Territorial Army

Lord Rosser Excerpts

Wednesday 17th July 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, I agree with my noble friend. Defence has well established, challenging and vibrant cadet programmes with very high reputations, which will continue to be fully supported. Cadet units provide an important link with local communities. Where cadets are co-located on a site for which there is no longer a defence requirement, I can confirm that we will pursue reprovision of the facilities for the cadets to ensure that a local cadet presence is maintained.

[Lord Rosser]

My Lords, on two occasions recently the Minister has declined to give an undertaking that the size of the regular Army will not be reduced to 82,000, as intended, unless the size of the trained Army Reserve has been increased to 30,000, as intended. Since it would be a serious failure of government responsibility if the implications of this possibility had not been considered, will he spell out what the impact would be on the capability of our Army if the size of the regular Army were reduced to 82,000 but the size of the trained Army Reserve had increased to only 25,000 or even fewer, not to the 30,000 intended?

[Lord Astor of Hever]

My Lords, we intend to maintain an appropriate force level to meet our planning assumptions. We will continue closely to manage the growth in the reserves and the reduction in regular numbers. These numbers will be kept under continuous review as we move beyond the end of operations in Afghanistan. Mitigation strategies are in place to ensure that we can take early action to maintain an appropriate force level. These include innovative recruiting campaigns and measures to improve retention.

Armed Forces (Retrial for Serious Offences) Order 2013

Lord Rosser Excerpts

Monday 8th July 2013 Grand Committee

[Lord Trefgarne]

My Lords, I am of course grateful to my noble friend for what he said but will make just a few remarks about the Armed Forces (Retrial for Serious Offences) Order. We need to be careful that we do not surround the activities of our Armed Forces, in particular our Special Forces, with such a panoply of legislation that they will have difficulty discharging their duties in the manner that we would wish. Of course the Armed Forces cannot be exempt from the law, but if they are at risk—or fear that they are at risk—of too zealous an application of the relevant legislation, there may be difficulties of a wider kind.

I apologise for going back so far, but some of your Lordships may recall an incident in Gibraltar in 1988 when Special Forces were involved in an operation against IRA suspects. At the time, there was much initial discussion, although it did not go on for ever, as to whether they had complied with the law or not. It was a very finely balanced judgment and a question of whether they had complied with the rules of engagement, as they are called, laid down by Ministers in respect of the use of firearms in circumstances such as then prevailed. I was much involved in the discussion; indeed, there was a very important debate in your Lordships’ House at that time, to which I replied. It was established that they had indeed complied with the required legal provisions and therefore that no question of any offence arose. However, there was a coroner’s examination of the matter in Gibraltar. The outcome of that was not initially certain but eventually it was clear.

It is important that in general terms we do not surround our Armed Forces, and particularly our Special Forces, with such a panoply of rules and regulations that when the time comes for them to do maybe some pretty dreadful—but nonetheless necessary —things, they are inhibited by a possible fear of vexatious prosecution or perhaps a second prosecution, as provided for by this order. I need to be careful, as there is a particular case before the courts at present which must take its course. However, I hope my noble friend can assure me that nothing in this order will create a situation where the activities of our Armed Forces, including our Special Forces, are placed at risk or in greater difficulty.

[Lord Rosser]

My Lords, we have two orders which, on the face of it, go in slightly different directions. The second order, on the reduction in the number of lay members who sit in a court martial in sentencing proceedings for serious cases where a guilty plea has been entered, could be argued to be weakening the panel, at least as far as lay members are concerned.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall)]

My Lords, the Division Bell is ringing. The Committee will adjourn for 10 minutes.

--- Later in debate ---

[Lord Rosser]

Perhaps I may resume my contribution, which I had hardly started. I should say again that the second instrument we are discussing, on the reduction in the number of lay members who sit in a court martial in sentencing proceedings where a guilty plea has been entered in serious cases, could be argued to be weakening the panel, at least as far as lay members are concerned. The first instrument we are considering seems to go in the other direction, since among other things it now provides for a panel to be able to hear a case again if new and compelling evidence comes to light following a person or persons being acquitted of certain serious offences.

I understand what has driven the order; namely, bringing service proceedings into line with the civilian justice system. I had assumed that the terms of the order would apply only if the person or persons concerned in respect of whom new and compelling evidence had come to light were still members of the Armed Forces, but I think that the Minister referred to a six-month period that could possibly be waived. I am not sure whether that means that for a period of six months after someone has left the Armed Forces, in the circumstances set out in this order, they could still be recalled and retried through the court martial system. I would be grateful if he could clarify the situation when he responds. What would happen if there were two or more defendants, one or more of whom was still in the Armed Forces and one or more of whom was not? How would the reopened case be dealt with? Would it be dealt with within the court martial system?

As I say, I understand what is driving the order, but what is driving the second instrument is a little less clear. Paragraph 7.2 of the Explanatory Memorandum states that the change being proposed,

“is aimed at reducing both delay and the cost of proceedings”.

Reducing delay can certainly be in the interests of justice, but reducing the cost of proceedings sounds as though the instrument is, at least in part, financially rather than justice driven, or at least financially at least as much as justice driven. No figure is given for the reduction in the cost of proceedings, and, as far as I can see, the Explanatory Memorandum is also silent on what the reduction in delays would be, and on how such a reduction would be achieved as a result of the proposals set out in the rules.

Currently, at least five lay members are required to sit in court martial proceedings that relate to a more serious offence, as listed in Schedule 2 to the Armed Forces Act 2006. Under the new rules, the minimum five lay members would be reduced to a minimum of three and a maximum of five in cases relating to a more serious offence where the defendant or defendants entered a guilty plea before the trial began, and where sentence had to be passed. As the Minister said, this arises from a review and recommendation of the Services Courts Rules Review Committee. Is there to be any reduction in the number of non-lay members sitting in court martial proceedings? Are lay members represented on the Services Courts Rules Review Committee that carried out the review and made the recommendation in front of us today?

It would be helpful to know what the savings would be, since it is not immediately obvious that savings of any significance are likely to arise, unless reducing the number of lay members from five to three will be used as a reason for reducing the total number of lay members eligible to sit. To enable me—if nobody else—to get some feel for the impact that the proposed changes might have, perhaps the Minister will answer the following questions, if not today then at a later date. How many court martial proceedings with lay members were held in 2012? What was the total number of cases they heard? What was the total number of days in aggregate for which the courts martial sat? Is the number of sitting days going up, going down or remaining static each year? What is the total number of lay members eligible in aggregate to sit in court martial proceedings? What is the average number of sitting days for a lay member each year?

Furthermore, in how many cases in 2012, if this statutory instrument had been in effect, would the number of lay members sitting on a panel have been reduced from five to three, and what percentage of cases where the sole defendant or co-defendants pleaded guilty before the commencement of the trial would that have represented? Does the change provided for in the statutory instrument have the support of the lay members currently eligible to sit?

Paragraph 8.1 of the Explanatory Memorandum states that the rules have been the subject of “rigorous consultation” with the various bodies and organisations to which it refers. I am not sure of the difference between “consultation” and “rigorous consultation”, and I suspect that the Minister is not, either. Therefore, I am not inviting him to answer the question. However, does one of those bodies and organisations listed in the Explanatory Memorandum as having been consulted represent or speak for the lay members whose numbers are going to be reduced under the terms of this statutory instrument?

I conclude by saying that while we have no intention of opposing the order and rules, I would be grateful if the Minister would respond, at some stage if not today, to the points I have made. Unless there is a corresponding reduction in non-lay members sitting in court martial proceedings, the statutory instrument alters the balance between lay members and non-lay members in sentencing for serious offences where a guilty plea has been entered. I am not clear of the justification for this, in the interests of justice. The decision on whether one is found guilty of an offence is a profoundly significant one for a defendant, and so, too, is the decision on sentence where lay membership involvement has been reduced where there has been a guilty plea, since that sentence—we are talking about serious offences—can take away an individual’s liberty for a considerable period of time.

Reserve Forces

Lord Rosser Excerpts

Wednesday 3rd July 2013 Lords Chamber

[Lord Rosser]

My Lords, I thank the Minister for repeating the Statement made earlier in the House of Commons by the Secretary of State. The Minister will be aware that the information on the hardly insignificant issue of the net reduction of 26 sites that will be lost was not available when the Secretary of State made his Statement. The Speaker in the Commons described that as “woefully inadequate” and reminded the Secretary of State that he was responsible for his department. The information on the sites is now available but will the Minister confirm that, in future, when the Secretary of State makes a Statement, he—the Secretary of State —will provide both it and the supporting documentation at the normally accepted time?

Before I go any further, I should say that we support an enhanced role for our Reserve Forces working alongside our regulars. We pay tribute to those who have served, particularly the 30 reservists who have died in the service of our country over the last 10 years and the much larger number who have been wounded. We welcome much of today’s announcement, not least those parts dealing with increased training alongside regulars, investment in equipment, the changed nature of Reserve Forces, improved occupational healthcare and welfare arrangements—including, presumably, for mental health problems—and the intentions to address the issues surrounding potential discrimination against members of our future Reserve Forces in their civilian employment.

We want the increase in the number of our reserves to be achieved, not least because the Government appear to be putting all their eggs in one basket on this issue; there appears to be no plan B. Today’s Statement and White Paper follow on from previous Statements and the consultation document Future Reserves 2020. In the foreword to that document, the Secretary of State said that it marked,

“a significant step forward in our plans to build the effective reserves our Armed Forces require to provide security for the Nation in future”.

The paper also said that our Reserve Forces,

“will be an integral and integrated element of our Armed Forces”,

will be,

“routinely involved in most military deployments”,

and that our Armed Forces will,

“increasingly rely on the Reserve Forces to achieve the full range of tasks set to Defence”.

On the basis of the Government’s own words, the reserves will not simply be complementing our Army; they will be plugging some of the gaps left by cuts to regular personnel. However, when I asked the Government two weeks ago for an assurance that the size of our Regular Army would not be reduced to the intended figure of 82,000 unless the strength of our Army Reserve had been increased to the intended trained strength of 30,000, the Minister said he could not give me such an undertaking.

The Strategic Defence and Security Review in 2010 addressed the issue of the commitments and planning assumptions that our future Armed Forces could be expected to carry out and the maximum level, extent and nature of operations they could be expected to undertake at any one time. Can those planning assumptions, set out in the SDSR in 2010 when there were 102,000 regulars in the Army, still be carried out with a Regular Army of 82,000 and an Army Reserve force of 30,000? Is the reduction in the size of our Regular Army to 82,000 dependent on our having increased the size of our trained Army Reserve to 30,000? If we need a Regular Army of 82,000 and an Army Reserve force of 30,000 to fulfil the maximum level, extent and nature of operations that we would expect our future Armed Forces to undertake at any one time, as set out in the 2010 SDSR, how can the Government allow the size of our Regular Army to fall to 82,000 unless there is, by then, a trained Army Reserve force of 30,000? If the reduction in the size of our Regular Army to 82,000 is not dependent on having first achieved an increase in the size of our trained Army Reserve to 30,000, that must surely mean that we will not have the manpower available that was assumed in the 2010 SDSR. Could the Minister confirm that this would mean less capability as a result and, if so, which capabilities would go or be reduced as a result?

The Statement has confirmed that the Government will be investing an additional £1.8 billion in the reserves over the next 10 years. How will that be divided between buildings, equipment, recruitment—including financial incentives—and pay? Will a trained Army reservist be regarded as having the same level of skills, expertise and experience as a comparable member of the Regular Army?

Some concerns have been expressed about the likelihood of increasing the number in our Reserve Forces to the required level. How is recruitment to our reserves currently going against targets? What was the situation in that regard last year? As for recruitment to the reserves, will new recruits be committed to staying in the reserves for a minimum or any other specific period of time? Will those receiving the taxable bonus of £5,000, to which I think reference was made in the Statement, be required to stay for a minimum period of time? What assumptions have been made about turnover in the reserves in future? How many people has it been assumed will need to be recruited into the reserves each year to sustain the greatly increased numbers in our Reserve Forces, including 30,000 in the Army Reserve?

How easy or otherwise it proves to increase the size of our reserve forces remains to be seen. A recent Federation of Small Businesses survey found that one in three employers believed that nothing would encourage them to employ a reservist, despite the fact that service experience provides people with organisational, team-building and leadership skills. It is of course possible that the financial incentives for SMEs announced in the Statement may change that position.

I reiterate our support for the enhanced role of our Reserve Forces. The move will also provide the opportunity to help to ensure that we can maximise niche civilian skills in a military setting, not least in the fields of cybersecurity and languages. It is also essential that those who want to volunteer to serve their country are protected in the workplace and do not suffer discrimination. That may not always be easy to achieve, since discrimination against someone who is not there the whole time can sometimes be very difficult to prove. I look to the Government to put particular emphasis on that point in the legislation and regulations that will follow.

We hope that the required increase in our Reserve Forces is achieved. The potential consequences for the defence and protection of our nation could be very serious if it is not.

Armed Forces: Human Rights

Lord Rosser Excerpts

Tuesday 25th June 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, I hope that I can give the noble and gallant Lord some reassurance on his questions. While the judgment will create uncertainties, we are determined that it will not undermine the authority of commanders in the field to give orders required in often fast-moving circumstances. I do not expect it to be open to a soldier facing a charge of failing to follow orders to argue that his human rights trumped those orders, nor do I believe that officers acting in good faith would ever face disciplinary action in the circumstances that the noble and gallant Lord has described.

[Lord Rosser]

My Lords, the ruling is that the families of the Armed Forces personnel concerned can take action against the Ministry of Defence, since the court ruled that the doctrine of combat immunity should be interpreted narrowly. The individual claims concerned will now return to the High Court and it remains to be seen what the exact outcome will be. While it is essential that the MoD and the Armed Forces have a duty of care to service personnel, the concerns that have been expressed by the Defence Secretary and senior military figures on the potential military implications of the ruling should give pause for thought. Can the Minister say whether any consideration is likely to be given by the Government to the legislative position in the light of the court ruling, and is he aware of any of our allies who are in a similar position to the one in which we now find ourselves?

[Lord Astor of Hever]

My Lords, as I said in my initial response, urgent discussions are taking place in the Ministry of Defence. We are meeting lawyers and trying to work out the best way forward for members of the Armed Forces. As regards our allies, we know that they are very interested in this issue and we will share the conclusions of our discussions with them as soon as possible.

Armed Forces: Reserve Forces

Lord Rosser Excerpts

Wednesday 19th June 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, the noble Viscount makes a very important point and we realise that this is a key area that we must get right. We are grateful to those employers who play a very important role. We recognise that the needs of employers must be understood and respected. That is why we are moving to relationships with employers based on partnering, giving greater predictability and certainty to when reserves will be required for training or, indeed, deployment.

[Lord Rosser]

My Lords, in the House of Commons on Monday, the Minister for the Armed Forces said:

“I am relatively confident that enough people will come forward to join the reserves and that we can look forward to having a vibrant reserve Army”.—[Official Report, 17/06/13; col. 609.]

Does the Minister share the doubts of his ministerial colleague, betrayed in that answer, that the target figure of 30,000 for our Reserve Forces may not be achieved? Can the Minister give an undertaking that the size of our Regular Army will not be reduced to the intended figure of 82,000 unless and until our Reserve Forces have been increased to 30,000 and have been appropriately trained?

Royal Navy: Escort Vessels

Lord Rosser Excerpts

Monday 17th June 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, 3 Commando Brigade Royal Marines continues to provide a key element of our high-readiness response force. With the Royal Navy’s amphibious shipping, 3 Commando Brigade has strategic reach and is able to land and sustain from the sea a commando group of up to 1,800 personnel, together with protective vehicles and other equipment. Other elements of the Royal Marines continue to undertake a wide range of tasks, including protecting the nuclear deterrent and contributing to operations against piracy in the Indian Ocean.

[Lord Rosser]

My Lords, there is a significant gap in our maritime surveillance capability. How and when do the Government intend to plug it?

[Lord Astor of Hever]

My Lords, there is no gap. Everything is carefully thought out. We would not be irresponsible enough to do what the noble Lord said.

Defence: Better Defence Acquisition

Lord Rosser Excerpts

Monday 10th June 2013 Lords Chamber

[Lord Rosser]

My Lords, the Minister has had the sombre duty of paying tribute to five members of our Armed Forces who have lost their lives while serving our country, and expressing condolences to their families and friends. We associate ourselves fully with the Minister’s words. Recent events have reminded us that it is not just when they are in action overseas that the lives of members of our Armed Forces can be at risk.

I thank the Minister for repeating the Statement made in the other place. On these Benches we support defence procurement reform. We are open-minded about how this is achieved and we welcome a full and thorough examination of all possible options and a genuine comparison between the two options of the GOCO model and DE&S-plus. It is important that we should be able to move forward on this issue on a bipartisan basis. I have a number of questions and points to raise to which I would be grateful for a response either today or later.

Some argue that the GOCO principle is not entirely new, as the Atomic Weapons Establishment functions under this arrangement. Will the assessment of the GOCO model and DE&S-plus include an evaluation of the performance of the Atomic Weapons Establishment and the extent to which it has or has not performed better under the current structure?

The Government’s case for the GOCO appears in considerable part to be based on the view that the existing organisational structure of DE&S within the Civil Service acts as a deterrent to attracting some of the kind of people and expertise required because of the need to keep within Civil Service pay structures and cultures. There is, in the Government’s view, a need for behavioural change, and bringing in a few people from outside is insufficient. If that is the case, are the Government saying that it would not be possible to create the pay and incentive arrangements felt to be needed in respect of the DE&S without going down the path of a GOCO as envisaged in the Statement today?

If the issue is behavioural change then, in more specific terms, what is the change or changes that the Government wish to see, and how quickly do the Government believe that such changes could be achieved, since the staff working in the GOCO will come almost exclusively from staff transferred from the present DE&S with their existing conditions? Will the organisation running the GOCO be able to make decisions on staffing levels and other resources independently of the Secretary of State?

Obviously, the Government will have been sounding out outside organisations which might be interested in taking over the procurement operation. It may well be that no one company will have all the necessary skills or expertise to take over the procurement function and we may end up with a single consortium of companies. If that is the case, the Government will need to satisfy themselves that any consortium will not, in effect, become a monopoly provider of the service due to alternative individual companies or consortia with the same levels of knowledge and expertise not being available when the contract comes up again for tender. How do the Government intend to ensure that when the contract comes up for renewal, there will be competition? Can the Minister say how long it is envisaged that a contract to run the GOCO will last, and give the criteria for judging whether the contract has been successful?

There is a potential danger of the current expertise and knowledge within the military and civilian personnel of the Ministry of Defence on equipment issues, including cutting-edge equipment and technology, being diminished if a GOCO is established to take over the procurement function, with that knowledge resting more and more within the private sector. Would this mean that HMG’s sovereign ability to ensure the provision of battle-winning equipment could be diminished?

Will military personnel be seconded to work for a period in the GOCO, and will the current arrangements under which some Ministry of Defence staff work alongside private defence contractors, particularly on cutting-edge projects, continue under a GOCO? If a GOCO is established on the basis set out in the Statement and the White Paper, it does not look as though any meaningful risk will transfer away from the Ministry of Defence and thus the taxpayer. If I have misunderstood what is being proposed under the GOCO arrangement, perhaps the Minister could give some examples of the kind of risks that would be transferred from the public sector to the private sector.

What is anticipated would be the basis of a contract to take over the running of the GOCO? Would it be fixed-fee or performance-based? If the Government do not think too much of the performance or culture of the existing DE&S organisation and feel that there is a need for change, who is there in the Ministry of Defence who would be deemed competent to negotiate and supervise a contract with potential bidders that was in the taxpayer’s interests? Who will share the benefits of any improved efficiency in defence procurement as a result of the GOCO? Under the proposed GOCO, would Ministers have any powers to intervene in a contract negotiation or specific procurement decision?

Will the organisation running the GOCO have full knowledge of the UK’s defence equipment capability? If so, will this not be a potential security risk, and have any concerns on this issue been raised by the US and other allies? Would a GOCO model cover the whole of the equipment programme, including the nuclear deterrent? Would there be any requirement on a private company or consortium running a GOCO to ensure that defence manufacturers and suppliers in this country are given the sort of priority needed to ensure that a sovereign capability supporting a UK defence industrial strategy is retained?

Can the Minister give any assurances that a GOCO as envisaged in the Statement and the White Paper would not lead to a run-down in defence jobs in this country? Can he also give assurances that any changes made to the present DE&S organisation will be the subject of full and proper consultation with the staff and their trade union representatives, and that the rights of all existing staff will be protected? One would have thought that the staff and their representatives would also have a valuable input to make on the assessment of the options being considered.

I also ask the Minister for an assurance that the chosen model of procurement management will not lead to any diminution in accountability to Parliament for decision-making and that oversight and scrutiny of multibillion-pound contracts will not be hampered but enhanced. Can he also give an assurance that, at the very least, the same amount of information that is currently in the public domain in relation to the activities and working of DE&S will remain so under any different model of procurement management? We do not want to find that less information is in the public domain on grounds of commercial confidentiality.

We recognise the need for reform of defence procurement. We expect the Government to be open about the findings of the assessments that they will be undertaking on the chosen model for the future and that the two value-for-money assessments will be published and open to full scrutiny, including in this House, before a final decision is made. That is not only important for the need to ensure value for money but, equally significantly, is crucial to ensure that we get right the arrangements for supporting and equipping our Armed Forces who are serving, or ready to serve, on the front line on our behalf.

Afghanistan: Interpreters

Lord Rosser Excerpts

Wednesday 27th March 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, I have been out to Afghanistan several times, as have other noble Lords, and each time the situation is a lot better than it was before. So we do have a good story to tell. I am very optimistic about the future of Afghanistan.

[Lord Rosser]

My Lords, under the last Government a settlement programme was agreed for Iraqi staff and their dependants. At the end of last year, the shadow Home Secretary called on the Government to offer a settlement scheme for Afghan interpreters who had helped and worked alongside British troops, in some cases suffering injury and now facing threats from the Taliban as our troops pull out. If someone now fears for his own and his family’s safety as a result of working with our soldiers and helping to fight for Britain’s long-term security, we should be prepared to act. Why is there any hesitation on the part of the Government when these are people who have surely been through the hardest citizenship test one could envisage?

[Lord Astor of Hever]

My Lords, there is no hesitation. We take our responsibility for all members of staff very seriously and have put in place measures to reduce the risks they face. Precautions are taken during recruitment and staff are fully briefed of any risks involved in their work before taking up employment. As I said, the Government are looking into this matter, and I hope to report back to the House later this year.

Armed Forces: Autonomous Weapon Systems

Lord Rosser Excerpts

Tuesday 26th March 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, remotely piloted aircraft systems are likely to form part of the future force mix, as they may offer advantages in endurance and range. However, the dynamic complexity of fighter-versus-fighter-type missions does not favour remote control. Therefore, a wholly unmanned force is unlikely to be achievable or desirable in future. Studies suggest a likely combat air force mix of two-thirds manned and one-third remotely piloted in around the 2030 timeframe.

[Lord Rosser]

There is a perception that unmanned technology is shrouded in secrecy. Although the rules of engagement for unmanned aerial vehicles are the same as those for manned aircraft, there is surely a case for the United Kingdom taking the lead by considering having a code on the context and limitations of usage of UAVs to clarify the rules, given the significance and spread of this technology. Is this a point that the Government are considering or will consider?

[Lord Astor of Hever]

My Lords, I shall certainly take that question back to my department and get back to the noble Lord. We always make sure that equipment is used appropriately. Even after a weapon system is declared lawful, its use will still be subject to stringent rules of engagement governing its employment in the context and specific circumstances of the operation in question. Those rules of engagement as well as addressing legal issues can, as a matter of policy, be more restrictive than the applicable law.

Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) Order 2013

Lord Rosser Excerpts

Monday 25th March 2013 Grand Committee

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)]

My Lords, I am introducing this legislation, which provides access to additional benefits for service and ex-service personnel who are entitled to a new benefit, to be known as the Armed Forces independence payment, or AFIP, which is to be introduced on 8 April this year. The new benefit is another example of the Government delivering our commitment to uphold the Armed Forces covenant. The Armed Forces covenant has two basic principles: that those who serve in the Armed Forces and their families should face no disadvantage compared with other citizens; and that special consideration is appropriate in some cases, especially for those who have given most, such as the injured and the bereaved.

Only recently the Government announced that they would make £6.5 million available to spend on latest-generation prosthetics. We are also improving rehabilitation services across the country for service personnel and veterans who are amputees. We are putting in place support and help for those who have suffered serious injuries in the line of duty, and AFIP will further enhance that support. It is important that we introduce AFIP and make sure that those most seriously injured receive this support.

In my mind, there are three key features. First, AFIP will provide ongoing financial support for the most severely injured. They will not have to be assessed or reassessed to access these payments. Secondly, this will simplify and streamline the support that service and ex-service personnel receive. It means that additional support can be offered based on an assessment already performed under the Armed Forces Compensation Scheme. Thirdly, all recipients will receive £134.40 per week, which will be tax-free and not means-tested. PIP will also be tax-free and not means-tested.

To explain the need for the order, it may be helpful if I provide some background to the new payment. In July 2012, the Prime Minister announced that the Government would simplify and enhance the financial support system for members of the Armed Forces who have been seriously injured, as part of the measures to uphold the Armed Forces covenant. Since that time, my department has been working closely with the Department for Work and Pensions to consider how such support could be designed. This close co-operation resulted in the design of AFIP.

At the initial design stages of AFIP, we sought feedback from ex-service organisations and charities via the Central Advisory Committee on Pensions and Compensation. This was to ensure that we had input from those who represent in-service and ex-service families and the bereaved. Those whom we contacted included the Royal British Legion, the War Widows’ Association, the British Limbless Ex-Servicemen’s Association and Combat Stress, as well as service members. The feedback received was valuable and helped inform the final design of AFIP.

Who will get this new benefit and the additional access to benefits that will accompany it? All service and ex-service personnel seriously injured since 6 April 2005 will be eligible. To clarify, the “seriously injured” are defined as those awarded a guaranteed income payment of 50% or more under the Armed Forces Compensation Scheme. It is important to note that AFIP will cover those with both permanent physical and mental injuries caused by service. It is the level of AFCS award that provides eligibility for AFIP. No additional assessment is undertaken and no further reassessment is required. This will provide ongoing financial security for the most severely injured. All those eligible will receive a flat-rate, ongoing payment of £134.40 per week. This will be tax-free and will not be means-tested. AFIP is to be introduced on 8 April this year. Seriously injured service and ex-service personnel who claim AFIP cannot also claim other disability benefits from the Department for Work and Pensions, including disability living allowance, personal independence payment and attendance allowance, no two of which can be claimed at the same time.

Other disability cost benefits, such as personal independence payment and disability living allowance, are used to provide access to a number of other benefits, schemes and services that are offered by other government departments, devolved Administrations and local authorities. These are often referred to in this context as passports. To ensure that AFIP recipients also have access to these additional benefits, we are bringing forward two packages of consequential amendments. The majority of these consequential amendments are to secondary legislation and so will form a package of regulations that was laid on 18 March this year. As for PIP, these included Motability, jobseeker’s allowance, legal aid, NHS costs, working tax credit, child tax credit, housing benefit and the council tax reduction scheme.

However, to establish access to three important passports, we are required to amend three other parts of primary legislation. That is what we are here to debate today. These minor but important legislative changes are in respect of carer’s allowance, Christmas bonus and the seatbelt exemption for medical reasons. The legislative change in respect of carer’s allowance will ensure that those who provide valuable support to seriously injured members of the Armed Forces in receipt of AFIP have access to DWP’s carer’s allowance, which will be £59.75 from April 2013. This change will specifically make provision for those who devote their lives to supporting our seriously injured people, providing some financial support for doing so. It is only right that a person caring for an AFIP recipient should have access to carer’s allowance.

As for the Christmas bonus, these provisions will ensure that all recipients of AFIP automatically qualify for the tax-free, lump sum Christmas bonus, which is paid annually by the Department for Work and Pensions. In cases where the injured serviceperson requires, on medical grounds, an exemption from wearing a seatbelt, the individual must hold a valid certificate of exemption from compulsory seatbelt wearing. Only a medical practitioner may issue this certificate. This amendment will enable the medical practitioner to seek reimbursement from the Department for Transport for the cost of medical assessment that is required in these cases. As I have set out today, these three minor, but important, new provisions are designed to ensure that our most seriously injured service and ex-service personnel are able to access the additional benefits and schemes that they deserve.

AFIP is another example of the Government’s commitment to uphold the Armed Forces covenant and deliver tangible benefits for members of the Armed Forces and veterans. AFIP will provide ongoing financial support for the most severely injured service and ex-service personnel on the basis of their Armed Forces Compensation Scheme award without assessment or reassessment. Furthermore, AFIP will provide them with passports to additional benefit schemes and services that are offered by other government departments, devolved Administrations and local authorities. The Government will track the progress of AFIP and will report on its implementation in the Armed Forces covenant report towards the end of 2013.

It is important that we address these issues, meeting the principles at the heart of the covenant, and that is why we propose to bring in AFIP for members of the Armed Forces and veterans who are seriously injured. I hope that the Committee will therefore be happy to consider the order this afternoon.

[Lord Rosser]

My Lords, I thank the Minister for his comprehensive explanation of the background to, and purpose of, this order. We support the principle of the Armed Forces independence payment, which is to be paid to those who have been most seriously injured, as well as the order that we are now considering and the access to the three important passports, to which the Minister referred. However, there are one or two points on which I should like clarification.

When the order was discussed in the other place earlier this month, the Minister of State, Mr Mark Francois, said that at the initial design stages of the Armed Forces independence payment, the Government sought feedback from ex-service organisations and charities via the Central Advisory Committee on Pensions and Compensation. He went on to say that the feedback received was valuable and helped to inform the final design of AFIP. However, paragraph 8 of the Explanatory Memorandum, which covers the consultation outcomes section, indicates a degree of division among the key ex-service organisations. It states that, while the organisations recommended change to only the eligibility criteria, they,

“disagreed with each other, some considering the eligibility criteria too narrow, others too broad”.

Therefore, I simply ask whether we are now in a situation where the ex-service organisations and service personnel have agreed on the eligibility criteria for the Armed Forces independence payment.

As the Minister said, the payment will be £134.40 a week, tax-free. As I do not think that it is in the documentation, can the noble Lord indicate how many seriously injured service and former service personnel are expected to receive AFIP, and how much more these personnel will receive each week with AFIP compared with the allowances or payments that they currently receive? Can he also indicate what the total additional cost per annum of AFIP will be compared with the cost per annum of the payments currently being made to the most seriously injured service and former service personnel in question?

However, I conclude by reiterating our support for the principle of the Armed Forces independence payment and for the order that we are now considering.

[Lord Addington]

My Lords, this is one of those situations where I think we are basically going to say, “We thank the Government for doing this but, there again, they should have done it”. There is a level of agreement flowing among us today from which I will not demur greatly. The only real question that I have is how we can learn from the simplicity and straightforwardness of this measure, and whether this can be borne in mind and fed back into the general benefits system. That would be very beneficial.

Also, as the noble Lord, Lord Rosser, said, a little more elucidation on the disagreement among the veterans and those with an interest in the order would probably help the House and all those outside. Although they come together to speak with one voice, they come from different angles and have a different approach. It would probably be beneficial for everybody who is interested in the covenant if we could have an explanation of how the argument is being constructed. Such an explanation is always useful because there is never one voice, even if we end up with one answer.