Armed Forces (Flexible Working) Bill [Lords] Debate

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Department: Ministry of Defence
Nia Griffith Portrait Nia Griffith (Llanelli) (Lab)
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I echo the Secretary of State’s words about the outstanding professionalism of our armed forces and our huge indebtedness to them. I want to make it clear at the outset that Labour supports the Bill in principle. Our scrutiny and questions will be in the spirit of seeking clarification and improving it, rather than opposing it. Furthermore, given that the Bill was introduced in the other place, some of our initial concerns have already been debated and clarified to some degree, which will help to expedite its passage in this House.

I am grateful to my good friend Lord Touhig, who speaks for the Opposition on defence matters in the other place, for his excellent work on this Bill. I am particularly grateful to him for pressing an amendment, which I am glad that the Government have accepted, as the Secretary of State confirmed, to ensure that the finer detail that is introduced in subsequent regulations will be subject to the affirmative procedure. In other words, we will get the opportunity to scrutinise any delegated legislation, which is an important safeguard because the devil is so often in the detail. Having set such a good example, I wonder whether the Secretary of State could prevail upon his colleagues in the Department for Exiting the European Union to accept amendments to provide the same sort of transparency on important matters such as workers’ rights and environmental protections in the European Union (Withdrawal) Bill.

Returning to the Bill in hand, the title is somewhat confusing at first sight, because the term “flexible working” already has connotations, usually referring to a situation where contractual hours remain the same but there is the opportunity to vary starting and finishing times or to work from home. This Bill is not about the right to request that sort of flexible working. That opportunity already exists for the armed forces, as do maternity and paternity leave and the opportunity to request a period of unpaid leave to undertake study, for example. The purpose of this Bill is to allow members of our armed forces to request to work for a defined period in a part-time capacity with the necessary contractual changes that that would entail and/or to request limits to separated service—deployment—for defined periods. As I have said, we welcome this Bill, because we support effective ways of improving conditions for those who serve in our armed forces, and we also want to enable the forces to draw from the widest possible pool of talent when recruiting personnel to serve.

We all recognise that the complexities of modern life mean juggling work and home responsibilities, and childcare arrangements are often complex when both parents work full time. In such circumstances, it does not take much to upset that delicately balanced situation, and the emotional turmoil of learning that a child, partner or parent is seriously ill is compounded by practical difficulties, which might mean frequent medical appointments or a stronger parental presence in the home. Many of us have faced such situations. For me, it was when I was very young, before I started my first job, when I stayed at home to look after my father and teenage sisters and nurse my mother through her terminal illness. Family issues are all the more complex for service personnel, with the expectations of constant readiness and deployment, and it is understandable that personnel sometimes feel forced to give up the service they love for civilian jobs that offer greater flexibility. However, it makes no sense to lose someone simply because they need a more flexible working arrangement for a specified time after all the investment that has gone into their training. That is where this Bill comes in, offering the possibility of consideration for part-time hours or limits to separated service. We agree and understand that there must always be regard for operational capability when assessing requests for such working.

There is a recruitment and retention crisis in our armed forces. The reasons why personnel leave are many and complex, but the 2017 armed forces continuous attitude survey found that the impact on family and personal life remains the top reason for leaving. A third of personnel have said that an option to work part time would strengthen their intention to stay, and a similar proportion say that an option for reduced separated service, including operational deployment, would make them more likely to remain in the forces. If the options available through the Bill can help to retain some of those personnel, that would clearly be beneficial.

I understand that assurances were given in the other place that the fact that someone had availed themselves of the opportunity to work part time would not count against them for promotion, and that assessment of applicants would be made on the basis of their skills, experience and future potential, regardless of any period of part-time or geographically limited working. That is vital to ensure that our services do not miss out on excellent candidates simply because they have taken a period of part-time work and that personnel are not disadvantaged. It is also important because we may find that women in particular will avail themselves of this part-time option, and we want to see more women not only recruited into the services, but retained and reaching senior ranks. Treating with parity those who have opted to take a period of part-time working will need more than a policy about its not affecting promotion prospects; it will need a cultural shift.

I also understand that assurances were given in the other place that personnel availing themselves of the options in this Bill would not lose their service accommodation. Clearly, a period of family difficulty is not a time to have any additional worries about accommodation. I would therefore be grateful if the Under-Secretary of State for Defence, the right hon. Member for Bournemouth East (Mr Ellwood), could provide additional assurances in both those areas when he gets to his feet at the end of today’s debate and explain how he proposes to engender the cultural shift that will be required.

Ian C. Lucas Portrait Ian C. Lucas
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Does my hon. Friend agree that many of the welcome initiatives in the Bill are being undercut by the increasingly strong movement of the armed forces to the M4 corridor and away from local communities? In my constituency, for example, the local Royal Electrical and Mechanical Engineers headquarters is being shifted from north Wales to Bristol. The armed forces are maintaining fewer and fewer connections with local communities.

Nia Griffith Portrait Nia Griffith
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I share my hon. Friend’s concern. If we see the likes of REME in Wrexham and Prestatyn close, opportunities for the whole of north Wales will effectively be withdrawn. That will impact badly on recruitment to our reservist forces and lead to the loss of buy-in from those communities, both of which are serious issues that need addressing.

Andrew Murrison Portrait Dr Murrison
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Does the hon. Lady agree that it is far more important for families to have some sort of certitude about where they are going to be based for a protracted period of time? Moving around the country in the old way was hopeless in that respect and was one of the principal reasons why people decided to leave.

Nia Griffith Portrait Nia Griffith
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I think we are talking about two slightly different things. In the cases of Wrexham and Prestatyn, we are talking about particular reservist bases, and my worry is that if we do not draw reservists from across the country, we will miss out on talent. However, I take the hon. Gentleman’s point about the other issue.

If the beneficial impact of this Bill is to be fully felt, it is also vital that every effort is made to ensure that service personnel are made aware of the options it affords. We know that individuals are often reluctant to talk about difficult family circumstances for fear of that being seen as a sign of weakness, so it is vital that personnel know about the new options that the Bill introduces before they need to access them. I would therefore be grateful if the Minister outlined how service personnel will be made aware of the options open to them through the Bill.

A decision to take up the option of working on a part-time basis, with the consequent reduction in pay, is not something that anyone would undertake lightly, but it is a decision that may have to be taken at a time of particular stress or difficulty. The Ministry of Defence, as an employer, therefore has a duty of care to ensure that individuals are fully aware of the financial implications of any request and to point out to them that they may wish to take independent financial advice because, although everyone would want to calculate the immediate impact of going part time on their take-home pay, the effect on pensions is not so obvious. Even a limited period of lower contributions could have an effect later in life on what a person receives in every single year they draw their pension. I would be grateful if the Minister set out how the new framework established by the Bill will be made clear to personnel. What assurance can he give that the impact of any change in service arrangements will be highlighted appropriately?

Although we welcome the Bill, it is not a panacea for the very real challenges of recruitment and retention in our armed forces. Members on both sides of the House share my concern that numbers continue to fall in every single service. The trade-trained size of the Army is now well below the 82,000 target that the Conservative party promised to maintain in its manifesto, and intake rates are falling in each of the reserve forces, too. Indeed, a recent report by the right hon. Member for Rayleigh and Wickford (Mr Francois), commissioned by the Government, found that recruitment to the armed forces is “running to stand still,” resulting in the “hollowing out” of the services.

Stephen Doughty Portrait Stephen Doughty
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My hon. Friend is making an important point. Has she had a chance to look at the figures that the Minister for the Armed Forces released to me earlier this year? They show that at Catterick, for example, not a single common infantry course this year was filled. In one month, April, only 14 of 96 places were filled. The course was not filled in any month this year. Does my hon. Friend think the Government have a grip on the recruitment crisis they are facing?

Nia Griffith Portrait Nia Griffith
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My hon. Friend makes a good point, and I hope Ministers are listening to that major concern.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
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I thank the hon. Lady for kindly mentioning my report. One point it raises is that, although recruitment is definitely under pressure, there is quite an optimistic picture for the reserves, and the picture has been getting better, not worse.

Nia Griffith Portrait Nia Griffith
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I thank the right hon. Gentleman for his intervention, but his report also mentions the concern, which Opposition Members share, about the MOD’s recruitment contract with Capita.

The Public Accounts Committee recommended back in 2014 that the MOD

“should ensure that it is able to hold Capita to account for its performance in delivering the Army recruitment contract”.

I would be grateful if the Minister set out how exactly Capita is being held to account for its persistent and inexcusable failure to meet the targets.

Earlier this month we read reports that said that the serving reservists who staff recruitment offices will be replaced by civilian staff from Capita, further weakening the link between those who serve in our forces and the recruitment process. It is clear that intake rates cannot be allowed to continue falling year on year, and I would be grateful if the Minister also set out what specific action he will take to address that.

One important way of beginning to deal with the crisis in recruitment and retention would be to lift the public sector pay cap and give our armed forces the pay award that they deserve. Our personnel serve with courage and distinction and, particularly at this time of year in the run-up to Remembrance Sunday, we remember the sacrifices that they make on our behalf. Yet their pay was frozen for the first two years of the 2010 to 2015 Parliament, and it has risen by just 1% a year from 2013. When inflation is factored in, the starting salary of an Army private has been cut by more than £1,000 in real terms since 2010, yet accommodation costs have continued to rise and personnel and their families have lost out due to cuts in social security payments.

The Armed Forces Pay Review Body observed that the “perfect storm” has resulted in few personnel feeling that they get anything resembling a pay rise each year. Indeed, the latest armed forces continuous attitude survey found that satisfaction with basic rates of pay and pension benefits is at the lowest level ever recorded, with only a third of personnel satisfied with their basic pay.

Toby Perkins Portrait Toby Perkins
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If a business had huge shortages in certain skills because people with those skills were leaving for competitor organisations, would it not be incredible if that business was simultaneously spending huge amounts of money training new people to replace those who had left while, as part of its recruitment and retention strategy, keeping wages below inflation when all its competitors are increasing wages?

Nia Griffith Portrait Nia Griffith
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My hon. Friend, with his business experience, makes a valid point.

Of course, our armed forces do not have a trade union to lobby on their behalf, but I know from my conversations with personnel that there is considerable interest in the Government’s policy on pay. That is an area on which we want to work constructively with the Government, and I have already said that if they are prepared to amend the Bill to give a fair pay rise to our forces personnel, or even to allow the Armed Forces Pay Review Body to conduct an in-year review without the cap in place, the Government can certainly count on Labour support.

We welcome the Bill, which has support on both sides of the House. I look forward to working with Members to scrutinise and improve it appropriately.

None Portrait Several hon. Members rose—
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