HC Deb 01 December 1993 vol 233 c607W
Mr. Watson

To ask the Secretary of State for Defence when he proposes to introduce the new regulations dealing with lesbians and gay men in the armed forces; and if he will set out the regulations currently in force.

Mr. Hanley

New regulations reflecting the policy announced in June 1992 that homosexual activity of a kind that is legal in civilian law should not constitute an offence under the service law cannot be introduced until the law has been amended. This will be done as soon as the legislative programme allows. The new policy is, however, being followed by the armed forces and new tri-service guidelines on handling cases of homosexuality are currently being drawn up.

Mr. Watson

To ask the Secretary of State for Defence if he will make a statement on the benefits payable(a) to lesbians and gay men who have been dismissed from the services because of their homosexuality and (b) to men and women administratively discharged.

Mr. Hanley

The level of financial benefits payable to all personnel who are administratively discharged from the armed forces depends on their length of service and the circumstances of each case. Where misconduct or unsatisfactory behaviour has occurred, the individual's rate of pension could be affected. If personnel do not qualify for an immediate pension there is no difference in the level of their preserved pension and gratuity. If they have completed sufficient service for them to qualify for an immediate pension they receive a lower rate of pension and, therefore, of gratuity as this is three times the first year's pension. To qualify for an immediate pension, however, they would have had to complete a minimum of 16 years' reckonable service if officers or 22 years' reckonable service if non-commissioned personnel. Individuals discharged as a result of homosexuality would normally receive the full extent of benefits to which they are entitled based on their length of service.