Armed Forces Bill

Stephen Morgan Excerpts

2nd reading & 2nd reading: House of Commons
Monday 8th February 2021 Commons Chamber

[Stephen Morgan (Portsmouth South) (Lab)]

I want to start by echoing the contributions from across the House that have recognised and honoured the commitment and service of our armed forces, and it has been a really good-spirited debate this evening.

Labour stands firmly behind our service personnel. We are immensely proud of the role our world-renowned servicemen and women continue to play in making our country and our world safer, and we pay tribute to the local authorities, public bodies, service charities and voluntary organisations that support our forces across the United Kingdom; they are working hard to make the covenant a reality, as my hon. Friends the Members for Kingston upon Hull West and Hessle (Emma Hardy) and for Croydon Central (Sarah Jones) said.

From peacekeeping missions in Mali to helping frontline services tackle the pandemic and vaccinating Britain, our forces continue to embody the values that British people most admire: courage, integrity, loyalty, discipline and service. While our forces will continue to evolve and modernise, they will always have our brave servicemen and women at their core.

My grandfather left Portsmouth—the constituency I now have the privilege to represent—turning just 17 on D-day, to take part in the Normandy landings. He is one of the reasons I am standing at this Dispatch Box today. He fought for peace and fairness, and he would later establish the Portsmouth Normandy Veterans Association, which provided support as he and others left service. For him and for all others who have served, we have a duty to make sure that this legislation provides the very best.

The Armed Forces Bill presents a real opportunity to make meaningful improvements in the day-to-day lives of our armed forces personnel and veterans and their families. There are welcome efforts to provide new flexibility for reservists, who continue to balance work and military training as the hidden heroes among us. But the central part of this legislation is an effort to enshrine the armed forces covenant into law. Labour welcomes those efforts and the intentions of the Bill, but while the Government like to talk up their commitment to our service communities, the Bill misses a crucial opportunity to deliver on the laudable promises made in the armed forces covenant. From substandard housing to veterans’ mental health and social care, the promises made in the covenant often do not match the reality experienced by our service communities.

I want to acknowledge the personal and passionate contribution of the hon. Member for Wolverhampton South West (Stuart Anderson) and the sense of abandonment he described. My hon. Friend the Member for Liverpool, Walton (Dan Carden) spoke about the need to guarantee services for those who have served, the right hon. Member for New Forest East (Dr Lewis) addressed ending the injustice faced by war widows, a point also raised by my hon. Friend the Member for City of Chester (Christian Matheson), and my hon. Friend the Member for Slough (Mr Dhesi) rightly recognised the work of our personnel during the pandemic, yet the Government want to outsource responsibility for their support. I also want to thank my right hon. Friend the Member for North Durham (Mr Jones), a thorn in the Minister’s side, for reminding us of the great record of the last Labour Government in standing up for service people and veterans, and I look forward to his sharing his expertise and insight on the Select Committee. Finally, we heard from my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), who spoke passionately about support for Commonwealth veterans. I also pay tribute to my hon. Friend the Member for Barnsley Central (Dan Jarvis) for his tireless campaigning on this important issue.

The covenant guarantees priority healthcare for those who have served, but service charities continue to point out the uneven nature of its application. We know that waiting times for mental health treatment have skyrocketed, and we know that service housing is in an appalling state and those transitioning out of the forces are increasingly struggling to find jobs, but the Bill does little to tackle these issues head-on. The proposals requiring public bodies to have due regard to the covenant are unlikely to make any real impact on the day-to-day lives of forces personnel.

Ministers have already let the cat out of the bag that they are not serious about delivering for our armed forces. Last week at Defence questions, the Minister for Defence People and Veterans said that

“the legislation is very clear that it does not specify outcomes, but simply ensures that a set of principles is adhered to.”—[Official Report, 1 February 2021; Vol. 688, c. 668.]

I invite the Minister to explain exactly how these principles and the ambiguous legalese of due regard would deliver practical action for our service personnel: the squaddie in poor-quality, single-living accommodation who is without the basics such as heating and hot water; the veteran struggling with their mental health who has to endure waiting times for treatment more than twice as long as Government targets; or the dispersed service family who struggle with the cost of childcare and getting into work. Instead of lumping extra responsibilities on cash-strapped local authorities and other stretched public bodies, the Bill should set measurable, enforceable national standards for which central Government are accountable. Only then can we truly end the postcode lottery on the armed forces covenant.

Ministers say that they will be producing statutory guidance on how the new responsibilities should be delivered by public bodies. Given the importance that this guidance will have on the impact and delivery of this legislation, I urge Ministers to publish it during the passage of the Bill to allow for proper scrutiny.

Service charities such as the Royal British Legion have also expressed disappointment that the scope of the Bill is narrow. While the focus on housing, healthcare and education is welcome, this legislation should ensure that all areas of potential disadvantage are addressed. The Bill is silent on employment, for instance. We are all seeing joblessness among veterans rising above the national average, particularly among black, Asian and minority ethnic service personnel and those medically discharged. There are no specific commitments on forces’ pay, which has been below inflation for seven years running, leading to real terms cuts for our servicemen and women. It fails to seize the opportunities to make a long-overdue step change in the way that we approach the welfare of veterans and particularly the transition back into civilian life. It could finally take steps to improve coroners’ data collection, so that we can better understand and combat the tragedy of veteran suicide. It could tackle the ongoing challenges of access to benefits, but here as well it falls short. By setting a legal standard that is below the existing voluntary offers in some areas, the Government risk creating a two-tier covenant and a race to the bottom on services for our forces’ communities.

The threats of poor pay and conditions posed to recruitment and retention, and our overall defence capability were made clear this weekend, with leaked reports, suggesting that 32 of 33 infantry battalions are dangerously short of battle-ready personnel. The Government cannot simply outsource responsibility for delivering on the covenant with this performative show of support for our armed forces.

Let me now turn to proposals on the service justice system, because here again we find that this legislation fall short of what was promised. Labour welcomes the efforts to implement key recommendations in the Lyons review. We particularly welcome the creation of an independent Service Police Complaints Commissioner, which will ensure greater oversight and fairness in service justice cases, but it must urgently clarify why it has not adopted the Lyons’ recommendation of civilian courts having full jurisdiction over murder, rape and serious sexual offences committed in the UK. Civilian courts have a much better record of trying these cases.

Labour believes that the armed forces covenant represents a binding moral commitment between Government and service communities. The last Labour Government delivered the first cross-government strategy on welfare of armed forces personnel. That introduced the armed forces compensation scheme, doubled the welfare grant for families of those on operations, gave better access to housing schemes and healthcare, offered free access to further education for service leavers, and extended travel concessions for veterans and those seriously injured. The Tories have not only stalled this progress, but reversed it. Every time a member of service personnel is deployed overseas, every time a reservist signs up, and every time they deliver a covid test or vaccine, the promises in the covenant are renewed, but when I speak to service personnel, they often do not know what the covenant promises or how it can help them in their day-to-day lives. The Government’s ambition in this Bill should match the high standards our armed forces display in their service and demand of themselves. While we welcome the principle of this legislation in its current form, it is a missed opportunity to deliver on the laudable promises set out in the covenant. The Government must deliver on the covenant in full for every member of our armed forces, veterans and their families. Our country expects it and our troops deserve it.

Armed Forces Bill

Stephen Morgan Excerpts

Committee stage
Wednesday 23rd June 2021 Commons Chamber

[Leo Docherty]

We have to do it the right way round. We totally acknowledge the central importance of getting investigations right in terms of delivering for our people. We will not seek to reverse-engineer the schedule of work that is before us; we will wait for Sir Richard Henriques to report, then we will calmly consider the best way forward. What I will commit to today is an absolute resolve to deliver a rigorous and sound investigation system, because it is the lack of such provision that has bedevilled our armed forces people over the last 20 years. We do take this very seriously indeed.

Moving now to new clause 2, the Government take very seriously their duty of care for service personnel and veterans under investigation. This was debated at length in the other House during the passage of the Overseas Operations (Service Personnel and Veterans) Bill, and I have engaged with Lord Dannatt, who tabled the original amendment. I therefore wish to highlight two brief points. First, service personnel are entitled to receive comprehensive legal support; and secondly, a full range of welfare and mental health support is routinely offered to all our people. This support is available both while someone is serving and through the dedicated support to veterans through the NHS’s Op Courage in England and its devolved equivalents. We are striving for a gold standard of care and the Secretary of State’s written ministerial statement on 13 April details the significant progress made.

In the case of veterans, we continue to deliver further improvements through the veterans’ strategy, so new clause 2 is unnecessary and could result in unintended consequences. A duty of care standard risks becoming a one-size-fits-all approach, leaving personnel without the right support at the right time. The difficulties of drafting such a duty of care would inevitably mean the involvement of the courts and additional litigation. We are clear on our duty to provide the correct support to our personnel, both serving and veterans, and I urge the hon. Member for Portsmouth South (Stephen Morgan) to withdraw new clause 2.

[Stephen Morgan (Portsmouth South) (Lab)]

It is a pleasure to speak from the Dispatch Box on this important legislation ahead of Armed Forces Day on Saturday. This Armed Forces Week is a chance to recognise and celebrate the service of our nation’s forces at home and abroad, past and present. Up and down the country, physical and virtual events will be held while the Armed Forces Day flag is flying proudly on buildings and famous landmarks around the UK. I was delighted to attend the flag-raising ceremony here in the House on Monday, where Mr Speaker set an example by signing the covenant. I look forward to events this weekend in my home city of Portsmouth, the heart and home of the Royal Navy.

Today is also Reserves Day, so I would like to take the opportunity to celebrate their contribution to our national defence and resilience. This year in particular has seen reservists contribute to the covid support force, providing medical and logistical support, as well as deploying skills from their professional lives. They remain a unique asset, the hidden heroes among us, balancing work and training. It is vital that they are better integrated into our forces.

It is timely that the Bill comes back before the House today. Labour supports our armed forces and welcomes the principles behind the Bill, which provides a rare opportunity for the Government to deliver meaningful improvements to the day-to-day lives of our forces’ personnel, veterans and their families. Its unusual legislative journey means that we have had a chance to consider it in detail and have a genuine cross-party discussion on how improvements can be made. That is the spirit in which Labour has approached the Bill. We have worked with service personnel, veterans, service charities and colleagues from across the House to get the very best for our forces in this once-in-a-Parliament piece of legislation.

I want to pay tribute to the local authorities, service providers, charities and voluntary organisations that are working hard to make the covenant a reality across the United Kingdom. I also want to thank those who served alongside me on the Bill Select Committee and the hon. Member for Bracknell (James Sunderland) for his leadership in the Chair. Despite that considered and expert input, however, the Government have consistently refused to hear and address fundamental concerns about the Bill. In doing so, they are missing an opportunity to deliver real improvements to the day-to-day lives of service personnel, veterans and their families. Labour’s amendments offer Ministers a fresh opportunity to get that right.

Turning to amendments 1 to 4 and 6, first, evidence from charities such as the Royal British Legion and those delivering services for veterans on the ground has reinforced Labour’s concerns that the Bill is too weak and too narrow. The Bill piles new and vague legal responsibilities to deliver the covenant on a wide range of public bodies, but mysteriously they do not apply to central Government. In practice, this would create a farcical reality where a chair of school governors has a legal responsibility to have due regard to the armed forces covenant, but Government Departments, including the Ministry of Defence, do not. As the Legion itself has pointed out, many of the policy areas in which members of the armed forces community experience difficulty are the responsibility of national Government or based on national guidance. Ministers must not be allowed to outsource the delivery of important promises in the armed forces covenant. Also, the Bill’s limited focus on housing, healthcare and education risks creating a two-tier covenant. This could start a race to the bottom on standards in other areas and will bake in the existing postcode lottery on access to services. Social care, pensions, employment and immigration are among the long list of areas we know will not be covered by this once-in-a-Parliament piece of legislation as it stands.

--- Later in debate ---

[Mr Kevan Jones]

Does my hon. Friend agree that that provision is vital? In the evidence sessions for the Overseas Operations (Service Personnel and Veterans) Act we heard moving testimony from Major Bob Campbell, who was reinvestigated over many years. One stark thing that he said was that he felt abandoned by the MOD. Supporting individuals who are going through these investigations is vital, and without what is being proposed, individuals such as Major Campbell will continue not to get the support that they deserve.

[Stephen Morgan]

I thank my right hon. Friend for that point. He was a tireless advocate for the points that he raised in the Bill Committee and I know that we will continue to work together to make sure that the Government listen to our demands.

[Ian Paisley]

I am delighted that the shadow Minister will continue to pursue that matter. Will he ensure that the principle then extends to those who have served at home, to make sure that the commitments that have been made about resolving the legacy issues and addressing these vexatious issues that have arisen from some very contemptible people will be addressed expeditiously? Will he join me in encouraging the Government to get that matter on to the Floor of the House before the summer recess?

--- Later in debate ---

[Stephen Morgan]

I thank the hon. Member for his remarks. I know that he has also been expressing these concerns for quite some time. It is unsatisfactory that we are still hearing from Government that they are thinking about this. We need certainty for those affected, and I hope the Government bring forward proposals as soon as possible.

New clause 4 would begin to repair the damage done by the previous treatment of LGBT+ veterans. The Committee will know that the ban on homosexuality in the British armed forces was lifted in January 2000 by the then Labour Government. During the ban, many were dishonourably discharged or forced from service, losing access to pensions and benefits. Some were also stripped of medals that they had earned during their service.

There are practical impacts from that discrimination, such as the loss of pension and the inability to wear ceremonial uniforms or medals. Those are all humiliations that should not be endured by anyone who has served our country. Some may still be on the sex offenders register, which is simply outrageous, but there will also be untold challenges for mental health and wellbeing. I therefore take this opportunity to thank Fighting With Pride for its compassion and courageous work to support those impacted by this issue and for working with us on the new clause. I also place on record my appreciation for the campaigning of my hon. Friend the Member for Liverpool, Walton (Dan Carden) on this issue.

In February 2020, the Government announced that former armed forces personnel who were dismissed from service on the basis of their sexuality could apply to have their medals restored. That is an important first step towards justice for those who were thrown out of the armed forces simply because of their sexuality. New clause 4 encourages Ministers to continue that work first by setting out the numbers affected, and then by considering the restoration of ranks, pensions and other forms of compensation that would be appropriate. Only then can we be appropriately honouring those who have served our country with courage and distinction.

Finally, new clause 8, titled “Armed Forces Federation”, would establish a representative body for the armed forces akin to the Police Federation. It would represent its members in matters such as welfare, pay and efficiency. It has been clear for some time now that the armed forces need independent advice and representation. Witnesses that came before us on the Bill Select Committee have reinforced that, and we continue to hear shocking stories of abuse within units. We have also heard that continued delays discourage the use of the service complaints system and concerns persist that careers will be under threat if personnel complain.

Most members of the armed forces have endured a real-terms pay cut for most of the last decade. Given the renewed emphasis that Ministers appear to be placing on the value of people as assets to our national defence, the time has come to formalise representation and support for service personnel on issues such as welfare and pay. The federation would not be equivalent to a trade union for the armed forces, in that it would not conduct or condone any form of industrial action or insubordination with the armed forces. The federation would work with the Ministry of Defence to put in place a form of understanding that could deal with such issues. It would also recognise the importance of the chain of command. Although the proposal might be seen as radical or dangerous by some, other nations including the United States and Australia already have similar models embedded in existing command structures. Our armed forces give their lives for us. Ministers should seize this opportunity to give them a real voice.

In conclusion, taken together, Labour’s amendments would truly deliver improvements for our forces personnel, veterans and their families. It would be the height of hypocrisy if the Government were to heap well-deserved praise on service communities to mark Armed Forces Week while voting against their interests in the Commons today. Labour continues to stand squarely behind our armed forces, and we take the delivery of the promises made in the covenant seriously. For us it is not about a performative show of support at a politically convenient moment, but an enduring commitment to honour the promises our society has made to those who serve. The Tories like to talk up their commitment to our armed forces, but it is Labour that is working with colleagues across the House to make sure we get the very best for them, for today and tomorrow.

During Armed Forces Week, this Government should not just celebrate and thank, they must also deliver for our forces communities.

Armed Forces Bill

Stephen Morgan Excerpts

Report stage & 3rd reading
Tuesday 13th July 2021 Commons Chamber

[Stephen Morgan (Portsmouth South) (Lab)]

Labour has said from the start that this Bill offered a once-in-a-Parliament opportunity to make meaningful changes to the day-to-day lives of our forces personnel, veterans and their families. During Armed Forces Week, I had the privilege to bring together veterans of D-day, the Falklands and the Gulf war with Royal Navy and Royal Marine cadets from across Portsmouth. This celebration of service past and present was a powerful reminder of our collective responsibility to keep society’s promises to our nation’s service personnel. That is why Labour worked with service charities, veterans and personnel, and colleagues from across the House, to get the very best for our armed forces from this legislation.

The increased scrutiny the Bill has received means the Government have had many opportunities to listen to the fundamental concerns raised, but Ministers have steadfastly refused to do so at every turn. The Government have let themselves off the hook in delivering for Her Majesty’s forces. The provisions in the Bill do not apply to Government Departments, including, laughably, the Ministry of Defence itself, so while the Government claim the Bill will enshrine the armed forces covenant into law the reality is that they have outsourced the delivery of its important promises to others, and without any extra resource with which to do it.

Service charities continue to raise concerns about the Bill’s narrow scope, which risks creating a two-tier covenant and a race to the bottom on standards in service areas left out. In practice, this means that long-standing issues facing forces communities, and frequently raised by service charities, will not be addressed. Employment, pensions, compensation, social care, criminal justice and immigration are all on the long list of areas we know will not be covered. Labour’s amendments forced Ministers to take responsibility and widen the scope of the Bill. Twelve of the UK’s largest service charities, including the Royal British Legion, Help for Heroes, Cobseo and SSAFA, all wrote to Ministers last week backing these proposals, but the Government still voted them down.

On service justice, we welcome the creation of an independent Service Police Complaints Commissioner, and we hope to see Ministers get on with implementing this to ensure greater oversight and fairness in service justice cases. However, the Government refuse to improve access to justice for service personnel by trying rape and serious offences in civilian courts when they are committed in the UK. These proposals are backed by the Deepcut families, who have used their powerful and first-hand experiences of poor service justice investigations to call out the double standard of sudden deaths being handled by civilian police while rape and other serious offences are not.

Almost three quarters of sexual offences in the armed forces in 2020 took place in the UK, and between 2015 and 2020 the conviction rate for rape cases tried under courts martial was just 9%. The latest data available suggest the conviction rate was 59% in the civilian courts, with considerably more cases being tried each year. This issue is disproportionately affecting women of junior rank: more than three quarters of the victims were women, and seven in 10 victims held the rank of private. Ministers refuse to recognise the weight of evidence from these figures, the experts and campaigners, and instead have relentlessly backed a fudge that will leave personnel vulnerable. That will be on their watch.

Finally, the Government have rejected the golden opportunity provided by Labour to end the shameful scandal of eye-watering visa fees for non-UK service personnel. Ministers cynically cite the long-awaited and underwhelming plans currently under consultation as proof of progress on this disgraceful injustice, but we know that they will help just one in 10 of those affected. The truth is that Ministers are content with making these decisions, but personnel will pay twice to stay in the country they have fought for.

In summary, this is an Armed Forces Bill that provides absolutely nothing for actively serving personnel. It fails to address long-standing and well-known issues facing service communities. It willingly ignores the recommendations of a judge-led review on the service justice system. It reduces appeal time limits for serving personnel brave enough to make a complaint, and it does nothing to end the shameful scandal at eye-watering visa fees for non-UK veterans. The Tories will talk this up as a manifesto promise fulfilled, but by any measure this Bill does not match the high standards our armed forces display in their service and in what they demand of themselves. Tonight, personnel, veterans and their families will rightly be questioning whether this Government really are on their side.

It is Labour that has been working in the interests of service communities. The Tories have dogmatically opposed these efforts, but we will continue to support this Bill, despite its many faults, as the intentions and principles underpinning it are positive. However, we will do so knowing that this Government have fallen far short of delivering the very best for service personnel. This will not be the end of Labour’s efforts to secure improvements for our armed forces communities. We will continue to champion them, and we will work with others in the other place to ensure that the Government deliver on the covenant and in full for every member of our armed forces, veterans and their families. They deserve nothing else.

Question put and agreed to.

Bill accordingly read the Third time and passed.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I will now suspend the House for two minutes to make the necessary arrangements for the next business.