New Clause 1 - Duty of care to service personnel

Part of Armed Forces Bill – in the House of Commons at 4:45 pm on 13 July 2021.

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Photo of Martin Docherty Martin Docherty Shadow SNP Spokesperson (Industries of the Future and Blockchain Technologies), Shadow SNP Spokesperson (Foreign Affairs Team Member), Shadow SNP Spokesperson (Defence Team Member), Shadow SNP Spokesperson (PPS to the Westminster Leader) 4:45, 13 July 2021

I associate myself with some of the remarks of Mr Jones, especially those about the work he and Sarah Atherton have been doing in the Defence Sub-Committee on women in the armed forces.

As we discuss the Bill’s remaining stages, it is unfortunate to reflect that at no point in its journey has it received the attention I would hope for such an important piece of legislation, especially in a week in which we see the inevitability of the external factors that always pop up and seem to push armed forces welfare down the pecking order.

Today, unfortunately, it is international aid. I often wonder whether there are some in the defence establishment who see the aid budget as a golden goose whose slaughter would provide some sort of bounty for the armed forces, solving any funding crisis in the equipment budget. Although I do not want to say it, even if we were to cut the entirety of the aid budget, defence would still need reform.

That is particularly pertinent when it comes to the lack of progress on service justice in the Bill. I have seen it throughout my time on the Defence Committee, especially each year when we hear from the ombudsperson for the armed forces about how their role is stymied by a lack of investment and interest, and by byzantine regulation. Although excellent work is being done across the board by a plethora of armed forces charities, I cannot help but feel each time that the hugely divergent range of lived experiences of the 170,000-odd people in uniform—their geographical spread and divergent socioeconomic circumstances—means that charity, however well intentioned, often does not reach those who need it most.

In the case of both service justice and access to services for those in need, which are included in amendments this afternoon, we see a continuation—at least from my perspective and that of my party—of a two-tier system that enshrines class and social privilege, and ensures that the organisation itself will be unable ever to realise its full potential. The deficit in both service justice and access to services brings us to the case of Lance Corporal Bernard Mongan. This week, the Army’s report into his death in January 2020 was brought to wider attention. It admitted

“failings in the proper management of personnel”,

meaning that Bernard lay dead—undiscovered, in his bed, in his room in his barracks—for three weeks. I wrote to the Secretary of State about this case last year, and I have no doubt that the Ministry and the Army feel that his death was unacceptable and profoundly regrettable. However, there are other unsettling aspects of the case that speak to some of the challenges that we face in this Bill.

Lance Corporal Mongan came from a Traveller background. Although I do not want to go into whether that was a contributing factor in the bullying that may or may not have led to Bernard’s death, we must ask ourselves why it is that, time and again, those from our most marginalised communities are failed in this appalling fashion. This is precisely the moment when we should be ensuring that equality of opportunity and an armed forces who are representative of all communities on these islands become a reality. I can only, sadly, come to the conclusion that that is an opportunity that has been missed.

Although enshrining the armed forces covenant into law is welcome progress, a real legislative framework for armed forces personnel in this political state is, quite simply, long overdue. We can call it a bill of rights for the armed forces or an armed forces representative body, as has been my party’s policy for many years. I could even call it a trade union; I do not have a problem with the words “trade union”. We could at least start by giving members of the armed forces a contract that clearly states the obligations that their employer has to them and vice versa. Until we do, it is unlikely that we will be able to address the underlying issues that so many armed forces personnel face.

Finally, I feel that I should touch on something that is in a way connected to this legislation and which illustrates the knots into which the UK Government tie themselves to keep up appearances. I am currently chairing the Defence Sub-Committee on the subcontracting of MOD staff, which held its first evidence session yesterday. We will hear Ministers and other Members today make references to things such as “defence family”, “defence people” and “whole force”, but the demonstratable experience of many of those who make up the whole force, including my own constituents, is one of worsening conditions, lack of security and increasing alienation with the picture that is painted, I am afraid, by those who come to the Government Dispatch Box, including the Minister. We will undoubtedly hear all about the increase in the capital budget from the Government Benches today. I only wish that we might hear more about the day-to-day spend that is to remain stagnant over the next five years and what the Government intend to do to ensure that it is not the poorest paid in the armed forces who bear the brunt of this fiscal restraint.

I have always believed that in life, just as in politics, the key measure of our character and our beliefs is how we treat those with the least power and agency. It is high time that we enshrined the rights and responsibilities of all members of the armed forces, and, indeed, all those who support them. I will never tire of saying in these debates, Madam Deputy Speaker, let us speak of them less as heroes and more like you and me, entitled to everything that you and I would expect. It is the very least that we can do.