Armed Forces (Prevention of Discrimination) Bill

Debate between Thomas Docherty and Lord Coaker

Friday 24th January 2014 Commons Chamber

[Vernon Coaker]

I thank my hon. Friend for his remarks. Of course some members and former members of the armed services have the difficulties that he mentions, which we should reflect on and recognise in this debate. It was good to hear about the attendance of people at the Remembrance day event in Corby.

All of us agree about the high regard people have for our armed forces, both past and present. I support the Bill because legislation is needed to protect our armed forces, both past and present, in particular circumstances. The point of difference between the Minister and me is about how we do that.

May I say that it is very important to have a bipartisan approach to the Bill? I very much agree with my hon. Friend the Member for Dunfermline and West Fife about that. I say gently to the Minister, and perhaps she will reflect on this with her colleagues, that she is right to say that there is a paragraph about discrimination on page 54 of the Armed Forces Covenant annual report 2013—it states that the Government have reflected on the issues, but are not sure that legislation is the right way forward, as she will have read—but from the way in which the Minister for the Armed Forces responded to a similar debate a year ago, we all expected a little more than that. I say gently to the Minister that because the issue is so important, as today’s debate has shown, she should reflect with her colleagues on whether a more detailed response is needed.

[Thomas Docherty]

My hon. Friend is entirely right, and I concur with the point he is making. Very clear indications were given to me and to hon. Members on both sides of the House that the MOD would question and look at Lord Ashcroft’s figures, and then put a “section” into the report about it. The MOD has neither put in such a section nor provided any evidence. I genuinely believe that if the MOD thinks that the figures are inaccurate, it needs to demonstrate why that is not supported by its own study.

[Vernon Coaker]

I very much agree with my hon. Friend. The Minister has heard his and my remarks, so will she reflect on whether in next year’s annual report, or in the interim, a more detailed assessment can be made?

There is evidence that progress has been made on the military covenant. To go back to the hon. Member for Penrith and The Border, I think that a cultural change is taking place. One thing that has happened is that there are more soldiers on the streets, which is good to see. I am interested in whether the hon. Member for Beckenham agrees. More soldiers as well as Air Force and Navy personnel—armed forces personnel—feel able, in many circumstances, to wear their uniforms in public. That is a positive thing of which we should all be proud.

--- Later in debate ---

[Vernon Coaker]

Like the hon. Member for Beckenham (Bob Stewart) I both agree and disagree with the hon. Gentleman. Of course we should not introduce this measure just as a way of sending a signal, and we must have a reason for doing it other than symbolic purposes. In a minute, however, I will come to some of the evidence we have seen and why I think this is more than a symbolic gesture—yes, I regard this as a sign, but it is also necessary. That is where I and the hon. Member for Beckenham disagree with the hon. Member for Penrith and The Border. The issue is not about the regard in which anybody holds the troops, or any such thing; it is just a disagreement about how best to take forward the issue and deal with some of the things that we know occur.

The Minister will no doubt say that the previous Government had the opportunity to introduce this Bill in 2008. They did not, but it is fair to say that we all sometimes reflect on decisions that we did or did not make. After the past two or three years, and particularly after the evidence provided by Lord Ashcroft, we must clearly reflect on whether, in the light of new evidence, we should continue to hold our current position. The 2012 report, “The Armed Forces & Society”, described worrying incidents of verbal and physical abuse, and we must therefore reflect on that and consider whether further legislation is necessary.

There exists a body of evidence, including from the book by the Under-Secretary of State for Defence, the hon. Member for South West Wiltshire (Dr Murrison), “Tommy this an’ Tommy that”, and the several things that have occurred that were mentioned previously—somebody who had been at a Remembrance day service in their uniform being refused service by Harrods and allegations of banks and building societies turning down mortgage applications. Such things have taken place and, with the example given by my hon. Friend the Member for Dunfermline and West Fife about a pub in Edinburgh, some evidence suggests that we perhaps need to take action that backs the armed forces in legislation and makes the rhetoric in this House a reality.

I would like the House to reflect on a quote from Lord Ashcroft’s report, which I think sums up the situation and the reason for the Bill:

“Personnel often said their priority was not special recognition, but not to be disadvantaged in society because they were in the Forces.”

[Thomas Docherty]

My hon. Friend is making a consensual speech. On the point about signals, the MOD has previously said that service chiefs have indicated no desire for this measure, but during my time on the Defence Committee and in my many visits to military establishments, and indeed when members of the armed forces come to this place, I am constantly being thanked by personnel who say, “You’re the MP bringing in that Bill. It’s great that someone’s doing it.” My hon. Friend is right to say that the Bill has been hugely welcomed by members of the armed forces who no longer wish to be discriminated against.

[Thomas Docherty]

It is a signal, Madam Deputy Speaker.

[Vernon Coaker]

As I have said, it is really important to say to members of our armed forces, both past and present, that we respect what they have done, are doing and will do in future, and the Bill would make the rhetoric a reality. It would enshrine it in legislation. That is a really important signal.

Clause 1 would make an assault against a member of the armed forces an aggravated crime. In answer to the point made by the hon. Member for Shipley (Philip Davies) on whether the Bill refers to armed forces personnel undertaking their duties, my reading of it indicates that that point is covered in clause 1(a), which refers to their

“status as a service person”.

That is where in the Bill membership of the armed forces is shown to be the important element with regard to an aggravated offence. That is the important point.

I say to the hon. Member for Penrith and The Border that of course this is a difficult area, but it is also difficult in some of the other areas in which discrimination legislation operates. Ultimately—I know that he knows this—that is why the Crown Prosecution Service makes decisions, which are sometimes very difficult, on whether prosecution is in the public interest and whether there is a reasonable prospect of a case reaching a conclusion. What we are saying is that the aggravated offence would be added to the list that already exists so that the CPS can take that into account when it makes those prosecuting decisions.