Advisory Committee on Conscientious Objectors

Mark Francois Excerpts

Friday 22nd March 2013 Written Statements

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

I am today announcing the start of the triennial review of the Advisory Committee on Conscientious Objectors (ACCO). Triennial reviews of non-departmental public bodies (NDPBs) are part of the Government’s commitment to ensuring that NDPBs continue to have regular challenge on their remit and governance arrangements.

ACCO provides advice to the Secretary of State for Defence on appeals from service personnel whose applications to leave the armed forces on the ground of conscience have not been accepted.

The ACCO review is to be conducted in accordance with Government guidance for reviewing NDPBs and will consist of two phases. Phase 1 will consider whether the function of the ACCO is still required, and whether continued delivery of that function through a non-departmental public body (NDPB) is appropriate. If phase 1 deems that ACCO should continue in its current form, phase 2 will review the current governance arrangements to ensure that it is complying with recognised principles of good corporate governance.

The aim is to complete the review and announce the outcome within 12 weeks.

Recruit Trainee Survey

Mark Francois Excerpts

Friday 22nd March 2013 Written Statements

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

Today I am publishing the 2011 recruit trainee survey annual report. All recruits and trainees passing through phase 1 and 2 training are offered the opportunity to participate in the survey which is anonymous and administered independently on behalf of the services by an external contractor.

The annual report contains the views of recruits and trainees about topics such as the preparation for joining, their treatment during phase 1 and 2 training, food, accommodation, access to instructional and welfare staff and complaints procedures. Overall the results are positive and importantly the findings are used by service training headquarters and units to monitor the training environment and make improvements.

I am placing a copy of the full “Recruit Trainee Survey 2011 Annual Report” in the Library of the House.

Service Complaints Commissioner’s Fifth Annual Report

Mark Francois Excerpts

Thursday 21st March 2013 Written Statements

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

I am pleased to lay before Parliament today the Service Complaints Commissioner’s fifth annual report on the fairness, effectiveness and efficiency of the service complaints system.

Since the introduction of the service complaints system in 2008, the commissioner has played a key role in the development of, and the improvements made to, the complaints process. This contribution is recognised by the Ministry of Defence (MOD) and the services, and the role of the commissioner is now firmly established as an important part of our complaints system.

I and the service chiefs remain fully committed to the continuous improvement of the complaints process and the manner in which we handle complaints. Notwithstanding that the SCC cannot yet assess the complaints system as fair, effective or efficient, I am pleased that this report acknowledges the progress and changes that have been made by the services in 2012 and those planned for 2013. We will continue to work closely with the commissioner to ensure the complaints system is one in which service personnel and their families have confidence.

I will respond formally to the commissioner once MOD has considered fully the findings of the report and the recommendations made.

Arctic Star and Bomber Command Clasp

Mark Francois Excerpts

Tuesday 26th February 2013 Written Statements

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

I am pleased to be able to provide further details of the new Arctic Star and Bomber Command clasp to the House today. This follows Sir John Holmes’ independent medal review and the announcement by the Prime Minister, on 19 December 2012, that these awards should be made in recognition of the great bravery of those who contributed to two very significant campaigns of world war two.

Since the Prime Minister’s announcement, I have ensured that the necessary work on matters such as design, manufacture and eligibility criteria has been undertaken as quickly as possible in order to get medals and clasps to veterans and widows as soon as we can. We estimate that up to 120,000 veterans or next of kin could be eligible for the Arctic Star and 125,000 for the Bomber Command clasp.

Her Majesty the Queen has now approved designs for the new awards on the basis of recommendations made by the Royal Mint advisory committee. The design for the Arctic Star is based on the other world war two stars and the Bomber Command clasp, to be worn on the ribbon of the 1939 to 1945 star, follows the design of the Battle of Britain clasp.

Production of both awards is now getting under way and we should be in a position to present the first awards in a few weeks time. Both the Arctic Star and Bomber Command clasp are available to veterans and to the next of kin of those who are deceased. Priority in issuing the awards will be given to veterans and widows. Other next of kin may also apply now but will have to wait slightly longer to receive their award.

The qualifying period for the Arctic Star is “service of any length” recognising the particular severity of the conditions experienced by those who served in the Arctic. While the primary intent is to recognise those who served on the Arctic convoys, eligibility is extended to include all who served north of the Arctic circle in world war two. Those eligible will include members of all three services as well of course as the merchant navy who crewed the ships taking the vital supplies to Russia.

The criteria for the Bomber Command clasp requires prior qualification for the 1939 to 1945 star, to which it will be affixed, with the additional requirement to have flown at least one operational sortie with a Bomber Command operational unit. A clasp was deemed more appropriate, by Sir John, in the case of Bomber Command as aircrew had already received either the aircrew Europe star or the France and Germany star and another medal would have constituted “double-medalling” for the same service.

Eligible veterans and next of kin are now encouraged to apply for the new awards and details, including an application form, can be found at: www.veterans-uk.info or by telephoning the MOD medal office on 08457 800 900, a local rate number.

Details of the designs of the Arctic Star and Bomber Command clasp and the eligibility criteria have been placed in the Library of the House.

Oral Answers to Questions

Mark Francois Excerpts

Monday 25th February 2013 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

4. What steps he is taking to encourage other Government Departments to support the armed forces covenant.

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

As stated in December in the first formal annual report on the armed forces covenant, by enshrining the principles of the covenant in law and establishing a Cabinet-level Committee to oversee progress, we are embedding the covenant across Whitehall. The Cabinet Sub-Committee on the Armed Forces Covenant, led by my right hon. Friend the Minister for Government Policy, was formed in February 2012 to oversee the covenant programme of work and ensure that momentum is maintained. It provides a forum where Ministers can discuss the commitments owned by their Departments. It met four times in 2012 and has already met this year, a meeting that I attended.

[Mr Buckland]

I thank my right hon. Friend for that answer. What further work is being done to reinforce at local level the need to address veterans’ issues, for example through work with housing associations, many of which have tenants who are veterans, some of whom are in a vulnerable position?

[Mr Francois]

More than 250 local authorities have now signed community covenants, and housing is one issue that is often covered in them; it is covered, I believe, under section 4 of the Swindon community covenant. If veterans have particular problems with housing, as well as contacting their local council and housing associations they can contact the Ministry of Defence’s veterans welfare service, which is part of the Service Personnel and Veterans Agency and can assist them with their inquiries.

[Gemma Doyle (West Dunbartonshire) (Lab/Co-op)]

The Government have been tested on how seriously they take the armed forces covenant by the issue of the bedroom tax, and they have failed that test. The right hon. Gentleman has finally admitted, in a letter to my hon. Friend the Member for Scunthorpe (Nic Dakin), that some armed forces families, including those of reservists, could be affected by the bedroom tax, but he does not know how many. Now that we know that some armed forces families will be punished by the bedroom tax, why does he think the families of prisoners and of students should have a year’s exemption, but not armed forces families?

[Mr Francois]

It is believed that very few, if any, full-time service personnel will be affected by the new policy of the Department for Work and Pensions as the overwhelming majority will be living in service accommodation provided by the Ministry of Defence. I have met Lord Freud at the DWP to discuss the issue in detail, and we believe that the number of service personnel who will be affected, either regular or reserve, will be really quite small.

[Andrew Selous (South West Bedfordshire) (Con)]

5. What steps he is taking to help families of service personnel find work.

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

We recognise that the mobile lifestyles of service personnel can create a particular difficulty for working partners who may have to give up their own jobs. The Government are committed to addressing such disadvantages, including through Jobcentre Plus armed forces champions to assist service families in finding employment, and through easier access to several Jobcentre Plus benefits and services, such as early access to the Work programme of the Department for Work and Pensions. However, we would like to do more. The new employment model that we are currently developing is intended to create a more stable family life, which in turn should help family members find work.

[Andrew Selous]

I spoke to a service wife this morning who told me that she and other wives at their base believe that they are at a real disadvantage when looking for work. They worry about saying what their husbands do, and even about giving their address. These are special people to whom we owe a debt of care. What more can we do to help them?

[Mr Francois]

My hon. Friend raises an important issue, and the armed forces covenant report 2012 points out that for spouses and partners

“despite the generally difficult economic situation, we have seen increased levels of full time employment—from 34% in 2011 to 38% in 2012—and the number of partners reporting difficulty finding a job because of employment history has decreased from 25% in 2010 to 16% in 2012.”

In addition, the Government plan to make an announcement shortly on regular Army basing, which should help to provide greater stability in future for service families.

[Andrew Gwynne (Denton and Reddish) (Lab)]

Has the Minister considered having a Jobcentre Plus at each service accommodation site to ensure that service families are not disconnected from the services they require to help them get back into work?

[Mr Francois]

I understand the hon. Gentleman’s question, but we already have a network of armed forces champions in DWP districts and a number of jobcentres. We attempt to meet the requirement by doing things that way round, and we believe that it works.

[Ian Mearns (Gateshead) (Lab)]

6. What plans he has for the non-equipment defence budget.

--- Later in debate ---

[Steve Rotheram (Liverpool, Walton) (Lab)]

12. What support his Department provides to gay people serving in the armed forces.

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

A wide range of support is available to lesbian, gay, bisexual and transgender members of the armed forces, including LGBT forums and an employee network site, Proud2Serve, which provides them with a key communication tool. In addition, all members of the armed forces are supported by a network of equality and diversity advisers, who are trained to provide support on a range of equality and diversity issues.

[Steve Rotheram]

At the turn of the millennium, the previous Labour Government ended the ban on homosexual men, lesbians and transgender personnel serving in our armed forces. Given that only one of the Minister’s Defence colleagues voted in favour of equal marriage, can he explain what message he thinks that sends about this Government’s commitment to equality in our armed forces?

[Mr Francois]

I remind the hon. Gentleman that that was a free vote. With regard to the other issue he raised, we intend to introduce an option for members of the armed forces to record their sexual orientation on our joint personnel administration system if they so wish. I take it that that is a change he would welcome. In the meantime, we have expanded our recruit trainee survey to give personnel the option of providing their sexual orientation if they wish to do so.

[Neil Carmichael (Stroud) (Con)]

13. What steps he is taking to improve defence procurement.

--- Later in debate ---

[Andy Sawford]

Why do the Government think it right that the pension age for firefighters in the defence fire and rescue service is to be aligned with the civil service pension age, rather than with the age for civilian firefighters, given that the job done by those serving in our defence services is no less dangerous, and certainly no less physically challenging, than that done by other firefighters?

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

Lord Newby has been leading negotiations on behalf of the Treasury as the Public Service Pensions Bill has gone through another place. We are now working with our colleagues in the Cabinet Office and the Treasury to understand the implications of the amendment made to the Bill in the House of Lords, which I believe is at the heart of the hon. Gentleman’s question. We are currently considering how to respond.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

T3. My hon. Friend will be aware of recent problems caused by former military personnel accessing the MOD estate. Will he tell the House what measures he is going to implement to deal with this matter?

--- Later in debate ---

[Diana Johnson (Kingston upon Hull North) (Lab)]

T8. Bearing in mind what the Minister said about the military covenant and the Liberal Democrats’ 2010 campaign for a fair deal for our troops, will he now publish the impact assessment—which I am sure he undertook—of the effect of the bedroom tax on the armed forces, and the actual numbers affected?

[Mr Francois]

I have to say to the hon. Lady that I believe that she and some of her parliamentary colleagues are becoming over-excited about this. We have discussed it with the Department for Work and Pensions, and we believe that a very small number of service personnel will be affected, but we will continue to keep the matter under review.

[David Mowat (Warrington South) (Con)]

T5. Since 1990, the Army has been reduced by about 40%, but officer numbers are down by less than 30%. Indeed, there are more colonels now than there were then. Is there more that we can do to ensure that the cuts are proportionate?

[Heidi Alexander (Lewisham East) (Lab)]

T9. The Minister for defence personnel will know that for the past two months I have been trying to secure a meeting with him to discuss the financial losses faced by Army officers who are being made redundant shortly before their immediate pension point. To date, he has not agreed to such a meeting. Will he do so today? If not, can he tell me how members of our armed forces should raise their concerns with this Government about broken promises on their conditions of service?

[Mr Francois]

I recently wrote back to the hon. Lady on this precise subject. I hope she has received the letter—she is nodding, and says that she has. I have also written to Ms Jayne Bullock, who wrote to me originally, and to a number of other servicemen’s wives who have campaigned on the matter. I remind the hon. Lady and others who support the so-called taper model, which a number of people have argued for, that we used that model for redundancies up to 2005-06, when the previous Government abandoned it.

[Jeremy Lefroy (Stafford) (Con)]

T6. Last year, with colleagues, I visited the British peace support team in Nairobi. Does the Secretary of State agree that the valuable work it does at the international mine action training centre and in training peacekeepers from the east African armed forces plays a vital role in helping to bring about the stability that is essential to economic, social and political development?

--- Later in debate ---

[Andrew Stephenson (Pendle) (Con)]

T7. Constituents of mine, including Councillor Jenny Purcell, have raised with me the worrying case of soldier Harry Killick, who suffers from post-traumatic stress and has received recent press coverage. What steps is my right hon. Friend taking to provide support for personnel with post-traumatic stress disorder, such as Harry?

[Mr Francois]

The case of Corporal Killick is still before the court, with sentencing deferred pending advice on his mental health. I hope that the House will appreciate that it would therefore not be appropriate for me to comment further today. However, in general terms, when on operational deployment members of the reserve forces, such as Corporal Killick, have access to the same extensive range of mental health counselling and treatment as their regular colleagues, including access to mental health professionals in theatre and treatment in military-run departments of community mental health, if necessary. This issue is a priority for the Government, who have invested £7.2 million in it.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

In response to my hon. Friend the Member for Gateshead (Ian Mearns), the Secretary of State said that he had “right-sized” the Army in line with the defence budget. How would he rebut the suggestion that that sounds like the strategic defence review was not strategic but budget-driven?

--- Later in debate ---

[Graham Evans (Weaver Vale) (Con)]

My hon. Friend has worked hard on the award of the Arctic Convoy Star medal to veterans of the second world war Artic convoys. He will appreciate that time is of the essence, so will he pledge to complete the necessary processes as soon as possible so that the remaining Arctic convoy veterans can receive their hard and bravely earned recognition?

[Mr Francois]

I thank my hon. Friend for that pertinent question. I am pleased to tell the House that since the Prime Minister’s announcement, considerable progress has been made on the introduction of the Arctic star. I hope to make an announcement very shortly on the design, eligibility criteria and application process for the new award. Similarly, I hope to make an announcement about the Bomber Command class at the same time. Both categories of men served their country with great distinction and it is right that we recognise them.

Armed Forces Independence Payment

Mark Francois Excerpts

Thursday 14th February 2013 Written Statements

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

In July 2012, the Prime Minister announced that the Government would introduce a new benefit that would provide additional financial support to seriously injured service and ex-service personnel. The Ministry of Defence (MOD) and the Department for Work and Pensions (DWP) are working together to introduce the armed forces independence payment (AFIP) on 8 April 2013. The respective Secretaries of State agreed that MOD will legislate to create AFIP and DWP would administer and pay AFIP.

AFIP is designed to support the most seriously injured. It will be payable to service and ex-service personnel who have an armed forces compensation scheme award that includes a guaranteed income payment of 50% or higher. The payment will be £134.40 per week, which is the equivalent of the enhanced rates of the daily living and mobility components of personal independence payment (PIP). Those receiving AFIP will have access to other benefits in a similar way to those receiving disability living allowance (DLA) now or PIP in the future. In addition, they will not be subject to reassessment and their payments will continue if their circumstances change, for example if they enter hospital or a care home. Those receiving AFIP cannot claim other DWP disability benefits such as DLA or PIP.

AFIP is an example of the Government delivering on their commitment to uphold the armed forces covenant. MOD and DWP will track the progress of AFIP and will report on its implementation in the armed forces covenant report 2013.

Army Career Offices (Wales)

Mark Francois Excerpts

Wednesday 13th February 2013 Westminster Hall

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Bayley, not least because you yourself come from a constituency with strong military connections. I am sure that you have some empathy with some of the points that we are debating this afternoon from both sides of the argument.

I want to congratulate the hon. Member for Islwyn (Chris Evans) on securing the debate. I assure him that the Government place a high value on the quality and dedication of Welsh recruits who join our armed forces. I want to pay tribute to members of the armed forces from Wales who have made the ultimate sacrifice in protecting the security of the United Kingdom—a sacrifice that we will never forget.

I am delighted to be joined in the Chamber by the Under-Secretary of State for Wales, my hon. Friend the Member for Preseli Pembrokeshire (Stephen Crabb). I know that he takes a keen interest in the matter, and he has discussed the issue with me before the debate.

[Wayne David]

He is a Whip, too.

[Mr Francois]

The Whips Office, in which I, too, have had the privilege of serving, is a noble estate. Remember our corporate motto: “We are from the Whips Office, and we are here to help.”

Wales and the Welsh people play a large and important part in our armed forces. From a population that represents just under 5% of the total UK population, Wales has consistently provided between 6% and 7% of total recruits to the British Army each year, so it is fair to say that Wales punches above its weight. Additionally, 10 of the 22 local authorities in Wales have already shown their support for the armed forces and veterans by signing up to community covenants, and the remainder are expected to sign up this year. I am sure you would welcome that as much as the rest of the House, Mr Bayley.

We ask a great deal of the men and women who join our armed forces, and we need the right young men and women to join up. Although the regular armed forces are reducing, they are still very much open for business. The Army, for example, continues to require 7,500 new recruits a year, yet over the past decade the Army has missed the recruiting targets necessary to meet its operational requirements. To address that, the Army has entered a partnering arrangement, known as the recruiting partnering project, with Capita, which seeks to improve Army recruiting by exploiting the expertise of the private sector while retaining a strong military interface with potential recruits at key stages. The contract covers the entire recruiting and selection process for both the Regular Army and the Territorial Army and will transform the way the Army recruits officers and soldiers. In doing so—this is an important point to stress—the contract will release more than 1,000 military recruiters back to the front line, where they are needed, and deliver some £300 million in benefits over 10 years.

The recruiting partnering project will also provide a centralised recruiting operation delivered through a five-region structure using 73 Army careers centres, of which 38 are embedded within tri-service armed forces careers offices. The five current selection centres, including the Army Officer Selection Board, will be retained. To co-ordinate all recruiting activities, a national recruiting centre will be set up in the headquarters Army recruiting and training division, which is based in Upavon, Wiltshire. The centre will provide an initial point of telephone and on-line contact for early inquirers and will provide recruiting teams to co-ordinate and control recruiting activity and liaise with regional recruiters. Importantly, the centre will take on back-office administration tasks, such as reference and security checks and arranging medical screenings, thereby removing the burden of much of the administrative activity from front-line military recruiters in the regions, leaving them free to concentrate on face-to-face liaison with potential recruits.

Over the years, the Army has continually reviewed the location of its recruiting offices, and the number of offices has ebbed and flowed to meet the changing demands of the recruiting environment and the needs of the armed forces. However, the approach that is now being introduced marks a major change in our marketing methods. Following extensive consultation with the Army, the number of recruiting offices will reduce by about half to 73, which reflects that times have changed since the hon. Member for Islwyn and I left school and began looking for work. Experience tells us that today’s young people are much more likely to look online for careers guidance and advice using the many electronic devices available to them.

The UK Government have provided the Welsh Government with almost £57 million to help bring broadband to everyone and super-fast speeds to 90% of homes and businesses. The figure is more than double the amount Wales would have received had the measure been a Barnett consequential. Considerable resource has been invested to try to increase broadband capability in Wales.

[Wayne David]

That is an important point, but a tremendous number of people in Wales are still not connected to the internet. In the Caerphilly borough, for example, 37% of households have no access to the internet, which is a real problem in some of the most deprived communities, and it will not be solved overnight.

[Mr Francois]

I listen to what the hon. Gentleman says, but the programme is due to accelerate in 2013, and we will continue to work closely with the Welsh Government through the Wales Office and Broadband Delivery UK so that sufficient and appropriate measures are in place to ensure the funding is ring-fenced and monitored in order to try to achieve the objective. Further progress is needed, and I hope by referencing those points I have demonstrated that we are determined to make progress where needed.

The alternative ways in which potential recruits may now gain information about joining the Army, coupled with the national recruiting centre, will to some degree reduce the reliance on a high street presence. Capita will introduce a wide selection of contact channels to Army careers centres, including access to digital communication through social media, to meet that need.

Of course, at times there is no substitute for a face-to-face discussion, particularly for a life event as significant as choosing a military career in the service of one’s country, which is why the 73 Army careers centres will be retained. The centres will be spread across the United Kingdom to ensure that more than 90% of the population is within reasonable travelling distance, which is assessed to be less than an hour by car.

The hon. Member for Islwyn asked how we will address particularly rural locations, which is a fair point, but each of the Army’s regional brigades will have its own mobile recruiting unit to provide additional cover for rural locations in situ if there is assessed to be a particular need. So we are not relying purely on modern IT and the fixed Army careers centres. As part of the package there will be mobile teams that can take advice out to potential recruits, rather than asking them to go online or physically go to a centre. I hope he accepts that we have thought about that in some detail.

Army careers centres will be used for walk-ins off the street, for nurturing and supporting personnel as they proceed through the recruiting process and for formal interviews for both Regular Army and Territorial Army candidates.

[Nick Smith]

I hear what the Minister is saying about recruitment via the internet. Blaenau Gwent in the heads of the valleys is a good recruiter for the Army in particular, and it is about an hour’s drive down to Cardiff, depending on the route, I seek assurance that there will be a sustained campaign from the mobile units to ensure that young people in the heads of the valleys get a good chance to join the services.

[Mr Francois]

I believe we will still be able to give people a good chance to join the services, which, after all, is what we want. We will have what one might call modern IT methods for gaining information and registering interest. There will still be fixed Army careers centres where people can go to talk about recruitment face-to-face, and there will also be the mobile teams. Where those mobile teams are deployed will be partly down to the experience of recruiters, but the capability is available to go out to people where we believe that that would benefit both them and the Army. If we did not have that capability, the hon. Gentleman might rightly criticise us for not having it, but the fact is that we have it and we intend to deploy it to good use.

The fixed Army careers centres will be manned by a mix of military and civilian staff, whose combined roles will include visits to education establishments and other local liaison activities. That will allow military personnel to spend most of their time face-to-face with potential recruits, rather than on administrative tasks that can be best managed on a centralised basis. Service personnel will continue to be at the front end of the recruiting process. It is less an outsourcing of recruiting, as some have characterised it, and more of a partnership between the Army and Capita. The Army will still be an integral part of the process.

We have heard during this debate that offices in Abergavenny, Pontypridd, Bridgend, Carmarthen, Haverfordwest, Aberystwyth and Rhyl will all be closed by the end of next month. Indeed, some of them have already closed, although not all the closures were due to the recruit partnering project per se. Army careers centres will continue to exist in Bangor, Wrexham, Swansea, Cardiff and Newport to provide guidance and advice as required.

I assure the hon. Gentleman that all the closures have been managed properly and in accordance with best practice. About 300 civilian staff employed in the old offices across the United Kingdom had the opportunity to transfer to Capita, and many chose to do so. Others chose to apply for the Ministry of Defence’s voluntary early release scheme. Full and proper trade union consultation took place throughout the process. As I know that he has a background as a trade union official, I am happy to assure him, before he asks, that TUPE applied.

Members will know of the Army’s intent to raise the trained strength of the Territorial Army to 30,000 by 2018 as part of the Army 2020 transformation. I have a particular interest in the process as the Minister who will effectively be in charge of it on a day-to-day basis and because I served in the Territorial Army in the 1980s as a young infantry officer. We trained for a different war in those days—really for one scenario, world war three—so I was never mobilised for active service, I was never shot at other than in training and I have no medals, but I have the Queen’s commission on my wall at home, I have worn the uniform and I understand the ethos. I hope that the hon. Gentleman will accept that it is personally important to me.

The recruit partnering project is key to success, and I assure hon. Members that I have been taking a personal interest in how the Army are gearing up to meet the challenge. I am keen to ensure that all measures are taken to create the right conditions to grow the Army’s reserve. On Monday, I met with the Adjutant-General and his team at Pirbright as well as with senior officials at Capita, including Shaun King, its business director, to be briefed on how the process will operate. I spent some hours going in detail through how it is intended to work, so that we can meet our objectives, including having 30,000 trained members of the Territorial Army by the target date of 2018.

[Jonathan Lord (Woking) (Con)]

I fully support the reform programme that the Minister is describing. It was good to have him in my constituency at Pirbright for that meeting the other day. It is important not only to get money to the front line but keep it in top-notch training. Can he reassure me that the Army training camp at Pirbright will continue to train young soldiers from across the country?

[Mr Francois]

As my hon. Friend knows, a basing review is under way at the moment; that might underlie part of his question. We hope to make the conclusions of that review available soon, but speaking personally, I was very impressed by what I saw at Pirbright. It is a good facility delivering high-quality training to members of our armed forces, and as the local MP, he has a right to be proud of it.

I recognise the concerns of the hon. Gentleman, but I assure him that although the changes that we are making will deliver efficiencies, they are also appropriate to how society is changing and how young people communicate and access services. I am sure that many young people of Wales will continue to choose a career in the armed forces and will serve with the same bravery and distinction that generations from Wales have shown before them.

Question put and agreed to.

Defence

Mark Francois Excerpts

Wednesday 13th February 2013 Ministerial Corrections

[Jonathan Ashworth]

To ask the Secretary of State for Defence how many (a) staff and (b) special advisers in his Department have use of a Government Procurement Card.

[Official Report, 17 January 2013, Vol. 556, c. 891-2W.]

Letter of correction from Mark Francois:

An error has been identified in the written answer given on 17 January 2013 to the hon. Member for Leicester South (Jonathan Ashworth).

The full answer given was as follows:

[Mr Francois]

Currently, 11,614 Government Procurement Cards (GPC) are in issue with the Ministry of Defence. This is a reduction of over 25% compared to the figure of 16,009 GPC cards in issue in 2009. Not all cards are issued individually to staff on a one to one basis. The special advisers have not been issued with a GPC.

The correct answer should have been:

[Mr Francois]

Currently, 11,848 Government Procurement Cards (GPC) are in issue with the Ministry of Defence. This is a reduction of over 25% compared to the figure of 16,244 GPC cards in issue in 2009. Not all cards are issued individually to staff on a one to one basis. The special advisers have not been issued with a GPC.

Military Low Flying (2011-12)

Mark Francois Excerpts

Tuesday 12th February 2013 Written Statements

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

I have today placed in the Library of the House a document providing detailed statistics of the low-flying training that has taken place in the UK low-flying system for the training year 1 April 2011 to 31 March 2012. This statistical appendix may be read in conjunction with the master document “Military Low Flying in the United Kingdom” that is already available in the Library of the House.

The amount of low-flying training carried out in the UK low-flying system (UKLFS) during the training year 1 April 2011 to 31 March 2012 was the minimum required for aircrew to reach and maintain their ability to fly at low level. A total of 48,270 hours of low-flying training were conducted across all low-flying areas. In comparative terms, there was a decrease of 881 hours, or approximately 1.8% on the previous training year due to the operational deployment of fixed wing aircraft in Afghanistan and Libya. The amount of operational low flying (between 250 feet and 100 feet) by fixed wing aircraft was 134 hours, accounting for 0.3% of all low- flying activity.

Armed Forces (Prevention of Discrimination) Bill

Mark Francois Excerpts

Friday 1st February 2013 Commons Chamber

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

I am grateful to the hon. Gentleman for his kind words earlier and also for his reference to the book, which was written by the Under-Secretary of State for Defence, my hon. Friend the Member for South West Wiltshire (Dr Murrison), who is sitting on the Front Bench next to me. I am delighted to reassure the hon. Gentleman that I was present at my hon. Friend’s book launch and purchased a copy of the book from my own perhaps not quite so deep pockets. It is a very good read.

[Thomas Docherty]

I am grateful for that, and I am reassured that the right hon. Gentleman used his own money to purchase the book and did not borrow the £15 from his ministerial colleague.

As the book sets out, there have been some ridiculous examples, such as the one, when somebody in their uniform who had been at a Remembrance day service was refused service by Harrods. The Under-Secretary subsequently visited the store after a bit of a campaign in which he had been involved, and thankfully Harrods has changed its policy. I am sure, Mr Deputy Speaker, that in your own constituency and others you are aware of incidents where, regrettably, members of the armed forces have been refused service on rare occasions.

The report contains allegations that banks and building societies have turned down mortgage applications from armed forces personnel, and they have been unable to get mobile phones. I am conscious of hon. Members’ comments on previous occasions about narrowly defining Bills, so on this occasion I have not put such incidents into the Bill, but when the Minister responds I hope he will consider how widespread the problem is. The Ministry of Defence may wish to use a report mechanism to provide greater clarity on it.

I want to focus on the even more abhorrent incidents, which, thankfully, are relatively rare, but do occur, of verbal and physical abuse of members of our armed forces. No one present today and no one watching our proceedings would not condemn unequivocally the actions of a mindless tiny minority who when, for example, the coffins returned from theatre felt the need to hurl abuse and intimidate those who had gathered to pay their respects. I know that the Minister takes that very seriously.

The report also contains accounts of an RAF recruiter who reported that she had regularly faced verbal abuse. People had apparently called her a baby killer, which I am sure the House would find utterly despicable. It is such incidents that the Bill seeks to address, as well as physical assaults. I am clear, as I am sure is the House, that we are not talking about where soldiers, sailors or RAF personnel get into a fight as any other person might, but where they have been subject to an assault because of the fact that they are either in or out of uniform.

--- Later in debate ---

[The Minister of State, Ministry of Defence (Mr Mark Francois)]

It is a pleasure to follow the hon. Member for Wrexham (Ian Lucas) and I commend the hon. Member for Dunfermline and West Fife (Thomas Docherty) for bringing this Bill before the House and giving us the opportunity to discuss what we all instinctively agree is an important subject. I also pay tribute to his knowledgeable service on the Defence Committee. He mentioned the important work of the Armed Forces Bill Committee. That led to the Armed Forces Act 2011—to which I shall refer in a few minutes—which enshrined the key principles of the armed forces covenant in law. I believe that we all did the right thing in that Act, and as I shall outline in my speech, it provides us with additional powers that may come in handy in responding to this Bill.

In a debate of this kind, which is rightfully conducted in a non-partisan spirit, it is important to make clear at the outset where we agree, as well as where we might differ. I think I speak for the whole House in saying that we all hold the same view about discrimination against members of the armed forces: it is a completely unacceptable form of behaviour towards the men and women who have committed themselves to defending this country, its people and its way of life—to defending us and our families. In doing so they make sacrifices and give up freedoms that their fellow citizens perhaps sometimes take for granted. Those who discriminate against service personnel, or against other members of the wider armed forces community, succeed only in diminishing themselves. In this House we can debate the best way of combating discrimination, but there is no dispute about the objective.

Discrimination can take many forms. Some of it is thoughtless or uninformed, for example, when public services fail to take account of the special circumstances in which armed forces personnel find themselves. Some of it is based on myth and prejudice—a view that soldiers create trouble or are unreliable customers. Like the hon. Member for Dunfermline and West Fife, I do not believe that that is normally the case, but we have to accept that some people have that misperception and we must challenge it. Some discrimination or abuse stems from genuine hostility to members of the armed forces, motivated by politics or perhaps by some unfortunate personal experience. It is on that very narrow part of the spectrum that the Bill principally focuses.

The Bill would have the effect of amending section 146 of the Criminal Justice Act 2003, which lays down circumstances in which the criminal courts must treat an offence as aggravated, for the purpose of deciding on the appropriate sentence. The aggravating factors currently set out in section 146 are that the offender either demonstrates, or is motivated by, a hostility towards the victim which is based on the victim’s disability, sexual orientation or transgender identity. Section 145 of that Act is also relevant, as it allows for an offence to be “racially or religiously aggravated” when a sentence is decided.

This Bill would add a further characteristic, so that the offence is aggravated if the offender’s hostility is based on the victim “being a service person”. The subsection on the meaning of a “service person” refers across to section 343B of the Armed Forces Act 2006, which was added by the Armed Forces Act 2011 and relates to the armed forces covenant. The definition in subsection (1) of section 343B is pertinent. It states:

“service people means—

(a) members of the regular forces and the reserve forces;

(b) members of British overseas territory forces who are subject to service law;

(c) former members of any of Her Majesty’s forces who are ordinarily resident in the United Kingdom; and

(d) relevant family members.”

[Mr Nuttall]

My right hon. Friend did not mention cadets in that list. I am not sure if any guidance has been given on whether cadets would be covered by that definition, but does he think they would be?

[Mr Francois]

That is a good question. My understanding is that cadets would not ordinarily be covered per se, but they might be covered if they were a family member of a service person. We could be making law here, so it is important to understand the technicalities of the drafting. I hope that the hon. Member for Dunfermline and West Fife will understand that we have taken his Bill seriously and we have looked very carefully at the legal effect of what he proposes.

[James Duddridge]

I apologise if my right hon. Friend has already covered this issue, but I would like to ask about the many uniformed armed personnel who are not British citizens; I think of American soldiers and service personnel based in this country. They are used to wearing service uniform and being easily identified as servicemen in America, but they may also wish to receive the same protections in the UK as this Bill proposes for our own servicemen. Are they also covered?

[Mr Francois]

I must confess that in preparing for this debate I had not looked at that question. My instinctive answer is that they would not be, because the Bill relates mainly to UK service personnel.

[Thomas Docherty]

indicated assent.

[Mr Francois]

I see that the hon. Gentleman is nodding, so I hope I have that right.

Further on in section 343B, subsection (4) gives the meaning of the term “relevant family member”, but effectively allows the Secretary of State to interpret it as best fits the context. The Bill, however, replaces that discretion, for this purpose, by specifying that it should cover “any relative”. If I have understood the hon. Gentleman’s intentions correctly—I hope I have—he wishes the new provision to cover a large group of people, including all former members of the armed forces and all relatives of current or former service personnel. Offences against them would be treated more seriously, if motivated by hostility to service people.

[Thomas Docherty]

Perhaps I can assist the Minister. He will be aware, from the examples cited, that the types of occasions concerned are those such as remembrance services and funerals. That is why the Bill is so framed. He was right to highlight it, but there have been regrettable incidents at such occasions.

[Mr Francois]

Again, I can follow the hon. Gentleman’s thinking, but as I will explain it could present practical difficulties, if the Bill was passed, including for the courts. If he will allow me, I shall explain—clearly, I hope—why they might be.

We need to be clear about what the Bill will not do. Over the years, there have been reports of incidents in which hostility has been directed against service personnel because of their membership of the armed forces. Some of the actions of anti-war demonstrators, for example, fall into this category and have been widely and rightly condemned. The hon. Gentleman mentioned a protest at the homecoming parade of 1st Battalion the Royal Anglian Regiment. As that was my old regiment, I feel that particularly strongly, as he can imagine.

Those incidents should not be confused, however, with situations such as a refusal to admit members of the armed forces to a hotel or bar. These, too, have led to widespread public indignation, but it is important to recognise that the Bill does not address those situations, because they generally do not involve a criminal offence.

[Thomas Docherty]

indicated assent.

[Mr Francois]

The hon. Gentleman nods in assent.

I recognise what the hon. Gentleman is trying to do, and I have no difficulty in principle with the signal he wants Parliament to send—that offences motivated by hostility to the armed forces are serious offences—but I have considerable practical difficulty with how he proposes to send that signal. In effect, I believe that the law of unintended consequences would apply, and I will explain why in a moment.

As a general rule, before we go down the route of new legislation, we must consider whether there is a need for it. The answer in this case is, on balance, no. The courts already have a wide power in sentencing to take into account factors that make conduct more serious. Criminal acts based on an irrational hostility to a person because he or she is in the armed forces will, if anything, often lead to a higher sentence anyway.

[Mark Tami (Alyn and Deeside) (Lab)]

Does the Minister not accept that we need to send a clear message to people that such acts will be treated very severely?

[Mr Francois]

As I said, I can understand the signal that the hon. Member for Dunfermline and West Fife is trying to send, but if we are talking about changing the law of the land, we need to look at the practical effect, including on the courts. I am trying to walk the House through what might be the practical effect in the courtroom. If the hon. Member for Alyn and Deeside (Mark Tami) will bear with me, I shall attempt to develop that point.

I am aware of no evidence of courts finding that they have insufficient powers to give an appropriate sentence to an offender in this regard. I am not aware that we have received representations from the courts asking us to amend the law in this way.

In contrast, converting the flexibility that the courts currently exercise into a mandatory requirement—which is what the Bill says—would present them with practical difficulties. For example, in demonstrating to a court that the aggravating factor was present and should apply, the prosecution would need to show that the hostility was present. Perhaps that would be relatively straightforward in the case of a soldier in uniform, but the Bill as drafted extends the same protection to those not in uniform, which might be more difficult to prove. As we have seen, this provision also includes the families of service personnel and our veteran community—all 4.6 million of them, or about one in 10 of the adult population of this country.

Under the Bill as drafted, the court would presumably have to decide whether the offender was aware of that fact and whether it motivated the effect. The court might need to establish whether a victim was a relative—“any relative”—of a member of the armed forces. How are the courts to deal with a situation where an offence is motivated by excessive rivalry between different sections of the armed forces or, perhaps, a domestic dispute? A mandatory requirement for a higher sentence reduces the courts’ ability to take a sensible, common-sense approach to what is really going on in the circumstances they are examining.

[Thomas Docherty]

I regret that the Minister and I are slightly diverging in our perspectives. My concern is that some of these arguments could well have been used by civil servants who were sceptical about the provisions in the Criminal Justice Act 2003 dealing with relatives and how someone knows that someone else is gay. The Minister is a wise individual with a great deal of common sense. He knows what we are talking about, even if his civil servants do not necessarily know, and I am confident that if he was on a jury, he would know what he was looking at.

[Mr Francois]

I am grateful for the hon. Gentleman’s vote of confidence in that respect. It is kind of him. The point I am making is that his Bill would mandate the courts. My argument is that the courts already have sufficient power to increase sentences if they believe that such sentiments are an aggravating factor, but can make that choice at their own discretion. It is not as though the courts could not do that without the Bill. They already can; it is just that the Bill would mandate them to do so, which might lead to some practical difficulties.

It is also worth pointing out that there is a fundamental difference between offences provoked by hostility to the work of the victim and offences motivated by prejudice against the inherent characteristics of the victim, such as homophobic crime. Section 146 of the 2003 Act is designed to help to change deep-rooted prejudices. It would be quite wrong to suggest that such provisions were necessary in relation to the armed forces, because I do not believe that such deep-seated prejudices necessarily apply.

I have not yet mentioned what I regard as the most telling argument against the Bill: the views of the intended beneficiaries. I am not aware of any general desire in the armed forces community for legislation of this type and it has certainly never been proposed to me by any of the chiefs of staff. The servicemen and women who wear their uniforms with pride want to be respected in their communities and to be considered part of those communities, and rightly so. We should not necessarily put them in a position where they are forced to explain why they require protection in law in a way that is not enjoyed by, for example, firemen or ambulance staff. It is a firm principle of the armed forces covenant that special provision for service people may be appropriate in some cases, but I am not necessarily convinced at this stage that the way the hon. Gentleman has drafted his Bill would achieve the desired effect.

Finally, we have to recognise that the criminal law is a devolved matter. The hon. Gentleman is aware that this is a difficult area—in fairness to him, the Bill clearly states that, as drafted, it extends to England and Wales only, so he is definitely cognisant of that—but the Bill opens the way to a situation where offences against members of the armed services could be handled differently across the UK. We have no interest in creating further anomalies of this kind. I have no doubt that the Scottish Parliament would be as firm as Westminster in its views on discrimination, but we also need to acknowledge and recognise that the question is perhaps not as straightforward when seen from the perspective of Belfast. The introduction of a provision similar to the one we are discussing today could, practically, be quite problematic in Northern Ireland under certain circumstances.

In pointing out the problems with the Bill, I would not wish the House to draw the conclusion that the Government are complacent or that we are doing nothing to counter discrimination against service personnel—quite the opposite. The armed forces covenant and the principles that we enshrined in statute in 2011 have a high profile across the whole of Whitehall and beyond. The first principle, that members of the armed forces community should not suffer disadvantage as a result of that membership, has given rise to many initiatives that are making a real, practical difference.

In the first statutory annual report on the armed forces covenant, published in December 2012, we described what we were doing to make those principles a reality. Let me give the House some examples. We are working to remove the disadvantage that the children of service personnel can face in the schools system as a result of their mobility, through the admissions code and through the service pupil premium. We have been consulting on the disadvantages faced by reservists in the workplace. We are ensuring that service personnel and leavers encounter a level playing field in access to social housing or Government-funded home ownership schemes.

At the same time, we are working to build the links between the armed forces community and the wider community, to improve the knowledge and understanding that must be at the centre of that relationship. From knowledge flows the esteem for our servicemen and women that is ultimately the most powerful way to counter discrimination. The community covenant has now been signed in over 230 local authority areas from Cornwall to the north of Scotland, signifying a real determination to strengthen ties with the armed forces. I am confident that, during the year, it will continue to gain further support. The grant scheme linked to the community covenant has allowed us to back a range of schemes that will help to put those declarations into practice. To that, we can now add the £35 million fund created as a result of the LIBOR fines, which will support charities with projects to help the armed forces and their families.

In giving the Bill careful consideration, I hope that the hon. Member for Dunfermline and West Fife will not mind me pointing out that it is not an entirely new proposal. That fact was highlighted earlier by my hon. Friend and constituency neighbour, the Member for Rochford and Southend East (James Duddridge). It is always good to see him in his place in the House of Commons. Something very similar was proposed by the then Member for Grantham and Stamford, now Lord Davies of Stamford, in his “Report of Inquiry into National Recognition of the Armed Forces” in 2008. The hon. Member for Wrexham said that he could not quite remember the details of the report, so I shall refresh his memory. On page 6, in the chapter on “Increasing Visibility”, the then Member for Grantham and Stamford said:

“We further recommend that the Home Office, Crown Prosecution Service and Ministry of Justice consider issuing guidance respectively to the Police, Prosecutors and Judiciary to the effect that where victims of violence or threats of violence are persons in military uniform, those offences should be considered aggravated by that fact.”

The Labour Government of the day responded to that report a few months later, in the name of the right hon. Member for Coventry North East (Mr Ainsworth). By then, of course, the author of the report had become a Defence Minister. Nevertheless, the Government’s response to the recommendation I have just referred to was very clear. It stated:

“We are confident…that Service personnel are properly protected against criminal offences by the criminal law as it stands.”

It went on to state that

“we do not think that a change in the law is necessary or appropriate.”

Given that robust response, I had expected the Opposition to take the same view of the Bill as we do.

[James Duddridge]

I had previously held the noble Lord Davies of Stamford in high regard, but I reassessed that because I felt that he had moved from this side of the House to the other side for reasons of naked opportunism. Is my right hon. Friend correcting me, and saying that it was not naked opportunism but related to his services to—

--- Later in debate ---

[Mr Francois]

I am grateful to my hon. Friend for that intervention. Lord Davies might have changed parties, but I will leave it to others to decide whether he has changed his mind.

Across the country, attitudes to our armed forces are positive and healthy. That is not only a good thing in itself; it is also an important contributor to morale. We should not underestimate the strength that our servicemen and women draw in doing their very difficult job from the knowledge that they have the respect and backing of their fellow citizens. They deserve it, and they earn it; we do not need to enlist the help of the criminal courts in order to engender respect for our armed forces.

[Thomas Docherty]

Will the Minister give way again?

[Mr Francois]

I am about to conclude, but I will give way briefly if the hon. Gentleman wants me to.

[Thomas Docherty]

Very briefly, is this an issue that the Minister will look at in the coming armed forces covenant report, and will he consider reporting back to the House on it?

[Mr Francois]

The hon. Gentleman pre-empts me. I was about to say that as a result of the Armed Forces Act 2011, we have a new vehicle at our disposal in the form of an annual report to Parliament—effectively a report on the state of the armed forces covenant. As I have already mentioned, we produced the first report in December last year. I acknowledge that it does not refer in detail to the issues we have been debating this afternoon. Given the concerns expressed, however, I can see the case for monitoring developments in this area, and for including any findings in the next report at the end of 2013. The focus of the annual report on the removal of disadvantage as one of the key covenant principles gives us sufficient latitude to do so. I sense no will in the House to object to our being able to achieve that.

On that basis, I hope that the hon. Gentleman will accept that my caution about the law of unintended consequences does not diminish in any way my respect for what he is trying to achieve. On the understanding that we will most definitely look at this issue in the context of the armed forces covenant report, I hope he will consider withdrawing his Bill.