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<p>The historic policy prohibiting homosexuality in the armed forces was wrong and
the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered
injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned
by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE)
on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s
pre-2000 policy that homosexuality was incompatible with service in the armed forces.
As part of this CfE, a testimonial referred to an accusation that in 2010 Service
Police records relating to investigations where criminalised homosexuality was a factor
had been deleted. <br> <br> Service Police investigative records are routinely and
lawfully destroyed, typically between three and 10 years after the offence is reported,
in line with data protection legislation and MOD policy. Once records no longer have
an investigative value there is no basis for retaining them, particularly as they
contain sensitive personal information. Personal data contained in service records
pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection
Act 1998. Data processed subsequent to this date is processed in accordance with the
Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed
by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry
of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records
concerning decriminalised sexual offences so that historical decriminalised convictions
would not show up on criminal record checks of Service Personnel. This was lawful,
fully in line with appropriate Government policy on data protection, and mirrored
Government policy in civilian life.</p><p><br> As part of the IR, the MOD have examined
historic records and the policies and decisions made in relation to the retention
of those records. We have found that the Single Services correctly followed policies
and processes concerning the removal of records, in line with data protection legislation
and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter
has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing
any recommendations stemming from the ongoing IR, there are no current plans to publish
any documentation related to the decision of the Defence Police Chief’s Forum in 2010
to implement the government policy at the time</p><p><br> As the records no longer
exist, it is not possible to quantify how many records have been destroyed. However,
whilst Defence cannot give a precise figure for the number of veterans who had their
records destroyed, I can advise that almost all such police investigative records
concerning gay and lesbian personnel before 2000 have been destroyed. <br> <br> The
question of compensation, admissions of fault, and other such corrective and compensatory
measures is a matter for the ongoing IR. Defence will not prejudice the outcome of
the IR by speculating on any recommendations it may make. Pensions for Service Personnel
are linked to their pay and length of service. Thus, Service Personnel dismissed or
discharged in respect of their sexuality retained their accrued pension rights and
are, therefore, out of scope of the IR.</p><p> </p><p>The MOD’s priority now is to
understand the full impact of the historic ban and find appropriate ways to address
the wrongs of the past, where possible.</p><p> </p>
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