Contribution
My Lords, I support Amendment 56 from the noble and gallant Lord, Lord Craig of Radley, which would waive fees for indefinite leave to remain applications for spouses and immediate family members of serving personnel and veterans. I have tabled Amendment 66, which seeks to achieve the same outcome through a slightly different route: by requiring the Government to bring forward secondary legislation within a specified timeframe. My amendment is designed to address some of the concerns raised by Ministers in the other place around specific approaches and wording.
Frankly, I do not mind what legislative approach is taken provided the issue is resolved. I do not need to add to the noble and gallant Lord’s exposition of the issue, but I say to the Minister that, typically, the Immigration Rules are changed twice yearly, with the next set expected in October. Can he provide greater clarity on the Government’s timetable for action? Can he reassure military families that this commitment—by all three major parties—will finally be delivered in the forthcoming changes this autumn?
I turn to Amendment 57 in my name and that of the noble Baronesses, Lady Smith of Newnham and Lady Bennett, and my noble friend Lord Harlech, to whom I am grateful for their support. At the heart of this is how we support military families, but it is also about military capability. The strategic defence review identified a workforce crisis. When our Armed Forces depend so heavily on experience and invest so much in their personnel, retention matters as much as recruitment. That is why I welcome the many provisions in the Bill designed to strengthen service life. Amendment 57 proposes a relatively small change, but one that could make a meaningful difference to military families and retention.
The recently published Tri-Service Families Continuous Attitude Survey underlines the reality for families. Some 78% of service families have children, and one in five have children who are under two years old, yet a quarter of service families live apart during the working week, rising to almost 40% in the Royal Navy and the Royal Marines. Nearly three in 10 families experienced separation of three months or more during the past year.
At present, serving fathers receive two weeks of paternity leave at full pay. However, for military families, returning to work after two weeks is not a return to a normal commute; it means returning to a posting many hours away, or to months of separation. That is why this issue matters so deeply to those who serve. One serving soldier told the Dad Shift:
“Being posted 4 hours away from my child when she was born was tough, only having 2 weeks to bond before I was back to being 200 miles away with limited time to travel back and see her was tough and has definitely caused irreparable damage to our relationship, ultimately leading to the collapse of my relationship with her mother too”.
These challenges are reflected further in the Tri-Service Families Continuous Attitude Survey: 52% of spouses disagree that they feel valued by the service, 34% say they would feel happier if their partner left the military, while 44% have at some time in the past year encouraged their partner to leave.
The factors driving dissatisfaction are revealing. The impact on careers, the amount of separation from spouses and the effect on children are the top three reasons. Improving paternity leave is not a silver bullet, but the evidence consistently shows that it supports maternal employment, strengthens family relationships and improves outcomes for children. At a time when retention is a strategic issue, we should take seriously reforms that strengthen the family life of those who serve. The experiences of serving personnel illustrate why. One RAF officer recalled:
“Both children saw us remain in hospital with our newborn for 3-4 days due to challenges with feeding and jaundice ... With only two weeks available, time spent dealing with complications or hospital stays can consume a significant proportion of the leave itself”.
The Minister may point to shared parental leave or the possibility of additional compassionate leave as options to resolve this. However, service families often describe those options as difficult to access and inconsistently applied. One army officer reported:
“I pushed and took Shared Parental Leave but I had to threaten a Service Complaint to do so with my work at the time”.
He added that if the process was difficult for a senior officer, it would likely be much harder for more junior personnel. Likewise, a RAF corporal told the Dad Shift:
“I’ve had my paternity leave handled three different ways for my three children; it does come down to that reoccurring line manager lottery issue unfortunately”.
That inconsistency in itself is part of the problem. Families should not have to rely on confidence, rank or managerial discretion to receive adequate support at such a significant moment in their lives. Soldiers, sailors and aviators should not have to worry about explaining to their commanding officer that their wife and baby are struggling with breastfeeding and need more support, or that their wife’s stitches are infected, or that they are worried that she might be suffering from postnatal depression but cannot even be sure because they are not home enough to tell.
Of course, the impact of leave on operational readiness must be taken into account. Unlike maternity leave, paternity leave is not exempt from the provision in JSP 760 that
“the granting and timing of all forms of absence … is to be at the discretion of the Service and is subject to operational requirements and the general exigencies of the service”.
Nothing in my amendment changes this.
The sacrifices made by those serving in our Armed Forces are shared by their families. When a child is born, those pressures are felt even more acutely. Two weeks of paternity leave is increasingly out of step with the realities of modern family life, the practices of leading employers, and the approach taken by many of our closest allies, with Australia offering eight weeks of paid paternity leave and the United States offering 12 weeks to its military personnel. When Congress extended that entitlement, bipartisan supporters from both Houses described it as a matter of military readiness and national security.
I hope, therefore, in responding to this group, that the Minister will recognise not only the family case for reform but the strategic one. Supporting military families at the moment they need it most is the right thing to do, but it would also be an investment in retention, morale and the long-term strength of our Armed Forces.