Asked by: Lord Foulkes of Cumnock (Labour - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty's Government what assessment they have made of (1) the regional disparities within the UK for military deaths inquiries between 1990 and 2016, including the recognition given by the judiciary to such disparities; and (2) the impact of military deaths in Scotland not qualifying for mandatory fatal accident inquiries prior to 2017; and what plans they have to address any resulting issues identified.
Answered by Earl Howe - Deputy Leader of the House of Lords
Inquests in England, Wales and Northern Ireland are carried out under the Coroners and Justice Act 2009 and the Coroners Act (Northern Ireland) 1959 respectively.
Inquests are carried out where a death was sudden, and the cause is unknown, where someone has died an unnatural or violent death, or where someone has died in a place or circumstance where there is legal requirement to hold an inquest, for example in prison custody or whilst sectioned under the Mental Health Act.
In Scotland fatal accident inquiries are carried out under the Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. A Fatal Accident Inquiry (FAI) is mandated by the 2016 Act in certain circumstances, including in respect of military deaths in Scotland. Under the previous legislation -the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976- an FAI was not mandatory for such deaths.
The Ministry of Defence has not assessed the potential impact of different legislative regimes in place historically
Asked by: Lord Foulkes of Cumnock (Labour - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty's Government whether they will publish the pre- and post-section 104 order protocols between the Ministry of Justice, the Ministry of Defence, the Scottish Government Crown Office and Procurator Fiscal Service and the Chief Coroner on dealing with military deaths in Scotland.
Answered by Earl Howe - Deputy Leader of the House of Lords
The protocol for liaison on Fatal Accident Inquiries (FAIs) relates to fatalities of Armed Forces personnel outside the United Kingdom (the protocol) and is shared between the Ministry of Justice (for the Chief Coroner's Office), the Ministry of Defence (Armed Forces Personnel), and the Crown Office and Procurator Fiscal Service (COPFS).
The protocol was originally drafted and agreed on 31 August 2012; it was subsequently revised on 25 May 2017 following consultations between the parties. The Ministry of Defence put forward further revisions. Further work on the protocol was delayed due to the Ministry of Justice not being able to provide feedback due to being overwhelmed with the terrorist events in London and they have not been in a position to consider the protocol further. Further consultations on the protocol have not been able to be held due to time commitments by the other parties. COPFS have advised that as part of a modernisation project, they plan to revitalise the discussions on the protocol in the near future. These discussions will now include the Foreign and Commonwealth Office.
The protocol must be owned by all parties as it is a tripartite agreement. The protocol is a draft document until full agreement is achieved by all the parties, and cannot be published at this time.
Asked by: Lord Foulkes of Cumnock (Labour - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty's Government, further to the Written Answer by Earl Howe on 7 February (HL13095), whether a Fatal Accident Inquiry was carried out into any of those deaths; and if so, which.
Answered by Earl Howe - Deputy Leader of the House of Lords
There was a Fatal Accident Inquiry (FAI) carried out following the crash of a Chinook in June 1994 on the Mull of Kintyre which concluded it was impossible to establish the exact cause of the crash.
Since the formation of the Ministry of Defence (MOD) Inquest Unit (DIU) in 2008 there have been no FAIs. Before the formation of the DIU, Inquests were dealt with by the individual Services (Army, Royal Navy and Royal Air Force), the DIU does not have access to any records that may have been retained from this period. It is, however, unlikely that these records have been retained under the MOD records retention policy which is normally five years from date of opening.
We have held discussions with the Crown Office and Procurator Fiscals Service (COPFS), to determine if there any other FAIs have been held. COPFS have advised it is not possible to confirm how many FAIs have taken place into military deaths in Scotland since 1990. The COPFS database is based on individual specific information i.e. name, date of birth, date of death and not on occupation. It is not searchable on occupation and we are advised that any search would also return deaths of individuals from natural causes, which could amount to many hundreds of records and would need to be manually searched. This information could be provided only at disproportionate cost.
Asked by: Lord Foulkes of Cumnock (Labour - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty's Government how many deaths of serving on-duty military personnel have occurred in Scotland since 1990; and what investigations the Ministry of Defence has conducted into such deaths.
Answered by Earl Howe - Deputy Leader of the House of Lords
From 1 January 1990 to 27 January 2019, 98 UK Armed Forces personnel have died whilst on duty in Scotland.
A detailed breakdown of the causes of UK Armed Forces Deaths whilst on duty in Scotland by Service and Cause of Death from 1 January 1990 to 27 January 2019 is shown in the attached table.
The investigation of deaths, whether they are military or civilian lies with the Scottish Government and the Crown Office of the Procurator Fiscal/Scottish Fatalities Investigation Unit. The decision to conduct Fatal Accident Investigations is for the Crown Office of the Procurator Fiscal in conjunction with the Scottish Fatalities Investigation Unit. The Ministry of Defence will always support the Scottish Fatalities Investigation Unit in its investigations in an open and honest manner.
An internal Ministry of Defence investigation is carried out following any death, very serious injury or serious injury of a Service Person, including natural causes whether they are on or off duty. The internal investigation includes an overview of the event, what happened, to whom, when and why. These accounts are conducted expeditiously after the event (within five days if possible) and are designed to be a swift capture of the events and aimed to identify any immediate lessons that may have been found. The internal investigations also present recommendations to prevent any recurrence of a similar incident where possible. These investigations are always shared with the Crown Office/Scottish Fatalities Investigation Unit.
Asked by: Lord Foulkes of Cumnock (Labour - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty's Government whether they intend to carry out any investigations into historic military deaths that have occurred in Scotland since 1990; and if not, why not.
Answered by Earl Howe - Deputy Leader of the House of Lords
The investigation of deaths, whether they are military or civilian lies with the Scottish Government and the Crown Office of the Procurator Fiscal/Scottish Fatalities Investigation Unit.
The Ministry of Defence (MOD) complies with the appropriate legislation; Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 for investigations into deaths of Service personnel in Scotland.
The decision to conduct Fatal Accident Investigations is for the Crown Office of the Procurator Fiscal in conjunction with the Scottish Fatalities Investigation Unit.
The MOD will always support the Scottish Fatalities Investigation Unit in its deliberations/investigations in an open and honest manner.
An initial investigation is carried out following any death, very serious injury or serious injury of a Service person, including natural causes whether they are on or off duty.
The initial investigation includes an overview of the event, what happened, to whom, when and why. These accounts are conducted expeditiously after the event (within five days if possible), and are designed to be a swift capture of the events and aimed to identify any immediate lessons that may have been found.
The internal investigations also present recommendations to prevent any recurrence of a similar incident where possible. These investigations are always shared with the Crown Office/Scottish Fatalities Investigation Unit.
Asked by: Lord Foulkes of Cumnock (Labour - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty's Government, further to the Written Answer by Earl Howe on 21 November (HL11446), what is the maximum allowable payment to Ministry of Defence staff for services booked through the Defence Hotel Reservation Service when undertaking (1) business travel, (2) duty travel, and (3) detached duty.
Answered by Earl Howe - Deputy Leader of the House of Lords
For most UK and overseas travel, staff must obtain prior Line Management agreement before undertaking any business travel booking. This includes other duty/detached duty travel. Self-approval is permitted for certain employees, but only up a maximum of two nights’ accommodation for the most senior grades.
Specific cost ceiling limits vary. Staff arranging travel and overnight accommodation are expected to utilise the most economic option available. The chosen hotel accommodation should be within the ceilings imposed for each location, and specific justification must be provided where the lowest cost option is not utilised. Any business travel expenditure incurred by staff is subject to subsequent audit checks by line management and business areas.
Asked by: Lord Foulkes of Cumnock (Labour - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty's Government what allowance is paid to Ministry of Defence officials based in offices outside London when they are required to stay overnight in London in connection with their work.
Answered by Earl Howe - Deputy Leader of the House of Lords
Civil servants employed by the Ministry of Defence (MOD) can claim for the additional expense incurred through economy class travel, overnight accommodation booked through the Defence Travel Hotel Booking Service and the cost of subsistence when undertaking business travel (also known as 'duty travel' or 'detached duty'). This may be for a meeting, conference, approved training course, or other business requirement, at a location different to an employee's usual place of work.
In addition to the necessary expenses incurred through travel, accommodation and subsistence, MOD civil servants who travel and stay overnight can claim an Incidental Expenses Allowance of £3 per night in the UK for additional, specific miscellaneous costs such as laundry charges.
In accordance with the Civil Service Management Code, staff should not profit from official duties, nor be out of pocket. The MOD has clear policies and guidance on what may be claimed, and on audit requirements for individual travellers, line managers and business areas.
Asked by: Lord Foulkes of Cumnock (Labour - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty’s Government what are the responsibilities of each of the 40 admirals in the Royal Navy; and what is the total cost of their posts including salaries, expenses and supporting staff.
Answered by Earl Howe - Deputy Leader of the House of Lords
Not all senior posts are directly employed by the Royal Navy; senior appointments are filled on a rotational or competition basis across the Ministry of Defence, NATO and the European Union Military Staff. The number of Admirals increases and decreases in accordance with which 'Joint' positions are filled by the Naval Service.
A list of Senior Naval Service personnel was released in June 2016 and is available on the Government website at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/535041/Navy_FOI_2016_05868___Information_of_4__3_and_2_star_officers_on_the_active_list_of_Royal_Navy__RN__and_Royal_Marines__Annex_A__June_and_July_2016.pdf
The salary range for these officers is between:
Admiral/General (Royal Marines) - £185,000 - £189,999
Vice Admiral/Lieutenant General (Royal Marines) - £130,000- £139,999
Rear Admiral/Major General (Royal Marines) - £110,000- £114,999
Further information on the roles and salaries of officers serving in the Naval Service, Joint Forces Command, in Head Office and the Defence Equipment and Support organisation is available on the Government website at:
https://www.gov.uk/government/publications/mod-roles-and-salaries-2016
The Service and civilian personnel supporting Royal Navy Senior Officers varies between appointments, but can include office support, those at official residences and staff both inside and outside of their individual Command Chains. Identifying the Department's expenditure on individual support structures and any additional expenses would incur disproportionate costs.
Four roles (three Rear Admirals and one Vice Admiral) are NATO appointments, with their salary commensurate with the salary ranges included above. Information related to expenses and support staff for these roles cannot be provided as their staff will include non-UK nationals with many of their expenses provided by NATO.
Asked by: Lord Foulkes of Cumnock (Labour - Life peer)
Question to the Ministry of Defence:
To ask Her Majesty’s Government what consideration they have given to naming one of the new type 26 global combat ships after the City of Plymouth.
Answered by Lord Astor of Hever
I refer the noble Lord to the answer I gave on 30 October 2014 to the noble Lord, Lord West of Spithead (Official Report, column WA184).