Armed Forces (Flexible Working) Bill [HL]

(Limited Text - Ministerial Extracts only)

Committee: 1st sitting (Hansard): House of Lords
Tuesday 12th September 2017 Grand Committee

[The Minister of State, Ministry of Defence (Earl Howe) (Con)]

My Lords, through this group of amendments, the noble and gallant Lord, Lord Craig, questions the wording of the Bill in a number of ways. I hope to persuade him that Clause 1 has been drafted with careful consideration of the effect that the Bill would have on implementation of flexible working.

Amendment 1 seeks to remove new Section 329(2)(ha) and replace it with new wording, which would provide the Defence Council with different powers. Those different powers would enable the Defence Council to make regulations enabling flexible rather than part-time service for enlisted regulars and for a regular to be able to request periods of unpaid leave. The noble and gallant Lord raised these points at Second Reading, and the aim, as I understand it from his remarks today, is to move away from the language of “part-time service” and replace it with “flexible service”, the underlying thought being that it would be more appropriate to label this change as another form of unpaid leave.

Regulars can already serve on a flexible basis. The options which exist are several: variable start and finish times; compressed hours; home working; and career intermissions. The first three of those are essentially a means to rearrange the working day or week, while career intermissions involve unpaid leave for up to three years for, say, a period of study. The Bill is doing something quite different from those arrangements. It is creating part-time service, as commonly understood. That is why the language used has to be the right language.

The effect of Amendment 1 would be that all flexible working arrangements for regulars would have to be provided for by way of Defence Council regulations. We regard that as unnecessary, and it would require a major rewrite of the existing terms of service regulations to deliver. I cannot agree with the noble and gallant Lord that the term “part-time” is belittling, nor do I think that it will undermine service ethos. I was grateful for the pertinent observations of the right reverend Prelate in this context.

We have to remember several key things here. We are envisaging that only a modest, albeit significant, number of our people will apply to take up the new arrangements once they are introduced; the majority of regular service personnel will continue to serve on a full-time commitment basis. Personnel whose applications to work part-time are approved will do so for a temporary period only. They will remain subject to service law at all times and will be subject to recall under defined circumstances. We need constantly to bear in mind that this measure will, par excellence, help us retain and recruit the best people for defence. Currently people choose to leave when their circumstances change and the current system cannot accommodate them. We know this from extensive surveys that we have done. One therefore has to see this in the wider context.

As for unpaid leave, as the noble and gallant Lord rightly said, regulars can already request this; for example, by asking for a career intermission. While we agree that leave is of course a well-understood service arrangement, the part-time working arrangements to be delivered under the Bill go beyond unpaid leave, which is why they require special provision. They go beyond unpaid leave for very particular reasons. Under the unpaid leave arrangements, the individual has no formal level of protection from recall to either full-time duty or deployment other than that of being on leave. The right to apply to work part-time to be delivered under the Bill goes considerably beyond that. It will provide more certainty for the individual, affording them rights to remain on a flexible working arrangement which can be revoked, as I said, only under certain circumstances, such as a national emergency.

The noble and gallant Lord’s second amendment seeks to remove some of the language in new Section 329(2)(i) and replace it with wording to make it clear that only the regular can restrict their service to service in a particular area. I take this amendment to be driven by a view that the current language in the Bill would permit defence to place geographical restrictions on a regular’s service against their will—potentially—although I was grateful for the noble and gallant Lord’s concession that the present Government do not intend that, but I hope to persuade him that no Government could do it. This is certainly not the intention behind the existing language, nor is it its legal effect. Section 329 is there to provide protections for regular service personnel, so it is clear that these new regulations will be able to make provision for this new form of service only for the benefit of the regular, subject to the other restrictions permitted by the Bill. It cannot be imposed upon them. In fact, the Bill would ensure that service personnel are in control over whether to choose to apply to take up the new flexible working options. They would have the right to apply but there is absolutely no provision to make service personnel take up the new flexible arrangements.

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[The Earl of Listowel (CB)]

My Lords, listening to the Minister’s comments and reflecting on the discussions on the Bill, I understand that the children of many service personnel have quite difficult journeys into adulthood, with a lot of disruption. Looking at the new provisions in Clauses 1 and 2, am I right in thinking that the Bill will make it easier for parents with young children to remain close to those children if they choose to do so, and might it reduce the disruption to those children’s lives? Might that be the effect of the Bill?

[Earl Howe]

Certainly. Although that is not the whole rationale, the provisions that we are proposing to introduce are designed to be family-friendly—for example, for women considering starting a family or those with caring commitments, or those who are bringing up a family and, for any reason at all, there are personal circumstances that create difficulties for them. That could be a very good reason for somebody to apply to work part-time on a temporary basis. So I agree with the noble Earl.

[Lord Craig of Radley]

My Lords, I thank the noble Earl very much for what he has said. I am not sure that I followed it all completely so I look forward to reading it. I would just make one or two comments, if I may, at this stage.

On Amendment 1, the noble Earl’s addiction to “part-time basis” and part-time service is clear, but I am not sure that I understand why it has to be in primary legislation. If the Government want to have a number of flexible working arrangements, most of which are already in place and have been put there as a result of secondary legislation or Queen’s Regulations, why does this particular one have to be singled out, causing the amount of exposure that worries a great number of us?

On the amendment dealing with “restrict” and restrictions, I am still uneasy. Section 329 of the 2006 Act provides for,

“enabling a person to restrict his service to service in a particular area”,

whereas the amendment says very precisely,

“enabling a person’s service with a regular force to be restricted”.

It seems to me that that can put the individual in a position where he is being told that it will be restricted rather than he saying, “I would like to do this form of restricted service”. I think that that needs to be looked at very carefully, and I will look at exactly what the Minister said on the point.

The other point is on rights. Clause 1(3) refers to,

“A right conferred on a person by virtue of subsection (2)”—

and subsection (2) will include (2)(ha), (2)(i) and (2)(j). So it seems to me that the overarching new subsection (3) gives you the right that you were looking for. Therefore I suggest that we can drop new subsection (3A).

[Earl Howe]

My Lords, I would be very happy to write to the noble and gallant Lord on all those points—in so far as they were not made clear in my original response—and in particular on why we need primary legislation, and perhaps explain further the reasons why we think the Bill is correctly worded in this clause. I hope that the noble and gallant Lord will allow me to do that between Grand Committee and Report, and I will of course copy in noble Lords to that correspondence.

[Lord Craig of Radley]

My Lords, at this stage I beg leave to withdraw my amendment.

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[Lord Touhig]

Perhaps I may comment on the point made by the noble Earl, Lord Attlee. His suggestion would not be the right way. He discussed it with me last week. The Bill substantially depends on regulations to bring in its measures, and how would one decide what we would bring in the first tranche and the second tranche, and so on? Therefore everything that relates to this matter should be subject to the affirmative procedure.

[Earl Howe]

My Lords, the first amendment in this group, Amendment 4, seeks to place in the Bill information to define how flexible working should be implemented. I agree that it is important that we have clarity over exactly how the new flexible working opportunities will be administered. I reassure the Committee that the policies and processes that will support the changes brought by the Bill have been designed by the services for the services. We have done a great deal of work with the services to develop policies that work for them and their people, and we will continue to refine them in the lead-up to their introduction in 2019 and after to ensure that they are clear and fit for purpose. In doing so, we will continue to consult our people.

As noble Lords will recall, I outlined at Second Reading how we envisage the new flexible working arrangements will be administered following their introduction in 2019. In my subsequent written responses to Peers, I also promised that my officials would publish some additional information over the summer that would explain in more detail how the new arrangements would work in practice. I hope that noble Lords have received that information and found it helpful, and that it has answered the points raised in this proposed amendment.

It might just be helpful if for the record I went through some of the processes that we envisage. We have a position on how we intend that flexible working arrangements will operate in practice. I am sure that noble Lords will appreciate that at this stage the detail remains subject to adjustment as a result of the ongoing policy refinement with the services, further work in the light of surveys and other feedback and, indeed, the need to account for the views of Parliament. In summary, however, the policy is intended to operate as follows.

We believe that regular service personnel must have completed their basic and professional training and a period of further service, defined by their parent service, before they can normally undertake flexible working. A serviceperson wishing to apply to serve flexibly will apply through the joint personnel administration system through their commanding officer to an approvals authority at the headquarters of their service. No limit will be imposed on the number of occasions over a period that the serviceperson will be able to apply to serve flexibly, although they will be restricted to having only one live application at a time being processed by the administration system. However, there will be limits on individual periods of flexible working to help the services manage the applications and people’s expectations.

We intend to limit periods of flexible working to no more than three years at any one time or to the end of an assignment, whichever is sooner. Within this period we intend to enable people to reduce their liability to serve by up to 40%, such as two days in a five-day working week of their regular full-time service. Service personnel requesting limits to their routine unlimited liability for separation from their home base will still remain liable for a maximum of 35 days separation in any one year. This will enable them to continue to undertake essential courses or participate in smaller periods of exercises.

We also intend to restrict the total cumulative time that a serviceperson can serve on flexible working arrangements. This is to maintain the principle that regular service is a full-time and unlimited commitment, while also helping to share the opportunities for flexible working among the broadest range of personnel. Currently we are planning for the total period of all types of flexible working to be limited to four years in a 12-year rolling period. The exact approvals process is likely to vary slightly by service and we are still designing certain elements of it. Currently we plan that the approvals authority will take decisions after being informed by the chain of command, the employing organisation—for example, if the person is working with another service—career managers, manpower planners and other specialists as required.

The principal deciding factor when considering applications will be the ability to maintain operational capability. The individual merits of each application will be considered and will include factors such as the type of role the person is serving in, whether the person has been warned to prepare to deploy for operation and, if appropriate, the personal circumstances surrounding the application. If an application is refused, an individual can appeal against the decision, as I mentioned earlier.

Appeals will be considered by a separate appeals authority which will operate at the headquarters of each service. The exact make-up of that body has yet to be set. The appeals authority will make its decisions informed by information from the employer, the employing organisation, the chain of command, career managers, manpower planners and other specialists. Service personnel will of course have the right to escalate their appeal to a service complaint if they remain unhappy with the decision.

The services will retain the right to recall regular service personnel from flexible working arrangements to ensure that operational capability is maintained while providing as much certainty of the arrangement for the individual as possible. Such recall will be against prescribed criteria sanctioned by the headquarters approvals authority within each service. Personnel will be subject to two levels of recall. The first will be immediate recall in cases of national emergency, and the second is curtailment after 90 days’ notice. The latter would apply where there is a significant change in the circumstances used to judge and approve the original agreement.

We continue to work on the detail but envisage that a change in circumstances would include a change to the requirement for operational capability which is affected by overall manning levels of the service or trade or any specific skills held by the serviceperson during the period of flexible working. Should any of these change substantially, the service would be able to issue a 90-day notice to recall the serviceperson to full duties, either by suspending the flexible working arrangements for a defined period to allow them to be adopted again later for the remainder of the originally agreed period or by cancelling the flexible working arrangement outright. Where these circumstances occur, they would constitute a manning crisis as a result of severe manning constraints, manpower shortages on specific operational tasks or skills shortages. All approvals, refusals and amendments to agreements between a serviceperson and their service will be set out in writing to avoid any uncertainty and to provide an audit trail. The detail I have just outlined has been published on the GOV.UK website.

As we intend to continue to refine the parameters of exactly how this policy will operate within the services by learning from their experience of operating it after introduction, it would be unnecessarily constraining to have the parameters proposed in the amendment set in primary legislation. The noble Lord, Lord Touhig, and the noble Baroness, Lady Jolly, made clear their view that this should all be in regulation, at least. The provisions that I have outlined will be set out in a mixture of regulation and policy statements, rather than exclusively in regulation.

The purpose of Amendments 6 and 18 is to require any new regulations made by the Defence Council of a kind to be introduced by Clause 1(2) of the Bill to come into force only following the affirmative resolution procedure. Amendment 6 looks to achieve this by inserting into Section 329 of the Armed Forces Act 2006 a new subsection (4A). However, I must tell the noble Lord, Lord Touhig, that due to the way in which the 2006 Act works, any amendments to the procedure would need to be by way of amendment to Section 373, as identified by the noble Baronesses in their Amendment 18.

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[Earl Howe]

My Lords, the introduction of new flexible working measures is designed to attract, recruit and retain people from a more diverse cross-section of society who have the knowledge, skills and experience that we need to deliver operational capability.

Currently, service personnel who have dedicated themselves to public service sometimes struggle to meet their full military commitment—for example, due to a short-term change in personal or family circumstances—and the only option in such circumstances has been to leave the Armed Forces. This represents a loss to the individual and to defence. New flexible working options aim to address this so that in such situations personal circumstances are no longer a barrier to continuing service. We believe that these measures will benefit a small but significant cohort; for example, women and men starting a family, those with caring commitments or those who wish to undertake long-term studies. Moreover, our evidence derived from external reports, comparison with other nations, internal surveys, focus groups and our ongoing flexible duties trial shows that providing our people with modern choices will help us retain highly skilled personnel who might otherwise leave and join organisations which provide these choices. In short, through these new measures we are aiming to modernise the terms of service for the Armed Forces with a view to improving recruitment and retention into the future.

Many other external factors, such as the economic climate, have the strongest influence on recruitment and retention and are likely to mask the impact of these new flexible working arrangements in the short to medium term, and we have to bear that point in mind. Defence is experiencing many of the same skills and recruitment challenges that are being faced nationally. To meet those challenges are proactively as possible, we are modernising the employment offer for our Armed Forces, as I have described. These collectively are being managed under the Armed Forces people programme, which comprises projects including the new joiner offer and enterprise approach. The new joiner offer should support and improve retention by developing a new, more modern and more relevant offer for new joiners that better supports service personnel throughout their career. We also aim to improve retention by better management of critical skills across defence through the enterprise approach project. Changes to enable members of the Armed Forces to work more flexibly originate from the flexible engagement systems project, which forms a further part of the people programme.

These amendments seek to place various obligations on defence to publish reports on the effects of flexible working on the Armed Forces. I am sure the Committee is aware that intake, outflow and strength by rank, trade and specialisation are monitored and managed on a regular basis at service level and centrally by the MoD. The MoD already publishes detailed information and analysis in the UK Armed Forces Monthly Service Personnel Statistics. This publication provides statistics on the number of service personnel by strength, intake and outflow in the UK Armed Forces, and detail is provided for both the full-time Armed Forces and reserves. We carefully monitor information on trade, specialisation and sub-specialisation by rank and service, and routinely release on a regular basis, as part of official statistics publications, a wide range of information on outflow from the UK Armed Forces.

We also publish comprehensive data in the UK Armed Forces Biannual Diversity Statistics. This statistical release presents information relating to the gender, ethnicity, nationality, religion and age of personnel employed by the MoD and meets the department’s obligations under the public sector equality duty to provide information on its workforce in relation to the protected characteristics identified by the Equality Act 2010. Information on numbers of personnel undertaking and returning from maternity and shared parental leave is also provided as part of this publication.

It is important to highlight the evidence from trials and surveys commissioned by the Armed Forces, which indicates that take-up for options that enable service personnel to work more flexibly is likely to be low in the early years of implementation. Furthermore, while the MoD promotes the importance of the Armed Forces being appropriately representative of the diverse society they exist to defend, with operational effectiveness being dependent on inclusion and fairness, we estimate that the overall numbers taking up the new opportunities will be small to begin with. Therefore, assessing any correlative impact that flexible working has on increasing diversity in the Armed Forces is likely to be difficult, particularly in the early stages. This will mean that any detailed evaluation of the impact of flexible working measures on overall recruitment and retention rates, skills retention and outflow, and diversity in the Armed Forces will be difficult to achieve in the early years of operation.

The recording requirements for any pattern of work for our Armed Forces are stipulated in policies and recorded on the joint personnel administration system—JPA. JPA is already used to process applications for existing flexible working options. There is planning in place to enable all instances of part-time working or geographical restriction by personnel to be recorded on JPA when these options are made available. It will be crucial to ensure that all cases of flexible working are properly recorded and monitored to provide personnel and commanding officers with a record of all discussions and agreements. However, since it is estimated that the number of applications is likely to be low in the early stages, collating and reporting information on a monthly basis to provide figures on the number of personnel undertaking flexible working as a proportion of the total of full-time serving members of the Regular Forces would not provide significant or beneficial data.

It is important to emphasise again that the new arrangements are aimed at improving recruitment and retention in the long term, as part of a series of projects being delivered through the Armed Forces people programme. The long-term effects of these collective initiatives should be the measure of how effective the new arrangements are, rather than short-term reporting and figures on take-up.

We judge that formal annual reporting for a small cohort would not add value or provide a real sense of the impact of introducing these new opportunities. However, my department recognises the importance of keeping the delivery and effect of these changes under continuous review, in terms of both the benefits to personnel and the impact on operational capability. We will closely monitor the rates of uptake for new flexible working options by service, rank and specialism and will carefully examine any long-term trends and links to overall retention rates and diversity.

As noble Lords will be aware, the Secretary of State is required to lay an annual report before Parliament each year outlining the Government’s progress in delivering the Armed Forces covenant. The introduction of the new flexible working opportunities falls within the scope of the covenant and we envisage that the introduction of these measures in 2019 will be monitored during the first year of implementation and will be reported on in the covenant annual report and yearly thereafter.

The noble Baroness, Lady Jolly, asked about FAMCAS and AFCAS and drilled down with some further questions. I will write to her on the questions that she asked. I will need to consult the department to understand what further information it would be possible or practical to provide her with, but what information we do have I will be happy to give her. She also asked how flexible working could be introduced within a fixed headcount. The simple answer is that we will manage the levels of flexible working permitted and therefore will be able to ensure that the right levels are maintained to deliver defence outputs. It is envisaged that capacity surrendered to flexible working arrangements will either be within reducible capacity or can otherwise be resourced through other means such as the employment of reserves. Like other organisations with part-time workers, the organisation will change over time to better accommodate flexible working.

I do not believe that it is necessary for the Bill to be amended in this way. I understand that these are largely probing amendments and I hope that the explanations and information I have given to the Committee will be helpful to noble Lords and that they will not press their amendments.

[Baroness Jolly]

My Lords, I am happy to withdraw Amendment 7.

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[Earl Howe]

My Lords, approval of the Bill will afford regular service personnel the right to apply to vary their commitment temporarily. The new arrangements will not be mandated for service personnel. I can reassure my noble friend in particular on that point. Those who wish to continue serving on a full-time commitment will be free to do so.

The noble Lord, Lord Touhig, seeks to amend the Bill to ensure that regular service personnel will not see a reduction in their basic pay, x-factor payment or any other universal payments provided for regular service personnel as a result of the Bill. I am sure that noble Lords will agree with me that it is fair and appropriate that in the future, those regular service personnel who elect to vary their commitment should see a commensurate variation in the reward they receive. We have worked closely with the services to ensure that this variation will be above all else fair and reasonable both to those who work under the new enhanced flexible arrangements and to those who do not.

As noble Lords will recall, I made this point during Second Reading. I can also now say categorically that those who remain working on a full-time commitment will not as a result of the Bill see a reduction in their basic pay, x-factor payment or any other universal payments provided for regular service personnel. Furthermore, let me reassure the Committee that the introduction of part-time working will not be used to lower the full-time equivalent basic rate of pay, the X-factor allowance or any other universal allowances payments available to personnel.

During the Bill’s Second Reading, I provided reassurances that regular service personnel undertaking part-time working would retain those entitlements available to full-time regulars. Service accommodation in particular is an important provision for many personnel and their families that helps enable their mobility in support of defence capability. It is an important part of the offer for our people and an entitlement that the noble Baroness, Lady Smith, seeks through her amendment to ensure will still apply to personnel who successfully apply to work part time. To support my earlier reassurance, I can also confirm that our current policy makes provision for all regular service personnel to have an entitlement to service accommodation commensurate with their personal status category and other qualifying criteria. Service personnel will retain an enduring liability for mobility when working part time because they will still be subject to the same moves associated with new assignments as others in the regular Armed Forces. Therefore, they will remain entitled to service accommodation as under our existing policy and there is no need to alter the entitlement to accommodation for those who undertake part-time working; they will continue to be able to access service accommodation under the same criteria as full-time regulars.

I spoke earlier of the future accommodation model project that is due to be introduced in 2019 as part of the defence people programme. That project aims to create a more fair, affordable and flexible model for providing accommodation for our people while giving them more choice about where, how and with whom they live. It will also provide a subsidy to help more personnel live in private accommodation, including by helping to meet their aspirations for home ownership. Eligibility under the future accommodation model will not be altered for those personnel who work part time or subject to geographical restriction for a period. The noble Baroness raised the question of accommodation pressures as part-time working is rolled out. My answer to her at present is that given the anticipated low take-up, we do not expect additional pressures on housing to any significant degree.

Similarly for service personnel who opt to leave the Armed Forces, access to resettlement and employment support for up to two years prior to their discharge date and for two years afterwards will remain an entitlement for those who undertake part-time working. We want to ensure that our people transition successfully from an Armed Forces career where they receive world-class training to a civilian one where they can add real value to society because we have good quality people with developed skills who can really benefit external organisations. The noble Baroness, Lady Jolly, has sought to amend the Bill to protect the entitlement to resettlement under the new measures, and I can confirm that there will be no difference in resettlement entitlement for full-time service personnel and those regular personnel who work part time and/or restrict the amount of time that they are separated from their home base. The entitlement to resettlement is currently based on the number of years of service between the date of enlistment and the date of discharge. This will not change for those who take the opportunity to work flexibly on the introduction of the new flexible working opportunities. I can also confirm that there are no plans proportionally to calculate resettlement entitlement for personnel who undertake flexible working based on their actual number of days of work. Our resettlement policy guidance will be updated on the introduction of the new flexible working arrangements to state that resettlement support will remain the same for those who take advantage of them so that applicants are fully aware of their continuing entitlement.

It will be difficult to assess what impact the new flexible working arrangements might have on resettlement services in light of the fact that entitlements will not alter. Additionally, as the noble Baroness, Lady Jolly, will recall, I said at Second Reading that we expect a small yet significant number of personnel to undertake flexible working. For these reasons the impact on resettlement entitlements is likely be minimal and challenging to measure.

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[Lord Touhig]

I will not get carried away. The publication of the Armed Forces Covenant Annual Report has become a well-established practice, and the Government should be congratulated on that. Because of that, we on this side were motivated to table Amendment 12.

The Bill is a small but by no means insignificant measure, and when enacted its impact should be measured to see what implications it has for the covenant. Subsection 2 of the amendment requires that,

“the Secretary of State must determine whether the Armed Forces Covenant, or any of its supporting documentation, requires revision in order to reflect the measures provided for in this Act”.

By including the requirement set out in subsection 3 of the amendment, we are deliberately linking the impact of this Bill on the lives of service men and women to the covenant. By explicitly linking the Bill to the covenant, we are giving the external members of the covenant reference group an opportunity to consider and comment on the operation of the Bill when it becomes an Act.

The external members of the covenant reference group make a major contribution to monitoring the life and well-being of our Armed Forces, their families and all that affects their lives. This Bill should be no exception, so I heartily welcome the comments made by the Minister in a debate earlier this afternoon which made clear that the Government will ensure that the operation of this legislation will be reflected in a report on the covenant. That will give the external members of the covenant reference group a chance to comment on it. That is progress, and I look forward to that being enacted. I beg to move.

[Earl Howe]

My Lords, as the noble Lord, Lord Touhig, has explained, this amendment seeks to require the Secretary of State for Defence to lay a Statement before both Houses of Parliament, within six months of this Bill coming into force, outlining the implications of this Bill, once enacted, for the Armed Forces covenant. This amendment would also require the Defence Secretary to consider whether the Armed Forces covenant, or any of its supporting documentation, requires revision to reflect the measures in the Bill. Finally, it seeks to commit the Defence Secretary to ensure that the annual report on the covenant reflects the contribution of this Bill to meeting Armed Forces covenant goals.

I share the view of the noble Lord about the importance of measuring and reporting on the impact of the changes that will be introduced through this Bill. I want to ensure that it is done in the most appropriate and effective way for both the MoD and Parliament. As I mentioned at Second Reading, and several times today, we expect a small but significant number of our people to take up the new opportunities introduced by the Bill.

For this reason and, I submit, the disproportionate administrative burden we believe it would create, we judge that there would be little value to be gained from producing a statement only six months after the Act has come into force. The long-term aim of providing these new arrangements, alongside a range of other measures in the MoD, is to modernise the terms of service and ultimately improve Armed Forces recruitment and retention, which I am sure all noble Lords would welcome.

In addition to this, evidence from our ongoing flexible duties trial suggests that in particular those with families have benefited from the greater stability that comes from having more choice over how they serve. This latter prospect has been welcomed by the services’ families’ federations, which view this as an important part of the drive for a better work/life balance among service families. It is these specific areas that I have just mentioned rather than the concept of the Armed Forces covenant itself that will feel the direct impact following the introduction of the new flexible working arrangements. We therefore do not anticipate that there will be any need to revise the wording of the covenant or its supporting documentation. As noble Lords will be aware, the Secretary of State is already required to lay an annual report before Parliament each year outlining the Government’s progress in delivering the Armed Forces covenant and, as I mentioned earlier, it is likely that a future report will include a section on the introduction of the measures included in this Bill and their effect. That would be entirely appropriate. For this reason, and the others I have already outlined, it seems unnecessary to legislate that the Secretary of State should report separately on the introduction of the new measures that the Bill will introduce. I do not therefore believe it is necessary for the Bill to be amended as suggested by the noble Lord. Following these assurances, I hope that he will agree to withdraw his amendment.

[Lord Touhig]

I beg leave to withdraw the amendment.