Rifleman Lee Bagley: MOD Duty of Care

Debate between Jim Shannon and Adrian Bailey

Wednesday 25th January 2017 Commons Chamber

[Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)]

I have secured this debate following the experience of one of my constituent’s, former rifleman Lee Bagley, of No. 5 Platoon, B Company of the 2nd Battalion the Rifles. Former rifleman Lee Bagley had his right leg amputated below the knee in September 2012 following an incident that took place on the night of 24-25 February 2010. His experience during the 31 months between the date of incident and the amputation highlights issues of duty of care, which he and I believe need to be examined, and lessons that need to be learned to ensure that no serviceman has to go through the experience that he has had to endure.

Rifleman Lee Bagley returned from a tour of Afghanistan towards the end of 2009 and subsequently underwent further training in Northern Ireland. On 24 February 2010, the platoon was accommodated by the infantry school at Brecon to rendezvous with platoon commanders before flying to Belize at 5pm on 25 February 2010 to undergo jungle training.

On the afternoon of 24 February, the commander ordered the platoon to attend a night out in Brecon town as a reward for having completed an intensive training package in preparation for the forthcoming exercise and to benefit from some team bonding, particularly for those new members of the platoon who had just completed a strenuous tour in Afghanistan.

On the morning of 25 February, at approximately 2am, the platoon was leaving a bar and getting into taxis to head back to Dering Lines, the local barracks, when one of the platoon members was seriously assaulted by 10 to 12 civilian personnel. Along with fellow members of the platoon, Lee Bagley rushed to the aid of his colleague and was also assaulted. A number of the attackers jumped on Lee’s leg. The original victim of the assault went immediately to accident and emergency, but Lee returned to his camp. He did not receive any immediate medical treatment and it was only later that day that he started to complain about the pain and swelling in his leg to his platoon commander who took him to accident and emergency en route to visiting his colleague who was already in hospital.

The platoon subsequently flew out without Lee. Lee was then flown to Ballykinler barracks in Northern Ireland where he had to visit the hospital in Downpatrick as requested by the chief medical officer at the camp.

From 25 February 2010 to 27 October 2010, Lee received physiotherapy in Northern Ireland, but failed to make any progress. He attended the rehabilitation unit at Aldergrove on 20 July and received an MRI scan on 22 July.

[Jim Shannon (Strangford) (DUP)]

I have requested permission to participate in this debate. Does the hon. Gentleman agree that a duty of care, as exemplified in this case, also exists for those who fought under Operation Banner in Northern Ireland? Some 30,000 British soldiers were deployed and 1,442 died in combat. Does he think that the Ministry of Defence needs to show greater awareness of its duty of care in future with regard to operations in which British soldiers are placed in uncompromising situations to offer assistance, whether that care is legal, physical or emotional?

[Mr Bailey]

I thank the hon. Gentleman for his intervention. I think that my subsequent remarks will make it clear that I agree with the thrust of his comments.

The British Army website states:

“All wounded, injured and sick soldiers will be assigned a Personnel Recovery Officer (PRO) either from their unit or through the Personnel Recovery Units for more serious injuries.

Their role is to assist the soldier in their recovery by co-ordinating all the support needed from agencies such as the Ministry of Defence, Army Primary Healthcare Services, Service Personnel Veterans Agency, housing contacts, and specialist charities.

The PRO will visit the soldier if they are on recovery duty at home, or arrange an appointment with them at the Personnel Recovery Unit at regular intervals to monitor their progress and update their Individual Recovery Plan as well as their records on the Wounded Injured and Sick Management Information System.

The frequency of visits will depend on the needs of the individual, but at a minimum soldiers will be visited once every 14 days, with their recovery plan and needs accessed every 28 days.”

After a couple of months’ treatment, it should have been obvious that Lee Bagley’s injuries required the assignment of a PRO, but that did not happen.

On 27 October 2010, Lee Bagley was sent home on sick leave for the next five months. He was, in his words,

“sofa surfing with his mom or partner’s family at their homes”

in the Black country. During that time he had great difficulty accessing information on his future treatment. Some of his telephone calls to his unit in Northern Ireland went unanswered, and when he did get though he was told that he would be informed in due course. After three months, he was asked to return to Northern Ireland for 24 hours, because his sick-at-home grading was due to expire. He then returned home.

When Lee Bagley eventually obtained an appointment for 4 February 2011 at the Defence Medical Rehabilitation Centre at Headley Court in Surrey, he did not receive the correspondence, so he missed it. He eventually had a revised appointment on 25 February. From 27 October 2010 to 25 February 2011, he was at home waiting for that appointment. That raises a significant issue. Lee Bagley had complex injuries that were not obviously responding to treatment. Why was he sent home without access to specialist support for that length of time? Every day in the national health service, we hear tales of people who are unable to leave hospital because of inadequate intermediary care, but here we have an example of a soldier who was sent home without a fixed abode and with no access to the specialist support that his condition warranted.

That appears to be in complete contravention of the advice given in the Army General Administrative Instruction volume 3, chapter 99, Command And Care Of Wounded Injured And Sick Personnel, section 99.111a, which states:

“Soldier at Home or Resident Address. The first recovery visit must be completed by the end of Day 7. No more than 14 days may elapse between subsequent visits.”

Again, this clearly did not take place.

The Army website outlines what needs to be done for soldiers with long-term injuries:

“Soldiers who are likely to need more than 56 days to recover will be graded as Temporarily Non-Effective (TNE). At this point units can also apply for the soldier to be transferred to a Personnel Recovery Unit (PRU), where the soldier can receive dedicated recovery support rather than remaining on their home unit’s strength.”

Surely he should have been classed as TNE by 27 October and an application should have been made for transfer to a PRU. That did not happen until 14 November 2011, the following year, when he was assigned to the PRU at 143 Brigade in Telford.

Lee Bagley eventually had his amputation on 28 September 2012, nearly a year later. He subsequently had one month at Tidworth House, and then further admissions at Headley Court. He was discharged from the Army in 2014 after a year of complex trauma admissions and prosthetic care. I must make it clear that his criticisms of his treatment do not extend to the period after 14 November 2011, when he was allocated to the PRU, and his subsequent discharge; he has nothing but praise for the exercise of the duty of care that he received once he had been admitted to the PRU. However, he does feel—this seems to be backed up by the evidence—that for six months he was a forgotten man.

This is someone who was injured coming to the rescue of a comrade who had been severely assaulted. If it had happened in theatre, he would have been praised and possibly given a formal commendation. Instead, he went back to his barracks and received no attention at all, until it became obvious that he needed to go to hospital. Subsequently, it took almost a year, both in hospital in Northern Ireland and then at home on sick leave, before he was admitted to Headley Court in Surrey. It was then another six months before he was admitted to the personnel recovery unit.

It seems unbelievable that there was such a delay for injuries that were serious enough ultimately to justify amputation. Whether the delays in admission to the PRU contributed to the amputation is a matter of clinical judgment. Even if it did not, any soldier going through that experience is entitled to believe that the Army would exercise its duty of care with the utmost professionalism and diligence, and that everything possible would be done to prevent the loss of his limb. Lee Bagley’s experience from 27 October 2010 to 14 November 2011 has left him with severe doubts that that is so.

Lee Bagley is entitled to know: why he was not appointed a personnel recovery officer earlier in his treatment programme; why he was sent home without any support; why he found it so difficult to obtain information while at home; why he did not receive the dedicated personnel support that he was entitled to; and why it took so long for the duty of care to be transferred to the PRU. He deserves answers to those questions.

I am sure that everyone recognises that our young people who join the armed services, exposing themselves to danger in order to protect us, deserve and have the right to expect the best possible medical care, whether in theatre or in other circumstances.

Every soldier injured, whether in battle or on other duties, should be able to have confidence that the medical response will be exercised with the utmost professionalism and diligence, and that everything possible will be done to secure recovery. That is why I have secured an Adjournment debate. Our soldiers have the right to expect the best possible care in any circumstance. I do not want the experience Lee Bagley has endured to be repeated for anyone else.

The Army has a huge volume of regulations covering the processes designed to deliver the best possible medical support, but somehow, despite all the regulations and guidance, Lee Bagley failed to get the support he needed. He and I hope that raising these issues on the Floor of the House will ensure that, in future, these regulations are implemented in a way that can be recognised by the patient and that secures the confidence of the public.

Engineering Skills: Design and Technology Education

Debate between Jim Shannon and Adrian Bailey

Tuesday 15th March 2016 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate. I thank the hon. Member for Chippenham (Michelle Donelan) for setting the scene so well on a subject that is of interest to us all. It is nice to see the Minister here, too. I look forward to his contribution. I also look forward to the speech of the shadow Minister. He and I celebrated Leicester City’s win against Newcastle last night as we march on to premier league success, so we have more reasons for smiling this morning than we normally do. As a Leicester City supporter of some 46 years, I must say that we have been through hard times, so it is good to enjoy the good times, too. I digress; we are here to discuss an important issue.

I have spoken on this issue many times in the House, and I have tabled questions and early-day motions. The need for MPs—and Members of the Northern Ireland Assembly, as it is a devolved matter—to push for engineering skills and design and technology education has never been more important. When I first became a Member of Parliament in 2010, our unemployment rate was 5.4%; it is now down to 3.9%. To give credit where it is due, that is due to the Government’s economic policy and to our Ministers in the Northern Ireland Assembly, who have collectively encouraged job creation. In proportion to our size, job creation in Northern Ireland has matched job creation in south-east England.

Job creation in Northern Ireland is important, but we need a skilled workforce and young people coming through to take advantage of the many good jobs that have been created. The country needs to look to the future and produce a workforce that will allow the jobs of the future to come to the United Kingdom of Great Britain and Northern Ireland and be part of a resurging manufacturing sector in the high-skilled economy that we are trying to create. We in Northern Ireland are keen to benefit from that, and we have seen some benefits. We have seen economic growth in the Province, with more jobs than ever, but the jobs that have come have too often not offered the quality career that aspiring young people want and need. The jobs of the future will be located in the STEM sectors of our economy, which can make a real contribution towards establishing a more balanced economy across the whole country and producing a more sustainable economy in a volatile global market.

We have to respond to the market. Of course, many people would say that the market is uncertain, as the Chancellor seems to be indicating—we will probably know more about that after tomorrow’s Budget—which raises concern for the future. One reason why our economy was exposed during the recession was the lack of manufacturing jobs. We need to focus more on manufacturing. We cannot let all the manufacturing jobs go outside the United Kingdom. We cannot let other countries take advantage of lower workforce costs. We have to retain as much of our manufacturing base as we can.

When we talk about manufacturing jobs, of course, we have to take account of the fact that manufacturing is part of a global market, and it is near impossible to bring production line manufacturing jobs back to the United Kingdom. Simply, nations across the globe are undercutting us to such an extent that we would have to abolish the minimum wage even to try to compete, and we are not going to do that. We are going in the opposition direction, and the Prime Minister and the Government have committed to introducing the living wage, which is a welcome development. With that in mind, we must seek to bring in high-end manufacturing jobs—the jobs of the future of which I spoke—which require a highly skilled workforce. Such a workforce can only be achieved by investing properly in this field of education, and in apprenticeships, so that we can be globally competitive once again.

We debated International Women’s Day last Tuesday, and a notable achievement of the push for STEM education in schools is that more than 40% of ambassadors in the STEM ambassador programme are women. In last night’s debate on Commonwealth Day, the Minister of State, Foreign and Commonwealth Office, the right hon. Member for East Devon (Mr Swire) said that women were in very high places across the United Kingdom, as they should be. It was once a male-dominated industry with a male-dominated ethos and environment, but real change is now happening in the STEM sectors, and careers are open to all. I am encouraged by what the Northern Irish Minister for Employment and Learning, the Department for Employment and Learning and the Northern Ireland Assembly are doing. We have created a lot of apprenticeships for young people across the gender base. Many young girls are now taking up engineering as a job. The wage structure is such that new starters earn £30,000 to £35,000. Some people tell me that that is not a great wage, but it is a terrific wage for Northern Ireland. Such wages provide opportunity and keep our skill base at home. We want to see more of that.

I sit on the board of governors of Glastry College in my Strangford constituency. At our meeting last Thursday, the careers teacher had an opportunity to indicate some of the things that she was doing to ensure that young people at the school, and particularly young girls, saw engineering and the STEM industries as an opportunity. How do we do that? It is not just about the jobs; it is about pointing people in the right direction and bringing those two things together. In her introduction, the hon. Member for Chippenham mentioned “designer technology”—I wrote it down. That is what we need. We need to get our young people looking towards where those jobs are, which is important to me.

Shorts Bombardier has announced the bad news of job layoffs, but we are hopeful that that will make the company leaner, although maybe not meaner, and therefore more cost-effective, which will be a base from which the manufacturing base can hopefully bounce back. Last Thursday, the Minister for Skills announced more help for apprenticeships across the United Kingdom of Great Britain and Northern Ireland. We are all going to benefit—Scotland, Wales, Northern Ireland and England—and perhaps the Minister for Schools will comment on that. I know that it is not his Department, but there are great opportunities to do more.

Indeed, there have been commendable efforts and STEM initiatives, particularly in schools. We need to ensure that those initiatives translate into results and that there are real returns on our investment. The Government have invested some £15 million, and we need results not just for the sake of the economy but for our young people who need to grow up with the security of a top-class career and wage so that they can cement their position here in the United Kingdom.

Despite those efforts, results have been disappointing, and I have some statistics. GCSE entries for design and technology declined by 18% between 2011 and 2014-15. The decline has been even more pronounced among girls, with entries falling by 26%, compared with 12% for boys over the same period. Will the Minister comment on that? Between 2011 and 2014-15, A-level entries for design and technology fell by 24%. Either the Government’s efforts have not taken hold or we need to consider a different way of doing it. I always like to be constructive in debates, so that is not a criticism. It is about how we can do it better and how we can find solutions and improvement.

Efforts have also been made in Northern Ireland’s higher education sector, where the Department for Employment and Learning has taken significant steps to focus on STEM and make changes in the further education sector, universities and colleges. In the 2015 autumn statement, the Government announced that from 2017-18, the equal and lower qualification fee exemption would be extended so that students wishing to take a part-time second degree in a wider range of STEM subjects would be eligible for tuition loans. Will the Minister comment on that?

In addition to supporting those in education, there has been some support for educators in the STEM sector. Trainee teachers in England with a first-class degree or a PhD in physics, chemistry, mathematics or computing are eligible for a bursary of £25,000, which is significant. The bursary for trainee teachers in physics with a first-class degree or a PhD will go up to £30,000 in 2016-17. Those are significant, positive changes to the bursary opportunities that are available.

Compared with November 2010, the number of design and technology teachers has fallen by 2,300, but the number of engineering teachers has risen by 100. Again, it seems that a change in education provision is needed. Have the Government made provision to ensure that there is a sufficient number of engineering teachers so that pupils can take advantage of that opportunity? The situation reflects decreased demand in schools, but it also prompts us to ask what point there is in incentives for teachers in the sector if we cannot even motivate students to take the subject.

There has been some success. In the year 2014-2015, there were 74,060 apprenticeship starts in the engineering and manufacturing technology sector. Absolutely significant steps forward have been taken if there are 74,000 apprenticeships in engineering and manufacturing. It is the highest figure of all comparable years since 2011; that is a big step. There has been some success, but unfortunately, lower figures in schools should raise alarm bells. I urge the Government to act on that, for the sake not just of the economy but of the future of our young people, who want quality long-term and sustainable careers.

I am in the second half of life. Although not everyone in this room is, those of us who are must prepare our young people to come forward—our children, our grandchildren and other people’s children and grandchildren. Let us give them the job opportunities that we want for them. I want to see our young people stay in Northern Ireland; I certainly want them to stay within the United Kingdom of Great Britain and Northern Ireland. That means Scotland staying in the United Kingdom of Great Britain and Northern Ireland as well, by the way. [Interruption.] The hon. Members from the Scottish National party knew I was going to say that. It has been a pleasure to speak in this debate, and I thank the hon. Member for Chippenham for securing it and giving us a chance to participate.

[Mr Adrian Bailey (in the Chair)]

Four people have indicated that they wish to speak. I want to call the Front-Bench spokespersons by half-past 10, so if subsequent speakers could confine their remarks to about seven minutes, I would be grateful. It will enable us to get everybody in.

Access to Justice: Vulnerable People

Debate between Jim Shannon and Adrian Bailey

Tuesday 19th January 2016 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I did not expect to be called to speak so early, Mr Bailey.

[Mr Adrian Bailey (in the Chair)]

I did not expect to call you so early!

[Jim Shannon]

It is a pleasure to be able to participate, and I thank the hon. Member for Aberavon (Stephen Kinnock) for setting the scene so well. Members present, including me, have a particular interest in this matter, which I shall discuss from a Northern Ireland perspective. Some things in Northern Ireland are not right and are not going well, and this is an opportunity to tell the House about them. Perhaps the Minister, having listened to my comments, can respond. In telling the stories from Northern Ireland, I want to show where we need to focus.

Legal aid is a devolved matter in Northern Ireland, so the responsibility lies very clearly with the Northern Ireland Assembly. The Legal Services Agency Northern Ireland administers the statutory legal aid system, and although it is a devolved matter, that does not mean I cannot share views about Northern Ireland, and that is what I shall do. As the Member for Strangford, speaking on behalf of the constituents who have contacted me about this issue, it is important that we have those views on the record in the mother of Parliaments and at the same time stand up for fellow countrymen and women in England and Wales who may be affected by the changes to legal aid since 2012.

Over the previous parliamentary term, I had a number of discussions with the shadow Minister, the hon. Member for Kingston upon Hull East (Karl Turner). He has been vociferous about legal aid on the Floor of the House. There has been no mention of it without him being there to speak about it. I look forward to the Minister’s response as well. He is a compassionate Minister who knows the issues and what we are about here, so I would like to hear his thoughts.

Despite being devolved, legal aid has proved to be an issue in Northern Ireland. More than 600 defendants have been left without a lawyer as the dispute over legal aid continues to prove an obstacle to the efficiency of the courts. I have been in contact with the Minister responsible for policing and justice in Northern Ireland, David Ford, as well as with solicitors and barristers who have expressed their views to me, so I am aware of the issues that we have back home and where the problems are. In his introduction, the hon. Member for Aberavon spoke specifically about vulnerable people, and I will as well, because they are the people we are here to represent.

Across Northern Ireland, hundreds of Crown court cases are stuck in the early stages of the legal process as lawyers continue to refuse to take on new criminal cases in protest against cuts to their pay. It is a critical issue, and there is a balance to be struck. I understand that the Government are under financial pressures, as we are in the Northern Ireland Assembly as well. The financial constraints might start here, but they go out to all the regional Administrations, particularly the Northern Ireland Assembly. The stand-off about pay has caused mayhem in the court system, with a growing backlog of cases as the dispute intensifies. Lawyers have taken industrial action in response to the cuts, withdrawing professional services in criminal cases as part of the protest.

The latest figures were released just last week and show that there are currently 817 cases outstanding in Northern Ireland. Of those, 545 are directly affected by the legal aid dispute. The magnitude of what is happening there is mirrored elsewhere in the United Kingdom. The issues are financial, and perhaps there are more complexities; nevertheless, the breakdown of the figures includes some worrying cases. The outstanding cases include seven murder suspects, four accused of attempted murder, 60 accused of sex crimes, 76 accused of drug offences and 39 accused of fraud. Without stakeholder agreement and a reasonable solution here on the mainland, we could see a similar, if not worse, situation arise.

I say this with great respect because I am not someone who attacks political parties—that is not my form, Mr Bailey, and I never do it—but the Alliance party leads the Department of Justice in Northern Ireland, and its unreasonable approach has seen law firms operating at a loss as a result of changes to the legal aid system. Top solicitors in the Province have warned that law firms quite simply cannot continue to operate at such a loss without bankruptcy, and that with so many cases backlogged the situation can only get worse. Local solicitors in my town, Newtownards, and elsewhere in my constituency have confirmed that.

Disputes over legal aid not only threaten the efficiency of the justice system but can lead to the erosion of the right to a free and fair trial for all. I have heard the shadow Minister say that on numerous occasions in the Chamber; I have not seen his speech, but he will probably say the same thing shortly in Westminster Hall. Some of the most vulnerable people in our society would depend on legal aid should they ever require legal assistance. We are talking about people who are unable to access justice because of their vulnerability. There are many more people out there who may need to call upon legal aid but will be unable to. As a House and as Members of Parliament, we have a duty need to ensure that such people are protected from changes to the legal aid framework.

To reduce costs, we must focus on those over-represented in the legal aid client base. Change is necessary to address that over-representation, but we must be careful of the unintended consequences. I do not think that the Government deliberately intended what we have seen, but there are unintended consequences, and we have already seen in Northern Ireland just how out of control the situation can get in a short space of time. The Government need to engage with pro-bono organisations, solicitors’ groups and other relevant bodies to ensure a comprehensive strategy to address over-representation in the legal aid client base while protecting the vulnerable people who might find themselves in genuine need of legal aid assistance.

The exceptional funding route for those who are disadvantaged is clearly not working. Not only does the Ministry of Justice fail to recognise that there are vulnerable people in our society who need this sort of funding, regardless of what the European Court of Human Rights, the Northern Ireland Human Rights Commission or the European Union says; it fails to provide, let alone implement, a strategy to ensure that no vulnerable person in our society is in such a position in the first place. We are elected by our constituents as Members of Parliament to speak out on their behalf about the issues that arise. That is what I do in this House, as do other right hon. and hon. Members. When vulnerable people are squeezed, pushed and coerced and find no one to turn to, we have to step up and do our best for them.

We have today an overdue opportunity to discuss legal aid, an issue that I am sure will not go away. That is why it is important that the Minister will respond and important to hear what the shadow Minister and other Members will say. It was also important to hear the opening speech by the hon. Member for Aberavon and the interventions by other Members. I hope that Members will take note of the experiences I have shared from Northern Ireland, and that they share my sense of urgency about this issue on behalf of my constituents. Everyone in a civilised country such as ours should have a free and fair trial and should be legally represented. The Ministry of Justice needs to go forth and resolve the issue in a sustainable, long-term and proper fashion.