HARASSMENT AND BULLYING
121. The AFOPS's goal is 'a working environment free
from harassment, intimidation and unlawful discrimination, in
which all have equal opportunity ... to realise their full potential'.[223]
If the Services wish to retain the right people in the right numbers,
they must provide that environment. It would be naive to suppose
that, whatever steps the Services take, they can completely eradicate
racist or sexist views or other unacceptable demonstrations of
prejudice (although we believe such behaviour is no more characteristic
of the Services than of society in general). What the Services
can do, however, is eradicate the negative effects of such
unacceptable views by ensuring that behaviour is of an
acceptable standard. The Armed Forces are particularly well-placed
to do this given their emphasis on discipline and 'top down' command
structure.
122. The CRE's formal investigation of the Household
Cavalry in 1996 (discussed at some length in the report of the
Select Committee on the Armed Forces Bill in 1996)[224]
found that there was direct and indirect discrimination in recruitment
and selection of both officers and soldiers; instructions or inducements
to discrimination; and abuse and harassment of ethnic minority
soldiers. These very serious findings led to the MoD and the CRE
agreeing first an Action Plan and then a Partnership Agreement
in relation to equal opportunities and discrimination.[225]
The Partnership Agreement, which began in 1998 for a five-year
period, identified a series of measures to be implemented by the
MoD to: improve recruitment and retention rates; increase the
number and level of officers from ethnic minorities; take effective
action against racial discrimination; and to ensure monitoring
was carried out.[226]
123. MoD policy on racial harassment is unequivocal
The Armed Forces have made
it absolutely clear, through statements by Ministers and senior
Service personnel, policy documents and leaflets, that any form
of harassment or discrimination, including racial or sexual harassment
or discrimination is unacceptable and will not be tolerated. We
want senior managers to confront prejudice and act decisively
to remove it. Strong leadership is required from all personnel
to create an organisational culture which welcomes and promotes
diversity.[227]
DCDS (Personnel) reiterated in oral evidence that
the Services have 'declared war on racism' and that there is a
policy of zero tolerance towards it.[228]
A key factor in delivering the policy is training. The Tri-Service
Equal Opportunities Training Centre, opened in Shrivenham in September
1998, provides training for senior officers and equal opportunities
advisers. There is a tri-Service equal opportunities goal set
out in the AFOPS and each Service has equal opportunities directives
and action plans.
124. The EOC say that, despite what they regard as
'comprehensive' sexual harassment policies, the culture of the
Services still acts to dissuade women from making complaints when
harassment does occur, for fear of damaging their own or others'
careers and disrupting team morale.[229]
It is important that women personnel feel able to express their
concerns and that the Services use all means available to gather
accurate information about how and where incidents occur. The
EOC welcomed the Army's initiative in setting up focus groups
to enable men and women to discuss equality and harassment issues
informally.[230]
125. Confidential helplines have been set up in all
three Services, giving all personnel access to advice on any matter
of concern. SSAFA, which runs the Army's helpline, said that,
although it was difficult to be accurate, about 25 per cent of
calls were concerned with the broad category of 'bullying' within
which some element would be related to sexual or racial harassment.[231]
We believe such helplines are a very valuable resource and help
people to deal with difficult situations without necessarily resorting
to formal complaints procedures. However, if the Services are
to deliver a valid equal opportunities policy, it is crucial that
when formal complaints are made about racial, sexual or any other
sort of harassment, they are dealt with reasonably, swiftly and
effectively.
126. The EOC told us
Regrettably, the majority
of the women who come to us are women who are about to leave or
who have left the Armed Services. That suggests to us that the
culture prevailing in the Armed Services is one that is not conducive
to them making a complaint while they are in there and expecting
it to be dealt with. What is required is a culture that supports
the complainant and deals with their complaint swiftly and speedily.
The longer it continues the worse it becomes.[232]
However, this evidence may also suggest that the
women who do not go to the EOC are those who prefer to deal with
problems themselves, while remaining in the Forces. While we do
not wish to promote a 'culture of complaint', the MoD accepts
that 'incidents of harassment are still occurring, and that complaints
are not always felt to have been satisfactorily resolved'. It
has assured us that they are not complacent about this and that
they have work in hand to establish performance indicators to
assess the effectiveness of equal opportunities in practice.[233]
It is all very well to have policies on such issuesbut
you have to walk the talk. The EOC believe that the key to dealing
with harassment effectively is leadership
If you have leadership it
is clear that this sort of behaviour is not tolerated ... It gives
a very clear statement of the vision for that team to the people
who are serving and makes it absolutely clear where the line is
drawn and things can be dealt with. Leadership is a critical factor
in making sure women are able to come forward.[234]
127. The Commission for Racial Equality agreed that
the part played by the chain of command in influencing equal opportunities
was crucial, as demonstrated by the success with which the Household
Cavalry has, since 1996, turned its race relations round from
one of the worst examples to one of the best.[235]
The CRE agreed with the EOC that there was a reluctance to complain
formally because of fear of the effects on careers, and they were
concerned about the time taken to process complaints. In the Armed
Forces those alleging racial discrimination must first take their
case through the internal Service discipline procedures, which
can take one to three years. They also have access to employment
tribunals but this process does not generally begin until the
internal procedures have been concluded. The CRE believes Service
personnel should have the right to complain directly to employment
tribunals.
128. We believe the Services have made great strides
in changing their working environment to one where all members
of society can expect to feel welcome. But there is no room for
complacency: regrettable incidents of racial and sexual harassment
and other forms of bullying are still occurring and efforts to
eradicate these must continue. We recommend the MoD takes full
account of the views of the EOC and the CRE in working towards
an effective equal opportunities policy which will meet the high
standards which the Services have set themselves. The
MoD should demonstrate its commitment to a harassment free working
environment by ensuring that there is no display of material which
may either be seen as offensive to women or of a racist nature,
in any public areas on any of its premises or that of its agencies.
CODE OF SOCIAL CONDUCT
129. Following a ruling by the European Court of
Human Rights in September 1999, the Armed Forces' policy on homosexuality
was judged by the MoD to be no longer sustainable. In the following
January, the Secretary of State announced that an admission of
homosexuality would no longer prevent people serving the Armed
Forces, and a code of social conduct was introduced to regulate
the behaviour of all individuals. The test of whether personal
behaviour was appropriate to military service is now based on
a commanding officer's assessment of whether an individual's actions
are likely to adversely impact on operational effectiveness.
130. The new policy has been kept under review since
its inception; the Services were invited to make an initial report
on any effects arising from its implementation in August. All
three Services reported that the revised policy had had 'no discernible
impact, either positive or negative' on recruitment and that it
had been well-received by serving personnel despite some initial
misgivings.[236]
Professor Strachan's view was that
The homosexuality issue is
a classic illustration of how the Ministry of Defence can get
it wrong and then put it right ... I could never understand why
it was not possible to treat much of this issue in many of the
other ways that they have already handled issues to do with gender,
sexual harassment and so on. Having adopted a policy which effectively
does that, which is what the armed services have now done, by
and large they have now got it right.
Both he and Professor Dandeker thought the MoD should
learn from this and become more proactive in their response to
social trends, rather than waiting to be forced into change by
legal rulings which meant the Services did not then get the credit
for the sensible and effective policies they adopted.[237]
We agree. We are pleased that the introduction of the new code
of social conduct so far appears to have caused no problems and
look forward to receiving further results of the MoD's ongoing
monitoring. It is important that the Services look ahead to anticipate
problems of this kind and how they wish to respond, rather than
being forced into action by outside authorities. In the case of
homosexuality, the Services may have found a policy which proves
to be acceptable to the majority of Service personnel.
202 Values and Standards of the British Army,
Commanders' Edition, March 2000, p 5 Back
203 Ev
p 26 Back
204 QQ
723-724 Back
205 Q
725 Back
206 Q
319 Back
207 Q
685 Back
208 Q
688 Back
209 Q
4 Back
210 Ev
p 26, para 1.3 Back
211 Fourth
Report from the Defence Committee, Session 1999-2000, Armed
Forces Discipline Bill [Lords], HC 253 Back
212 QQ
25, 31-32 Back
213 See
Ev p 39, para 18.6. Back
214 Q
315 Back
215 QQ
407, 412-413 Back
216 QQ
440, 455 Back
217 Q
441 Back
218 Q
315 Back
219 Q
448; Ev p 29, paras 6.1-6.5 Back
220 QQ
443-444; see also QQ 362-363 Back
221 Ev
p 29, para 6.9 Back
222 Q
439 Back
223 AFOPS,
p 44 Back
224 Special
Report from the Select Committee on the Armed Forces Bill, Session
1995-96, HC 143, paras 25-29 Back
225 Ev
pp 90-91 Back
226 The
Action Plan and the Partnership Agreement are set out in full
at Ev pp 98-104 Back
227 Ev
p 32, para 10.1 Back
228 Q
92 Back
229 Ev
p 76, para 5.2.3 Back
230 Ev
p 77, para 5.2.5 and Q 196 Back
231 Ev
p 33, para 10.5; QQ 558-562 Back
232 Q
203 Back
233 Ev
p 33 paras 10.7-10.11 Back
234 Q
203 Back
235 QQ
213, 246; Ev p 92 Back
236 Ev
pp 239-240 Back
237 Q
65 Back