Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if he will publish the advice given by Defence Police Chief's Council in 2010 to delete records of investigations and dismissals into Armed Forces service people accused of homosexual conduct.
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.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, what discussions he has had with officials in his Department on the potential impact of the deletion of records of investigations relating to homosexuality in armed forces will have upon Lord Etherton's review into the treatment of LGBT veterans.
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.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if will take steps to ensure that previous deletion of records of investigations and dismissals into Armed Forces service people accused of homosexual conduct will not adversely affect (a) potential future claims for compensation, restoration of lost pension entitlements or (b) admissions of fault from his Department.
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.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if he will investigate for what reasons records of investigations and dismissals into Armed Forces service people accused of homosexual conduct were deleted in 2010.
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.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, how many veterans had their records relating to disciplinary action due to homosexuality in the Armed Forces destroyed in 2010.
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.
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.
Asked by: Carol Monaghan (Scottish National Party - Glasgow North West)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if he will issue letters of apology to all LGBT+ veterans who suffered significant (a) emotional and (b) financial hardship as a result of the former Armed Forces ban on homosexuality.
Answered by Leo Docherty - Minister of State (Ministry of Defence) (Minister for the Armed Forces)
My predecessor as Minister for Defence People and Veterans publicly apologised for the historic treatment of the LGBT veteran community and I reiterate that this treatment was entirely unacceptable. LGBT personnel have made, and continue to make, significant contributions to the Armed Forces.
I am proud of this Government’s record on improving equality. We made it possible for men with eligible historical convictions for decriminalised behaviours to apply to have their convictions disregarded and we are in the process of exploring how further Service Offences can be brought within the scope of the scheme to enable more veterans to benefit from it.
We have stated that we will go beyond existing actions in righting historic wrongs to the LGBT veteran community and I remain committed to doing so. Work is underway which will seek not only to understand and acknowledge the impacts of pre-millennium practices in the Armed Forces relating to gender identity and sexual orientation, but also where appropriate to address these impacts. We do not currently have plans to identify individuals.
Asked by: Carol Monaghan (Scottish National Party - Glasgow North West)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, whether he plans to provide compensation to LGBT+ veterans who have lost (a) earnings and (b) pensions as a result of the former Armed Forces ban on homosexuality.
Answered by Leo Docherty - Minister of State (Ministry of Defence) (Minister for the Armed Forces)
My predecessor as Minister for Defence People and Veterans publicly apologised for the historic treatment of the LGBT veteran community and I reiterate that this treatment was entirely unacceptable. LGBT personnel have made, and continue to make, significant contributions to the Armed Forces.
I am proud of this Government’s record on improving equality. We made it possible for men with eligible historical convictions for decriminalised behaviours to apply to have their convictions disregarded and we are in the process of exploring how further Service Offences can be brought within the scope of the scheme to enable more veterans to benefit from it.
We have stated that we will go beyond existing actions in righting historic wrongs to the LGBT veteran community and I remain committed to doing so. Work is underway which will seek not only to understand and acknowledge the impacts of pre-millennium practices in the Armed Forces relating to gender identity and sexual orientation, but also where appropriate to address these impacts. We do not currently have plans to identify individuals.
Asked by: Carol Monaghan (Scottish National Party - Glasgow North West)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, whether he has plans to grant pardons to LGBT+ veterans who were convicted on account of their (a) sexuality or (b) gender identity during the Armed Forces ban on homosexuality.
Answered by Leo Docherty - Minister of State (Ministry of Defence) (Minister for the Armed Forces)
My predecessor as Minister for Defence People and Veterans publicly apologised for the historic treatment of the LGBT veteran community and I reiterate that this treatment was entirely unacceptable. LGBT personnel have made, and continue to make, significant contributions to the Armed Forces.
I am proud of this Government’s record on improving equality. We made it possible for men with eligible historical convictions for decriminalised behaviours to apply to have their convictions disregarded and we are in the process of exploring how further Service Offences can be brought within the scope of the scheme to enable more veterans to benefit from it.
We have stated that we will go beyond existing actions in righting historic wrongs to the LGBT veteran community and I remain committed to doing so. Work is underway which will seek not only to understand and acknowledge the impacts of pre-millennium practices in the Armed Forces relating to gender identity and sexual orientation, but also where appropriate to address these impacts. We do not currently have plans to identify individuals.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what representations they have received about extending by regulation the disregards and pardons for now abolished offences under section 166 of the Policing and Crime Act 2017.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Government remains fully committed to considering any further representations regarding the disregard scheme and upholding its intent and purpose.
Work is ongoing across government to explore the feasibility of extending the scheme under Section 166 of the Policing and Crime Act 2017 and to identify what further offences might be added to the list of offences currently eligible for a disregard under Part 5 of the Protections of Freedoms Act 2012.