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

(2) In section 343A, after subsection 7, insert—

‘(7A) Particular descriptions of service people as set out in subsection 7 shall include service people aged under 18, in respect of whom the Secretary of State shall consider:

(a) whether as a consequence of their service any disadvantage arises regarding their mental and physical health and their attainment of accredited educational qualifications in comparison with civilians of the same age; and

(b) whether their service is consistent with their best interests.’”—

This new clause requires the Secretary of State to use the annual Armed Forces Covenant report to assess (a) the health and educational outcomes of personnel under age 18 and (b) the service of personnel under age 18 in relation to the Convention on the Rights of the Child article 3.

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 new clause 12—Mental health report—

“(1) No later than 12 months following the day on which this Act is passed, and every 12 months thereafter, the Secretary of State must publish a report which must include—

(a) a definition of what constitutes ‘priority care’ as set out in Armed Forces Covenant and how the Secretary of State is working to ensure that it is being provided, and

(b) a review of waiting time targets for service personnel and veterans accessing mental health support.

(2) The first report published under this section must also include a resource plan to meet current Transition, Intervention and Liaison Service waiting time targets for the offer of an appointment in England and set new targets for mental health recovery through the veterans mental health pathway.”

This new clause would require the Government to produce a definition of ‘priority care’ to help primary care clinicians deliver the commitments in the Armed Forces Covenant, conduct a review of mental health waiting time targets for service personnel and veterans, and produce a resource plan to meet current waiting time targets.

The new clause would require the Secretary of State to use the annual armed forces covenant report to assess the health and educational outcomes of personnel under the age of 18 and the service of personnel under the age of 18 in relation to article 3 of the convention on the rights of the child.

The time in a young person’s life from the ages of 16 to 18 is significant, and this transition to adulthood is typified by expanding opportunities and capabilities. These years also bring substantial risks and vulnerabilities. Research undertaken by UNICEF has shown that adolescents are more vulnerable to external pressure, influence and risk taking than adults are because of the processes of neurocognitive and psychological development. To ensure the transition between adolescence and adulthood as a time for healthy development and resilience building, 16 and 17-year olds must be in an environment that facilitates sustained learning, skills development, respect for individuality, social support and strong relationships. The UN convention on the rights of the child recognises the needs and vulnerabilities of adolescents and it consequently defines every person below the age of 18 as a child. This convention obliges all public or private social welfare institutions, courts of law, administrative authorities or legislative bodies to always consider the best interests of the child in any matter which concerns them.

I do not consider 16 and 17-year olds to be children; I would consider them as young people. However, the same applies here. For the reasons I have stated, we have a moral and legal duty to pay particular attention to the experiences and outcomes of those who join the armed forces before they turn 18. Those under 18 in the military take on risks and obligations just like their adult colleagues, which may put them at a disadvantage relative to their civilian peers in areas such as health and education.

While Army recruits are not sent to the frontline until they turn 18, the impact of military employment at such a young age, particularly on recruits from a stressful childhood background, has raised numerous human rights and public health concerns. Among those who have raised concerns have been the UN Committee on the Rights of the Child, the Children’s Commissioners for the four jurisdictions of the UK, and the Joint Committee on Human Rights. The Ministry of Defence does not collect information about the socioeconomic profile of armed forces personnel. However, other research has found that Army recruits under the age of 18 generally come from England’s poorest constituencies, with recruitment concentrated in urban fringe areas in the north of England.

Official data from the MOD shows that the youngest recruits tend to have underdeveloped literacy. Education for the youngest Army recruits is largely restricted to basic literacy, numeracy and IT. As I have already mentioned, with 30% of 16 and 17-year-old recruits leaving before finishing phase two training, that presents an immediate risk to their employment, education, training and social mobility prospects, and it certainly puts them at a disadvantage compared with their civilian peers.

As for health, those recruited under the age of 18 are more likely to die or be injured in action over the course of their military career, and they are at greater risk of mental health-related problems, such as alcohol abuse and self-harm. The additional rights and protections of 16 and 17-year-olds under the law and the need to ensure positive health and educational outcomes for this age group is a clear justification for the MOD to consider the impact of military service on personnel aged under 18.

As such, new clause 3 would require the Secretary of State to use the annual armed forces covenant report to assess the health and educational outcomes of personnel under the age of 18 and to consider whether service is in their best interest. Such annual reporting carries no risk to the effectiveness of the armed forces, rather it would solely ensure that those entering the armed forces under the age of 18 are given the consideration they require.

When we are considering the issue of no disadvantage in health and education, this should include proper consideration of the disadvantage that young recruits may experience compared with other 16 and 17-year olds. As these years are crucial in shaping life outcomes, it is important that the Ministry of Defence treats the welfare of service personnel under the age of 18 with the highest priority and comes forward freely to report on their outcomes.

It is a pleasure to follow the hon. Lady. New clause 12 would require the Government to do three things: first, to produce a definition of “priority care” to help primary care clinicians to deliver on the commitments in the armed forces covenant; secondly, to conduct a review of mental health waiting time targets for service personnel and veterans; and, finally, to produce a resource plan to meet current waiting time targets. I shall address each in turn.

“The Armed Forces Covenant Annual Report 2020” acknowledges the confusion about what priority care means. It says that

“in practice this remains inconsistent, and there is a lack of clarity about the interpretation of the policy by government, clinicians, and the NHS.”

During oral evidence to this Committee, Ray Lock, from the Forces in Mind Trust, said that

“anything you can do to provide greater certainty would be helpful.”

The first part of this new clause therefore seeks to do just that and provide a definition as to what the Government really mean when they talk about priority care and treatment.

Moving to the second part of the new clause, on a review of mental health waiting time targets for service personnel and veterans, I have already written to the Minister regarding waiting times under TILS—the veterans’ mental health transition, intervention and liaison service—which have not been met. The average waiting time to be offered a face-to-face appointment for TILS in 2019-20 was 37 days, which misses the target of 14 days. Conducting a review of mental health waiting time targets for service personnel and veterans would establish why they are not being met and—to move to the final part of the new clause—what action needs to be taken to address that gap.

I know that the Minister is proud of the launch of Operation Courage, but I urge him to continue to seize this moment to make real and measurable change to the mental health services for serving personnel and veterans. This new clause would bring much-needed clarity to the priority care promised through the covenant and is designed to address the issue of waiting times not being met. I know that the Minister will want to resolve those issues and I therefore hope that he takes the opportunity offered by the new clause.

I pay tribute to the hon. Member for Washington and Sunderland West and her dogged support for these issues. The problem that the Government have with new clause 12 is the fact that this stuff is already covered in the annual covenant report, as required by the Armed Forces Act 2006. On the issue of waiting time targets and resource plans, I refer hon. Members to the armed forces covenant report, which contains that suite of metrics concerning physical and mental health service provision.

I recognise that the hon. Lady has written to me, and I am investigating the figures that were presented in the House. I have a dashboard that shows me waiting times in TILS, the CTS, which is the complex treatment service, and HIS, the high intensity service, across the country. If it is wrong, I will write to her and correct the record, but above that, I will do everything I possibly can to drive down those waiting times.

The metrics assessing health service performance are kept under constant review to ensure that they continue to usefully measure the state of health service provision in England. Separate reporting in this case would be disproportionate. Although I appreciate the desire to pin down in general terms the definition of “priority care”, we must be circumspect in doing so or risk the possibility of unduly binding those public bodies that are in scope to a model that would not necessarily meet the needs of the local population. It is for that reason that we designed the legislation around a duty to have due regard. That ensures that service deliverers have the flexibility to cater for local requirements, while ensuring an increased awareness and understanding of the armed forces covenant.

The Department will be developing guidance with a wide range of stakeholders over the next year. It will include an explanation of the unique features of service life and the sacrifices made by the armed forces community. It will explain how these obligations and sacrifices can cause disadvantage for the armed forces community in respect of their ability to access goods and services.

Healthcare bodies will be able to use this additional information about potential areas in which members of our armed forces face disadvantage when considering standard needs assessments and prioritisation policy. For instance, because service personnel are required to be mobile, they may experience disruption in a course of treatment. This will ensure that such policies are developed with an enhanced understanding of the impact on service personnel and their families. We have and will continue to communicate with these key stakeholders through initiatives such as the MOD/UK Departments of Health Partnership Board, as well as directly to the armed forces community through a dedicated communications strategy.

Turning to new clause 3, I previously outlined the excellent training and education the armed forces deliver as one of the country’s largest apprenticeship providers, working with industry and the Department for Education to deliver the recognised transferable qualifications. The training is just one of many benefits available to all recruits as part of a military career, including those under 18 years old. I also referred to our long-standing relationship with Ofsted and our track record of consistent improvement. Ofsted offers independent scrutiny and challenge. Its independent reports on armed forces training are published annually and are publicly available. We feel that that is the proper way to report on educational achievement and intend to continue this relationship under the terms of recently agreed new inspection framework.

I obviously reject the implication in the proposed new clauses that an armed forces career results in any disadvantage to our under-18 service personnel. The reality is that the armed forces provide a compelling and high-quality career, founded on superb training and the highest standards of care for each and every one of them. I hope, given these assurances, the hon. Members for Glasgow North West and for Washington and Sunderland West will agree to withdraw their new clauses.

For the reasons I have already stated, we have a moral and legal duty to pay particular attention to the experiences and outcomes of those who join the armed forces before they turn 18—both for those who remain in service and those who choose to leave early. While the Minister highlighted some of the work that has been done in this area with Ofsted and the MOD, surely it would not be difficult to make a specific report on the outcomes of the 16 and 17-year-old recruits? They have very specific needs and requirements. I cannot see any reason why there cannot be a statement on the health and educational outcomes of these personnel in the annual report. At the moment, however, I am happy to withdraw the new clause. I thank the Minister for his comments, and I hope he will consider my contribution. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Order. We are drawing today’s session to a close. We meet again on 31 March.

Adjourned till Wednesday 31 March at Nine o’clock.