Oral Answers to Questions

Lord Lancaster of Kimbolton Excerpts

Monday 4th July 2011 Commons Chamber

[Dr Fox]

The hon. Gentleman asks a key question. How the transition occurs is of key importance. If there is some political settlement and an orderly handover to a new authority in Libya, the chances of maintaining order are much greater. We are working towards that with the contact group and others, and it makes sense for NATO and the United Nations to plan for all eventualities when we see the back of Colonel Gaddafi, as we all hope will soon happen.

[Mark Lancaster (Milton Keynes North) (Con)]

I am sure the Secretary of State will join me in paying tribute to the work of the stabilisation unit on post-conflict security in Libya. Given the restrictions of the existing United Nations resolution, does he feel that a further UN resolution might be required to carry out that work?

[Dr Fox]

It will depend on the situation on the ground and how benign the environment is. At the moment we do not envisage the need for another UN resolution, and we believe that the orderly handover to the UN and a new Libyan authority should be possible without one. Of course, that is constantly kept under review by my right hon. Friend the Foreign Secretary.

Armed Forces Bill

Lord Lancaster of Kimbolton Excerpts

Thursday 16th June 2011 Commons Chamber

[Mr Robathan]

I pay tribute to Major-General McDowall. Although I do not know him, I am sure that he does a very good job. I have of course met Alex Neil, as the hon. Gentleman will know. There has indeed been correspondence. That will not be a surprise to him, as he was in the House on Tuesday when I read out half the letter, but there we go.

The House has agreed that the amendments bring clarity about the principles that the Secretary of State must take into account in preparing his report. I was particularly pleased that they were accepted in all parts of the Committee on Tuesday without a Division, and that they have also been welcomed outside Parliament. The result is clause 2, which establishes the annual report as a route towards achieving real benefits for armed forces personnel, former members of the armed forces and their families.

As hon. Members will know, the Bill has been used to amend the legislation governing the reserve forces. This is an important change, because it will allow us to call out reservists for service in the United Kingdom in a wider range of circumstances than is permitted at present. For instance, we discussed on Tuesday the recent floods following snowfalls in Cumbria, where reservists would have been ideally placed—particularly medical reservists to deliver blood supplies. We also discussed the forthcoming Olympics. There are a huge number of occasions where we currently do not have the power to call out reservists, even should they volunteer.

[Mark Lancaster (Milton Keynes North) (Con)]

Does my right hon. Friend agree that this is long overdue change, and that given the ongoing review of the reserve forces, it will make them much more relevant in years to come?

[Mr Robathan]

I do think it is overdue. It provides the opportunity to call people up in the same way that we can use the regular forces. It also fits in well with the reserve forces review, Future Reserves 2020, which we are undertaking to ensure that this country makes proper use of the reserves. The amendments that we made this week anticipate some of the changes that may be proposed in the review and that the study is likely to recommend when it is published later this year.

When we debated the amendments earlier this week, the hon. Member for West Dunbartonshire raised a point about the Reserve Forces (Safeguard of Employment) Act 1985. She rather threw me because I was not an expert on that Act, but I have now looked up the details, so I should like to take this opportunity to respond to her point. It concerned the Cabinet Office’s red tape challenge, which is a welcome initiative to look at legislation and identify where it is no longer required. One area of legislation to be reviewed relates to employment law. I gather that on the website, under the heading, “Managing Staff”, 127 pieces of legislation are listed for review. I congratulate her on having studied this website, or perhaps on having a very assiduous researcher who has done so for her. The list includes the 1985 Act, which appears at the top of the list only because that is how the list has been ordered, not because it is a particular target for rationalisation. Of course, we carry out reviews from time to time to ensure that our existing employment legislation is appropriate, and we will continue to do so. However, I can assure her that for the foreseeable future it is absolutely our intention that the protection that this Act provides for reservists and employers will continue to remain available.

Armed Forces Bill

Lord Lancaster of Kimbolton Excerpts

Tuesday 14th June 2011 Commons Chamber

[Gemma Doyle]

Unfortunately, the Secretary of State did not make that clear when asked about this matter. If he or the Minister could give the Committee a concrete commitment on the protection of employment for reservists today, that would be very welcome. It cannot be right for the Government to consider asking more of the men and women of our reserve forces while cutting the protection that they need in their place of work. Will the Minister make an unequivocal commitment not to scrap the vital protection provided by the Reserve Forces (Safeguard of Employment) Act 1985 or, if he believes that it has been superseded, will he clarify the position? We support the new clause, but the Government must be clear about retaining the support and protection that the reserve forces expect and deserve.

[Mark Lancaster (Milton Keynes North) (Con)]

I should like to speak briefly in support of new clause 12, but I must start by declaring my interest as a member of the reserve forces.

My understanding of the Reserve Forces Act 1996 is that it contains three separate sections under which a reservist may be mobilised: section 52, under which no one has been mobilised to date; section 54, which involves war fighting, and under which I was mobilised to Afghanistan; and section 56, to which the new clause relates directly, and under which I have previously been mobilised to Kosovo and Bosnia. I want to underline the points that the Under-Secretary of State for Defence, my right hon. Friend the Member for South Leicestershire (Mr Robathan) made in his opening remarks. It might seem odd that I am supporting a new clause that could result in my being mobilised even more often, but this amendment to the Act is long overdue.

Speaking from my experience as an explosive ordnance disposal operator, I want to add to the examples that the Committee has already been given. During 2003-04, under Operation Telic in Iraq, we found that as the threat from improvised explosive devices continued to grow, the call on our EOD operators also increased. The Committee might be aware that, here in the UK, we continue regularly to dig up world war two munitions. That constant threat is covered by a 24-hour operation known as Operation Midway, which is based in Wimbish, in Cambridgeshire.

The problem that we faced in 2004 was that, as the threat of IEDs grew in Iraq, our qualified bomb disposal officers were slowly being drawn out into theatre and we were struggling to cover the UK threat. Under section 56, members of the Territorial Army were mobilised to go and sit in Wimbish to cover the Operation Midway threat. It might surprise the Committee that most munitions are normally dug up on a Friday afternoon. They are invariably found on building sites, although probably not on a Friday afternoon. No one wants to interrupt the works, however, so the munitions magically seem to turn up on a Friday afternoon, which is an ideal time for the members of the Territorial Army who come in to play at weekends to deal with the munitions.

The terms of section 56 are clear. Subsection (1)(a) states that a reservist may be mobilised only

“on operations outside the United Kingdom for the protection of life or property”.

Clearly, the UK disposal of munitions under Operation Midway does not count in that regard. Subsection (1)(b) states that a reservist may be mobilised

“on operations anywhere in the world for the alleviation of distress or the preservation of life or property in time of disaster or apprehended disaster.”

Now the problem was that although that might cover UK operations at the time, was it fair to say that the potential digging up of a world war two munition in London was a potential disaster? It was very much a grey area. What tended to happen was that people were mobilised under section 56; they sat in Wimbish for a number of months and then, right at the end of their mobilisation, they would be deployed out to theatre in Iraq simply so they could be “covered” under the mobilisation. That was obviously nonsense, which is why I believe it is so important for the Government to introduce the new clause so that in such specialised situations—along with examples that the Minister provided—we can allow reservists’ actions to continue.

--- Later in debate ---

[Sandra Osborne (Ayr, Carrick and Cumnock) (Lab)]

Does the hon. Gentleman feel from his personal experience that if people are constantly going to be asked to serve, it could act as a disincentive to joining the reserve forces?

[Mark Lancaster]

I am making the point that we must be careful how we use these powers. The point I was coming on to was that an employer might have to give the job back to an employee who has been away on mobilised service, but he does not necessarily have to promote him. Who is going to be promoted—the person permanently at work or the person who comes and goes every two or three years? I support the extension of these powers, but I add the caveat that we must be very careful how we use them. We should not use them in a manner that could act as a disincentive along the lines that the hon. Member for Ayr, Carrick and Cumnock (Sandra Osborne) suggested.

[Christopher Pincher (Tamworth) (Con)]

My hon. Friend is quite right to say that we should be careful how we use these powers. Does he agree that we should also be careful how we communicate them to potential employers, so that they know exactly how the powers might be used and will not disadvantage people in the reserve forces?

[Mark Lancaster]

My hon. Friend makes a powerful point. I would like to commend both this Government and previous ones for the amount of support they have offered to SaBRE—the organisation that does so much to communicate with reservists’ employers.

My final point, on which I seek some reassurance from the Minister, is that the new clause will make no amendments to section 57 of the Reserve Forces Act 1996, which deals with the duration for which a member of the reserve forces can be mobilised. Although it is a fairly complicated clause, the basic point is that a member of the armed forces can be mobilised for a maximum of nine months beyond their enlistment. If I read it correctly, that means mobilisation could run for a period of three years and nine months. It is unlikely that that has ever happened—I know of no example of it happening—but given what the new clause is intended to do for localised UK operations that are likely to be short in their enduring operation, I would ask whether the Minister is happy about the absence of any amendment to section 57 of the Reserve Forces Act 1996.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

I, too, pay tribute to the work of the reserve forces. Some time ago I was in Iraq and I was pleasantly surprised to see that the commanding officer at Baghdad airport was a reservist. Much good work is done by the men and women of the reserve forces. No doubt there will be greater calls on their time in the future, bearing in mind the likelihood of an announcement in the coming week or two.

Subject to what the hon. Member for West Dunbartonshire (Gemma Doyle) said, I think the amending provisions are perfectly reasonable. Indeed, if we think of the Civil Contingencies Act 2004, they are perhaps overdue. Unfortunately, we in the United Kingdom are subject to increasing natural disasters, with which I am sure the men and women of the reserve forces are more than adequately equipped to deal. They may well prove a useful addition to the powers that we already have to deal with what are, unfortunately, frequently occurring natural events.

Subject to the points raised by the hon. Member for West Dunbartonshire, I think that the new clause and amendments are perfectly reasonable, and that the Government were right to table them.

--- Later in debate ---

[Gemma Doyle]

My hon. Friend makes a good point. My concern is about how that will happen. I do not believe that the mechanisms have been fully worked through. That is why I want to strengthen the report and the fields that will be included in it.

On new clause 13, the nation demands a great deal from its servicemen and women, as is often stated in the House. They are required to follow orders without question. They and their families are often separated for long periods. Frequent moves, often at short notice, can disrupt family life. Forces accommodation is sometimes remote, making it difficult for partners and children to mix with civilian communities. Service personnel are entitled to expect as normal a family life as their military obligations permit.

Through the implementation of the service personnel Command Paper, the Labour Government worked to ensure that servicemen and women were seen not as ordinary citizens, but as people deserving the very best in public services. However, public services have not and do not always take account of their particular needs, and the Government should work across Departments to ensure that their needs are always taken into account. Major General John Moore-Bick from the Armed Forces Pension Society said:

“There is a unique nature to what armed forces families go through. This is not special pleading. In the armed forces you are asked to do things nobody else in the public sector would be asked to do. It is only right that they should have a special status.”

Governments of all parties must be committed to giving due consideration to the needs of servicemen and women, their families and veterans when it comes to public service delivery, working hard to create a level playing field so that forces families suffer no disadvantage.

Armed forces advocates were established by the Labour Government to identify and resolve policy or legislative issues that might affect the service community. They advise on how public services can best meet the service community’s needs. At present there are a number of armed forces advocates from various Government Departments, including the Department for Work and Pensions, the Department of Health and the Treasury. This complements the work of organisations, associations and charities that offer advice and support to service personnel and their families.

The advocates network has worked well. New clause 13 would extend the existing network to ensure that all levels of government in the UK are represented and can therefore help to resolve the issues that may disadvantage our service community.

[Mark Lancaster]

What is the hon. Lady’s estimate of the cost of extending that body of advocates?

[Gemma Doyle]

I envisage that the advocates would be drawn from the staff already working in Departments, who are linked into the knowledge that exists and would be a useful point of contact for armed forces and their families interacting with those Departments and public bodies.

During the evidence sessions in Committee we heard time and again from charities that they wanted those with responsibility for the delivery of services to be involved in resolving issues, rather than the Secretary of State or a Minister directing from the centre. New clause 13 would ensure that those involved in service delivery at every level, including local government and NHS trusts, are aware of the special nature of service and of the need to tailor their services accordingly. We have talked a great deal about the need for accountability, and the new clause would ensure that accountability is enhanced by bringing into policy formulation and delivery those who are truly responsible for providing the service that people need.

Libya

Lord Lancaster of Kimbolton Excerpts

Tuesday 24th May 2011 Commons Chamber

[Nick Harvey]

I do not accept that we are at stalemate, as I believe recent events in Misrata have demonstrated. The situation is still dynamic and fluid and we have to respond to the situation on the ground by making tactical decisions. The consideration of whether we should use attack helicopters will be informed in no small part by the tactical call of those closest to it, who make the judgments about what we face.

[Mark Lancaster (Milton Keynes North) (Con)]

May I remind the House of my interest as a member of the military stabilisation support group? Will the Minister update the House on the post-conflict reconstruction planning and, crucially, does he believe that it will require a further UN resolution to implement it effectively?

[Nick Harvey]

We already have a stabilisation unit in Benghazi preparing the ground for the post-conflict situation. We would expect the UN to play the leading role in co-ordinating that and there might well be an appetite for EU involvement, too. We are laying the ground as best we can but we are taking these things a stage at a time. The overriding priority at the moment remains preventing Gaddafi and his regime from attacking civilians in Libya.

Oral Answers to Questions

Lord Lancaster of Kimbolton Excerpts

Monday 14th March 2011 Commons Chamber

[Dr Fox]

It gives me great pleasure to be able to commend the people of Plymouth for the great commitment they have made over many years. We will have announcements to make in the very near future on some of the issues the hon. Lady mentions, and I will ensure she is made aware of them before we make them available to others.

[Mark Lancaster (Milton Keynes North) (Con)]

Given the unique relationship between the sovereign and members of the armed forces, will the Secretary of State update the House on what his Department intends to do to commemorate next year’s diamond jubilee?

[Dr Fox]

The Government will cross-departmentally set out their proposals on the diamond jubilee in the near future. The House will be informed in the usual way.

Armed Forces (Redundancies)

Lord Lancaster of Kimbolton Excerpts

Wednesday 2nd March 2011 Commons Chamber

[Dr Fox]

At the risk of repeating and repeating myself, I say that the hon. Gentleman makes the point well about the basing review. It will report when we have decided on the best balance across the United Kingdom for the wider interests of UK defence.

[Mark Lancaster (Milton Keynes North) (Con)]

What impact will the reviews have on the current terms of reference for the review of the reserves?

[Dr Fox]

The review of reserves continues, looking at the financial and capability implications and the wider footprint. It is not directly affected by the results, but on implementation, we would of course have to take into account the shape of the armed forces resulting from the SDSR decisions.

Military Covenant

Lord Lancaster of Kimbolton Excerpts

Wednesday 16th February 2011 Commons Chamber

[Mark Lancaster (Milton Keynes North) (Con)]

It is an absolute pleasure to follow the hon. Member for Bolton North East (Mr Crausby), who has been an excellent member of the Defence Committee for several years. The moving story of his father reminded me of a T-shirt that we had printed when I commanded a bomb disposal squadron. On the front it said, “I’m a bomb disposal officer,” and on the back it said, “If you see me running, try to keep up.”

I start, of course, by declaring my interest as a serving member of the armed forces. It was an honour to serve in Bosnia and Kosovo, and I am grateful to the previous Government for allowing me to serve in Afghanistan in 2006. I wish to make it clear that any limited experience that I have pales into insignificance compared with that of those who are serving in Afghanistan today.

Much of the debate has been about whether the Government should enshrine the military covenant in law, or whether there should be a report on the military covenant by law. I am not a lawyer and, to be honest, I do not know about that. As a member of the armed forces and like fellow members of the armed forces, I do not really care. What is important to me is not whether we enshrine it in law. That is a process point which demonstrates how out of touch the House of Commons is with our armed forces. What is important to me is that this and future Governments are judged by what is achieved—by the output of the military covenant. I reserve the right in future years to come back and give my assessment on this Government and future Governments when we have reports on the military covenant in this place.

We have talked a lot about morale in the armed forces, and I will pinpoint one moment. I was excited in 2006 when the previous Government introduced the operational allowance, and I pay tribute to them for that. I received it, and for the record, I donated it to the Royal British Legion because I thought that was the right thing to do as a Member of Parliament. However, I also remember the horror when we discovered that, at the same time, the longer service separation allowance had been cut by almost exactly the same amount. There was a great fanfare by Tony Blair about the introduction of the operational allowance, and yet the cut to the longer service separation allowance was made quietly. Although I fully support this Government’s doubling of the operational allowance, I give the caveat that members of our armed forces will be looking carefully at their payslips in future, such is the cynicism of many of them. We must be very careful on that point.

Another example is the introduction of the new payment system, the computerised joint personnel administration system. It had many gremlins, but such is the way with computer systems. One of the biggest problems with that system, which really upset members of the armed forces, related to the allowances. If somebody went from A to B, rather than being told what their allowances were, they had to go and find out. It was a pool system and people were not notified of what their allowances were. Like many of the benefits that were introduced, people were not automatically entitled to them. That needs to change.

The air bridge was mentioned in the opening remarks of the debate. I experienced the problems of the air bridge in 2006: being woken up five hours before the flight; getting stuck in Cyprus; not being able to ring home to tell the family that one would be late; finally getting back two days later; missing some leave; and having one’s rifle sent to Aldershot, one’s bag sent home and one’s other kit sent elsewhere. I raised those concerns in the Chamber and there has been some improvement, but there are still major problems. I welcome the Government’s move to ensure that any leave that one misses as a result of those problems is added to the end of one’s post-tour leave. Some say that should happen in that two-week period, but that is impractical. It would be simply impossible for a commanding officer in Afghanistan to man his various companies without knowing when soldiers may return.

Finally, I want to say a few words about the reserves. As a reservist, I was delighted that the Secretary of State mentioned the reserves in his opening remarks. There was deep concern back in 2009 when, as reservists, we were told out of the blue that there would be no more training for six months because of mid-year savings. That decision was wrong, so I was delighted that the then Government saw the error of their ways and corrected it. However, that decision should never have been taken. If we are to promote a one-Army concept, we cannot treat the reserves as second-class citizens. I would like a reassurance that such silly measures, which target the Territorial Army and undermine the one-Army concept, will not be introduced again.

The Government’s move to recognise the military covenant in a Bill for the first time is to be welcomed. We can argue about the semantics, but as I said at the start of my speech, I and many other members of the armed forces will judge this and successive Governments not on the detail, but on what is achieved.

Armed Forces Bill

Lord Lancaster of Kimbolton Excerpts

Monday 10th January 2011 Commons Chamber

[Dr Fox]

It is clear that the Government intend such a report to include health care, housing and education. However, my right hon. and learned Friend will not be surprised to hear that I would happily be tempted into other areas within the discretion that the Bill allows. That is an absolute minimum. The country would expect us to look at wider and interrelated issues, if we are to offer the degree of scrutiny that the House and the country would want on this subject.

Clause 2 provides for what the Secretary of State must cover in his report, and as my right hon. and learned Friend said, effects on health care, education and housing will normally be addressed in it. There are perennial issues that I believe will always be important to the service and ex-service community, and those are among the foremost. Other issues will emerge at the time, so the Bill provides for flexibility, and I will want to consider other issues as they emerge.

There is also the question about who is covered in the Bill. The Bill refers to a broad span of people. The total number of serving and former personnel and their families is about 10 million—one in six of the population of this country. For ex-service personnel, the Bill specifies an interest in those who are resident in the UK. Again, that does not prevent a Secretary of State from covering relevant issues for those who live abroad, although many aspects of their lives would be matters for their own Governments.

The Bill—rightly in the Government’s view—says little about how the annual report will be prepared, but as I said in response to the right hon. Member for Coventry North East (Mr Ainsworth), we intend to consult widely and to ensure that there is rigour and independence in the information that is ultimately put before the House through the Secretary of State’s report. My intention, as Defence Secretary, will therefore be to consult widely with interested parties, inside and outside Government, in preparing a report. Charities and devolved Administrations will have much to contribute, as too, no doubt, will Members of the House of Commons.

I also believe, however, that the report will evolve over time. We are breaking new ground, and we will learn from experience, listen to comments and move forward together in a positive way. I am clear that that is the right way to proceed, rather than making the legislation excessively prescriptive.

The Bill also contains a group of clauses that will further buttress the independence and effectiveness of service police investigations. I am delighted that shortly before Christmas the High Court gave a strong endorsement of the ability of the service police to investigate, under the Armed Forces Act 2006, the most serious allegations. Nevertheless, we want to be sure that the independence and effectiveness of service police investigations have all the safeguards we can reasonably provide.

The first clause in the group places on each of the three provost marshals—the heads of the service police forces—a duty to ensure that service police investigations are carried out free from improper interference. The second clause provides for the service police to be inspected by Her Majesty’s inspectorate of constabulary. The inspectorate has previously inspected the service police on a voluntary basis, but the clause places an obligation on it to carry out inspections of the service police and lay its reports before Parliament. The third clause provides that the three provost marshals will in future be appointed to their positions by Her Majesty the Queen. Once again, that recognises and reinforces their independence from the service chains of command when carrying out investigations. In making these changes, we seek to ensure that the service police will continue to carry out to the highest standards their role as a part of the armed forces but one that is independent of the main chains of command, and I believe that the provisions in the Bill will do just that.

[Mark Lancaster (Milton Keynes North) (Con)]

Given the harmonisation of military law across the three services, does the Secretary of State feel that perhaps the time has come to be bolder? Why do we still need three separate police forces within the armed forces? Why can we not have one military police force, given that all these forces now undertake training together?

[Dr Fox]

I know that this issue was examined by the previous Government, as it has been by this Government. The view that has been taken is that because there are differences between the three services this approach is culturally the best way to go about things. If my hon. Friend has very strong views on this, I am sure that he will be willing to bring them to the House, perhaps in the form of an amendment, during the passage of the Bill. That would give us a chance to debate the merits and demerits of this approach further. There are undoubtedly arguments on both sides and the Government have just decided that, out of due respect for the differences between the services, this was the best way for us to continue to proceed.

Other provisions in the Bill introduce a new regime under which service personnel commit an offence if they exceed an alcohol limit while carrying out certain duties. The limits and duties will be prescribed in regulations subject to the affirmative resolution of both Houses. The Bill also contains provisions allowing commanding officers the flexibility to test on a case-by-case basis in two circumstances. One is where they have reasonable cause to believe that a service person’s ability to carry out a prescribed duty is impaired due to drugs or alcohol. The other is where they have reasonable cause to believe that such a person is in breach of a limit on alcohol specified in regulations in relation to particular duties.

The main reason behind those changes is to increase safety and to act as a deterrent, and I wish to explain to the House why that is. When Parliament approved the Railways and Transport Safety Act 2003 and regulations were made under it, the provisions were not extended to the services because they were considered to be too restrictive, given that so many service personnel are engaged in potentially dangerous activities in the course of their employment. That exemption had wide cross-party support at the time. Against that background, the then Government gave an undertaking that a bespoke scheme would be created for the armed forces. Policy development was too immature for proposals to be included in the last Armed Forces Bill and progress had since stalled due to a lack of a legislative vehicle, so I am pleased that such a scheme is included in this Bill. The provisions in this group are important, because they are aimed at creating a safer environment when service personnel are carrying out safety-critical tasks in the course of their employment, both generally and when on operations. Rather than limiting commanding officers to acting after an incident has taken place, as happens at present, the changes in the Bill will allow commanding officers also to act earlier in the future. One of the concerns that I expressed during the passage of the previous Bill was that it might reduce the freedom and discretion of commanding officers. A number of changes in this Bill go to redress that in some way.

--- Later in debate ---

[Mark Lancaster (Milton Keynes North) (Con)]

It is an honour and a privilege to contribute to the debate. I begin by declaring my interest as a member of Her Majesty’s armed forces and as a serving commissioned officer in the Territorial Army.

It is fascinating to consider the history of why we are discussing this matter today as it dates back to the 1688 Bill of Rights, under which it is effectively against the law to have a standing army without the consent of Parliament. Given that history, it is a particular honour to speak on the matter today. However, it is also an honour to do so as a member of the armed forces affected by this Bill. However, because it sits uncomfortably with some that members of the regular armed forces are not allowed to sit as Members of Parliament while members of the reserved forces are, it is not an honour I intend to abuse today.

My experience has shown that members of the armed forces are very interested in politics, but they are not interested in party politics. When I wear a uniform, I always pride myself on being strictly apolitical and I intend to continue that today. Perhaps the test of my speech will be that, when read, it will seem as though it could have been spoken by a Government or Opposition Member.

I welcome the Bill because, as the Secretary of State said, it is in many ways a tribute to the previous Government for the manner in which they put the Armed Forces Act 2006 through Parliament. The fact that the Bill is mainly a tidying-up measure is testament to that, although clause 2 on the military covenant—I will come to that later—is very important. I therefore give credit to the previous Government.

There are, however, a few anomalies even though the 2006 Act attempted to tidy them up. In particular, there is the matter of military law being applied across the three services. I said that I am a Member of Parliament who is also a serving member of the armed forces and, to my knowledge, three other hon. Members also serve in the reserve forces. It may be of interest to the House that, as I stand here today, I am subject to military law as a commissioned officer in the Territorial Army. However, one of our colleagues, who merely through rank is not a commissioned officer, is not subject to military law as a serving Member of Parliament. That is an anomaly. All four of us have been mobilised and have been on operational service, and we all become subject to military law when that happens. It might seem a minor point but whether someone is subject to military law when they go to and from training in the Territorial Army is relevant.

I shall give another simple example of an anomaly before I get into the detail of the Bill. Over recent weeks, there have been calls in the House that, as part of the military covenant, we should have some form of medal to allow members of the armed forces to show that they are in the armed forces. The Veterans Minister, the Under-Secretary of State for Defence, the right hon. Member for South Leicestershire (Mr Robathan) has said that that should be subject to review. I do not think it should be subject to review; I simply do not think it should happen. If hon. Members want to argue that point, I am happy to debate the matter. My case is fairly typical in that have completed three operational tours and have been awarded three medals over 23 years. In addition, I have a Queen’s golden jubilee medal, which was effectively given to me for being a member of the armed forces, and a long-service and good conduct medal—or the Territorial decoration as it was called then.

My point is that such medals are awarded simply for serving in the armed forces and I am not convinced that giving people more medals simply for being a part of the armed forces is necessarily a good thing. However, it is an anomaly that, in the Territorial Army, both officers and soldiers can get what is now the volunteer reserves service medal while, in the regular Army, only soldiers are allowed to get a long-service and good conduct medal. It seems that officers do not receive that medal simply because their good conduct is taken for granted. That is another anomaly in which the House might be interested.

[Chris Bryant]

I pay tribute to the non-partisan way in which the hon. Gentleman is advancing his arguments. I have no medals—the closest I ever got was a Blue Peter badge. He is referring to the anomalies. An anomalous situation for many armed forces families is because those who are killed in action all come into the UK through one of two different airfields, there have often been very long waits for a proper post-mortem. That was one of the problems we tried to rectify through the creation of the post of chief coroner. Previously, families had to wait a very long time before they could have closure in relation to the death of their loved one. Does he agree that the Government are wrong to be abolishing that post and that it would be better for armed forces families if we were to keep it?

[Mark Lancaster]

I would have to consider that matter in detail. I suggest to the hon. Gentleman that perhaps he should volunteer to sit on the Committee—I certainly will do so—and we can then explore the issue in greater detail. That is probably a sensible way forward, and it will be interesting to see whether he volunteers to do that.

Clause 2 deals with the military covenant and that matter has already been mentioned in the debate. The Royal British Legion—I am proud to be vice-president of the Olney branch—has raised concerns, and the Secretary of State has promised to consider them and, indeed, deal with them. It is perfectly reasonable to expect the role of the external reference group to continue in some form or another. That is something else I expect we can explore in Committee.

We have talked mainly about the three principal areas of health care, education and housing. In the previous Parliament, I was proud to serve on the Select Committee on Defence under the chairmanship of my right hon. Friend the Member for North East Hampshire (Mr Arbuthnot), when we looked at the issue of the education of service families. I am delighted that the Government have introduced some of our recommendations and we should continue to consider that matter. I am pleased that an annual report will be presented to Parliament. [Interruption.] When I referred to the Government, the former Veterans Minister, the hon. Member for North Durham (Mr Jones), said from a sedentary position that it was the previous Government. I am actually being apolitical and mean the government of the land.

There has been some concern that perhaps the Government’s commitment to the military covenant does not go far enough and that the relationship between the armed forces and the Government should be enshrined in black and white. My personal feeling is that it is not important what is in black and white for the lawyers to argue over; what is important is how the covenant has been interpreted by successive Governments. I shall give one example. After the introduction of joint personnel administration—the new payment computer system in the Army—there has been a problem with some junior ranks in the British Army being effectively overpaid for a number of months. That has amounted to a sizeable sum for some individuals. I do not think any fair-minded person would suggest that that money should not be paid back; it is an overpayment and we would all expect to pay it back. However, the true test of the covenant is how the money is paid back. It should not have to be paid back in a single lump sum in one pay cheque; those concerned should be allowed to pay the money back over time. That is just one example of how the application of the covenant, and not what appears in black and white, is important.

To be honest, soldiers are quite cynical about government. They feel that any covenant would always be interpreted in the Government’s favour. I hope that the Opposition will take that point in the spirit it is intended because it is simply an objective statement of fact.

[Mr Kevan Jones (North Durham) (Lab)]

Does the hon. Gentleman therefore agree that what is being put forward today is rather disappointing, especially in the light of the Green Paper that I produced in 2009, which set out not only what we had done in terms of the Command Paper, but how we could make what it referred to legally enforceable? Does he share my disappointment that the work and the response to that have not been brought forward in the Bill, so that the things put in place in the armed forces Command Paper would be legally enforceable?

[Mark Lancaster]

I do not, because the real test will be in the implementation. I have confidence that the Government will implement and uphold their end of the bargain, so I am afraid that I cannot agree with the hon. Gentleman. However, the proof of the pudding will be in the eating and only time will tell. Perhaps we can consider the matter again in one of our annual debates on the military covenant.

I was going to give one example of where soldiers are perhaps right to be slightly cynical. I fully supported the previous Government’s introduction of the operational allowance in October 2006. That was a good move, and it introduced a tax-free allowance of £2,240. However, it is worth remembering—I wish to make it clear that I think that this was more by cock-up than conspiracy—that at the same time the Government also cut the long-service separation allowance, meaning that a soldier on a six-month tour in Afghanistan lost £2,341. The Government gave with one hand and took away with the other, within the space of a month. When such moves happen, one can see why any soldier is entitled to be cynical of any Government. It is therefore very important that we see, over time, how the military covenant is improved.

As I said from the Opposition Benches shortly after I got back from my operational tour in Afghanistan, there has been a major improvement in personal kit over the past few years. I felt that when I was mobilised in 2006, the standard of personal kit that I was given then was far better than the kit I was given when I was mobilised in 1999 or 2001—so, once again, credit to the previous Government for that improvement, which I should like to continue under this Government in future years.

My other general point about the military covenant concerns rest and recuperation. I had personal experience of the problems of R and R on coming back from Afghanistan in 2006. Although I do not want to go into the details of the matter again—it was the subject of debate in this House for some time—I would like some reassurance from the Minister that the problems with the air bridge have been addressed. Clearly, we will always have trouble when we have to rely on airframes that are very old, but I have heard reports that unfortunately the problems experienced in 2006 are beginning to happen again. There have been calls for us to guarantee the two-week R and R period for soldiers in the middle of an operational tour. I do not support that for simple operational reasons. If a soldier were to lose a day at the beginning of his leave, a guarantee that he could come back from it a day later would make the whole manning plot for the commanding officer in theatre almost impossible. However, I would support a guarantee that if any R and R days are lost during an operational tour, they should be added to the post-tour leave. That is perfectly reasonable.

I was slightly disappointed that neither Front Bencher chose to mention the reserve forces. That is an oversight that I should like to correct, especially given that some 15% of soldiers mobilised on operations are from the reserve forces. Members of the reserve forces face some very specific problems when they are mobilised. Any mobilisation process starts at the reserves training and mobilisation centre in Chilwell. If I am lucky enough to be selected to serve on the Bill Committee, I would like to suggest that we visit that facility, which plays a very valuable role. Having been through it on three occasions, I must say that the standard of service that it provides in preparing reservists for mobilisation has improved significantly over recent years.

However, there can be major problems when a reservist returns home. Because, in general, they are mobilised as individual replacements, they lack the support that a regular soldier, sailor or airman has in coming back with a formed unit. I can give an example of a very unfortunate case from my own unit when a colour sergeant came back from mobilised service in Afghanistan. Because we are a specialist unit that does not meet for drill nights, there is no regular contact every Tuesday night where we can monitor colleagues who have recently returned, and we did not see much of him until one weekend when he was clearly not well. The effects of service in Afghanistan had clearly had a significant impact on him. I regret to say that that ended up with an incident in which he attempted to shoot a colleague with a weapon that he had brought back from Afghanistan, and he is now in prison. It was an awful incident. One wonders whether the same thing would have happened had that individual been serving with a regular unit and received the same levels of support that a regular soldier would have had.

[Dan Byles]

I entirely endorse my hon. Friend’s concern about soldiers who come back not as part of formed units. Does he agree that that points to a wider issue with the military covenant, whereby it is not simply a covenant between the Government and our armed forces but between the nation and our armed forces? Although there is talk of putting the Government’s side of this bargain into law, the issue is also about an attitude in our nation as a whole. For example, many of our public sector bodies have policies whereby members of staff can have up to 14 days off work to be a school governor or to undertake trade union activity, yet many of those organisations, particularly NHS trusts, do not give similar time off to members of the reserve forces.

[Mark Lancaster]

That is a very valuable point. I was fortunate in that before I entered this House I worked for a family fireworks company, so I had no problem getting time off—certainly for six months of the year, anyway. My experience is that many employers are very good about allowing members of the reserve forces extra time off. However, the issue is certainly something that we should consider, perhaps when we debate this matter annually.

Hon. Members have already referred to welfare for the families of regular forces—that is very important, and we should and must do more—but the families of reservists have particular problems because they tend not to live on a specific base. For any one specialist TA unit, those families can be spread across the land. We must do more to try to ensure that they have access to the same kinds of facilities as families of regular servicemen so that they get the support that they, too, vitally need.

I want to deal with one more matter—the military police, as covered in clauses 3 to 6. People say that a little knowledge is a dangerous thing. I have to confess that for a period of 18 months I was the second-in-command of 253 Provost Company Royal Military Police (Volunteers), based in Balham, south London. Given what I am about to say, I am not sure that the RMP’s Provost Marshal will be very pleased that I had that experience. As I suggested to the Secretary of State earlier, the time has perhaps come when we should be thinking the unthinkable, and I encourage him to have a single police service for the armed forces. The three military police services already train together as a single organisation, going through one training school. The whole point of the 2006 Act was to harmonise much of military law. I see distinct advantages to this at a time when we are attempting to try to find savings within the Ministry of Defence, as having a single police service would save the costs involved in two Provost Marshal posts and all their connected staffs. The remaining Provost Marshal would then answer to the Chief of the Defence Staff instead of to the individual service chiefs, and he could be appointed by competition rather than by simple rotation.

In reality, the Royal Air Force and the Royal Navy have had little exposure to complex investigations into operational deaths because of the nature of operational service, which tends to be Army-based. Combining the special investigation branches would not only make savings on manpower, which is vital in terms of meeting the harmony guidelines of the Royal Military Police, who are particularly affected and overstretched, but encourage the maintenance of high standards through mutual understanding and experience. Currently, Her Majesty’s inspectorate of constabulary inspects the Royal Military Police but does not inspect the other two branches of the armed forces, and that situation might be improved by bringing the three branches together. I was invited by the Secretary of State to table amendments in Committee if I am selected to sit on it and. I think that we should explore this angle. It will be interesting to see what the cultural differences to which the Secretary of State referred are in reality.

I am delighted to support the Bill this evening and will vote for it if there is a Division. I look forward to the Committee stage.

Oral Answers to Questions

Lord Lancaster of Kimbolton Excerpts

Monday 13th December 2010 Commons Chamber

[Claire Perry (Devizes) (Con)]

11. What arrangements are in place to monitor the progress of his Department’s major equipment procurement programmes.

[Mark Lancaster (Milton Keynes North) (Con)]

14. What arrangements are in place to monitor the progress of his Department’s major equipment procurement programmes.

[The Parliamentary Under-Secretary of State for Defence (Peter Luff)]

I receive monthly reports and quarterly detailed project health checks on the Ministry of Defence’s largest projects. Last year, discounting deliberate policy decisions made by the previous Government, the MOD met all its targets to deliver its major projects to cost, time and performance. This year looks equally encouraging. The top 30 major projects are also reviewed annually by the National Audit Office and in this year’s report the Comptroller and Auditor General said:

“In-year performance on the majority of large defence projects which we examined has been encouraging".

But we should not wait for the NAO to tell us how we are doing at the end of the year. That is why I can announce to the House today that the Secretary of State and I are forming a major projects performance board that will review our most significant projects regularly.

--- Later in debate ---

[Mr Speaker]

We are most grateful.

[Mark Lancaster]

Historically, one of the fundamental problems with procurement has been a disconnect between Ministers, civil servants, uniformed personnel and the defence industry. How do we intend to address that problem in the future?

[Peter Luff]

My hon. Friend is absolutely right. We talk of a conspiracy of optimism in these major projects that has so often characterised procurement decisions in the past. The list I rattled through in answer to my hon. Friend the Member for Devizes (Claire Perry) partly addresses the concerns of my hon. Friend the Member for Milton Keynes North (Mark Lancaster). I am sorry that I said it so fast, but it was important to get it on the record. If I do not deliver on that, I think my job will be on the line.

Oral Answers to Questions

Lord Lancaster of Kimbolton Excerpts

Monday 8th November 2010 Commons Chamber

[Dr Fox]

I am extremely aware of the dependence of a large part of the economy on the MOD’s budget. Precisely because we are so aware of that, we will produce a consultation document in the near future, which will look at the supply chain as it relates to the MOD and its budget. The Government’s aim is that small and medium-sized enterprises are given every opportunity to help us to shape the regulatory framework and the skills base required so that we can ensure that they are given every possible help to remain in business.

[Mark Lancaster (Milton Keynes North) (Con)]

From 13 December Camelot intends to change its rules, which will prevent many members of our armed forces who are serving overseas from playing the national lottery. It is a simple pleasure, and as they remain UK taxpayers, will the Secretary of State look into the matter and attempt to persuade Camelot to change its mind?

[Mr Robathan]

This is news to us. I assure my hon. and gallant Friend that I will certainly look into it and let him have a proper answer when I have done so.