Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if he will publish the advice given by Defence Police Chief's Council in 2010 to delete records of investigations and dismissals into Armed Forces service people accused of homosexual conduct.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, what discussions he has had with officials in his Department on the potential impact of the deletion of records of investigations relating to homosexuality in armed forces will have upon Lord Etherton's review into the treatment of LGBT veterans.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if will take steps to ensure that previous deletion of records of investigations and dismissals into Armed Forces service people accused of homosexual conduct will not adversely affect (a) potential future claims for compensation, restoration of lost pension entitlements or (b) admissions of fault from his Department.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if he will investigate for what reasons records of investigations and dismissals into Armed Forces service people accused of homosexual conduct were deleted in 2010.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, how many veterans had their records relating to disciplinary action due to homosexuality in the Armed Forces destroyed in 2010.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether she has had recent discussions with the Police Federation on the level of pay for police officers.
Answered by Chris Philp - Minister of State (Home Office)
We welcome an open and regular dialogue from all key police stakeholders, including the Police Federation of England and Wales.
The independent Police Remuneration Review Body (PRRB) makes recommendations to the Government on the appropriate level of pay and allowances for police officers.
The PRRB gathers and invites parties to submit evidence to inform its recommendations. This includes both written and oral evidence from the Government, police employers and police staff associations. The PRRB weighs the evidence, considers independent research, and formulates detailed recommendations.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, to specify which legal duty the Ministry of Defence spokesman is referring to in his remark to the BBC on 2nd November with relation to the the deletion of records of investigations relating to homosexuality in Armed Forces.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the implications for her policies of the results of the Police Federation's most recent annual survey.
Answered by Chris Philp - Minister of State (Home Office)
The Police Federation of England and Wales’ Pay and Morale survey 2022 is an important annual survey.
The Government is committed to supporting the wellbeing of all those working within or retired from policing roles and their families. This is why we have enshrined in law the Police Covenant, which is a pledge to do more as a nation to help those who serve our country and specifically to recognise their bravery, commitment, and sacrifices. Together with our delivery partners in the College of Policing and the staff associations, we have made significant progress on the initial priorities, including pre-employment mental health support for officers, the inclusion of wellbeing in HMICFRS Peel inspections and the creation of a new Chief Medical Officer for policing.
We are also working hard with policing during this unprecedented recruitment drive, ensuring forces can support new officers into the service with the training and supervision they need to thrive. The retention of experienced police officers is a priority for the Home Office and the National Police Chiefs’ Council. Voluntary resignation rates, at 2.5%, are low compared to other sectors.
We also want to ensure we are listening to the views of new officers, and we have recently surveyed almost 3,500 new recruits, which found that the majority of new recruits surveyed enjoy a positive onboarding experience, are satisfied with their jobs and want to remain officers for the rest of their working lives.
The independent Police Remuneration Review Body (PRRB) makes recommendations to the Government on the appropriate level of pay and allowances for police officers.
The PRRB gathers and invites parties to submit evidence to inform its recommendations. This includes both written and oral evidence from the Government, police employers and police staff associations. The PRRB weighs the evidence, considers independent research, and formulates detailed recommendations.
Asked by: Steve Reed (Labour (Co-op) - Croydon North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many individuals have failed to comply with a community protection notice each year since 2010.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
As part of the Government’s commitment to tackling and preventing anti-social behaviour (ASB), the Government provided the police, local authorities and other local agencies with a range of flexible tools and powers that they can use to respond quickly and effectively to ASB through the Anti-social Behaviour, Crime and Policing Act 2014. This includes the Community Protection Notices, which can be issued by the police or the local authority to deal with ongoing problems or nuisances which are having a persistent or continuing and detrimental effect on the quality of life of those in the locality.
Breach of a Community Protection Notice is a criminal offence and, in such instances, a fine will be imposed. The Government takes the recovery and enforcement of all financial impositions very seriously and remains committed to ensuring impositions are paid. This includes fines issued for breaches of Community Protection Notices.
Information on the number of individuals who have been prosecuted for failing to comply with a Community Protection Notice can be found across the following data tools:
Source 1: Outcomes by Offence data tool: June 2022 (July 2017 to June 2022)
Source 2: Outcomes by Offence data tool: December 2021 (January 2017 to June 2017)
Source 3: Principal offence proceedings and outcomes by Home Office offence code data tool (January 2014 to December 2016)
The courts will do everything within their powers to trace those who do not pay their fines and use a variety of means to ensure the recovery of criminal fines and financial penalties, resulting in the ongoing recuperation of significant sums by the courts.
As the Community Protection Notices were introduced in 2014, no defendants were recorded as dealt with for this offence prior to 2014.
Asked by: Steve Reed (Labour (Co-op) - Croydon North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, in how many and what proportion of instances of individuals failing to comply with Community Protection Notice were fines issued.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
As part of the Government’s commitment to tackling and preventing anti-social behaviour (ASB), the Government provided the police, local authorities and other local agencies with a range of flexible tools and powers that they can use to respond quickly and effectively to ASB through the Anti-social Behaviour, Crime and Policing Act 2014. This includes the Community Protection Notices, which can be issued by the police or the local authority to deal with ongoing problems or nuisances which are having a persistent or continuing and detrimental effect on the quality of life of those in the locality.
Breach of a Community Protection Notice is a criminal offence and, in such instances, a fine will be imposed. The Government takes the recovery and enforcement of all financial impositions very seriously and remains committed to ensuring impositions are paid. This includes fines issued for breaches of Community Protection Notices.
Information on the number of individuals who have been prosecuted for failing to comply with a Community Protection Notice can be found across the following data tools:
Source 1: Outcomes by Offence data tool: June 2022 (July 2017 to June 2022)
Source 2: Outcomes by Offence data tool: December 2021 (January 2017 to June 2017)
Source 3: Principal offence proceedings and outcomes by Home Office offence code data tool (January 2014 to December 2016)
The courts will do everything within their powers to trace those who do not pay their fines and use a variety of means to ensure the recovery of criminal fines and financial penalties, resulting in the ongoing recuperation of significant sums by the courts.
As the Community Protection Notices were introduced in 2014, no defendants were recorded as dealt with for this offence prior to 2014.