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Mr. Gerald Kaufman (Manchester, Gorton): Is the hon. Lady aware that, today, I had a conversation with an Israeli reserve service man who told me that, not only is there no ban on gay or lesbian people in the Israeli army, but that a known Israeli homosexual was promoted as an officer? He has died, and the Israeli army is now considering whether it should award a pension to his male partner.

Mrs. Currie: The point is also well made that, whether with other NATO or United Nations personnel, there is absolutely no doubt that British troops have now served alongside gay service members from many other countries in many theatres of war without any problems arising. We also do not regard it as a matter of concern in other parts of the civilian services. There is no such ban in the police, and there is no such ban in the fire service.

If I am to be told--as no doubt I will be by my hon. Friend the Minister--that it is a matter of people being in close proximity to each other, I should remind him that we removed the ban for merchant seamen, and that we also removed the ban on gays serving in the Royal Fleet Auxiliary. There have been no ill consequences of that. In fact, I think that it is probably now true to say that it is not only nice girls who love a sailor.

Mr. Brazier: My hon. Friend has not said how she feels about the overwhelming majority of serving

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personnel who do not want to have homosexuals in the military. [Interruption.] The German professional forces are the only major organisation in the European countries that she mentioned that has to recruit people rather than having conscripts, and they have the same ban as we do.

Mrs. Currie: I was going to come to that. I am grateful to my hon. Friend for raising it.

It seems to me that the reaction of the Ministry of Defence has been rather curious. As part of its approach, it commissioned a survey, a copy of which is in the Library. It seems bizarre that the MOD should commission a survey among soldiers. Its results were predictable. One might, indeed, have stuck the notice up on the mess board saying, "No gays wanted here", which is a paraphrase of what my hon. Friend the Member for Canterbury (Mr. Brazier) has just said.

I venture to suggest that a similar outcome might have occurred if, for example, we had asked the Guards whether they wanted blacks serving with them. I believe that my hon. Friend the Minister was a sub-lieutenant for three years in the 11th Hussars. Given the amount of wise-cracking that he has been indulging in this evening, perhaps one should dub him the gay Hussar, but there we are.

The Ministry of Defence did not ask soldiers whether women should serve in the armed forces as equals. I believe that if it had done so, it would have received much the same sort of response. But we did not invite the views of serving service men and women on whether females should be allowed to serve as equals. We told them that women would make good truck drivers, navigation officers and pay clerks. We tackled the issues of discipline and good order--more or less successfully, I believe.

The point is that we did not pander to prejudice on that issue. We did not encourage the enunciation of prejudice. We ensured that the armed forces obeyed the new rules and adapted to changed circumstances. We did so because we felt that the armed forces had no choice. But on gays, the Ministry of Defence has a choice. How much more impressive it would be if that choice were exercised with tolerance and dignity.

We have made some progress. Until a couple of years ago, the very fact of being a homosexual was a criminal offence in the armed forces. Yet the improvement is slight. What bothers me is the continued harassment and hounding of officers and ranks. It is official hounding and it appears to be encouraged the moment sexual orientation becomes suspect. In December 1995--a matter of only a few weeks ago--a former Royal Marine was approached in a gay pub in Torquay by a man who later invited him home. Upon leaving the bar, the man produced a Royal Marine military police warrant card and tried to arrest the person. He obviously did not know that the chap had left the Royal Marines some three years earlier, so no action could be taken.

Between September and November 1995, near Aldershot, a member of Rank Outsiders--the campaigning organisation--working on a gay men's health project observed frequent visits to a known cruising area by two men whom he knew were members of the Army special investigation branch. He knew that because they had conducted his investigation some time previously. During the visits he observed the SIB men making approaches to men who were of service appearance and attempting to pick them up.

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So we have official agents provocateurs in the armed forces. Not only that, but we are spending quite a lot of money on surveillance. Portsmouth Royal Naval SIB put up a camera observation point in a building opposite Drummonds public house, a known gay bar. Former Able Seaman Brett Burnell was investigated after being photographed entering the pub by the SIB. He was shown the photos and has been discharged.

In 1995, four RAF officers who had been anonymously informed on were subjected to an intensive six-week operation by 12 members of the RAF SIB. The Ministry of Defence is supposed to be short of money, yet it had 12 senior officers of the RAF SIB spend six weeks watching four RAF officers. The evidence clearly shows that they were routinely followed throughout that period. They were informed by their commanding officers on discharge that the evidence from that operation was the justification for discharge.

I have always disapproved of civilian police spending their time taking pictures of public toilets, trying to catch the poor souls who get involved cottaging, because I think that the police ought to be catching real criminals. I take exactly the same view of the military special investigation branches. Surely they have some real cases that they ought to be chasing, and should not be chasing the people whom I have just described.

I have very little to add, except that in the 1990s homosexual men and women have seen attitudes to them change. Attitudes have become more liberal and less harsh in many fields. Homosexuals have been enabled to live with less fear and instead to play their part as ordinary tax-paying citizens, minding their own business like everyone else--but not yet in the armed forces. That is to their disadvantage, the forces' detriment and our country's shame.

Mr. Menzies Campbell: I and my colleagues will have a free vote on this issue, but as the spokesman for my party on defence issues, I have signed new clause 1 and I have made a strong recommendation to my right hon. and hon. Friends that they should vote for it.

The issue was considered by the Select Committee on the Armed Forces Bill. I hope that I will not be thought to do an injustice to the Committee if I say that there is nothing very new in its analysis, as reported in its proceedings. Perhaps that is inevitable, because the ground that we are considering is well traversed. The only correct way to approach such an issue is on the basis of principle. I believe firmly as a matter of principle that there should be no discrimination against any person by virtue of race, colour or sexual orientation. In my judgment the issue is firmly rooted in the civil rights of every United Kingdom citizen.

Before we deny any citizen his or her civil rights, there must be overwhelming evidence to justify such a course of action. We deny the civil rights of terrorists because their conduct goes to the very existence of the state. Only in those extreme circumstances is it justified to detract from the civil rights of any individual. It is my judgment that that standard of evidence has not been shown in the circumstances that we are here considering.

The hon. Member for South Derbyshire (Mrs. Currie) moved the new clause with great skill and sincerity. She has been notable for her courage in adopting the matter in circumstances which have not always made her entirely

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persona grata within her party. She mentioned the position in other armed forces. The Defence Select Committee has just returned from a three-day visit to Bosnia. We visited several units which are deployed there under the allied rapid reaction corps, of which the United Kingdom has overall command. Virtually all the countries that the hon. Lady mentioned are represented in that NATO deployment.

I did not hear a single British soldier say to me that the Dutch were less effective than the British because they had a different policy on homosexuality in the armed services. I did not hear it suggested that the contribution made by those who had gone to Bosnia from other NATO countries was diminished because those countries had a different policy from that of the United Kingdom.

The hon. Member for Canterbury (Mr. Brazier) referred in an intervention to the attitude within our services. It is almost inevitably conditioned by the fact that the ban exists. The views of people in the services are conditioned by the ban.

If one feature of the ban should surely be offensive to all of us, it is the means of enforcing it. The hon. Member for South Derbyshire gave us some eloquent examples. Let us consider the nature of the investigations. They are degrading for those who are the subject of them and, I suspect, pretty degrading for those who have to carry them out. That type of investigation, and the use of agents provocateurs, would be outlawed in a civilian court. It would not be feasible to admit evidence obtained in that way. That is a feature of the matter that ought to be offensive to everyone in the House.

As the hon. Lady said, new clause 1 sets out the principle of no discrimination, but it also sets out other principles in plain language perhaps for the first time in legislation on service discipline. What are those other principles? Sexual conduct of any kind that prejudices good order and discipline is unacceptable and is an offence, as is sexual conduct of any kind which undermines the command relationship and the use of rank or position to obtain sexual favours. Those principles stand robustly behind the principle of non-discrimination at the centre of the new clause.

It would be much better for us to make a measured, sensible decision to change the policy rather than to be forced into it by the inevitable and ultimate judgment of the European Court of Human Rights.


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