Armed Forces Bill

Martin Docherty-Hughes Excerpts

Wednesday 16th December 2015 Commons Chamber

[Jim Shannon]

I endorse the comments of the shadow Minister once again. As the Minister will know, we have had some fringe discussions on this issue in the Defence Committee. Furthermore, the hon. Member for Blaydon (Mr Anderson), who usually sits behind me but is not in his place, has tabled an early-day motion to highlight the issue. The Royal British Legion, as the hon. Members for East Renfrewshire (Kirsten Oswald) and for North Durham (Mr Jones) have said, has been part of the campaign and has lobbied hard.

We are all aware of some constituents who have this problem, but if I can be forgiven for saying it, the longer this goes on, the more the guys who would probably qualify for any agreed compensation are likely not to be here any more. That may sound cynical, but it crosses the minds of the potential recipients of the compensation and those of elected representatives who want to reflect the opinion that they are given by such people.

I and the shadow Minister both want to see a fair and equal distribution coming out of the compensation process—as it is for civilians, so it should be for those who have served in uniform. As the hon. Member for East Renfrewshire said when she dealt with the military covenant, these things should really happen normally, without any need for requests from this Chamber. The military covenant is clear; the negative obstacles should be taken away. Members should be able to express their opinion here on behalf of their constituents. There is an urgency about this matter because we need to put right an injustice. I just want to add my support to that of the shadow Minister and other Members who are not in their places today but would love to be here to support this request.

[Martin John Docherty (West Dunbartonshire) (SNP)]

I commend the hon. Member for North Durham (Mr Jones) for tabling the new clause. I wish to associate myself with what he said, and with what was said by my hon. Friend the Member for East Renfrewshire (Kirsten Oswald) and the hon. Member for Strangford (Jim Shannon). I also congratulate the Royal British Legion on the campaign it has been conducting over the past few months.

--- Later in debate ---

[Mr Kevan Jones]

I beg to move, That the clause be read a Second time.

New clause 9 attempts—I referred to this in the Select Committee—to remove redundant legislation from the statute book. Sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994 contain provisions relating to a homosexual act constituting grounds for discharge from the armed services. The Act repealed a provision relating to male homosexual acts and the armed forces in the Sexual Offences Act 1967.

Clearly, that has been superseded by the fact that homosexuality in itself is not now grounds, thankfully, for being dismissed from the armed services, but the legislation referring to the armed forces remains on the statute book. I am not for one minute suggesting that anyone involved in a homosexual or heterosexual act in the course of their service should not be disciplined or could not be dismissed, but people think that it is discriminatory, and I agree, that the Act refers to homosexual acts, and not heterosexual acts in any way.

That legislation is redundant because we have moved, rightly, to ensure that members of our armed forces are not judged by their sexuality. My aim in the Select Committee and today is to find a mechanism—and I accept what the Minister said about the way forward—to take the provision off the statute book. It clearly discriminates against homosexuality, has no place on the statute book and serves no useful purpose.

[Martin John Docherty]

I associate SNP Members with the comments of the hon. Member for North Durham (Mr Jones) about the redundancy of this provision. On a personal level, I am shocked that it is still there and that homosexual members of the armed forces should be seen differently from heterosexual members of the armed forces who might be having sexual relations. Strangely enough, that seems to be a human element of sexual relations: they happen to people, whether they be homosexual or heterosexual, and no law is going to prohibit that. I want to ensure that the hon. Gentleman recognises that those on the SNP Benches fully support the new clause. We hope that the Minister will again reflect on what has been said and seek a way to take this forward.

[Kirsten Oswald]

I agree entirely with the comments of my hon. Friend. It was positive in the Select Committee to hear the universal support for the repeal of this archaic and discriminatory provision. I understand that the current law has not actually been enforced for many years, and I realise that repealing the provision is out of scope for us today. However, I join my hon. Friend and the hon. Member for North Durham (Mr Jones) in urging the Government to find a way to deal with the issue, and to do so with some urgency. It is unacceptable that, albeit unused, this provision remains. In 2015, we are better than that as a society, and our armed forces deserve the framework they operate within to reflect that and the fact that the provision is unacceptable and derogatory.