Armed Forces (Prevention of Discrimination)

Thomas Docherty Excerpts

Wednesday 5th November 2014 Commons Chamber

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I beg to move,

That leave be given to bring in a Bill to make provision in relation to the reserve forces of the Crown; to provide that certain offences committed towards members of the armed forces and their families shall be treated as aggravated; to prohibit discrimination against members of the armed forces and their families in terms of provision of goods, services and employment; and for connected purposes.

Remembrance week is always a poignant time for communities across the United Kingdom. We not only remember the sacrifices made by previous generations stretching back over the past century; we also honour those of the current generation who have given their lives to safeguard our country and protect our freedoms and those of our friends around the globe.

This year is particularly significant as it marks not just the 100th anniversary of the start of the first world war and the 70th anniversary of D-day but the end of combat operations in Afghanistan. Although the scale of each conflict is different, the loss to each family of those brave young people who have been killed will be no less today than it was in those earlier wars. The Under-Secretary of State for Northern Ireland, the hon. Member for South West Wiltshire (Dr Murrison), wrote a few years ago:

“In this age of moral equivalence it must be said that no other occupational group in the United Kingdom matches up to UNMS”—

the unique nature of military service.

“In particular, none belong 24/7 to the Crown, is exempted from normal working practices of the sort governed by the European working-time directive and national minimum wage legislation, has no organised representation, may not easily terminate their service particularly on notice for deployment, will probably sustain some sort of illness or injury if deployed and has liability up to and including death with all that means for dependants cascading through the generations.”

I think the whole House recognises that we owe a special debt to those who risk their lives abroad to defend our freedoms, and that we must ensure that they receive, as they deserve, the full shield of Government protection when they return home.

That is why the Bill seeks to tackle the discrimination that our armed forces and their families suffer in four areas. First, the House will recall that the noble Lord Ashcroft carried out a survey in 2012, with the support of the Ministry of Defence, of some 9,000 serving personnel across all three armed services. Some quite astonishing and scandalous figures came out of that survey. About 5% of members of our armed forces reported that they or their family had suffered physical assault or attempted physical assault during the previous five years, and 19% of them reported that they had been the victim of verbal abuse in that period. I am sure we can all think of the type of abuse that, regrettably, is hurled by a mindless minority at members of our armed forces. Only last week a 15-year-old Army cadet was assaulted by a drunken yob for no other reason than that he was wearing his uniform and selling poppies. The Bill would make such crimes aggravated offences. It is not acceptable to abuse someone for wearing the uniform of our country.

Secondly, Lord Ashcroft’s survey found that one in five members of the armed forces or their families had been refused service in shops, pubs or restaurants simply because of their profession. In Edinburgh last year, a pub refused to serve the crew of HMS Edinburgh—who, ironically, had just been awarded the freedom of the city—because they were in their dress uniforms and the landlord claimed that they might have caused trouble, despite the fact that it was the middle of the day and they were completely sober. This type of prejudice is unacceptable and must be tackled.

Thirdly, it is not just when they are in uniform that our armed forces face prejudice or adversity. The Defence Committee highlighted last year—and the Ministry of Defence accepted—that too many reservists face discrimination when seeking work. Many employers recognise the advantages that reservists can bring: they are hard working self-starters who know how to work well in a team. Babcock, BT and BAE Systems are just three examples of major British companies actively promoting the benefits of serving in the reserves. However, too many companies are refusing to hire reservists because they operate under the mistaken impression that their business operations will be disrupted when the reservists are called up. The Bill would stop companies refusing to hire reservists.

We want every business to follow the example set by those companies that recognise and appreciate our reserves, but the reality is that warm words will not help those men and women who want to serve our nation while at the same time working in civilian professions. So, fourthly, we also recognise the challenges that some reservists face in meeting their training commitments on their company’s annual leave allocation. To its credit, the MOD acknowledges this problem and has been trying—albeit unsuccessfully—to persuade businesses voluntarily to give additional unpaid leave to reservists so that they can complete their required training each year. This failure is not just bad for our armed forces; it is bad news for the good employers who provide additional support to allow reservists to fulfil their obligations. That is why, if the voluntary approach is failing, we must use mandatory methods. We have a duty to our reservists and to our good companies. Above all else, we have a duty to support our nation’s defences.

This weekend, Members from both sides of the House will return to their constituencies to pay tribute to those who have given their lives to protect our nation. Today we have an opportunity not just to pay tribute but to protect those who continue to serve our nation at home and around the globe. I hope that the House will support the Bill.