I am pleased to be able to speak for the Scottish National party today on flexible working in the armed forces. I will start by declaring an interest: my husband is a retired Royal Navy officer with 17 years’ service. Many of the issues raised today affected our family. In his last year of service, my husband had only six days’ leave, and that included weekends. That sort of leave entitlement is clearly unsustainable, and many service personnel, particularly parents, eventually have to decide between career and family.
We in the SNP very much welcome the move towards flexible working for the armed forces. This is a real opportunity to modernise and reform the armed forces, particularly the work-life balance of the brave men and women who choose to serve. Any moves towards a more family-friendly environment have the potential to be transformational, so we enthusiastically support them. However, as has been said by the hon. Member for Llanelli (Nia Griffith), with any legislation the devil is in the detail.
We broadly support the aims of clause 1(3)(a), but I am struggling to understand how it would work in reality. If, as it appears, it applies to non-frontline posts only and is not applicable to branches that are deploying on operations, I believe this is a missed opportunity. By applying a little creative thinking, we could find ways in which it could operate in these circumstances. For example, if a unit is sent to a conflict zone, a person could deploy for a proportion of a tour that corresponds with their agreed service. That raises other difficulties relating to gaps in the unit and possible unfamiliarity with the territory, but perhaps we could then consider people deploying on every second tour.
Although I accept that that would be alien to many who are currently serving and it will need an entirely new mindset, the continuous attitude survey shows that
the impact of service on family and personal life remains the top reason for leaving. When we find ourselves in a situation where only 10% of personnel are women, clearly action must be taken. I am pleased that the flexible working trial in the Army has been well received, and the fact that two thirds of the applicants were female suggests this legislation is long overdue.
According to the explanatory notes, clause 1(4) will give a commanding officer
“the ability…to vary, suspend or terminate the arrangement in prescribed circumstances, for example: national emergency or some form of manning crisis”.
That causes me some difficulty. I do not think anyone would have a problem with the suspension of the agreement during times of national emergency, but we know already that there are acute shortages in some key areas, such as the submarine service, where my husband served. Additional submarine pay and retention bonuses have not addressed this problem. Such a “manning crisis” could apply to the whole submarine service. If someone happens to serve in a branch that is struggling to recruit and retain, will part-time working not be applicable to them? If that is the case, although the Bill is well intentioned, it will not address any of the shortages and retention issues that many branches experience.
I wish to digress slightly for a minute. At the weekend, we heard the shocking news that nine submariners had tested positive for drugs. The Secretary of State was absolutely correct to take the swift action he did, but where does this leave the UK’s continuous at-sea deterrent? It is a pity the Secretary of State is no longer present, because I would like to know what guarantees he can give that, if a branch is already operationally stretched, the committed personnel will not suffer leave curtailment and non-flexible working as a result of shortages or because of the behaviour of others.
Concerns have already been expressed that flexible working should not become a way for the Ministry of Defence to save money on an already overstretched defence budget. Flexible working should never become a way for employers to reduce their employees’ hours against their will. Will the Minister assure us that no part-time contracts will be imposed on any service personnel? It is clear that those granted part-time contracts will have pay and pensions reduced to a pro-rata value. Will the Minister clarify that that will not result in service personnel losing other benefits, such as service accommodation?
The geographic restriction in clause l(3)(b) is a welcome step, but again I seek more detail on the specifics. Earl Howe stated that personnel will not be separated from their home base for more than 24 hours at a time any more than 35 times in a given year. Perhaps I am confused, but more than 24 hours could mean 25 hours or it could mean a fortnight. For the provision to have any real punch, there needs to be a maximum time limit. Will the Minister clarify how the Government came to the conclusion that 35 times a year would be the appropriate limit? Will there be a maximum time limit for these separations?
If the Bill is to be properly implemented and achieve the required outcomes, personnel need to be properly represented within the military and with defence policy decision makers. Putting an armed forces representative body on a statutory footing is the norm for many countries, including Germany, the Netherlands, Ireland
and the Scandinavian countries. Interestingly, the armed forces in the Netherlands are represented by four trade unions. Service personnel there who are over 50 have to be encouraged to leave to make space for younger recruits. What a luxurious situation they have.
Recognised representation is a key way for the UK Government to better understand the needs and requirements of our armed forces and their families. If the Government are serious about improving the lives of our armed forces in every respect, from pay and conditions to the standard of housing, they should put the armed forces representative body on a statutory footing. I plan to raise that issue again in Committee. The measures in the Bill are a step in the right direction, but the UK Government could use this opportunity to do more for service personnel and their families.
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