Dr Andrew Murrison
MP for South West Wiltshire · Conservative · United Kingdom
“It is good to hear that the Government plan to replenish the dwindling stocks of Patriot missiles in Ukraine, which I suspect it will need this winter. However, Patriot is low volume and high cost. What the Ukrainians need is high volume and low cost.”
“Currently, the Royal Navy has an offshore patrol vessel permanently stationed in the Falkland Islands, but given the threat that is being faced and our need to demonstrate resolve—the sort of thing that, sadly, we did not demonstrate in the early 1980s, which led to miscalculation—will the Minister consider speaking to her MOD colleagues…”
“Since the Foreign Secretary is not going to get the co-operation, fulsome or otherwise, of the Israeli state in differentiating goods and services made in the settlements from those that are assembled, repackaged, produced and grown in Israel itself, how is he going to distinguish the one from the other?”
“The Government insisted on applying the social time preference rate to the disastrous Chagos deal to make an appalling deal look slightly better.”
“Will the First Secretary of State’s exercise in delivering democracy and local accountability and empowering local people include a look at large organisations that cannot be described as governmental or as quangos but that nevertheless exist firmly within the public domain, are established by statute, serve the public and are big employe…”
“I congratulate the Government on the hiring of Alistair Burt—he is a good hire and will do great things for some of these most complex of cases—but does the Minister agree that many of these cases are extremely difficult and exceptionally traumatic, and that it is far better to prevent them happening in the first place?”
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“Under this new legislation, however, their statutory remit will include a broader range of issues such as gauging veterans’ views on the support they receive from the Veterans Welfare Service and raising awareness of the armed forces covenant. This will provide me, as Minister for Defence People, Veterans and Service Families, and the Minister for Veterans’ Affairs with a source of independent advice on how the MOD supports our veterans and their families.”
“Heroiam slava. VAPCs were created in the immediate aftermath of the great war, as war pension committees. They have evolved over time and are, as my hon. Friend said, Burkean little platoons. They are there to support our veterans and their families, and they do so to the best of their ability, but we have been listening to them and to others. We agree that their structure needs to change, which is what lies at the heart of the Bill. This Government continue to uphold the covenant between our nation and our armed forces. As part of that, we will do all we can to ensure my hon. Friend’s Bill becomes statute. It is fully supported by the Government. At present, the VAPCs’ statutory remit is solely focused on engaging with the recipients of benefits related to the armed forces compensation and war pensions schemes.”
“First, I declare my interest as a veteran. I offer my congratulations to my hon. Friend the Member for Aberconwy (Robin Millar), both on the content of the Bill and the manner in which he has presented it. I also congratulate the hon. Members for Pontypridd (Alex Davies-Jones) and for Luton South (Rachel Hopkins) and my hon. Friends the Members for Bracknell (James Sunderland), for Old Bexley and Sidcup (Mr French), for Newcastle-under-Lyme (Aaron Bell) and for Bury North (James Daly) for their contributions and their support for my hon. Friend’s Bill. It is an auspicious day, which we have marked appropriately in this place. On Monday, I visited Ukrainians training on Salisbury plain, at Tidworth and Larkhill, and they are a remarkable group of individuals. Our veteran community stands shoulder to shoulder with them. Slava Ukraini.”
“Members some comfort, given some of the remarks made today. I hope it will. Although the MOD remains the sponsor body of the VAPCs, I have agreed with the Minister for Veterans’ Affairs that we will consider the review’s recommendations together to ensure the best outcome for our veterans, recognising that much of the support for veterans lies outside the Ministry of Defence. I say for the record that the MOD considers that this Bill raises no issues under the European convention on human rights and is ECHR compatible. I conclude by thanking my hon. Friend the Member for Aberconwy for his work to develop this Bill, which I wholeheartedly support. I commend the Bill to the House.”
“The VAPCs have a key role to play in providing Ministers with a regional insight into the experiences of veterans and their families in accessing MOD services beyond their current statutory confines. I give my hon. Friend the Member for Aberconwy the commitment he seeks on responding to representations by the VAPCs. In addition to modernising the VAPCs’ statutory framework, this Bill moves the statutory basis for the VAPCs into the Armed Forces Act 2006, which is considered to be a more suitable home, as the MOD is that Act’s sponsoring Department. This Bill will also ensure that the VAPCs can continue to evolve to best serve the needs of veterans and their families into the future. VAPCs, as non-departmental public bodies, are being reviewed as part of the public bodies review programme, in parallel with this Bill. That might give hon.”
“Yes, under the regulations and statutory instruments that fall from this Bill. I am more than happy to discuss this complex and nuanced issue with the hon. Gentleman on a future occasion, Mr Deputy Speaker, as I suspect you would call us out of order. I recently visited Norcross near Blackpool, the home of the Ministry of Defence’s armed forces and veterans services, to witness at first hand the wide range of very good work undertaken by dedicated people to support our veterans and their families. It ranges from administering the compensation and war pensions schemes to providing advice and support to service leavers through the transition process and beyond, to the running and oversight of the little-known Ilford Park Polish care home.”
“On Thursday I had the great pleasure of visiting Lancashire and in particular Veterans UK at Norcross. I met some really great people who provide a range of support to our veterans. One of the biggest impediments to progress is around data. Consequently, we are putting £40 million into a transformation programme that will digitise our existing processes, enabling our staff to provide more effective and efficient support to our personnel and veterans and substantially improve their experience.”
“I am very grateful to my hon. Friend. VAPCs provide a wonderful and unsung service, as did the war pension committees before them. Of course I look forward to 24 February, and I will give his Bill my wholehearted support.”
“The hon. Lady will be aware of the career transition partnership. She will be aware too of the special arrangements for veterans who are unfortunately ill or injured to get them into civilian life in a seamless way and provide them with the skills they need for the rest of their lives. It is important to understand that all servicemen and servicewomen are civilians in waiting. They all return to the communities from which they are drawn, and throughout their careers they have preparation to enable them to do so in as seamless a fashion as possible with the skills that they need.”
“I am grateful to my hon. and gallant Friend for his chairmanship of the all-party parliamentary group on veterans and for the survey that he has undertaken. I am very much looking forward to the results of that survey. He will be aware that the MOD does a variety of surveys and canvassing, to ensure that we are giving our serving personnel and our veterans and their families what they need to pursue their careers and to ensure that their lived experience is positive. I am very much looking forward to what his group has to say, and of course I will meet him.”
“First, I have to correct the hon. Gentleman. He is not right to say that veterans, or indeed defence personnel, are more likely than the general public to suffer from mental health problems. The reverse is the case. However, it is absolutely essential that we do all in our power to promote the mental health of our men and women. That is absolutely right, and he will be aware of a number of projects, including Op Courage and throughout peoples’ careers, to promote their mental health. We will continue to do that, but he needs to understand that defence is a positive experience for the vast majority of people who experience it.”
“The hon. Lady is referring to the quinquennial review, which has published its interim findings and will publish its definitive report in the spring. She is right to highlight some of the findings of that report in its interim form, and of course we will take into account all of those— [ Interruption . ] If the hon. Lady will allow me, we will take into account all of those in the spring, when the report is published. One of those things is to ensure that the system is less adversarial than it has previously been, but we have to understand that a lot of the delay is baked in because of the need to obtain proper, full, comprehensive medical reports.”
“I am grateful to my hon. Friend for raising that. I know Brize quite well and the accommodation that he referred to. He may be aware that all top level budgets are meant to be assessing their accommodation against the Defence housing standard and will report by the end of the year. In the meantime, he should know that over the next 10 years £1.6 billion will be invested in barracks accommodation to improve some of the truly awful accommodation that, sadly, our men and women have to put up with.”
“I cannot give the hon. Gentleman the undertaking that he asks of me; he will understand that. Obviously, all things are kept under review, but we clearly do value the service of those from overseas who serve in His Majesty’s armed forces, and I think that most of them have a very positive experience.”
“Some 97% of Ministry of Defence service family accommodation meets or exceeds the Government housing standard. That is better than most local authorities and better than most registered social landlords. The hon. Gentleman may be interested to know—I looked this up earlier—that 105 homes owned by his Labour-controlled local authority are below the decent homes standard. I suggest that he takes that up with his council.”
“As it happens, last Monday I visited the Defence Medical Rehabilitation Centre. I also heard about the NHS-led National Rehabilitation Centre, which will hopefully be stood up by the end of next year: together, they will be able to provide a truly trailblazing international centre for rehabilitation and research. Obviously, this country stands by to help Ukraine in its fight against Putin in any way possible, including in the rehabilitation of its brave men who have given so much not only in defence of Ukraine, but in defence of the rest of us.”
“I am grateful to the hon. Gentleman for raising the matter. There is no question but that between 1967 and 2000, people in the LGBT community were badly dealt with by Defence. That is why we have set up the Etherton review, which will report shortly. Having met Lord Etherton, I can tell the hon. Gentleman that he will be forensic in his examination of the data. I think I can assure the hon. Gentleman that the handling of records, as far as we can tell, was carried out in accordance with civilian practice, but of course we will stand by and wait for his lordship to opine on the matter. We will comment further when he has done so.”
“I am aware that my hon. Friend knows Fort Blockhouse intimately, as indeed do I. It is aesthetically charming, but it is beyond reasonable repair when it comes to accommodating servicemen and women. We are spending money on HMS Collingwood, and I hope that it will be brought up to spec shortly.”
“Obviously I cannot comment on a specific case when I do not have the details, but if the hon. Lady will send them to me, I will certainly look into them. Every local authority that signed up to the armed forces covenant needs to be mindful of its duty to look after servicemen, servicewomen and their families.”
“I am grateful to my hon. Friend and predecessor. I see no evidence that people are being misdiagnosed or mismanaged. This is, of course, a matter for healthcare professionals and consultant psychiatrists in particular, and I cannot really interfere with their diagnoses, but I have noted my hon. Friend’s concerns, and I will certainly look into the issue.”
“My hon. Friend may be referring to the career transition partnership, which is normally used for people making the transition to civilian life. The defence transition service is for those who have sustained an injury or illness. It is designed to ensure that people have the support that they need in order to adapt to their particular circumstances, and that they have the best possible chance of getting a decent civilian job after they leave the services. It is very successful in what it does, as is the career transition partnership.”
“Absolutely. It is the top priority for me, the Secretary of State and Minister for Defence Procurement. We must bear in mind that 97% of those houses are above the Government housing standards—better than most councils and registered social landlords. But we must do better, and we are bending ourselves to that task.”
“In 2021, amendments to the 1943 Act were made that would allow us to align the rules under which late appeals are accepted in Scotland and Northern Ireland with the current rules in England and Wales. The draft regulations seek to amend the Pensions Appeal Tribunals (Late Appeals) Regulations 2001 to remove the current anomaly and align the rules on late appeals across the United Kingdom.”
“Until recently they did not allow tribunals in those jurisdictions to treat late appeals with such flexibility, and tribunals could do so only in specific circumstances set out in regulations. The Lord Chancellor established a war pensions and armed forces compensation advisory steering group to pursue consistency in the procedure for appeals across the United Kingdom. It concluded that existing late appeal processes may—possibly—disadvantage appellants in Scotland and Northern Ireland. The request to make these amendments came from the presidents of tribunals in Scotland and Northern Ireland, and the devolved Administrations have been consulted on, and have approved, the draft regulations.”
“The pensions appeal tribunals in Scotland and Northern Ireland continued to exist under the provisions of the original 1943 Act. As I said, claimants who disagree with decisions by the Secretary of State may appeal those decisions, and they have 12 months in which to make that appeal. There is also provision for what is known as a “late appeal”—an appeal made more than 12 months after the original decision, but within 24 months. As a result of the 2008 reforms in England and Wales, a late appeal is accepted by the first-tier tribunal unless the Secretary of State objects. If the Secretary of State does object, the tribunal has the power to consider the matter and admit the appeal if it is fair and just to do so. However, the provisions of the 1943 Act still apply to the tribunals in Scotland and Northern Ireland.”
“The schemes provide compensation where persons have sustained illness, injury or death wholly or partly as a result of service in the regular or reserve armed forces. Claims made under the rules of the various schemes are decided by the Secretary of State for Defence, and claimants who do not agree with the decision have a right of appeal against most substantive decisions. Before 2008, all such appeals were made to pensions appeal tribunals, which operated across the United Kingdom under the provisions of the Pensions Appeal Tribunals Act 1943. Following the 2008 courts and tribunal reforms in England and Wales, a war pensions and armed forces compensation chamber of the first-tier tribunal was created in England and Wales with its own rules, made under an Act that extended to England and Wales only.”
“I beg to move, That the Committee has considered the draft Pensions Appeal Tribunals (Late Appeal) (Amendment) Regulations 2022. May I say what a pleasure it is to serve under your chairmanship, Ms Nokes? I declare an interest as a current reservist and a past beneficiary of the war pensions scheme. The statutory instrument will change the rules allowing late appeals against decisions under the various armed forces compensation schemes in Scotland and Northern Ireland. The purpose of these changes is to align the rules for Scotland and Northern Ireland with the current rules in England and Wales. It is worth emphasising that that alignment, although it is the right thing to do, will in practice materially affect only a very small number of appellants.”
“The point of this is to erase that incongruity but, as I said in my opening remarks, the expectation is that the number of people who will be affected by this is very small, and I hope the figures that I have given serve to illustrate that.”
“In terms of the criteria and why this is going to be helpful to people in Northern Ireland and Scotland, it introduces flexibility. At the moment, the only way to make a late appeal is on the grounds of a set of very defined circumstances. This removes that constraint and it is important to say that this is at the request of the presidents of tribunals in Northern Ireland and Scotland and the Lord Chancellor’s advisory group. This is something that they have identified as causing the playing field to not be as level as it should be and is therefore seen to be erasing a potential disadvantage that people living in Northern Ireland and Scotland making an appeal for a late application may fall under.”
“The matter of nuclear test veterans and others is kept under review by the independent medical advisory group, whom I have met, and it examined the epidemiology of various conditions. So far, the data regarding nuclear test veterans gives us some cause for reassurance. That data is kept under constant review, given the passage of time, to make sure that individuals have not been disadvantaged because of their military service. On the grounds for objection to an appeal by the Secretary of State, the truth is that the Secretary of State does not object. Even if he did, it could be overturned by a tribunal. That has been a consistent feature. I have asked officials whether we have any records of the Secretary of State objecting, but we could not find any.”
“I hope that gives a sense of the extent of the matter that we are dealing with today. In terms of breaking down by cause, illness or injury, I will reflect on the hon. Lady’s request. When we get down to these small numbers, there is a danger that we might start identifying the causes for people appealing, and it might be that that information is protected. Perhaps the hon. Lady will allow me to reflect on that, but if I can be helpful, I will be. On the wider reforms to the armed forces compensation scheme, there is the quinquennial review that is currently under way. I expect that to report in the spring, and we will then have to make a decision on whether the scheme is fit for purpose or whether it needs to be changed.”
“It is worth pointing out that 24% of decisions made on the armed forces compensation scheme are in fact appealed—a significant number. Most of those come within the 12 months, so what we are talking about is what happens if people bring an appeal outside that time, between 12 and 24 months, and the answer is very few. If I give the hon. Lady a few figures, that will go some way to addressing the points that she made. From the data that I have, since 2019 Northern Ireland has received eight late appeals, of which seven were accepted and one was rejected by the president. Scotland has received four late appeals, of which two were accepted and two are still pending awaiting reasons for lateness from the appellant. In the past 12 months in England and Wales, there have been no late appeals.”
“This has been identified by the presidents of the tribunals and by the advisory group set up by the Lord Chancellor to address what appears to me to be a theoretical disadvantage that residents of Scotland and Northern Ireland may face. It is for that reason that this measure has been introduced. I hope that is helpful. Question put and agreed to.”
“I cannot possibly see how any of the service charities, Cobseo or any group of veterans could object to the playing field being levelled in the way that has been described, particularly since this has been driven by the presidents of the tribunals and the Lord Chancellor’s advisory group. If there was any suggestion that anyone was going to be relatively disadvantaged, we would have to have done, as the hon. Lady said, a piece of work around wider public consultation, but, on the grounds of proportionality, that would be unnecessary in this particular case. The hon. Lady asked about an impact assessment. I hope she is reassured by the numbers. They really are tiny and it is not entirely clear that these changes would affect those numbers in any way historically.”
“This has been driven by those two sets of authorities, so the answer is that they would be commenting on a measure that they themselves have decided to push for. I hope that is helpful. I think the hon. Lady’s point about consultation was reasonable, but there has to be some proportionality in this and, given that there really is no conceivable objection to this from a user point of view, it is difficult to see anything in this that could possibly disadvantage any set of veterans. I will be quite clear with the hon. Lady: our consultation has not exactly been extensive on this matter. I hope that is helpful.”
“The Secretary of State could object, but he would have to state his grounds for objection. The reality is that he has not objected so far as we can determine and, in any event, even if he did, his objection could be overruled by the appeal process. I hope that makes it clear and that is not altered by this particular measure. Going through the list of points that the hon. Member for Luton South made, I hope what I have said explains the position because it is the tribunals and the advisory group set up by the Lord Chancellor that has called for this—the advisory group set up to ensure that there is congruity between the arrangements in Scotland and Northern Ireland and the arrangements in England and Wales.”
“They are renowned throughout the world for their courage, integrity and professionalism. We are profoundly grateful for their service today, as we were while they were deployed at our behest in Afghanistan.”
“Defence has worked hard over recent years to ensure that the processes in place to maintain justice in the armed forces are effective, and that allegations of criminal wrongdoing arising from any future operations are raised and investigated appropriately. It was a manifesto commitment of the Government to tackle the vexatious legal claims that have targeted our armed forces over recent years, but the Overseas Operations (Service Personnel and Veterans) Act 2021 was always designed to permit the investigation and follow-up of any serious allegations irrespective of time passed. We will of course ensure that all service personnel, veterans, and current and former civil servants who are asked to engage with the inquiry are given full legal and pastoral support. I hope that the whole House shares my pride in our armed forces.”
“The inquiry will start work in earnest in early 2023 and will be fully resourced and supported so that it can carry out its work and report expeditiously. The Saifullah and Noorzai claimants have been consulted on the terms of reference but I will not comment further on ongoing court proceedings. The UK’s armed forces rightly hold themselves to the highest possible operational standards. Operations must be conducted within the clear boundaries of the law and credible allegations against our forces must always be investigated thoroughly. The service justice system is capable of investigating and prosecuting all criminal offences on operations overseas and here in the UK.”
“The underlying events have been the subject of comprehensive service police criminal investigations, but the Ministry of Defence accepts that Operation Northmoor should have started earlier and that there may be further lessons to learn from the incidents, despite there being insufficient evidence for any prosecutions. My right hon. Friend has asked the right hon. Lord Justice Haddon-Cave to chair the inquiry, and Lord Justice Haddon-Cave has stepped down from his role as senior presiding judge for England and Wales to focus on this task. He has valuable experience: he chaired the Nimrod review into the loss of RAF Nimrod MR2 aircraft XV230 in Afghanistan in 2006 and served as the judge in charge of the terrorism list between 2017 and 2018. A copy of the terms of reference for this inquiry will be placed in the Library of the House.”
“I will make a statement on an independent inquiry related to Afghanistan. My right hon. Friend the Secretary of State for Defence has commissioned an independent statutory inquiry under the Inquiries Act 2005 to investigate and report on alleged unlawful activity by British armed forces during deliberate detention operations in Afghanistan in the period from mid-2010 to mid-2013, and the adequacy of subsequent investigations into such allegations. The decision has been informed by two ongoing judicial review cases known as Saifullah and Noorzai. The claimants in those cases assert that relevant allegations of unlawful activity were not properly investigated.”
“I am not aware of any new evidence having been provided beyond that which has already been investigated. It is important to underscore the fact that Lord Justice Haddon-Cave has been selected by the Lord Chief Justice because he is the most senior of judicial figures. With that, of course, comes the full knowledge and understanding that he is acting independently. I have no doubt that he will go wherever the evidence takes him, and that is the reason that such a senior figure has been appointed to this extremely important task.”
“However, it is important that only he has access to the accommodation that has been set aside for this purpose, to maintain the appearance and actuality of complete independence from the MOD, about which I can give the right hon. Gentleman full assurances. The right hon. Gentleman asked about Australia. The Australian investigations made it clear that there are no British persons of interest as a result of that inquiry. It is also important to say clearly that allegations made to a television production company are not the same as allegations made in court or, indeed, to a statutory inquiry. In the light of the “Panorama” report to which the right hon. Gentleman referred, service police, as I understand it, have contacted the BBC to ask for evidence.”
“I am extremely grateful to the right hon. Gentleman for his comments. It is important to say that the inquiry is set up under the Inquiries Act 2005, which means that it will be a statutory inquiry under the control of Lord Justice Haddon-Cave. He will summon whichever witnesses he thinks fit and potentially compel them to give evidence under oath, as required by legislation. The right hon. Gentleman asks whether the inquiry will involve the full chain of command, the answer to which is yes. He also asks whether the inquiry being housed in the Ministry of Defence is an issue, to which I would say no. Lord Justice Haddon-Cave requested that his team be based in the MOD so that he can have full access to IT systems, some of which are at a high level of classification.”
“They know full well that the UK upholds the moral component of warfare like no other. That licence, as it were, comes with a price, and that price is ensuring that, when credible and serious allegations are made, we investigate them. Nothing in the overseas operations Act will prevent serious allegations from being investigated, regardless of timeline, but my hon. Friend will be aware that those have to be serious allegations, and they cannot be repetitive. That is the security that we have given members of our armed forces and veterans, who were previously the butt of repetitive, vexatious legal disputes. I hope that gives my hon. Friend the reassurance he seeks.”
“I am grateful to my hon. Friend for that question. He will be aware that the overseas operations Act was designed to raise the hurdle, in the sense that it was a commitment that we all made—those of us who stood on the Conservative manifesto—to deal with the repetitive, vexatious claims being made against our armed forces, which were causing them significant difficulty. These people have served our country well; we owe them a duty of gratitude and we need to ensure that they are not the target of repetitive, vexatious claims by money-grubbing lawyers—that is the basis of this. None of the members of the armed forces whom I know want to see their reputation dragged through the mire. It is hardly surprising that people in Ukraine look to the UK at this time for training and for support in the situation in which they find themselves.”
“I am grateful to the hon. Gentleman, and I pay tribute to his brother for his service. Justice Haddon-Cave is no ordinary judge; he is one of the most senior members of our judiciary, and he has been selected by the Lord Chief Justice for this task because of that. It therefore follows that he is perfectly capable of appreciating the complexity of this issue. I hope that that gives the hon. Gentleman the reassurance he seeks. As for the further conduct of the inquiry, that will now be a matter for Lord Justice Haddon-Cave; it certainly will not be a matter for me. I underscore that this is an independent inquiry, and it would be entirely improper for me, from this point, to comment further on its conduct. As I understand it, Lord Justice Haddon-Cave intends to issue a statement of his own shortly.”
“It most certainly is not to pillory individuals or to seek to repeat the service investigations by the service police that have already been done, which have been externally and independently validated, if that brings any comfort to my right hon. Friend.”
“I very much appreciate my right hon. Friend’s point. We have focused on individuals in the questioning so far, and I would like to point out that our principal concern is elucidating any systemic factors that have not been investigated fully as a result of the investigations we have had up to this point. In particular, I would expect Lord Justice Haddon-Cave to be mindful of ensuring that we are compliant with our obligations under article 2 specifically, and articles 2 and 3 more generally, as we are required to be under our treaty obligations, and to learn things more generally about what went on that may help us to improve what we do. That is the reason for the investigation.”
“It is probably right that we assure ourselves that all parts of our armed forces operate within the rule of law and that their rules of engagement are legal. He will be aware of the extraordinary lengths that defence takes, particularly now and in recent years, to ensure that everything it does is lawful. Personally, I am comfortable with that; I am confident that we do that. Although I acknowledge the hon. Gentleman’s suggestion—we keep everything under consideration, and it will be interesting to see what Lord Justice Haddon-Cave comes up with—I am not minded, at this point in time, to accept it.”