Representation of the People (Proportional Representation) (House of Commons) – in the House of Commons at 3:45 pm on 16 December 2015.
‘(1) The Armed Forces Act 2006 (c. 52) is amended as follows.
(2) In section 329 (Terms and conditions of enlistment and service), after subsection (3) there is inserted—
“(3A) The regulations shall make provision that any person under the age of 18 shall be entitled to end their service with a regular force by giving not less than 14 days’ notice in writing to their commanding officer, and shall ensure that any person enlisting under the age of 18 is informed of this right when they enlist.”” —(Liz Saville Roberts.)
This amendment ensures that those under 18 years of age are to discharge themselves from the Armed Forces should they so wish.
Brought up, and read the First time.
I beg to move, that the clause be read a Second time.
With this it will be convenient to discuss the following:
New clause 3—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.”
This amendment ensures that only those above 18 years of age are able to enlist in the Armed Forces.
I rise to speak to new clauses 2 and 3, which stand in my name and those of several hon. Members from various parties across the House. First, I wish to say that these are probing provisions and I do not intend to press them to a Division. Although the Bill does not contain provisions on the recruitment age, it is entirely appropriate that we consider this important issue within the context of this Bill. I should state at the outset that I am a great supporter of the work that the women and men who serve in the armed forces do daily, and that their honour and sacrifice knows no bounds; they are a credit to the communities they serve. Before turning to the new clauses, I would like to put on record my respect for the sterling work they do.
What I am concerned about, as are others from across the House, given the signatories to the new clauses, is the UK’s continued policy of recruiting children to the armed forces. As politicians, we have a duty of care to those we ask to serve on our behalf. The UK is one of only 19 countries in the world that recruit minors to the armed forces. It is the only member of the UN Security Council, the only member of NATO and the only European country that recruits children, and the policy needs to be changed to bring the UK into the modern world. I note that, to the UK Government’s great shame, even countries such as Zimbabwe, Iran and North Korea do not enlist minors.
While we are rightly saddened and repulsed by examples of child soldier recruitment in far-flung countries, some of which have experienced decades of civil war and economic turmoil and strife, we often forget that the UK’s whistle is not entirely clean when we inspect to see whether our own house is in order.
I am grateful to predecessors in all parts of the House who have campaigned on this issue down the years, seeking to get successive Governments of all colours to change policy on the recruitment of minors. Those with a keen eye and knowledge of this matter will probably recognise that these new clauses are not all that new and have been tabled before under various guises down the years. I am grateful to Members of the House past and present who have pressed this matter in years gone by, and I acknowledge their efforts. This a matter of a wren rising from the wings of eagles.
I am aware that recruits under the age of 18 are not required to fight in active combat roles. There may well be an argument in favour of allowing those with a calling—a vocation—to serve in the armed forces where they do not possess the drive or desire to pursue an otherwise academic route, or have a vocational route into other employment. For them, joining the armed forces provides focus and allows them a route to fulfilment. I am not opposed to children of 16 and 17 years of age being able to demonstrate their interest in the armed forces, or to their joining groups that can help them prepare for a career in the armed forces if that is what they wish to do upon reaching adulthood and the age of consent. What I am opposed to is the recruitment of minors into the armed forces, and the potential for such young people to make binding commitments at an unacceptably early age. I believe the Government should end this anomaly, live up to the standards they claim to demand from others and end the recruitment of minors.
At the very least—this is the thinking behind new clause 2—those under the age of 18 should be freely able to discharge themselves from duty should they so wish and not have to give three months’ notice, during which time they may very well be pressurised to change their minds. Three months is too long a period to have to wait having made that decision. They should also be robustly informed of the right to withdraw with a shorter period of notice—14 days—when they enlist.
The Duty of Care report emphasises that the youngest recruits, particularly those under the age of 18, who are legally children, were the ones who presented greatest concern in relation to duty of care. The report’s recommendation for a review has since been followed by a number of similar calls from national and international bodies. In 2008, the UN Committee on the Rights of the Child asked that the UK
“Reconsider its active policy of recruitment of children into the armed forces”.
It also recommended that the Government ensure that recruitment
“Does not occur in a manner which specifically targets ethnic minorities and children of low-income families,”
And that
“Parents are included from the outset and during the entire process of recruitment and enlistment.”
This policy has been called into question by the UN Committee on the Rights of the Child and many other respected bodies, including children’s commissioners.
The welfare of young recruits has been in sharp focus since the tragic events at Deepcut barracks, which is in the news again with the announcement of the inquest early next year. Indeed, it is hard to believe that a decade has passed since those tragic events, yet the Government have still not implemented the recommendations of the Defence Committee’s crucial “Duty of Care” report, which recommended that the MOD examine the potential impact of raising to 18 the recruitment age for all three services, and ensure that those under 18 do not undertake armed guard duty. It also recommended a review of material, setting out rights, responsibilities and the nature of commitment in the sort of language that potential recruits will understand.
All four deaths at Deepcut involved a young recruit on guard duty, and two were just 17, yet the practice of under-18s taking part in armed guard duty continues to this day, despite the “Duty of Care” report. The MOD is prioritising operational effectiveness over the rights and welfare of young people in its care. It is high time for the UK to move into line and adhere to international norms on the military recruitment age.
It is also a matter of concern that the youngest recruits are most likely to be enlisted into roles that, when they do come of age, are potentially the most dangerous. I understand that that is particularly true of the infantry, which is concerned about bringing in more recruits. Young people will find themselves committed to a particularly dangerous role at an early age.
I have deep concerns about the armed forces and, as I have said, about the infantry’s recruitment practices of targeting schools while masquerading as educational visits, as well as frequenting poorer areas where other economic opportunities are fewer compared with those in wealthier areas. That is particularly true in areas of Wales and in my own constituency. However, those are matters for another time.
Has the hon. Lady visited the Army Foundation College at Harrogate? If not, may I invite her to do so?
I have not visited the college, but I would be delighted to do so. My background is in further education, and I have taught public services courses where boys and girls—young men and young women—were actively targeted, so I have some experience in this matter.
As I have just said, the matters that I have just raised are perhaps for another time. Today, we are concerned with the specific need to change the law, so that recruitment in the armed forces is in line with international and developed world standards and norms. I urge the Government to consider the proposed new clauses. If they are not minded to accept them, perhaps they can bring forward their own proposals.
I rise to endorse the status quo. I am sorry that I cannot agree with the new clauses proposed by Liz Saville Roberts, for whom I have the greatest respect.
Training starts at an early age. It starts with the cadets for a great many of our young boys and girls who go on, in the greater spectrum of life, to become the men and women in uniform. That introduction and early training at cadet level gives young people a chance to show their potential and an interest in the armed forces. It also enables them to go further with the training if that is what they wish to do. I am keen to see that training encouraged and retained. I am also conscious, as I know the Minister is, of the fact that a level of training needs to be achieved before a person reaches the age of 18. If we can start from the age of 15 or 16, or even earlier, we will have young soldiers—male and female—equipped and trained to the highest standard and with the necessary experience. With great respect, I feel that what we have at present is perfectly acceptable.
Liz Saville Roberts spoke eloquently and sincerely, but I am afraid that I disagree with her. Many young men and women in my constituency, St Helens North, join the armed forces for the benefits of a constructive education, training and employment, and for those young adults serving their country drives social mobility.
Recruitment at 16 is fully compliant with the UN convention on the rights of the child. As the hon. Lady recognised, soldiers are not deployed until they reach the age of 18.
I caution against the use of the word “children” and particularly the term “child soldier”, which is not only incorrect but somewhat offensive. Indeed, it belittles the trauma and plight of those children across the world who are forced into war and soldiery. For all those reasons, I am afraid that, despite the hon. Lady’s forceful argument, I cannot support new clauses 2 or 3.
Liz Saville Roberts makes her points regarding service personnel aged under 18 well. However, my hon. Friends and I think it important that young people have the opportunity to have as many career options and life choices as possible at that stage in their lives.
I echo the hon. Lady’s words when she said that it is our responsibility to remember the duty of care for service personnel young and old. In particular, we have a duty of care for younger members of our armed forces. We do not support the new clause, which would prohibit those who are under 18 from joining the armed services, and we note that they are not deployed at that age.
Young people who join the armed services have the opportunity to change career paths, and it does not seem unreasonable for them to do so by giving less notice, so we support the hon. Lady’s suggestion of their having additional opportunities to change their career paths if they so wish after a short period of notice.
Liz Saville Roberts rightly raises recruitment to the armed forces at 16, and as she says, this is not the first time that the issue has been addressed. It was discussed when I served on the Committee that considered the Armed Forces Act 2006. Like my hon. Friend Conor McGinn, I think that it does us no service trying to draw an analogy between the recruitment of youngsters in the UK at 16 and those who are forced to join up to fight in wars, for example, in west Africa and other parts of the world. The contrast could not be starker, and as my hon. Friend said, it does no good to our cause of trying to eradicate the practices that take place in other parts of the world.
Youngsters recruited from the age of 16 cannot be deployed until they are 18, and the activities that those individuals undertake are a force for good. I have visited Harrogate, and one of my most inspiring days as a Minister was spent at HMS Raleigh, taking a passing out parade. When talking to the individuals who had completed their basic training there, the changes that had taken place were clear, as was not only their pride but that of their families who attended the event. Some of the parents told me afterwards that the changes that they saw in the short time—10 weeks—that those individuals had been in the Navy was nothing short of remarkable.
On the tragic circumstances at Deepcut, I served on the Defence Committee, along with you, Mr Crausby, when we did a major investigation into the duty of care.
Not only the last Government but this Government are committed to the changes proposed not only in the Select Committee report but in that of Mr Nicholas Blake QC on the tragic events at Deepcut. Is it right to say that there were problems? Yes, there were problems, and we referred to them in our report. Many of them have been addressed, including guard duty, which was used to occupy people’s time between phase 1 and phase 2 training.
The work that all three services do with the individuals who join up at 16 is certainly important. All three services do remarkable work correcting the problems that some of those individuals have had in the education system. Work such as that done at Harrogate and Catterick with Darlington college, for example, to try to raise literacy rates is not only helpful to the individual, but remarkably successful.
I see no problem with the recruitment of young people at 16. The involvement of parents has been mentioned. As far as I am aware, they are fully involved in the process before people agree to join the armed forces, and their involvement is ongoing. All three services work closely with parents and guardians. One aspect that we covered in the report by the Defence Committee was the case of young people coming out of care and joining the armed forces. I know that the MOD has put in place clear protocols for dealing with individuals in that situation.
An issue that requires attention, which I struggled with and which I think the Minister will struggle with as well, is early service leavers—people who leave not after basic training, but shortly after joining the armed forces. Such cases raise difficult questions about how the armed forces can help those young people in their transition back to civilian life, and how civilian life can address some of the problems that those young people have, not necessarily as a result of their career in the armed forces, but deep-seated problems that were present before they joined.
Anyone who meets recruits at our basic training facilities cannot fail to be impressed by the transformation of those individuals. We sometimes concentrate on the negative aspects of being a member of our armed forces. I have always been proud to say that in most cases being a member of the armed forces is life changing for those individuals, and has a positive impact on their career choices, their lives in the armed forces and subsequently, when they leave and become Government Ministers, like Mark Lancaster.
I am delighted to be joined by my right hon. Friend the Minister for Policing, Crime and Criminal Justice who, I hear, joined the Army at the age of 16 years and two days—[Interruption.] A long time ago, yes.
I recognise that there are a variety of views across the House and I am grateful to be able to debate the amendment tabled by Liz Saville Roberts. The MOD sees junior entry as offering a range of benefits to the individual, the armed forces and society, providing a valuable vocational training opportunity for those wishing to follow a career in the armed forces. We take our duty of care for entrants under 18 extremely seriously. Close attention has been given to this subject in recent years, especially after the tragic deaths at Deepcut. We have robust, effective and independently verified safeguards in place to ensure that under-18s are cared for properly.
The provision of education and training for 16-year-old school leavers provides a route into the armed forces that complies with Government education policy and provides a significant foundation for emotional, physical and educational development throughout an individual’s career. There is no compulsory recruitment into the armed forces. Our recruiting policy is absolutely clear. No one under the age of 18 can join the armed forces without formal parental consent, which is checked twice during the application process. In addition, parents and guardians are positively encouraged to be engaged with the recruiting staff during the process.
Service personnel under the age of 18 are not deployed on any operation outside the UK except where the operation does not involve personnel becoming engaged in, or exposed to, hostilities. In July 2015, the High Court dismissed a judicial review brought by the organisation Child Soldiers International, alleging that the enlistment of Army recruits aged 16 to 18 was in conflict with the equal treatment directive. All service personnel have a statutory right to claim discharge up to their 18th birthday, and the right of discharge is made clear to all service personnel on joining the armed forces. There is a long-standing legal right of all new recruits, regardless of age, to discharge within their first three to six months, depending on their service, if they decide that the armed forces is not a career for them.
Under armed forces regulations, everyone under the age of 18 serving in the armed forces has a further right to claim discharge up to their 18th birthday. For the first six months of service, this is achieved by giving not less than 14 days’ notice in writing to their commanding officer after an initial period of 28 days’ service. At any other time after six months’ service, those under the age of 18 who wish to leave must give notice in writing to their commanding officer, who must then discharge the under-18 within the next three months. For those who give notice just prior to their 18th birthday, this means that the latest they will be discharged is at 18 years and three months of age. These three months represent a cooling-off period to avoid the unintended consequence of a decision made in the heat of the moment. A shorter period may well be agreed with the commanding officer, but three months provides the under-18 with a period of due reflection and the right to rescind their request for discharge. This process ensures that individuals under the age of 18 have an appropriate period of time to consider their decision to leave, and offers flexibility depending on individual circumstances. Ultimately, all service personnel under the age of 18 have a statutory right to leave the armed forces up until their 18th birthday.
All recruits aged under age 18 receive key skills education in literacy and numeracy, should they need it, and all are enrolled on to apprenticeships. The armed forces remain the UK’s largest apprenticeship provider, equipping young people with valuable and transferable skills for life. Over 95% of all recruits, no matter what their age or prior qualifications, enrol in an apprenticeship each year. The armed forces offer courses in a wide range of skills, such as engineering, information and communications technology, construction, driving, and animal care. Ofsted regularly inspects our care of newly joined young recruits, and we are very proud of the standards we achieve. We welcome this specialist confirmation that we treat our young recruits well. In the Select Committee, the Chief of the General Staff, Sir Nick Carter, described the process of recruiting young people, treating them in the right way, and providing them with new opportunities as “incredibly positive”. I take pride in the fact that our armed forces provide challenging and constructive education, training and employment opportunities for young people while in service.
I take on board the point made by Mr Jones, and agree with him, about his concerns for early leavers. I am focusing on that area, and I am delighted that it is addressed by the new career transition partnership that was introduced on
I thank everybody who has taken part in the debate. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.