the United States. Certainly, the “no-disadvantage” covenant appears to be what people have in mind in things such as the service Command Paper. The term is used in that publication and also by Professor Hew Strachan in his recent report on the military covenant. Furthermore, of course, that covenant is a great deal more attainable, and we can take a closer view of what it actually means, if we use the benchmark of not disadvantaging people by virtue of their service. A “citizen-plus” covenant, however, is more difficult and invites calls of “Me too!”, in particular from other public servants who say that these days they are just as much on the front line. We could argue that point.

It is important that the annual report contains an outcome measure. We need to know what we are looking at in order to make an assessment of whether the Government have done what they should be doing in honouring the military covenant. What do success and failure look like? It is important that the document is subject to rigorous independent scrutiny, not least by the Defence Committee. The report will be subject to the media spotlight and the analysis of third parties, so it needs to be a comprehensive and detailed document, unless it is simply to become, in the fullness of time and potentially under another Administration, simply a tick-box exercise.

Over Christmas last year, my right hon. and hon. Friends were exercised by the air bridge between the UK and theatre. Perhaps that is a demonstration of a facet of the military covenant that could be covered in the annual report. I find to my great horror that similar problems arose this Christmas. It was a high-profile incident because it involved Katherine Jenkins and James Blunt and their failure to go to theatre to entertain the troops. Will the annual report cover theatre-specific elements of the disgruntlement of our armed forces? The Minister knows full well—we talked about this a great deal in opposition—that paramount in that list of disgruntlement tends to be things such as the air bridge and rest and recuperation.

Organisations such as the British Limbless Ex Service Men’s Association point out that people owe their allegiance to the nation, not to localities by and large, and that the covenant is a country covenant, not a county covenant. It is important, when considering elements of Professor Strachan’s report, which is excellent in almost all respects—particularly his important point about the community covenant—that we recognise that people owe their allegiance nationally and expect the covenant to be honoured nationally as well. It would be a pity if we entered into some sort of postcode lottery in how we regard our duties to the men and women of our armed forces. I represent a constituency in a military part of the country, and as a community we are fully apprised of our duties towards the men and women of our armed forces. Some parts of the country, however—perhaps because men and women of our armed forces are less prominent there—are less inclined that way, so it is important, given that this is a national covenant, that we view this nationally, not parochially.

It is also important to recognise that the covenant cuts both ways. It is a duty that the country and the Government owe to the military, but in turn the military owes a duty to the public and the Government, and it is important to assess—in my view, as part of this annual report—whether that duty is being satisfied in all respects. Everyone in this place admires our armed forces greatly—many of us have served in them—and I am second to nobody in my admiration for the men and women who serve this country so gallantly. However, there will be detractors and those who say, “It is all very well talking up the military covenant, but we also need to understand that the public have expectations of the men and women of our armed forces.” It is important to include in the report, therefore, if only to gainsay it, that we have to look at areas where the public have been let down, as well as at areas in which we have let down our armed forces. I put that down as a point for consideration in Committee.

I turn to later clauses of the Bill that broadly speaking provide for the discipline elements. Clause 6 deals with the performance of the Ministry of Defence police. I have always had cordial relations with the MOD police, who work closely with their county colleagues, but, in a similar manner to the comments by my hon. Friend the Member for Milton Keynes North, one would have to ask all the time why we have a separate MOD police force. If we are going to consider in Committee the service police—our Front-Bench team made a generous offer to do so—perhaps we might also look at policing in the round within the MOD, which of course would include the MOD police. It is important that police forces benchmark their performance. The MOD police force is a particular force with a different profile; what it does is subtly different, and its arrest and conviction profiles are very different from those of county forces, and we have to ask all the time, particularly in an age when we are looking for efficiency savings, whether the current model is the correct one. I make no judgment on that, but it might be something that the Committee should look at and take a view on.

Clause 5 deals with the appointment of provost marshals and asserts that only provost officers should be provost marshals, which struck me as slightly odd. At a time when we are looking for ways of making heads of police forces lay people, it seems a little odd—it sits uncomfortably with it—to insist in the Bill that in all circumstances provost marshals should be provost officers.

I am always a little wary when it comes to extending anybody’s powers—in this context, the powers of service police—unless I am faced with a good reason. That must be our starting premise. However, I do not have a good reason for why we need to extend the powers of service police. Although I am perfectly willing to take Ministers’ words for it that it is necessary, we will have to tease out in Committee why we need to extend the powers in the way described.

Clauses 9 to 11 and compulsory testing have been discussed at length by the hon. Member for Dwyfor Meirionnydd and in an authoritative fashion that I cannot match. However, I start to get concerned about compulsory testing, particularly when it involves health care professionals. This is an ethical minefield and something that no doubt will need to be explored in Committee.

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Thomas Docherty Portrait Thomas Docherty (Dunfermline and West Fife) (Lab)
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May I begin, Mr Deputy Speaker, by wishing you and the whole House a very happy new year? [Interruption.] I am just disappointed that it is Opposition Members who have all the festive cheer at this time of year—[Hon. Members: “Where are they?”] I am pleased to see so many Conservative Members in the Chamber today; they obviously were not encouraged to go to Oldham to support the Lib Dem candidate in that by-election.

I pay tribute to our armed forces, who continue to serve overseas, often in difficult circumstances. Like many other Members on both sides of the House, I have had constituents who have tragically lost their lives in the service of the country. I know that their sacrifice will never be forgotten.

I have both a dockyard and a naval base, HMS Caledonia, in my constituency. I have a particular interest in this subject as so many people have such a long and proud tradition of serving our nation in the armed forces. Although the Opposition obviously support the principles of the Bill—as the Secretary of State said, it is in some ways a technical requirement to maintain our armed forces—I and, I am sure, other colleagues have some specific concerns that are as much to do with what is missing from the Bill as what is in it.

First, let me turn to the issue of the armed forces charter or covenant, or the military covenant, depending on one’s viewpoint. As some hon. Members might recall, late last year I introduced a ten-minute rule Bill on an armed forces charter. Although I do not intend to rehearse all those arguments, I said at the time that Opposition Members share the concerns of the Royal British Legion that the Ministry of Defence needs to do more to introduce more effective prevention and treatment strategies to tackle mental health problems, binge drinking and drug abuse. Both the Opposition and the legion, as well as other service and veteran charities, are deeply concerned that of the 50,000 service personnel homes in the United Kingdom, two thirds do not meet the MOD’s standards for family accommodation. Under the spending outlined by Ministers, it will take 20 years to bring all the family accommodation up to an acceptable high standard.

Louise Mensch Portrait Ms Louise Bagshawe (Corby) (Con)
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Is that shameful legacy not in fact the legacy of the hon. Gentleman’s Government, and are this Government not taking steps to put that right?

Thomas Docherty Portrait Thomas Docherty
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I am very grateful to the hon. Lady for her comments, which allow me to point out that under the previous Labour Government, 75,000 single bed spaces were brought up to—or had funding put in place to bring them up to—standard.

None Portrait Ms Bagshawe
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In 13 years?

Thomas Docherty Portrait Thomas Docherty
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I am grateful for the opportunity provided by her sedentary comment to point out to her that we achieved a great deal more than that in terms of armed forces standards. It is disappointing that that level of funding has not been continued by the current Government.

Bob Russell Portrait Bob Russell
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I wonder whether I might help the hon. Gentleman by being devil’s advocate and pointing out that it was the previous Conservative Government who privatised the Ministry of Defence housing through Annington Homes. That is the root cause and this Government need to do more to put right what the last Labour Government failed to do.

Thomas Docherty Portrait Thomas Docherty
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I am grateful to the hon. Gentleman who, as ever, shows his fancy footwork, blaming both his Government and the previous Conservative Government. I must agree that his Government are not doing enough to support housing.

Opposition Members are deeply concerned that although the Ministry of Defence is happy to place new onuses on local authorities and the NHS, the one group of people that should not have statutory responsibilities according to the MOD is, funnily enough, the MOD. By that rather large omission, clause 2, which covers the charter, is in effect toothless. The organisation that, more than any other, has responsibility for the welfare of our service personnel, their families and our veterans is, of course, the MOD. When he replies to the debate later this evening, I hope that the Under-Secretary of State for Defence, the right hon. Member for South Leicestershire (Mr Robathan) will assure Labour Members that the MOD will re-examine that glaring omission.

The hon. Member for Corby (Ms Bagshawe) and others often accuse Labour Members of not coming up with funding solutions to meet such commitments. I will indulge her by providing a simple example of where we can find more than £100 million, which could be put into accommodation for service personnel. According to the MOD, we spend—before she jumps to her feet, I accept that the previous Government did not do enough to tackle this issue—£110 million on private school fees for the children of service personnel. Almost half that money—some 40%—goes to officers in the top ranks of lieutenant-colonel and above, who are effectively the top brass, while only 10% goes to the ranks of staff sergeant and below. It is, in effect, a subsidy for public schools.

Lord Robathan Portrait Mr Robathan
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I want to shoot this canard, fox or whatever you like. People in junior ranks, both officers and non-commissioned officers, tend to be younger. Guess what? They do not have children who want to go to such schools. In fact, there are private soldiers whose children go to private schools, and there are junior officers whose children go to private schools. They are not at home, and they need the continuity of education provided by that allowance.

Thomas Docherty Portrait Thomas Docherty
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I thank the Minister for spelling out his position. This evening, I have tabled a written question to clarify how many of the service personnel who receive the £110 million subsidy—the schools get the money—are serving overseas. One of our concerns is that those officers are on not two or three-year furloughs overseas but six-month deployments. The MOD is, in effect, providing a ring-fenced sum of money for public schools, which is disappointing at a time when we are seeing job losses in both the armed forces themselves and in companies such as British Aerospace. When the MOD made cuts, it did not take a penny out of the continuity of education allowance, and that decision should be re-examined.

Dan Byles Portrait Dan Byles
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Is the hon. Gentleman suggesting that when soldiers return to the UK after perhaps two years, their children should move schools, and that when, two years later, they are posted overseas again or to a different part of the country, their children should return to boarding school? That does not make sense.

Thomas Docherty Portrait Thomas Docherty
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I shall clear that up before giving way to the Minister: if the argument for spending £110 million a year on public schools is based on soldiers being posted for six months to Afghanistan before returning to Britain, it is not an acceptable use of public money.

Lord Robathan Portrait Mr Robathan
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As the hon. Gentleman may know, we are tightening up the rules on the continuity of education allowance. If he would like to come along to the MOD and meet them, I can introduce him to people who will tell him, as they tell me, that their children have changed schools as many as four times in five years, which is not good for continuity of education or for keeping good personnel in the armed forces.

Thomas Docherty Portrait Thomas Docherty
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I am grateful to the Minister for his offer to meet me to discuss the matter outside the House, which I shall certainly take up. I will not labour the point for much longer, because other hon. Members want to speak. As we move to withdrawing troops from Germany in 2015—perhaps it will be slightly later, if the MOD does not get its timetable right—it is the right time to consider scrapping or phasing out the continuity of education allowance.

James Gray Portrait Mr Gray
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Has the hon. Gentleman considered what effect that would have on the excellent Queen Victoria school in Dunblane, which is close to his constituency and located in my home town? It is a private boarding school for the sons and daughters of other ranks in all three services.

Thomas Docherty Portrait Thomas Docherty
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I am grateful to the hon. Gentleman for highlighting that school. I have specifically referred to the continuity of education allowance. As the Minister will confirm, that school and its sister school in Dover—if the hon. Member for Dover (Charlie Elphicke) is listening, I am sure that he will confirm this—are directly funded by the MOD. That funding does not come through the continuity of education allowance.

Oliver Colvile Portrait Oliver Colvile (Plymouth, Sutton and Devonport) (Con)
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I represent a naval port. Families are moved from Plymouth to Portsmouth, Faslane or Rosyth. It is difficult for those families to get their children into schools, because they may be moved in July, by which time the local authority has already made its decision. The issue is about providing continuity, safeguards and security for those children’s education. If those children are moved on a regular basis and do not get into the right school, it can make life very difficult. I am the son of a sailor, and my education was moved around during the course of my life. We must ensure that children have the opportunity to go to school with continuity in order to safeguard their futures.

Thomas Docherty Portrait Thomas Docherty
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I seek further clarification, because the hon. Gentleman has made an interesting point. The purpose of the continuity of education allowance is to help those personnel who are serving overseas, but he has said that it applies to personnel who serve in different parts of the United Kingdom. He has mentioned Rosyth, and we have some excellent schools in West Fife. There would be no problem with the children of personnel getting into some of our excellent schools, and I am happy to recommend some of them to him.

Dan Byles Portrait Dan Byles
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I will put the matter in context for the hon. Gentleman. In my nine years of service, I was posted to Colchester, Kosovo, Catterick, London, Bosnia and Tidworth—six locations in nine years. People do not know whether they will be posted overseas. The posting order sometimes gives them as little as a month’s notice of where their next posting might be—if they are lucky, they might get two or three months’ notice. The issue is about not only being posted overseas, but about having a completely disjointed lifestyle.

Thomas Docherty Portrait Thomas Docherty
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It is strange that Conservative Members are unwilling to draw a comparison with the private sector. In my eight years in the private sector, I lived in a number of locations. I know many people who work in the private sector—and, indeed, in the public sector—who have to move home every two or three years. It is regrettable that as a result of some of the decisions that have been made, that trend will increase. It is unusual to hear Conservative Members say that moving home and uprooting one’s family is not part and parcel of a modern career path. I accept the point about interrupting the education of those pupils who currently receive the continuity of education allowance. That is why we need to consider phasing out the scheme, so that no child who is currently in receipt of it is adversely affected.

I want to move on to an issue that I am disappointed has not made it into the Bill, and I hope that the Secretary of State and the Minister will reflect on this point in the days before the Select Committee begins its deliberations. The issue concerns ensuring proper scrutiny and a proper process for base closures. Labour Members and many Government Members, including the right hon. and learned Member for North East Fife (Sir Menzies Campbell), have long held the view that the correct order of decision making on military matters begins with determining our national security threats and foreign policy objectives. We should then determine the defence postures needed to meet those objectives and threats, and then make decisions on the basing, equipment and personnel levels required to meet them. After that, we should decide how best to structure the funding.

James Gray Portrait Mr Gray
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I, too, feel strongly about this matter because RAF Lyneham in my constituency is threatened, but will the hon. Gentleman explain which aspect of the Bill has any bearing whatever on the basing considerations?

Thomas Docherty Portrait Thomas Docherty
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Like other Opposition Members, I would like a clause on this issue to be inserted into the Bill. As the Secretary of State has said, the Bill presents an opportunity to legislate on the armed forces and that opportunity comes around about once every five years. As he said, this is the Ministry of Defence’s opportunity for a Christmas tree Bill, to use American parlance, on which to hang additional amendments and clauses that do not necessarily fall within the strict area of military discipline. That is what Opposition Members seek.

I have just outlined the usual process and it is disappointing that the coalition has turned that process on its head with the Chancellor and the Chief Secretary to the Treasury telling the Secretary of State for Defence, “This is your budget: this is all you are going to get—go and make it work,” rather than taking any real cognisance of the vital national security role. That is why we are in the absurd situation of having aircraft carriers with no aircraft. Even if the French get their aircraft carrier to work, we will go a decade without any fast jets because of the folly of Treasury decisions. That has led to communities facing a great deal of uncertainty regarding base closures. Having attended some of last year’s debates in the House—as did the hon. Member for North Wiltshire (Mr Gray)—I have heard the concerns felt by communities around the country about the Government’s process of determining base closures.

Last year, I was fortunate enough to go to the United States with the British-American Parliamentary Group and I strongly commend that scheme to hon. Members on both sides of the House who have not had the chance to get involved in it yet, because it gave us the chance to meet, among others, representatives of the Pentagon, the Department of State and the National Security Council. On that trip I learned that the US has a legislative process for base closures. With such a system, we would not get the current absurd situation in which the Secretary of State for Defence has said that base closures would be a purely strategic defence matter, the Chief Secretary to the Treasury has said that they would be motivated by socio-economic matters and the Prime Minister and the Chancellor have both told us that they will be driven by financial needs. Such confusion does not arise in the US because there is a clear process and military personnel have at least two years’ notice before any base may be closed.

The base realignment and closure process, as it is officially known, was set up in the late 1980s by the Reagan Administration to act as an arbiter between the Department of Defence, congressional leaders, individual Congressmen and communities who were understandably fighting—I hope hon. Members will pardon the pun—tooth and nail for each base. Going back to the question of the hon. Member for North Wiltshire about why this issue should be part of the Armed Forces Bill, it is because such a change would require an Act of Parliament in the same way that it required an act of Congress in the US. The BRAC process begins with a threat assessment.

James Gray Portrait Mr Gray
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I am sorry to come back to this issue, but as the hon. Gentleman has mentioned me, perhaps it is reasonable for me to do so. The long title of the Bill shows that it deals with very specific issues to do with discipline, civilian courts, the Naval Medical Compassionate Fund Act 1915 and a number of other matters, but under none of the headings in the long title could the basing debate be considered. If it is in order to discuss this issue, I feel a lengthy speech on RAF Lyneham coming up.

Thomas Docherty Portrait Thomas Docherty
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The hon. Gentleman is an excellent orator so we will all look forward to his speech, which I am sure will not feel lengthy to anyone. We are guided by the Clerks and the advice that we have received is that it will be entirely appropriate for us to table additional clauses in Committee. I am sure that the Clerks will advise hon. Members on the process for amending the long title of the Bill if that is necessary and practical.

I am conscious that other hon. Members wish to catch your eye, Mr Deputy Speaker, so I shall press on. The independent commission in the US is appointed by the President in consultation with members on both sides of the congressional aisle—I understand that there are two nominations from the Democrats and two from the Republicans and that they are traditionally former service chiefs. The commission carries out a very transparent process in which it is given a list of bases and works according to the criteria set out in law. The highest criterion is defence—I am sure that Members on both sides would agree that that is appropriate—but the commission is allowed to take into account, as a secondary consideration, factors such as the economic impact of closure on local communities. Regional public meetings are held to give the public an opportunity to give their input into the process. When the commission has completed its work, it forwards its recommendations to the President who can accept the proposal as a whole or simply reject it. If the President accepts the proposal, it is forwarded to Congress, which then has a debate and what is called a straight up-and-down vote on the list in its entirety. That is important because it prevents cherry-picking and means that the strategic objective of securing the best base system for the nation is not lost.

I conclude by asking the Minister to answer two questions in his response. First, he will be aware that many of the functions of supporting veterans fall on the devolved Administrations. What discussions between the devolved Governments and the Ministry of Defence have taken place and will take place as the Bill goes forward on how to ensure that there is no difference of interpretation or implementation between England, Scotland, Wales and Northern Ireland? Secondly, will he clarify whether, given the comments of the hon. Member for North Wiltshire and others, it is technically in order for Members to seek to add new clauses in Committee, without prejudicing what the MOD’s thinking on that matter might be?

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Bob Russell Portrait Bob Russell
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That is a good question. I do not know the answer, but it is the sort of detail that we should discuss in Committee.

I am talking about a huge reduction in security for the Army families, which is not good. Fortunately, we are living in more peaceful times in the United Kingdom. At the time of the IRA troubles, like any other military town we needed all the security that was going.

Thomas Docherty Portrait Thomas Docherty
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My understanding is that like the Civil Nuclear Constabulary, the terms of operation and the rights of the MOD police are much more limited than those of the civilian police forces. Is that correct?

Bob Russell Portrait Bob Russell
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No, that is incorrect. A Ministry of Defence police officer has marginally more powers than an ordinary police officer because he is a police officer plus. He has the military addition. We must not get confused with the red caps. In Colchester we now have a combined police station, with the Royal Military Police—the red caps—the Ministry of Defence police and the Essex constabulary all working out of one police station. MOD police officers—as Private Eye calls them, MOD Plod—are police officers plus, because they are also part of the garrison Army family.

Until the last general election, I was one of three parliamentary advisers to the Royal British Legion. As the Labour and Conservative Members who advised it stood down at the election, it decided to end that arrangement. It now has other ways of bringing matters before Parliament. I mention that because reference has been made to the military covenant. Early-day motion 1 in November 2007 was tabled by myself and was eventually signed by 203 Members throughout the House, 17 of whom are now Ministers—four are in the Cabinet, and three are Defence Ministers, including the Under-Secretary of State for Defence, the hon. Member for Mid Worcestershire (Peter Luff), who is on the Treasury Bench. You, Mr Deputy Speaker, also signed it, along with Mr Speaker, who was not the Speaker then.

Alongside the Royal British Legion, which does valiant work, we have the Army Benevolent Fund, or ABF The Soldiers Charity, as it likes to be called; Veterans Aid, one of the smaller specialist charities, if I may use that term, which does fantastic work for former military personnel who are at the bottom of the pile and is based down the road in Victoria; Combat Stress; and numerous military, regimental and other charities. We need to get their recommendations, advice and views when we consider welfare and so on. Help For Heroes has taken off. I am pleased to say that one of its first rehabilitation centres, if not the first, will be in Colchester.

I suggest to the Committee that it visit the Military Corrective Training Centre in Colchester, which takes people from all the services who have been given a custodial sentence and whom the Army, Navy and Air Force wish to have return to the service. The centre is almost like a finishing school. The vast majority of those who go there are Army, it must be said, and the vast majority of those who graduate from it return to their units as better soldiers, sailors or airmen as a consequence. The centre also deals with those who have been given a military sentence before they are discharged. I mention that not because I am advocating that our civilian prisons should become military—far from it; I was very much against a previous Government’s boot camp policy—but because I am sure the civilian Prison Service could benefit from the education and training provided by MCTC.

I conclude by commending the Bill. The debate has been constructive on both sides of the House. There will be differences, but I am sure of the unity of purpose in the Chamber for our armed forces. I hope the Bill will go forward and eventually become an Act.

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Jack Lopresti Portrait Jack Lopresti
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I thank my hon. Friend for her intervention. We Members have a responsibility to ensure that, when there are issues in our own constituencies, we bring them to the House, question Ministers and raise them in debates, so that it is on the public record that we are doing our utmost the protect the interests of service people in our constituencies.

I shall focus my contribution, as others Members have, on clause 2, which I very much welcome. It ensures that provision is made to place a statutory duty on the Secretary of State to report annually to Parliament on the effects of service in our armed forces and on the welfare of serving and former members of the armed forces and that of their families. That provision will ensure that the military covenant, which the Government are rebuilding, will be advanced year on year.

We ask our armed forces personnel on operations in Afghanistan and elsewhere to face paying the ultimate price for the protection of our country, its citizens and our freedoms and way of life. We should do that only if they are properly equipped for the task, if they are trained to the highest possible level and if they and their families are provided for when they retire, or are wounded or killed, in recognition and admiration of the sacrifices that they have made.

The unwritten contract between the state and the men and women whom we ask to defend it is rightly a long-standing tradition. In the dangerous, unstable world that we face today, and in the ongoing war on terror, its continuation and development is more important than ever before. Disappointingly, the previous Administration reneged on the covenant. They did not adequately equip our troops for the most hostile of conflicts, they neglected the welfare of our service families, our injured personnel and our veterans, and they left a £38 billion hole in the Ministry of Defence budget at a time of war.

Thomas Docherty Portrait Thomas Docherty
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I commend the hon. Gentleman for his valiant service overseas; I know that he still hopes to go back.

Government Members are so keen to talk about the £38 billion hole. Does the hon. Gentleman not accept that that comes from a single line of a National Audit Office report that actually said that if future Governments did not adequately fund commitments through this decade there would then be a £38 billion hole? It was not referring to the previous decades of funding, but to the forthcoming decade. It is therefore possibly not quite accurate.

Jack Lopresti Portrait Jack Lopresti
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The hon. Gentleman cannot run away from the fact. There is a £38 billion hole in the budget. He can try to dazzle me with statistics and perhaps more detailed knowledge, but the fact is that there is a £38 billion deficit in the defence budget.

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Jack Lopresti Portrait Jack Lopresti
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Yes, it is. I thank my hon. Friend for bringing that point to the debate.

If Labour Members have any uncertainty about the extent of the neglect that they caused, the evidence in the results of the May 2010 armed forces continuous attitudes survey may offer some clarification. It showed that just 32% of serving personnel said that they felt valued. Let today’s debate be one of the first crucial steps that we take to restore the moral commitment that was broken—the crucial step that will ensure that our armed forces have the support that they need and that their families and former service personnel are treated with the dignity that they deserve.

It was a great encouragement that on 11 June last year, not even a month into the new Parliament, the Prime Minister announced that the operational allowance for the armed forces would be doubled and backdated from 6 May. From the very start, the Government have ensured that the welfare of our service personnel is at the very top of their agenda.

In the programme for government, the coalition set out its policies for rebuilding the military covenant, all of which are aimed at improving the welfare of service personnel, veterans and their families. That is more than just words on a page; the Government have acted swiftly to ensure that the military covenant will be enshrined in law so that never again will our promise to the servicemen and women of our country be broken. The informal understanding of the state’s duty of care to its armed forces will cease to be regarded as an obligation; it will be a firm rule that all future Governments will have to adhere to. As the Prime Minister said, the time has come for our commitment to be

“refreshed and renewed and written down in a new military covenant that’s written into the law of the land.”

Thomas Docherty Portrait Thomas Docherty
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I am grateful to the hon. Gentleman, who is being very generous. He is absolutely right to say what should happen, but does he not accept that the one group of people who are not legally responsible will be the Government? They are putting legal responsibilities on local government and the health service, but not on the MOD. That is a shabby situation.

Jack Lopresti Portrait Jack Lopresti
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As I just said, the fact that for the first time the military covenant will be enshrined in law is a massive step forward in accountability.

In early December, Professor Hew Strachan published the report, commissioned by the Government, that his independent task force developed. As a demonstration of their commitment, the Government immediately began work on implementing two of the report’s recommendations: the armed forces community covenant, which encourages communities across the UK to volunteer support for their local armed forces; and a Chief of the Defence Staff commendation scheme, which will allow the head of the UK’s armed forces to thank individuals or bodies who give exceptional support to the armed forces. Those are great initiatives along the way to restoring the covenant, and I look forward to the full response of the defence personnel, welfare and veterans Minister to the report in the spring.

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Lord Robathan Portrait Mr Robathan
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If it is the case that the hon. Gentleman is, in fact, Welsh, contrary to all expectations and signs, of course I withdraw the remark.

The armed forces are under-represented in the prison population. I am sure that the hon. Member for Dwyfor Meirionnydd did not mean to do this, but it is important that we do not patronise our soldiers, sailors and airmen, who are more law-abiding than most. Of course some of them go to prison, but we are talking about responsible adults, some of whom commit crimes. Interestingly, the chances of being in prison if one has been in the armed forces are considerably less than if one has not. Our armed forces members want to be treated as responsible adults and not as victims.

I thank my hon. and gallant Friend the Member for South West Wiltshire (Dr Murrison)—he is a doctor and he is very gallant—for his extremely important report “Fighting Fit”. He asked whether we should call the armed forces covenant the military covenant in the Bill and I shall look into that. There is a legal issue involved, but I can certainly say that the covenant report will not be a tick-box exercise.

The very Welsh hon. Member for Rhondda was particularly keen on armed forces members from Wales being able to serve in Wales, but my experience of young people—both those going into the armed forces and those going to university—is that they often want to get away from their home environment. I have not heard many complaints about this before and I think they might not wish to be close to home. In my period in the armed forces, a very long time ago, I spent a disproportionate amount of my time training in Wales—in the Brecon Beacons at Sennybridge, in Snowdonia and in other places. The hon. Gentleman was very disparaging about Sennybridge, but I rather liked it.

The hon. Member for Dunfermline and West Fife (Thomas Docherty) referred to the system of having a Bill every five years as technical, but I disagree entirely. I notice that he read history, but I do not know whether he got his history degree.

Thomas Docherty Portrait Thomas Docherty
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It is a work in progress.

Lord Robathan Portrait Mr Robathan
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There is a lot of that going on.

This is not a technical Bill: it is incredibly important. Those of us who know the history of the Bill of Rights 1689 know that it is incredibly important to have parliamentary authority for the armed forces. That remains as true today as it was more than 300 years ago; that is why we have a democracy. The hon. Gentleman then blamed the Government for the poor housing, which I thought slightly strange. He said that “the money was put in place for sorting out the housing,” but I think that might have been part of the £38 billion that we could not find when we came into office.

The hon. Gentleman then spent a long time showing his prejudice against private education, harking back to the good old days of class warfare. There was no logic involved—just prejudice.

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Thomas Docherty Portrait Thomas Docherty
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May I clarify that I have no prejudice against people choosing to spend their own money on private health care or private education? I just object, when there are severe budget cuts for the MOD, to £110 million of taxpayers’ money being spent subsidising other people’s private education.

Lord Robathan Portrait Mr Robathan
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As I explained, the reason for the continuity of education allowance is so that children do not have to change schools often. I have heard of changes more than four times in five years and I do not think that is very fair on those children or their families. With that sort of system, people would tend not to stay in the armed forces. Be they private soldiers or generals, they would say, “I am not staying in the armed forces; I am going to do something else.” That is the reason for the allowance. [Hon. Members: “Private soldiers?”] Yes, private soldiers do send their children to independent schools. [Interruption.] I cannot speak on this in detail, but I assure Opposition Members—who presided over the system, which we are tightening up dramatically—that nearly 50% of those who use the continuity of education allowance are not commissioned officers.

Thomas Docherty Portrait Thomas Docherty
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Will the Minister give way?

Lord Robathan Portrait Mr Robathan
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No, not again.

I am sorry that I was not in the Chamber when the hon. Member for Colchester (Bob Russell) made his speech. [Interruption.] That is what it says here. He particularly seeks the maximum involvement of armed forces charities in the work of the covenant and that is absolutely what we want.

My hon. Friend the Member for North Wiltshire (Mr Gray) talked about the heroism in the armed forces, recognised in Wootton Bassett in his constituency, and I think that we all agree on that. He welcomed our commitment to the armed forces covenant and the fact that our manifesto commitment will be kept, but he should watch how the issue develops, because I think that he will be more satisfied than I understand he appeared to be in his speech. The provision is not a “sad little clause”; it is an important step forward in fulfilling our obligations to the armed forces.

I pay tribute to my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) for his service in Afghanistan. I was glad to hear that he welcomed clause 2 and was critical of the previous Government’s record on the covenant. It seems rather strange that we get criticised for all these things after seven or eight months, whereas I seem to remember that the previous Government were there for 13 years.

My hon. Friend the Member for Tamworth (Christopher Pincher) asked us to go the extra mile for the armed forces. He is absolutely right. They are in a unique position, and we should and will go that extra mile; we are committed to doing so. He talked about service family accommodation. We are working on improving quality. I recently cut the turf on a new estate, the Canadian estate in Bulford. It was put on hold under the last Government, but we have started again. There is, of course, a big issue about cost. We are also working towards greater home ownership. My hon. Friend may know of the new employment model, which will mean that the Army will tend to be based more in the same place, rather than moving around the country.

I heard the plea that my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) made for Armed Forces day in Plymouth, and we will certainly consider that. I absolutely agree with his central point, which is that we must make the armed forces feel valued. I know that I am a bit older than some people on the Opposition Front Bench—

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Lord Robathan Portrait Mr Robathan
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After that extremely long intervention, I notice that the right hon. Gentleman did not answer the question. He says that we are taking money away from people. We are doing nothing of the kind. That is scaremongering. We are changing the indexation going forward, as he is well aware. We must address the huge debt left behind by the previous Government. [Interruption.]. Opposition Members are obviously in denial. That is what we have to do.

The Bill is important, as I have explained, because it is part of parliamentary control of the armed forces. It provides the legal basis for the armed forces to exist. Without it, there would be some rather interesting and difficult situations.

Thomas Docherty Portrait Thomas Docherty
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Will the Minister give way?

Lord Robathan Portrait Mr Robathan
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No, I think not.

There is an annual continuation order, which must be approved by both Houses every year. The Bill is the primary legislation, which we must have every five years, as most Members of the House know. I have a real interest in the safe passage of the Bill. Perhaps I should have declared that I am a recipient of an armed forces pension changing from RPI to CPI indexation. It will be a privilege to take the Bill through the House.

Finally, I pay tribute to all members of the armed forces who are even now serving on duty in Afghanistan in real danger on our behalf. I also pay tribute to the families and the communities who support them.

Question put and agreed to.

Bill accordingly read a Second time.

armed forces bill (programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Armed Forces Bill:

Select Committee

1. The Bill shall be committed to a Select Committee.

2. The Select Committee shall report the Bill to the House on or before 10 March 2011.

Committee of the whole House, consideration and Third Reading

3. On report from the Select Committee the Bill shall be re-committed to a Committee of the whole House.

4. Proceedings in Committee of the whole House on re-committal, any proceedings on consideration and proceedings on Third Reading shall be completed at one day’s sitting.

5. Proceedings in Committee of the whole House and any proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

6. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion one hour after the commencement of those proceedings or at the moment of interruption on that day, whichever is the earlier.

7. Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House and on consideration and Third Reading.

Other proceedings

8. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Angela Watkinson.)

Question agreed to.

armed forces bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Armed Forces Bill, it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Angela Watkinson.)

Question agreed to.

SELECT COMMITTEE ON THE ARMED FORCES BILL

Ordered,

That the following provisions shall apply to the Select Committee on the Armed Forces Bill:

1. The Committee shall have 14 members, to be nominated by the Committee of Selection.

2. The Committee shall have power—

(a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place and to report from day to day the minutes of evidence taken before it;

(b) to admit the public during the examination of witnesses and during consideration of the Bill (but not otherwise); and

(c) to appoint specialist advisers either to supply information not readily available or to elucidate matters of complexity relating to the provisions of the Bill. —(Angela Watkinson.)