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1536594

registered interest
date	26/10/2022
answering body	Ministry of Defence
answering dept id	11
answering dept short name	Defence
answering dept sort name	Defence
hansard heading	Armed Forces: Homosexuality
house id	2
legislature	25277 pref label House of Lords
question text	To ask His Majesty's Government, further to the Written Answer by Baroness Goldie on 25 October (HL2691), what steps they are taking to provide compensation for pension losses caused to members of the armed forces who were discharged or dismissed solely on grounds of sexual orientation before 2000, and who would otherwise have been able to serve until reaching their immediate pension point or to the point of full career retirement.
tabling member printed	Lord Lexden
uin	HL2926
answer	answer is ministerial correction date of answer 09/11/2022 answer text <p>As defined within primary legislation, Armed Forces pension awards reflect the actual time served. In 2000, a member would have served 16 years as an Officer or 22 years as an Other Rank to qualify for the immediate payment of a pension on discharge, and those who served at least two years would be entitled to receive a deferred pension, payable at age 60 for service between 1975 and April 2006. Circumstances of dismissal relate to terms and conditions of employment and not the provisions of the Armed Forces Pension Schemes, meaning that Service personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights.</p><p>In the early 2000's, the Ministry of Defence settled a number of claims from former members of the Armed Forces who had been dismissed for being LGBTQ. The compensation awarded to claimants consisted of damages for loss of earnings, loss of pension and injury to feelings. These claims were reported in the national press at the time of settlement. However, upon completion of the Lord Etherton PC Kt QC independent review into the impact of Defence's historic policy on homosexuality, the Government will carefully consider the recommendations and decide what action to take.</p> answering member printed Baroness Goldie question first answered 09/11/2022 12:07:11 answering member 4306 label Biography information for Baroness Goldie
tabling member	4202 label Biography information for Lord Lexden

1523497

registered interest
date	18/10/2022
answering body	Ministry of Defence
answering dept id	11
answering dept short name	Defence
answering dept sort name	Defence
hansard heading	Armed Forces: Homosexuality
house id	2
legislature	25277 pref label House of Lords
question text	To ask His Majesty's Government, further to the remarks by Baroness Goldie on 17 October (HL Deb col 952), how many service personnel discharged or dismissed before 2000 for homosexual conduct that was legal in civilian life forfeited their full pension rights; and what plans they have to restore their full rights.
tabling member printed	Lord Lexden
uin	HL2691
answer	answer is ministerial correction date of answer 25/10/2022 answer text <p>Defence recognises and accepts that the policy that homosexuality was incompatible with Service life was unacceptable and that its LGBT+ veteran community suffered as a consequence. As part of the Veterans’ Strategy Action Plan 2022-2024, the Ministry of Defence (MOD) and the Office for Veterans’ Affairs (part of the Cabinet Office) co-commissioned Lord Etherton PC Kt QC to chair an independent review into the impact of this policy. Once completed, Lord Etherton will send a report containing his recommendations to the Chancellor of the Duchy of Lancaster and The Secretary of State for Defence. The Government will then decide what action to take.</p><p> </p><p>The MOD is not aware of any instances in which the accrued right to a pension has been forfeited because of the member’s sexual orientation; Service personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights. There are no provisions of the Armed Forces Pension Scheme which are discriminatory on the basis of a member’s sexuality. Accordingly, it is not possible in law to amend the scheme rules so that they have retrospective effect. As there is no existing discretion in the Armed Forces pension rules to retrospectively deem pensionable service to have been given in order to provide for additional pension entitlement, they are not an appropriate vehicle for financial compensation.</p> answering member printed Baroness Goldie question first answered 25/10/2022 10:55:57 answering member 4306 label Biography information for Baroness Goldie
tabling member	4202 label Biography information for Lord Lexden

1146325

registered interest
date	25/09/2019
answering body	Ministry of Defence
answering dept id	11
answering dept short name	Defence
answering dept sort name	Defence
hansard heading	Armed Forces: Sexual Offences
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have to make posthumous pardons available under the Policing and Crime Act 2017 to armed forces personnel convicted of sexual offences that have now been abolished.
tabling member printed	Lord Lexden
uin	HL17820
answer	answer is ministerial correction date of answer 08/10/2019 answer text <p>Primary legislation will be required in order to add to the list of Service disciplinary offences set out in the Policing and Crime Act 2017. We will continue to consider finding Parliamentary time for this.</p> answering member printed Baroness Goldie question first answered 08/10/2019 14:31:34 answering member 4306 label Biography information for Baroness Goldie
tabling member	4202 label Biography information for Lord Lexden