HC Deb 08 November 2001 vol 374 c380W
Mr. Hague

To ask the Secretary of State for Defence what advice his Department provides to UK service men to inform them of their rights under the Race Relations Act 1976 when working on sovereign bases overseas; and if he will make a copy available in the Library. [12735]

Mr. Ingram

The armed forces aim to achieve a working environment free from harassment, intimidation and unlawful discrimination wherever personnel are located. Guidance disseminated by the armed services reflects this policy and makes clear that any individual has the right to pursue a complaint through the internal redress procedures. All such complaints are taken seriously and investigated thoroughly. Although the Race Relations Act 1976 may not in all circumstances apply to personnel serving in the sovereign bases overseas, our own policies and internal procedures do not differentiate between service personnel in different locations.

Mr. Hague

To ask the Secretary of State for Defence if it is possible for UK service men serving on sovereign bases overseas to bring a case against the Ministry of Defence under the Race Relations Act 1976. [12758]

Mr. Ingram

The Race Relations Act 1976 makes it unlawful for an employer to discriminate on racial grounds against an employee in relation to employment at an establishment in Great Britain. In this context sovereign bases do not form part of the territory of Great Britain.

Section 8 of the Race Relations Act provides that employment will be regarded as being at an establishment in Great Britain unless the employee does his work wholly outside Great Britain. Therefore, whether a member of the armed forces serving on a sovereign base (or elsewhere outside Great Britain) could bring a complaint under the Race Relations Act 1976 would depend upon whether the alleged act or acts of discrimination took place at a time when he or she worked wholly outside Great Britain. If the complaint related to a period when that person did not work wholly outside Great Britain then the Act would be applicable.