Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, to specify which legal duty the Ministry of Defence spokesman is referring to in his remark to the BBC on 2nd November with relation to the the deletion of records of investigations relating to homosexuality in Armed Forces.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Mentions:
1: Margaret Ferrier (IND - Rutherglen and Hamilton West) that of Vahid Afkari, who remains in solitary confinement following unsafe and highly questionable convictions - Speech Link
2: Bambos Charalambous (LAB - Enfield, Southgate) We live in a world where homosexuality is a criminal offence in 71 countries and is punishable by death - Speech Link
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