§ Lord Dubsasked Her Majesty's Government:
Whether they have reached a conclusion about the implications for the Armed Forces of the European Court of Human Rights judgment on 27 September 1999. [HL553]
§ The Minister of State, Ministry of Defence (Baroness Symons of Vernham Dean)On 27 September 1999 the European Court of Human Rights delivered its judgment 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. The Government accepted the Court's 123WA judgment and asked the Chief of 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 priority has been to preserve the operational effectiveness of our Armed Forces, to respect the rights of the individual, and to take full account of the Court ruling. The Chiefs of Staff have been fully involved in the process of developing a revised policy and have endorsed the outcome of the review.
The review has judged that sexual orientation is essentially a private matter, but, because of the unique place of the Armed Forces in our society, standards of behaviour are rightly imposed on members of the Armed Forces that can be more demanding than those required by society at large.
The MoD is therefore introducing 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. Moreover, it will complement existing policies, such as zero tolerance towards harassment, discrimination and bullying.
The code has been developed by Service experts who understand fully the operational needs and day-to-day practicalities of the Armed Forces. 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 judgment, 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.
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.
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.