Defence: Procurement

Lord Touhig Excerpts

Thursday 21st November 2013 Lords Chamber

[Lord Astor of Hever]

My Lords, on my noble friend’s first point, the very fact that one commercial bid team has submitted a bid shows that it believes that there is a potential deal and it can deliver against requirement. We have always known that running a defence acquisition would be challenging, which is one reason for testing through the assessment phase whether it can be done. As for my noble friend’s second point, he is right to recognise the specific needs of defence acquisition and support personnel to match the professionally motivated defence industry. That is why we are very clear that, whatever option we choose, we will need to work with colleagues across relevant departments to put in place the necessary freedoms of operation to provide our Armed Forces with the right kit at the right time and deliver the best value for money for the taxpayer.

[Lord Touhig (Lab)]

The only outside bidder left in this process is a consortium led by Bechtel, a company with a litany of mismanagement of public service contracts, from Iraq to Romania to the United States. In Boston, for instance, it was responsible for the Big Dig, a tunnel construction project that went $1 billion over budget—and two-thirds of the problem was down to its mistakes. Given its mismanagement of the Big Dig, if Bechtel gains control of our defence procurement, will not Britain’s defences end up in a big hole?

[Lord Astor of Hever]

My Lords, the answer is no. The materiel acquisition partner’s team comprises Bechtel, as the noble Lord says, PricewaterhouseCoopers and PA Consulting, a consortium of world-class private sector businesses. The team has extensive experience of complex programme management; between them, they have delivered programmes to the United Kingdom, the United States and to 140 other countries around the world. Bechtel has ranked as the largest programme-managing engineering and construction company in the United States for the past 14 years. Specifically, MAP members have been involved in the Crossrail and High Speed 1 rail projects, as well as the Jubilee line, and in transforming major businesses in both public and private sectors.

Armed Forces: Redundancies

Lord Touhig Excerpts

Thursday 31st October 2013 Lords Chamber

Asked by

[Lord Touhig]

To ask Her Majesty’s Government, in the light of the recent comments by General Sir Nick Houghton, Chief of the Defence Staff, what assessment they have made of the impact of redundancies on the armed forces.

[Lord Touhig (Lab)]

My Lords, recently General Sir Nick Houghton, the Chief of the Defence Staff, spoke of the huge challenges faced by our Armed Forces. Those challenges are being compounded by the Government’s policy of Armed Forces redundancies. The recent unjust treatment of soldiers made compulsorily redundant shortly before their full pension date is a reprehensible scandal. I raised this issue in the House on 22 July. In reply, the Minister declared:

“When selecting personnel of the Armed Forces for compulsory redundancy, no consideration was given to the proximity of the immediate pension point”.—[Official Report, 22/7/13; col. 1041.]

The Government’s lack of consideration has seen servicemen made redundant just short of qualifying for their full pension and consequently losing out on around £100,000 to £200,000 in income. Representations made by Pension Justice for Troops have revealed the shocking impact of this mean-spirited action on soldiers who are often called the “warrior generation”. One example is Major Braithwaite, who served in the Balkans, Iraq and Afghanistan and was made redundant just 87 days short of reaching his full pension. Another is Sergeant Anderson, who enlisted at the age of 16 and was made compulsorily redundant just three days short of reaching his full pension entitlement. They had completed 98% of their service contract, yet are now to receive just 40% of the value of their pensions. This is a gross injustice, which has fundamentally altered the futures of these men. Indeed, Sergeant Anderson’s wife, Jolene, has spoken about how they feel, and said that, “financial security has now been cruelly snatched away”.

The couple had planned to use the pension to secure a mortgage on leaving Army accommodation. The pension exists to help our brave soldiers move with dignity to civilian life and it is unfair when just a few extra days’ service would have resulted in a pension 50% higher. The shameful treatment is a dereliction of the military covenant. I have in my possession a Ministry of Defence memo, in which a number of questions about the compulsory selection process are asked and answered. Two questions jump off this piece of paper. The first is: “At what point in the redundancy selection process were the outcomes for service personnel and their families considered against the values and standards of the Army?”. The answer: “At no point”. Another question is: “At what point in the redundancy selection process were the outcomes for service personnel and their families considered against the letter and the spirit of the Armed Forces covenant?”. Again the answer is: “At no point”.

I understand that the standards and values of the Army and of the Armed Forces covenant must be taken into account in these circumstances. Indeed, Queen’s Regulations say that they should, yet the Government have ignored that. This piece of paper reveals a lack of consideration that effectively renders the covenant a toothless document, with no real value to servicemen when it comes to their terms and conditions of service.

Last December the external covenant reference group, consisting of highly respected veterans’ agencies commenting on the Government’s own first annual covenant report on soldiers made redundant days before they qualified for their full pension declared that it was a betrayal of the spirit of the covenant. It is even more appalling that out of 11,000 Armed Forces redundancies, only around 130 soldiers have been victims of this sleight of hand. Robbing these men of their full pension saves the Ministry of Defence an inconsequential sum of money, but the impact on the lives of those affected and those who serve or are considering serving in the Armed Forces, is dramatic. Not since the notorious crook, Robert Maxwell, plundered his employees’ pensions have we seen an employer—in this case Her Majesty’s Government—so contrive a redundancy package to deny a small group of people, who have put their lives on the line for Britain, their rightful pension.

Under the previous Government full pensions were protected. That was done by reducing the length of service required to gain a full pension by four years. I am sure that the whole House will join me in asking the Government to think again and to look again at what they have done to this small group of loyal men and pay them their full pension. I ask them not to shame our country any more by neglecting their duty to our soldiers. This treatment of long-serving soldiers is having an indisputably negative impact on the morale of the Armed Forces. According to the Armed Forces Continuous Attitude survey published in July, one in three—30%—said that morale was low. This figure is twice what it was when the Government came to power. The current policy of redundancies is having a highly damaging impact on the morale of those who so dutifully and selflessly devote their lives to the service of our country. Last December, General Sir Peter Wall, Chief of the General Staff, told the Defence Select Committee that the issue of redundancies close to qualification for full pension was having a “disproportionate impact” on morale. These recent redundancies have not simply had an adverse affect on today’s soldiers but have damaged recruitment.

A leaked Ministry of Defence report, dated 6 August this year, highlighted the serious difficulties being experienced in recruitment. It shows that the Army is on course to recruit only half the reservists in 2013-14 necessary to fulfil the Government’s target. The report declares that there currently exists a “hostile recruiting environment”. One of the chief reasons for this environment is, in the words of the report, “redundancy downsizing”. It is no wonder that people are unwilling to enter the Armed Forces if at the end of a long and dutiful service the Government abandon their commitment to care for them.

The entire policy of restructuring the Army was predicated on the reserves being able to complement the Regular Forces. It is becoming clear that the Government’s policy of redundancies is undermining this very ability to expand the Reserve Forces, and is jeopardising the Government’s entire approach towards the Armed Forces. This policy increasingly seems based on pleasing the Treasury. The extent of this capitulation has been revealed in recent reports in the Daily Telegraph in which senior officers and Ministry of Defence officials have revealed that the Ministry failed to spend £2 billion of its budget. The detail shows that £200 million, earmarked for wages, has gone unspent due to more servicemen than expected choosing to quit. This cash pile, amassed by the MoD could maintain six infantry battalions—3,900 soldiers—for an entire decade. In Opposition the Prime Minister told BBC Scotland that he wanted to see the British Army increase in size. It now appears that his policy is entirely contrary, based solely on the consideration of costs.

An ill conceived approach has resulted in the shameful treatment of soldiers, an abject failure to uphold the military covenant and serious damage to morale within the Armed Forces. The policy of redundancies appears crafted entirely by financial considerations and a desire to please the Treasury, not military strategy. The Government need seriously to look again at the implementation of redundancies, especially ahead of further redundancies expected in the new year, and before our Armed Forces are damaged even more.

Armed Forces: Pension Scheme

Lord Touhig Excerpts

Monday 22nd July 2013 Lords Chamber

Asked by

[Lord Touhig]

To ask Her Majesty’s Government how many soldiers made redundant since the Strategic Defence Review have reached full pension age.

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)]

My Lords, no soldiers fall into this category as full pension rights are granted only at the completion of a full military career. Personnel within the last three years of their engagement were ineligible for consideration under the redundancy scheme. The redundancy scheme that we have implemented is designed to ensure that all those made redundant leave by 31 March 2015, and personnel requiring full pension rights by that date would therefore normally leave anyway.

[Lord Touhig]

My Lords, following our last exchange on this matter on 20 June, I received an e-mail from a 35 year-old soldier who joined the Army as a boy of 16. He served in Northern Ireland, Sierra Leone, Iraq and Afghanistan and was told that he had a future in the Army. Indeed, two months ago, he was promoted to WO2.

While he was convalescing following surgery, his wife attended an army wives’ event to discover by chance that he was to be made redundant; he had not been told. Further inquiries revealed that he was to be made redundant 24 days before he qualifies for full pension. He is set to lose £10,000 a year in pension. I am sure that the whole House will join me in wishing him well in his appeal against redundancy.

[Noble Lords]

Hear, hear!

[Lord Touhig]

When he returns to his department this afternoon, will the Minister review the redundancy package and, if necessary, come back to the House and reassure us before we break next week that no soldier who is prepared to put his life on the line in defence of our country will be made redundant in this cheapskate sort of way in order that the Treasury can save what amounts to no more than a few bob in petty cash?

[Lord Astor of Hever]

My Lords, I am sorry to disappoint the noble Lord, but we have no plans to review this. When selecting personnel of the Armed Forces for compulsory redundancy, no consideration was given to the proximity of the immediate pension point. I can tell the noble Lord that only 1.2% of those made redundant are close to their immediate pension point. As we reduce the size of the Armed Forces, our priority is to ensure that the services maintain the correct balance of those skills and experience across rank structures that are required to deliver operational capability now and in the future. That is what has determined our redundancy criteria.

Armed Forces: Redundancies

Lord Touhig Excerpts

Thursday 20th June 2013 Lords Chamber

Asked By

[Lord Touhig]

To ask Her Majesty’s Government what are the implications of the most recently announced redundancies in the British Army for the United Kingdom’s defence capabilities.

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)]

My Lords, the Chief of the General Staff and his team assess that the size and the structure of the Army set out in Future Army 2020 will deliver the level of capability agreed in the October 2010 SDSR and the associated national security strategy. The Army’s element of the Armed Forces redundancy programme is a consequence of the size of the Army being delivered under Future Army 2020 and as such there are no implications for the UK’s defence capabilities.

[Lord Touhig]

My Lords:

“There’s never been a better time to be a soldier, to get qualified and have a career”.

That is on the Army website at this minute. It further states that,

“there will be even more opportunities for people who want to enjoy the challenges that come with being a soldier”.

That is a sham. If there were any justice the Government would be prosecuted for issuing a misleading prospectus. The Minister is well regarded in this House, deservedly so, and perhaps he is here with a heavy heart today, but how much longer will the Government go on sacking highly trained, highly skilled, highly motivated soldiers who have been trained at great expense to the taxpayer and have served our country well, and, at the same time, spend an absolute fortune on advertising for, recruiting and training their replacements? It is a total waste of taxpayers’ money and is harming our defence capability.

[Lord Astor of Hever]

My Lords, no Government likes making these kinds of redundancies. While reduced recruiting and fewer extensions of service will account for some reductions, a redundancy programme is needed to ensure that the right balance of skills is maintained.

Defence: Procurement

Lord Touhig Excerpts

Monday 18th March 2013 Grand Committee

[Lord Touhig]

My Lords, last July the Minister repeated a Statement in your Lordships’ House in which the Government acknowledged the MoD’s historical budgeting woes. By now, most who are familiar with defence procurement agree that the Government underbudgeted and overassigned, that the Civil Service was challenged to manage such complex programmes because of its lack of expertise and skills, and that the policies of procurement unfairly burdened taxpayers. Clearly the Government now want to correct these failings, and it would appear that their preferred option is a privatised, government-owned contractor-operated partnership, about which we have already heard.

When one remembers the G4S security contract awarded for the 2012 London Olympic Games, it would seem that the Government’s record on privatised partnerships leaves much to be desired. I wonder also whether the Olympics security project suggests that even stable private partners struggle with assignments of unpredictable scale. The history of defence procurement over recent years certainly shows that scale is unpredictable. In an interview with the Defence Management Journal on 28 January, ADS chief executive Rees Ward warned that no country, and especially no military superpower, had adopted a government-owned contractor-operated scheme for procurement. In February this year, the Defence Select Committee in the other place expressed worries about GOCO and stated that it was vital that we consult our allies to ensure that there will be no adverse impact on co-operation. This point was made by my noble friend Lady Dean. Indeed, the chairman of that committee, Mr James Arbuthnot, said:

“We expect to be given more detail about the GoCo proposals”.

If the Government pursue this private partnership, that will require aligning with a company or companies that can manage a diverse programme of responsibilities and needs including armaments, supplies, training and the welfare of our nation’s Armed Forces. The partnership will certainly require invalidating or restructuring existing contracts, negotiating new business procedures, determining the Government’s ownership stake and rethinking the role of the Civil Service.

However, the GOCO strategy raises a series of questions that few in government appear to have considered. For instance, do the Government expect to find a private partner of equally diversified expertise in infrastructure—one that can manage acquisitions for Britain’s defence system? Can one partner reasonably manage an entire nation’s defence or will the partnership mean multiple private partners? Restructuring and managing Britain’s defence procurement operations is a project of paramount scale and importance. Considering the G4S summer Olympics embarrassment and the very costly outcome it had for G4S, is defence partnership attractive to the private sector or is the task simply too risky for investment? What happens if the private partner falls short of its commitment, as G4S fell short in 2012 at the Olympics? What happens if needs outgrow the resources of the business partner or, worse, if the partner goes bankrupt? Poorly thought out schemes are risky and the Government have exposed themselves to scrutiny without supportive answers to encourage taxpayers or potential investors.

I have three questions for the Minister. Will the Government consider wealth creation and job opportunities in awarding the defence partnership? Will they maintain a golden share of ownership in any or all of the companies included in the contract to operate the partnership? Will they share a company’s financial burden in partnership, and how will they scrutinise the spending of millions of pounds of taxpayers’ money? The need to ask these questions reflects the Government’s overall indecision and unpreparedness on this matter. Until the Government prepare a more detailed position on procurement, we are simply left with many daunting and outstanding questions.

Army 2020

Lord Touhig Excerpts

Thursday 5th July 2012 Lords Chamber

[Lord Touhig]

My Lords, a year ago next Tuesday, the Prime Minister stood up to address the National Assembly for Wales in Cardiff and said he wanted to record his gratitude to the brave Welsh regiments. He went on to say:

“From the trenches of Northern France to the mountains of South Korea they have fought and died in defence of our nation and our values”.

He concluded by saying,

“I will always be an advocate for this country and everything it has to offer”.

Wales can offer no greater sacrifice than the lives of her young men in defence of our country as we have seen in Afghanistan. With the Prime Minister’s words fresh in my mind—and perhaps more in despair than in hope of an answer—what more could we have done in Wales to protect the Welsh regiments from these government cuts, short of threatening a referendum on independence?

[Lord Astor of Hever]

My Lords, I share the noble Lord’s respect for the Welsh regiments. The CGS, supported by his command team, has made very hard choices in deciding where reductions are made to bring the Army size down to 82,000, and the Army has rigorously applied a set of criteria to make these difficult decisions. They were based on capability, recruiting demography both now and in the future, appropriate national representation and solutions that do not undermine regimental principles, established in the last round of changes in 2004. Previous mergers and deletions were also taken into account, to ensure that decisions were seen as fair by as many people as possible.

Armed Forces Bill

Lord Touhig Excerpts

Wednesday 26th October 2011 Lords Chamber

[Lord Craig of Radley]

My Lords, I beg to move Motion A1 and thus speak to my Amendment 6B, which I proposed as an amendment in lieu. In the latter part of his remarks, the Minister reminded the House of the Government’s thinking on the issues that have been central to our debates on the medal amendments that the noble Lords, Lord Ramsbotham and Lord Touhig, and I tabled at the earlier stages of the Bill. Our responses to the Government’s views are on the record of our earlier exchanges. I do not propose to dwell on them now other than to say that my colleagues and I repeatedly urged the Government to take action on two of the issues about which the Minister has just spoken.

I shall speak first about the Pingat Jasa Malaysia medal, the PJM medal, the subject of my Amendment 6B. This award was offered by the King and Government of Malaysia to members of Her Majesty’s Armed Forces and other Crown servants for their contributions to that country’s security in the difficult times of the Malayan emergency and, later, during confrontation with Indonesia. In 2007, acceptance of this award was recommended by the HD committee to Her Majesty for approval, but the committee did not recommend that the medal could be worn without restriction.

As I have explained in earlier debates on the Bill, many recipients have been unhappy about this, particularly as Australian and New Zealand recipients, alongside whom they saw service, were granted permission to wear the PJM medal at all times. The Minister has now assured the House that the HD committee will be making a further submission to Her Majesty and that, subject of course to her approval, these medals may be worn on Remembrance Sunday this year and thereafter. In the context of the Bill that is bringing the Armed Forces covenant into legislation, this is a most welcome approach of fair treatment of veterans who are the recipients of the PJM medal. On that understanding, I do not intend to press my Amendment 6B, which deals solely with the unrestricted wearing of the PJM medal, since the noble Lord’s proposal may achieve the result that it seeks to secure by the more traditional path: that is, within the present architecture of the royal prerogative.

The other topic raised by the noble Lord relates to the workings and responsibilities of the HD committee, which has the most difficult and sensitive task of dealing with a variety of issues concerning medals and other rewards, particularly those of foreign Governments. I greatly welcome the Minister’s reassurance that the time has come for an independent review of the HD committee. In moving our Amendment 6 in your Lordships’ House on 10 October, I contended that there are some HD committee rules that,

“are not fit for purpose”.—[Official Report, 10/10/11; col. 1348.]

On those grounds, I sought the view of the House and our amendment was carried. The arrangements that the Minister has just described will set in hand a thorough and independent look at the HD committee. In the light of the Government’s position as just stated by the Minister, I attach great importance to the independent leadership of this review. I am grateful that it will consider in particular the no-double-medalling and fixed-time limits that have been the source of much unhappiness and concern over the years. I hope that the HD committee, as well as the whole House, will welcome the review.

I should also like to place on record my appreciation for the extremely considerate and open way that I and my colleagues have been treated in dealing with these matters. The new Defence Secretary, in his most busy initial week, took time to discuss them with me and, as the Minister pointed out, has also written to me. The Minister has been most approachable and considerate; he is in full grasp of his brief and greatly admired in this House. It is a measure of his great contribution to the Bill that he was able to persuade his business managers and all the involved departments of Government that it was not realistic nor in the best interests of the Armed Forces and veterans to resist every amendment. Instead, he has contributed greatly to the Armed Forces Bill outcome, with which all should be content.

I am full of admiration for the extremely hard work and commitment of the team of officials and service personnel whose most strenuous efforts have enabled us all to reach this accord. I hope that it is in order to commend them and thank them. I should be grateful if the Minister would pass on my appreciation and that of my colleagues.

I should rather have avoided dealing with any of these issues as grounds for party political discord. It is alien to me as an independent Cross-Bencher, particularly when dealing with matters that affect our Armed Forces. Nevertheless, I am most grateful to the more than 200 Members of your Lordships’ House who supported our Amendment 6, which, along with other amendments, sent the Bill back to the other place. I am personally delighted that the end result has been agreed by negotiation and agreement, a smart win-win result for all sides.

This is a historic Bill since it introduces into the law of the land the Armed Forces convention, an arrangement that will prove to be most valuable and supportive to service personnel, veterans and their families. The Government are to be congratulated on bringing it into statute in this carefully considered manner. For the convenience of any debate, I formally move Motion A1, having made clear my intention about Amendment 6B.

[Lord Touhig]

My Lords, I welcome the statement from the Minister this evening about the Pingat Jasa Malaysia medal and the independent review of the operation of the HD committee. We have battled on this issue for years in the other place. Here in the House of Lords—I do not want to enter into the debate about a future appointed or elected House—we have achieved something that the elected House did not manage to achieve regarding the Pingat Jasa Malaysia medal. It is a great credit to all concerned that we have been able to do that.

I also think that the Minister’s statement tonight sends out the positive message to a close and dear ally in Malaysia, a Commonwealth ally, that we respect the generosity of the king and the people of Malaysia in honouring those British servicemen who fought in that country. I certainly welcome the independent review of the HD committee. I can see that it has a difficult job but I am not entirely happy with the way that it has done it.

I do not think there is anyone in this House who does not have the highest regard and affection for Her Majesty the Queen, and no one would want to put her in a difficult position regarding the question of honours. I feel that it is the actions of the HD committee that have embarrassed Her Majesty in this respect by the way it advised her that the veterans should accept the medal but not wear it. Thankfully, that is being resolved this evening.

I am a great believer in fate, in the sense that I think that sometimes one faces an issue or a problem and someone comes along and solves it. I pay tribute to the Minister because I am not sure we would have achieved this without his personal efforts. He has been hard-working, honourable and decent throughout this whole thing and has strongly represented the views of this House, and of many others outside, with regard to the veterans.

I join the noble and gallant Lord, Lord Craig, in his praise of the Minister’s team because they have assisted the Minister in bringing about this decision. I cannot speak highly enough of the regard I have—and I am sure the whole House has—for the Minister. As for the noble and gallant Lord, Lord Craig, he has led from the front. He has been persistent and pushed hard, and worked with the Minister and lobbied. I do not know how many meetings he has had with the Minister, and I have to weigh the e-mails I have had from him about the progress he has made on this issue. We owe him a great deal.

I do not wish to detain the House any longer at this late hour. I can honestly say that as a Parliament and as a country, as a result of the Minister’s statement tonight on the veterans of Malaysia, we have redeemed our honour.

[Baroness Finlay of Llandaff]

My Lords, I briefly add my thanks to those expressed by my noble and gallant friend Lord Craig of Radley to the Minister for his personal commitment to the Armed Forces and the veterans, his personal commitment to ensure that this House had a Bill that is now moving forward to become an Act in a much better condition, and the tireless way with which he and the Bill team have made themselves available to us all. Of course I am glad that he managed to negotiate that the amendment over inquests for military personnel was incorporated. The joy over that must not be diminished by disappointment over the defeat last night over the issue of the chief coroner—that is for another day. For tonight, sincere thanks are due to a Minister who has shown enormous commitment and has worked with us in this House to improve the workings. This has been this House at its best, and we are all grateful to him.

Armed Forces Bill

Lord Touhig Excerpts

Monday 10th October 2011 Lords Chamber

[Lord Touhig]

My Lords, I support the amendment moved by the noble and gallant Lord, Lord Craig—in particular, his remarks about the Pingat Jasa Malaysia medal. This has been a running sore for far too long, and it is about time that we sought to heal it. I have been a long-time critic of the Committee on Honours, Decorations and Medals, the so-called HD committee, which advises Her Majesty the Queen on these matters. As has been said, the committee advised Her Majesty that the veterans of the Malaysian campaign should accept the medal but must not wear it. Over the years, like others, I have tabled Parliamentary Questions. When I sat in the other place, I obtained an adjournment debate and tabled EDMs, all to no avail: the rule still stands.

If any of us were to walk down any high street in Britain today and stop a complete stranger and say, “Do you know that this country has allowed veterans who fought in the jungles of Malaysia to accept a medal from the King of Malaysia but they must not wear it?”, they would think you were “dwp”—a Welsh word meaning daft in the head. British soldiers gave their lives in this campaign. We are told that this cannot be changed because of the five-year rule and the double medalling rule. We now discover that these are not rules at all but merely conventions which the HD committee operates. We are here this afternoon in the glorious surroundings of this magnificent Chamber of the House of Lords and yet only halfway round the world in Afghanistan somebody’s husband, son or father is risking his life for us as a country in defending British interests. What sort of message do we send to these brave young men when we say that someone who fought for our country over 50 years ago should be treated so dishonourably?

I recognise that the HD committee has a difficult task. I have done my best to understand how it reached its decision. I have attempted through freedom of information requests to discover how this has happened, but I have been totally thwarted by the Cabinet Office. However, we have a chance to do something about this today. This is the Parliament of the United Kingdom. It is a privilege to sit here, whether in the elected House down the corridor or in this House. People in this country still expect Parliament to do something about righting a wrong or ending an injustice. I believe this should be a free vote in both Houses. If your Lordships’ House was to carry this amendment today, I have no doubt that on a free vote down the corridor it would be passed overwhelmingly by Members there. If ever there was a case for parliamentarians to be allowed to use their conscience, this is one. This is about how we respect and treat those who have served our country. The Minister is a good and decent man and well thought of all around the Chamber. We know he has worked hard to try and resolve this matter and we certainly wish him well. But this is a case when the Executive should stand aside and Parliament, unfettered by the Executive, should speak for the people of Britain.

[Lord Newton of Braintree]

My Lords, I declare an interest in that I chair one of the honours committees within the mainline honours system, although happily it has nothing to do with this. However, because of my familiarity with that system and some of the problems that can arise between us and Commonwealth countries, I feel at least entitled to express the view that I cannot see a single good reason for allowing somebody to accept a medal and not be able to wear it. I can see circumstances in which you might refuse to allow them to accept a medal for whatever reason, but I cannot see how you can say, “You can have this medal but you must never put it on”. I think this needs looking at.

Armed Forces Bill

Lord Touhig Excerpts

Tuesday 4th October 2011 Lords Chamber

[Lord Craig of Radley]

My Lords, I thank the government Chief Whip. The noble Lord, Lord Wallace of Saltaire, winding up the Second Reading debate on this Bill and the noble Lord, Lord Astor, in a letter to me during the Summer Recess both agreed that it was inappropriate to insert the new section that appears in Clause 2 of this Bill after Section 359 in the 2006 Act because Section 359 dealt with pardons for servicemen executed for disciplinary offences in World War I. I had suggested at Second Reading that the new section in Clause 2 would be better placed in Part 14, which has the collective title “Enlistment, Terms of service etc”, relying on the “etc” to accommodate the new section. Part 14 heads the second group of parts in the 2006 Act.

However, in Committee the noble Lord, Lord Astor of Hever, retracted his acceptance and averred that no relationship is implied by that positioning in the Act. I sensed, and in a letter to me the Minister has confirmed, that government business managers are anxious to avoid returning the Bill to another place. It—or at least Clause 1—has to be given Royal Assent by 8 November, otherwise all three Armed Forces will have to be declared redundant. That will not happen, I am certain.

Bringing the Report and Third Reading dates forward is tacit admission by government business managers that improvements to the Bill, and particularly the issues addressed in the next and other amendments, are called for, and so more time is now available to get the Bill right.

I would hope to avoid further time and argument in favour of my new amendment if the Minister would indicate agreement for tabling the changes that I propose for Third Reading. Need I do more than remind him and the House of the strength of support for incorporating the covenant into legislation expressed by Mr Cameron? For example, quoting from the No. 10 website, he said:

“Our service personnel make an extraordinary contribution to British life … So all of us—the Government, the private sector, and the voluntary organisations—need to go the extra mile for them”.

He also said:

“The high esteem we all have for our armed forces will soon be given the recognition it deserves—as part of the law of the land”.

That is but one of the many supporting statements made by the Prime Minister and the Secretary of State for Defence about incorporating the covenant into statute. Surely the covenant must be given greater prominence in the revised 2006 Act, as my amendment proposes. It seems both mean and hypocritical to speak so strongly of support for the covenant and then to park the single statutory reference to it at the tail end of the 2006 Act and a group of miscellaneous sections that wind up the end of Part 17 of the second group of parts also entitled “Miscellaneous”.

Is not the covenant worthy of more than that, worthy of its own part in the revised 2006 Act? I hope that on reflection, and given the need to improve the wording and thrust of Clause 2, the Minister will agree to table an amendment at Third Reading. If not, I fear that all the Minister’s briefs are headed, “Resist” as the Government seek to steamroller this Bill through without having to return it to the Commons. Surely on a Bill of this non-partisan nature, and with the opportunity to review and revise the Armed Forces Act only once every five years, the Government must take note and accept the need for some revision of the Bill as it now stands. To resist every amendment negates all the praise and support that they say they have for the Armed Forces. Are the Government so insensitive to the needs of the forces, whose morale is reputedly shaken thanks to recent cutbacks, enforced redundancies and insensitive handling of personnel issues? The Armed Forces have performed their role with great valour and commitment on long-duration operations. Surely business managers can be less po-faced and will find the very limited time necessary to revise some details of the Bill, and get it right for the next five years. I beg to move.

[Lord Touhig]

My Lords, much has been said on Second Reading and in Committee about the matters which should be included in the Secretary of State’s annual report on the covenant. We have also looked at the question of auditing the operation of the covenant. Amendment 2, in my name, seeks to address these matters.

A great deal has been said about the role of the covenant reference group and I want to build on the responsibilities of the group by ensuring that it is given ample notice of the matters that the Secretary of State wishes to include in his annual report. I believe that that can be best done by the Secretary of State publishing the list of matters to be included in plenty of time. The covenant reference group should then be given time to consider the list and add to it if it thinks it right to do so. The Secretary of State should then be obliged to report on the additional matters referred to him by the group.

I have no doubt about the good intentions of the Secretary of State in coming forward with a proposal for an annual report but for that report to be credible, there must be an opportunity for matters other than those that the Secretary of State thinks should be included to be put into the report. My proposal is modest and there is a precedent for it. As a former member of the Public Accounts Committee in the other place, I recall that each year the Comptroller and Auditor-General, on behalf of the National Audit Office, would draw up a list of investigations that he intended to carry out in the year. That would then be submitted to the Public Accounts Committee, which would have the opportunity to comment, amend or add to the list of inquiries that the Comptroller and Auditor-General would wish to investigate.

My amendment does not represent a major change to the Bill and I feel sure that if the Government reflect on it, they will see it is a step forward to greater participation and involvement of those most interested and concerned about the welfare of our serving men and women and our veterans.

We also hear a great deal these days about transparency in public life and my amendment underpins that. Involving the covenant reference group in the way that I am suggesting will act as a form of audit for the Government which would benefit us all and certainly answer a number of the concerns that several noble Lords have expressed during Second Reading and in Committee.

--- Later in debate ---

[Viscount Slim]

My Lords, while we were in Committee in your Lordships’ Chamber, there was a very fine debate on the Commonwealth and how it could be brought closer together and how we could enhance it. There were some excellent speeches. I think this whole question, put by the noble and gallant Lord, of Commonwealth decorations and medals received would bring the Commonwealth even closer together. After all, in the past three years, one New Zealander and two Australians got the Victoria Cross. There seems to be no problem about them participating; they are from the Commonwealth.

The Foreign Office and the Ministry of Defence have missed a point or two about the PJM medal of Malaysia, which is in dispute at the moment. The HD Committee, which I feel is the right way to go about these things, and I have said so in Committee, has missed a trick. Here is a Muslim nation—sophisticated, democratic and ably led—offering in gratitude a medal of thanks to all our veterans. That is really what it is. It is about the only nation I can think of that we have left that has thanked us like this. Of course, history shows, as many noble Lords will recall, that the gratitude comes from the fact that while the terrorist campaign was going on, and the British were definitely running that, it gave the Malays time to make their Government and to build their democracy.

As I said in Committee, I do not think that the HD Committee advised the Sovereign well. I would put it no stronger than that because I would not wish to embarrass the Sovereign in any way. We have not been very clever, as the noble Lord, Lord Ramsbotham, says, in the way in which we have treated the veterans in rather rude, grubby and unfriendly letters that say, “You can do this but you can’t do that”. There is discontent among those veterans. They are old men and women now. Many in the Brigade of Gurkhas spent 15 years of their lives in Malaya, and they are not allowed to wear the medal. Many British service men and women in the 11-year period went back one, two, three more times. This is giving, and this is service—to Britain and to Malaysia. The noble Lord the Minister wears such a medal himself. I know that he puts it on the inside of his jacket when he goes out and makes sure that he has it on. I say to the noble Lord the Minister that if I appeared in front of the Agong or any of the Malayan generals whom I know, respect and look up to and I was not wearing a PJM, they would be very offended.

Let us ask the noble Lord the Minister to refuse the recommendation and look at this again. The HD Committee should not be too proud to change its mind. As the noble and gallant Lord, Lord Craig, said, we are moving on and things are different from how they were in wartime and in the early days after World War II. The noble Lord the Minister wears his general service medal bravely and proudly for his time as an excellent cavalry officer in Malaysia. I ask him to look again and not to let the civil servants rule him all the time.

[Lord Touhig]

My Lords, I support the amendment of the noble and gallant Lord, Lord Craig. The issue of the Pingat Jasa Malaysia medal is a stain on the honour of Great Britain. This is no way to treat our veterans. They are told that they can accept a medal awarded by His Majesty the King of Malaysia but that they must not wear it. The decision was based on advice to Her Majesty the Queen from the Committee on the Grant of Honours, Decorations and Medals. I have been involved in this matter, with other noble Lords and noble and gallant Lords, over the years. We were told that one reason why the HD Committee reached its conclusion was the double-medalling and five-year rule. However, the double-medalling and five-year rule was set aside in order that the men could accept a medal and then reimposed to prevent them wearing it. This is appalling. To add further shame, the Committee on the Grant of Honours, Decorations and Medals then advised that they should wear it for one week when they were invited to return to Malaysia for the celebration of its 50th anniversary of independence. What an appalling way to treat our veterans.

Mention has been made of the way in which some veterans had communications from various departments and civil servants. I have a letter from a veteran who said that he was advised by a civil servant that he could stuff his PJM back into his Kellogg's packet because the medal’s status meant nothing. What a way to talk to somebody who fought for our Armed Forces in the jungles of Malaysia but not in the jungles of Whitehall. I have sought, through freedom of information legislation, more information on how the Committee on the Grant of Honours, Decorations and Medals reached its decision. Members often do not meet; they communicate and reach their decisions by e-mail. It is a good thing that we did not have e-mails in 1957 at the start of the Malaysian campaign, or some of the boys we wanted to send might have said, “I’m not going but I’ll send an e-mail of support”. This is an appalling way to treat our veterans.

In a few weeks, on November 11, we will remember those who gave their lives for Britain. There could be no better time to take stock and say, “We’ve got this wrong, we need to review this and ensure that these boys are able to wear a medal that they richly deserve”. I know that the noble Lord the Minister feels this in his heart. I echo the comments made by the noble Lord: set aside the advice given by civil servants and anybody else. The right thing to do is to let our boys wear a medal. Let us—as a Government, as a Parliament and as a country—honour them in the way that they deserve.

[Lord Palmer of Childs Hill]

My Lords, I will speak to Amendment 14. I waited until everyone had spoken on Amendment 13. This does not stop me saying that I agree entirely with all noble Lords who spoke on that amendment. I hope that the Minister will change his mind.

I will talk about a national defence medal. We have heard very poignantly about medals for gallantry, for campaigns and for being in the armed services. However, since the end of the Second World War there has been an inconsistency and an injustice in medallic recognition. Noble Lords have spoken about medals they and others received, but many people in the armed services have received no medals. I found some amazing cases in my research. The Minister talked earlier about spreading good practice. It would spread good practice if we had a national defence medal issued to those who served in the Armed Forces. I thank the Minister and his colleagues who have given us a lot of verbal and written information on the subject. One civil servant commented that there were 4 million such veterans. Not all would apply for the medal, but the fact that there are 4 million veterans shows that this is an incredible group of people to whom we owe a debt of honour. In the United States they would all be in a veterans’ organisation and very powerful politically. I am afraid that the only politics here is today in your Lordships' House.

A number of people do not support such a medal. This was also the case in Australia and New Zealand, where a very vocal minority opposed it. However, the medal was introduced and I believe that it is very successful and appreciated. I feel that I am on a losing wicket in trying to get this incorporated into the Bill. However, at the very least we should have a medal review that is independently chaired, transparent and open and that consults veterans. Sadly, the MoD review, which has been going on for a long time, is seen by veterans as flawed. The draft report that has been wandering around for a long time has been greeted with little enthusiasm.

The reality is that of 7,500-plus e-petitions on the government website, the one requesting a national defence medal ranks 46th. Of the 60-plus e-petitions that affect the Ministry of Defence, the one calling for the introduction of a national defence medal comes top. It would be extremely popular and symbolic if this came as part of the five-year review of the Armed Forces Bill. The cost would be about £2.50 per medal. Is that what is stopping this? Why can we not have this symbolic recognition of people's service to their country? I hope that the Minister will at least pursue an independently chaired committee that will be transparent. It may in the end decide not to have a medal, but at least the veterans will see that the decision has been made transparently and not in the back rooms of power.

Armed Forces Bill

Lord Touhig Excerpts

Tuesday 6th September 2011 Grand Committee

[The Lord Bishop of Wakefield]

My Lords, I shall speak to Amendment 2, which is in my name and co-sponsored by the noble Lords, Lord Ramsbotham and Lord Touhig. Perhaps I should begin with a mild apology for being slightly overdressed for this Room but, with the warning that there might be a Division, there would not be time to get backstage to get sorted out in time for that.

I begin by thanking the Minister for making so much time available earlier today in his “open house” at which this amendment was given the chance of some airing. It was a most constructive lead into this debate and confirms the willingness of Her Majesty’s Government to engage in dialogue over the Bill. At Second Reading, the introduction of Clause 2 was welcomed generally by this House. However, there remains a concern from a wide compass of people as to whether the reporting mechanisms envisaged in Clause 2 are sufficiently robust and adequately objective. In earlier debates and in the very helpful briefings arranged by the Minister, I have raised this issue.

Perhaps a key to our discussions is the covenantal relationship between the nation, the Government and the Armed Forces. Covenant is a concept with clear foundations within the Jewish and Christian religious traditions. Essentially, it is rooted in trust between various parties. Such trust is made secure only by setting the covenant within properly defined parameters.

This amendment seeks to address two issues. It is notoriously difficult for any institution or organisation to stand outside itself in an objective critical fashion. This is to expect more than is reasonable from either the Ministry of Defence or the Secretary of State. But a second issue is of equal importance. Vital in all our discussions is the proper, just and generous treatment of veterans, which has been referred to already today. The media have had a field day in the past couple of years in focusing on untreated post-traumatic stress disorder. This is of course a crucial matter to address but, as we have heard, the range of concern facing veterans runs far more widely than this alone. Included here will be issues relating to education, welfare and social security, and to areas relating to social services—family breakdown or even homelessness.

It is unrealistic to expect the Ministry of Defence and thus, by virtue of that, the Secretary of State, to have the ability to respond in each of these areas, including health and notably post-traumatic distress. The MoD has neither the competence nor the facilities to cover this enormous range of challenging concerns. There must be one integrative reviewer who can bring together the resources of the various government ministries. This person will need to respond to individual cases effectively and to engage with local authority provision where necessary. These are matters which each of us will have seen testing the resources in all the localities in which we live.

This amendment aims to provide flexibility in response through the presence of the independent reviewer of armed services welfare. It would allow for such findings to be reported to Parliament annually. It may be that Her Majesty’s Government, in framing Clause 2, took some of these issues and proposals into account. If so, it would be good to know why such a reviewer was not included in the proposed legislation.

Once again I want to emphasise how encouraged I have been by the willingness of Her Majesty’s Government to take the military covenant so seriously and their being prepared to move things on. None the less, at present I am clear that further strengthening is essential if the numbers of our Armed Forces, both serving and retired, are to receive what they undoubtedly deserve. I do not intend to press the amendment at this stage—certainly from how I feel things are going so far this afternoon—but I shall bring the amendment back should that seem necessary at a later stage in the proceedings.

I am most grateful to my two co-sponsors, and indeed to the noble Lord, Lord Dannatt, for their encouragement and advice on this.

[Lord Touhig]

My Lords, I have no doubt that the approach outlined in Amendment 2, spoken to by the right reverend Prelate, is one to which we should give careful consideration, which is why I put my name to it. For any report to Parliament on the operation of the military covenant to have credibility, it should be underpinned by an independent review of the welfare needs of both existing service men and women and our 5.5 million veterans. In that way the operation of the military covenant will be properly audited.

On Second Reading I was not alone, I think, in expressing concern that there are just three areas listed in the Bill on which the Secretary of State should report—healthcare, education and housing. The Secretary of State alone would decide whether to report on anything else. If Parliament enacts this Bill as it stands, there would be precious little opportunity for future Parliaments to do anything about the issues to be reported. It would be entirely a matter for the Secretary of State. In the coming years there might be many other areas of concern about the welfare of service men and women—and veterans—that should be included in a report to Parliament. The amendment tabled by the right reverend Prelate, if accepted, would afford that flexibility. In my experience, all too often Governments as a rule, Ministers in some instances, and the civil servants always like to have things buttoned down in legislation, leaving little room for manoeuvre or interpretation. I was a strong advocate for that when I sat on the other side.

The scope of this amendment would, I believe, better fit the need of implementing the covenant without being overprescriptive. Under the broad heading of “welfare”, it would be possible to widen the areas to be examined and reported on from the three specified in the Bill without the need to resort to further primary legislation.

I was also concerned on Second Reading to understand how the Secretary of State for Defence would, without being given some special powers, be able to examine and report on healthcare, education and housing for veterans when these responsibilities were held by other Ministers in the devolved Administrations and other bodies that are not answerable to him. I suggested at that time that the National Audit Office, for which I have a high regard, could carry out an independent audit. It has a fine track record and an international reputation for thoroughness. I took the view that such an audit could be presented to Parliament at the same time that the Secretary of State makes his annual report. I think that the noble and gallant Lord, Lord Stirrup, and the noble Lord, Lord Selkirk of Douglas, also supported the idea of an independent audit when they spoke on Second Reading. My experience of serving on the Public Accounts Committee in the other place taught me that there is very much merit in monitoring and auditing new systems of service delivery, and the military covenant is certainly that, which is, of course, at the heart of this Bill.

I believe that appointing an independent Armed Forces reviewer, which this amendment proposes, dedicated to looking at matters concerning the welfare of service men and women and veterans alone, is even better than my suggestion of bringing in the National Audit Office.