New Clause 7 — Voluntary discharge of under-18s
Armed Forces Bill (Programme) (No. 2)
8:30 pm

Julian Huppert (Cambridge, Liberal Democrat)

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

William McCrea (South Antrim, DUP)

With this it will be convenient to discuss new clause 11 —Enlistment of minors

‘(1) The Armed Forces Act 2006 is amended as follows.

(2) In section 328(2)(c) (Enlistment) the words “without the consent of prescribed persons” are omitted.’.

Julian Huppert (Cambridge, Liberal Democrat)

It is a great pleasure to move this amendment in my name and that of my hon. Friend Tessa Munt, who is present. It would allow under-18s to leave the armed forces as of right, if they so wished. There have already been some discussions on this with the Minister, so I shall not detain the Committee for too long. It is an important issue, however, and a number of groups have worked hard, along with my hon. Friend, myself and others, to press for this change. I wish to note in particular the efforts of the Quakers in Britain, especially Michael Bartlet, who has spearheaded much of the awareness-raising that has led to our reaching this point.

The proposal to allow under-18s to leave as of right has also been supported by the Joint Committee on Human Rights. I should declare that I was a member of it at the time, which may or may not be coincidental. It gave a clear recommendation that—astonishingly—fits extremely well with the amendment I am now proposing:

“We recommend that a right to discharge for under-18s be established, and that all those recruited under the age of 18 be told of this right.”

Thomas Docherty (Dunfermline and West Fife, Labour)

The hon. Gentleman has referred several times to under-18s having a right to leave. I had the privilege of serving on the Armed Forces Bill Select Committee and we took some evidence on this matter, and I am sure the hon. Gentleman would accept that they do currently have a right to leave, but that the length of notice is different from that which he proposes.

Julian Huppert (Cambridge, Liberal Democrat)

They do not have the right to leave before they turn 18. After the first six months, a 17-year-old, or a 16-year-old even, does not have the right to leave. In the case of the Army, they are there for, I believe, six years after they pass that first six months. In practice, that is not necessarily enforced, but that is not the same as their having a right.

Thomas Docherty (Dunfermline and West Fife, Labour)

I have heard the argument about five or six years before. When personnel turn 18, they have an absolute right to choose to leave at that point. I accept that, perhaps, that is not as well publicised as it might be, but this talk of their being in for five or six years is not entirely accurate.

Julian Huppert (Cambridge, Liberal Democrat)

I thank the hon. Gentleman for that point, but I think he would agree that somebody who joins on their 16th or 17th birthday currently has no right to leave, although in practice they might be allowed to, which is a slightly different issue.

Why is this an issue for under-18s? We have a whole lot of rules for under-18s: we do not allow them to vote—although many of us think that we should because they are adult enough to do that—we do not allow them to have credit cards or to enter into other legal decisions because they are not treated as adults who are able to commit themselves for such a long time; and they cannot bind themselves to a credit agreement to pay a certain sum of money the next month, except in very exceptional circumstances. They can, however, commit themselves to an extended period in the armed forces.

It is quite clear that in many cases they are allowed to leave, even though they do not have that right. It is hard to be sure, however, whether that covers every case of somebody under 18 who wishes to leave. We would not know if they were too scared to ask their commanding officer or if some other social pressures made it hard. We know that there are cases of bullying in the armed forces and although I am sure we all abhor the fact that that goes on, there are a number of such cases and it is hard to know what would happen then.

The situation is unclear, so we proposed an amendment to make it absolutely clear what was and was not allowed. I am grateful to the Minister for responding to the report produced by the Select Committee on the Bill after the amendment was tabled and after a number of discussions, parliamentary questions and so on. He has made a welcome announcement, stating that

“for those under the age of 18, the ability to be discharged will in future be a right up to the age of 18, subject to an appropriate period of consideration or cooling off.”—[Hansard, 19 May 2011; Vol. 528, c. 26WS.]

I want to place on record my thanks to the Minister for taking that step, which is very welcome to a number of the people involved. I have a few specific questions, however, and I hope that he will be able to clarify the situation for me.

First, what is this period of consideration or cooling off and roughly how long would it last? My amendment allowed 14 days’ notice; I suspect he has a different figure in mind and it would be helpful to know what it is. The second part of the JCHR’s report and of the amendment state that any person enlisting under the age of 18 should be informed of their right and I hope the Minister would agree that it would ideal for them to be told that they have it, even though he would hope that many of them would not avail themselves of it. Finally, will he update the Committee on the process as it stands? Has he given instructions that the rule should apply as of now and will people be told that there is this right? He talks about requiring secondary legislation to make such a provision, which I look forward to seeing, but when will such an instrument be laid before the House?

John McDonnell (Hayes and Harlington, Labour)

I want, briefly, to support new clause 7 and I also want to express my thanks to the Minister for his statement about improving the system. He seems somewhat surprised to get unanimous support—

Andrew Robathan (Parliamentary Under Secretary of State (Defence Personnel, Welfare and Veterans), Defence; South Leicestershire, Conservative)

It is amazing.

John McDonnell (Hayes and Harlington, Labour)

I can assure him that it will not last for long.

I also want to argue in favour of new clause 11. My new clause, like new clause 7, is based on the briefings that we have received from the Quakers and I pay tribute to them for the work they have done in raising the issues about the recruitment of under-18s into the military. I also want to thank Michael Bartlet for the work he has done in raising the profile of the issue over some time.

My new clause would simply end the recruitment of anybody under the age of 18, because I find it extraordinary that when it comes to military recruitment or their engagement in the military, we do not treat under-18s as

minors. Legally, that is what they are. I therefore find it extraordinary that we allow children to sign up to involvement in the military, legally—currently—making a commitment for six years. They are minors, signing up to a process that could put them in harm’s way and which certainly puts them under a disciplinary regime and environment that has made a number of them vulnerable over the years.

For the record, I understand that there are currently 580 16-year-olds and 1,970 17-year-olds serving in the British armed forces. I have been surprised to learn from parliamentary answers and MOD information that between April 2007 and April 2010, three 17-year-old service personnel were deployed to Afghanistan and two to Iraq. I have also been concerned to learn, in answer to a parliamentary question, that on 1 December 2010, there were five under-18s serving sentences at the military corrective training centre at Colchester for having gone absent without leave.

We have had various debates in the Chamber condemning the practice in developing countries of recruiting child soldiers, but that is what we are doing—we are recruiting children into the military services. As the MOD information shows, we are not only sending them to war zones but subjecting them to military discipline that involves their detention in a corrective establishment. I just do not find that acceptable and I do not think it is a practice to which this country should adhere. The Minister might correct me on this, but I understand that we are now the only European country that recruits under-18s to the armed forces. I would welcome a rethink from the Government about the whole practice of recruiting children into the military and the possibility of phasing it out. I understand that the Minister might not want to accept the amendment this evening and I will not press it, but I would welcome consideration from the Government about phasing out the recruitment of children to the military.

We have a duty to protect young people, which sometimes involves protecting them against decisions that they make at an age at which, in other circumstances, we would not consider it appropriate for them to make the sort of commitment that is involved or to put themselves in situations that might lead to their being in harm’s way or to their lives being at risk.

Tessa Munt (Wells, Liberal Democrat)

I thought this might be a good opportunity to point out that new clause 7 would alleviate some of the difficulties mentioned by the hon. Gentleman. With extensions to education and training in 2013 and 2015 up to the ages of 17 and 18, more young people might find themselves momentarily attracted to joining the forces. They can get through the first part but, as the hon. Gentleman’s point about the young people who have gone absent without leave shows, they sometimes experience a crisis in their lives. New clause 7 would alleviate the problem.

John McDonnell (Hayes and Harlington, Labour)

I think that new clause 7 would bring an immense improvement to current practices and I support it, but I object in principle to the recruitment of children into the military. For 13 years, I was the part-time house father of a children’s home when they were run as family units and one could pursue one’s

own career while also operating as the father of a family group. In that time we dealt with a large number of young people from extremely disturbed backgrounds and prepared them for fostering into ordinary homes. A number of those who came to us were extremely vulnerable and I remember many of them going into military service at a very young age, almost because they were looking for the security of an institution because they had, frankly, been institutionalised as a result of their lives in care. At the time, I thought those young people were extremely vulnerable and were making the wrong decision. At the age of 16, people are too young to make that major decision to go into the armed forces and put themselves under a disciplinary regime that can result, as it has done, in a number of youngsters being put in corrective establishments. As I have said, some others have been sent to war zones. I would welcome a careful rethink from the Government about this issue and I hope that they will consider coming back with proposals to accept the measures in new clause 7 and to follow other European countries in phasing out the recruitment of children into the Army.

Andrew Robathan (Parliamentary Under Secretary of State (Defence Personnel, Welfare and Veterans), Defence; South Leicestershire, Conservative)

I am grateful to the hon. Members for Cambridge (Dr Huppert) and for Hayes and Harlington (John McDonnell) for their compliments. I am not used to that and, as the hon. Member for Hayes and Harlington said, I do not expect it to continue. Never mind. We enjoy these things while they happen.

I was interested in some of the comments that were made because I think the hon. Member for Cambridge is quite keen on reducing the voting age to 16, which seems not entirely at one with some of the things that were said during the debate. However, I shall not dwell on that.

Young people who join the armed services at the ages of 16 and 17 are a valued source of manpower—it is particularly man power in the Army—but we take the duty of care seriously too. When the subject was first raised with me, I had not appreciated that there was what we might describe as a certain element of confusion over whether people could leave at the age of 18. The situation is changing, but currently if a young man—they are typically young men—approaching his 18th birthday said that he was unhappy, he would be dubbed an unhappy minor and in practice he would be allowed to go after a cooling-off period. However, the situation is slightly confused.

People who go absent without leave do not necessarily do so because they want to leave the armed forces. The hon. Member for Hayes and Harlington might say that that is ridiculous, but sometimes people go AWOL because they have done something wrong and they do not want to face the music. There can be other reasons.

My hon. Friend Simon Reevell has spoken to me about the situation too and, after listening to people and to the debate in the Select Committee, it seems to me that it is important to clarify the position. As the hon. Member for Cambridge said, people will have a right to leave up to the age of 18. However, I am not saying that we want them to leave, so we shall give them a cooling-off period. It is likely to be longer than two weeks. It is a genuine change and will be enacted in statute, because it is right that people

understand that they do not have to beg to leave; they have the right to leave, but we shall make every effort to dissuade good young people from leaving if we wish to retain them.

The hon. Gentleman asked about the time scale. People are currently informed of their rights and that will continue. The answer to his question is the old parliamentary expression, “We expect secondary legislation soon.” I hope it will be before the recess, but it may not be. I do not want to get it wrong.

I turn to people who are less satisfied, if I can put it that way, such as the hon. Member for Hayes and Harlington. We want good young people to join the armed forces and we get a pretty high quality of recruit these days, as I think Mr Jones would agree. Prohibiting the enlistment of people under the age of 18 would be to the detriment of the armed forces. We take real pride in the fact that the armed forces provide challenging and constructive education, training and employment opportunities for young people.

Not all the young people who join the armed forces come from happy backgrounds. The hon. Gentleman talked about young people leaving care and joining the armed forces because they saw it as a way out of their difficult circumstances. It is important to bear that in mind.

I shall digress if I may, although it is absolutely germane to the discussion. Probably—notwithstanding other claims—the most decorated man in the British Army at the moment has two conspicuous gallantry medals, a George medal and an MBE. He is now a lieutenant-colonel. When I met him last year, he told me that he spent the night before he joined the Army, aged 17, in a police cell in Bradford. He will not mind my saying this because he told me quite openly—[ Interruption. ] I know; being in Bradford is a bit much—[ Laughter. ] Oh God, I’ve let myself in for a few questions now. Humour never translates on to the pages of Hansard.

That man decided that the future for him was either one that did not look very good and might involve further visits to prison and police cells, or that he would join the Army. He joined the Army at the age of 17 and he has not just made an outstanding career for somebody without great educational qualifications but, if I may say so, has made himself a role model for many people from disadvantaged backgrounds.

Kevan Jones (North Durham, Labour)

Does the Minister agree that although there are such individuals, there are also many who go, for example, through the Harrogate college and gain qualifications, or through the excellent Welbeck college where they do A-levels? Not all are from the kind of background that he describes, although I accept that some are. Those colleges give them life chances and educational opportunities that they might not get elsewhere.

Andrew Robathan (Parliamentary Under Secretary of State (Defence Personnel, Welfare and Veterans), Defence; South Leicestershire, Conservative)

The hon. Gentleman is right. I could not agree more. We get some very high-quality people—I presented the prizes at Welbeck two weeks ago, and there is also the apprentice college, Harrogate.

Tessa Munt (Wells, Liberal Democrat)

I could not agree more that young people should be in college or in education of one sort or another. If that is attached to a military establishment, that is fantastic. Will the Minister confirm, however,

that three 17-year-old service personnel were deployed to Afghanistan and two to Iraq between April 2007 and April 2010? I know that that is not very many young people, but Thomas Docherty, who is no longer in his place, implied that in Committee he had heard evidence that that did not happen. I may be incorrect. Can the Minister clarify the position?

Andrew Robathan (Parliamentary Under Secretary of State (Defence Personnel, Welfare and Veterans), Defence; South Leicestershire, Conservative)

I think the hon. Lady has in her hand a parliamentary answer that I gave her on exactly this issue. Those cases occurred under the previous Government and it was a mistake in each case. Funnily enough, the young men involved wanted to go on operations. A mistake was made, out of 24,000 reservists, as we have just heard, deployed on operations Telic and Herrick. Thousands are deployed each year and I am afraid that mistakes are made. If memory serves me right without having the answer in front of me, I think that two of the individuals mentioned were within a few days of their 18th birthday, and one was found out and sent back. We try to rectify mistakes when they are made, but there are a large number of people and if they do not own up to their age, that can be a problem. We do not intend that that should happen and we will pursue the matter to make sure that it does not.

John McDonnell (Hayes and Harlington, Labour)

So that we get absolute clarity, it is the unanimous view of the Committee, therefore, that no minor should be taken to a war zone. Let us get that on the record.

Andrew Robathan (Parliamentary Under Secretary of State (Defence Personnel, Welfare and Veterans), Defence; South Leicestershire, Conservative)

That has been policy since before I joined the armed forces, which I am afraid to say was in 1970. [Interruption.] No, not 1870. It was 1970.

I can assure the Committee that we recognise the need for special care in recruiting and training under-18s. There are currently no plans to revisit the Government’s recruitment policy for under-18s, which is fully compliant with the optional protocol on the involvement of children in armed conflict in the United Nations convention on the rights of the child.

Cathy Jamieson (Kilmarnock and Loudoun, Labour)

The Minister may have been about to answer my question. What action has been taken since the UNCRC 2008 report, which asked the Government to look again at their proactive policy of recruiting under-18s? [Interruption.]

Andrew Robathan (Parliamentary Under Secretary of State (Defence Personnel, Welfare and Veterans), Defence; South Leicestershire, Conservative)

I hear from a sedentary position the suggestion that perhaps the previous Government did not take any great action on that. We do not intend to revisit our policy on the matter. However, it is important to say that all service in the armed forces is voluntary, unlike in many other armies around the world. Furthermore, no person under the age of 18, because such a person is deemed a minor, can join the armed forces unless the application is accompanied by the formal written consent of a parent or guardian. As I have just said, our defence policy is that no such service personnel are knowingly deployed on any operation outside the UK that could result in their becoming engaged in hostilities. We take very seriously the duty of care of all recruits, particularly those aged under 18, who, inevitably, can be more vulnerable than some older people. This is not

a partisan position, because we have inherited this from the last Government and it has run through several Governments.

To this end, parents or guardians of all younger personnel, as well as the applicants themselves, are given comprehensive written and face-to-face guidance on the terms and conditions of service and the right to discharge during the selection process, and will be when it changes. This occurs at various times before the parent or guardian provides formal written consent for the child to enter service.

In the light of that and our clear determination to give good careers to young people under the age of 18, be it for three or 30 years, I hope that the hon. Member for Cambridge will withdraw the motion.

Julian Huppert (Cambridge, Liberal Democrat)

I thank the Minister for answering all my questions. My only reservation is that I hope that the time period for cooling off will not be too much longer than two weeks. Sixteen days would be absolutely fine. I look forward to seeing what the Minister says.

I also thank the Minister for his comments about adulthood at 16. I look forward to his joining our campaign to get votes at 16. That is a welcome step. He shakes his head, but I assume he really means to be supportive. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.