Armed Forces: HIV Screening Policy (Hansard, 22 July 1997)

§ The Minister of State, Ministry of Defence (Lord Gilbert)
My Lords, in accordance with long-standing government policy there is no compulsory medical screening for HIV infection of either recruits or those already in service with the Armed Forces. Those who consider themselves to be at risk are encouraged to consult their medical officer on a confidential basis and to undergo counselling and voluntary testing if necessary.

§ Lord Burnham
My Lords, I am distressed to hear that Answer from the Minister. What steps will Her Majesty's Government take to ensure that those who have to treat injuries and wounds in the field are 1304 protected from HIV-infected body fluids, particularly if homosexuals and drug addicts, who are especially susceptible to HIV, are in future admitted into Her Majesty's forces?

§ Lord Gilbert
My Lords, the position with respect to those who have unfortunately become HIV positive as a result of accidents while in Her Majesty's employment is that they remain in that employment until their health deteriorates; then their employment is, if necessary, terminated on medical grounds. They receive full counselling, medical advice and treatment. Going slightly wider than the Question, compensation depends on the circumstances in which the HIV condition was received; where a person was infected; how it happened, and the consequences of that. If the MoD was in any way negligent, then it would expect to pay compensation.

Earl Howe
My Lords, is the Minister aware that this matter has potentially significant ramifications for the Armed Forces, not only in terms of the health of personnel but also in terms of morale and discipline? If a screening process is not practicable—I entirely understand what the Minister said in that connection—will he tell the House what estimate has been made of the incidence of HIV positive cases within the Armed Forces at the moment? How do the Armed Forces deal with such cases as and when they come to light to protect other personnel?

§ Lord Gilbert
My Lords, as I should have thought the noble Earl would have known from his experience of these matters, the situation is not nearly as grave as he purports to make out. As I understand it, during the 11-year period since records were first kept, in 1986, there have been only 38 known cases among the forces. Of those 38, 16 serving personnel subsequently went on to develop AIDS; only six have so far died from that sad condition.

Lord Renton
My Lords, is it not obvious that if homosexual practices were authorised within the Armed Forces the number of men who were HIV positive would increase very considerably?

§ Lord Gilbert
My Lords, it is unhealthy for us to focus exclusively on homosexual practices as a source of AIDS. People can contract AIDS through all kinds of unfortunate circumstances that are totally outside their own control. They may, for example, be infected through receiving blood transfusions following a traffic accident, or when they visit their dentist. It is quite wrong automatically to consider that those with the HIV virus contracted it as a result of some sexual practice.

§ Lord Gisborough
My Lords, what provision is there to ensure that somebody does not join the Army and then subsequently claim benefit for having contracted AIDS when in fact he already had the infection when he joined?

§ Lord Gilbert
My Lords, I am not aware of any such cases. They would have to be examined on a case by 1305 case basis. If a member of the forces was found to be suffering from AIDS, as the noble Lords suggests, the forces would consider how the condition was contracted. If, for example, it had been contracted through drug abuse, there would be a possibility of attracting military discipline.

Baroness Sharpies
My Lords, is the noble Lord saying that blood transfusions are not safe?

§ Lord Gilbert
My Lords, there are certainly unfortunate cases about which I should have thought the noble Baroness would have heard where people have contracted HIV from infected blood.

§ Lord Rotherwick
My Lords, does the Minister agree that it would be extremely difficult to allow HIV positive soldiers into combat? If they were to be injured, it would be extremely unfair on their companions to have to treat them—not only would they be subject to injury from the enemy, but also from their own comrades.

§ Lord Gilbert
My Lords, in extension of the reply I gave to the noble Baroness a moment ago, the infected blood can come from outside this country. HIV might be contracted following a traffic accident in another country, which is nobody's fault. With respect to the noble Lord's question, it is necessary to remind the House that, other than drug abuse, so far as I know the only way of acquiring the HIV virus is through an exchange of body fluids.