Memorandum submitted by the Ministry of
Defence (22 June 2000)
EQUAL OPPORTUNITIES
9. Has any initial assessment been made of
the impact of the new Codes of Social Conduct for the Armed Forces?
Has there been any indication from commanding officers of problems
in implementing the new Codes?
9.1 The new Armed Forces Code of Social
Conduct, regulating the social behaviour of all Service personnel,
was introduced as an accompanying element to the wider policy
announcement made by the Secretary of State in Parliament on 12
January. This made public the results of the Armed Forces review
of homosexuality policy. Commanding officers were provided with
comprehensive information and briefing packs supporting the new
Code and the revised homosexuality policy.
9.2 Early indications are that the Code
of Social Conduct has been introduced smoothly and with few problems.
The Code with its associated Service Test—Have the actions
or behaviour of an individual adversely impacted or are they likely
to impact on the efficiency or operational effectiveness of the
Armed Forces'—has been generally well received and is proving
a useful tool for commanders in dealing with issues of personal
behaviour.
9.3 A review is planned to report the experiences
of the three single Services during the first six months of the
life of the new Code, together with feedback on the introduction
of the revised policy on homosexuality. Feedback on how the homosexuality
policy and the Code of Social Conduct had been received and introduced
into the Services is being sought together with reports on any
difficulties and immediate lessons learned as a result of the
introduction of the Code.
10. What measures are operating in the Armed
Forces to ensure the policy of zero tolerance of racial or sexual
harassment is implemented? What evidence do you have of the efficacy
of such measures?
10.1 The Armed Forces have made it absolutely
clear, through statements by Ministers and senior Service personnel,
policy documents and leaflets, that any form of harassment or
discrimination, including racial or sexual harassment or discrimination
is unacceptable and will not be tolerated. We want senior managers
to confront prejudice and act decisively to remove it. Strong
leadership is required from all personnel to create an organisational
culture which welcomes and promotes diversity.
10.2 In order to ensure that all personnel
in the Armed Forces understand this policy, an Equal Opportunities
Goal was published in March 1999. This seeks to achieve a working
environment free from harassment, intimidation and unlawful discrimination,
in which all have equal opportunity, consistent with our legal
obligations, to realise their full potential. The Armed Forces
respect and value every individual's unique contribution, irrespective
of their race, ethnic origin, religion or gender and without reference
to social background or sexual orientation. Each Service has also
issued individual Equal Opportunities Directives and simple, easy
to understand leaflets on the complaints procedure. These are
augmented by individual Service Equal Opportunities Action Plans
and are a key part of the Armed Forces Overarching Personnel Strategy.
10.3 Education and awareness of equality
issues are central to the drive to eradicate unacceptable behaviour.
The Tri-Service Equal Opportunities Training Centre, which opened
at Shrivenham in September 1998, has a vital role to play in this.
It enhances equal opportunities awareness by providing dedicated
training for Equal Opportunities Advisers and senior officers.
Extensive equality training is also underway across all three
Services.
10.4 Service Continuous Attitude Surveys
have included a detailed set of supplementary questions on Equal
Opportunities since 1997. The Army have also conducted a series
of gender and ethnic minority Focus Groups since 1997. These have
provided useful anecdotal evidence on the effectiveness of the
Services' Equal Opportunities policies and have helped identify
areas where further work is necessary. A trial is currently underway
to establish the practicality of a UK version of the US Army's
Military Equal Opportunities Climate Survey (MEOCS), a voluntary
survey of the perceptions of attitudes and expectations with regard
to Equal Opportunities in the Armed Forces.
10.5 Confidential Helplines for all Service
personnel have been in operation for over two years. The Helplines
provide a confidential and impartial listening and advice service
for Armed Forces personnel and their families on any matter of
concern, personal distress or crisis at home or work. Although
the number of calls to the Helplines have increased, this is due
largely to an increased awareness of the existence of the Helplines
rather than as evidence of a rise in the incidence of discrimination
or harassment. Greater awareness of internal complaints procedure
is encouraging more individuals to make complaints of unfair treatment.
10.6 All three Services are required to
record centrally all formal complaints of sexual or racial discrimination,
harassment and bullying. This central form of monitoring is carried
out in order to gauge the efficacy of the Services Equal Opportunities
policies and practices.
10.7 In terms of the efficacy of these measures,
we believe it essential to recognise that zero tolerance is a
state of mind. It exists when all personnel understand, without
question, that they do not harass others and they are confident
that, if they are harassed, it will be dealt with promptly and
effectively. This is a central component of the Armed Forces equality
goal and policies; policies which remain in their infancy, which
reflect best practice and which will take time to bed down. Policies
which are predicated on the basis of giving all personnel, through
the development of a culture in which each individual is valued
and respected for their unique contribution to team cohesion,
organisational strength and, ultimately, operational effectiveness.
10.8 It will be sometime before we can assess
systematically, to the level of detail that we would wish, whether
measures to address zero tolerance are working. Work is now in
hand, following the introduction of AFOPS and building on information
being gathered through helplines and attitude surveys, to determine
a series of performance indicators which will concentrate on looking
at the policy outcome. But there are some initial signs of encouragement;
for instance the numbers of ethnic minorities personnel and women
joining and staying in the Army has risen consistently since 1997
and evidence from internal attitude surveys (primarily in the
Army) indicate that both women and ethnic minorities believe significant
equality policy improvements are being made, with personnel having
a far clearer idea of how to make a complaint.
10.9 There is evidence as well, as in the
case of the Household Division, that strong leadership in making
clear personal commitment to removing any evidence of racism and
to delivering a climate which values cultural difference is producing
real results. From a position of two ethnic minority personnel
in April 1997, March 2000 saw some 13 such personnel serving in
the Regiment; an increase of over 500%.
10.10 However, we are aware of the need
to keep up momentum, and we are not complacent. Despite an encouraging
increase in awareness of equal opportunities policies, Continuous
Attitude Surveys have revealed that incidents of harassment are
still occurring, and that complaints are not always felt to have
been satisfactorily resolved.
10.11 Much more remains to be done, but
we believe a good start has been made and that the foundations
have been put in place on which to build.
11. Has research been conducted with young
people from ethnic minorities to ascertain what factors might
deter them from a career in the Armed Forces?
11.1 All three Services have carried out
research into the perceptions of the Armed Forces of young people
from ethnic minorities.
11.2 Naval Service. Research in support
of the Naval Service's ethnic minority marketing campaign has
identified that the factors which might deter young people from
careers in the Armed Forces are similar for most groups. Discipline
and separation from family and friends are common themes, but
among minority communities with little experience of British service
life, concerns over bullying, racism and sexism remain live issues.
In addition, a concern for British Asian families is one of status;
military service is not seen as a "proper" profession
for young people with families and career prospects. Countering
these perceptions is a major focus of the Navy's ethnic minority
recruit marketing campaign.
11.3 Army. Comprehensive Army research
has been conducted with young people from the ethnic minorities.
This has been published in the following publications, copies
of which are available from the Central Office of Information:
— 1997—Army Recruiting Ethnic
Minorities Research—Qualitative research on general public,
potential soldiers, potential officers, parents and career advisors.
— 1997—Recruiting of Ethnic Minorities
into the Armed Forces—A review of existing research on ethnic
minority young peoples' attitudes to careers and to the Armed
Forces in particular.
— 1998—Army Equal Opportunities—Dealt
with equal opportunities and ethnic minority research. Qualitative
research conducted on general public, potential soldiers, potential
officers, parents and career advisors.
— 1999—Ethnic Minorities Conversion
Rates—Qualitative research which comprised 24 in-depth interviews
with black and Asian young people who had enquired about an Army
career but who had not gone on to apply.
11.4 RAF. The RAF has conducted the
following research:
— 1998—Research was conducted
into why ethnic minority enquirers did not follow through with
an application. This established that the main reason was due
to parental opposition.
— 1999—In light of research,
the RAF altered its approach to include influential community
leaders in recruiting initiatives. At RAF "Opportunities
For All" days, in which school children, teachers and community
leaders from areas of high ethnic population were invited to three
RAF Stations during 1999, visitors were questioned on their thoughts
of the day and their attitudes towards a career in the RAF. Feedback
was generally positive and confirmed the value of such events.
— 1999—400 pupils in Leeds, from
Inner City Schools with a high ethnic population, tested the airmen
selection test to check for ethnic bias. It found that the test
is psychometrically fair to both white and non-white people.
12. What evidence do you have as to whether equal
opportunities are actually having a measurable effect on career
progression?
12.1 Women. The Armed Forces position
remains that action to improve the representation of women and
ethnic minorities is only appropriate at the recruiting stage,
in order to maximise the pool of recruits. Selection and promotion
thereafter is on the basis of merit alone. On 1 April 2000, 8%
of Armed Forces personnel were women (8.8% of officers and 7.8%
of other ranks). This compares favourably with the position at
1 April 1990 when 5.7% of Armed Forces personnel were women (5.9%
of officers and 5.6% of other ranks).
12.2 In the Naval Service women comprise
7.9% of the total strength (6.7% of officers and 8.2% of other
ranks); in the Army they make up 7.1% of the total strength (9.2%
of officers and 6.7% of other ranks); and in the RAF women form
9.8% of the total strength (10.0% of officers and 9.7% of other
ranks).
12.3 The following table shows figures for
the recruitment of women over the last four years:
| |
Intake of Female Officers
| Intake of Other Ranks
| Total Number of Females Recruited
|
| | 1996-97
| 1997-98 | 1998-99
| 1999-2000 | 1996-97
| 1997-98 | 1998-99
| 1999-2000 | 1996-97
| 1997-98 | 1998-99
| 1999-2000 |
| Naval | 51 |
72 | 38
| 71 | 511
| 562 | 623
| 632 | 562
| 634 | 661
| 703 |
| Army | 121 |
177 | 152
| 203 | 1,818
| 1,828 | 1,823
| 1,540 | 1,939
| 2,005 | 1,975
| 1,743 |
| RAF | 74 |
107 | 106
| 114 | 360
| 590 | 689
| 599 | 434
| 697 | 795
| 713 |
| All Services | 246
| 356 | 296
| 388 | 2,689
| 2,980 | 3,135
| 2,771 | 2,935
| 3,336 | 3,431
| 3,159 |
— During 1985-86, 6.5% of officer and 10.5% of other
ranks intake into the Services were women. By 1999-2000 this had
risen to 12.1% of the officer intake and 19.4% of other ranks
intake.
— As at 1 April 2000, the highest rank held by women
in the Armed Forces were Naval Service: Captain (four), Army:
Brigadier (one) and RAF: Air Commodore (one). This represents
an improvement against the position as at 1 April 1997 when the
highest rank held by women in the Services was Naval Service:
Captain (three), Army: Colonel (eight) and RAF: Air Commodore
(two).
12.4 The role of women in the Naval Service has expanded
considerably in the decade since the introduction of sea service
and 73% of posts are open to women. Some 949 women are currently
serving at sea (including Naval Air Squadrons) in 44 ships where,
on average, they make up between 10-15% of a Ship's Company. There
are increasing numbers of women serving as Navigators, Gunnery
Officers, Principal Warfare Officers, Pilots and Observers, Engineers,
Chaplains, Supply Officers and Medical and Dental Officers.
12.5 Two female Commanding Officers of major university
Royal Naval Units have recently completed the successful appointments
where their responsibilities included command of their Units'
fast training boats. It is only a matter of time before more women
are given command of ships.
12.6 The Committee will recall that on 1 April 1998 the
Army increased the number of posts open to women to 70%. The following
tables show the changes in relative numbers of women in each rank
in the Army (UKTAP and untrained strength) between 1 April 97
and 1 April 2000. They show a gradual increase in virtually every
rank over the past four years.
FEMALE OFFICERS
| | Sub
| Capt | Maj
| Lt Col | Col
| Brig | Maj Gen+
|
| 1 April 1997 | 364
| 466 | 205
| 32 | 8
| 0 | 0
|
| 1 April 2000 | 497
| 478 | 248
| 41 | 14
| 1[1]
| 0 |
| Change | +133
| +12 | +43
| +9 | +6
| +1 | 0
|
FEMALE SOLDIERS
| | OR1
| OR2 | LCpl
| Cpl | Sgt
| SSgt | WO2
| WO1 |
| 1 April 1997 | 1,287
| 1,686 | 1,133
| 859 | 403
| 211 | 96
| 34 |
| 1 April 2000 | 1,315
| 2,168 | 1,338
| 855 | 443
| 215 | 142
| 41 |
| Change | +28
| +482 | +205
| -4 | +40
| +4 | +46
| +7 |
12.7 In their report from the most recent series of Focus
Groups, on the perceptions of career opportunities open to women
in the Army, Royal Holloway College noted that "Women have
aspirations to reach the highest levels, or believe that other
women will be able to achieve this".
12.8 In the RAF, women can serve in all branches and
trades with the exception of the RAF Regiment, which represents
some 4% of posts. Female aircrew are represented as pilots, navigators
and rear crew and may be employed on all aircraft types flown.
At 1 April 2000, there were 51 female pilots (including seven
fast jets), 56 navigators and three Air Loadmasters. A woman has
also been appointed Station Commander at a Fighter Control Base.
12.9 Ethnic Minorities. As at 1 April 2000 1.3%
of serving personnel were from ethnic minority backgrounds (Naval
Service 0.9%, Army 1.5%, RAF 1.1%) compared with 1% as at 1 April
1997.
12.10 Only provisional figures are available for the
year ended 31 March 2000. These are currently being audited to
ensure accuracy but they show that 1.9% of new recruits entering
the Armed Forces were from ethnic minority backgrounds. Within
this figure, 4.4% of RAF Officer and 2.7% of Naval Officer recruits
were from ethnic minority backgrounds. This compares favourably
with performance in the period 1 July 1996 (when ethnic monitoring
of recruits began) to 31 March 1997 when only 1% of recruits came
from ethnic minority backgrounds. This upward trend will have
a positive effect on the future number of ethnic minorities in
the Services.
12.11 The highest rank held by ethnic minority personnel
in each of the three Services on 1 April 2000, was Naval Service:
Captain (one), Army: Colonel (two) and RAF: Group Captain (5).
Since then one RAF Group Captain has been promoted to Air Commodore.
This compares with the position on 1 October 1996 when the highest
rank held by ethnic minority personnel were Naval Service: Commander
(Seven); Army Brigadier (one) and RAF: Air Commodore (one).
12.12 The MoD/CRE Action Plan Annual Report 1998-99 recognised
that non-white promotion and retention rates within the Naval
Service compared very favourably with that of white personnel.
Thus, the promotion system is considered to be both open and fair.
12.13 For the Army the following tables show the changes
in relative numbers of ethnic minorities in each rank in the Army
(UKTAP and untrained strength) between 1 April 1997 and 1 April
2000. They show that the Army's ethnic minority recruiting drive,
began in October 1997, has led to a significant increase in the
numbers of ethnic minority soldiers in recent years. For officers,
the pass rate of ethnic minority candidates has increased annually
in line with recruiting goals (3% for 1999-2000).
ETHNIC MINORITY OFFICERS
| | Sub
| Capt | Maj
| Lt Col | Col
| Brig | Maj Gen+
|
| 1 April 1997 | 22
| 35 | 31
| 21 | 3
| 0 | 0
|
| 1 April 2000 | 28
| 62 | 37
| 22 | 2[2]
| 0 | 0
|
| Change | +6 |
+27 | +6
| +1 | -1
| 0 | 0
|
ETHNIC MINORITY SOLDIERS
| | OR1
| OR2 | LCpl
| Cpl | Sgt
| SSgt | WO2
| WO1 |
| 1 April 1997 | 83
| 216 | 154
| 169 | 145
| 94 | 68
| 25 |
| 1 April 2000 | 567
| 410 | 123
| 125 | 106
| 81 | 78
| 19 |
| Change | +484
| +194 | -31
| -44 | -39
| -13 | +10
| -6 |
12.14 The promotion rates for ethnic minorities in the
RAF are proportionate to the ethnic minority strength of the Service
(1.1%). However, in the last financial year, 1.7% of promotions
to Flight Sergeant and 2.2% of those promoted to Warrant Officer
were from the ethnic minorities.
GRIEVANCE/REDRESS
PROCEDURES
13. What are the advantages and disadvantages of the present
redress procedures?
13.1 The current redress procedures give the advantage
of a right guaranteed by statute to raise a complaint about any
matter relating to service in the Armed Forces. This guarantee
includes the right to raise the complaint to the highest level
of the Defence Council (in practice the relevant Service Board
or the Sovereign in the case of officers) if redress satisfactory
to the complainant is not offered at a lower level. As an internal
mechanism, there is assurance that the complaint will be investigated
by staff with the appropriate experience in Service matters to
understand the complaint and who are responsive to Service needs
and concerns, but also concerned to ensure fairness to the complainant.
In addition, they are in a position to recommend and deliver changes
to policy and procedures where an individual complaint exposes
an issue of wider concern. Internal investigation preserves the
authority of the chain of command, which is necessary to maintain
discipline and operational effectiveness. To be consistent with
this aim, complaints are taken seriously and investigated thoroughly.
There is prior disclosure to the complainant of relevant papers
to ensure fairness: ie that the complainant has a full understanding
of the case to be made to the decision taker and can make effective
representations in relation to that case.
13.2 A disadvantage is that complaints which cannot be
settled informally or formally by a commanding officer to whom
a complaint is initially made may take a considerable amount of
time to be brought to a conclusion. This is particularly the case
for complaints which fall to the Service Boards to determine as
there is a very limited number of Board members to consider complaints
and each complaint must be considered by two Board members (and
three if there is a difference of opinion). It may also be regarded
as a disadvantage that for matters on which Service personnel
have the right to make an application to an Employment Tribunal
(ET) (race and sex discrimination, equal pay) they must first
submit a redress of complaint before commencing ET proceedings.
The requirement to participate, potentially or actually, in two
sets of proceedings may entail additional inconvenience and possibly
cost. However, all good employers are expected to have internal
grievance procedures and to resolve issues by this means if at
all possible. There are also limits on the financial compensation
which is available through the redress of complaint procedures
compared to the compensation which can be awarded by an ET. Under
redress procedures, ex-gratia payments may be awarded to compensate
for any financial losses suffered as a direct result of the mistake
or incorrect judgement which is the subject of a complaint but,
unlike an ET, there is no legal entitlement for damages for injury
to feelings, pain or suffering. (Where a complaint subject to
redress is also before an ET, however, financial compensation
will be settled under ET rules.)
14. Have the tri-Service reviews of redress procedures
been completed? What were the main conclusions? Are any changes
planned in the right of officers to petition the Sovereign?
14.1 The tri-Service review of redress of complaint procedures
was completed earlier this year and action has been taken, or
is currently in train, to implement the recommendations. The main
conclusion was that procedures would be more effective if decisions
were taken at the lowest possible level. To that end, the steps
to be taken were to issue guidance to commanding officers impressing
on them their personal responsibility to take firm, clear and
timely decisions, setting out reasons for granting or refusing
the redress sought. Time limits for dealing with complaints are
set for the various stages of processing complaints (although
these cannot be rigid given the varying complexity of complaints).
New guidance has been issued on powers to award financial compensation.
This advises commanding officers on how they may seek advice from
policy and budget staff and has been reinforced by the provision
of Service personnel policy staff redress focal points.
14.2 On petitions to the Sovereign, it was concluded
that we should retain what many officers regard as an important
protection of their rights. No suitable alternative was identified
and accordingly there are no plans, at present, to change the
right of officers to petition the Sovereign.
15. Has the administrative guidance on redress in the
Army now been amended as recommended by the Adjutant General's
review? What were the main changes? Has additional training been
provided for commanding officers? Has there been any extension
of the use of mediation?
15.1 A review of administrative casework was undertaken
on behalf of the Adjutant General in 1999. Implementation or further
work is in hand within the Army and in the Department. The following
actions have been implemented in terms of Redress of Complaint
and administrative action:
— Instructions have been issued down the chain of
command which encourage the speedy resolution of casework at the
lowest level;
— Decisions in misconduct cases will be made on
the basis of a balance of probabilities, rather than the current
requirement for incontrovertible evidence of misconduct;
— Additional training is being provided to all Commanding
Officers on the implementation of changes to summary discipline
procedures, required by the Armed Forces Discipline Act 2000;
and
— The use of mediation in the revised redress of
complaint procedure.
16. One of the factors which sets the Services apart from
the rest of society is that the grievance process does not include
an external and independent check on the risk of injustice arising
from maladministration or unfair discrimination. What are the
MoD's views on the establishment of a Parliamentary Commissioner
for the Armed Forces or similar office or functions?
16.1 The review of redress procedures considered a number
of options for introducing an external, independent element into
the complaint procedure. These were extension of the remit of
the Parliamentary Commissioner for Administration to review Service
Board decisions; an independent complaints authority to replace
the Service Boards and petitions to the Sovereign; and an independent
authority to advise the Service Boards. However, as in previous
reviews of this issue, it was concluded that this would not be
appropriate. Extension of the Parliamentary Commissioner's remit
would place members of the Armed Forces in a privileged position
compared to other public employees. There are no strongly persuasive
arguments that the creation of a separate independent authority
or advisory independent body would speed up redress procedures
or lead to fairer outcomes. There are contrary arguments that
such a body would add complexity and increase delays, particularly
if its staff were not familiar with Service terms and conditions.
In any event, Service Board decisions can be subjected to judicial
review. This is in addition to the right of recourse to an ET
on certain matters, principally discrimination.
1
A female Colonel has been selected for promotion to Brigadier
in 2000. Back
2
Two ethnic minority Lt Colonels have been selected for promotion
to Colonel in 2000. Back
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