APPENDIX 5
Further Memorandum from the Ministry of
Defence (1 December 2000)
REVIEW OF THE ARMED FORCES POLICY ON HOMOSEXUALITY
AND THE CODE OF SOCIAL CONDUCT
The European Court of Human Rights ruling of
27 September 1999 made it quite clear that the bar against homosexuals
serving in the Armed Forces was unsustainable and in contravention
of the European Convention on Human Rights. The UK ratified the
convention in 1951, and has been bound by Treaty obligations to
accept the ruling of the European Court since that time. This
has been the position of successive governments of both parties.
As a result, the Chief of Defence Staff announced
on 30 September 1999 that a review of the current homosexual policy
in the Armed Forces was to be undertaken, with a view to making
recommendations to Ministers as soon as possible. It was emphasised
that the review needed to identify a ". . . long term policy
and sustainable code of conduct that retained our operational
effectiveness and was within the law."
It was paramount to ensure that MoD's policy
on homosexuality met both Service needs and the legal requirements
of the European Courts' ruling. A number of different options
were examined, with the clear recommendation being for a policy
that was underpinned by a new Code of Social Conduct for the Armed
Forces. This is based on personal behaviour and applies equally
to all Service personnel, without the need to refer to sexual
orientation. The new policy was formulated in full consultation
with the Service Chiefs and was announced to Parliament by the
Secretary of State (the Rt Hon Geoff Hoon) on 12 January 2000.
All commanding officers were provided with a
comprehensive briefing pack containing details of the new policy
and guidance notes on its implementation. These notes were based
on a range of key principles, one of which is that they have a
duty of care to all personnel under their command, regardless
of sexual orientation. The Single Service Chiefs of Staff recognised
the need for change. They were, and remain, committed to making
the policy work. Strong leadership—a traditionally strong
quality of the Armed Forces—from the top down was, and remains,
crucial to the success of the policy.
A number of other changes and decisions were
made initially. Members of the public who apply to join the Services
through recruiting offices are not now asked about their sexual
orientation. The matter is now considered utterly private. If
they volunteer the information that they are homosexual this makes
no difference and no record is made. As it is now considered to
be a private matter, the Services are setting no quotas for the
recruitment of homosexuals nor monitoring performance against
any equal opportunity targets.
We have made it clear since the adoption of
the policy that we operate a rule of zero tolerance towards any
harassment, bullying or victimisation for whatever reason. Everyone
within the Services is now governed by the new Code of Social
Conduct.
This Code sets out several guidelines when considering
social misconduct including inappropriate personal behaviour and
its consequences. It does not differentiate between heterosexual
and homosexual personnel. There must be, and be seen to be, equal
treatment for all.
The policy has been kept under active review,
and the first feedback report was received from the Services in
August this year covering the first six months after the introduction
of the revised policy and the accompanying Code of Social Conduct.
The three Single Services were invited to comment on a range of
issues relating to the change and what they saw as developments
arising from it.
It was stated at the sixth-monthly stage that
there had been no reported difficulties of note concerning homophobic
behaviour amongst Service Personnel. In addition to this, every
unit has appointed a trained Equal Opportunities Advisor who is
the commanding officer's personal consultant on such issues. There
are also a number of Service welfare agencies and a confidential
helpline available to advise members of the Armed Forces on what
action to take if they feel they are being persecuted for whatever
reasons.
The three Services reported that the revised
policy on homosexuality had had no discernible impact, either
positive or negative, on recruitment. Interestingly, some areas
that had previously been closed to the Forces, such as some Student
Union "Freshers' Fairs", are now open to the Services.
The Code of Social Conduct has been well received
and has been found to be a useful guide for commanding officers
in dealing with all issues surrounding personal relationships
and behaviour, going wider than just homosexual issues.
The subject has also been integrated as an important
element of training at the Tri-Service Equal Opportunities Training
Centre (the first of its kind in Europe, and where our unit Equal
Opportunities Advisors are trained in a week-long course) at Shrivenham
and the new policy is discussed at various stages throughout the
courses there. As stated before, we recognise that, for it to
work, there must be firm leadership.
Within the Services, the change in policy was
accepted as inevitable, although there were some initial misgivings,
the majority of which were in regard to the practical aspects
of implementation and its consequences, often centred on shared
accommodation.
Since then there has been widespread acceptance
of the new policy in part because of the underlying principle,
embodied in the Code of Social Conduct, that sexual orientation
is now regarded as a private matter, and in part because people
have demonstrated a mature and pragmatic approach.
As the House of Commons Defence Committee has
stated its intention to continue to monitor the policy and we
therefore plan to undertake a further internal management review
in two years time. The change has been introduced smoothly and
no further changes are planned at the present time to either the
policy, the Code of Social Conduct, or the content of our training
courses.
| 
