Armed Forces (Flexible Working) Bill [ Lords ] (First sitting)

Carol Monaghan Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 14th November 2017 Public Bill Committees

[Gerald Jones]

I concur with the Minister about the unity across the House in wanting the best for our armed forces. As I said at the start, this is a probing amendment to seek further clarification. My hon. Friend the Member for North Durham has indicated what clarification is required on how the proposal will work across the ranks and on the appeals mechanism.

Although I accept what the Minister said about the services having flexibility, there needs to be some idea of what the limit will be in the future. Hopefully the Minister will consider that. For the arrangement to work effectively, there needs to be further clarity. I ask the Minister to look at that again, but I do beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Carol Monaghan (Glasgow North West) (SNP)]

I beg to move amendment 5, in clause 1, page 1, line 18, at end insert—

“(3AA) The Secretary of State must prepare and publish an annual report on any use of the power to vary, suspend or terminate set out in subsection (3A) and must lay a copy of the Report before Parliament.”

An amendment to require the Secretary of State to report annually to Parliament on instances where the right to work part-time or in a geographically restricted area has been varied, suspended or terminated.

I rise to speak to amendments 4 and 5—

[The Chair]

Order. Amendment 4 has not been selected. It is not on the selection list, so just speak to amendment 5.

[Carol Monaghan]

I think I missed that paper then, because I am looking at it—

[The Chair]

When we come to the clause stand part debate, you can be more wide-ranging in your comments, Ms Monaghan, but please just stick to amendment 5 for now.

--- Later in debate ---

[Carol Monaghan]

I would like to raise similar concerns to those raised already, but probably coming from a different position. We have already heard that there are issues around large numbers of personnel and the requirement to maintain operational capability. I would certainly echo those concerns, but if the Bill is to deal with retention of the talent that we cannot afford to lose, and identify how best to make the armed forces modern and fit for purpose, we need to consider how it will be implemented.

There are some worrying phrases in the Bill, such as the “prescribed circumstances” in which flexible working can be suspended. We have already talked about the suspension of flexible working during a national emergency; nobody has a problem with that, but the form of manning crisis and its management, and the ability of the service to refuse applications broadly on the grounds of defence need are more problematic.

We have already heard about areas in which there are key shortages—engineering and particular parts of the RAF, and I will add the submarine service to that. There are people in those services who are currently unable to take the annual leave to which they are entitled. Those same people will not be able to access flexible working, and the result will be the same—members of the armed forces will leave before they are due to do so and the problem with retention will continue. To maintain operational capability, members of particular sections will not be able take up flexible working or get leave because of things that are absolutely out of their control, such as shortages and budget cuts. We need some clarity on how that is rolled out.

Getting the Secretary of State to report to Parliament is quite important. People need to know the situations in which applications have been refused and the number of people who have taken the option up. The Minister mentioned his view that a very small percentage will take it up. We need to be told regularly exactly what the uptake is and across which services, and why applications have been refused—was it because of a particular short-term issue or longer term, endemic problems? Having the Secretary of State report to Parliament regularly would allow some clarity and allow us to monitor who is able to access flexible working and who is not.

Amendment 4 is a probing amendment, but I reserve the right to return to it at a later stage.

[Mr Ellwood]

I admire the way in which the hon. Lady finessed amendment 4, which disappeared, into amendment 5 with the dexterity that we all require in such situations.

I am grateful for the general support for the armed forces. It is important to understand the context. Is this about budget cuts? That is a knee-jerk reaction—a question that I also posed, when I was in opposition, whenever any decision came up. Is the Bill a consequence of that? I can say to the Committee that it is not; it is absolutely nothing to do with financing whatsoever. It is purely to do with recruitment and retention, and the hon. Lady cited examples of that.

[Carol Monaghan]

I am not suggesting that the Bill is a way to deal with budget cuts. I am suggesting that budget cuts to particular areas may make people working in those areas less able to access the flexible working provisions because they are stretched to their limit.

[Mr Ellwood]

I am grateful for that clarification. The hon. Lady talked about what she called the endemic problems we are having. I was very frank, honest and transparent and said, yes, as the Secretary of State and the Armed Forces Minister recognise, we need to do our best to recruit and retain. We can only do that if we adapt, and that is one of the reasons for the Bill.

The hon. Lady gave an excellent example of those who are under pressure because of their expertise—there are not enough experts in a particular field, which places extra pressure on those who are there. We need to make sure that we recruit more experts in a particular field—engineers, for example—so that we limit the pressures on any individual to constantly be at work, which we do not want.

The new arrangements will be available to all regular service personnel and are aimed at improving recruitment and retention, in not just the short but the long term. Our aim is to approve as many applications as we can, but we also recognise that there will be some that we will not be able to approve. There will be requests made to work part time to which we will have to say no—for example, because somebody is serving at the moment in a high-readiness unit. We have to manage the expectations about the arrangements and we have to provide commanding officers with the information to help them to determine, with their people, whether the arrangements are right for them, or whether less formal flexible working arrangements, which are already available, might suit them better.

Careful consideration will be given to applications when they are made, and because of that we do not anticipate that there will be a need to vary, suspend or terminate any arrangements. However, the ability to do that is necessary to maintain our ability to recall if operational capability demands. It also provides our people with some flexibility should their own needs change.

When it comes to the numbers, as I mentioned, we do not expect take-up of more than about 1%. On that basis, in our view, collating or reporting the information for the size of the cohort will not provide significant or beneficial data. Our internal systems are likely to capture that information anyway as a matter of course and be reported to Parliament in the normal way. That will provide management information from which the services can assess how effectively the new arrangements are working and make any appropriate adjustments.

This is a new concept; of course we need to understand and manage it, see how it works in practice and adapt accordingly. It therefore seems disproportionate to require the services to spend time and resources compiling the management information proposed in the amendment into a form robust enough for publication when we expect the numbers affected by the powers to be small. I hope that I have provided clarification and assurances, and that the hon. Lady will agree to withdraw the amendment.

[Carol Monaghan]

I still have some questions. There is a difficulty: if we cannot look at the entire picture and see the particular areas of service that cannot access the arrangements, we are missing a trick. Undoubtedly, if people are operationally stretched and unable to access them, there will be more retention issues. However, for the moment, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 1 ordered to stand part of the Bill.

Clause 2

Consequential amendments

Question proposed, That the clause stand part of the Bill.

[Mr Ellwood]

Clause 2 makes small consequential amendments to existing legislation to provide that regular service personnel temporarily serving under flexible working arrangements continue to be excused automatically from jury service. It has long been recognised that regular service personnel are in a unique position when it comes to jury service. It is vital, as I stressed before, that operational capability is maintained at all times, so commanding officers have the ability to certify the need for their personnel to be exempt. The changes will ensure that the same protections are in place for those working under the new part-time arrangements.

The relevant legislation providing automatic excusal and discretionary deferral from jury service in England, Wales and Scotland refer to full-time serving members of Her Majesty’s naval, military or air forces. Service personnel temporarily serving under part-time working arrangements will not, therefore, be covered by the legislation in England, Wales and Scotland. Clause 2 will ensure that we maintain the current position for our people.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Short title, commencement and extent

--- Later in debate ---

[Gerald Jones]

I thank the Minister for the clarification and reassurance he has provided, and for recognising that there is still significant concern. My hon. Friend the Member for North Durham highlighted the concerns and practical issues facing families. The Minister commented on the future accommodation model, understanding that it stands alone as a significant piece of work. He said it is “coming round the corner” soon. Given that we were told that we would have the detail in 2017 and there are only six weeks left in 2017, and while I appreciate that he might not be able to give the fullest detail, I would have hoped for an indication of when that detail will be forthcoming. I am sure the Government recognise that this is a significant issue and that there are huge concerns around it. That said, I do not wish to push the amendment to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Carol Monaghan]

I beg to move amendment 6, in clause 3, page 2, line 21, at end insert—

“(3A) Within one calendar year of making any regulations under subsection (3), the Secretary of State shall commission an independent evaluation into the impact of part-time and geographically restricted working on welfare of Armed Forces personnel.”

An amendment to require the Secretary of State to consider the welfare implications of part-time and geographically restricted working on Armed Forces personnel.

I will explain a little about the amendment. Ultimately, the Bill is to improve the welfare, satisfaction and work-life balance of those who are serving. Of course we want to modernise the services, consider working practices and, as a result, improve the recruitment and retention of personnel. The amendment would ensure that there was an evaluation of the process. Unless we evaluate the scheme, it will be impossible to know its efficacy and impact. The continuous attitude survey is already carried out, and we know that, at the moment, 35% of serving personnel report dissatisfaction with service life. It would be straightforward to widen the continuous attitude survey to include a section on flexible or part-time working, and have a specific evaluation for those who have undertaken that work.

Any new scheme needs evaluation. I am sure the Government have plans to monitor the success of the scheme, so I am not trying to be difficult, but it would be useful to know the details of the monitoring that will take place. Without evaluation, we cannot know the impact of what I believe to be a positive step for those now serving in the armed forces. I would welcome comments from the Minister on that point.

[Mr Ellwood]

I understand what the hon. Lady is saying, but she wants to place a further burden on the Secretary of State to commission an independent evaluation of the impact of the new flexible working arrangements within 12 calendar months of the clause containing the powers to make the new terms of service regulations coming into force. I am not sure whether that is exactly the intention of what she wants to achieve. The regulations to implement the new flexible working arrangements may be made some months before they come into force, so she might be seeking to place a duty on the Secretary of State to commission an independent evaluation of the impact of the new flexible working arrangements within one year of the new terms of service regulations coming into force.

Either way, I assure the hon. Lady and the Committee that the policies and processes that will support the changes brought about by the Bill have been designed by the services for the services. We have done a great deal of work to ensure that the services develop policies that work for them and for their people. Any effects on allowances or promotion are intended to be proportionate and fair, and our policy has been developed to limit any of the negative impacts.

The physical and mental health of our people and their wider wellbeing contribute directly to our operational capability. I have stressed again and again that we must bear that in mind, but we recognise the welfare risks of some personnel having less income, for example, as a result of serving part time. We will strive to ensure that service personnel are independent and responsible in respect of their personal finances, and that will be one of the things that commanders discuss with applicants before making recommendations or seeing applications that are pushed through.

I hope that, given those assurances, the hon. Lady will withdraw her amendment, but I am happy to discuss it with her in more detail at a later date.

[Carol Monaghan]

There is an issue. We need to know how successful flexible working is. Some 35% of serving personnel are dissatisfied; we need to know whether personnel accessing flexible working feel more satisfied with service life. If they do not, the Bill fails.

[Mr Ellwood]

The hon. Lady makes the argument herself that if there is a sense of dissatisfaction, we have to ask ourselves why that is. We are trying to remedy that dissatisfaction; we are trying to make more people satisfied. That will be achieved through flexible working—through the Bill.

[Carol Monaghan]

I think we are probably coming from the same point of view. It is difficult to know the impact if we do not monitor it. The impact of every change we make has to be monitored. However, given the Minister’s assurances, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Mr Kevan Jones]

I just have a question. Clause 3(5) states:

“Section 1 and this section extend to—

(a) England and Wales, Scotland and Northern Ireland,

(b) the Isle of Man, and

(c) the British overseas territories, except Gibraltar.”

I wonder what the issue is with Gibraltar.