PARLIAMENTARY DEBATE
LGBT Veterans Independent Review - 13 December 2023 (Commons/Commons Chamber)
Debate Detail
The treatment of those armed forces personnel perceived to be LGBT between 1967 and 2000 has long been a stain on the conscience of the nation. Last year, this Government asked Lord Etherton to conduct a review into the impact of the historic ban on homosexuality in Defence. Following the call for evidence, the inquiry received 1,128 responses from those who were dismissed or discharged because of their sexual orientation; from those who felt compelled to resign, purchase their release from service or curtail their contracts because of the ban; and from those who, while not part of the LGBT community, witnessed the trauma of such antediluvian rules, as family members, colleagues or friends. Etherton paints an unflinching picture of the most shocking treatment of gay members of our Defence community by an institutionally homophobic organisation.
Out of the blue, when applying to be a reservist in 1980, I was asked if I was gay. Even then that struck me as hugely inappropriate, but that strong sense of impropriety, which has stayed with me for 43 years, pales into insignificance against the wall of hurt experienced by LGBT people in the course of their Defence journey, much of it evidenced by Terence Etherton.
Different members of the community have been impacted differently. Yet, for each and every one, the repercussions were enduring, with the tentacles reaching into all dimensions of their lives since. Sadly, we cannot turn back the clock, but we can apologise for decades of hurt. That is what the Prime Minister did after Lord Etherton published his report in July and what the Defence Secretary and chiefs of service have done in their turn. However, apologies alone are not enough.
Etherton demands more and we agree. That is why the Government took steps to right historic wrongs, even before the report was published. In 2021, we began handing back medals to anyone who had had them withheld or removed because of their sexuality. Medals matter; they should never have been snatched away. In December 2021, we removed the barriers that prevented those living with HIV from joining the military and, back in June, the Home Office extended its disregard and pardon scheme, wiping historic convictions for same-sex sexual activity. The extension was especially important for veterans, because it broadened the eligibility to include any same-sex conviction that would not be a crime today, thereby covering service disciplinary offences.
In addition, we published guidance helping to make LGBT veterans aware of things to which they might not have felt they were entitled. That includes information on mental and physical health support, as well as benefits that all veterans are able to receive, not to mention the armed forces veterans badge, which I handed out to a number of veterans at this year’s Pride event in London.
However, today we go further still. I can announce we are accepting the intent behind all 49 of Lord Etherton’s recommendations. In fact, to date we have already implemented almost half of them. We have established a legacy website to host the review, the Government response and information collected by the review, including testimonies. Through Op Courage, we are ensuring a focus on the non-combat mental health impacts of the ban.
Significantly, in some instances we have gone above and beyond the review recommendations. For example, Etherton advised making certain restorative measures available for the next of kin of deceased veterans, but we have created a broader definition of next of kin—namely, persons of sufficient interest—recognising the impact the ban may have had on LGBT veterans’ relationships and ensuring that those they would have nominated as next of kin are seen as such. Next year will see the expanded roll-out of the armed forces veterans card to all veterans who served in the UK armed forces before 2018, and planning for a veterans memorial at the National Memorial Arboretum is also now under way.
Today, we are throwing open the front door to our LGBT veterans. Today, we ask them to apply or register an interest for restorative measures that are relevant to them, including individual apology letters, return of berets and cap badges, amendments to veterans’ service history and additional personal testimony to evidence collected by the review. That testimony will eventually become part of the historic record in The National
Archives, signalling that our LGBT veterans will never be forgotten and that 33 years of national shame will never be expunged, and affirming and celebrating the part that those veterans played in our country’s history. I strongly urge colleagues across the House to encourage LGBT constituents to come forward, read the online guide and complete the application form for restorative measures. Importantly, the form will also allow veterans to indicate their interest in applying for a financial award when eligibility is confirmed and that scheme goes live.
Lord Etherton recommended that an appropriate award should be made to affected veterans, with the Government’s overall exposure capped at £50 million. We have agreed to that in full, but, in order to develop the scheme, we will first need to gain a much better understanding of what the affected cohort looks like. Hence, we are calling for veterans to indicate their interest on the form that goes live today. That data will help officials and the community—working together—to design a fair and equitable scheme for distributing the funds that Lord Etherton has called for and that we accept. There will be an opportunity for a full debate in the new year once the financial award scheme is matured and we have the benefit of the data captured through the front door that I am opening today.
Once again, I place on record my gratitude to Lord Etherton and his team for their outstanding work compiling a comprehensive and deeply affecting report. I thank Fighting With Pride and our working group, including trusted stakeholders and independent LGBT veterans, who not only made sure that their voices were heard, but helped steer our response throughout. They will not seek it, but may I mark out Craig Jones and Caroline Paige in particular for their part in bringing us to where we are today? Above all, I pay tribute to all those who came forward in the first place. Those veterans showed tremendous courage in chronicling traumatic experiences, which for many had been suppressed, causing grief and groundless silent shame for decades.
Today’s Defence has come a long way since 2000. We cannot change the past, but we can make the future better. In accepting Lord Etherton’s recommendations, we salute a slighted generation and ensure that its successors can hold their heads high in a place that wants them, values them and honours them. I am today placing a copy of the Government’s response in the Library, and I commend this statement to the House.
With due respect to the right hon. Gentleman, who is a diligent Minister, this statement should have been made by the Defence Secretary; the last one was. This no-show from the Defence Secretary downgrades the importance that the Government give in July to backing up the Prime Minister’s apology to LGBT+ veterans. Crucially, it undermines the confidence that LGBT veterans will have in the Government being serious about fully implementing the Etherton review and fully righting the injustices arising from the ban on LGBT people serving in our armed forces until 2000.
This is unfinished business for Labour. We lifted the ban in 2000. We argued for the Etherton review in the Armed Forces Bill. We welcomed its publication and recommendations. We again thank Lord Etherton for his review and the inclusive way in which he conducted it.
At the heart of the review were the statements of those who were victims of the overt, often brutal, homophobic policy. We pay tribute to them for sharing their experiences and giving their testimonies. Like the Minister, I also pay tribute to groups such as Fighting With Pride, which have campaigned for justice, along with backing from wider veterans organisations such as the Royal British Legion and Help for Heroes. This is a cause that unites the House.
The previous Defence Secretary, the right hon. Member for Wyre and Preston North (Mr Wallace), said in a powerful and moving statement in July that he had
“decided specifically that a debate in the House should take place”
in order to
“make sure that the House properly debates the report and the Government’s response to it,”
and not just the compensation scheme, as the Minister has implied. Will the Government honour that promise to the House in full? When will that debate take place? To be clear, the debate is of profound importance to veterans. It should be a watershed moment for defence to move beyond the long, shameful shadow of the past, and to say in the future, “We are deeply proud of our LGBT veterans. We honour your service to our nation. You are part of us.”
The previous Defence Secretary also said:
“We will be very happy to work with the Opposition…to discuss our thinking on the recommendations.”—[Official Report, 19 July 2023; Vol. 736, c. 921-24.]
That has not happened. The Minister confirmed today that the Government
“are accepting the intent behind all 49 of Lord Etherton’s recommendations.”
The previous Defence Secretary pointed out that the Government
“may deliver a number”
of those recommendations
“in different ways from that described in the report.”—[Official Report, 19 July 2023; Vol. 736, c. 921.]
In his statement today, the Minister was not clear on that.
We welcome progress on handing back medals, on an armed forces veterans badge and on a national memorial, and we welcome the opening of registrations of interest for the restorative measures, but what action is the Minister taking to ensure that pensions are fully restored to those who were misinformed that their pension rights had been abolished, and to guarantee that those whose evidence of investigations was destroyed in 2010 do not lose out? Will he fully involve Fighting With Pride and other veterans groups in developing the compensation scheme, and confirm that the scheme will make provision for the two main groups proposed by Fighting With Pride? Is the financial provision of £50 million in the 2024 Ministry of Defence budget, and when does he aim to open up the scheme?
We cannot change the past, but we can act to make amends. We can honour the service of our LGBT veterans. We can take pride in the inspiration that they provide to future generations. That is what they, and we across the House, have the right to expect from Ministers.
I said that a full debate would happen in the new year, but it must have the advantage of there being something meaningful to debate—namely, the financial elements, which I perceive to be the main point of likely controversy. The right hon. Gentleman made it clear that we are all in agreement with the general thrust of the review, so the controversy will be around how we structure the financial award. I expect to be in a much better place in the new year to bring a suggestion to the House about how we might do that, having consulted others and observed the lessons of the past and experience in other countries. However, the debate will not be confined to the finances. I think that was implied by my use of the phrase “full debate”. I hope that reassures him.
On intent, we have discussed before other ways of delivering the same outcome to the satisfaction of veterans. For example, some veterans want a veterans badge that is different from the existing veterans badge; some do not. We have therefore designed a ribbon, which I have seen the prototype for, and I think that is a compromise. That is an example of how we might do things differently from the ways described by Lord Etherton. Lord Etherton also talked about re-listing people on the Navy, Army and Air Force lists. Those lists do not exist in the way they once did, but we can publish those names, if people want them published, via the London Gazette. That is a further example of doing the same thing, but in a different way.
We debated pensions in the summer, when we last went round this particular buoy, so the right hon. Gentleman will know that accrued pension rights remain. However, some people were misled when they left the armed forces, and I strongly recommend that they refer to the guidance available on gov.uk. The “LGBT veterans: support and next steps” page is very comprehensive and will take people through how they can apply for pensions if they are not currently drawing them.
Destroyed documents, as the right hon. Gentleman will be aware, are impossible to rediscover. However, there are tags attached to most of them that highlight the fact that material has been removed following the advice of the Association of Chief Police Officers in 2010, so there is a marker, at least, of why those pages are missing. He will know too that ACPO made those recommendations for very good reasons at the time—namely, the desire of people who had been wronged to have reference to those wrongs expunged from their records.
I think that I have covered most of the right hon. Gentleman’s points, but I want to be as comprehensive as I possibly can, so if I have missed anything out, I will be happy to write to him.
The third point was about financial redress. I welcome the opportunity that my constituent will now have to feed in how he has been impacted—how he has lived a life alone, because he has carried that shame for all these years. On behalf of my constituent and all the other LGBT servicemen and women who suffered in that way, I put it on the record that they want the opportunity to feed in their own stories so that the financial redress addresses the harm they suffered.
“The treatment of those armed forces personnel perceived to be LGBT between 1967 and 2000 has long been a stain on the conscience of the nation.”
It has also been a stain on the conscience of this place, so I welcome his statement today and the work of Lord Etherton. The apologies the Minister spoke of are welcome, but they will never take away the hurt or the terrible impact on the lives of those affected by this institutional homophobia. We must remember that while homosexuality was decriminalised in 1967, the ban on LGBT people in the armed forces remained for 33 more years. That is three decades of additional harm. The reality is that all our veterans deserve respect and proper support, and all the more so those ostracised and shamed in that way.
I recognise what the Minister said on reparations, but what assessment has he made of the adequacy of the reparations cap? I wonder how that arbitrary cap on reparations payments will work, particularly when, as he said, we are asking people to come forward. How can he set a cap at this stage? He said he is throwing open the doors today, but that needs to be done in a way that is as easy as possible for people to navigate and that works for all those affected. No one must be left behind.
My colleague Keith Brown MSP, himself a veteran, is leading a Members’ business debate in the Scottish Parliament today on Fighting With Pride. I was pleased that the Minister spoke about Fighting With Pride and I would be keen to hear more about his reassurances that he will continue to work with that group and others to make sure that all LGBT veterans are properly and adequately supported in the way that is right for each of them individually.
On the £50 million compensation, which is recommendation 28 of the report, I am a little lost to understand how that will be distributed. If the Minister is going to come up with a scheme, I suggest that he looks at the Post Office Horizon compensation scheme, of which I have been on the advisory board for the last year, helping to develop it. We are going to have to look at what elements are taken into account before we get to an accrued sum. Setting up an advisory board or some steering group to work up the scheme would be a good idea—and let me say that I do not think £50 million will even touch the sides.
On pensions, it is important that those who thought they did not have an entitlement to pensions look again, because accrued pensions are accrued pensions and were not forfeit. I take the right hon. Gentleman’s point about pensions that might have been accrued after the point at which individuals left the service. There is no way of restoring those pensions, and I hope he will understand that. It would be incredibly difficult to do that, so I am not going to give him any encouragement that that will form any part of our deliberations in relation to the financial award.
The hon. Gentleman mentioned padres. I hope that he reads the Government’s response to the report in full. If he does, he will see that there is a specific section relating to chaplaincy, and contrition on the part of chaplaincy about how some of its practitioners behaved during that period, which I think did them no credit at all. I am very sorry to hear the testimony that he has just given. I encourage his constituent to engage with the front door that I am launching today.
To follow on from the point made by my hon. Friend the Member for Lichfield (Michael Fabricant) about the disregards—or “expunging”, as the Minister suggested—am I right in thinking that those who have had service convictions would need to apply? If so, what more can be done to encourage them to apply to the Home Office for those disregards? Perhaps the Ministry of Defence could proactively suggest to them that they could do so.
Further to the question asked by the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier), the UK intelligence community should not be overlooked. There should perhaps be a second review, or at least some sort of internal review, about the treatment of UK intelligence officers over the past few decades.
It is important that if we are considering the implications for wider public service, we learn from what has gone before and from this review. I am confident that colleagues right across Government will be looking at what we have proposed doing in response to Lord Etherton’s report today and drawing their own conclusions. Perhaps they can learn from what has gone on and assure themselves that they, in turn, do not have dark corners that need to be given the light that Lord Etherton’s report has certainly given to defence.
One of those discriminated against was one of my constituents in Cardiff South and Penarth. She was discharged in a totally humiliating way from the RAF in the 1970s for being a lesbian, but in her service record, the reason was recorded as “services no longer required.” I have raised her case with the MOD over many years, but was told that it could not be changed because it was correctly administered. In his statement, the Minister referred to amendments to veterans’ service history, which recommendations 26 and 27 of the report also refer to. Will he confirm that where individuals were discharged for reasons other than their sexuality, but their sexuality was clearly the reason, that will be considered in restitution for them and their service?
We need to know what the cohort looks like. At the moment, we really do not know that, which is why the front door opens today. In a very short while, I hope, with the help of right hon. and hon. Members across the House encouraging their constituents, we will have a better handle on who needs to be marked with this financial reward, and what they suffered at the time and the degree of that. Once we have a handle on that, we will be better placed to design a quantum that will be appropriate to people who were maligned between 1967 and 2000.
We also have to look at other schemes, such as the Canadian scheme. However, I suspect most right hon. and hon. Members in this House would be cautious about the Canadian scheme, because it drew the criteria very narrowly. Those who were nudged out, or inched out, through all sorts of means—innuendo, personal pressure, or being tipped the nod and the wink that somebody was on to them—would be disadvantaged under the Canadian scheme. I hope they will not be disadvantaged under ours.
Fighting With Pride has welcomed the pace, positive intent and completeness of this process, but the next stage is a full debate in this Chamber to which Members can contribute. I hope the Minister will listen to the representations he has heard today. Finally, I put on record my concerns about the £50 million cap and the fact that the Minister has spoken about this being a financial award scheme, not a compensation scheme. I think the Government are in the wrong place on that and that they will end up causing themselves more problems if they do not seek to compensate veterans who have lost livelihoods, careers and pensions through their mistreatment by Government.
I want to mention the £50 million. I have done a quick sum, and if the 1,120 people who responded each got a share, it would be £44,000 each, which is an absolute pittance for a lost career, a lost pension, loss of earnings and the loss of a reference to go on to a new career outside the armed forces. We really have to look at that £50 million figure, which does not even touch the surface.
It is being reported that an earlier draft of the Etherton review recommended double the compensation offer for LGBT veterans than has come out in the final version. Can the Minister tell the House if that was the case and, if so, why the compensation offered has been halved?
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