Armed Forces (Flexible Working) Bill [Lords]

(Limited Text - Ministerial Extracts only)

2nd reading: House of Commons
Monday 30th October 2017 Commons Chamber

[The Secretary of State for Defence (Sir Michael Fallon)]

I beg to move, That the Bill be now read a Second time.

We have the best armed forces in the world. From their service in Afghanistan, and their support to the coalition to defeat Daesh in Iraq and Syria, to being at the forefront of the humanitarian response to hurricane Irma, their courage and professionalism are renowned the world over. We are investing some £18 billion a year in new ships, submarines, aircraft and armoured vehicles, but it is not enough just to modernise our armed forces with new equipment; we need to ensure that service within the armed forces reflects a modern lifestyle.

We know that one of the main reasons why people choose to leave the armed forces is the impact of service on their family life. At the moment, many regular personnel who are unable to meet their unlimited military commitments for periods of time have no other choice than to leave the service. They lose a good career; we lose their hard-won knowledge, skills and experience.

It is a fact that today people want greater choice over how they run their lives, and when and where they work. If we are to compete for, and retain, the best people, our armed forces need to respond with greater flexibility, making the lives of those who proudly serve our nation easier.

Total and unlimited choice is not, of course, possible in the disciplined environment of the armed forces, where the requirement to serve the needs of the country is paramount. So maintaining operational effectiveness is our absolute red line, but that does not mean that we should not offer our people more choice about how they live and work.

[Toby Perkins (Chesterfield) (Lab)]

I could not agree more with what the Secretary of State has said so far about both the professionalism of our armed forces and the need for greater flexibility, but does he recognise that one of the reasons why many people have left, and one of the reasons why there has been such an impact on their family life, is the huge reduction in armed forces personnel numbers and the increasing expectation on those people, with all that is going on? That has been one of the causes of their having such poor family lives.

[Sir Michael Fallon]

The armed forces continue to meet what are called the harmony guidelines and we have stabilised the size of the armed forces—the hon. Gentleman referred to reductions—but I also recognise that we are asking ever more of our armed forces each successive year, with the deployments in different parts of the world.

The 2015 strategic defence and security review committed us to an ambitious programme of modernisation of our personnel policies. There are already a range of initiatives in place to support flexible working. Subject to chain of command approval, service personnel have already been able to work compressed hours or vary their start and finish times. They can also take unpaid leave for up to three months and longer-term career breaks to help meet life’s commitments—for example, when a partner is posted overseas—and, in certain circumstances, they are even able to work from home.

We know that these existing initiatives are popular: in the six months to July 2017, 1,400 personnel had taken advantage of them. This Bill will take these initiatives a step further and provide more formal arrangements and certainty, including allowing personnel to work shorter hours.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The Secretary of State might come on to answer this question: I acknowledge that members of the armed forces can already apply for flexible working, as he has stated, including late starts and working from home, but it would be helpful to hear more about the gap the Secretary Of State sees being filled by the new forms of flexible working he is introducing.

[Sir Michael Fallon]

The hon. Lady anticipates my speech, as I will be coming on to that. If I do not do so adequately, I am sure she will have the chance to intervene again.

More flexible working than we have at present would help alleviate some of the strain people face at critical times in their career, whether because of family responsibilities, caring needs, or a desire to pursue further educational opportunities. It will help us to recruit and retain more of the people we need, and make our services more representative of the society they serve.

In particular, we are committed to see women account for 15% of our new recruits by 2020, and evidence suggests that they see greater opportunities for flexible working in the services as particularly attractive. Two thirds of the applications approved in our ongoing flexible duties trial are from female service personnel. We are on track to meet our 2020 target, with the latest figure for all services at 11.4%, but I want to do better than that, and the Bill will help. We have opened up every single role in our armed forces to women so that talent, not gender, determines how far anyone can go. That means ensuring that they are able to stay to achieve their potential. At the core of the Bill is our wish to ensure that the armed forces are seen as modern and attractive employers, but that is getting harder to achieve against an increasingly competitive backdrop, with the competition for talent expected to increase in the years ahead.

[Jim Shannon (Strangford) (DUP)]

I declare an interest as one of those Members on the armed forces parliamentary scheme; I am currently doing the RAF one. Through the scheme, I have had the chance to meet soldiers and RAF personnel, and I have heard lots of things. Two things have come up on recent visits. The first is a need to ensure that the accommodation is right. Much of the accommodation is not right for families. In particular, it does not suit people who come into the armed forces when they are single and subsequently get married. The second point relates to training. Some of the RAF personnel are saying that they are not getting the training they need to work on the new F-35s. Will the Secretary of State address those two points?

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[Sir Michael Fallon]

We are addressing the important issue of service families’ accommodation, with various new arrangements for ensuring that they have improved accommodation. We are also putting a number of RAF personnel through the F-35 training programme. We have more than 100 personnel in the United States training up and learning how to support and maintain the F-35s, of which we have purchased more than a dozen so far.

More flexible working will help the services to compete and to attract and retain a better mix of people and skills. That will not only enhance operational capability through improved retention but provide a more diverse workforce. I am absolutely clear that a diverse workforce, with more women and more people from black and minority ethnic backgrounds, will be a more operationally effective workforce.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I entirely concur with what the Secretary of State is saying about the roles that women can play in our armed forces, about the importance of diversity and about what the Bill can do to provide opportunities for flexible working. Does he really think, however, that this is going to be the silver bullet to deal with the recruitment crisis that exists, particularly within the Army? Figures released by the Minister for the Armed Forces, the hon. Member for Milton Keynes North (Mark Lancaster) this summer showed that we are under-recruited on every course. When we look at the line infantry, the Guards and the Paras, and when we look at Army Training Regiment Winchester and Army Training Regiment Pirbright, we see that they are significantly below the required recruitment levels and participation levels in those crucial training courses.

[Sir Michael Fallon]

I have made it clear that the Army faces a recruitment challenge as the economy continues to grow. The Army is about 95% recruited and I am told that Sandhurst places are now filled for the coming courses, but we need to do more. We need to continue to ask ourselves why we are not attracting some of the people we want to attract.

Flexible working for the armed forces is principally about recruitment and better retention. I want to emphasise that this is not a method of saving money. So what does the Bill do? There are two main provisions. Clause 1 makes amendments to section 329 of the Armed Forces Act 2006, which makes provision regarding terms and conditions of enlistment and service. Service personnel will be able to temporarily reduce the time they are required for duty—for example, by setting aside one or two days a week on which they will not work or be liable for work—or to restrict the amount of time that they spend separated from their normal place of work. The amendments extend the existing regulation-making powers in section 329 to allow the Defence Council to enable forms of part-time service and protection from being separated from a home base for prolonged periods for people serving in the regular armed forces. Clause 1 also enables regulations to be made about the circumstances in which these new arrangements can be varied, suspended or terminated.

[Ian C. Lucas (Wrexham) (Lab)]

I represent a constituency with a long and proud military tradition. I recently tabled a parliamentary question to ask for the number of people from my constituency who had recently been recruited to join the armed forces, but I was surprised to be told that that information was not held centrally. That seems absolutely extraordinary. It is important that our communities should be linked in to the armed forces and that we should know what sort of connections our constituencies have with them. Will the Secretary of State please look into this and check again whether that information is held centrally? If so, please could he let me know how many of my constituents want to join the armed forces?

[Sir Michael Fallon]

I understand the hon. Gentleman’s concern, but there is nothing sinister about this. Different regiments recruit in different ways, and my understanding is that the data are not collated on a constituency basis. However, I would be very happy to have another look at that.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I very much support this measure; it is absolutely right to compete for workers in the 21st century. However, terms in the guidance notes such as “back-filling” are troublesome. I am sure that my right hon. Friend would agree that it is necessary to maintain whole-time equivalents in our armed forces rather than relying constantly on back-filling. My 35 years’ experience in the regulars and the reserves tells me that back-filling usually means colleagues filling in for others. Does he agree that that is guaranteed to demoralise people and cause the retention problems to which he has referred?

[Sir Michael Fallon]

My hon. Friend has a great deal of experience in these matters. I know that when the Under-Secretary of State for Defence, my right hon. Friend the Member for Bournemouth East (Mr Ellwood), winds up the debate, he will want to address that question about back-filling. This is not about making other members of a unit, a platoon or a section do more work to compensate. It is about arranging people’s time in a more satisfactory manner.

The Government acknowledged the strength of feeling in the other place about ensuring that the new regulations would be subject to the affirmative procedure, so my colleague the noble Earl Lord Howe accepted Labour’s amendments to that effect. It is of course important that Parliament ensures appropriate scrutiny of the forthcoming regulations. In practice, the arrangements will be temporary, limited to defined periods, and always subject to service needs to maintain operational capability. I want to be absolutely clear that maintaining operational effectiveness is our absolute red line.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I hope to speak later in the debate. My husband served in the armed forces, and I wonder whether my right hon. Friend would agree, given that the Government spend a lot of time looking at the hardware and infrastructure in the armed forces, that it is only right and proper that we also look at support for our armed forces personnel and their families. That is why this Bill is so important.

[Sir Michael Fallon]

Yes, this proposal has the support not only of the service chiefs but crucially of the service family federations. They, too, see the advantage in it.

As I was saying, maintaining operational effectiveness is a red line. The Bill therefore also provides for the services to vary, suspend or terminate the new arrangements in circumstances to be prescribed in new regulations— for example, in the case of a national emergency or a severe shortage of specialist personnel. There will also be instances where flexible working arrangements are simply not practicable—for example, while serving at sea, serving in a high-readiness unit or serving in a unit that is on the brink of deployment. Let us therefore be clear that the Bill will not enable every service person to work flexibly. It will, however, create an obligation for the services to consider applications from personnel to serve under the new flexible working arrangements. It will also require the services to record the terms of an approved application so that there is clarity for both parties in the arrangements. Clause 2 of the Bill will make small consequential amendments to existing legislation to provide for regular personnel temporarily serving under flexible working agreements to continue to be automatically excused jury service.

The Bill was developed with the three services, and the proposals have the support of all the service chiefs. They have been designed—and will continue to be developed—by the services and for the services. And, as my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) has just said, we should not forget the bedrock of those who follow and support our armed forces—namely, their families. I am particularly pleased that the families’ federations have welcomed our plans to improve flexible working opportunities in the armed forces. I quote:

“Improving family stability amongst Service families is one of our focus areas and we look forward to the implementation of this initiative”.

[Kevin Foster (Torbay) (Con)]

Will the Secretary of State give way?

[Sir Michael Fallon]

No, I am just concluding.

The Bill will not address all the challenges of recruiting and retaining personnel—it is not the silver bullet that the hon. Member for Cardiff South and Penarth (Stephen Doughty) thought it might be—but we believe that it will pave the way, in modernising the armed forces, to better reflecting today’s lifestyles and aspirations while ensuring that we retain a world-class fighting force. I commend the Bill to the House.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Defence (Mr Tobias Ellwood)]

Despite the time constraints, we have had a welcome, constructive and largely agreeable Second Reading debate. I am grateful for the contributions from both sides of the House, and I am pleased to have the opportunity to respond to some of the points made.

As the Secretary of State said in opening the debate, while we are investing in equipment—in new ships, submarines, aircraft and armoured vehicles—we must also continue to attract and retain the people not only to use that equipment but to learn the skills to leverage its capabilities fully, to ensure that, strategically and tactically, we can continue to meet our defence, security, humanitarian and diplomatic obligations.

Ultimately, this is about people; it is about those in uniform who defend these shores and our security interests abroad. It is about those in uniform whom we call on to respond to new threats and challenges, such as a resurgent Russia, or to provide humanitarian support in the Caribbean. It is those in uniform—their capabilities, their leadership, their courage and their commitment—who truly reflect our operational effectiveness. However, to attract the brightest and the best, we must recognise the modern context in which recruitment and retention take place.

Just as our equipment and tactics advance and modernise, so too must our offering in terms of what it entails to wear the uniform and serve in the Royal Navy, the Army or the Royal Air Force. As the Secretary of State stated, we are now committed to an ambitious programme to advance our personnel policies, and this Bill is an important step towards a more modern lifestyle for our armed forces.

Under our armed forces people programme, there are four key strands: first, our new joiners’ offer, developing a new employment offer that better meets the expectations of future recruits; secondly, our future accommodation model, advancing the housing options available both to single and to married personnel, including home ownership; thirdly, the enterprise approach, with a better harnessing of the transition between public and private sector, specifically for those with engineering and high-tech skills; and finally, offering greater flexible engagement through this Bill.

There is not enough time to do justice to all the contributions we have heard, but I join the hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones) in congratulating those who have spoken. The Opposition spokesperson, the hon. Member for Llanelli (Nia Griffith), who supported the Bill in general, spoke about some of the challenges that our armed forces face to do with childcare, partner illness and so forth. I am pleased with the general tone that she adopted, which was reflected across the House.

My right hon. Friend the Member for New Forest East (Dr Lewis), the Chair of the Defence Committee, almost broke into song; I think that the House is probably grateful that he did not. Other contributions from across the House highlighted the importance of supporting the people who make our armed forces work.

[Stephen Doughty]

Will the Minister give way?

[Mr Ellwood]

I will not give way because of the time, and I would like to make some further comments.

As has been said, this small but important Bill will help to modernise our armed forces, and it forms part of a package of measures to maintain the attraction of serving our country. Without exception, all Members, from the opening speech by the Secretary of State onwards, stressed the respect that our armed forces command both here in the UK and abroad.

[Stephen Doughty]

On a point of order, Mr Deputy Speaker. I am slightly bemused. Can you confirm whether we have until the moment of interruption for the Minister to continue his remarks?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

That is not a point of order, but there are 33 minutes to go.

[Mr Ellwood]

As I said, without exception, all Members from across the House came to support the people in our armed forces today.

For centuries and across continents, our armed forces have been respected—indeed, revered—for their grit, tenacity and courage. When we define who we are as a nation—our standards, our values, our tolerance, our interests and our aspirations—they are neatly interwoven with the reputation of our armed forces and the role that they play on the nation’s behalf.

[Stephen Doughty]

Will the Minister give way?

[Mr Ellwood]

I will not give way—I have made that clear.

The Secretary of State spoke, as did others, of our armed forces being the best in the world. The professionalism and capability of our personnel remains the exemplar on which other nations, both friend and foe, rate the professionalism of their armed forces.

In this place, we often refer to Britain’s global influence as the world’s leading soft power, with the ability to pursue a transparent agenda to help shape the world around us as a force for good through our influence, commitment, political values and foreign policies. That international respect works only if it is underlined by the recognition that it is backed by the hard power that can be called on to support, to lead, to stabilise, or, where necessary, to intervene. Who do we call on to step forward? It is those who are in uniform. This is not just about attracting the brightest and the best in an ever-competitive domestic environment; in a fast-changing and challenging world, it is about retaining the professionalism of our armed forces that helps us to continue to play a critical role as a force for good on the international stage. It is therefore right that we advance our offering to attract the brightest and the best. That is exactly what this Bill, sitting with the other measures that I have outlined, attempts to do.

Question put and agreed to.

Bill accordingly read a Second time.

Armed Forces (Flexible Working) Bill [Lords] (programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Armed Forces (Flexible Working) Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on 14 November.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Chris Heaton-Harris.)

Question agreed to.