Ministerial
Statement
Statement by Rt Hon Geoff Hoon MP to the House of
Commons, 12 January 2000
With permission, Madam Speaker, I wish to make a statement on the
outcome of our review of the implications of a judgement by the European
Court of Human Rights as it affects the Armed Forces.
The House will recall that, on 27 September, the European Court of Human
Rights delivered its judgement in a case brought by four ex-Service personnel
of the United Kingdom Armed Forces who had each been discharged on the grounds
of their homosexuality.
My predecessor issued a statement at the time
making clear that the Government accepted the judgement of the Court – as British Governments
have always complied with such rulings – and that we would be
carefully studying the implications of the decision. He also announced
that those cases already in the system – that is, personnel in
the process of being discharged on grounds of homosexuality – would
be put on hold.
In the light of the Court’s decisions,
it was clear that the existing policy was not legally sustainable.
We accordingly asked the
Chief of the Defence Staff to set in hand an urgent review of policy
in this area. That review has now been completed, and I am able to
announce the outcome today.
Our starting point has been to develop a revised policy that preserves
the operational effectiveness of our Armed Forces, respects the rights
of the individual, and takes full account of the Court ruling.
The Chiefs of Staff accept the need to change the existing policy
and have been fully involved in the process of developing a revised
policy. I have discussed the subject with them on a number of occasions.
They have endorsed the outcome of the review.
We have drawn on the experience of other countries – in particular
Australia – and have taken account of the last formal study of
this subject in the United Kingdom, undertaken in 1995. Moreover, we
have reflected the Court’s conclusion that legally we are obliged
to adopt an approach which regards sexual orientation as essentially
a private matter for the individual.
There is, of course, no doubt that the Armed Forces are a unique institution
and occupy a unique place in our society.
We expect a lot of them. They cannot choose the people they work and
live with, often in difficult, cramped conditions and for sustained
periods. Operational effectiveness depends on team cohesion and the
maintenance of trust and loyalty. As a result, standards of behaviour
are imposed on members of the Armed Forces that can be more demanding
than those required by society at large.
That is why we need a code of conduct to govern the attitude and approach
to the personal relationships of those serving in the Armed Forces.
This code will apply across the Forces, regardless of Service, rank,
gender or sexual orientation. It will provide a clear framework within
which people in the Services can live and work. And it will complement
existing policies, such as zero tolerance towards harassment, discrimination
and bullying. I would emphasise that we are not tightening up the rules
on heterosexual relationships.
The Code is not an abstract legal document full of rules and regulations.
It has been developed by Service experts who understand fully the operational
needs and day-to-day practicalities of the Armed Forces. Personal relationships
do not ever lend themselves to precise prescription and the Code recognises
explicitly that:
"It is not practicable to list every type of conduct which might
constitute social misbehaviour".
Therefore, we have placed at the heart of the Code what we call the
Service Test, set out in the following terms:
"Have the actions or behaviour of an individual
adversely impacted or are they likely to impact on the efficiency
or operational effectiveness
of the Service?"
In using the Code, commanders will have to apply
this Service Test through the exercise of their good judgement,
discretion and common
sense – the essence of command and the effective management
of people.
I am arranging for copies of the Code to be placed in the library
of the House.
The European Court of Human Rights ruling makes very clear that the
existing policy in relation to homosexuality must change.
As all personal behaviour will be regulated
by the Code of Conduct with the object of maintaining the operational
effectiveness of the
three Services, there is no longer a reason to deny homosexuals the
opportunity of a career in the Armed Forces. Accordingly, we have
decided that it is right that the existing ban should be lifted. As no
primary
or secondary legislation is required, with effect from today, homosexuality
will no longer be a bar to service in Britain’s Armed Forces.
A range of briefing material is being issued to Commanding Officers
to explain the Code of Conduct and to give them detailed guidance on
how it should be implemented. This makes clear that the Chiefs of Staff
commend the principles of the new policy and are committed to ensuring
that it works.
Madam Speaker, I recognise that there may be some concerns within
the Armed Forces and elsewhere over this new policy. But I believe
that the changes I have described offer the best way forward in terms
of providing an approach which maintains operational effectiveness,
is within the law, and recognises the rights of the individual.
Implementing these changes successfully will be a challenge for leadership
at all levels in the Armed Forces but such challenges are not new,
and all three Services will be equal to the task.
With the commitment which is in place from the very highest levels
of the chain of command, I am confident that our Armed Forces will
adapt to this change in the professional manner for which they are
rightly held in the very highest regard.
There will be those who would have preferred to continue to exclude
homosexuals but the law is the law. We cannot pick and choose the decisions
we implement. The status quo is simply not an option.
This code centres on the paramount need to maintain the operational
effectiveness of the Armed Forces.
I have no doubt it is the best way forward.
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