Armed Forces (Flexible Working) Bill [HL]

Baroness Smith of Newnham Excerpts

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

[Earl Attlee (Con)]

My Lords, I am grateful for the noble Lord’s forbearance with my amendment. I have some slightly difficult personal circumstances which mean that I have not been able to prepare quite as well as I would like, and therefore I shall not speak to my Amendment 18.

If these two proposed new subsections to affect the main clauses in the Bill were part of the wider quinquennial Armed Forces Bill, would we look at them in such great detail? I think that if we are honest, we would say probably not. I can understand the thinking of the Delegated Powers and Regulatory Reform Committee in recommending the affirmative procedure. The committee rightly recognises that your Lordships will want to look closely at the detail. However, as drafted I believe that even the most minor amendment in the future would have to be debated by both Houses, and I am not convinced that that would be a good use of parliamentary time. Worse still, a situation may arise where some minor change is desirable but the change is delayed, or even worse not made at all, because of the effort required. Noble Lords should be aware that putting an affirmative order through Parliament is not an exercise in rubber stamping; it is a complicated process. Would it not be better to use the affirmative procedure for the first set of regulations and then revert to the negative procedure for subsequent amendments? I wonder whether the noble Lord would like to consider that.

[Baroness Smith of Newnham (LD)]

My Lords, I shall speak to Amendment 18 tabled in my name and to Amendment 6 which is tabled in the name of the noble Lord, Lord Touhig. The amendments are similar. In contrast to the noble Earl, Lord Attlee, we believe that it is important that Parliament should play its full role in legislation. If the Defence Council is to have new powers conferred on it, it would be appropriate to make an affirmative decision rather than use a negative instrument. The noble Lord, Lord Touhig, took the words out of my mouth. I was in this Room last week taking part in a debate about reporting on the process of Brexit. The issues being discussed included questions about the role that Parliament plays in that. The Henry VIII clauses which are in the EU withdrawal Bill cover a bigger set of issues, but the noble Earl, Lord Attlee, has asked, “If these clauses were part of a bigger Bill, would we be bothered about them?”. Perhaps not, but that is not the point. At the moment there seems to be a tendency on the part of Her Majesty’s Government to say, “If the Government have an idea, it should be accepted without any amendment or scrutiny”. It is important that your Lordships’ House and Parliament as a whole play their part in scrutinising legislation, and it is right that this should be done through the affirmative procedure.

On reports, the noble Lord, Lord Touhig, reminded us that there now is information; I am grateful to the Minister for ensuring over the summer that further information was provided regarding the sort of questions we were looking for. As my noble friend Lady Jolly said, Amendment 4 was a probing amendment, but obviously, the more information that can be given and made available to people and the more detail we have, the greater the opportunity for this to be successful.

[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.

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[Earl Attlee]

My Lords, in those halcyon days when I was an Opposition Front Bench spokesman, I would have been proud to have tabled any of these amendments, something I did many times. I leave it to the Minister to say whether they are a good idea, but I draw the Committee’s attention to Amendment 15, which has not yet been spoken to, although it is in the grouping.

We need to know how many servicemen are taking advantage of these provisions, because otherwise the stats on the strength of the Armed Forces are to an extent meaningless. Perhaps the frequency of the report is too great but I would like some reassurance from the Minister that we will know, from time to time, how many members of the Armed Forces take up flexible working.

[Baroness Smith of Newnham]

My Lords, I will also speak briefly to Amendment 15. Picking up on the points made by the noble Earl, Lord Attlee, it is hugely important that we have clarity on what percentage of our Armed Forces are working full-time and what percentage part-time. At Second Reading the noble Lord, Lord Touhig, frequently asked whether this was a cost-saving measure. While we listened respectfully to the Minister and understand that it is not a cost-saving exercise, the question is whether, if a significant number of our Armed Forces are working on a part-time basis, there may be a cost saving, but equally a loss in capability. Having this basic information will be important in giving us a sense of whether we are up to full strength. If there were significant numbers of people working part-time, would there be a necessity to create new part-time or full-time posts equivalent to the time that they are not working—up to 40%?

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[Baroness Smith of Newnham]

My Lords, I shall speak to Amendment 13 on accommodation. As the noble Lord, Lord Touhig, mentioned, this is an important issue. We have had some indications that those service men and women who avail themselves of flexible working will not be adversely affected, but there is already pressure on service accommodation, in particular a lack of single living accommodation. Moreover, we are looking at new accommodation through the future accommodation model. The question I have for the Minister is this: to what extent has planning been made to ensure that there will be sufficient accommodation for part-time service men and women? If the overall number of personnel remains unchanged, clearly the pressures will not change from what they are now. However, if there is a need for more personnel because some people are working part-time, has consideration been given to providing additional accommodation to ensure that those who work part-time will have the access to service accommodation that they have been promised?

If it is the case that there are more personnel in total because some people are working part-time, that would suggest the need for additional service accommodation. Not only would this not be a saving, there could potentially be a cost in this. Is the Ministry of Defence willing to consider additional accommodation being made available and meeting the costs that that might entail? If not, how does it envisage squaring the circle?

[Baroness Burt of Solihull]

My Lords, I wish to speak to Amendment 16 tabled in my name and that of my noble friend Lady Jolly. Before doing so, however, I want to make a comment about Amendment 9 tabled in the name of the noble Lord, Lord Touhig. It seeks to protect the full-time equivalent level of remuneration for regulars. As the noble Lord has pointed out, there are components to this such as universal payments, basic pay and the x-factor, which until recently I thought was something else entirely, but I shall not go into that. The idea is to protect against any reduction in pay being slipped in for individuals who will be affected by this Bill. But since we are not changing the classification of a regular, these components will not change, including the 14% which is the current x-factor payment. It will remain throughout the term of an individual’s employment. My view is that this should be a matter for concern and we would appreciate an assurance from the Minister that that indeed will be the case.

I turn to Amendment 16, which ensures that a person can be promoted regardless of whether they work part-time. We would welcome a reassurance from the Minister that the new arrangements will not affect someone’s career progression. The situation is complicated and not necessarily what people outside the Armed Forces might imagine. As I understand it, the current performance appraisal, postings and promotion system is not based primarily on competence. It relies heavily on direct comparisons being made with immediate peers in a unit. A tick-box system is used whereby someone has to have done certain jobs in order to get the next job. In that way, an individual can score enough to go before a promotion board. Under the current system, anyone working part-time will inevitably be penalised, particularly if they are on geographical restriction as one. They are unlikely to do all the posts they need to do to remain in the promotion thread, and they may not score as well in direct comparison with peers. If the Government accept the premise that promotion should not be affected by using the flexible employment scheme, does the Minister also accept that the appraisals-posting promotion structure really could do with a massive overhaul?