The first test of an Opposition is whether it can support the Government constructively when they do positive things, introduce positive additions to Government legislation, and scrutinise both the intentions and implications of Government legislation. In all these regards, I believe the Labour party has done an important job of work in Committee and on Report. I am glad that the Bill leaves the House in a stronger state than when it arrived. We should be very pleased with that.
We welcome the provisions in the Bill to: extend the circumstances in which commanding officers can require service personnel and civilians, subject to service law, to be tested for drugs and alcohol after accidents; simplify the processes by which service personnel are charged with offences by reducing the number of stages required to decide and bring charges; and create of a statutory framework for immunity and sentence reductions for offenders who co-operate in investigations and prosecutions. The Bill will also bring the Armed Forces Act 2006 into force in the Isle of Man. As we have heard, consultation is ongoing with regard to Gibraltar. The Bill will also ensure that MOD firefighters will have the statutory powers to act in an emergency to protect life or property.
I have already covered the Labour amendments to the Bill, which we are pleased the Government now support. We were, however, disappointed that in Committee the Government failed to adopt our amendments relating to the incredibly important issue of sexual assault in the military. There is substantial evidence that sexual harassment is a major problem for a number of people serving in our armed forces, and for servicewomen in particular. Last year, General Sir Nick Carter described the level of sexual harassment in the military as “totally unacceptable”. Despite widespread acknowledgement of the problem, however, there is an alarming scarcity of reliable data. The Government do not regularly collect or publish statistics on the number of allegations, prosecutions or convictions related to sexual assault and rape. Labour’s new clause 5 sought to require the MOD to publish statistics on sexual assault and rape, including: the number of cases referred to the service police, how many cases are prosecuted and how many convictions are secured. Without a central register, we are leaving our armed forces at a disadvantage.
A recent report by Her Majesty’s inspectorate of constabulary on the Royal Military Police found that there was a
“lack of standards and guidance on incident and crime recording”.
Currently, when allegations of sexual assault are made it is up to individual commanding officers to decide whether to investigate them themselves or to refer an allegation to a police force, which may be either military or civilian. We on the Labour Benches believe it is wrong to put allegations of serious sexual assault alongside other misdemeanours in behaviour. Labour’s proposed new clauses 6 and 7 would have removed commanding officers’ discretionary powers in these cases, introducing a legal requirement for all allegations of sexual assault to be referred to the relevant civilian police force for investigation. The Government chose not to adopt any of the amendments in Committee, deeming them all “unnecessary”. We feel that this is an opportunity missed.
Nevertheless, we recognise that, partly thanks to pressure from Labour, important amendments have been made to the Bill, including measures to ensure compensation for veterans suffering from mesothelioma, and the removal of unnecessary discriminatory clauses. I would like to echo the Minister’s comments and take this opportunity to thank all Members who scrutinised the Bill, and all those who have made a contribution to it: the Chairman of the Bill Select Committee, the Clerks of the House and other staff who facilitated the Committee stage. I even thank those members of staff at the Ministry of Defence who have done an admirable job of persuading the Minister to make the right decision or to appear to know what he was talking about—never an easy task. Seriously, I thank the Minister for the very positive steps he has taken during the passage of the Bill to ensure it leaves in a better state than it was in when it arrived. I look forward to working constructively with him at further stages.
The Bill will now be scrutinised in another place and Labour will continue to push the Government on some of the issues raised in Committee. We will continue to stand up in every case for the rights of our armed forces personnel and veterans. Labour believes in a modern, effective armed forces to ensure the security of Britain in the world. It is for that reason that I am pleased to offer our continued support to all those who serve our country, and to the Government’s positive measures that improve the lot of the personnel who serve.
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