A historical ‘gay ban’ which saw thousands of LGBT veterans mistreated or dismissed from the armed forces merely on the basis of their sexual orientation, has finally prompted an apology in the House of Commons. But a proposed award of up to £70,000 in compensation has been criticised as insufficient, when compared to the losses and suffering LGBT veterans have experienced in the intervening years.
Homosexual service personnel were banned from serving in the armed forces until 2000. And in the period from 1967, when homosexuality first started to be decriminalised, it is thought that up to 4,000 service personnel suffered mistreatment on the basis of their sexual orientation, and they are now eligible to make compensation claims. The Ministry of Defence has undertaken “extensive engagement” with LGBT veterans and campaigners, resulting in these developments, and following a review chaired by Lord Etherton – the first openly gay judge in the UK – a total compensation pot of £50m was proposed. However, the Government has now increased this to £75m, but the maximum an individual veteran can claim is £70,000.
A criminal record and over 30 years of torment
The Etherton Review uncovered several incidents of LGBT veterans being bullied and assaulted while in service. On top of this harassment, service personnel had to undergo extensive and invasive investigations before being dismissed from their position. In some cases veterans were sent to prison. Stephen Close was an 18-year-old stationed in Berlin in the 1980s when he was convicted of ‘gross indecency’ for being seen kissing a man. He was imprisoned and was a registered sex offender for over 30 years, before being pardoned in 2013. However, this has heavily impacted his career ambitions, he has lost his pension rights and has found life a constant struggle, including stress and anxiety from being stigmatised and being unable to hold down a long-term job. Many other LGBT veterans have also lost pension rights through being dismissed from the armed forces for their sexual orientation.
Defence Secretary John Healey formally apologised in the House of Commons this week, stating “on behalf of the Government, I want to apologise without reservation for the pain and the injustice caused during this dark chapter of our armed forces history”. He also claimed that the ‘gay ban’ was a “moral stain on our nation”.
Insufficient compensation for the ‘gay ban’
While LGBT veterans affected by the ban can start to claim for compensation in the New Year, and will have history re-written by having ranks restored and reasons for discharge amended, some critics suggest this doesn’t suitably compensate the victims for the lifetime of irreversible loss many of them have suffered. The standard individual compensation award has been set at £50,000, while some veterans can claim up to £70,000 if they can prove they have been negatively impacted. An independent panel will decide the ultimate award in each case.
Diane Askwith – a partner within Ison Harrison with specialist expertise in military claims – commented: “Given the losses some of these LGBT veterans have suffered, these awards are not sufficient and disproportionate. In many cases these claimants have suffered from years of torment simply for being themselves, they have also lost their careers and pension benefits. This award of up to £70,000 isn’t enough.”
