Armed Forces Bill

My Lords, I recognise the noble Baroness’s concerns, which form the background to her amendment and to the way in which she has responded to points made in Committee on her earlier amendment. She wishes to bring awareness of and investigation into potential links between substance abuse, mental disorder and the committing of offences within the Armed Forces as close as possible to what is now required within the civilian justice system. My understanding is that alcohol abuse is currently a much more common problem in the forces than drug abuse. Mental health issues—particularly those associated with post-conflict trauma—are, however, a wider concern. I recognise the noble Baroness’s concern that there are insufficient and insufficiently trained staff to provide the examinations and reports that are needed. I reassure her that the MoD will look again at the level of provision, but I am informed that there have not been recent complaints from within the military that resources are inadequate. She raised the question of Germany. I have just checked again my previous understanding that UK forces remaining in Germany are now concentrated in two geographical areas and are not spread across the whole country. The appointment of two probation officers therefore seems appropriate. There remain some real problems with the exact terms of the amendment as drafted, which make it impossible for the Government to accept it. However, we do accept and share the underlying concern that the noble Baroness is addressing. The importance of the psychological state of an offender and the appropriateness in some cases of a specialist social or mental health approach instead of prosecution is well understood in the service justice system, as in the civilian system. However, the framework within which the forces operate is not, and cannot be, identical to the framework within which civilian offences are handled. None the less, the MoD and the Armed Forces are conscious of the importance of recognising at an early stage those who may need specialist attention. If possible, this must happen before offences are committed or prosecutions are started. That is part of the service support system. The measures to identify and support those who are vulnerable range from informal support within the unit through to specialist medical attention. I will not attempt to cover them all but there is a clear pre- and post-deployment stress management policy in place across all three services. No system can provide a guarantee to detect every individual at risk of mental disorder. Nevertheless, measures are in place to increase awareness at all levels. These include pre- and post-deployment briefing and the availability of support, assessment and treatment if required both during and after deployments. It is essential for there to be an understanding and awareness of mental health problems at all ranks and, in recognising the question of stigma, to remove the stigma that is still sometimes attached to admitting to mental health problems and obtaining treatment. Among the steps in place is the increased use of trauma risk management, known as TRIM. The aim is to provide non-specialist advice and support within the unit. Suitably trained members of each unit can do much to identify those in the unit who may have a problem, to give them basic but informed advice and support, and to refer them, if necessary, for specialist help. Another useful measure is decompression. This informal relaxation and briefing after an operational deployment allows individuals to begin to unwind mentally and physically while having time and briefing to encourage them to talk through their experiences. I have already made reference to the importance of understanding the psychological state of an offender and the appropriateness in some cases of a specialist social or mental health approach. But in most cases, drugs offences and offences of violence or damage to property will be prosecuted. When a case is serious enough to go to a prosecuting authority, whether civilian or military, that authority must consider the evidence available as to whether the suspect had the necessary intent to commit the offence under consideration. The prosecuting authority must also consider whether the interests of justice make a prosecution in that case appropriate. This is not a statutory requirement but part of the general responsibilities of those making decisions on prosecutions. It is also a prosecuting authority’s responsibility to keep these issues under review throughout the proceedings. The defence routinely provides submissions to the prosecuting authority about the accused’s state of mind and whether continued proceedings are appropriate. The prosecuting authority is therefore able to review in context its assessment of what the interests of justice require. It is also a prosecuting authority’s duty to disclose to the defence any facts it becomes aware of which go to mitigate the seriousness of the alleged offence. The prosecuting authority should, and does consider what the interests of justice require and, in particular, whether a prosecution is appropriate. It does so, taking into account the evidence before it. But it would go too far to require prosecuting authorities or commanding officers to consider and to record their consideration whether the suspect should be referred instead to specialist services. To do so would confuse the role of prosecutor and the role of a commanding officer with that of a court. It is right for a prosecutor and a commanding officer to have some discretion on whether to prosecute and to respond to what the interests of justice plainly require. However, there is an important boundary to be maintained between that role and the role this amendment would require them to play. The second effect of the amendment applies once the member of the Armed Forces has been charged. It would require the prosecutor and the court to consider referring an accused to specialist services before trial. This would, I believe, be wrong in principle and unfair to the accused. It would in effect require the court to consider how the accused should be dealt with before hearing the evidence. To take a simple example, if a member of the Armed Forces pleaded not guilty to a charge of assault, the amendment would require the court to consider referring the person to specialist services before it had heard the evidence on whether he or she had committed the assault. Lastly, the amendment would mean that members of the Armed Forces were singled out by statute as requiring in every case related to substance abuse, violence to a person or damage to property, special consideration of the need for assistance with substance abuse or mental health treatment. These do not apply to other citizens, and I do not consider that there are grounds for such a different approach between members of the Armed Forces and civilians. I emphasise that we recognise the importance of understanding the psychological and social background of an offender in the Armed Forces as well as in civilian life, and I hope that the noble Baroness will be reassured by my summary of what has been put in place in the Armed Forces to identify mental health problems and to treat them in the right way. In the light of the reassurances that I have given, I hope that the noble Baroness will feel able to withdraw her amendment.