Armed Forces Bill

Debate between Lord Tunnicliffe and Lord Dannatt

Report stage
Tuesday 23rd November 2021 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, I rise to move Amendment 26, in the name of my noble friend Lord Coaker. We have retabled this amendment from Committee due to the strength of feeling on this issue across the House. Commonwealth service personnel and other non-UK personnel have contributed an enormous amount to our national defence, and we owe them a debt of gratitude.

Extortionate visa fees have left non-UK veterans facing financial ruin and feeling abandoned by the country they served with courage and distinction. I was shocked when the noble and gallant Lord, Lord Craig, said in Committee that Hong Kong veterans feel that

“they are being treated as aliens, not veterans of Her Majesty’s Armed Forces.”

I remember how the noble Lord, Lord Dannatt, said that the welcome approach to former Afghan staff means that government policy towards

“foreign and Commonwealth soldiers who have stood shoulder to shoulder with us and fought in many campaigns … is an anomaly and it is bizarre.”

I also remember how the noble Lord, Lord Lancaster, said that the MoD policy change that now allows Gurkhas to apply some 18 weeks before leaving service

“does not address the issue of cost”.

The Minister stated:

“We recognise that settlement fees place a financial burden on non-UK serving personnel wishing to remain in the UK after their discharge”.


So why is action on this issue so slow? I am grateful that the Minister told the House that 6,398 responses were received in the Government’s consultation, but we are still not further forward when the Minister says only that

“the Government will publish their response in due course.”—[Official Report, 2/11/21; cols. GC 337-41.]

This answer is no longer acceptable. We need to know when and how the Government will act, and they should not hide behind the usual ministerial lines to kick the can down the road.

I remind the Minister of the large sums involved. Under current rules, Commonwealth personnel face a fee of £2,389 per person to continue to live in the UK, after having served for at least four years. This means that someone with a partner and two children could face a bill of £10,000 to stay in Britain. I will listen very closely to the Minister’s reply.

[Lord Dannatt (CB)]

I will make two points, a broader one and a narrower one that is particularly germane to this amendment. My broader point picks up the discussion in your Lordships’ House about the wider duty of care standard, which we debated in the context of the overseas operations Bill, introduced at Second Reading of this Bill and discussed and debated in Committee. I am encouraged by the Minister’s various responses at the various stages of these two Bills. The Ministry of Defence appears to be going very much in the right direction, which is why an amendment requiring the Secretary of State to put in place a duty of care standard has not featured on Report of this Bill.

My narrower point still relates to duty of care and duty of care standards, with particular regard to former service men and women who served in Hong Kong, Gurkhas, and foreign and Commonwealth individuals. The latter make up a large proportion of the British Armed Forces today. I come back to the very narrow point I made in Committee: it is an anomaly that among those withdrawn from Afghanistan in Operation Pitting in August were former members of the Afghan national army, who have now been given right of residence in this country and are in a better position than foreign and Commonwealth soldiers, and Gurkha soldiers who have served shoulder to shoulder with us for at least four years, and in many cases for much longer.