Question to the Ministry of Defence:

To ask His Majesty's Government, further to the remarks by Baroness Goldie on 17 October (HL Deb col 952), how many service personnel discharged or dismissed before 2000 for homosexual conduct that was legal in civilian life forfeited their full pension rights; and what plans they have to restore their full rights.

Defence recognises and accepts that the policy that homosexuality was incompatible with Service life was unacceptable and that its LGBT+ veteran community suffered as a consequence. As part of the Veterans’ Strategy Action Plan 2022-2024, the Ministry of Defence (MOD) and the Office for Veterans’ Affairs (part of the Cabinet Office) co-commissioned Lord Etherton PC Kt QC to chair an independent review into the impact of this policy. Once completed, Lord Etherton will send a report containing his recommendations to the Chancellor of the Duchy of Lancaster and The Secretary of State for Defence. The Government will then decide what action to take.

The MOD is not aware of any instances in which the accrued right to a pension has been forfeited because of the member’s sexual orientation; Service personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights. There are no provisions of the Armed Forces Pension Scheme which are discriminatory on the basis of a member’s sexuality. Accordingly, it is not possible in law to amend the scheme rules so that they have retrospective effect. As there is no existing discretion in the Armed Forces pension rules to retrospectively deem pensionable service to have been given in order to provide for additional pension entitlement, they are not an appropriate vehicle for financial compensation.