Armed Forces Bill Debate

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Department: Ministry of Defence

Armed Forces Bill

Lord Robathan Excerpts
Monday 10th January 2011

(13 years, 4 months ago)

Commons Chamber
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Elfyn Llwyd Portrait Mr Llwyd
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I agree entirely with those comments, because we are all equal before the law. However, if taking that information helps to address what is a massive problem, it should be done. The probation service in Cheshire and north Wales is also doing that, and that is being led by ex-service people. No prejudice is intended at any stage.

Lord Robathan Portrait The Parliamentary Under-Secretary of State for Defence (Mr Andrew Robathan)
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The hon. Gentleman raises an extremely important topic, and one that should not be taken lightly. I wonder whether he has read the analysis in the Defence Analytical Services and Advice report of the number of former service personnel who are in prison. It suggests not that they are over-represented, but the contrary.

Elfyn Llwyd Portrait Mr Llwyd
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The Minister knows that there has been an argument about that because we do not know what the figures are.

Lord Robathan Portrait Mr Robathan
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Yes, we do.

Elfyn Llwyd Portrait Mr Llwyd
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What is the current figure?

Lord Robathan Portrait Mr Robathan
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DASA’s initial finding was that the figure was about 3%, but after it analysed everybody in prison who had said that they were formerly in the armed forces, it came up with a figure of approximately 3.5% of the prison population who were ex-services. In contrast, more than 7% of the general population have been in the services.

Elfyn Llwyd Portrait Mr Llwyd
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Yes, but if I remember rightly, the methodology of that particular report was somewhat questionable. [Interruption.] May I finish my point? The reservists were not included, nor were people under 18 or women who had served in the Army. I believe that one other category of people was excluded—there were four such categories.

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Thomas Docherty Portrait Thomas Docherty
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I am grateful to the hon. Gentleman who, as ever, shows his fancy footwork, blaming both his Government and the previous Conservative Government. I must agree that his Government are not doing enough to support housing.

Opposition Members are deeply concerned that although the Ministry of Defence is happy to place new onuses on local authorities and the NHS, the one group of people that should not have statutory responsibilities according to the MOD is, funnily enough, the MOD. By that rather large omission, clause 2, which covers the charter, is in effect toothless. The organisation that, more than any other, has responsibility for the welfare of our service personnel, their families and our veterans is, of course, the MOD. When he replies to the debate later this evening, I hope that the Under-Secretary of State for Defence, the right hon. Member for South Leicestershire (Mr Robathan) will assure Labour Members that the MOD will re-examine that glaring omission.

The hon. Member for Corby (Ms Bagshawe) and others often accuse Labour Members of not coming up with funding solutions to meet such commitments. I will indulge her by providing a simple example of where we can find more than £100 million, which could be put into accommodation for service personnel. According to the MOD, we spend—before she jumps to her feet, I accept that the previous Government did not do enough to tackle this issue—£110 million on private school fees for the children of service personnel. Almost half that money—some 40%—goes to officers in the top ranks of lieutenant-colonel and above, who are effectively the top brass, while only 10% goes to the ranks of staff sergeant and below. It is, in effect, a subsidy for public schools.

Lord Robathan Portrait Mr Robathan
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I want to shoot this canard, fox or whatever you like. People in junior ranks, both officers and non-commissioned officers, tend to be younger. Guess what? They do not have children who want to go to such schools. In fact, there are private soldiers whose children go to private schools, and there are junior officers whose children go to private schools. They are not at home, and they need the continuity of education provided by that allowance.

Thomas Docherty Portrait Thomas Docherty
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I thank the Minister for spelling out his position. This evening, I have tabled a written question to clarify how many of the service personnel who receive the £110 million subsidy—the schools get the money—are serving overseas. One of our concerns is that those officers are on not two or three-year furloughs overseas but six-month deployments. The MOD is, in effect, providing a ring-fenced sum of money for public schools, which is disappointing at a time when we are seeing job losses in both the armed forces themselves and in companies such as British Aerospace. When the MOD made cuts, it did not take a penny out of the continuity of education allowance, and that decision should be re-examined.

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Thomas Docherty Portrait Thomas Docherty
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I shall clear that up before giving way to the Minister: if the argument for spending £110 million a year on public schools is based on soldiers being posted for six months to Afghanistan before returning to Britain, it is not an acceptable use of public money.

Lord Robathan Portrait Mr Robathan
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As the hon. Gentleman may know, we are tightening up the rules on the continuity of education allowance. If he would like to come along to the MOD and meet them, I can introduce him to people who will tell him, as they tell me, that their children have changed schools as many as four times in five years, which is not good for continuity of education or for keeping good personnel in the armed forces.

Thomas Docherty Portrait Thomas Docherty
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I am grateful to the Minister for his offer to meet me to discuss the matter outside the House, which I shall certainly take up. I will not labour the point for much longer, because other hon. Members want to speak. As we move to withdrawing troops from Germany in 2015—perhaps it will be slightly later, if the MOD does not get its timetable right—it is the right time to consider scrapping or phasing out the continuity of education allowance.

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Lord Robathan Portrait The Parliamentary Under-Secretary of State for Defence (Mr Andrew Robathan)
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I am grateful to the many hon. Members who have participated in the debate. After hearing the rather fierce winding-up speech by the shadow Minister, I point out that two Labour Back Benchers participated in the debate and that substantially more Conservative Back Benchers took part, which shows how much interest there has been in the House.

Jim Murphy Portrait Mr Jim Murphy
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And a Liberal.

Lord Robathan Portrait Mr Robathan
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If the right hon. Gentleman were any good at maths, he would work out that one Liberal means that at least five Labour Back Benchers should have participated.

Leaving that to one side and returning to the Bill, the Government are required to introduce an Armed Forces Bill every five years, because those Bills provide the legal basis for the armed forces and for their discipline. Five years ago, the Armed Forces Act 2006 established a single system of service law, which applies to all members of the armed forces wherever they are serving in the world. It was a significant piece of legislation. The Bill that we are considering today is much smaller, and much of it was implemented under the previous Government. We are, in fact, pursuing the policies that the previous Government introduced, so I was particularly saddened by the shadow Secretary of State’s extraordinary speech. [Interruption.] The term that applies to the hon. Member for Rhondda (Chris Bryant) is “chuntering”.

The covenant has engendered a great deal of discussion in the debate, and we are fulfilling the Prime Minister’s pledge to put the matter on a statutory basis in this Bill. Every year, there will be a report on the covenant, which the House may wish to discuss. Returning to the hon. Members who have spoken, my hon. and gallant Friend the Member for Milton Keynes North (Mark Lancaster), who is an extremely sensible friend, made some interesting points. He asked about the air bridge, which we are working on. Because, like me, he has travelled on it and been delayed on it, he knows that part of the problem is the age of the aircraft. He asked whether we will add days lost on rest and recuperation to post-tour leave, which is now our policy and is happening already.

My hon. Friend gave his view, which comes from serving in the Territorial Army, on medals. He also mentioned reservists. I agree with him entirely that support for such servicemen who return from operational tours is difficult. I pay tribute to those whose day job is not serving in the armed forces but who go out on operational tours and do excellent work helping our regular armed forces, and I pay tribute to their families, too.

Turning to the hon. Member for Dwyfor Meirionnydd (Mr Llwyd)—[Interruption.] I think that I am more Welsh than the hon. Member for Rhondda.

Chris Bryant Portrait Chris Bryant
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Will the Minister withdraw that remark?

Lord Robathan Portrait Mr Robathan
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If it is the case that the hon. Gentleman is, in fact, Welsh, contrary to all expectations and signs, of course I withdraw the remark.

The armed forces are under-represented in the prison population. I am sure that the hon. Member for Dwyfor Meirionnydd did not mean to do this, but it is important that we do not patronise our soldiers, sailors and airmen, who are more law-abiding than most. Of course some of them go to prison, but we are talking about responsible adults, some of whom commit crimes. Interestingly, the chances of being in prison if one has been in the armed forces are considerably less than if one has not. Our armed forces members want to be treated as responsible adults and not as victims.

I thank my hon. and gallant Friend the Member for South West Wiltshire (Dr Murrison)—he is a doctor and he is very gallant—for his extremely important report “Fighting Fit”. He asked whether we should call the armed forces covenant the military covenant in the Bill and I shall look into that. There is a legal issue involved, but I can certainly say that the covenant report will not be a tick-box exercise.

The very Welsh hon. Member for Rhondda was particularly keen on armed forces members from Wales being able to serve in Wales, but my experience of young people—both those going into the armed forces and those going to university—is that they often want to get away from their home environment. I have not heard many complaints about this before and I think they might not wish to be close to home. In my period in the armed forces, a very long time ago, I spent a disproportionate amount of my time training in Wales—in the Brecon Beacons at Sennybridge, in Snowdonia and in other places. The hon. Gentleman was very disparaging about Sennybridge, but I rather liked it.

The hon. Member for Dunfermline and West Fife (Thomas Docherty) referred to the system of having a Bill every five years as technical, but I disagree entirely. I notice that he read history, but I do not know whether he got his history degree.

Thomas Docherty Portrait Thomas Docherty
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It is a work in progress.

Lord Robathan Portrait Mr Robathan
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There is a lot of that going on.

This is not a technical Bill: it is incredibly important. Those of us who know the history of the Bill of Rights 1689 know that it is incredibly important to have parliamentary authority for the armed forces. That remains as true today as it was more than 300 years ago; that is why we have a democracy. The hon. Gentleman then blamed the Government for the poor housing, which I thought slightly strange. He said that “the money was put in place for sorting out the housing,” but I think that might have been part of the £38 billion that we could not find when we came into office.

The hon. Gentleman then spent a long time showing his prejudice against private education, harking back to the good old days of class warfare. There was no logic involved—just prejudice.

Thomas Docherty Portrait Thomas Docherty
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May I clarify that I have no prejudice against people choosing to spend their own money on private health care or private education? I just object, when there are severe budget cuts for the MOD, to £110 million of taxpayers’ money being spent subsidising other people’s private education.

Lord Robathan Portrait Mr Robathan
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As I explained, the reason for the continuity of education allowance is so that children do not have to change schools often. I have heard of changes more than four times in five years and I do not think that is very fair on those children or their families. With that sort of system, people would tend not to stay in the armed forces. Be they private soldiers or generals, they would say, “I am not staying in the armed forces; I am going to do something else.” That is the reason for the allowance. [Hon. Members: “Private soldiers?”] Yes, private soldiers do send their children to independent schools. [Interruption.] I cannot speak on this in detail, but I assure Opposition Members—who presided over the system, which we are tightening up dramatically—that nearly 50% of those who use the continuity of education allowance are not commissioned officers.

Thomas Docherty Portrait Thomas Docherty
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Will the Minister give way?

Lord Robathan Portrait Mr Robathan
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No, not again.

I am sorry that I was not in the Chamber when the hon. Member for Colchester (Bob Russell) made his speech. [Interruption.] That is what it says here. He particularly seeks the maximum involvement of armed forces charities in the work of the covenant and that is absolutely what we want.

My hon. Friend the Member for North Wiltshire (Mr Gray) talked about the heroism in the armed forces, recognised in Wootton Bassett in his constituency, and I think that we all agree on that. He welcomed our commitment to the armed forces covenant and the fact that our manifesto commitment will be kept, but he should watch how the issue develops, because I think that he will be more satisfied than I understand he appeared to be in his speech. The provision is not a “sad little clause”; it is an important step forward in fulfilling our obligations to the armed forces.

I pay tribute to my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) for his service in Afghanistan. I was glad to hear that he welcomed clause 2 and was critical of the previous Government’s record on the covenant. It seems rather strange that we get criticised for all these things after seven or eight months, whereas I seem to remember that the previous Government were there for 13 years.

My hon. Friend the Member for Tamworth (Christopher Pincher) asked us to go the extra mile for the armed forces. He is absolutely right. They are in a unique position, and we should and will go that extra mile; we are committed to doing so. He talked about service family accommodation. We are working on improving quality. I recently cut the turf on a new estate, the Canadian estate in Bulford. It was put on hold under the last Government, but we have started again. There is, of course, a big issue about cost. We are also working towards greater home ownership. My hon. Friend may know of the new employment model, which will mean that the Army will tend to be based more in the same place, rather than moving around the country.

I heard the plea that my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) made for Armed Forces day in Plymouth, and we will certainly consider that. I absolutely agree with his central point, which is that we must make the armed forces feel valued. I know that I am a bit older than some people on the Opposition Front Bench—

Jim Murphy Portrait Mr Jim Murphy
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All of them.

Lord Robathan Portrait Mr Robathan
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all of the people on the Opposition Front Bench; I can remember the Labour Government of 1974 to 1979. The pay of the armed forces was reduced so much, and was so poor, that people left in their droves, and we ended up with something called the black hole of officers. So many officers of captain and major rank left that there was a huge black hole, which was quite good for promotion, but not much good for the armed forces.

My hon. Friend the Member for Dover (Charlie Elphicke), who is extremely proud of Dover and military life there—I got that message—mentioned electoral registration. We are working on ensuring that it is easier for service personnel to register only once, because the system has become extremely complicated under quite well-meaning measures of the previous Government.

The shadow Minister, the hon. Member for West Dunbartonshire (Gemma Doyle), gave her first speech from the Front Bench. I congratulate her and welcome her to the Front Bench. I also welcome the service personnel Command Paper; I think that the hon. Member for North Durham (Mr Jones), who is not here, was partly responsible for it. It is basically a good piece of work that we support, and we are going forward with many of the improvements that were suggested and started by the previous Government; I think that we can say that.

The hon. Member for West Dunbartonshire then, I am sorry to say, went on about the external reference group, which we value. We have no plans to get rid of it, or to not publish its reports. It will produce a report, which will be seen and will be transparent. I assume that it will become evidence to the report on the covenant that the Secretary of State will have to make to Parliament. As I explained to the hon. Member for Dunfermline and West Fife, that is about the accountability of the Government to Parliament, on which I hope we all agree. This is a non-story, a non-issue; the process will be transparent and accountable. We will listen to the external reference group, and if it does not like what we have done, I would expect it to say so. Hew Strachan and I have regular meetings. I always counsel people not to believe everything that they read in the newspapers.

We will look at the idea of a veterans identity card, which the hon. Member for West Dunbartonshire was lauding, but one of the issues that should be addressed is: who actually wants it? It is quite important that a little bit of market research is done on that, to start with. She asked whether I was having meetings with people on the Bomber Command memorial. I had a meeting just before the recess with the new chairman of the Bomber Command memorial. We had a very constructive meeting, and I am helping him on one particular issue that I do not want to get into now; difficulties had arisen over planning permission in the royal parks.

The hon. Lady attacked us regarding the covenant. We are introducing the covenant. The Labour Government did not do so. It is rather strange to hear us attacked in such a way for what we are doing on the covenant. It is work in progress, like the degree of the hon. Member for Dunfermline and West Fife.

Chris Bryant Portrait Chris Bryant
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And like this speech.

Lord Robathan Portrait Mr Robathan
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The hon. Gentleman does an awful lot of chuntering. I am surprised that anyone lets him in.

Finally, I turn to the speech from the right hon. Member for East Renfrewshire (Mr Murphy), the shadow Secretary of State. Disappointing is the best word to describe it. He said that our attitude was heartless. He was a member of the previous Government under the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown). I point out to him that one cannot spend money that one has not got. The previous Government spent it like water. They destroyed our economy.

The right hon. Member for East Renfrewshire grins back at me. He highlighted the decision of the Chancellor of the Exchequer and the Government to change the indexation of service pensions from RPI to CPI, so perhaps now he will stand up and pledge that should, God forbid, the Labour party be returned to government at the next election, it will return the indexation of armed forces pensions and perhaps all public service pensions from CPI to RPI.

Jim Murphy Portrait Mr Murphy
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The right hon. Gentleman tempts me to rise, and I encourage the Secretary of State to rise to defend his policy. The question is whether it is right to take away from war widows and those who were severely injured on the battlefield in Afghanistan pension entitlement that they had reasonably expected. Perhaps the Minister should focus less on what will be in our manifesto in two, three or four years, and more on his policy this very evening. He should try at least to do what the Secretary of State failed to do and defend his own policy.

Lord Robathan Portrait Mr Robathan
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After that extremely long intervention, I notice that the right hon. Gentleman did not answer the question. He says that we are taking money away from people. We are doing nothing of the kind. That is scaremongering. We are changing the indexation going forward, as he is well aware. We must address the huge debt left behind by the previous Government. [Interruption.]. Opposition Members are obviously in denial. That is what we have to do.

The Bill is important, as I have explained, because it is part of parliamentary control of the armed forces. It provides the legal basis for the armed forces to exist. Without it, there would be some rather interesting and difficult situations.

Thomas Docherty Portrait Thomas Docherty
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Will the Minister give way?

Lord Robathan Portrait Mr Robathan
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No, I think not.

There is an annual continuation order, which must be approved by both Houses every year. The Bill is the primary legislation, which we must have every five years, as most Members of the House know. I have a real interest in the safe passage of the Bill. Perhaps I should have declared that I am a recipient of an armed forces pension changing from RPI to CPI indexation. It will be a privilege to take the Bill through the House.

Finally, I pay tribute to all members of the armed forces who are even now serving on duty in Afghanistan in real danger on our behalf. I also pay tribute to the families and the communities who support them.

Question put and agreed to.

Bill accordingly read a Second time.

armed forces bill (programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Armed Forces Bill:

Select Committee

1. The Bill shall be committed to a Select Committee.

2. The Select Committee shall report the Bill to the House on or before 10 March 2011.

Committee of the whole House, consideration and Third Reading

3. On report from the Select Committee the Bill shall be re-committed to a Committee of the whole House.

4. Proceedings in Committee of the whole House on re-committal, any proceedings on consideration and proceedings on Third Reading shall be completed at one day’s sitting.

5. Proceedings in Committee of the whole House and any proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

6. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion one hour after the commencement of those proceedings or at the moment of interruption on that day, whichever is the earlier.

7. Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House and on consideration and Third Reading.

Other proceedings

8. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Angela Watkinson.)

Question agreed to.

armed forces bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Armed Forces Bill, it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Angela Watkinson.)

Question agreed to.

SELECT COMMITTEE ON THE ARMED FORCES BILL

Ordered,

That the following provisions shall apply to the Select Committee on the Armed Forces Bill:

1. The Committee shall have 14 members, to be nominated by the Committee of Selection.

2. The Committee shall have power—

(a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place and to report from day to day the minutes of evidence taken before it;

(b) to admit the public during the examination of witnesses and during consideration of the Bill (but not otherwise); and

(c) to appoint specialist advisers either to supply information not readily available or to elucidate matters of complexity relating to the provisions of the Bill. —(Angela Watkinson.)