(7 months, 2 weeks ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
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This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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I beg to move, That the Bill be now read a Second time.
It is a rare privilege to open this debate. This is only the second ever Labour Armed Forces Bill, yet the provenance of this legislation reaches all the way back to the Bill of Rights, and more than three centuries on, granting authority to maintain our armed forces remains one of the most important—if not the most important—formal constitutional responsibilities of Members of this House.
This is a substantial Bill—a reflection of just how much the world has changed over the past five years. It is more dangerous and much less certain, and this new era of threat demands a new era for defence. That is why our Government have committed an extra £5 billion to defence spending this year and committed to the largest sustained increase in defence spending since the end of the cold war, switching funding directly from overseas aid. It is why we are proposing, through this Bill, to increase our warfighting readiness and homeland security, and why we are putting the men and women in our armed forces at the heart of defence plans.
In the coming years, we will ask more of our service personnel, and it is only right that they expect more of their Government. The Bill takes significant steps to improve service life and strengthen the bond between society and our forces. At the general election, we pledged to renew the nation’s contract with those who serve, and I am proud to say that we are delivering on that promise: the largest pay increase for our armed forces in more than two decades, expanded wraparound childcare support, an independent Armed Forces Commissioner and a funded plan for a safe, decent home for every forces family. Through this legislation, we continue the work of renewing that commitment, with better housing, better services and better protections for those who serve.
Does the Secretary of State agree that we have a good turnout in the House tonight to debate the Armed Forces Bill, which affects the quality of life and the service of the brave people who keep us safe? Yet again when we debate this vital subject, not a single Reform Member of Parliament is in the Chamber. Is it not wrong that these people wrap themselves in the flag, but never come along to defend the people who actually protect that flag?
There is a general support for the right hon. Gentleman’s comments on both sides of the House. This Armed Forces Bill, as I will go on to say, commands all-party support, and it is a shame that we have not got all parties in this House to demonstrate that.
The bond between the British people and those sworn to defend them is a proud part of our nation’s security. The purpose of the armed forces covenant is to strengthen that bond. The policy and principles underpinning the covenant were first set out in a Command Paper in 2008 under the last Labour Government, and to this day—this relates to the right hon. Gentleman’s point—the covenant maintains strong cross-party support across this House and across the UK.
I, too, welcome the armed forces covenant and the legal duty that it will place on devolved nations. Of course, while Wales has 5% of the population, we contribute 7% to Army strength. Could the Secretary of State tell me, therefore, whether any extra new money will be coming to Wales to support the covenant, particularly in the NHS, which is of course so beneficial to veterans?
I welcome the leader of Plaid in this House welcoming the Bill and her support for the forces. She is right that the record of the Welsh nation in supporting our armed forces and recruiting some of the best of our armed forces is long and proud. She also knows that the Barnett formula has already delivered a record increase in NHS spending in Wales, and I will go on to speak about the role of the devolved nations in the implementation of the covenant.
Jim Allister (North Antrim) (TUV)
Just on devolved issues, will the Secretary of State explain why the armed forces covenant is being extended to local authorities everywhere except Northern Ireland? Why are the councils in Northern Ireland not also included in the Bill? Why are they excluded?
Just as the Armed Forces Act 2001 required a degree of discussion, agreement and devolution to the devolved Governments, including in Northern Ireland, so too will this Bill. Our officials are in deep discussion with Northern Ireland Office officials. The Minister for the Armed Forces has written to Ministers in the devolved Administrations, and I am confident that, following the passage of the Bill, we will have arrangements in place allowing the proud armed forces covenant to be fully implemented in legislation at every level of government: the UK national Government, devolved Governments and local authorities across the UK.
Further to the previous intervention, the covenant is predicated on veterans not being disadvantaged by their service, as the Secretary of State will know. However, Northern Ireland veterans will be subject to records that do not apply to civilian terrorists. Will he confirm that there will be no disadvantage to Northern Ireland veterans, and that the covenant will apply to them as originally intended?
The right hon. Gentleman knows that he is speaking about the legislative provisions of a different Bill that is before the House. We will deal with that and strengthen protections for veterans. Successive Governments have failed because it has been too difficult, but, with my right hon. Friend the Secretary of State for Northern Ireland leading the way, we will finally have a settlement that allows the full implementation of the Good Friday agreement.
Chris Vince (Harlow) (Lab/Co-op)
The Secretary of State will know that one job I did before coming to this place was to work at a homelessness charity. It was particularly difficult to see homeless veterans coming to me in need of support. In my constituency, we have nearly 2,000 veterans. Will he outline what additional support the Government will give to home our veterans, and how we will support them with mental health issues, particularly post-traumatic stress disorder?
My hon. Friend is right. The short answer is that there is record funding to support the mental health and wellbeing of veterans; there are record levels of support for veterans’ groups, with a new wave of Valour centres shortly to be announced by the Minister for Veterans and People; and there is, of course, a commitment to ensure that no veteran loses out on their right to social housing because of the local connection test, which was in place until this Government removed it after the election.
May I take the Secretary of State back to the earlier exchange about Northern Ireland veterans? I have some good news and some bad news for him. The good news is that I strongly suspect that, at the end of all the raked-up trials held against Northern Ireland veterans, none will be convicted. The bad news is that that is not the purpose of doing all this; the purpose is to put them through a nightmarish ordeal that allows republican terrorists to rewrite history. He should not be quite so satisfied with the state of the Government’s legislation regarding Northern Ireland veterans. It is a disgrace, and it is tearing up something that was working and that could have worked, according to four professors of law who gave testimony to a previous Defence Committee.
I know about the right hon. Gentleman’s good news and bad news. We will return to that discussion when we return to Committee stage of the Northern Ireland Troubles Bill. When we do so, we will have in place strengthened protections for veterans, and that will be a result of the detailed discussions that my right hon. Friend the Secretary of State for Northern Ireland, my hon. Friend the Minister for the Armed Forces, military leaders, the Prime Minister and I have had in recent weeks with representatives of the forces and special forces, and with former military chiefs, who have a point of view on this—
The Secretary of State mentions such a wide spread, but when we debated the remedial order last Wednesday, over 100 Labour MPs abstained, including the Prime Minister, the Defence Secretary, the Armed Forces Minister and two thirds of the Cabinet. If it is such a good idea, why did the Secretary of State not come here and vote for it?
Quite honestly, I was unable to be in the House at the time. That is an important piece of legislation because it paves the way for the Northern Ireland Troubles Bill. It removes the immunity that the right hon. Gentleman’s Government tried to put in place for terrorists. They removed the right of 200 families whose loved ones were killed by terrorists in the troubles to get the same access to truth, information and a degree of justice. Now, if the House will permit me, I will return to the Armed Forces Bill, which is the legislation before us this afternoon.
I congratulate my right hon. Friend on doing so much to bring housing back under control and to upgrade it, as well as on the roll-out of Valour centres—the Links charity in Llanelli has put in an excellent application. I also welcome the fact that the Bill will strengthen the armed forces covenant by ensuring that it covers all public services. There is good will across the country, in devolved Governments and in councils, but how will we ensure that, right across all public services, including those that are devolved in Wales, the covenant actually delivers for veterans? We want them to have the very best of services in all circumstances.
My hon. Friend is entirely right. We will do that in two ways. First, we are already doing it in discussions with other Departments and with the devolved Administrations, as well as by working with councils where we can. Secondly, we will do it by issuing guidance and sharing best practice, and we will encourage the development of the rest to meet the very best, so that we reduce the degree of postcode lottery and patchwork support for veterans across the UK.
I will give way first to my hon. Friend and then to the hon. Member for South Antrim (Robin Swann), and then I will move on.
My right hon. Friend is making an extremely good speech. He will recognise that one way in which we have the backs of current military personnel, as well as of veterans, is by offering, through the Joining Forces partnership, access to a credit union for military personnel. Will he assure me that nothing in the Bill will prevent the further promotion of the benefits of credit union membership to even more military personnel, and will he or a Minister meet me to explore how we might promote the Joining Forces partnership even further?
I pay tribute to my hon. Friend, who has been a ceaseless campaigner for co-operative and credit union provision throughout his career in this House. I will certainly ensure that he meets the Minister for the Armed Forces, who is in charge of the Bill. If my hon. Friend permits me, I will take this as an early indication of his interest in serving on the Bill Committee, where he could press his arguments on the value of credit unions to members of the armed forces and veterans.
Robin Swann
The Secretary of State talks about a patchwork quilt and a postcode lottery. Operation Restore supports military veterans with their physical and mental health, but Northern Ireland-resident veterans do not have the same access in devolved institutions—the likes of the Robert Jones and Agnes Hunt orthopaedic hospital. Will the legislation enable Northern Ireland-resident veterans to access the services that are accessible to English veterans?
As the hon. Gentleman knows, a large number of the services on which our forces veterans depend come under the jurisdiction of the Northern Ireland Assembly, the Northern Ireland Government and the councils in that area. They have a strong and doughty champion in the Northern Ireland Veterans Commissioner, with whom the hon. Gentleman works closely. I encourage him to make his arguments not just in the House, but back in Northern Ireland with exactly the bodies that have responsibility for the provision of services that matter so much to veterans.
To come back to the question of cross-party support, not just in the House but across the UK, 14,000 companies and other organisations are signatories to the covenant, and almost every council in every part of the UK has an armed forces champion to promote the interests and the adoption of the covenant. In opposition, we supported the previous Government when they brought the covenant partly into law through the 2001 Act. With this Bill, we complete the job. We are extending the armed forces covenant across central Government, devolved Governments and at local level, fulfilling a promise that we made in our manifesto. It means that social care, employment support and other public services will be legally required to consider the unique circumstances faced by forces personnel and their families and by veterans.
The Government have ensured that NHS England now operates a single point of contact via integrated care boards. The service pupil premium supports 76,000 pupils, and the local connection test has been removed so that no veteran can be disqualified from social housing in their local area because they have been living elsewhere in the armed forces. But we know that the covenant can do more, and with this Bill it will do more.
Alison Bennett (Mid Sussex) (LD)
I am pleased to hear the Secretary of State’s comments about social care, but an awful lot of care in this country is provided by family carers, who can often be serving personnel or the children of serving personnel. Does he consider that the Bill as currently drafted does everything possible to support unpaid carers who face a greater postcode lottery as they move round the country as a result of their service?
The Bill should ensure that if forces families are in such a situation as unpaid carers there is no penalty or disqualification for having an armed forces connection and experience. When they are looking for support from local services, those services will in future have to take into account the unique experience and circumstances that those families and individuals face.
The Secretary of State refers to the local connection test. Will he acknowledge that the removal of that test was initiated by the previous Government? That is not the impression he gave in his initial remarks, although it is certainly the case. Secondly, is it his intention to allocate service housing going forward on the basis primarily of rank or primarily on need?
On the local connection test, as with a lot of things, the previous Government talked a lot but we have got on and done a lot of those things, and the Bill takes that intent and determination several steps further.
Let me move on to housing, because behind many of the men and women who serve our country are husbands, wives, partners and children, who support them in their service, and who bear the weight of their absence during deployments. For those families, the nation has a moral duty to provide safe and decent housing. As recent Governments failed, satisfaction with military family homes fell in 2023 to its lowest level on record. I, and many other Members of the House have seen why: damp, mould, broken boilers, ill-fitting doors and windows, even a hole in the wall of a children’s bedroom. None of us would tolerate our families living in such conditions, and neither should those in our armed forces. It is a betrayal of service, and the crisis in defence housing tracks back directly to perhaps one of the worst ever privatisation deals.
Under the terms of the Annington sale in 1996, the taxpayer picked up all costs for maintenance, repairs and rent, but all the benefits of development opportunities or increases in property value were surrendered to a private equity fund. When I was appointed Defence Secretary 18 months ago, that deal was costing the taxpayer over £600,000 a day. Just six months after the election, our Government reversed that, bringing more than 36,000 military family homes back into public ownership so that we can now plan and invest in the future. Twelve months after the election, we delivered our consumer charter, guaranteeing what should never have been in question: higher move-in standards, quicker repairs, a named housing officer for every family, and renovations of the very worst homes, 1,000 of which were completed ahead of schedule before Christmas. Our charter also tore up rules that should never have been written, so that forces families now have freedom to decorate their own homes, and keep pets without seeking permission.
In November we published our defence housing strategy, and our plan for the wholesale renewal of service family estate, backed by a landmark 10-year investment programme, totalling over £9 billion. All told, nine in 10 of all forces family homes will be upgraded, renewed or rebuilt. Less than three months after the defence housing strategy was published, the Bill delivers a central recommendation of that strategy: the creation of a specialist arm’s length organisation, the Defence Housing Service. With the plan, the investment and now the Defence Housing Service, we will end the scandal of service families living in substandard housing, and we will deliver the homes the country needs. When Labour said at the election that we would stand on the side of our armed forces, this is what we meant.
All those who serve our country rightly expect to be able to do so with the fullest respect, and they must certainly be able to do so free from any fear or abuse. Last year we commissioned and published the UK’s first military-wide survey into sexual harassment. We did that to provide for the first time a no-holds-barred baseline to confront the problem fully. The results were sobering, concluding that two thirds of our servicewomen and one third of our servicemen experience some form of sexualised behaviour. Let me be clear: such behaviour has no place in our armed forces, just as it has no place in any workplace—not now, not ever.
The previous Government took steps to improve victim and witness care. We can see some of the benefits of those steps, but it is also clear that more must be done. We have established a new, single tri-service complaints team to take the most serious complaints out of the single-service chain of command for the first time. We have launched a pioneering new prevention programme in Catterick and Plymouth, working directly with young recruits on our bases, to prevent unacceptable behaviours. Through the Bill we go further to strengthen protections for our service personnel, and ensure that perpetrators have nowhere to hide.
Together, provisions in the Bill will make available in the service justice system a comprehensive range of protection orders, including for sexual harm, domestic abuse and stalking. It will strengthen supervision of offenders on release from prison, and ensure that service restraining orders are enforceable in the criminal justice system once a defendant has left the armed forces. It will place a duty on the Secretary of State to issue a code of practice, setting out the services that victims can expect to receive in the service justice system, and it will allow victims to choose whether they wish to have their case heard in a civil or military court, although the formal decision will be taken by the prosecutor.
I am greatly encouraged—I think we all are—by what the Secretary of State has said about victims. I am conscious that sometimes we have young people—perhaps aged 16, 17 or 18—joining the forces and finding themselves under pressure, away from home and from their parents, and they might be vulnerable to start with. It is important that a structure is in place where they can make a complaint, and that that complaint will be heard, not lost somewhere in the system of those above them, whether they are officers, sergeants or corporals. Is looking after those vulnerable people who need help at the beginning, and access to people who understand their circumstances, part of this process?
Like the hon. Gentleman I am deeply proud that our armed forces will take 16-year-olds and give them skills and discipline, and change the course of their career and future life. If they suffer any of the abuse and harassment that I am talking about, the tri-service complaints team will take that out of the single chain of command. Cross-party support has allowed us to legislate as a House for an independent Armed Forces Commissioner, who has the power to deal with complaints and to launch inquiries if they pick up a pattern of problems, so safeguards and protections are in place. I hope that will give more confidence to young people who are looking at a future career in the armed forces, as well as to their families, who want to see them launched well in their lives.
Make no mistake: these are substantial reforms, reflecting both the seriousness of the problem and our resolve to root it out. These measures are a result of the Ministry of Defence being part of a cross-Government violence against women and girls strategy for the first time ever, and Ministers and chiefs being united and determined for the first time to play a part in this Government’s central mission to halve violence against women and girls in a decade.
Helen Maguire (Epsom and Ewell) (LD)
On that point, will the Secretary of State give way?
Helen Maguire
I commend the progress made in the Bill on violence against women and girls. Is the Secretary of State aware that there may be a gap in relation to Royal Navy ships? Commanding officers can administer justice for disciplinary offences and some criminal conduct offences through the summary hearing process, where they investigate the allegation and determine whether the accused is guilty. They are potentially carrying out very serious investigations, which could be into things like serious sexual assaults, in the absence of a warrant card holder. Will the Secretary of State confirm whether that issue is being addressed? Will he explore the possibility of having investigation-trained military police on those ships, which are often at sea for more than six months?
The hon. Lady has made a detailed point very clearly—perhaps it is another bid to be a member of the Bill Committee. It is exactly the sort of issue that should be examined in detail at that point in the passage of the Bill.
Madam Deputy Speaker, I am sure that you would be the first to endorse the fact that the first duty of any Government is to keep their citizens safe. In our age, drones are rapidly changing the nature of war and homeland defence. It is essential that we have the power and authority to protect defence sites from any current or future threats. In October, I promised to introduce new legal powers to bring down unidentified drones over UK military bases. The Bill will create a regime that will allow defence personnel to better detect, deter and defeat drones that pose a threat to defence property and activities.
Ben Obese-Jecty (Huntingdon) (Con)
On that point, will the Secretary of State give way?
I will not. I am conscious of the number of hon. Members who want to speak, and I am sure that the hon. Gentleman will want to make a contribution.
The reforms are designed to be both flexible and future-proof, allowing defence to adapt to the ever changing and increasing threats. If the strategic defence review were boiled down to one core objective, it would be to raise the level of warfighting readiness in order to strengthen our deterrence.
Crucial to achieving a sustainable, efficient and rapid potential transition to war will be our reserve forces. In 2024, more than one in five troops training Ukrainian forces on Operation Interflex—the British-led multinational military operation supporting the Ukraine armed forces—were reservists. They are an integral part of the operation and, very often, of the deployment and exercising of our forces. The Bill will make it easier to mobilise personnel earlier, ahead of the outbreak of war. It will align the time for which recall applies across all three services to 18 years, and it will increase the maximum age at which reservists can be recalled, from 55 to 65.
At the moment, we have cyber-operators, trainers, medics and translators who are being shown the door to the military only because of an arbitrary age limit. They are men and women who will continue their profession in civilian life for many years after they are forced out of the military. That makes no sense for the reservists or for our nation’s security, so through the Bill we must act to build a major boost to our readiness to fight during this era of increasing threat.
I will end by recalling our manifesto at the election, which said:
“At the heart of our security are the men and women who serve and risk their lives for this country.”
The Bill gives legislative force to that Labour principle, with better housing, better services and better protections to those who serve. We pledged to renew the nation’s contract with those who serve. Through this Bill, we are delivering exactly that, backing those who sacrifice so much, making Britain safer, delivering for defence and delivering for Britain. I commend the Bill to the House.
I am very grateful to the hon. Gentleman for promoting me in posterity. All I can say is that when I came to the job, I was not impressed with the state of armed forces accommodation. Let us not pretend that it suddenly took that shape; in the 13 years when Labour was previously in power, it made no attempt to buy back the defence estate. I return to the point that that is why we did the deal in the first place. We all agree that those who serve our country must never be given substandard homes. The Annington deal has enabled the prospect of what could be the most exciting estate regeneration project for generations. This is the chance to deliver homes for heroes.
We had to buy the estate back, and I enabled that. That being said, delivering such an opportunity requires leadership. The reason why my first policy announcement as shadow Defence Secretary in June last year was the creation of an armed forces housing association, which created a body that could do just that—both manage the estate and deliver a comprehensive rebuild, as the best housing associations have been able to do over the years.
From a sedentary position, the Secretary of State says, “Giving it away.” It is very odd when a member of the Labour party thinks that setting up a co-operative is somehow a privatisation.
The body that the Government will create in this Bill to deliver that transformation is the Defence Housing Service. Although we welcome its ambition to improve the supply and quality of defence housing, inevitably we will want to see that its structure means that it is able to deliver as many of the outcomes that we wanted from our own policy as possible.
Specifically, one of the reasons why my right hon. Friend the Member for Rayleigh and Wickford first proposed an armed forces housing association in 2020 was to give armed forces families proper representations on its board. Will the Defence Housing Service ensure a similar, meaningful voice for service families? Given that a priority for our housing association model was to extend home ownership throughout the ranks, not least because housing associations have access to a wider suite of home ownership products, what role will the Defence Housing Service play in delivering greater home ownership among service families?
The Minister for the Armed Forces (Al Carns)
It is a true honour to close the debate. I thank hon. Members across the House who have spoken well in support of our brave servicemen and women, upholding Parliament’s proud cross-party tradition of expressing our profound gratitude to those serving in the UK’s armed forces. It is not lost on me who is not here today.
I appreciate that some in this Chamber have raised questions about the measures in the Bill or about defence in general, so let me address some of the questions. The hon. Members for South Suffolk (James Cartlidge) and for Taunton and Wellington (Gideon Amos) and the right hon. Member for Rayleigh and Wickford (Mr Francois) rightly mentioned our service in Afghanistan, as did many others in the House. It is not lost on me that when 9/11 took place, it is the only time when article 5 has been called. The US relied on us collectively not just for a military response, but for an inter-agency response to build the functions and capability to deal with terrorism, which is so successfully dealt with today. It is also not lost on me that per capita, the Georgians, the Danish and the Estonians lost a significant amount of souls in that conflict. I often say that those who do not read history are doomed to repeat it, and I think we saw an example of that.
The hon. Member for Mid Dorset and North Poole (Vikki Slade) highlighted issues with the covenant, but also highlighted accommodation and the move towards the next phases of any review. The single living accommodation strategy is well under way. On that note, I pay tribute to Natalie Elphicke and the whole team, who put an in amazing effort on the defence housing strategy, which has resulted in some of the findings, in particular the creation of the Defence Housing Service, which will alleviate for the Defence Infrastructure Organisation some of the pressure of looking after housing and professionalise the service as we move forward. I also support the hon. Member in her support for Toby Gutteridge, an individual I know well and who needs our support as he continues with his standard of life.
I welcome Opposition Members’ comments on Ukraine. This is a bipartisan issue—it is an idea bigger than ourselves. We welcome and thank them for their support on Ukraine in the early days, which we took on and have continued after the change in Government.
My hon. Friends the Members for Slough (Mr Dhesi), for Portsmouth North (Amanda Martin), for Barrow and Furness (Michelle Scrogham) and for Edinburgh South West (Dr Arthur) all highlighted issues with the covenant, as did many others. The reality is that it is moving from three areas of Government all the way to 14. It will be significant, but it will take time to put it in place. We have to accept that at the moment, the execution of the covenant results in a postcode lottery across the United Kingdom, but there is a requirement of adherence to the legal duty. There will be a communication and education plan to ensure that everyone knows the standards we need to live by. There will be statutory guidance, training and briefings. Indeed, some of the other projects like Operation Valour that we are rolling out will help us police the delivery of the covenant across those councils.
I have been a long-standing fan of the reserves, and I have to admit that I have a conflict of interest: I am a reservist. The Army, Navy and Air Force always respond to crisis, but the reality is that economies, industries and societies win conflicts. We can all learn the lesson from Ukraine that reservists often fill the ranks more the longer a conflict goes on. I will come later to comments about how reservists are being funded and how we will improve that process to ensure that the nation is ready should a crisis befall us.
I turn to the fitness application. I have met individuals who have destroyed a hundred tanks and individuals who have killed hundreds of Russians who could not pass a fitness test in their life. The reality is the changing character of conflict requires different skills. That is why things like cyber direct entry and different skills are just as applicable as being able to run or do pull-ups and push-ups. We have already got rid of 100 outdated medical requirements on the medical test. There is a long way to go on that, and I would like to see us open it up as we move forward, and we will see some of that in the Bill as it progresses.
I welcome the support from the hon. Member for Lewes (James MacCleary) on housing. The scrutiny and governance of that will absolutely be controlled by our Secretary of State. Within the covenant, the ability for us to produce an annual report to ensure that we are reporting to Government on the standards of adherence to the covenant and legal duty will be pushed every year. He mentioned a cultural change in the service justice system, which is far broader than what is in the Bill and is required. It is worth noting that Raising our Standards, the violence against women and girls taskforce, the zero tolerance policy and our tri-service complaints process are just some of the things that we are progressing outside legislation. The Bill goes further within legislation. Individually and collectively, the measures will be significant.
The right hon. and gallant Member for Tonbridge (Tom Tugendhat) mentioned several speeches in Davos. There are two quotes that I think it worth repeating here:
“A world of fortresses will be poorer, more fragile and less sustainable”,
and we must not
monetise…relationships. Allies will diversify to hedge against uncertainty.”
Those two quotes from Davos are worth remembering. We have an idea far bigger than the dollar sign, the euro or the pound, which is a moral obligation towards decency, transparency, the right to self-determination and, of course, democracy.
I thank my hon. Friend the Member for Ipswich (Jack Abbott) for his tribute to the armed forces and in particular for mentioning Combat2Coffee and its indomitable member Terry Butcher, who pushes so hard to support the armed forces. More importantly, I would like the Combat2Coffee shop in the Ministry of Defence to be replicated in all Government Departments—perhaps we can take that on as a separate little task.
I thank the hon. Member for North Devon (Ian Roome) for his support for the Defence Housing Service. The House will be delighted to know that family satisfaction with defence housing has gone up to the highest level since 2021. There is a long way to go, but we are heading in the right direction. Similarly, recruitment is up 13%, and outflow is down 8%.
I thank my hon. Friend the Member for Birmingham Edgbaston (Preet Kaur Gill) for her constant support for all varieties of veterans across her constituency, and for being the MP of a constituency neighbouring mine. When people question whether we were on the frontline in Afghanistan or in any other conflict, I suggest one visit: to Birmingham’s Selly Oak hospital. The nurses, doctors and carers are second to none, and they have seen stuff that would shock us all. If there were any need for better validation of who has been on the frontline and who has not, Selly Oak hospital is the place to go.
The right hon. Member for North East Cambridgeshire (Steve Barclay) highlighted that the rhetoric is not matched by the record on reservists. I would say that, in some cases, his narrative is not matched with his experience. All the facts are useful, but unless he connects them together, he does not necessarily have the understanding. Some of his comments were absolutely on the money, but one of the biggest problems with the reserves is to do not with finances but with the complete and utter mess of bureaucracy when trying to join the reserves.
Does the Minister not accept that the number of reservists and the number of training days have both fallen on his watch, and that the sums of money to significantly increase them is modest relative to the £60 billion-plus that the MOD spends?
Al Carns
In the strategic defence review, we have committed to an increase of 20%. First, reserve spending went up in 2023-24 from £189.9 million to £202.4 million, so what the right hon. Gentleman says is factually incorrect. Secondly, on personnel statistics, in the last quarter our trained strength in the reserves has risen from 28,000 to 29,000. I think we need collectively to check our statistics.
The right hon. Gentleman will know that to stand here and tell the world about our ability to respond to article 3 would be slightly misguided. He mentioned the creation of quangos, but if he had read the Bill fully he would recognise that the reserve forces and cadets associations are going from 13 to one so-called quangos, with an increase of one in the Defence Housing Service, which is absolutely required to deliver an effective housing service. He will also know that Op Valour means more money for veterans than ever before. Tranche 1 of the funding has now been closed, and recruitment is fully under way. If he would like to talk through why the recruitment has been paused in the past, I am more than happy to talk about that offline, but I want to ensure that the right person is in the right job, so that the programme is a success.
I thank my hon. Friend the Member for Aldershot (Alex Baker) for her passionate and unrelenting support, which is not lost on me—it is second to none and super impressive. My hon. Friend the Member for North Durham (Luke Akehurst) has such a resounding history in the armed forces—it really is impressive. I know that supporting everyone in that constituency is a passion of his.
Will the hon. Member for Eastbourne (Josh Babarinde) please write to me about the issue with Pauline? I would like to look at it in detail, as I know would my hon. Friend the Minister for Veterans and People. My hon. Friend the Member for North Warwickshire and Bedworth (Rachel Taylor) welcomed the support for Op Valour. Her support for the Bill as it progresses is useful, and she always champions our armed forces constituents.
The hon. Member for Strangford (Jim Shannon) was, as always, articulate and to the point. I have spoken to Ministers in Northern Ireland and to the armed forces Veterans’ Commissioner, and while the covenant is applicable to the whole United Kingdom, we must consider how it is executed within the devolved Administrations. I am willing to work with the hon. Gentleman and a collective group of Northern Ireland MPs to ensure that we implement it as best as we possibly can, while accepting that there are nuances with security and how it needs to be implemented as a whole.
I thank the Minister—that is a superb response. The hon. and learned Member for North Antrim (Jim Allister), my right hon. Friend the Member for Belfast East (Gavin Robinson), David Johnstone, and the hon. Member for South Antrim (Robin Swann) are the people with whom, if possible, we would have that meeting, and constructively work together to do better for our veterans in Northern Ireland.
Al Carns
The hon. Member has my word that I will continue to engage with him and move that forward.
I say to my hon. Friend the Member for Truro and Falmouth (Jayne Kirkham) that there is no Navy without the Royal Fleet Auxiliary—it is as simple as that—so well done for pushing that ten-minute rule Bill and including in it delivering support to the RFA that is truly needed. I thank my hon. Friend the Member for Morecambe and Lunesdale (Lizzi Collinge) for her support for the armed forces. It is consistent and super powerful, and I appreciate it. I thank my hon. Friend the Member for Hartlepool (Mr Brash) for his kind words and, importantly, his impressive support for veterans and the roll-out of Op Valour.
My hon. Friend the Member for Leyton and Wanstead (Mr Bailey) has continually supported the covenant and the armed forces as a whole, and the impact on immigration is something we need to look forward to as the covenant rolls out more broadly. I agree that the removal of the C-130 was a bad thing. The continual support of my hon. Friend the Member for Bracknell (Peter Swallow) for the cadet forces and the armed forces community is second to none and really impressive.
I thank my hon. Friend the Member for Uxbridge and South Ruislip (Danny Beales) for his support for the armed forces community and, in particular, for housing, which has been impressive throughout. Indeed, we saw the first few houses in the roll-out of 1,000 houses getting renewed—the Secretary of State and I were there to see the good, the bad and the ugly, and it was great to see that we had landed on the good with so many houses for armed forces personnel in his constituency. Finally, the support of my hon. Friend the Member for Colchester (Pam Cox) for parachute battalion 16 Air Assault Brigade, and in representing serving families and veterans, is second to none.
From my perspective, it is quite simple: the Armed Forces Bill is moving forward in four key areas. First, for defence housing, we are creating the Defence Housing Service, moving it away from the Defence Infrastructure Organisation, increasing capacity and upskilling professionalism as we look at defence housing as a whole. For the reserves, it is about extending service from 55 to 65 for those individuals in specific roles who can still add value to the military up to that age. It is also about making the transfer more seamless, and standardising the recall from six years to 18 years consistently across the Army, Navy and Air Force.
The Bill is about better support, with the covenant moving from three to 14 Departments and policy areas. It is about us renewing the contract with those who serve. Finally, the Bill is about better protections. It is about sexual risk orders, domestic abuse protections and orders, and stalking protection orders. Indeed, it boils down to the ability of victims to have choice. Since the Lyons review in 2018-19, we have changed defence significantly when it comes to how we look at serious crime. We created the serious crime unit under the previous Government, and it has gone from a fledgling organisation to one with a fully upskilled and up-gunned ability to deal with the most serious crimes. It is deeply impressive, so if anybody has any concerns about how we are dealing with the most serious issues across defence, they should please come and see me, the Secretary of State or the Minister for Veterans and People, and organise a visit. We will happily deliver that to ensure that hon. Members can go and visit it.
In summary, this Bill garners support from Members from all parts of the House. There are some issues that we will debate repeatedly over the next several months, but I think that we will get to a really good place that supports our serving armed forces across the Navy, the Army and the Air Force, our reservists, our service families, our veterans and our whole armed forces community, including all the charities that support them as well.
Question put and agreed to.
Bill accordingly read a Second time.
Armed Forces Bill: Programme
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Armed Forces Bill:
Select Committee
(1) The Bill shall be committed to a Select Committee.
(2) The Select Committee shall report the Bill to the House on or before 30 April 2026.
Committee of the whole House, Consideration and Third reading
(3) On report from the Select Committee, the Bill shall be re-committed to a Committee of the whole House.
(4) Proceedings in Committee of the whole House on recommittal, any proceedings on Consideration and proceedings on Third Reading shall be taken in accordance with the following provisions of this Order.
(5) Proceedings in Committee of the whole House and any proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings in Committee of the whole House are commenced.
(6) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
Programming committee
(7) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.
Other proceedings
(8) Any other proceedings on the Bill may be programmed.—(Stephen Morgan.)
Question agreed to.
Armed Forces Bill: Money
King’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Armed Forces Bill, it is expedient to authorise the payment out of money provided by Parliament of:
(a) any expenditure incurred under or by virtue of the Act by a Minister of the Crown or the Defence Council, and
(b) any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.—(Stephen Morgan.)
Question agreed to.
(5 months, 3 weeks ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
Before we start, I need to make a number of announcements. Will everyone ensure that their electronic devices are turned off or in silent mode?
We now begin line-by-line consideration of the Bill. The selection list for today’s sittings is available in the room and on the parliamentary website. It shows how clauses, schedules and selected amendments have been grouped together for debate. I remind the Committee that a Member who has put their name to the lead amendment in a group is called first or, in the case of a stand part debate, the Minister will be called to speak first. Other Members are then free to indicate that they wish to speak in the debate by bobbing. Hansard colleagues would be grateful if Members could email their speaking notes to [email protected] or, alternatively, pass their notes to the Hansard colleague in the room.
At the end of the debate on a group of amendments, new clauses and schedules, I shall call the Member who moved the amendment or new clause to speak again. Before they sit down, they will need to indicate whether they wish to withdraw the amendment or to seek a decision. If any Member wishes to press to a vote any other amendment—that includes grouped new clauses and schedules—in a group, they need to let me know. The order of decision follows the order in which amendments appear in the amendment paper. I hope that is helpful.
Clause 1
Duration of Armed Forces Act 2006
Question proposed, That the clause stand part of the Bill.
The Minister for the Armed Forces (Al Carns)
It is a pleasure to serve under your chairmanship, Mr Efford. This clause is an essential part of each and every Armed Forces Bill, as it provides for the Armed Forces Act 2006 to be renewed for a further five-year period. Without it, the 2006 Act would expire on 14 December 2026.
For constitutional and legal reasons, an Armed Forces Act is required every five years. That requirement for Parliament’s agreement for continuation has its origin in the Bill of Rights of 1689, which provides that the raising of a standing army is against the law unless Parliament consents to it. Primary legislation, an Armed Forces Act, is therefore required every five years, this one to renew the 2006 Act to provide for the armed forces to be recruited and maintained as disciplined bodies. The most recent Armed Forces Act was the 2021 Act, which provided for annual continuation in force of the 2006 Act by an Order in Council, but not beyond the end of 2026. That means that this Armed Forces Bill must receive Royal Assent before 14 December 2026.
Clause 1 replaces section 382 of the 2006 Act with a proposed new section 382 that provides for the 2006 Act to be continued until the end of 2031. It provides specifically for the 2006 Act to expire one year after the Royal Assent of this Bill, but it also provides for it then to be continued annually—rather than expiring—by an Order in Council up to, but not beyond, the end of 2031. As a consequence of clause 1, section 1 of the Armed Forces Act 2021, which inserted existing section 382 and the expiry date of 2026 into the 2006 Act, is repealed.
By way of some brief introductory remarks, Mr Offord—
Mike Martin (Tunbridge Wells) (LD)
In the same vein, we see the Bill as part of our constitutional duty, and one that will help us to deliver the best for our service personnel—an aim that we all share. I echo the shadow Minister’s thanks to the Clerks and you, Mr Efford. I, too, look forward to working collegially across the Committee to ensure that we get the best Bill possible.
Al Carns
I will triple down on what was said and say thank you very much to an amazing team, first, for putting together great evidence sessions and, secondly, for approaching this in a positive and pragmatic way. I also thank the Opposition parties for also being pragmatic in the way we move this forward in the best keeping of our armed forces.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2
Armed forces covenant
David Reed (Exmouth and Exeter East) (Con)
I beg to move amendment 8, in clause 2, page 3, line 19, at end insert—
“‘due regard’ means that specified bodies should think about and place an appropriate amount of weight on the principles of the Armed Forces Covenant when they consider all the key factors relevant to how they carry out their functions.”
This amendment defines due regard for the purposes of interpreting section 2 of the Armed Forces Bill.
Sarah Bool (South Northamptonshire) (Con)
It is a pleasure to serve under your chairmanship, Mr Efford.
I want to add further weight to the points that colleagues have already made. Service personnel themselves have said that the armed forces covenant, while incredibly well meaning, needs to be enacted and enforced properly. It also needs to be explained to the forces themselves what it means and what is on offer to them. With the duty’s extension going as far as it does, we must be absolutely clear what it means in practice, in order to ensure its enforcement. I speak as a lawyer, too, and the enforcement issue is always the biggest problem with any legislation that comes out of this place.
From the evidence sessions we know that the statutory guidance will be doing a lot of the heavy lifting, but we do not know what it will look like or what form it will take—that is not in front of us—so it is important that we discuss and consider the definition of due regard. Including a definition would bring more clarity to the Bill, as my right hon. and gallant Friend the Member for Rayleigh and Wickford said. During the evidence sessions, many Members questioned what due regard means, so it is really important that we ensure that our local bodies know, via a definition on the face of the Bill, what we are hoping and aiming for them to achieve.
Al Carns
I thank the right hon. Member for Rayleigh and Wickford and the hon. Members for Exmouth and Exeter East, for Solihull West and Shirley, and for South Northamptonshire, for amendment 8, which seeks to define “due regard” in the Bill. I recognise their intent, their positivity and their commitment to the covenant, but I cannot accept the amendment.
The amendment is unnecessary because due regard is a long-established legal concept that public bodies already understand and routinely apply in practice. The existing covenant duty of due regard is already driving positive change in its current areas of housing, healthcare and education.
Dr Shastri-Hurst
Does the Minister not accept that there is inconsistent application of the covenant across public bodies, and that to try to fix that, which all of us on the Committee are seeking to do, there is strength in codifying it in the Bill?
Al Carns
I absolutely agree, and I am one of the biggest champions for shouting about the postcode lottery in the delivery of the covenant. Putting that in the Bill would not change it. It requires education, communication and, in a lot of ways, internal support within local authorities to deliver it. The hon. Member for Exmouth and Exeter East mentioned the lack of skills at local council level—that is the problem. It is not necessary to amend the Bill; the statutory guidance will be absolutely clear and concise on what the covenant means.
Dr Shastri-Hurst
I am grateful to the Minister for indulging me. I do not disagree that, to a greater or lesser extent, this is a matter of education, but there is the issue of guidance being guidance and not being mandatory. If a definition were included in the Bill, it would provide a much stricter framework—alongside the education piece for local authorities—to ensure that we are getting this right. Does he agree?
Al Carns
I agree with the premise of the hon. Member’s point. Where I disagree is in how local authorities may view that and how it may restrict their ability to deliver services across other requirements, in line with local priorities. In my letter to the Committee, I wrote:
“When developing the Armed Forces Covenant Legal Duty, due regard was deliberately chosen to bring about lasting positive change…whilst at the same time retaining some flexibility for public bodies to make decisions that are right for their local context and circumstances.”
That is really important, because some of our constituencies will have different levels of need compared with others. Some may have large veteran populations; others may not. Some may have a large number of cancer patients, for example. Prioritising veterans in a very narrow, bounded line above those individuals may skew a whole list of requirements and needs across other public services, hence my point about communication and education, and then the yearly accountability in line with the covenant, which is critical to ensure a level of accountability.
Government Departments are also demonstrating how covenant considerations are driving change in practice. For example, this Government have gone further than before by removing local connection requirements for access to social housing for all veterans. I would be really interested if the right hon. Member for Rayleigh and Wickford has examples of where that local connection requirement has not been removed; if he does, I ask him, please, to highlight them to my office so that we can take them on and deal with them, because we removed the requirement last year.
Our experience of the public sector equality duty also shows that a duty of due regard, when properly supported, is sufficient to drive lasting cultural and organisational change, but I do accept that this is the first step to moving in that direction. In addition, the covenant’s statutory guidance, which we can scrutinise in due course, will include a dedicated section explaining what due regard means in practice, including the key issues faced by the armed forces community that bodies must consider. I would welcome the whole House’s view on how that can be improved—if, indeed, it thinks it should be.
I do not think the Minister ever served in local government—he was serving his country in uniform, so I mean no slight by that comment—but I did for four years, albeit in the last century. I remember that primary legislation had more effect than guidance on councils, not least because even then we were drowning in such guidance—there is even more of it to drown in now. Would he accept that having something in primary legislation is more likely to get a councillor to do something about it than if it is included in reams of guidance, which they tend to drown in anyway on a weekly basis?
Al Carns
While I may not have served in local government, I absolutely acknowledge that we drown in bureaucracy across the UK. I would say that, compared with primary legislation, a councillor is far more likely to listen to and acknowledge an individual who has experience of armed forces service and who tries to enforce, educate and communicate the requirement to comply with the covenant.
There are two things that are going to bring about change. The first is armed forces champions across local councils, who do a fantastic job. They can be paid and there are no terms of reference; the role has not been standardised. The second thing, which will really change things over time, is the Valour programme, under which local field officers will help communicate and educate on compliance with the covenant over time, and help those councillors who perhaps do not understand it to deliver in line with it more effectively.
Ian Roome
I was a local armed forces champion. I was in local government for 22 years and ended up being council leader before entering this place. I can tell the Committee that, in practice, I was going around and screaming my head off to make sure that people were listening but, as it was not mandatory, they could just refer to due regard and make their interpretation of the guidance. I was a local armed forces champion for eight years, right up until I entered this place in July 2024, and I struggled to get veterans the help they needed. I just want the Minister to take that on board.
Al Carns
I thank the hon. Gentleman for his service, both in the military and in local government, and as an armed forces champion. The honest reality is that as the duty is broadened from three areas to 12 plus two, local councils will be held to account to deliver for the armed forces community—and not just for veterans, but for families and others. The statutory guidance will be really clear. Combine that with field officers, under Op Valour, holding councils to account, with clear terms of reference that are standardised across the UK, and I think we will see a massive improvement in services, not just for veterans but for the broader armed forces community.
I do not want to labour the point, but in reality, a lot often comes down to the calibre of the armed forces champion in a particular council; I am sure that the hon. Member for North Devon was an excellent one. If such a champion were in a debate in full council—on how to amend housing policy to advantage veterans, say—it would be far more effective for them to be able to point to a section in an Act of Parliament than to paragraph 212B(III) of some Government circular. An argument is far more effective in a council chamber if a person can wave an Act of Parliament; I have seen people do it. Does the Minister not accept that if we are trying to empower armed forces champions to deliver at ground level, having a definition in the Bill would be very helpful?
Al Carns
Empowering armed forces champions is not necessarily the solution; unfortunately, whether we like it or not, armed forces champions differ between councils. I am not an expert, as some members of the Committee are, but I have travelled to many local councils and seen where it works exceptionally well. For example, in Manchester, armed forces champions are paid and employed by the council and have clear terms of reference. Other areas do not even have armed forces champions. To deliver the most consistent change, the solution is not necessarily to empower armed forces champions but to provide a set of terms of reference for the accountable individuals in councils to uphold the covenant and support veterans, across the entire nation, in line with the Valour programme.
Mr Foster
On this Committee, we have veterans and former council leaders, and I am both. One of the main reasons for all the changes being made in the Bill is a recognition that, historically, the covenant has not been delivered appropriately by local authorities. However, does the Minister agree that there is evidence that it has significantly improved recently, and that including Op Valour will take that improvement a step further?
Al Carns
I completely agree. The reality is that the implementation of the covenant has been really narrow, across three different Departments. The Bill will broaden the number of policy areas it covers to 12 plus two, which will put an onus on councils and allow people to hold them to account on delivering in line with the armed forces covenant. That is a positive step in the right direction. When we combine that with Valour over time, starting small and broadening out, we will end up with a data-based solution that ensures that councils can support their armed forces community in a more effective and balanced manner.
A definition of due regard in the Bill risks being overly narrow and could unintentionally limit how bodies apply it in practice.
Dr Shastri-Hurst
I promise the Minister that this will be the last time I intervene.
Dr Shastri-Hurst
That was a lawyer’s promise; the Minister can read it as he wills.
Does the Minister not think that having a definition of due regard in the Bill would assist the courts in interpreting its application in cases where a public body’s decision is challenged by a member of the armed forces community?
Al Carns
When it comes to the legal process, we must ensure that there is the flexibility in local councils to adhere to the covenant in line with the broader issues and capacity that they may have to deal with. Some council areas have a huge number of veterans, and others have very few. Many councils, including mine in Birmingham, have a huge housing problem. Should we prioritise a single mum with a child, or a veteran? If we made that too explicit, we would skew how local councils view veterans and the armed forces as a whole. That is quite dangerous.
Sarah Bool
The Minister talks about the definition being narrow, but it would actually be quite broad. The amendment says that
“‘due regard’ means that specified bodies should think about and place an appropriate amount of weight on the principles of the Armed Forces Covenant when they consider all the key factors”.
That definition sets out a framework, but it is not so narrow and specified as to be problematic. On the Minister’s point, we already have problems enforcing the covenant across three areas; now we are going to 12. Even the armed forces personnel I have been speaking to have said that they have severe concerns about that. Local councils also raised that issue in the evidence sessions. While the Bill is very well intentioned, I worry that we are setting up councils to struggle, and that the postcode lottery will get even worse.
Al Carns
I disagree—the postcode lottery will get better and start to standardise over time. There is a multitude of problems with the covenant that the Bill will try to solve, one of which is education, and communication to our own armed forces personnel about what it is and what it is not. That is a problem for the Ministry of Defence, which we are taking forward.
A definition of due regard in the Bill risks being overly narrow and could unintentionally limit how bodies apply it in practice. I talked in my letter about flexibility, which is critical. Due regard is about informed decision making. It may involve training staff and putting mechanisms in place to ensure that decision making includes concise analysis of how decisions might impact members of the armed forces community.
Rachel Taylor
The Minister has been extremely generous with his time. I want to come back to this definition and whether it will help us, because what the Minister is saying is that we need to educate, inform and work with the champions in local authorities, rather than set up a system that litigates the meaning of “an appropriate amount of weight”. I fail to see how a definition that talks about an appropriate amount of weight is any more helpful for someone interpreting it than the phrase “due regard”, which, from a lot of evidence, is well understood by most of the people delivering on the armed forces covenant.
Al Carns
The public sector equality duty has been in force for 15 years and its duty of due regard is working well; we seek to replicate that as we move forward. From my perspective, the amendment risks constraining rather than strengthening that approach. As I have said many times, this is a step in the right direction. It broadens the policy areas covered by the covenant, which is a fantastic step and should be seen very positively across the armed forces, their families, our veteran community and the bereaved.
I thank the hon. Members for North Devon and for Tunbridge Wells for amendment 5, which proposes a statutory requirement for the Secretary of State to
“prepare and publish a national protocol for consistent access to public services”
for personnel and their families. While I recognise the importance of consistent and reliable access to public services for the armed forces community, again I respectfully cannot accept the amendment. A national protocol setting out standardised procedures and expectations could create a minimal level of requirement that organisations might seek to meet without going any further. It therefore risks unintentionally limiting the steps taken by those organisations to support the armed forces.
Al Carns
The minimum requirement at the moment is to stay in line with the covenant principles. That needs to be balanced with the broader local issues that each local authority is facing. That will never be standardised because our local communities are different, from Cornwall to the north-east, Scotland and Northern Ireland. This is the harsh truth of the postcode lottery: the covenant will broaden out to a variety of policy areas but the way to solve its implementation is through communication and education, rather than tying ourselves up in bureaucracy and legislation.
Ian Roome
We heard in the Defence Committee that a lot of people currently serving in the armed forces have never even heard of the armed forces covenant; they do not know what it is. We are discussing how to educate the public, but a lot of people serving have never heard of the armed forces covenant. Does the Minister think that the education needs to start within the Ministry of Defence on how it handles the armed forces covenant?
Al Carns
I completely agree. I served for 24 years, and I did not know what the covenant was until I left and became the Minister for Veterans and People. That is the honest reality. I am sure that others who are serving also do not know what the covenant is. There is an educational requirement within the military, but also—I say this ever so gently—they are so focused on their operational roles and responsibilities that they are not necessarily interested in what comes next, or in understanding the benefits of the covenant to their families and loved ones while they are serving, which is a crying shame. I completely agree that we must make a more conscious effort to ensure that the covenant is understood by those serving, those who have left, and importantly—perhaps in some cases more so than for any other group—the families of veterans or of those serving. There is a huge amount of support out there, but it is often untapped because of the lack of education.
The legal duty is set up so that bodies can make decisions that are right for the local context and circumstances, including the devolved Governments. I would argue that a one-size-fits-all approach could inadvertently hinder tailored solutions that best meet the needs of armed forces personnel and their families. Instead, the covenant duty is supported by robust statutory guidance that acts as a clear point of reference for public bodies. Therefore, further expectations are unnecessary. This guidance ensures that the needs of the armed forces community are properly considered, while allowing for local discretion and responsiveness. Furthermore, transparency and accountability are maintained through the armed forces covenant annual report, which monitors progress and highlights areas for improvement.
In summary, mandating a national protocol risks imposing unnecessary rigidity and could limit the ability of public bodies to respond effectively to local circumstances—a point that I keep coming back to. We believe the current approach strikes the right balance between consistency, flexibility and accountability. I hope that reassures hon. Members, and I ask them not to press amendments 8 and 5.
David Reed
Given the strength of the argument this morning, I would like to test the will of the Committee and press amendment 8 to a vote.
Question put, That the amendment be made.
I did not want to push my luck, but briefly, amendment 12 is similar in spirit and relates to portability and adoption. In this instance, I want to raise a specific case of two serving officers. They asked not to be identified, but perhaps the Minister will take my word that it is a genuine case; if he wants me to provide the details privately afterwards, I am happy to do so.
This married couple, both serving majors based at Shrivenham, have been looking to adopt. They are both due to be posted to PJHQ—permanent joint headquarters —in Northwood at the conclusion of their course, in under six months. They reached out to their future local authority to start the adoption process, but they were told that they could not start the process unless they had been living in that local authority area for at least a year. Also, they would have to commit to staying in the new local authority area for a minimum of two to three years after they had adopted—a potential total of more than five years. That is clearly not feasible for a military family, used to two-year posting cycles.
Our amendment 12 would therefore simply give military families the same rights as civilian families, who do not have to move wherever the nation needs them. It is very similar in essence to the point about EHCPs, but representations have been made to me by that family and others, so I undertook to draft a parallel amendment that specifically covers fostering and adoption. I hope the Committee can understand the spirit of what I am trying to achieve. With that, I rest my case.
Al Carns
I begin by addressing amendment 10. I thank the right hon. Member for Rayleigh and Wickford for his views on the Bill, and for raising the important issue of continuity of NHS secondary care for armed forces families. Although the amendment is well-intentioned, the Government cannot support it, for a relatively simple reason.
Healthcare, education, adoption and fostering arrangements are devolved matters in Scotland, Wales and Northern Ireland. The amendment risks overstepping devolved powers, and could breach the Sewel convention by imposing UK-wide operational requirements from Westminster, potentially straining relationships within the devolved Governments. It is counterintuitive.
The amendment also raises significant concerns about clinical prioritisation and patient safety. Requiring patients to retain waiting-list positions regardless of clinical urgency risks distorting NHS prioritisation principles, which are based on clinical need, ensuring fairness and safety. Similarly, transferring care without appropriate referral processes could undermine clinical governance, particularly given variations in treatment pathways and IT systems across NHS regions. For a long time, we have known that that creates a set of complexities that is difficult to navigate.
The armed forces covenant already provides a strong, flexible framework for addressing those challenges. The NHS has embedded the covenant principles into its constitution. It delivers bespoke pathways for the armed forces community, such as Op Restore and Op Courage, and it has a central armed forces commissioning team, which works to retain NHS waiting-list positions where clinically appropriate. I have met them, and they are exceptionally proficient at what they do.
In addition, existing programmes and ongoing electronic record integration already address many of the challenges associated with frequent moves and continuity of care, without the need for additional statutory requirements. A clear example of that collaborative approach is the work that is under way with the devolved Administrations. Wales and Scotland have today confirmed that following the cross-border work that has been led by the Government, they are actively considering updating their policies to better reflect cross-border arrangements and the maintenance of waiting times.
The current approach is based on close co-operation between the MOD, NHS, devolved Governments and local health bodies, supported by the armed forces covenant duty, rather than by rigid primary legislation. That allows for locally tailored solutions that respect clinical priorities and patient safety and avoid unintended consequences, such as disruption and delay. Extensive consultation and co-operation with devolved Administrations and stakeholders is essential to maintaining effective healthcare provision, and that could be undermined by prescriptive regulation and unrealistic deadlines. The objectives of the amendment are therefore largely met through existing statutory guidance and NHS policies, which provide a more flexible and effective framework for supporting armed forces families.
Generally, the difficulties and complexity of triaging patients across devolved Governments, different NHS trusts and secondary care are not lost on me. Separately from discussing the amendment, I would welcome a discussion with the Minister for Veterans and People about how we can continue to improve the existing process. I understand the positive and forward-looking intent behind the amendment.
Amendment 11 seeks to mandate the transfer of special educational needs plans between the devolved Governments. While well-meaning, that approach is unlikely to work in practice. Each nation operates a distinct statutory system for identifying need, assessing children and delivering support. Imposing a legal requirement for portability across those frameworks risks creating delay, duplication and additional bureaucracy for some families.
The more effective route is continued joint working with bodies in scope, building on the existing protections that are already provided by the covenant. The duty requires public bodies to consider the specific impacts of service mobility, including for children with SEND, and to ensure that support remains responsive as families move.
The Government are already taking significant steps in this space. The Department for Education is consulting on SEND reforms that explicitly recognise the challenges faced by service children. A central part of this work is developing digital, streamlined plans that can be easily transferred, reducing delays during moves.
In England, local authorities already have a statutory duty to manage and transfer education, health and care plans when a child moves between areas. The Ministry of Defence has been fully engaged with the Department for Education’s consultation on SEND reform, highlighting the importance of minimising disruption to service personnel and families and ensuring quicker access to support in new locations. Reforms under consideration by this Government include digital EHCPs and individual support plans, which go a long way towards sorting out some of the bureaucracy, and are designed to support smoother transitions for highly mobile children. The MOD is also working with the Department for Education on the Best Start in Life programme and family hubs, providing integrated, accessible support from pregnancy onwards. Guidance to help the hubs to support service families effectively is expected this spring.
I am not quite convinced by the Minister’s argument. I understand what he is saying, but if Corporal Tommy Atkins, his wife and their special needs child in Wiltshire are posted to Edinburgh castle, Fort George, Leuchars or wherever in Scotland, that is not their fault. The amendment would help to reduce bureaucracy by requiring the receiving LEA to take the EHCP. The fact that it was created in England does not mean that it should not be valid in Scotland. The currency we use is valid in both nations, so I am not quite convinced by the Minister’s argument—and either way, it does not help the service personnel or the child much, does it?
Al Carns
We continue to discuss with Scotland, Northern Ireland and Wales how best to enhance the cross-pollination of EHCPs and individual support plans. We will continue to do so and, in particular, will try to speed up the transition and make it smoother for highly mobile children.
To legislate in the way the shadow Minister suggests, when a White Paper is already out and changes in legislation are coming, could result in the incorrect solution for armed forces families. What I would recommend is a discussion with the Minister for Veterans and People to update the right hon. Member in full and ensure that any ideas or insights that he has are pulled into that work, so that we come up with the best collaborative solution. The Government’s preferred approach is collaboration within existing frameworks, underpinned by the covenant duty, which will deliver the practical benefits without the unintended consequences.
Amendment 12, which seeks to continue adoption and fostering arrangements automatically across local authority boundaries, would raise significant practical difficulties. Each local authority operates with its own procedures, safeguarding requirements and legal frameworks. A single, one-size-fits-all statutory requirement risks creating confusion, administrative burden and potential delays, which is precisely the kind of disruption that the amendment seeks to avoid.
The Ministry of Defence already provides comprehensive guidance for service families through the adoption and fostering defence instruction notice, which embeds the MOD’s role firmly within existing civilian-led systems. These long-standing civilian frameworks already ensure continuity for families when they move. In combination with the strengthened covenant duty, they provide a far more practical and effective approach than the amendment process.
The right hon. Member for Rayleigh and Wickford raised a specific case. I am more than happy to take it offline. If we can help directly where the system has not worked, or help with the process, I will pass it on to the Minister for Veterans and People, and we will get after that problem set.
The covenant’s statutory guidance provides a flexible and practical framework that respects local authority responsibilities while directly addressing the challenges faced by service families. It ensures that individual circumstances can be properly considered without imposing rigid requirements that may not fit every complex case.
For those reasons, the Government consider the amendment unnecessary and duplicative. We remain fully committed to supporting healthcare needs for armed forces families, improving SEN provision and ensuring robust support for those involved in adoption and fostering. We will continue to work collaboratively with delivery partners and improve guidance where needed, rather than impose inflexible statutory mandates that risk unintended consequences. I hope that that provides reassurance. I ask hon. Members not to press amendments 10, 11 or 12.
Dr Shastri-Hurst
I am grateful to the Minister for setting out his broad support for the intent of my amendment, if not for its practical workings. I am grateful for the invitation to meet him and his ministerial colleague to see how we can reach a settlement to ensure equality for armed forces personnel on this issue. On the basis of his reassurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
David Reed
My hon. Friend makes a very good point. Looking across the Committee, I see Members who have served in local government, some of whom may have had military experience before doing so. They would have been able to apply their experience, and that of their families, to their work as elected councillors. However, that is not standard across the country, which takes us back to my central point: given the financial pressures and other statutory pressures, we can see why, without a requirement for a clear plan, implementation becomes difficult for a local authority that does not have experience.
The lack of comparability limits our ability to identify where approaches are working well and where improvements may be needed. It also makes it harder to share learning among areas. Amendment 13 seeks to address those points in a proportionate and practical way. It would not impose a detailed or overly prescriptive model, as it is not bureaucratic in nature, and it would not remove flexibility from local authorities; authorities that want to do a lot more could do so, which would perhaps be fed back into central Government. Instead, it would establish a clear expectation that each authority take a structured approach to delivering its covenant responsibilities.
It is important to be clear about what the amendment would not do. It would not impose a complex or resource-intensive new burden. Many local authorities are already undertaking elements of this work; the amendment would simply bring that activity into a clearer and more consistent framework. It would require local authorities to produce an armed forces covenant action plan, which I am sure would be developed in conjunction with the Ministry of Defence, bringing together experience from where it is being done well in local government. That plan would set out in clear terms the steps that the authority intends to take to meet its obligations. It would provide a more coherent framework for delivery, bringing together activity that might otherwise be spread across different services.
Importantly, amendment 13 would also require authorities to assess the level and nature of the need within their local armed forces community. This key element would ensure that planning is informed by evidence, rather than assumptions. It would also encourage engagement with those directly affected, including service personnel, veterans and their families, as well as the organisations that support them. In addition, the amendment would require authorities to set out how resources would be allocated to meet that identified need, helping to create a clearer link between assessment and delivery. It would support more transparent decision making and would help to ensure that commitments are reflected in practice.
The requirement to report on progress is another important part of the amendment. It would introduce greater transparency, allowing central Government, local partners and the armed forces community to understand how the covenant is being delivered in particular areas. That transparency would support activity and accountability; allow local authorities to demonstrate the work that they are undertaking, including where progress has been made and where further development is needed; and provide a basis for identifying effective approaches and sharing good practice.
I will wrap up, because I am conscious of time. Amendment 13 is an important amendment. It would give local authorities a framework to work with central Government to carry out their new statutory duties, while managing their workload across competing priorities.
Al Carns
Amendment 13 would require local authorities to prepare and publish detailed action plans within six months of the passing of the Act. The Government are fully committed to strengthening the delivery of the covenant at a local level. The Bill represents a significant step forward by placing the duty on an improved statutory footing, extending the policy areas that are in scope from three to 12.
Mandating detailed action plans risks imposing a rigid bureaucratic process that may not reflect the diverse circumstances of local government, geography or the composition of armed forces communities across the country. For example, mandating an action plan for areas with little to no armed forces footprint could divert valuable resources away from practical support and into compliance activity.
Delivery of the covenant at a local level is already supported through established mechanisms, including the Covenant Community Action Group, the annual covenant conference and a dedicated covenant website that promotes good practice, shared learning and engagement across the system, which are areas that the hon. Member for Exmouth and Exeter East mentioned. We are also investing in improved awareness and understanding of the covenant across both the armed forces and service providers, including through the new regional Valour centres and field officers.
Rather than mandating prescriptive local action plans, we are taking a proportionate and flexible approach, supporting bodies in scope with extensive guidance and practical tools aimed at improving outcomes for the armed forces community. My officials are creating a suite of materials for service providers to give clear guidance and practical support. The Valour regional officers will be able to provide tailored advice at a local level up and down the United Kingdom.
Al Carns
That is a really good question. I will come back to the Committee with the exact detail, but lots of councils have engaged and have gold, silver and bronze standards. Some of them are exceptional. Some of them—this goes back to the point about the postcode lottery—do not necessarily need to sign up, because their community does not have a huge number of veterans or armed forces. I will endeavour to come back to the Committee with the detail.
There is already an established statutory duty to report to Parliament on the delivery of the covenant. There is therefore no need to establish a new reporting mechanism. The hon. Member for Exmouth and Exeter East is welcome to come and have a discussion with the Minister for Veterans and People and me about what that report looks like so that we can move it in the right direction. However, we believe that a proportionate, flexible approach, supported by guidance and ongoing engagement, is the best way to ensure that local authorities deliver meaningful support to the armed forces community without unnecessary administrative burdens.
I hope I have clarified the situation, reassured the Committee and offered up a brief for the Minister for Veterans and People and me on the annual report and what it consists of. I ask the hon. Member for Exmouth and Exeter East to withdraw amendment 13.
David Reed
I thank the Minister for his wind-up. In the light of his answer, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Christian Wakeford.)
(5 months, 3 weeks ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
With this it will be convenient to discuss the following:
New clause 2—Veterans’ Mental Health Oversight Officer—
“(1) The Armed Forces Act 2006 is amended as follows.
(2) After section 343C (Establishment and functions of veterans advisory and pensions committees) insert—
‘343CA Establishment and functions of a Veterans’ Mental Health Oversight Officer
(1) The Secretary of State must appoint a person to be the Veterans’ Mental Health Oversight Officer.
(2) The general function of the Officer is to oversee the mental health care and treatment provided to veterans by the health bodies specified in section 343AZB.
(3) In exercising their function, the Officer must, in particular, monitor and assess the extent to which health bodies are complying with the duty imposed by section 343AZA (Duty to have due regard to the covenant) in relation to the mental health and well-being of veterans.
(4) The Officer may require a health body to provide such information as the Officer considers reasonably necessary to discharge their functions under this section.
(5) The Officer must prepare an annual report on the exercise of their functions and the general state of veterans’ mental health care and treatment in the United Kingdom.
(6) The Secretary of State must lay a copy of the Officer’s annual report before each House of Parliament.
(7) In this section, “veteran” means a person who has at any time been a service member.’”
This new clause establishes the statutory role of a Veterans’ Mental Health Oversight Officer.
New clause 6—National Veterans’ Commissioner (England)—
“After section 366 of the Armed Forces Act 2006 insert—
‘366A National Veterans’ Commissioner (England): establishment
(1) Within 12 months of the passing of the Armed Forces Act 2026, the Secretary of State must appoint a National Veterans’ Commissioner for England (“the Commissioner”).
(2) The Commissioner shall act independently in carrying out the functions of the office.
(3) The Commissioner shall, amongst others, perform the following functions—
(a) promote the interests of veterans in England;
(b) monitor the operation and effectiveness of the Armed Forces Covenant in England;
(c) review the effect of public policy and public services on veterans and their families;
(d) identify barriers faced by veterans in accessing housing, healthcare, employment, education, and other public services;
(e) make recommendations to the Secretary of State and to public authorities on improving support for veterans.
(4) In exercising these functions the Commissioner may—
(a) carry out reviews and investigations into matters affecting veterans;
(b) consult veterans, service charities, public authorities, and other relevant organisations;
(c) publish reports and recommendations.
(5) The Commissioner shall prepare an annual report on the exercise of the Commissioner’s functions.
(6) The Commissioner may at any time prepare a report on any matter relating to the interests of veterans in England.
(7) The Secretary of State shall lay any report prepared under this section before both Houses of Parliament.
(8) The Secretary of State must make arrangements for—
(a) the provision of such staff, accommodation, and other resources as they consider necessary for the Commissioner to carry out their functions;
(b) the publication of the Commissioner’s reports.
(9) The Commissioner is to be appointed for a term of three years and may be reappointed for a further term.
(10) The Secretary of State may remove the Commissioner from office only on grounds of—
(a) incapacity,
(b) misbehaviour, or
(c) failure to discharge the functions of the office.
(11) In this section—
“public authority” has the same meaning as in section 6 of the Human Rights Act 1998;
“veteran” means a person who has served in His Majesty’s armed forces.’”
This new clause would require the Government to appoint a National Veterans’ Commissioner for England and sets out its functions.
The Minister for the Armed Forces (Al Carns)
It is an honour to serve under your chairmanship, Mr Efford. I thank everyone for our progressive and balanced debates so far.
I am delighted to introduce clause 2, which extends the armed forces covenant legal duty, delivering a manifesto commitment to strengthen support for our armed forces. The clause will amend part 16A of the Armed Forces Act 2006 by inserting two new sections that will extend the statutory duty to have due regard to the principles of the armed forces covenant. They will do so by applying the duty to public bodies across the UK and additional policy areas, as I shall explain.
Proposed new section 343AZA introduces the principles of the armed forces covenant. It states that bodies subject to the duty must have due regard to the unique obligations of, and the sacrifices made by, members of our armed forces. Those principles include the principle that it is desirable to remove disadvantage faced by servicepeople as a result of their current or former service, and the principle that in some cases special provisions may be justified for the armed forces community because of the impact of their service.
Proposed new section 343AZB will impose the duty on national authorities, local authorities, education bodies and health bodies across the United Kingdom. For the first time, in recognition of the breadth of the covenant, the devolved Governments of Scotland, Wales and Northern Ireland and UK Government Departments will be subject to the duty. It applies when those bodies exercise public functions in relation to the following matters: childcare, education and training, employment, health and social care, housing, social security benefits, personal taxation, criminal justice, transport, pensions, immigration and citizenship, and armed forces compensation.
Sarah Bool (South Northamptonshire) (Con)
It is a pleasure to serve under your chairmanship, Mr Efford. New clause 6 would introduce a veterans commissioner for England. We have three excellent veterans commissioners —the commissioners for Northern Ireland, for Scotland and for Wales—but they represent just 15% of veterans living in the UK. Some 85% of veterans live in England, yet there is no equivalent dedicated commissioner. As Members will recall, when the Minister asked at our evidence session on 25 February whether there should be a veterans commissioner for England, the three commissioners all expressed their support for such an appointment.
This is not a new campaign or issue. On 1 May 2024, after a campaign by the Royal British Legion, which included a petition that received 1,400 signatures, the Office for Veterans’ Affairs under the last Conservative Government said that it would appoint a national veterans commissioner. It started recruiting for the role, and the job advert stated:
“This role will cover England and any veterans matters which are reserved to the UK Government and are not in the remit of the Devolved Administrations.”
At the time, the RBL was delighted that England would have the same key public role of an independent advocate and voice for the armed forces community as Scotland, Northern Ireland and Wales, which have had veterans commissioners since 2014, 2020 and 2022 respectively.
The national veterans commissioner was intended to replace the Government’s independent veterans adviser. The IVA was a UK-wide advisory role with informal influence; the national veterans commissioner, by contrast, was to be a public commissioner with formal oversight and scrutiny, looking at England and UK-wide reserved matters to improve veteran support and accountability. However, the post has never been filled.
Following the general election in July 2024, the new Labour Government moved the Office for Veterans’ Affairs from the Cabinet Office to the Ministry of Defence. The Prime Minister explained in a written statement that the change would
“enable the Minister for Veterans and People to have complete oversight for the entirety of service life; from training to veterans working with all government departments to deliver for our service personnel.”
In February 2025, at Defence questions, I asked the then Minister for Veterans and People whether he planned to appoint a veterans commissioner for England. His response was:
“I reassure the hon. Member that I work closely with my Northern Ireland, Welsh and Scottish commissioners. We are currently looking at the structures by which we support veterans across the whole tapestry of the United Kingdom, and we really want to put in place an institutional resilience system that gives the best care at the right time and in the right place to the right people. That primarily involves working with thousands of charities collaboratively and coherently to ensure that we can get the best bang for our buck from all the amazing volunteers and charitable services out there. A bigger review is going on. It is on hold at the moment, and we will let the House know more in due course.”—[Official Report, 10 February 2025; Vol. 762, c. 16.]
However, the new veterans strategy published in November 2025 made no reference or commitment to the creation of such a role.
I appreciate that Op Valour is ongoing. It was announced last year and was described as the first ever UK-wide, Government-led approach to veterans support. It is said that the programme, backed by £50 million of funding, will deliver easier access to care and support for our veterans, connecting housing, employment and health services across the UK. It has three parts: Valour-recognised support centres, Valour field officers and the Valour HQ. However, it does not provide the single point of overarching advocacy that a commissioner would provide. Neither would the Armed Forces Commissioner, which was established in legislation in 2025. I note that there has still not been an official announcement, nearly a year after the application deadline closed, of who that will be, but perhaps the Minister can provide an update.
The role of the Armed Forces Commissioner is to investigate general welfare matters in the armed forces. The office of the Service Complaints Ombudsman would be abolished, with its functions and responsibilities transferred to the newly established commissioner. A veteran would fall under the commissioner’s remit only where their complaint relates to their time in service when they were subject to civil law. There are time limits for submitting a complaint; only those veterans who recently left the armed forces will generally fall within the provision.
New clause 6 proposes that a veterans commissioner for England be appointed within 12 months of the passing of the Act. We have used the word “appoint”, because this is not a statutory role but a public appointment. That would mirror the position for Northern Ireland, Scotland and Wales, which all have non-statutory commissioners. I note that the Scottish Veterans Commissioner, while technically non-statutory, operates much closer to the statutory model than those in Wales or Northern Ireland. It is treated like an arm’s length public body, with a defined budget, a permanent staff, a published governance framework and annual reporting requirements. Although that is not the exact model proposed here, perhaps it is one that the Minister might consider.
Proposed new section 366A(3) sets out the commissioner’s core functions, which are to
“promote the interests of veterans in England…monitor the operation and effectiveness of the Armed Forces Covenant in England…review the effect of public policy and public services on veterans and their families…identify barriers faced by veterans in accessing housing, healthcare, employment, education, and other public services…make recommendations to the Secretary of State and to public authorities on improving support for veterans.”
In doing so, the commissioner may
“carry out reviews and investigations into matters affecting veterans …consult veterans, service charities, public authorities, and other relevant organisations…publish reports and recommendations.”
Given the proposed extension of the armed forces covenant, and the issues and concerns that many people have, the oversight role of a commissioner is vital. To date, as the local government representatives indicated to us, the covenant has been delivered through enthusiasm, but we now need robust implementation.
Any report prepared by the veterans commissioner would be laid before Parliament. The role would operate for three years at a time, with a further chance to be reappointed.
I believe that all members of the Committee understand the value of a veterans commissioner for England. As the existing commissioners are calling for it, I implore everyone to consider carefully how vital it will be.
Mike Martin
I agree with the hon. Lady. In the spirit of cross-party working, I say that we all support our veterans, and I think that the strides that the Government have made are fantastic. The previous Government had a Minister who was passionate about this issue, and he also made strides in this area. We are all trying to move in the same direction; it is not either/or. We have used the phrase “postcode lottery”. We all accept that veterans or people with mental health injuries do not reach out—often people who are depressed or anxious retreat inside themselves—so it is a good thing to have somebody who is able to survey veterans, understand their concerns and see how well linked they are to the fantastic mental health services that are being rolled out by the Government.
Let me highlight a couple of statistics about veterans. Suicide rates are four times higher for veterans under the age of 25 than for the same group in the civilian population, and 52% of veterans have had a mental health problem compared with 45% in the general population. On the point about belonging that I mentioned, a third of veterans reported feeling loneliness compared with just 7% of the civilian population. Veterans experience PTSD at twice the rate of the civilian population. We do not have any figures for the moral injury concept that I spoke about because it is hard to define and band.
The particular case of veterans and mental health is a well-recognised problem—we do not need to over-make the case; we understand it. Veterans often do not reach out when they have mental health issues, so there is a case for a sort-of chief gardener to help us make sure that we all tend the garden of our mental health.
Al Carns
I thank hon. Members for their contributions on clause 2 and the new clauses. They are based on the right intent, and Members are trying to do the best by our serving and ex-serving population.
I will leave the script and step back to look at where we have come on this journey. Under the previous Government, the Office for Veterans’ Affairs sat outside the Ministry of Defence. I sort of understand why that happened in some cases. I analysed this to and fro for a long time before making the decision to bring it back in. With hindsight, after a year and a half, the ability to amalgamate all the different parts of the veterans portfolio, including pensions, injury claims, records and the resource that Defence brings, has brought us far further forward. Would that have happened if the OVA had not been outside in the first place? I cannot comment, but its position in Defence, where it is safeguarded as an organisation, means that it harnesses all the bureaucratic power that Defence can bring to move stuff forward.
I will come in a second to the issues of veterans’ mental health and having a veterans commissioner. But if we step back and look at Afghanistan—where some Committee members here served; I did five tours there—there was a palpable feel among the population that the Government were not doing enough, or that the system was not flat and fast enough to deal with the scale of the problem that Afghanistan was kicking out on rotations. We therefore saw an explosion in the number of veterans charities, and the reality is that we now have more than 1,000 veterans charities in the UK. That number is growing every day. Some are the best, most well-meaning people, doing an amazing job and dealing flat and fast with veterans in our communities at the grassroots level. They do an outstanding job, and we have to harness the best charities. Some big charities, too, do a fantastic job of analysing data and providing the Government with clear advice on how to support veterans. There is also everything in between. I will be clear: there are the most amazing charities, very good charities, average charities and a very small minority that do not deliver as efficiently as perhaps they should.
In the veterans portfolio, how do we help the charities cohere their capacity, the £1 billion market that is the veterans charity sector, to deliver it more effectively? And how do we do that in conjunction with local government, while understanding the good, the bad and the other group that sits to the right of that mark? That will stem from Valour. It has taken small steps, but it is moving forward relatively quickly. The first one was about the establishment of an OC—officer commanding—Valour, the head of Valour. Who will run this programme, which is not just about England, but about England, Scotland, Wales and Northern Ireland?
The reason why we need one central point of contact is that we have devolved Administrations that do things differently. We have a plethora of datasets that sit within big charitable organisations, sometimes feeding the output of the charities and at other times providing us with good, balanced analysis. The trouble is that we do not have a collective dataset to give us a clear understanding of the various issues across our veterans space. In fact, the RBL did a fantastic study on perception versus reality, on the statistics and the view of the population versus the actual realities for veterans at the grassroots level. It pointed to one thing: with so many charities needing to generate and raise funds, in some cases they had to champion the requirement for money to go to the most needy or individuals in most need of support.
When we look at the realities, most veterans leave the military and do not have an issue. A proportion have medium-level needs, and a proportion have some really acute needs. The reality and the perception, however, are different. Some of that is skewed, because we have created a charitable sector network that must generate an income from championing or sometimes pushing the most injured and the individuals who need the most support to the very front of the limelight. That creates a national narrative that turns veterans into victims, and I tell the Committee now that it is 110% not the case. Some individuals need lots of support, some need some support and other people go on to contribute to society with no impact whatever.
To reinforce what the Minister is saying, Lieutenant General Sir Andrew Gregory, who for many years was the controller of SSAFA, always used to make the point that while clearly some people suffer as a result of their military career, as the Minister admits, the vast bulk emerge in good shape, remain in good shape and benefit immensely from their time in service. I put on record what Lieutenant General Gregory, the head of SSAFA until recently, said, if only to back up absolutely everything the Minister is saying.
Al Carns
Sir Andrew is an exceptionally good man, and few are more knowledgeable than him on veterans matters. We have a position where, in some cases, veterans are seen as victims, but we have no central body that understands the totality of veterans issues across the United Kingdom. Head Valour is therefore coming into place in the next month or two, with a new headquarters. What does a headquarters mean? It means pulling in all the data sources to provide us with a comprehensive view of the issues that veterans face in this country—a balanced, analytical view, not one that is sometimes skewed by institutional organisations or other bodies. That is not because it is in their interests to do so, but it might be a passion project. It is about providing a balanced, analytical view, which must be data-led and have the horsepower to do that across all the devolved nations.
There is, of course, no point pooling data feeds if they come in all sorts of different forms. That brings in the Valour centres. The hon. Member for Tunbridge Wells talked about camaraderie. One of the issues at the moment is that when a veteran has a mental health issue, they have to go to eight different charities before they land on the right one. They usually start with family or a friend, and they will then go from one charity to another, having to bounce around, retelling the story, reliving the trauma. Sometimes, by the time they get three or four down the line, they give up. That is where we have some pretty catastrophic consequences.
The Valour centres are about taking some of the existing centres—we have more than 700, and growing, across the country—finding the very best ones, providing them with long-term Government funding, and standardising the services and engagement. We will ensure that they understand their local networks of the good, the bad and the ugly charities, and can then distribute resources down to them, to provide a set of standard-ish services as best we can—that goes back to the postcode issue. Secondly, we will ensure that the data flows back up to the headquarters in a manner that can be digested and analysed in the most effective way. On top of the Valour centres, field officers in local councils will help to control the centres, as well as to hold councils to account should they not fall in line with the covenant and some of the principles we have talked about today. We are in the foothills; in the future, we should have a far better, greater dataset for us collectively to analyse.
I do not believe that putting one individual in charge of veterans’ mental health would provide us with the systemic jump to deal effectively with that issue. Courage is a programme from the previous Government. We have taken it on and kept it going, because it is working well. For everything we have talked about today—mental health, housing, education, and special educational needs and disabilities—we need the data flowing in, proper analysis and then proper, comprehensive solutions flowing back down. That is one of the reasons why I cannot support new clause 2.
When I was Minister for Veterans and People and dealt with the veterans commissioners, I did not really know whether they were in the right place, in the wrong place or doing the right things. They were brought in from a devolved Government perspective to ensure that we could continue to check and balance the devolved Governments in line with central Westminster policy. Interestingly, 85% of all veterans, which equates to about 1.7 million people, live in England—a veterans commissioner for England would be a huge role.
I have been clear, I think on the record, that once Valour is up and running and we establish the framework for how the hubs will work, we then need to deal with whether we need a veterans commissioner for England. I would suggest that it may be positive, depending on the veterans architecture out there. Why do I say that? At the moment, we have armed forces champions, at different levels and with different terms of reference—some part time, some full time, some employed by councils and some not—and we have Valour field officers going into councils. We have veterans commissioners in the devolved Governments, and then we have the head of Valour, who will have a whole set of data, with the Valour centre network sitting below them. Throwing a commissioner on top of that, at the same time, would perhaps dilute the hierarchy and centralised control. I absolutely understand the utility of having a fourth commissioner in place over time and, although I have to oppose new clause 6, I would like to take on this discussion. I have a feeling that, in the next 24 months or so, we will be moving in the right direction with regard to the measure.
The Minister has made a strong argument. I place on the record my admiration for the three veterans commissioners for Scotland, Wales and Northern Ireland, all of whom are excellent at what they do. I seem to recall—I do not have the Hansard here—that when we were debating the Armed Forces Commissioner Act 2025, I asked the Minister when we would get an English veterans commissioner, and he was pretty clear that we would get one. The Minister today has intimated that we will probably still get one, so he is being consistent, but can he give us some idea of the timing?
Al Carns
Once we analyse the tapestry of veterans support, I would like to come to a solution on the English veterans commissioner to align with and amplify what we do on Valour. I think that Valour will take 36 months to be properly embedded in our local councils, with the structures and data network in place. It has taken us longer than I expected to get the Valour OC in place, but perhaps that is one for the bar downstairs.
(5 months, 2 weeks ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
David Reed (Exmouth and Exeter East) (Con)
It is a pleasure to serve under your chairship, Mr Efford. I wish to add some points to bolster the argument of my right hon. Friend the Member for Rayleigh and Wickford.
We were promised the DIP before Christmas, but right hon. and hon. Members do not need me to tell them that it is now the end of March and we still do not have it. It is all well and good talking about a 25% reduction in delivery costs and about improved military housing, but until those promises are reflected in a clear, costed defence investment plan, they will remain words, not guarantees.
That is precisely why my right hon. Friend’s amendment 17 is so important. It states that if the Government are serious about defence housing, the Defence Housing Service’s budget must be set out in the DIP. It would tie the rhetoric on forces housing, new helicopters and new military hardware to an actual budget line. If Ministers truly intend to deliver what they have promised, they should have no difficulty in writing it into a plan.
Let us be clear with our service personnel and their families. We welcome investment when it is real, but we will not pretend that an uncosted statement is the same as a funded commitment. Until the Government publish the defence investment plan and the DHS budget is there in black and white, this House is being asked to take it on trust. That is not good enough.
The Minister for the Armed Forces (Al Carns)
It is a pleasure to speak under your chairmanship, Mr Efford. I put on record my thanks to the DIO team, Natalie Elphicke Ross and the collective armed forces for helping us to design this well-thought-through and very effective defence housing strategy. I thank the right hon. Member for Rayleigh and Wickford for his amendment concerning the Defence Housing Service budget, and for his interest, as always, in the defence investment plan.
The defence housing strategy will be backed by £9 billion of funding to deliver a decade of renewal for defence family housing. Previously, military housing was subject to insufficient, stop-start funding that did not deliver value for money for the taxpayer or the improvements that service families deserve. I have lived in service family accommodation, as I am sure other hon. Members have. We have seen the oscillating budgets. We have seen, in some cases, the lack of value for money.
When this Government came in, one thing we said we would absolutely do was ensure that people can have safe, secure, dry homes to live in if their loved ones go overseas to protect the freedoms we enjoy. That is why we set out the defence housing strategy. We liaised with a plethora of individuals, from the families federations to housing associations, to ensure that we came up with a well-thought-through plan that is funded and looks at the medium and long term as well as the short term.
The Defence Housing Service budget will be clearly set out. It will account for its spending to Parliament via an annual report, so there will be accountability. As the Committee heard during the evidence sessions, there is nothing in the defence investment plan process that is stopping the Department getting work under way now. The Defence Housing Service can be up and running from April 2027, and the work of renewing the estate can continue.
David Reed
We have heard these arguments in Committee, we have had experts come in and we have visited defence housing. We need to get to the nub of this. The wording being used today is that there will be £9 billion in the budget and that we know it will be in the defence investment plan. As it is reported that the defence investment plan is sat on the Prime Minister’s desk at the moment, and I am sure the Minister will have seen the defence investment plan, can he confirm today that he has seen that £9 billion in the defence investment plan, and that it will be signed off with that £9 billion for housing?
Al Carns
I can confirm that £9 billion will be secured to ensure that we get the defence housing strategy and the Defence Housing Service up and running. We have said that in Parliament previously, and I reiterate it here.
It is worth noting the need for a Defence Housing Service and the professionalisation of our service as a whole, because some of the stats and facts from the time we came into Government were, I can only say, nothing short of shocking. In November 2023, there was a high of 4,200 complaints. Where is it in 2026? It is 400. We have already made improvements, we are heading in the right direction and we will continue to deliver in due course. We are getting on with the job of making improvements now for service families and preparing for the launch of the new Defence Housing Service so that we can go even further and faster to fix defence homes.
Setting a requirement in legislation, in the way that the right hon. Member for Rayleigh and Wickford suggests, is not only unnecessary but risks frustrating the vital work of the Defence Housing Service. His amendment 17, which specifies that the Defence Housing Service must operate within a budget set out in the DIP, risks constraining the service in the scenario in which investment is set in the defence investment plan but then has to rise thereafter. That could happen, for example, in the case of additional increases in personnel, or a change in the international situation that could require additional housing. Any additional spending would risk being in breach of the requirement unless and until a new defence investment plan is published. That would undoubtedly constrain the service’s ability to respond swiftly and appropriately to changing requirements. I hope that provides the necessary reassurance to the right hon. Member.
Sarah Bool (South Northamptonshire) (Con)
It is a pleasure to serve under your chairmanship, Mr Efford. I understand what the Minister says—that there may be extenuating circumstances where there may need to be flex within the budget—but the most important thing that we are trying to establish is that this money is absolutely guaranteed.
At the Defence statement the other day, I asked what “flat out” meant when the Secretary of State was talking about finalising the defence investment plan. I was told it meant that they were “working flat out”, so the Minister will forgive me for seeking further reassurances. I would also be very interested to know whether he has indeed seen the defence investment plan, with this budget line item in it.
Al Carns
I can say that we are working flat out on the absolute shambles we were left by the Conservative party. I can also say, as the Defence Secretary said in the House, that £9 billion will be allocated to the Defence Housing Service. The study has been completed. It is a very effective strategy. It has taken into account a lot of the other details that were excluded in the past. It has pulled them all together and has put in place a comprehensive strategy that will be funded.
I am not saying that in 14 years we got everything right, but we never ended up in a situation in which we could not put a destroyer to sea, to a NATO exercise, with three months’ warning. It was never that bad.
I was told at a dinner last night that the Secretary of State or other Ministers have not allowed this Minister to see the defence investment plan. Surely that cannot be right: he must have seen it. For the avoidance of doubt, could he just pop up and tell us that of course he has seen it, and he has seen the detail of it?
Al Carns
My role, when it comes to defence investment, is primarily linked to uncrewed systems. I have been pushing as hard as I can to ensure that there is significant resource and consideration of not just the delivery of capability, but training, tactics and procedures, and the inculcation of drones and autonomous systems into our armed forces.
We all know how this works. That was what, in “All the President’s Men”, they would have called a non-denial denial. I am afraid we have had no satisfaction, so we will press amendment 17 to a vote.
Question put, That the amendment be made.
Al Carns
I believe that amendment 14, moved by the right hon. Member for Rayleigh and Wickford, is unnecessary. It is clear that the Defence Housing Service will have a service ethos at its heart, and we are already way ahead on that. The Committee heard from representatives of the families federations during the evidence sessions, in which Cat Calder from the Army Families Federation said that during the course of the defence housing strategy review, it was
“very much engaged with, listened to and questioned”,
and its views “taken into consideration.” That will continue as the defence housing strategy turns to the Defence Housing Service and the implementation of changes across the entire estate.
I welcome the right hon. Member’s comments about the FDIS statistical change. When I first took over this job, I visited multiple defence housing providers and, indeed, the houses themselves. I line-by-lined the cost of everything from a plunger to the taps to make sure we were extracting the best value for money from those contractual services. The trend was already moving, and I believe it has moved in the right direction. There is always work to do, but we have our foot on that pressure point and will ensure we extract best value for money and best time when it comes to the delivery of services for our families in service housing.
Importantly, throughout the development of the defence housing strategy, families have been at the very heart of the discussion to ensure that their views are considered, along with the differences between the way of life and operational priorities of the Army, RAF and Navy. That is why we have set up a new customer service committee with representatives from all three forces’ families as members. The Defence Housing Service will have a service family representative on its independent board.
We are already making rapid improvements after many years of ebbing and flowing standards and service in military accommodation, and we have delivered our consumer charter commitments to improve our families’ experiences. That includes transforming 1,000 of the worst homes by Christmas with new kitchens, bathrooms and floors, which the Committee will know from its visits were previously in a shoddy state. Some are still in that space, but we are moving rapidly to change it.
We are modernising outdated policies, giving families greater freedom to improve their homes, and streamlining processes for those who wish to run businesses from home or simply have a pet. We are also delivering named housing officers, as it is critical to have a central point of contact to make complaints to, or to demand better services, as well as delivering photos, floor plans and a new online repair service.
This might seem like a point of detail, but it is important. I will come on to “Stick or Twist?” later, but one thing that came out very clearly is that many families wanted what used to be known in old money as “patch managers”, often a retired senior NCO who lived nearby, who knew the patch and all the quarters intimately. He knew that No. 23 had always had a slightly wonky boiler or whatever. He was someone that all the families knew, and who the wives could get hold of if their spouse was away on deployment. We have named housing officers, but at what level do they operate? Do we have one per patch, per garrison or per region? How close to ground level are these named housing officers?
Al Carns
I will get back to the right hon. Member with the exact numbers of housing officers and how much patch they will oversee and manage, depending on the different service contracts. As he will be aware, the Army, Navy and Air Force approach it in different ways. Some have retired officers in a Reserve billet, looking after everything from welfare to housing. Others have specific housing officers, and some have none at all. There is a requirement to standardise that, hence the reason for housing officers coming in. I believe that housing officers work most effectively when they have either served or have an understanding of service. We are seeking to replace the single point of contact for families to go to should they have a problem with their housing or the facilities provided by the contractual arrangements.
On the promises that were made to families, it is worth noting that work is fully under way to deliver them under the consumer charter. We are also seeing results. Satisfaction in defence homes is rising: rates are now at 51%, their highest level since 2021. I would argue that that has resulted in an increase in both retention and recruitment, pulling more people into the military. We have seen a 13% increase in recruitment and an 8% reduction in outflow.
I have always been really honest that, in the short term, we are getting after this with 1,000 homes and the consumer charter, but that we will really see the benefits over the medium to longer term, with a complete rejuvenation of the estate. Satisfaction with repairs has increased steadily, from a low of 23% in January 2023 to 66% in 2025. In February 2026, we received 400 complaints, compared with a high of 4,200 complaints in November 2023, so we are making progress. We want to get that 400 figure down even further and will continue to endeavour to do so.
Amendments 3 and 4 propose to specify further in legislation the standards that accommodation should meet. I thank the hon. Member for Tunbridge Wells for his service and for his attention to ensuring that service family accommodation meets the standards that families rightly expect. The conduct and the candour of this debate have shown that we all want the same thing.
As part of the generational renewal set out in the defence housing strategy, we are already making rapid improvements, including through the new consumer charter for service family accommodation, which the Secretary of State announced last year, with the first set of those commitments delivered way ahead of Christmas. Through the wider plan set out under the defence housing strategy, we will be delivering improvements to nine in 10 defence family homes over a decade of renewal, delivering on the opportunity presented by the buy-back of the estate in January 2025.
In relation to the amendment tabled by the hon. Member for Tunbridge Wells, the MOD is already committed to meeting and publishing compliance with the standard. The defence housing strategy specifically addresses the issue and sets out that the housing standard should keep pace not only with the decent homes standard, but with wider housing safety requirements such as Awaab’s law.
Al Carns
If the hon. Member will let me, I will come back to him with a specific timeline for the process.
In reply to an earlier question, there are 122 housing officers in total, and the figure will increase over time. Each housing officer is responsible for 300 to 400 homes. Although the housing officer will be a specific individual in place, a lot of armed forces also have other welfare officers and facilities. However, this is a step in the right direction to providing a single point of contact.
I am grateful for that detail. I agree that it is a step in the right direction, so it would be churlish not to welcome it. To give credit where it is due, when my hon. Friend the Member for South Suffolk was a Minister in the Department, he invested several hundred million pounds in what was known as the mould action plan. Its aim was to get after the problem not just with temporary fixes, but with long-term work on properties with a persistent mould problem. As I have tried to be fair to the Government this morning, I hope the Minister will acknowledge that my hon. Friend put quite a lot of effort into that issue in defence housing. There has subsequently been some success, has there not?
Al Carns
I agree. The mould action plan got after a large chunk of the problem. I know there was work that went on previously, including “Stick or Twist?” and other reviews, but now that we have got rid of the Annington deal and got control of our estate, we can take a far more strategic outlook. That is what the defence housing strategy is all about, so that we ensure that we get best value for money over a longer period and do not have to spend huge amounts in a short time, which unfortunately can result in poor contractual agreements and not the best value for money.
The mechanism for embedding the standards, as well as Awaab’s law, including any changes over time, has already been included in the Bill. It has been deliberately drafted in that way to provide a mechanism for capturing future changes to policy without requiring legislative change. As a case in point, the hon. Member for Tunbridge Wells specified the 2006 decent homes standard in amendment 3, but he will be aware that the Ministry of Housing, Communities and Local Government is already in the process of introducing a revised decent homes standard. The amendment, although absolutely well intentioned, is too specific. It would set in stone a policy position that would rapidly become redundant. Further mechanisms will ensure that we keep in line with the decent homes standard, such as providing a report into the system on, I think, a yearly basis—I will clarify that point in due course.
I reassure the hon. Member that in practice the Ministry of Defence already uses the 2006 decent homes standard as a benchmark for service family accommodation and will work to meet the new decent homes standard as it is introduced. The same applies to Awaab’s law, which is being taken forward through the consumer charter. As the generational renewal set out in the defence housing strategy progresses, we will aim not just to meet minimum standards, but to provide homes that any of us would be proud to live in.
The scale of the problem should not be underestimated. The defence housing estate was built at any time from the 1960s all the way up to the early 2000s, with single-skin walls and a plethora of issues. It will take a medium to long-term strategy to deliver real, meaningful change over time. The messaging to the armed forces and their families is that we are on this: we have assured the money and we will head in the right direction to improve defence housing over the medium to longer term.
I hope that the points that I have set out provide the necessary reassurance as to why amendments 14, 3 and 4 are not necessary and can be withdrawn.
I appreciate everything that the Minister has said. None the less, we feel strongly about amendment 14, so we will press it to a vote.
Question put, That the amendment be made.
The Chair
I should point out that the amendments appear on the amendment paper in the order in which they would amend the Bill, so we will not take a vote on amendments 3 and 4 right now. We will come to that point in due course.
Mike Martin
I would like to make some brief comments in support of amendment 15. We should reflect on how the divorce rate is much higher for service personnel because of the vagaries of service life and the stress under which it can put relationships. A measure like this is the least we can do to mitigate the worst excesses that result from service life. As hon. Members will know, court orders often come with specifications that appropriate surroundings be available for contact visits. By agreeing to this amendment, we would ensure that provision is available to facilitate such orders.
Al Carns
I thank the right hon. Member for Rayleigh and Wickford for tabling the amendment. I absolutely recognise the importance of facilitating contact visits between service personnel and their families; there are people here with experience of that.
The reality is that as we have come into government, we have the wrong houses in the wrong place in the wrong amount. That requires a whole restructuring of our defence housing estate to ensure that it matches and moulds itself to varying requirements across the population.
I was a base commander, and we had several welfare houses. There is a joint service publication in MOD policy, JSP 770, that designates service family accommodation as welfare support accommodation. This is a joint process with local military commands and welfare services to provide housing for welfare requirements. It cannot simply be met with the responsibilities that the amendment seeks to set for the Defence Housing Service.
Moreover, there has to be flexibility in the use of welfare support accommodation to ensure that it can respond to local needs and local requirements, including other important welfare uses such as those relating to domestic abuse and safeguarding. It would be far too inflexible for it to be earmarked as accommodation solely for contact visits, as the amendment sets out. That would limit our ability to respond to urgent needs of other kinds.
More generally, the issue that hon. Members have highlighted is only one part of a much bigger issue that the Defence Housing Service is being set up to address, which is that the defence estate is wrongly configured as a result of the legacy of Annington and years of under-investment, with not enough homes in the right places to meet the requirements of service personnel.
The focus of the Defence Housing Service is to improve existing homes and create thousands more, including by delivering widened access to accommodation for modern families. Its progress against that will be set out for Parliament to scrutinise through the annual reporting process. The defence housing strategy team looked at the issue as part of its review. An important conclusion of the review was a recognition of the important role that local welfare-based discretion plays in managing service personnel’s housing needs, which cannot always be planned from the centre.
The reality is that welfare houses provide a capability for a plethora of needs, from supporting individuals who have been subject to abuse all the way through to providing a comforting environment for families who have broken up or separated and need a place to live and thrive with their children. To narrow them down to one use may not meet the local requirement, but I absolutely support the premise and the positivity behind the amendment. Given the clear and comprehensive arrangements that are already in place, I see the amendment as unnecessary.
I appreciate the spirit in which the Minister is replying. I have learned to take his word. Just so he does not think that we have a blanket policy of voting on everything this morning, if he gives me his word that he will take the issue back to the Department and the people setting up the DHS and look very seriously at how we might do a bit better, in return I shall not press the amendment. Can he give me that comfort now?
Al Carns
It is absolutely right and proper that we do that. I would like to go a step further: we could probably organise a sit-down with Natalie Elphicke Ross and the team at the Defence Housing Service. It has already been thought through, but they can explain it. If the right hon. Gentleman has any insight into how he would improve it, or indeed any reflections from his own experience of the defence estate, we will take that forward. I therefore ask him to withdraw the amendment.
I will not look a gift horse in the mouth. I thank the Minister for his kind offer, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Al Carns
I shall speak first to amendment 2. I thank the hon. Member for his engagement.
The measures in the Bill build on 18 months of work to stop the rot in defence housing and build for the future. We are buying back 36,000 military family houses from Annington and delivering a new consumer charter. We have already got after the first 1,000 homes, published the defence housing strategy and, importantly, we have launched the new single living accommodation review. That is important because there is a separation.
What the hon. Member is getting at is where, in some cases, we have Defence Housing Service family accommodation that is repurposed for single living accommodation because we have excess housing or a lack of single living accommodation on the base. Therefore, we must include both elements in bits of the Bill, but not all of the Bill, because SLA is subject to a completely separate review.
Mike Martin
I know of what the Minister speaks. A four-bedroom house may have four servicepeople living in it as single living accommodation—the defence equivalent of a house in multiple occupation—but does that not speak to the point that SLA and SFA should be treated under the same standards?
Al Carns
I fundamentally disagree. The review of single living accommodation will describe the complexity of the problems we have across the entire estate with both the shape and size of our single living accommodation, the requirements of a changing population, and how best to manage them. To combine the two would detract in particular from the defence housing strategy because of the funding mechanisms, ownership and oversight of single living accommodation.
Amendment 2 would have the effect of broadening the Defence Housing Service’s responsibility for the standard of housing to include single living accommodation as well as service family accommodation, which the Government do not believe is appropriate in any shape or form. Single living accommodation operates in a fundamentally different way from service family accommodation, and the two must therefore be separated. SLA is housing provided for individual service personnel living without families, typically on military bases behind the wire, with the primary responsibility sitting with frontline commands and the demand signal set by their operational requirements. Recognising the difference, the defence housing strategy, which sets out the basis for the Defence Housing Service, did not recommend that the Defence Housing Service is responsible for all single living accommodation, but recognised the need for dedicated, focused attention on service families that the new organisation will provide.
We are committed to driving up standards in single living accommodation, just as we are with service family accommodation. A separate, dedicated review of single living accommodation is already under way and should be complete in the summer. The Minister for Veterans and People is leading that, and pushing forward on it hard and fast.
Mike Martin
The Minister is being very generous with his time. Could he state precisely the difference between SLA and SFA that means we cannot bring them together?
Al Carns
Single living accommodation is often hundreds of rooms—think student accommodation—in barrack blocks behind the wire. Service family accommodation is often on the other side of the wire, out in the local population. Single living accommodation houses individuals rather than families. The whole set-up is completely different—some have cooking facilities and some do not. To balance the two on the same standards would completely skew the system.
I assure the hon. Member that the single living accommodation review is fully under way. It will look into this separately and deliver a strategy that is similar to the defence housing strategy, but it will look specifically at the nuances of single living accommodation. I think that many of the points the hon. Member is getting at will be included in that review and be open to scrutiny.
Mike Martin
If I understand the Minister correctly, he is saying that we are going to take different routes but get to the same place. If he could give me assurances that we are going to see the same standards reflected in SFA as SLA, but they are going to be managed through separate processes, I would be happy to withdraw the amendment.
Al Carns
The requirements are different for SLA and family accommodation, but we both want the same thing: the best accommodation, whether for a family or a single person living on base, either separated from their family or single. What I can offer the hon. Member is to engage and talk him through the single living accommodation strategy as it builds, so he can ensure his points are included and we either fill the knowledge gap or make the strategy reflect the intent of providing the best accommodation for single individuals outside the family setting.
It may assist the Committee to know that when I looked at this in “Stick or Twist?”, we realised that we were talking about two slightly different propositions, and that some of the challenges in single living accommodation are a bit different from those in SFA. For the record, in “Stick or Twist?” we said we would start with SFA—we were talking about a housing association—and learn lessons from that and then go on to SLA. We realised there is a bit of an air gap between the two, so our work was concentrated on one and then maybe moved on to the other. That is, in some ways, similar to the spirit of what the hon. Member for Tunbridge Wells is saying, if the Minister will accept that.
Al Carns
I completely accept that. There are just nuances and differences in the requirements, and that will be reflected in the outcomes of both reviews. Again, I offer that engagement—if the hon. Member for Tunbridge Wells would like to get involved and ensure that his points are made as the strategy is built, he can affect the output as required.
The Government believe that a dedicated focus on the Defence Housing Service and family accommodation is the best way to achieve the step change needed for defence, specifically on family homes. We will continue simultaneously to drive up the standard of single living accommodation, and further detail will be set out in the next steps following the ongoing SLA review. If it is any consolation, I lived in single living accommodation for a large chunk of my life and have seen the good, the bad and the ugly, so I will personally be behind that work to ensure we get the best standards.
New clause 1 is designed to include single living accommodation within section 101 of the Renters’ Rights Act. It would require the Ministry of Defence to report annually to Parliament on the extent to which such accommodation meets the decent homes standard. As someone who has lived in single living accommodation for a huge chunk of my life, I appreciate the sentiment behind the new clause, but the Government do not believe it is the right way to drive up standards in single living accommodation.
As Members may recall, this matter was debated during the passage of the Renters’ Rights Act, and Ministers at the Ministry of Housing, Communities and Local Government set out why the decent homes standard cannot sensibly be applied to single living accommodation. Such accommodation exists to support operational readiness and cannot be treated in the same way as social housing or other forms of civilian housing.
Single living accommodation spans a huge range of types, many with shared facilities, and therefore, by definition, some parts of the decent homes standard would be difficult to meet. For example, the standard requires each unit to have adequate kitchen facilities, but single living accommodation units do not necessarily all have their own kitchens, because full professional subsidised catering is provided on defence bases or sites. For that very reason, civilian housing with shared facilities, such as purpose-built student accommodation, is typically not covered by the 2006 decent homes standard.
Mike Martin
That is not what new clause 1 seeks to do. It is about amending the Renters’ Rights Act so that defence housing standards cover both service family accommodation and single living accommodation, rather than applying the decent homes standard, as in the previous amendments we discussed.
Al Carns
I make it clear that we are not talking about amending the Renters’ Rights Act; we are talking about the Armed Forces Bill, but I am happy to take this offline and talk about the nuance between the two if required. We need to be clear that this does not mean we are complacent about the condition of single living accommodation—far from it. We are committed to driving up the quality of single living accommodation across the entire estate and ensuring that people get the experience they deserve if they are to serve on the frontline.
The Minister for Veterans and People has commissioned an independent review and is working on it now, and the single living accommodation piece should be complete by the summer. I will strongly recommend that she engage with the hon. Gentleman to talk through how we can work collaboratively towards the best solution for defence personnel. The review is the right vehicle for this work; it is targeted, expert-led and focused on the specific needs of those who serve.
Our commitment is simple: we will deliver safe, comfortable and well-maintained accommodation for our service personnel, taking into account the unique nature of service as a whole. I hope that reassures the Committee. On that basis, I ask the hon. Gentleman not to press amendment 2 or new clause 1.
Mike Martin
In the light of the Minister’s words— I know him well from before we came into politics—I am happy to take him up on his offer, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: 3, in clause 3, page 8, line 16, at end insert—
“(6A) The standards in subsection (6) must at a minimum meet the 2006 decent homes standard.”—(Mike Martin.)
This amendment requires that the framework agreement governing the new Defence Housing Service must at a minimum meet the 2006 decent homes standard.
I beg to move amendment 16, in clause 3, page 9, line 27, at end insert—
“(4) The Chief Executive of the Defence Housing Service must report directly to the Minister of State for the Armed Forces regarding the performance of the Defence Housing Service.”
This amendment requires the Chief Executive of the Defence Housing Service to report directly to the Minister of State for the Armed Forces regarding the performance of the Defence Housing Service.
The amendment relates to the reporting chain of the proposed new Defence Housing Service. In essence, it means that once the Defence Housing Service is established, it should report directly to the Minister for the Armed Forces regarding the performance of that service.
The genesis of the amendment is that when we were taking further evidence on the proposals for the DHS a little over a week ago, there appeared to be some ambiguity about how exactly it will report to Ministers. As I recall, we were told that it will have a partial reporting line, or the equivalent, into DIO headquarters—to keep it in the loop, I think—but that it will also report to Ministers via the National Armaments Director. At first hearing, that is somewhat surprising.
As a person who is primarily appointed to sort out the procurement challenges facing the Ministry of Defence, of which we all know there are many and about which I have railed for years, not least on the Defence Committee—it is all on the record—the NAD is not the most obvious choice to oversee an organisation designed to provide high-quality housing for service personnel and their families. It seems odd. In short, the NAD will have enough problems sorting out issues like Ajax— I refer the Minister to the answer I gave some moments ago about Ajax—and the propulsion systems of the Type 45 destroyer and so on, without having to worry about the challenges of defence housing as well.
The new system in the MOD is part of what one might call the quadripartite arrangement in the post-Levene model of defence reform, and by that I mean the process not the party—in passing, of course, Reform Members are not on this Committee, but they hardly ever turn up during defence debates in the Commons anyway, so it is not much of a loss. We now have effectively four main pillars within the Ministry below ministerial level. We have the permanent secretary, with responsibility for MOD centre and administrative matters; the Chief of the Defence Staff, unsurprisingly responsible for specifically military matters; the National Armaments Director for matters relating to procurement and—dare I mention it—the defence equipment plan, which is part of the defence investment plan; and, lastly, the Chief of Defence Nuclear, for all aspects of the nuclear deterrent and the associated shore-based infrastructure, which is now, as the Minister will know, a very challenging area for the Department.
Al Carns
Amendment 16 would require that the chief executive of the Defence Housing Service reports directly to the Minister for the Armed Forces, which is my current role. In the way it is written, it would confuse accountability in the Defence Housing Service, undermine the role of the board in particular, including the role of the family representatives, and risk duplicating lines of ministerial accountability that are already set out in the Bill.
From my perspective, when we have an issue, in defence or in any organisation, it is down to either a lack of understanding, command or control or a lack of accountability. I want to ensure, and reassure, that when the board reports on the Defence Housing Service and its deliverables, it is unfiltered and untainted as it hits ministerial offices. The governance of the Defence Housing Service has been carefully set out to provide the right balance between independence, accountability and ministerial oversight.
For the organisation to deliver its objectives, it must operate alongside strategic oversight by the Department, including accountability to Ministers and Parliament as a whole. Under established arrangements for arm’s length bodies, arrangements that operate across Government, responsibility for overseeing performance sits with the body’s board, with the chair acting as the principal interface with Ministers. It is critical that the chair is the principal interface with Ministers, reducing the ability of anyone to filter or taint any reports as they come up and through.
The Defence Housing Service will remain accountable to Ministers through that board and via departmental sponsorship and arrangements, alongside increased reporting to Parliament on its performance, as set out in the Bill. The DHS will continue to work closely with departmental teams, which will be covered in the MOD framework document in the usual way. It will be operationally independent, within the scope of the framework document and the legal powers in the Bill.
Critically, for its day-to-day activities, the organisation will be accountable to an expert, independent board, which will be appointed by the Secretary of State. The board will include a family representative, alongside the service family involvement in the wider governance, to ensure that the Defence Housing Service is held to account by not only those with appropriate expertise but the families that it has been set up to serve. Given its importance, it is right that ministerial reporting be held at Secretary of State level, rather than with the Minister for the Armed Forces. I was responsible for the delivery of the strategy, but housing is not necessarily within my portfolio.
Given the clear and comprehensive arrangements I have outlined, the amendment is unnecessary and I urge the right hon. Member to withdraw it.
The Chair
With this it will be convenient to discuss the following:
Schedule 1 stand part.
New clause 7—Feasibility study on a Forces Housing Association—
“(1) Within 12 months of the passing of this Act, the Secretary of State shall publish a detailed feasibility study into the possibility of establishing a Forces Housing Association (FHA).
(2) The Study must examine the proposals in Chapter 5 of the 2020 Report ‘Stick or Twist – A Report for The Prime Minister into Retention in HM Armed Forces – and how to improve it’.
(3) The Secretary of State must lay a copy of the study before each House of Parliament.”
This new clause would require the Secretary of State to conduct a feasibility study into the merits of establishing a Forces Housing Association (FHA) as opposed to the proposed Defence Housing Service.
Al Carns
Clause 3, together with schedule 1, creates the Defence Housing Service, a new public body dedicated to improving the supply and quality of defence housing and spearheading the regeneration of defence communities. Our Defence Housing Service sets out a vision for the future transformation of military homes, 90% of which will be upgraded, renewed or rebuilt through a record £9 billion investment over a decade. The Defence Housing Service is the vehicle to drive that transformation.
The clause confers on the Defence Housing Service the functions of
“improving the supply and quality of defence housing,”
the management, regeneration or development of land used for defence purposes and
“supporting in other ways—
(i) the creation, regeneration or development of service communities, and
(ii) the continued wellbeing of those communities.”
To fulfil those functions, the Defence Housing Service will be empowered to generate income from property and to manage land on behalf of the Secretary of State and others. It may enter into contracts, buy and sell property, borrow money with Treasury approval, provide financial assistance and form partnerships or joint ventures. It will also have compulsory purchase powers to acquire land for any purpose connected with its functions. The Defence Housing Service will be accountable to Ministers. It must have regard to guidance issued by the Secretary of State and comply with the terms of the framework agreement entered into with the Secretary of State.
Forces families have previously been let down by homes that are not fit for purpose; we are determined and focused on delivering that. A new set of military housing standards that are fit for service family life will be established, including the decent homes standard, which the Defence Housing Service will be required to meet, under the terms of the framework agreement. The Defence Housing Service will lead the renewal and development of military homes across the United Kingdom, while unlocking the potential to deliver 100,000 homes of all types on developed MOD land.
I note that the Minister never answered my previous inquiry about the bonus arrangements for the NAD. He is speaking to the clause standing part of the Bill, so perhaps he can tell me now—though he may need to seek inspiration. What are the bonus arrangements for the NAD relating to the DHS? What metrics will be applied?
Al Carns
The board of the Defence Housing Service will be accountable to the Secretary of State. I will not go into the detail of the NAD’s bonuses and how they are credited in the Bill, because they are not related.
That renewal will not only benefit the country as a whole in delivering against wider Government housing and economic growth targets but follow a “forces first” principle, prioritising current and former military personnel wherever possible. The Defence Housing Service will transform military housing, improve quality of life for service families and ensure that Defence housing is finally properly managed in a professional and efficient manner.
David Reed
Referring back to the intervention of my right hon. Friend the Member for Rayleigh and Wickford, the bonuses are an important part of the Bill. If accountability for housing is now going through the National Armaments Director, and we are seeking to increase visibility so that we can scrutinise what is happening in the Defence Housing Service, that bonus part is important. Maybe this is an area for the Committee of the whole House, but we have to dig into it.
Al Carns
On the question of accountability, the board will report directly to the Secretary of State. There will be no filtering and no taint on any information coming up. Therefore, I do not necessarily agree with the premise of the hon. Gentleman’s intervention.
I will address new clause 7 in my closing remarks.
Yes, and in the immortal words of Mandy Rice-Davies, they would say that, wouldn’t they? We were proposing a slightly more market-oriented solution. Registered social landlords are somewhere between the public and private sector. They are not entirely private entities or entities of the state, but are, practically, somewhere in the middle. As I have already said from experience, they vary in quality, but to be fair, I have seen what good looks like. I appreciate the knowledge of the hon. Gentleman. He has a proud background of service in the Royal Engineers. He qualified as a clerk of works, which is no mean feat, so I appreciate that he knows his onions. None the less, the point he puts across came from the other side of the fence—no pun intended. Of course they would argue that.
The purpose of tabling new clause 7 was so we could debate the relative merits of the two systems. If we think of this as a spectrum, the old DIO was at the most statist end, the Defence Housing Service as proposed is one notch further along to something more market-oriented, and we are proposing something another notch further along the spectrum. The Minister is listening intently; hopefully he understands the analogy.
As I said at the beginning, I do not believe there is any violent disagreement, or indeed any disagreement at all, about what the Committee is trying to achieve. We all want service family accommodation of the best possible quality for our personnel and their families; the debate is about how we best get to that objective. We were asking the Government to conduct a feasibility study, perhaps slightly more independently than the response that the hon. Member for South Ribble just cited, and to come back a year later, before the Defence Housing Service is fully up and running, to see whether there might be a better way of doing it or whether it could be tweaked. We might return to this on Report, but that is the background, the genesis and the stimuli of our proposal.
When we did the visits—it was a former Minister, a politician in a suit, coming down to a military establishment—we sat 20 people down in a room and gave them the scenario of the corporal’s conversation at the kitchen table as a bit of an icebreaker. To begin with, everyone looked at everyone else, and they were all a bit nervous about saying something. One person then said something, and the dam broke: everybody wanted to pitch in, and everybody had a contribution to make. That taught me how powerful all of this is. We had a number of specific examples when people of varying ranks told us, “We are going to leave the service of the Crown, because of our concerns about housing.”
I know from experience that this really matters to service personnel and their families. I apologise for trying the patience of the Committee this morning, Mr Efford—in all seriousness, you have everything in Greenwich, including your own barracks, so you will be very familiar with these matters yourself. I hope Members understand the spirit of what we are trying to do with new clause 7.
On clause 3, I think we have had a good debate this morning, and we have tested some of the issues fairly well. I hope we have done our duty, and no doubt we will wish to return to some of these issues on Report, not least the prospective bonus for the National Armaments Director. I will conclude there, and I am genuinely interested to hear the Minister’s reply and the opinions of any other members of the Committee.
Al Carns
New clause 7 would require there to be a feasibility study when establishing a forces housing association, but before I go into the detail, I will reflect on some of the comments made by the right hon. Member.
Recruitment and retention are intrinsically linked, as both the Government and the Opposition acknowledge. We have introduced lots of changes in recruitment and retention over the last year and a half, but there is much more to do. While it differs across the services, overall we are seeing a 13% uptick in recruitment and an 8% reduction in outflow, which is the first time we have seen a change in direction for 14 years. There is much more to do, but we are heading in the right direction.
One of the reasons we are heading in the right direction is because I genuinely believe that our armed forces personnel can see that we are doing the right thing, particularly with accommodation. The right to a family life is one of the critical components of anyone serving, and that looks like safe, secure, warm and dry accommodation, whether single living or family accommodation. To give a small example, I went through marine training in 1999, and the accommodation in which I was housed was still in place in 2024, when I came back to be the unit’s commanding officer. In 1999 it was terrible, and in 2024 it was unworkable. We need to get after those accommodation issues and put them right. I am absolutely confident in the Defence Housing Service, and the strategy review comprehensively looked at single living accommodation and family accommodation, and we are putting them on the right track to deliver significant change.
It is not lost on me that the drafting system in the military can put an undue amount of pressure on individuals; I have been on a satellite phone to my children on their birthdays in the middle of all sorts of carnage, with helicopters burning and turning in the background, or with incoming rounds in Afghanistan. It puts exceptional pressure on families, so the ability to return to a safe and secure place is the least that we can provide.
The independent strategy produced prior to the establishment of the Defence Housing Service was exactly that: it was independent, and it took a huge amount of advice from a variety of people. Most importantly, the families federations fed into that process and ensured that their voices were heard. The quote highlighted by my hon. Friend the Member for South Ribble was only reinforced by the oral evidence given by Natalie Elphicke Ross OBE, when discussing the strategy review in response to the hon. Member for Solihull West and Shirley. The view was firmly held throughout the entire review that the housing association model was not the right approach, and it was not included in its recommendations.
It is worth noting that, while there were a plethora of strategic issues during covid, the previous Conservative Government did not adopt the totality of the “Stick or Twist?” report produced by the right hon. Member for Rayleigh and Wickford, although it contained valuable points. A housing association model would jeopardise the close working with the military that is essential to ensuring appropriate operational capability. It would also put at risk the Crown basis on which personnel occupy their homes. Crown immunities allow the Ministry of Defence to move personnel at pace, without some of the regulatory constraint that we would have otherwise, which is vital for operational effectiveness. We must also bear in mind that we have more throughput in the armed forces than probably any other organisation or housing association in the country.
For the record, that was the one recommendation in the “Stick or Twist?” report that was not adopted. All the other recommendations were adopted, including spending a lot of money on wraparound childcare because, again, childcare was a very important point for retention. Ben Wallace told me that he used the report to get quite a bit of cash out of the Treasury, so that recommendation about childcare was one that we did manage to get through. For the record, this was the one recommendation that was too much for the system to bear.
Al Carns
Perhaps that is why we are not taking it forward now.
Furthermore, the Ministry of Defence heavily subsidises rents. There have been suggestions that the Defence Housing Service could borrow private finance off the balance sheet if it was a housing association rather than a public body. However, expert advice from the Treasury, the Cabinet Office and others confirms that is not the case. The exclusivity of the defence housing purpose and the scale of MOD payments mean that such financial arrangements are not feasible.
Equally important, and close to my heart, is the welfare of service personnel and their families. Evidence presented to the defence housing strategy review team revealed that local commands exercised significant discretion to support personnel in a plethora of difficult circumstances, such as bereavement. That welfare-based discretion is a cornerstone of armed forces culture, and moving housing management to a third-party provider could put it at risk, undermining this vital welfare function. Finally, the planned housing renewal programme demands very close working relationships with military commands to ensure that it supports operational effectiveness rather than undermining it. Such close collaboration is not realistically achievable through a private or third sector body.
David Reed
I refer the Minister back to amendment 16 on the line of accountability. He makes the point about adding an extra layer and removing accountability from the Minister for the Armed Forces. Does he not see that that is the point that we are trying to make? Making the CEO for DHS report directly to the Minister for the Armed Forces would give him an unfiltered view, so that he can do this work on bereavement or the state of housing. This direct line of accountability would give him that power.
Al Carns
There is some confusion here. The Minister for the Armed Forces does not deal with the housing, the people or the welfare; he deals with the operation and policy output. There is a clear understanding of that. Amendment 16 refers to
“ the Minister of State for the Armed Forces”.
That is the wrong role, so the amendment is wrong.
Let us just stick to the point. The board itself will be accountable to the Secretary of State. That is the cleanest way to provide a sharp and crisp command and control model, and to allow the Secretary of State to make sure that the board, which has family members on it, provides the best service. Let us not misunderstand some of the ranks, roles and responsibilities within defence.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Christian Wakeford.)
(5 months ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
We are now sitting in public and the proceedings are being broadcast. Before we continue line-by-line scrutiny of the Bill, I have a few reminders for Committee members. Please switch off or silence electronic devices. No food or drink, other than that provided, is permitted during our sittings. Hansard would be grateful if Members could email their speaking notes or hand them to the Hansard colleague in the room.
I remind Members to bob to catch my eye if they wish to speak in any debate. The selection list for today’s sitting, which is available in the room and on Parliament’s website, shows how the clauses, schedules and selected amendments have been grouped for debate.
Clause 4
Interference with uncrewed devices
Question proposed, That the clause stand part of the Bill.
The Minister for the Armed Forces (Al Carns)
It is a pleasure to serve under your chairmanship again, Mr Efford. Defence needs to protect itself from crime with security measures that will deter, detect and defeat criminal activities, including those directed by hostile states, that threaten its critical sites or operations. Currently, the only authorisation process that enables interference with drones that might be used to commit crimes that threaten defence operations and assets is in part III of the Police Act 1997. Only the civilian police can obtain such an authorisation to deal with these threats.
The increase in drone activity around defence sites means that defence cannot rely on local police forces for its security requirements. The emergence, in Ukraine and elsewhere, of drones as a new frontier of warfare has brought into sharp focus the urgent need for defence to meet this rapidly developing threat, not only in operational theatres but here in the UK, to protect defence operations and bases. We must have ways to protect ourselves from the threats posed by drones, be they in the air, on land or on or under water.
Clause 4 will create a regime whereby defence personnel can obtain authorisation to use approved equipment to prevent drones from being used to commit criminal offences in relation to defence sites and property in the UK. The regime will consist of a two-stage approval process.
The first stage will consist of a senior person in defence—a two-star military officer or civil service equivalent—giving authorisation for the use of approved equipment to detect and prevent relevant offences. Applications for authorisations can be made only by defence personnel; before giving an authorisation, they will need to be satisfied that it is appropriate, in the interests of national security, that it be given. An authorisation can cover one or more defence areas, particular defence property or a description of property. This stage will ensure that appropriate areas and property can be protected using the appropriate equipment. Defence areas include sites in the UK used for the purpose of defence, as well as sites used by visiting forces. Defence property includes vehicles and vessels in the UK. It will be possible for an authorisation to cover a description of such property—royal naval vessels, for example—so that it is not necessary for each one to be individually identified.
To ensure that the new regime is agile, we have not specified the type of equipment that can be used under an authorisation, or taken a power to prescribe this in regulations. Instead, the Secretary of State will need to approve equipment before it can be used. This will allow new equipment to be used as swiftly as possible to protect defence interests. The approval process will be governed by defence policy, which will ensure that equipment is safe to use or test in the UK. An authorisation can last for up to 12 months and may be renewed; it can also be varied or revoked.
The second stage in the authorisation process involves a responsible person. Before approved equipment can be used, the responsible person must be satisfied that it will be used only in accordance with the authorisation that covers the area or property to which it relates. Furthermore, before equipment can be used to detect and defeat a drone, the responsible person must be satisfied that it is both reasonable and proportionate to do so. I commend the clause to the Committee.
David Reed (Exmouth and Exeter East) (Con)
It is a pleasure to serve under your chairship, Mr Efford. As we all know, drones and other uncrewed systems are rapidly reshaping modern defence and are already central to surveillance, logistics and frontline operations. Their importance will only grow in the years ahead. For our armed forces, they offer speed, precision and flexibility; for our adversaries, they present new and evolving threats that we must be ready to counter. That is why the clause matters.
My own limited experience was back in the early 2010s, when I saw drones brought into military service in our operations in Afghanistan. Those pieces of kit were really expensive and large, but we could see how they were reshaping the modern battlefield. Looking at how the technology has evolved over the years, the first signs that I saw were in how prisoners were working with criminal networks on the outside to deliver drugs and other contraband into prisons. They were using cheap, commercial, off-the-shelf drones to carry out those illegal acts. The barrier to entry for such products has fallen significantly. Our military now has to contend with protecting military sites, bases and other critical assets from people who can buy cheap drones that have a big operational effect, so new powers need to be given to our armed forces people.
We will have more opportunities to strengthen these powers. We support what the Minister proposes, but we will discuss new clauses at a later sitting. The success of clause 4 will depend on whether the wider system supports it. We have heard repeatedly from colleagues across the House about regulation issues with testing autonomous systems in UK airspace or waters. Multi-departmental efforts will be required to take away some of the regulation, so that we can give defence manufacturing and our armed forces the ability to test the new technologies and implement them in their operational output.
Our armed forces must be equipped with not just the tools, but the doctrine and training to use them effectively. We have a clear opportunity for change. The United Kingdom has the expertise and the industrial base to lead in uncrewed systems, which is good for the export market. Clause 4 provides part of the foundation, but it must be matched by practical action to ensure that the capabilities can be delivered at scale. If we get it right, we will strengthen our national security, our defence industry and our critical national infrastructure; if we fall behind, others will set the pace. The choice is ours.
Sarah Bool (South Northamptonshire) (Con)
It is a pleasure to serve under your chairmanship again, Mr Efford, after the Easter recess. I believe that the Minister clarified this point, but I ask for confirmation: will the extension of anti-drone permissions extend to US bases such as RAF Croughton in my constituency?
Al Carns
The clause is exactly what we need. The explosion in drone systems across the world requires the proper legislation, and the clause will fit that purpose.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5
Sexual harm prevention orders and sexual risk orders
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Schedule 2.
Clause 6 stand part.
Schedule 3.
Clauses 7 to 9 stand part.
New clause 12—Protective Orders: Persons No Longer Subject to Service Law—
“(1) This section applies where a person—
(a) is charged with, or has been convicted of, an offence within the service justice system, and
(b) was subject to service law either at the time of the alleged conduct or at the time of the charging decision, whether or not they remain subject to service law at the time of trial or sentencing.
(2) A service court may make any of the following orders in respect of a person as if they were still subject to service law—
(a) a sexual harm prevention order or interim sexual harm prevention order (see sections 103A to 103K of the Sexual Offences Act 2003);
(b) a sexual risk order or interim sexual risk order (see sections 122A to 122K of that Act);
(c) a service domestic abuse protection order;
(d) a service stalking protection order;
(e) a service restraining order (see section 229 of the Armed Forces Act 2006).
(3) An order made under subsection (2)—
(a) has effect as if made by a civilian court of equivalent jurisdiction, and
(b) is enforceable accordingly.
(4) The Secretary of State may by regulations make provision for the recognition, enforcement and variation of orders made under this section, including provision about which court has jurisdiction to vary or discharge such an order after it is made.”
This new clause ensures service courts can impose protective orders on individuals who leave service before trial, preventing avoidance of such orders simply by leaving service.
Al Carns
Clauses 5 to 7 and schedules 2 and 3 relate to protection orders. The Government are committed to providing safety, justice and real support for all in the defence community, both now and in future, which is why a particular focus of the Bill is on protecting victims of serious sexual and violent crimes.
Currently, the service justice system cannot impose the full suite of protection orders that are available in the civilian criminal justice system. That can create inconsistencies and critical gaps in victim safeguarding, particularly where cases are based overseas and are therefore under the jurisdiction of the service justice system. It means that there are key vulnerabilities, insufficient protection powers in the SJS in comparison with the civilian system and, as existing orders do not convert into civilian equivalents, gaps in protection when a subject leaves service. Those gaps place victims, both in defence and in the wider public, at risk of continued harm. They mean that victims in the service justice system do not always receive the level of protection to which they would be entitled in the criminal justice system.
Clauses 5 to 7 will address those inconsistencies and will be central to providing enduring protection for victims by enabling service courts to make interim and full protection orders and notices that are enforceable even after someone leaves the service. Those service orders include sexual harm prevention orders, sexual risk orders, domestic abuse protection notices and orders, stalking protection orders and restraining orders. The clauses will align the justice systems to ensure that no member of the defence community is left with lesser protections than their civilian counterparts. They will empower the service police to apply for interim and full orders and will empower the service courts to impose them, ensuring that victims receive enduring protection from further harm. The powers apply to service personnel and civilians subject to service law both in the UK and overseas, ensuring their worldwide application.
The service police are members of the armed forces who perform broadly the same role for the armed forces, wherever they are in the world, that their civilian counterparts perform in police forces across the UK. Although the service police currently operate in line with the principles of the guidance issued by the Home Office on disclosure of police information, the fact that they have no statutory duty to do so is a disparity with the civilian system. Clause 8 will therefore impose a requirement on the service police to have regard to existing statutory guidance about the disclosure of police information for the purposes of preventing domestic abuse, sexual offending and stalking. It will also amend section 77 of the Domestic Abuse Act 2021 to include the Ministry of Defence police in the list of police forces that need to have regard to the domestic violence disclosure system. This will better protect potential victims from the risks associated with domestic violence, sexual offending and stalking.
Clause 9 will ensure that offenders who have, for example, been sentenced to 12 months’ imprisonment by a court martial for controlling or coercive behaviour in an intimate or family relationship are automatically supervised under multi-agency public protection agreements. Once those offenders are released from prison, they will be managed in the community in the same way as if they had been sentenced by the Crown court. If offenders under the scope of clause 9 are not managed under MAPPA when released on licence into the community, it may be harder for police, prisons and probation services to work together to protect the public and manage the risk that the offenders pose.
I will speak to new clause 12 in my closing remarks.
Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)
It is a pleasure to serve under your chairmanship, Mr Efford. I am grateful for the opportunity to speak in support of new clause 12 and offer broader support for clauses 5 to 9, which represent a significant strengthening of the protective framework in the service justice system.
It is worth setting out the basic principle that the armed forces justice system must be capable not only of dealing fairly and effectively with wrongdoing, but of ensuring that the protection of victims and management of risk do not fall between institutional cracks. The credibility of the service justice system depends on continuity, coherence and, above all, confidence that protective measures will not be undermined by procedural happenstance.
Clauses 5 to 9 make important and welcome progress. They will extend the availability and operation of sexual harm prevention orders, sexual risk orders, domestic abuse protection orders, stalking protection orders and restraining orders in the service justice system. They make provision for enforcement, variation and guidance structures, including in respect of the important role of provost marshals and service police in the exercise of those functions. The clauses will modernise the service justice landscape in a way that recognises the reality of contemporary risk management. They will ensure that service personnel and civilians subject to service discipline are not operating in a parallel system that is less capable of protecting victims or managing dangerous individuals. In particular, the extension to the service courts of protections against domestic abuse and stalking is a welcome alignment with civilian criminal justice standards, ensuring consistency of safeguarding irrespective of jurisdiction.
However, as is often the case in the refinement of complex statutory schemes, there remains a narrow but important residual gap, which is precisely what new clause 12 seeks to address. The core issue is one of jurisdictional continuity. At present, protective orders in the service justice system are clearly available while an individual is subject to service law. Clauses 5 to 9 also go further by making provision for enforcement in certain circumstances in which the individual ceases to be subject to service discipline after an order has been made. A difficulty arises, however, in the transitional space where an individual is charged or even convicted while subject to service law, but ceases to be subject to service law before the protective order is imposed or finalised. Without express provision, there is a risk that such an individual, by virtue of leaving service, will fall outside the effective reach of the service court’s protective jurisdiction at precisely the point at which such orders are most necessary.
New clause 12 performs a simple but important function. It would provide that where a person is charged with or convicted of an offence in the service justice system and was subject to service law at the relevant time, the service court may impose specified protective orders as if the person remained subject to service law. It is, in effect, a statutory deeming provision, preserving jurisdiction for protective purposes notwithstanding the cessation of service status.
The legal merits of that approach are clear. First, it prevents what might properly be described as jurisdictional arbitrage. Without such a provision, there is a theoretical, though in practice very real, risk that individuals could seek to avoid the imposition of protective orders by leaving service prior to trial or sentencing. Even if such behaviour is not deliberately engineered, the mere existence of a gap creates inconsistency and undermines confidence in the system. The protective reach of the service justice system should not be rendered contingent on administrative status at a particular moment in time.
Secondly, the new clause reflects a well-established principle in criminal justice, which is that protective orders are ancillary to the underlying offence and risk posed by the offender, not merely to their procedural status. The civilian courts retain wide powers to impose protective orders at sentencing precisely because the assessment of risk is rooted in conduct, not institutional affiliation. New clause 12 would ensure that the service courts are placed in an equivalent position, recognising that the underlying risk does not evaporate simply because service status changes.
Thirdly, the new clause would promote legal certainty and coherence. Through clauses 5 to 9, the existing framework already recognises that certain orders may continue to have effect or be enforced after a person leaves service. However, enforcement is not the same as imposition. It is logically and legally cleaner to ensure that the court retains the power to make the order at the point of disposal, rather than relying on subsequent conversion or deeming mechanisms. The new clause therefore fills a structural gap and ensures that the life cycle of protective orders is not disrupted by jurisdictional transition.
Fourthly, the new clause is carefully drafted in respect of its propriety. It would not create an unfettered or novel category of punitive power. Rather, it would explicitly confine the service court’s ability to make orders to those that it would have been able to make had the individual remained subject to service law. It is, in essence, a continuity provision, not an expansion of jurisdiction.
Importantly, subsection (3) of the new clause would provide that such orders are to have effect
“as if made by a civilian court of equivalent jurisdiction”
and are “enforceable accordingly.” That is a critical safeguard. It would ensure interoperability between the service justice system and the civilian criminal justice system, avoiding the creation of parallel regimes that might otherwise give rise to confusion about enforcement authority.
Subsection (4) of the new clause, enabling the Secretary of State to make regulations regarding recognition, enforcement and variation, is also welcome. It would provide necessary flexibility in an area where procedural interfaces between service and civilian jurisdictions must be capable of adjustment over time. In particular, it would allow for clarity as to which court is best placed to vary or discharge orders once a person has fully transitioned out of service life. That is a sensible delegation of secondary rule-making power, consistent with the established constitutional practice in this field.
Rachel Taylor (North Warwickshire and Bedworth) (Lab)
It is a pleasure to serve under your chairship, Mr Efford. I welcome the clauses we are considering. This Government were elected to renew the nation’s contract with those who serve, and this Bill promises to do that. We cannot do it without ensuring that armed forces personnel are protected from sexual and violent behaviour, domestic abuse, stalking and harassment. We must ensure that, if such incidents do happen, justice is swift and victims are supported.
As far as possible, the service justice system reflects the provisions of the civilian justice system, and the Bill is modernising and improving victim support. It was extremely helpful to speak to those involved in the service justice process, and I thank the Chair for organising those visits, which helped to inform us all.
Among the key measures being introduced are the sexual harm prevention orders and the sexual risk orders, which can be issued in the service court in response to provost marshal. The Bill also allows for service domestic abuse protection notices to be issued by the service police, and for service domestic abuse protection orders and service stalking protection orders to be issued by the service courts. This will ensure better protection for personnel and civilians.
The Bill also solves the discrepancy that exists between service courts and civilian courts if an offender is sentenced by the service court when they have committed a serious offence. Currently, the transfer from the service courts to the civilian justice system is undertaken on a discretionary basis. The Bill will modernise that system, and bring offenders sentenced by the service courts into line with the civilian justice system. The Bill will better support victims of a service offence by streamlining the complaints procedure.
I have some sympathy with the arguments behind new clause 12 and a great deal of respect for the right hon. Member for Rayleigh and Wickford. However, in practice, individuals cannot simply leave the armed forces to avoid proceedings. A serviceperson will not be discharged or given a final leaving date until disciplinary or criminal proceedings have been properly concluded. Even after an individual has already left service, sections 57, 58 and 61 of the Armed Forces Act 2006 allow them to be charged with an offence committed while they were subject to service law. My argument in respect of new clause 12 is that it is simply not necessary. However, I think dialogue between the Minister and the right hon. Member would be welcome.
Al Carns
I thank the right hon. Member for Rayleigh and Wickford for tabling new clause 12, which seeks to ensure that service courts can impose protective orders on individuals who leave service before trial and preventing the avoidance of such orders simply by leaving the service. I recognise the good will and the sentiment behind new clause 12. However, it is not needed.
I want to be clear that individuals should not be able to evade accountability for their conduct and that safeguarding measures must not fall away simply by reason of service or leaving the armed forces. Protecting victims of domestic abuse, stalking and sexual harm is a clear priority of this Government. The reality is that individuals cannot simply leave the armed forces to avoid proceedings—they just cannot. It is actually relatively complicated to leave the armed forces. A serviceperson will not be discharged or given a final leaving date until disciplinary or criminal proceedings have been properly concluded.
Importantly, if for some reason an individual were to slip through the net and leave the service, sections 57, 58 and 61(2) of the Armed Forces Act 2006 allow them to be charged with an offence committed while they were subject to service law. Such a charge may be brought within six months of their leaving service, or after six months with the consent of the Attorney General, ensuring that service courts can still exercise that jurisdiction when necessary.
The Government have engaged with experts, including the Home Office, the Defence Serious Crime Command and safeguarding teams in the design and creation of service protection orders to ensure that they are robust and effective. That includes ensuring that service protection orders will be recognised and enforceable within civilian courts. That means that where a protection order is made, the Bill provides for those orders to transition to the civilian justice system once an individual leaves service and provides enduring protection for victim-survivors. The reality is that people cannot just leave the military, especially if they are under investigation. Secondly, if they do, they are still subject and can be pulled back for a minimum of six months. Taken together, that approach provides continuity, confidence and protection beyond service.
David Reed
The Minister is laying out a very well-structured argument, and I see many of the points, but I wonder about certain circumstances. For instance, if a serviceperson took drugs and was kicked out—they have to abide by those rules, which we all know about in the armed forces—what would then happen?
Al Carns
If there were criminal proceedings, he would be held to account in the service justice system for up to six months after the case. It is relatively simple. As we know, it is quite hard to leave the military, and when someone does, they are still subject to service law for six months after they have left.
The Government do not believe that new clause 12 is necessary and I therefore invite the right hon. Member for Rayleigh and Wickford not to press it. I also commend clauses 5 to 9 and schedules 2 and 3 to the Committee.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clauses 6 to 9 ordered to stand part of the Bill.
Clause 10
Victims of service offences
Question proposed, That the clause stand part of the Bill.
Al Carns
Clause 10 places a duty on the Secretary of State for Defence to issue an updated code for victims in the service justice system. The existing armed forces code of practice, which identifies the services and support to be provided to victims in the service justice system itself, is set out in regulation and has not been substantively modified since it was introduced in 2015. Clause 10 revokes the 2015 regulations. Since 2015, we have continued to make improvements to the service justice system to provide a better service to victims and witnesses, such as with the creation of the Victim Witness Care Unit, which I think the Committee saw when they went down to Portsmouth.
This clause will introduce important legislative changes to the service justice system that were made to the civilian criminal justice system through the Victims and Prisoners Act 2024. The legislation will require those responsible for providing a service to victims of service offences in accordance with the code to do so unless there are good reasons not to; and the flexibility afforded by guidance will allow future modifications and improvements to the service justice system to be easily reflected in the contents of the new code. Clause 10 also places a duty on the Secretary of State to issue guidance about victim support roles, improving clarity and encouraging greater consistency, so that service providers will be held to similar standards as their equivalents in the civilian criminal justice system.
David Reed
Clause 10 is a necessary and proportionate step to ensure that victims of service offences are properly recognised and supported within the military justice system. Those affected by such offences often face distinct pressures linked to service life, including close living and working environments and concerns about reporting within the chain of command. Strengthening protections and support mechanisms helps to build confidence in the system, encourages reporting and reinforces the principle that service personnel are entitled to the same standards of justice and care as any civilian. This is an important measure in upholding both discipline and fairness across the armed forces.
Clause 11 strengthens the role of the Parliamentary Commissioner for Administration in a practical and necessary way. By allowing victims to bring complaints directly to the commissioner, it removes unnecessary barriers and ensures that their voices are heard more clearly and promptly. This change reflects a sensible and compassionate approach, particularly in cases involving service offences, where the experiences of victims must be treated with seriousness and respect. It reinforces accountability while improving access to justice.
Al Carns
Clauses 10 and 11, in reality, thicken out the service justice system and align it with the civilian justice system, providing greater freedoms and protections for anybody who is a victim within this system. I commend them to the Committee.
Question put and agreed to.
Clause 10 accordingly ordered to stand part of the Bill.
Clause 11 ordered to stand part of the Bill.
Clause 12
Service policing protocol
Ian Roome (North Devon) (LD)
I beg to move amendment 6, in clause 12, page 29, line 6, at end insert—
“115C Duty to refer sexual offences and domestic abuse to civilian police
(1) This section applies where a service police force or the tri-service serious crime unit is made aware of an allegation that a person subject to service law, or a civilian subject to service discipline, has committed a relevant offence in the United Kingdom.
(2) The Provost Marshal of the relevant service police force, or the Provost Marshal for serious crime, must immediately refer the allegation and transfer the investigation to the relevant civilian police force.
(3) In this section—
“relevant civilian police force” means the civilian police force for the area in which the alleged offence took place;
“relevant offence” means—
(a) any offence under the Sexual Offences Act 2003,
(b) an offence involving domestic abuse within the meaning of the Domestic Abuse Act 2021, or
(c) an offence of attempting or conspiring to commit an offence within sub-paragraph (a) or (b).
(4) The Secretary of State may by regulations specify further offences which are to be treated as a relevant offence for the purposes of this section.”
This amendment requires the Service Police and the Defence Serious Crime Command to refer all allegations of sexual offences and domestic violence to the civilian police forces for investigation and subsequent trial in the civilian justice system.
Al Carns
I thank the hon. Member for North Devon for his views on the Bill, but before providing comment on amendment 6, I will first speak to clause 12.
Currently, under section 115 of the Armed Forces Act 2006, there is a duty on individual provost marshals to seek to ensure that all investigations carried out by the service police are free from improper interference. Clause 12 provides a power to create a protocol that will support the provost marshal in complying with that duty, but it also goes further than that. It will set out how all members of defence can support such investigations and improve the working relationship between key stakeholders in support of service policing. That power is loosely based on the equivalent power under which the civilian Policing Protocol Order 2023 was created in the Police Reform and Social Responsibility Act 2011. The civilian protocol sets out the operational independence and governance structure in civilian policing in England and Wales. There is currently no equivalent to that in defence and no clear articulation of investigative independence for service police to enable personnel in defence to ensure the support of investigations.
The effect of clause 12 is that, through the protocol that it provides for, it will be formally articulated to the whole of defence how people in defence should exercise, or refrain from exercising, functions in order to improve working relationships and ensure that investigations carried out by the service police are absolutely free from improper interference.
Amendment 6 seeks to amend clause 12 to override the victim’s preference. That is the key issue: to override the victim’s preference by making sure that all investigations and prosecutions take place in a relevant criminal justice system of the UK. That cannot be the right way forward. By overriding the victim’s preference, the amendment risks increasing the victim withdrawal rate. Noting the procedural differences between the two systems, 2024 administrative data on adult rape-flagged cases shows that the withdrawal rate from civilian police investigations is 59% compared with 24% from the Defence Serious Crime Command. We heard that from various witnesses in evidence sessions. The amendment potentially risks making the victim withdrawal rate even higher in the civilian criminal justice system.
David Reed
We have talked a lot about the UK, but can the Minister give some clarity on when those offences happen abroad? Say, for instance, someone was on an overseas base in Cyprus, and the Cypriot police were to be involved. What would happen at that point and how would that affect the equation?
Al Carns
The hon. Member raises a very important point. I will have to come back to him with specific details and statistics on that, and I will write to the Committee.
As mentioned before, the amendment potentially risks making the victim withdrawal rate even higher than in the criminal justice system. It also risks the loss or erosion of “golden hour” evidence and the safeguarding of victims in cases of sexual offending or domestic abuse. That is because the amendment does not place a duty on civilian police forces to accept the case. That could make delays in the civilian criminal justice system worse. In 2024, investigations of adult rape-flagged cases in the criminal justice system in England and Wales took 338 days. That is higher than the 148 days seen in the service justice system, even when taking into account the further 72 days until charge is directed.
To reassure the Committee, the Government are committed to making sure that each case, in particular those involving sexual offences or domestic abuse, is dealt with in the right jurisdiction. The prosecutors’ protocols therefore provide for decisions on jurisdiction to be made on a case-by-case basis, taking into account the views of the victim. That is one of the most important points—the views of the victim and their preference. In the event that agreement cannot be reached in England and Wales, for example, the ultimate decision on jurisdiction lies with the Director of Public Prosecutions in the civilian system, so there is a fall-back mechanism. It is a priority for us that decisions on jurisdiction are made in a timely way and take into account the victim’s preference. That is why clause 25 strengthens the provision of information and support to victims when they are asked their preference on jurisdiction.
There are two points I would like to come to. The first is the horrendous case of Gunner Jaysley Beck and what has been done since that incident, but also the Sarah Atherton review that took place in 2021. Since then, there has been a huge amount of work—under both the previous Government and this Government—to ensure that the service justice system, and indeed military culture, is transforming in the right direction. I will be really clear: when I joined, in 1999, LGBT individuals were still not allowed in the military. The culture has moved. It moved slowly, but it is moving faster, I think, in the last five years and in the last two years than I have seen it move in a long time.
There have been a couple of key milestones in that movement. The first one is zero tolerance to unacceptable sexual behaviour. That zero tolerance has trickled down to every rank in the military. I remember implementing that direction for my staff when I was the chief of staff for the UK carrier strike force. That took place across the Army, the Navy and the Air Force. The Raising our Standards programme is a commitment to tackle unacceptable behaviours and to drive lasting cultural change—again, to try and move in the right direction. Importantly, the violence against women and girls taskforce change programme is now running in Catterick and Plymouth, something I launched when I was the Veterans and People Minister. There is also the tri-service complaint system.
All of those programmes are moving in the right direction to ensure that if anyone is a victim of sexual violence or harassment, they have a place to go to express their concerns. It also ensures that it is dealt with independent of the chain of command and allows the victim to raise issues and get them dealt with in the most effective and appropriate manner.
We are currently working on a formal information sharing agreement. Currently, information is shared with civilian police forces through local engagement during investigations. I am happy to continue dialogue and take that forward to make sure that that is more solidified, clear and standardised across various civilian police and military police elements.
The reality is that clause 25 strengthens the provision of information and support to victims when they are asked for their preferred jurisdiction. Therefore, this Government maintain that case-by-case decisions taking into account the view of the victim—and that is critical, the view of the victim—is the best way forward. I hope that provides necessary reassurance to the hon. Member for North Devon, and on those grounds I ask him to withdraw the amendment. I commend clause 12 to the Committee.
Ian Roome
I will withdraw the amendment, but I ask that the Minister takes on board the comments made by the hon. Member for Solihull West and Shirley in his powerful speech, so that this can come out on Report. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 12 ordered to stand part of the Bill.
Clause 13
Entry for purposes of obtaining evidence etc
Question proposed, That the clause stand part of the Bill.
Al Carns
The purpose of clause 13 is to extend the powers of judge advocates to enable them to issue search warrants, which can include other premises that are occupied or controlled by a person subject to service law, or a civilian subject to service discipline, but are not necessarily occupied as a residence. Examples include vehicles, boats or storage containers. Clause 13 also aligns the definition of premises in the Armed Forces Act 2006 with that in section 23 of the Police and Criminal Evidence Act 1984—also known as PACE.
Turning to clause 14, under existing powers in section 314 of the 2006 Act, the UK civilian police can arrest a serviceperson reasonably suspected of committing the offences of desertion or absence without leave, commonly known as AWOL. Clause 14 extends those powers to include servicepersons reasonably suspected of committing the service offence, under section 12 of the 2006 Act, of disobedience to lawful commands.
A lawful command may be given by a commanding officer or the service police to protect victims from further harm, or indeed to prevent the risk of further offending by the suspect. Those may include restrictions on places that the suspect can visit, such as specific buildings or addresses, or people with whom they can have contact. By enabling the civilian police to arrest someone suspected of breaching such orders, their enforceability will be enhanced.
Turning to clause 15, the 2006 Act allows only the commanding officer of a suspect to authorise their pre-charge custody after arrest. This can sometimes create delays in the investigation process or risk further harm to victims or witnesses. Since the establishment of the Defence Serious Crime Command, the increased volume and complexity of its caseload have rendered the issue progressively more challenging.
Clause 15 creates a power for all the provost marshals to authorise pre-charge custody for service offences. This will apply to arrests for schedule 2 offences and offences that would attract a sentence of over two years’ imprisonment in the civilian criminal justice system. It will also apply to schedule 1, part 2 offences where permission has been refused for a commanding officer to deal with the matter summarily, and to attempted versions of the offences. Clause 15 will also apply where prescribed circumstances exist, such as repeated assaults on two or more occasions, or where a senior rank has inflicted serious injury on a service person.
Clause 15 also extends the existing powers for commanding officers, and the associated safeguards, to the four provost marshals. These safeguards include the 12-hour review period and the 48-hour time limit beyond which an extension must be approved by a judge advocate. Commanding officers must still be notified if a suspect is taken into custody, and that must take place within six hours of the arrest. In exceptional cases, commanding officers have the power to authorise custody, but they must notify the provost marshal for serious crime and the provost marshal of the service police force for the service of which the suspect is a member.
Clause 16 inserts new section 58A into the 2006 Act, imposing a time limit for charging summary offences under section 42. This clause reflects recommendation 35 of Sir Richard Henriques’s 2021 review: that the service justice system should follow the principle of the civilian justice system that minor matters, triable only in a magistrates court, have a six-month time limit imposed on them from the date the offence was committed. The clause therefore imposes a six-month time limit on summary-only offences in the service justice system. However, the clause will enable the Director of Service Prosecutions to determine whether such matters may be heard outside the six-month time limit. Such a pragmatic approach reflects the realities of service life, operational demands and the nature of deployments and operations, which may make a hard six-month time limit unworkable. I commend clauses 13 to 16 to the Committee.
David Reed
These clauses deal with entry for purposes of obtaining evidence, arrest and detention by civil authorities, pre-charge custody, and time limits for charging certain offences. It is right that service police are given clear and effective powers to obtain evidence, as the Minister has laid out clearly, and that such powers are subject to proper judicial oversight. The provision to allow a judge advocate to authorise entry and search of relevant premises seems sensible to modernise the system and to help investigations proceed efficiently and lawfully. I also welcome the clarification around arrest and detention by civil authorities, and the extension of pre-charge custody arrangements in serious cases. The changes should help to ensure that serious allegations are dealt with more consistently and with the necessary urgency.
Al Carns
The clauses will enhance the ability of our military police forces and our provost marshals to enact service justice. These measures will make the forces safer, enable them to look after the victims, and support their freedom to operate within the military system.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clauses 14 to 16 ordered to stand part of the Bill.
Clause 17
Duty of commanding officers to report serious offences
Question proposed, That the clause stand part of the Bill.
Al Carns
Clause 17 will strengthen the duty of commanding officers to report allegations of serious offences to the service police. It removes an existing limitation where a commanding officer is obliged to report only a suspected schedule 2 offence committed by someone under their command. Under clause 17, where a commanding officer becomes aware that a serious offence may have been committed by any
“person subject to service law”
they must promptly refer the matter to the service police. However, the duty does not apply if the commanding officer reasonably believes that the service police or Defence Serious Crime Unit is aware of the matter. This is not a new process but an improvement to the existing duty, which will ensure that all serious allegations, including of sexual offences, are reported to the service police as promptly as possible. I commend clause 17 to the Committee.
David Reed
I welcome the clause, which seems a sensible and practical strengthening of the duty of commanding officers to report serious offences. The Minister, as a former commanding officer, will have experienced this duty at first hand, so I respect his judgment and expertise on the matter.
It is right that responsibility should apply wherever a commanding officer becomes aware of allegations concerning any person subject to service law, not only those within the officer’s direct chain of command. A broader duty will help to ensure that serious matters are not missed simply because of the structure of a unit or the form of command. At the same time, the safeguards in subsection (4), which mean that no further report is needed where the service police or tri-service serious crime unit is already aware, is a sensible way to avoid duplication and unnecessary bureaucracy. Taken together, the clause is a balanced reform that strengthens accountability, improves consistency and supports the proper investigation of serious offences across the services.
Al Carns
Commanding officers should always report an issue if they see one. With this change, they will have to and will be held to account.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clause 18
Summary hearings: punishments available to commanding officers
Question proposed, That the clause stand part of the Bill.
Al Carns
Clause 18 gives a commanding officer the power to award a punishment of service detention to a
“corporal, bombardier, lance sergeant or lance corporal of Horse in any of His Majesty’s military forces”.
Those are OR-4 ranks, according to the NATO military rank codes. The power may be used only by commanding officers with extended powers at summary hearing. Currently, commanding officers in the Army and the Royal Air Force Regiment cannot impose service detention on an OR-4 rank, whereas those in the Royal Navy and Royal Air Force can. This variation in powers risks delay and unnecessary cost to the service justice system through trials potentially being heard at the court martial rather than being retained for summary hearing.
Allowing service detention to be imposed at summary hearing on corporals in the Army and the Royal Air Force Regiment is also in line with the operational reality that our military capabilities are becoming more integrated and joint. It is therefore increasingly likely that OR-4s from across the armed forces will be jointly deployed or even in joint units. As a result, it is more likely that commanding officers may face situations in which OR-4s from different services are defendants at summary hearing in a single case or in linked cases.
Clause 19 will give a commanding officer the power to impose a deprivation order in combination with a punishment of service detention, forfeiture of seniority or reduction in rank or disrating. Such punishments are used in more serious cases seen at summary hearings. At present, a commanding officer can impose a deprivation order only alongside a fine or “minor punishment” such as an admonition. Where a charge has been proven at summary hearing or a conviction obtained in a service court, they can be used to deprive the offender of any rights to certain property—this is property that has been lawfully seized from an offender or was in the offender’s possession or control when apprehended or charged with an offence. That might be, for example, tools used to commit the offence, offensive weapons or controlled drugs. In the more serious cases that might be dealt with at summary hearing, clause 19 will enable commanding officers to impose punishments that are just and proportionate and that protect the public and other service persons—for example, so that the property cannot be used again to commit the same or similar offences.
David Reed
We welcome clauses 18 and 19 on summary hearings and deprivation orders with the punishments available to commanding officers. They represent a serious aim and a proportionate update to the summary hearing powers available to commanding officers. Clause 18 would promote greater consistency across the services, by enabling service detention to be imposed on corporals, as the Minister said, and equivalent ranks, bringing the Army and the Royal Air Force Regiment into closer alignment with arrangements already in place elsewhere.
Clause 19 is likewise a practical step forward, as we heard in some of the evidence sessions. Permitting a deprivation order to be imposed alongside more serious summary punishments would give commanding officers a broader and more flexible set of options, while keeping matters within the summary system. That should help to ensure that sanctions are better tailored to the offence and the circumstances of the individual case. Taken together, the provisions enhance fairness, consistency and operational effectiveness, and we are pleased to support them.
Dr Shastri-Hurst
I welcome the clause. Will the Minister set out how there will be consistency in the use of these powers by commanding officers, to ensure that there is equality of justice across the board?
Al Carns
As someone goes across the single services and joint staff colleges, there will be different sections where they are trained on administering justice and the rights of a commanding officer. Importantly, there will be joint standing procedures produced around the clause, which everyone who becomes a commanding officer will have to read and ensure that they adhere to.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
Clause 19 ordered to stand part of the Bill.
Clause 20
Qualification for membership of the Court Martial
I beg to move amendment 9, in clause 20, page 34, line 27, at end insert “or
(iii) a retired holder of such a rank.”
This amendment would add retired officers to those qualified for membership of the Court Martial.
Dr Shastri-Hurst
I welcome the hon. Member’s intervention. If he is suggesting that we should look at going wider than the confines of this specific amendment, I would welcome that conversation. It is about increasing the flexibility and agility of the court martial system so that it reflects the challenges for those who currently serve in uniform.
Dr Shastri-Hurst
The Minister is right to challenge me on the case that I am making. It is about competing challenges facing those in senior rank in the armed forces. My right hon. Friend the Member for Rayleigh and Wickford gave the example of colonels or above. We have heard of very senior officers being brought before a court martial in cases that may involve, for instance, continuity of education allowance. These are senior individuals who then take out other senior individuals. They are often in a fairly small pool and have perhaps worked closely with one another during their service, but they also have increasing demands, given the global instability that we are currently facing.
It therefore makes logical sense to widen that pool and take the pressure off the shoulders of those who have operational responsibilities by allowing those who have served in the past, and hold those ranks by virtue of their service, to sit within the court martial system and increase capacity. I am not suggesting that there is an inefficiency in the service—everybody involved is doing the best job they can. It is about flexing resources so that they are used most appropriately to deliver the outcomes that we need not only from a national security and defence perspective, but to maintain the integrity and speed with which service justice is administered.
There is also a broader strategic point that we must not overlook, and it touches on the Minister’s point. We often speak about the importance of a whole-force concept and the idea that national defence is about not simply those currently in uniform but a wider ecosystem of reserve capability, which we will come on to later. It is also about veterans, institutional memory and those who can bring expertise from their time in service. We are, quite rightly, investing in the reserve forces. We are also increasingly recognising the value of civilian expertise in a variety of fields, such as cyber-intelligence or technology. In many respects, we are trying to build a much more flexible and adaptive defence structure, and yet, when it comes to the service justice system, we have not always applied the same logic with equal measure or consistency. We have in effect treated participation as something that must be narrowly confined to serving personnel, even when highly experienced retired officers could make a valuable contribution.
Sarah Bool
If there is one phrase my father always says to me, it is “Sarah, you can’t teach experience.” We have talked about bringing retired officers back into the justice system; this is a very good example of what we can do to call on their experience. With jury service and jury trials, we try to get a range of experience from all types of peers. I know that there is an argument to say, “If it ain’t broke, don’t fix it,” but we want to streamline and enhance our justice system to make it as effective as possible. I support amendment 9.
Al Carns
I thank the right hon. Member for Rayleigh and Wickford for tabling amendment 9, which seeks to add retired officers to those who are qualified for court martial membership. However, I believe that the amendment is unnecessary and most likely counterproductive.
The first argument made was about capacity and the lack of senior officers to sit on courts martial and hold people to account. As the Committee knows, we keep those things under constant review. The right hon. Member mentioned a case from several years ago that highlighted a lack of capacity to charge senior members. We pushed through secondary legislation in 2024 to amend two of the armed forces court martial rules so that if a defendant was at one star or above, the president of the board would be at one-star level; they did not need to be of higher rank. That was a significant change.
As for lack of capacity, I will throw out a question to the Committee: how many one-stars do we have in the military? We actually have 200 one-stars—let that sink in—and that does not include the reserves. There is no capacity issue here.
Secondly, the amendment could be counterproductive, because it is vital that the board members have up-to-date knowledge and real-time experience of the latest single-service policies. I say that from experience, because sentencing at court martial fulfils a number of purposes, including punishment, maintenance, discipline and deterrence.
Al Carns
As the hon. Member will know, trying to speak to people about whether they know other people is exceptionally difficult. Trying to capture that in a data record would be even more difficult. The 200 officers in service at the moment do not include the reservist pool, which is quite large—and that is just one-stars, not two-stars, three-stars or four-stars, so the pool is actually far larger.
I will go back to the purpose of sentencing at court martial, because it is an important point. As I say, it includes punishment, maintenance, discipline and deterrence. It must also take into account the best interests of the service and the maintenance of operational effectiveness. I completely agree that experience cannot be taught, but sometimes experience can wane over time. An appreciation of the relevant factors comes with experience, but also with the responsibilities of rank, as the veterans community will understand, and with the exercise of leadership and command over others. In some cases, that will not come with the most up-to-date operational context, which could cause an issue on the court martial board.
David Reed
We want to strengthen the Bill by working with the Government and taking a collaborative approach. Having a shared reality, in any aspect of life, is massively important. Among Opposition Members, there is alignment on the shared reality that we heard about, when we went down to Portsmouth, from the people we empower to run the service justice system. Does the Minister know of any of the cracks or weaknesses, as we heard about on our visit? Does he acknowledge that there may be issues to address?
Al Carns
Listening to evidence and acting on it is critical. Understanding the context in which it sits is equally important. Did that individual know that there are 200 one-stars within defence? Did they have the authority and responsibility to allocate individuals in a short, timely and effective manner to a court martial board? Probably not. The problem is not capacity. It is perhaps that the Defence Serious Crime Command needs greater authorities and programming to pool individuals in a timely and effective manner to sit on a court martial board and deliver justice.
This is not a criticism of the Minister, because no doubt he had other important things to do, but he was not on that visit, as I recall. As Her late Majesty once said, recollections may vary, but this was a point raised with us by the people presenting to us on the operation of the system. We did not invent it. They made the point quite strongly that, for instance, if people had been on staff courses together—let us say that they had done the Royal College of Defence Studies course for a year together—that would sometimes rule them out. I must make the point to the Minister that we have not fabricated this; it is a problem that was raised with us by the experts who actually deal with the process day to day.
Al Carns
In no way, shape or form am I suggesting that this was fabricated, made up or a lie. What I am trying to say is that context is important. The statistics show that there are 200 one-stars in regular service, not including the reserve. That is a large pool of individuals, which reduces the right hon. Member’s argument about capacity. He talked about people knowing each other, but there are clear protocols in place to ensure that when the board is pulled together, the range of individuals on it is as broad as it is wide, and that there is at least one woman and one man on it. I think that that is adequate. The 2024 secondary legislation that amended the rules was brought in specifically in response to the case that was mentioned during the Committee’s visit—
(5 months ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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The Minister for the Armed Forces (Al Carns)
I would like to make a correction to an earlier statement about new clause 12, before I continue to address amendment 9. I would like to clarify a point that arose in the debate on new clause 12 in relation to service protection orders. The powers in the Armed Forces Act 2006 create a time limit for charging former members and ex-regular reservists with a service offence committed while subject to service law of six months from the date they ceased to be subject to service law.
After a period of six months from the date on which they ceased to be subject to service law, a person may be charged with a service offence, committed while subject to service law, with the consent of the Attorney General. They do not remain subject to service law once they have left the armed forces, and the same time period also applies to civilians subject to service discipline. If there are any questions about the detail of that, I am happy to write to the Committee on anything specific that is required.
David Reed (Exmouth and Exeter East) (Con)
I will just pick up on a point I raised this morning, which I discussed with an hon. Friend who has experience in this space. Take, for example, a crime that is committed while a person is serving that is not serious enough to warrant their being remanded into custody—it goes over the six months because it is a knotty case. Because there is zero tolerance on drugs, someone might say, “Right, this is a knotty case. I am going to get into trouble for it, and I am going to get kicked out regardless, so I will just take some drugs. I will be kicked out within a very short space of time”. If they then let those six months elapse, what is the process for that?
Al Carns
I am always very reticent to get into the detail and legalities of the exacts, given there are multiple variables that we are discussing, whether it be drugs or whether it be a criminal offence. If a person is serving and a crime is committed, they will not be allowed to leave until the process for dealing with the justice of that case is well thought through, whether that be within the military system or transferred into the civilian justice system, because they cannot just leave the military while there is a case ongoing. However, if the hon. Member has a specific concern about a specific case with correct parameters, we will ensure we write to him on it and all of its different variables. It is quite difficult to provide the specifics on that now.
David Reed
I will make that intervention now, and then we can carry on that conversation. If there is zero tolerance of drugs, and if the person who has committed a crime knows they will be kicked out—as they should be—it would be good to hear from the Ministry of Defence if there is a loophole in which someone could say, “I will do this act knowing full well that I will be kicked out very quickly”. It would be good to understand what the process is. Does that person continue to be housed by the armed forces? Where do they stay? Are they still part of their unit? What happens to them?
Al Carns
The broader welfare of individuals who are dismissed for misuse of drugs is a separate issue to the original offence and the judicial system, which will be followed through whether they are serving or whether they have left or been removed from the armed forces. What I am specifically saying is that they can still be charged six months after. The Bill will ensure that any of those processes that are put in place for them while in the military can seamlessly transfer to the civilian justice system, so that justice can be carried through. However, if there is a specific issue, bracket it in parameters, give it to us and we will make sure that we respond.
Al Carns
Coming back to amendment 9, I agree that pulling together a court martial board to deal with senior officers poses more challenges than it does for junior personnel. Such cases are rare, and changes were made quite recently to address the issue. Changes were made in secondary legislation in 2024 to provide more flexibility in the formation of court martial boards for trials where the defendant is a senior officer, to address any potential difficulties in finding sufficiently senior personnel who do not know the defendant to sit on the board. Having boards that are tri-service has also helped assist with that. The changes ensure that the president of the board—the most senior person on the board—will be at least a one-star when the defendant is a one-star or above, and that practical attempts are always made to try to find a suitable two-star. When a two-star cannot be found, a one-star works. For defendants below one-star, the president of the board is always one rank higher.
We talked about capacity and the availability of ranks, and we will look into the detail of how we ensure that the Defence Serious Crime Command has the authority to leverage people to deliver the right consistency on boards. In terms of capacity in dealing with senior officer trials, there are around 200 one-stars in the armed forces and around 470 personnel at one star or above. There are sufficient personnel to meet the few occasions when senior personnel are tried. We keep those matters under review through the governance board of the service justice system, the service justice board and the service justice executive group, in which all key stakeholders are represented.
Clause 20 amends section 156 of the Armed Forces Act 2006, to correct an anomaly relating to those who are eligible to sit on a court martial board. The Armed Forces Act 2021 reduced qualification for those non-commissioned officers who were entitled to sit on a court martial board from a warrant officer to those of substantive OR-7 rank, for example a colour sergeant. However, a technical oversight meant that other subsections of section 156 were not also amended to reflect those changes. Consequently, only warrant officers and equivalent who became commissioned officers automatically qualified to sit on a court martial board, while OR-7s still had to undergo a three-year qualification period. Clause 20 simply enables those who receive their commission and were of former substantive OR-7 rank to automatically qualify to sit on the court martial board. I hope that provides the necessary reassurance to the right hon. Member for Rayleigh and Wickford on those grounds, and I ask him to withdraw his amendment.
I do not think we need to have a debate on clause 20 stand part because we had a pretty thorough debate on the amendment, which covered most of the issues. I will seek the leave of the Committee to withdraw the amendment, but I would like to put down the marker that we have had an interesting debate and we might wish to return to this subject on Report. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 20 ordered to stand part of the Bill.
Clause 21
Power to impose post-charge conditions on persons not in service detention
Question proposed, That the clause stand part of the Bill.
Al Carns
Clause 21 provides judge advocates with the power to impose post-charge conditions on adult defendants in the court martial or service civilian court, where the defendant is not held in service custody.
Currently, judge advocates can only set post-charge conditions on a defendant’s behaviour or movements if the defendant appears before them in service custody. If a defendant appears before them who is not in service custody, they are unable to set any conditions. That causes problems when risks occur, such as absconding, reoffending, or interfering with witnesses. The clause provides that the defendant must be informed in writing of the grounds for the application and be given notice of the hearing. The defendant will be able to attend the hearing, be legally represented and make representations to the judge advocate. Defendants will also have the right to apply for a variation or discharge of any conditions set.
Clause 21 provides commanding officers and the service police with arrest powers for breach of a condition. It also establishes a service offence of failing to attend a hearing concerning a judge advocate-imposed condition, without reasonable excuse, carrying a maximum penalty of two years’ imprisonment.
Finally, clause 21 provides a judge advocate with the ability to impose urgent conditions where they consider it necessary, without the need for the defendant to have notice of the hearing or to be present. In that situation, the judge advocate must arrange for a hearing with the defendant present to take place as soon as practicable and the conditions will stop having an effect at the end of that hearing. By creating a new pathway for judicially imposed obligations with specific enforcement, the measure will contribute to ensuring attendance, preventing reoffending, protecting witnesses, and safeguarding defendants.
Clause 22 will enable a new procedure to be introduced into the court martial rules, allowing for the dismissal of a charge as well as a mechanism to enable a previously dismissed charge to be brought again under certain conditions. The clause simply enables court martial rules to replicate a procedure that currently exists in the criminal justice system, known as the voluntary bill procedure. Once updated, the court martial rules will allow the Director of Service Prosecutions, in exceptional circumstances, to seek the High Court’s consent to reinstate a charge previously dismissed where it is in the interests of justice to do so. While there is no exhaustive list of the circumstances in which the High Court can grant consent, case law provides some guidance. Cases where the voluntary procedure has been used are where there has been a substantive error of law that is clear or obvious; where new evidence has become available; or where there was a serious procedural irregularity.
Clause 23 will enable the courts martial to use mental health-related powers, equivalent to those already in the civilian system under the Mental Health Act 1983, which include the ability to make a hospital order on conviction as part of sentencing. Currently, in cases where the accused has been found not guilty by virtue of insanity or where the accused has been found unfit to stand trial and there is a finding that they did the act charged against them by the service court, a judge advocate is able to make a hospital order under the Mental Health Act 1983. A hospital order provides initial hospital treatment instead of imprisonment for a criminal offence.
However, there is no provision for cases where the accused is diagnosed as requiring mental health care while awaiting trial; before a finding of fitness to stand trial has been made; or the accused has been convicted of an offence and not yet sentenced. While the service justice system has very few cases where such a provision may be required, a recent case highlighted that these powers may be required when the accused is dealt with before a fitness to plead and/or a defence of insanity has not succeeded and the accused is found guilty.
The clause ensures that service personnel and civilians subject to service discipline receive safe, lawful and appropriate care, and that defence meets its legal and moral obligations to protect those experiencing serious mental health difficulties while in service.
I move on to clause 24. The Armed Forces Act 2021 introduced powers, known as slip rules, for commanding officers in summary hearings, the summary appeal court and the service civilian court, equivalent to the powers that already exist in the court martial. Slip rule powers simply enable punishments or activation orders made in error to be varied or rescinded quickly without the matter having to be referred to an appeal. Clause 24 addresses the error so that secondary legislation can implement the activation orders power for the service civilian court as originally intended.
David Reed (Exmouth and Exeter East) (Con)
It continues to be a pleasure to serve under your chairship, Mr Efford. Clauses 21 to 24 cover powers to impose post-charge conditions on persons not in service detention.
We welcome these clauses as sensible, technical enforcement improvements to the service justice system. They address a number of anomalies and gaps, and will help to ensure greater consistency, clarity and fairness in how the system operates. Taken together, the measures strengthen the ability of the service justice system to deal with cases effectively, while maintaining appropriate safeguards for those involved. They also bring aspects of the system more closely into line with civilian practices where that is appropriate. Overall, these are practical reforms that improve the functioning of the system and we are happy and content to support them.
Al Carns
These are technical changes to enhance the service justice system that deal with some of those knotty issues such as mental health. I recommend that the Committee fully support them.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clauses 22 to 24 ordered to stand part of the Bill.
Clause 25
Guidance on exercise of criminal jurisdiction
Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)
I beg to move amendment 18, in clause 25, page 43, line 23, leave out paragraph (a) and insert—
“(a) must require that, before a victim is asked to express a preference regarding jurisdiction—
(i) the victim is provided with a standardised explanation of the service justice system and the civilian justice system,
(ii) such information is presented in a clear, accessible and neutral manner,
(iii) the information includes an explanation of the key features, processes, available support and potential outcomes of each system, sufficient to enable the victim to make an informed decision, and
(iv) the victim is informed of the availability of any independent legal advice or advocacy and how it may be accessed,
(b) must require that—
(i) a written record is made of the information provided to the victim, and
(ii) where a victim expresses a preference, a record is made of the reasons for that preference, so far as provided by the victim,
(c) must not present information in a way that is misleading or lacking appropriate context.”.
This amendment creates requirements for the information victims receive regarding both justice systems.
David Reed
My hon. Friend has again laid out the argument in an extremely comprehensive way, and it will be difficult to add anything new to the argument that he has put forward, but I will give it a go.
Ensuring that a victim is properly informed before being asked to state a preference on whether their case is heard in the service justice system or the civilian courts is essential, and I think we can all agree on that. The principle of concurrent jurisdiction allowing a victim to have a voice is a positive one.
However, a preference given without adequate understanding is not a meaningful choice; it becomes a procedural step rather than a genuine expression of agency. It is important to recognise that. The two systems differ in significant ways, and we have heard that in a lot of the evidence sessions and during our Committee trip down to Portsmouth.
These systems operate under distinct procedures, timelines and support arrangements and can lead to different outcomes. Many victims will have no prior experience of either system, and some may be asked to make this decision while in considerable distress. Without a clear, neutral explanation of what each system entails, the process does not empower victims but risks forcing them to make an uninformed decision or leaving them susceptible to undue influence. To reinforce that point, although it may be easy to make the decision when you have a clear head, if you have been the victim of a crime and your head is all over the place, having to make an informed decision when the information on the two systems is not clear and you have not encountered either system before makes the situation even more troubling.
The amendment would establish a basic standard to require that victims are given a clear, accessible and impartial explanation of both systems before any preference is sought. That explanation would cover how each process works, what support is available and the potential outcomes, and inform victims of the availability of independent legal advice or advocacy and how to access it. Crucially, it would introduce a requirement for a written record detailing the information provided and, where preference is expressed, the reasons given.
Al Carns
I thank the hon. Member for Solihull West and Shirley for speaking to amendments 18 and 19. I acknowledge their sentiment, which is to ensure that the information provided to victims is appropriate and timely. The Government’s intention is to ensure that when a victim of an offence committed in the UK by a serviceperson is asked to indicate a preference on jurisdiction, they can do so in an informed way. The information provided must be accurate, helpful and, of course, objective, so I share the hon. Member’s objectives.
The Government have already begun work with the statutory consultees set out in clause 25 to understand what information should be provided to the victim, how and when it should be provided, and who should provide it. That complex, detailed work involves stakeholders from across the criminal justice systems of England, Wales, Northern Ireland and Scotland, including the Victims’ Commissioners, and has so far highlighted the importance of seeking an informed view from the victim and that that information should be provided in a factual and impartial way. It has also highlighted that where a victim indicates a preference as to whom they wish to discuss jurisdiction with, it should be acted on, and that a record of the discussion of the victim’s preferred jurisdiction, and the reason given for it, must be kept.
Our work with stakeholders has also highlighted the importance of taking into account the needs and circumstances of the victim, and the circumstances of the offence, so the guidance must allow for a flexible, case-by-case approach. In some cases—as offences take place in different times and contexts—it may not be appropriate to confront a victim who only shortly before experienced a rape offence with many pages of written information to digest. In those cases, a more trauma-informed, verbal approach, under the statutory guidance and supported by a shorter leaflet or booklet, may work better.
In other cases, a victim may have a strong view from the outset that their case should be dealt with in the civilian criminal justice system. Asking that victim to go back through lots of information about the service justice system when it is already known that they have a strongly held preference would be unwelcome, and may prove counterproductive, as the civilian police investigator risks coming across as questioning or disbelieving the victim’s preference, undermining future co-operation with the victim and, ultimately, the successful investigation of the case. I absolutely understand the hon. Member’s intent, and I hope that I have provided some reassurance that guidance will facilitate access to support that is independent of the chain of command, policing and prosecutors.
Amendment 19 is, in some ways, linked to amendment 18, and seeks to ensure that victims have access to independent support before indicating a preference on jurisdiction. We have already begun work with the statutory consultees set out in clause 25 to understand who can support victims to reach a preference on jurisdiction, which will vary across the UK and across the service justice system. Where the victim indicates a preference on whom they wish to discuss jurisdiction with, it should be acted on. For example, when initial contact is made with service police, victims of serious sexual offences may choose to seek support from the Victim Witness Care Unit, which is independent of the chain of command and of service policing. Alternatively, they might wish to discuss the matter with the lead service police investigator. Crucially, the guidance will facilitate access to alternative support in response to the wishes of the victim.
In February 2026, the Government announced that we would launch the independent legal advocacy support programme pilot, which will provide impartial legal support to anyone aged 18 or over, irrespective of whether they are a serviceperson or a civilian. Anyone who reports a sexual offence that has been committed by a serviceperson subject to service law, or a civilian subject to service discipline, when that is being investigated by the service justice system, will qualify for support under the scheme.
Dr Shastri-Hurst
On the basis of the Minister’s clarification and reassurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clauses 25 and 26 ordered to stand part of the Bill.
Clause 27
Driving disqualification orders: reduced disqualification period
Question proposed, That the clause stand part of the Bill.
Al Carns
At present, service courts are empowered to make a driving disqualification order against an offender in proceedings for a service offence. However, there is no legal mechanism for service courts to reduce that period of disqualification from driving where the offender undertakes an approved course, unlike the civilian justice system. Clause 27 will enable the service courts—the court martial and the service civilian court—to make an order to reduce a period of disqualification from driving where the offender satisfactorily completes an approved course. This new power will be available to a service court where it convicts an offender of a certain road traffic offence, such as drink-driving, and imposes a driving prohibition of 12 months or more. These provisions address a gap in the existing legislation that has meant that the powers of service courts in relation to driving prohibitions are more limited than those of their civilian counterparts. It will ensure that the service courts have the same tools available to them as the civilian courts when dealing with these sorts of cases.
David Reed
Clause 27 aligns the service justice system with the civilian courts and introduces a constructive way for offenders to reduce their disqualification period through completion of an approved course. On our side of the Committee we see that as a practical and proportionate reform that supports rehabilitation, encourages personal responsibility and delivers greater consistency across both systems, and we are happy to support it.
Al Carns
I will begin with clause 28. The minor service sentences of reduction in rank or disrating, of forfeiture of a specified term of seniority or all seniority, and of service supervision and punishment orders all serve a useful purpose in punishing service personnel. However, these sentences are effectively made redundant by having no rehabilitation period. That undermines the purpose of the punishment, which by its nature is designed to have an impact on an individual’s career. The single services have no opportunity to consider whether administrative action should be taken against a serviceperson because the convictions are considered immediately spent. Administrative action has a range of options and may include assessing whether the nature of the conviction means that the individual is unsuitable for life in the service, or whether they are suitable for promotion during the period of rehabilitation. Considering these options following a conviction is vital to maintain operational effectiveness and the welfare and safety of others in the armed forces.
Clause 28 will establish rehabilitation periods of 12 months for these sentences. As a result, the rehabilitation periods will be harmonised with those for other minor service sentences: custody for one year or less, removal from His Majesty’s service, service detention, reprimand and severe reprimand and a fine. The clause also aligns the rehabilitation periods in Scotland with those in England and Wales. The required amendments relate to differences in terminology. Clause 28 will preserve the intended disciplinary effect within military administrative processes and maintain operational effectiveness and the welfare and safety of others in the armed forces.
I turn to clause 29. The Rehabilitation of Offenders Act 1974 prevents the single services from taking administrative action when a conviction becomes immediately spent. Increasingly, the civilian police in England and Wales issue simple cautions for a wide range of offences, and those cautions are treated as spent right away. As a result, the services are unable to take administrative action in response to conduct that may still be relevant to a role in the armed forces. A single lapse in conduct, however minor it may appear in civilian terms, can have serious consequences in a military environment, where values, standards and cohesion are not optional but fundamental to keeping our people and our nation safe. As we continue to professionalise the armed forces and rebalance the demographic representation, the current approach is increasingly inappropriate, especially where the conduct resulting in a caution is incompatible with the high values and standards expected of our armed forces.
Clause 29 will create an exemption from the Rehabilitation of Offenders Act that enables the single services to place a disclosure obligation on serving members of the armed forces to report spent cautions. Once it is disclosed, the single services will be able to consider the caution and, if necessary, take an appropriate approach to conduct associated with it.
Clause 29 will enable the armed forces to maintain the highest standards, ensuring that every incident is addressed appropriately, that victims are supported, and that we can better retain and recruit our personnel. At a time when we are committed to halving violence against women and girls and to driving up the integrity and professionalisation of our armed forces, this change is not only timely but essential.
David Reed
Clauses 28 and 29 are practical and proportionate reforms. Clause 28 defines rehabilitation periods for certain service punishments under the Rehabilitation of Offenders Act 1974. Sanctions such as reduction in rank, forfeiture of seniority and service supervision and punishment orders will no longer be treated as spent. Again, that is a good approach.
Clause 29 will enable the armed forces to require the disclosure of spent cautions issued to service personnel during their service period. I note the points that the Minister raised about the information that may be used by superior officers for administrative rather than disciplinary purposes or to support the maintenance of discipline, operational effectiveness and rehabilitation within the forces. The clause also provides clear definitions of “superior officer” and “administrative action” to ensure consistency in how the relevant provisions are applied. The Opposition support the clauses.
Al Carns
This is about improving our service justice system and, of course, the ability of our command chain to enact the highest standards. I commend clauses 28 and 29 to the Committee.
Question put and agreed to.
Clause 28 accordingly ordered to stand part of the Bill.
Clause 29 ordered to stand part of the Bill.
Clause 30
Commissioner’s functions in relation to Royal Fleet Auxiliary
Question proposed, That the clause stand part of the Bill.
Al Carns
Clause 30, which introduces schedule 4, provides the statutory basis for extending the remit of the Armed Forces Commissioner to the Royal Fleet Auxiliary. I thank my hon. Friend the Member for Truro and Falmouth for raising the issue in a ten-minute rule Bill and getting it the attention that it deserves.
Although the RFA is a civilian organisation, its personnel routinely operate alongside the Royal Navy. Indeed, they are essential to the Royal Navy. They face similar risks, pressures and, in many cases, operational demands. RFA personnel have distinct welfare needs shaped by long deployments, a demanding operational tempo and the challenges of supporting military operations. Bringing the RFA within the remit of the Armed Forces Commissioner will ensure that those issues are visible at the highest levels of defence oversight.
Clause 30 and schedule 4 will not alter the employment status of RFA personnel. They will remain civilian employees with full employment rights, including trade union representation. The extension to the Armed Forces Commissioner’s remit is designed to avoid interfering with existing statutory protections or established industrial relations frameworks and union representation.
Clause 30 will insert into the Armed Forces Act 2006 a new subsection that introduces schedule 14ZB to enable the commissioner to conduct thematic investigations into systemic RFA welfare concerns, such as those relating to accommodation, on-board facilities, training, welfare support, access to welfare services or the effects of extended time at sea, enabling wider patterns and areas requiring improvement to be identified. It will also strengthen accountability by giving the commissioner a clear mechanism to raise concerns directly with the Secretary of State. This will ensure that identified welfare themes, whether they are linked to operations, to support arrangements or to wider Ministry of Defence responsibilities, are formally captured and considered. While clause 30 and schedule 4 expand the commissioner’s remit, they also set clear boundaries. Individual employment disputes, civil proceedings, matters covered by collective agreements or complaints brought by unions will remain outside the scope, preserving clarity and the integrity of the existing processes.
Having served in the military for 24 years, I spent several months, if not years, on Royal Fleet Auxiliary ships, or working with it, and I hold it in the highest regard. The RFA underpins the Royal Navy’s deployable standards and capabilities. I think this is a fantastic move to ensure that it gets the representation it deserves. In practical terms, clause 30 and schedule 4 will provide an independent avenue through which RFA personnel can escalate systemic welfare issues. Over time, that will strengthen support to the RFA and ensure that its personnel’s welfare is considered alongside that of service personnel, while respecting their distinct civilian status. I commend clause 30 and schedule 4 to the Committee.
Al Carns
First, I pay tribute to my hon. Friend the Member for Truro and Falmouth. She generated this, and now it has come to fruition, so well done. The reality is that there is no Royal Navy without the Royal Fleet Auxiliary. The RFA does an exceptional job across everything from high-end technical to refuelling and enabling our carrier strike group.
When we talk about embarrassment and availability of capability, the unfortunate reality is that we have the cards that we have been dealt, after successive Governments under-invested in the significant hard capability that we require to deter hostile states. As a Minister in the previous Government, the right hon. Member for Rayleigh and Wickford owns an element of responsibility for that.
For the record, whatever we did or did not do in Government, we did not bring in the £2.6 billion of operational spending cuts in the financial year just gone. That is why our availability is so poor, and that was a purely Labour decision, was it not?
The Chair
Order. We are getting off the subject again. Can we come back to the clause, please?
Al Carns
There is no Royal Navy without the Royal Fleet Auxiliary. Its personnel are the best of us. I commend the clause to the Committee.
Question put and agreed to.
Clause 30 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.—(Christian Wakeford.)
(4 months, 4 weeks ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for the Armed Forces (Al Carns)
It is an honour to serve under your chairmanship, Mr Efford.
Clause 42 amends sections 3A, 4 and 4A of the Ministry of Defence Police Act 1987. It widens the power to make regulations under section 3A(1) so that provision can be made relating to the governance and administration of the Ministry of Defence police. That will give the Secretary of State a power similar to the power under section 50(1) of the Police Act 1996 to make regulations for members of territorial police forces in England and Wales.
The clause will also enable regulations to make provision so that a member of the MDP can be suspended from the office of constable if they are suspended from duty. As a consequence of the amendment to section 3A, it makes a minor amendment to section 4(1) so that the requirement to make regulations making provision relating to representation at disciplinary proceedings is aligned with the power in section 84(1) of the Police Act 1996. It also makes a minor amendment to the power in section 4A to make provision for police appeals tribunals, to remove a reference to legislation—schedule 3 to the Police and Fire Reform (Scotland) Act 2012—that was recently revoked by the Scottish Government.
I now turn to clause 43. Cross-border powers of arrest are set out in part X of the Criminal Justice and Public Order Act 1994. Where offences are committed in one legal jurisdiction in the UK, cross-border powers of arrest enable police officers to arrest suspects in other legal jurisdictions of the UK. The purpose of the amendments made by clause 43 is to make it clear that the powers in part X can be exercised by members of the MDP within their jurisdiction set out in section 2 of the Ministry of Defence Police Act.
The amendments will also slightly enlarge their jurisdiction to act for non-defence purposes, to execute arrest warrants at the request of other police forces, and to arrest suspects where it is not possible to wait for the arrival of a member of the local force. Similar amendments have already been made for members of the British Transport police and the Civil Nuclear Constabulary.
Clause 44 amends section 2 of the Police (Property) Act 1897 to enable the Secretary of State to make regulations allowing unclaimed property in the possession of the MDP to be retained so it can be used for police purposes. The current power enables regulations to be made so that property can be retained for police purposes by territorial police forces in England and Wales. However, there is a legislative gap that means there is no scope for regulations to allow such property to be retained for use for police purposes by the MDP. This clause will allow regulations to be made that enable property to be retained for MDP use in the same way as for Home Office police forces.
I commend clauses 42 to 44 to the Committee.
It is a pleasure to serve under your chairmanship again this afternoon, Mr Efford. This will be a brief contribution.
When I was a Minister, I had the privilege of visiting the MOD police at what was then RAF Wethersfield, which is now used for much more controversial purposes, but that is outside the scope of this Bill. I was shown a convoy protection exercise—the Minister will understand what I am talking about—and I was very impressed by how efficient and effective the MOD police were at guarding a precious cargo in that exercise.
The MOD police are affectionately known as “MOD plod” throughout defence, but sometimes I feel they are slightly under-sung heroes. They keep many people safe, and I place on record our appreciation for the MOD police and everything they do to keep us safe and protect vital assets in defence, as I am sure the Minister would echo.
Al Carns
The MOD police do an outstanding job. The changes in this Bill enhance their ability to keep us safe and to do their job effectively.
Question put and agreed to.
Clause 42 accordingly ordered to stand part of the Bill.
Clauses 43 and 44 ordered to stand part of the Bill.
Clause 45
Detention etc of persons overseas in cases of mental disorder
Question proposed, That the clause stand part of the Bill.
Al Carns
Clause 45 and schedule 7 will protect those experiencing serious mental health difficulties while deployed overseas. Schedule 12 to the Armed Forces Act 2006 provides the legal framework for admitting and detaining service personnel suffering from mental disorders in service hospitals located outside the British Isles. However, schedule 12 has never been commenced, as its drafting is based on the existence of overseas military hospitals, none of which remain. That means our armed forces cannot currently rely on schedule 12 to detain personnel overseas.
Clause 45 and schedule 7 therefore amend schedule 12 to allow for the temporary detention of persons subject to service law, and civilians subject to service discipline, who experience a mental health crisis while deployed overseas, pending their removal to the UK for appropriate treatment in the civilian mental health system. That reflects the Mental Health Act 1983.
The clause enables a commanding officer to make an order, regarding the health, safety and dignity of a person, to detain them temporarily in a suitable place where detention in an overseas service hospital is impracticable. In urgent cases, service police may remove a person from living accommodation, where they are suffering from a mental health disorder, and take them to a suitable place where they can be detained by their commanding officer. A registered medical practitioner or nurse should be consulted, so far as is practicable.
In urgent cases, service police can also take a person suffering from a mental health disorder to a suitable place where they can be detained under the order of their commanding officer following consultation, where practicable, with a medical practitioner or nurse. Clause 45 and schedule 7 ensure that those who experience a mental health crisis while serving overseas receive appropriate protection, support and treatment.
I commend clause 45 and schedule 7 to the Committee.
Clearly, all members of the Committee regard the mental health of our armed forces personnel and their families as equally important as their physical health. We therefore understand and welcome the intent of this clause.
Al Carns
The closure of overseas military hospitals requires a change to the legislation, and this clause does exactly that.
Question put and agreed to.
Clause 45 accordingly ordered to stand part of the Bill.
Clause 46
Defence functions of the Oil and Pipelines Agency
Question proposed, That the clause stand part of the Bill.
Al Carns
Clause 46 introduces a new section into the Oil and Pipelines Act 1985 to expand the defence functions of the Oil and Pipelines Agency. This is necessary as the agency is limited by existing legislation to dealing only in petroleum-based products and services. The OPA was established to support UK defence operations at a time when hydrocarbons were the main source of operational energy. In the decades since, the UK’s energy landscape has shifted considerably.
National commitments to reduce carbon emissions and achieve net zero by 2050 have driven changes in the country’s energy strategy. The Ministry of Defence is undergoing significant reform, with a strong emphasis on energy diversification. As a result, defence operations will become increasingly reliant on a broader mix of energy sources to ensure energy security, sustainability and operational effectiveness. Those include, but are not limited to, biofuels, synthetic fuels, natural gas and renewable natural gas, hydrogen, sustainable aviation fuels, zero-carbon energy carriers and fuels, and other low-carbon alternatives.
The clause therefore updates the Oil and Pipelines Act to permit the OPA to carry out activities related to the production, conveyance, storage or supply of energy for defence purposes, and to enter into agreements to support those activities. It also defines “energy” in broad terms, rather than restricting it to petroleum. The clause will ensure that the OPA remains strategically aligned, operationally relevant and capable of delivering value for money in a changing energy and defence environment.
I commend clause 46 to the Committee.
I will make just one point, given the current international situation. We will not get into a long debate about the conflict in Iran, as you would rightly call me to order, Mr Efford. However, it is on the record that our Security Service has identified upwards of 20 plots in recent years, at the hands of the Iranian Government or their proxies, against facilities or persons in the United Kingdom, which mercifully it has foiled.
Therefore, it is not inconceivable that there could be a threat to those key pipelines that, bluntly, allow our jets to fly. Can the Minister reassure the Committee that the additional powers in the Bill will help to improve the security of that supply network? Is there anything else that he might want to place on the record this afternoon, subject to operational security, about what we are doing to maintain critical supplies to our armed forces, not least aviation fuel for our quick reaction alert aircraft?
Al Carns
The clause does exactly that. It diversifies some of the regulations that had predominantly focused on petrochemical facilities, in line with the changes in technology and energy demands. That diversification gives us resilience in global affairs and against potential adversaries who would seek to disrupt those services.
Question put and agreed to.
Clause 46 accordingly ordered to stand part of the Bill.
Clause 47
Protection of military remains
Question proposed, That the clause stand part of the Bill.
Al Carns
Clause 47 addresses the existing disparity between the protection of military aircraft and vessels under the Protection of Military Remains Act 1986, which secures the protection from unauthorised interference of the remains of military aircraft and vessels that have crashed, sunk or been stranded, and/or associated human remains, making it an offence to enter or interfere with a military wreck site without an authorised licence. The Act provides two types of protection: protected places and controlled sites, which are managed through the statutory instrument process in tranches. However, it does not currently allow designation of a vessel as a protected place if it was sunk or stranded on or before 4 August 1914, or a site as a controlled site if more than 200 years have elapsed since the crash, sinking or stranding of the vessel or aircraft.
Clause 47 therefore amends section 1 of the 1986 Act so that all military shipwrecks that are the last resting places of service personnel are automatically protected places, ensuring alignment with the protection already afforded to military aircraft. The clause also removes the restrictive time constraints that apply to protected places and controlled sites to ensure that the nation’s historic military shipwrecks that are, by virtue of those time limits, currently excluded, can be protected.
By providing automatic protection to all military shipwrecks, the MOD will enable a significant improvement in how our maritime military graves and underwater cultural heritage are protected. Diving on protected places will continue to be permitted on a “look but don’t touch” basis, and a licence to dive on a controlled site will still be required. Giving all military wrecks protected place status will help to deter unauthorised salvage and the desecration of wrecks and the military remains of service personnel. It will also enable the MOD, where appropriate, to prosecute those who flout the law.
Clause 47 delivers vital changes to enable the proper protection of our naval heritage. I therefore commend it to the Committee.
This clause is important and worthwhile. Sunken warships are war graves in their own right, and they are sacred. One example is HMS Hood, which was blown up and sunk in battle with the Bismarck. Only three members of her crew survived; the rest perished as a result of that engagement. This is from memory, but I think that when the bell of HMS Hood was recovered some years ago, there was a great deal of debate about whether it was appropriate. In the end, it was decided that, in those very special circumstances, it was.
We must always remember that these graves are sacred; that applies to those of navy personnel from other countries as well. It is therefore good that protections are being increased for sites where those who fought and gave their lives for their country—whatever country—and who should be appropriately commemorated.
Al Carns
I commend the right hon. Gentleman’s comments. It is worth remembering that some of the more costly battles in war are maritime battles. Ships could sink within minutes, and although today there are fewer crew members on those ships, there were thousands on them back in the day, particularly with the Dreadnought class. It is right that we protect those graves, which is why we are introducing this clause.
Question put and agreed to.
Clause 47 accordingly ordered to stand part of the Bill.
Clause 48
Police and Criminal Evidence (Northern Ireland) Order 1989: updating
Question proposed, That the clause stand part of the Bill.
Al Carns
Clause 48 amends the Police and Criminal Evidence (Northern Ireland) Order 1989 to align it more closely with the Police and Criminal Evidence Act 1984 for England and Wales where there are references to UK armed forces.
These are minor and technical amendments and do not change the substance of the legislation. Clause 48 simply substitutes the outdated reference to “the Royal Navy Regulating Branch” with “the Royal Navy Police”. It also removes reference to “the Royal Marines Police”, which has been incorporated into the Royal Navy police.
Lastly, clause 48 omits reference to the repealed single service Acts: the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957. I commend the clause to the Committee.
As the Minister rightly says, these are highly technical amendments, and therefore we have no objection.
Al Carns
Clause 49 is a very minor clarifying amendment to the Coroners and Justice Act 2009. Changes made by the Armed Forces Act 2021 to other legislation to reflect the creation of the tri-service serious crime unit, referred to as the Defence Serious Crime Unit, included changes to the Coroners and Justice Act. While this change introduced the wording “tri-service serious crime unit”, it missed the opportunity to also add “service” before “police force”, which is an omission from when the Coroners and Justice Act was originally drafted.
The introduction of the word “service” before “police force” simply corrects that omission and provides clarity that the specific reference relates to a service police force and not a civilian police force. I commend clause 49 to the Committee.
Al Carns
The general provisions set out the technical detail necessary for the legislation to operate as intended. They address such matters as interpretation, with clause 50 defining terms used throughout the Bill. Clause 51 covers financial provision and states that expenses arising from the provisions in the Bill will be paid out of money provided by Parliament. Clause 52 sets out extent in the United Kingdom and the specific legal jurisdictions of England and Wales, Scotland and Northern Ireland, where legislation will form part of the law. Clause 53 covers extent in the Channel Islands, the Isle of Man and the British overseas territories and how certain provisions extend outside the UK—that is, Crown dependencies and British overseas territories. Clause 54 covers commencement and transitional provision, setting out when different parts of the Bill will come into force and enabling the Secretary of State to make transitory, transitional or saving provision. That is a standard provision designed to help bridge the gap between existing legislation and the commencement of new provisions when they come into force.
I commend the clauses to the Committee.
I have one question about clause 53. The clause is titled: “Extent in the Channel Islands, Isle of Man and British overseas territories”. However, subsection (2) says:
“The provisions mentioned in subsection (3) extend to—
(a) the Isle of Man, and
(b) the British overseas territories, except Gibraltar.”
Similarly, subsection (5)(b) says:
“any of the British overseas territories, except Gibraltar.”
The Minister will know that there are some sensitivities about policing and such matters in Gibraltar as a result of negotiations with the Government of Spain. I will not attempt to get into a wider row this afternoon about the fate of Gibraltar. However, after the Government’s big climbdown on Chagos, we are rather hoping that they will look again at the arrangements that affect the Rock. Suffice it for this afternoon—and just to prove I have read it—perhaps the Minister could explain why there are two exceptions for Gibraltar in this clause?
Al Carns
It may seem unusual that the Armed Forces Act 2006 extends directly to each of the British overseas territories, except for Gibraltar. However, there is a reason for that. The Act originally extended to all the British overseas territories, but it ceased to extend to the British overseas territories in 2011 as a result of a drafting error when it was renewed for the first time by the Armed Forces Act 2011. The Armed Forces Act 2016 corrected the error by extending the 2006 Act to the British overseas territories. Gibraltar was not included because it had instead asked to deal with armed forces matters using legislation passed by the Gibraltar Parliament—the Armed Forces (Gibraltar) Act 2018.
Question put and agreed to.
Clause 50 accordingly ordered to stand part of the Bill.
Clauses 51 to 55 ordered to stand part of the Bill.
New Clause 2
Veterans’ Mental Health Oversight Officer
“(1) The Armed Forces Act 2006 is amended as follows.
(2) After section 343C (Establishment and functions of veterans advisory and pensions committees) insert—
‘343CA Establishment and functions of a Veterans’ Mental Health Oversight Officer
(1) The Secretary of State must appoint a person to be the Veterans’ Mental Health Oversight Officer.
(2) The general function of the Officer is to oversee the mental health care and treatment provided to veterans by the health bodies specified in section 343AZB.
(3) In exercising their function, the Officer must, in particular, monitor and assess the extent to which health bodies are complying with the duty imposed by section 343AZA (Duty to have due regard to the covenant) in relation to the mental health and well-being of veterans.
(4) The Officer may require a health body to provide such information as the Officer considers reasonably necessary to discharge their functions under this section.
(5) The Officer must prepare an annual report on the exercise of their functions and the general state of veterans’ mental health care and treatment in the United Kingdom.
(6) The Secretary of State must lay a copy of the Officer’s annual report before each House of Parliament.
(7) In this section, “veteran” means a person who has at any time been a service member.’”—(Ian Roome.)
This new clause establishes the statutory role of a Veterans’ Mental Health Oversight Officer.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Question negatived.
New Clause 3
Duty to provide medical records on discharge
“(1) This section applies where a person ceases to be a member of the regular forces or the reserve forces.
(2) The Secretary of State must by regulations make provision for a complete copy of the person’s service medical records is provided to the person no later than one month after the day on which the person is discharged or otherwise ceases to be a member of those forces.
(3) Those regulations may specify the manner and form in which service medical records are to be provided under this section, including provision for records to be transferred directly to a civilian health body with the person's consent.
(4) In this section—
‘health body’ has the same meaning as in section 343AZB;
‘service medical records’ means any records relating to the person’s physical or mental health care and treatment created or maintained by or on behalf of His Majesty's forces during the person's period of service.”—(Ian Roome.)
This new clause places a statutory duty on the Secretary of State to ensure that all service personnel leaving the military receive a complete copy of their medical records within one month of their discharge date.
Brought up, and read the First time.
Ian Roome (North Devon) (LD)
I beg to move, That the clause be read a Second time.
It is a pleasure to serve under your chairmanship, Mr Efford. New clause 3 would place a statutory duty on the Secretary of State to ensure that all service personnel leaving the military receive a complete copy of their medical records within one month of their discharge date. The one-month timeframe would create a hard deadline, and it would align the provision of records with their completing their registration with a GP. The new clause would apply in respect of all regular and reserve personnel and ensure that detailed medical records are made available after discharge, to both the individual and the relevant health body.
Under the new clause, the form those service medical records take would be specified, as is now common with data disclosure, to make health information transparent and accessible. The new clause would also create a formalised handover process for all physical and mental health records to a civilian health body, such as the NHS, as already defined in the Bill in proposed new section 343AZB of the Armed Forces Act 2006. Disclosure would happen with the person’s consent in a structured way, which would help to ensure better awareness of their service history during their future healthcare.
Lost medical records have been the focus of veterans’ campaigns, such as those launched by the UK nuclear test veterans, who say that decades-old records of blood and urine samples taken during the 1950s nuclear tests may have been actively withheld from service personnel to avoid liability over radiation-related illnesses. The new clause would recognise that a service career can be dangerous, so timely transfer of a copy of a person’s medical records at the end of their service should be standard procedure.
Al Carns
I thank the hon. Member for North Devon for tabling new clause 3, which would require the provision of full medical records within one month to all personnel leaving the armed forces. The Ministry of Defence absolutely recognises the importance of facilitating the transfer of healthcare information to civilian healthcare providers quickly and efficiently when an individual leaves the armed forces.
In short, individual access to medical records is already legislated for under the Data Protection Act 2018, and we are rolling out a system that will transfer most records within a day. The Act allows service personnel to request their own military records, including healthcare records, through a subject access request. There is an expectation that records will be provided within 28 days, extended to three months for more complex cases.
Service personnel are advised to register with an NHS GP at their discharge medical, which takes place one to three months before discharge. On leaving the care of Defence Medical Services, service personnel are provided with a medical care summary and a form named FMed 133. They are advised to provide a copy of their FMed 133—a patient record access request—to their NHS GP.
The information provided to service personnel for their GP on discharge includes physical and mental health diagnoses, medication and allergies, significant past medical history, ongoing referrals and care plans, and details of significant occupational exposure with health implications. Handover discussions are had for complex cases.
When a patient’s full DMS health record is required, it is provided on request from the NHS GP. The FMed 133 provides details of how the NHS GP may request a patient’s full DMS health record. Preparing a patient’s full DMS health record for release to the individual or their GP requires clinical oversight, and compliance with data protection and security protocols must be ensured. Full DMS health records may require redaction of sensitive operational information, and their release must comply with the principles of the General Data Protection Regulation.
Ian Roome
The new clause would create a deadline and shorten the timeframe. The Minister has just said that some complicated cases can take up to three months, but it is probably those cases that need the urgency of a 28-day timeframe. I know that in future it may all go digital, but at the moment we cannot confirm that, and I get some really serious and difficult cases in my constituency casework. Does the Minister therefore agree that we really need to improve the timeframe to 28 days?
Al Carns
I agree that we need to improve the system, and I am not going to stand here and tell the Committee that it is foolproof. I have heard of many cases where health records have gone missing in the bridge between systems. That is why I want to highlight the new electronic health records system, which is already under contract and will allow the immediate electronic transfer of medical records from DMS to NHS GPs at the end of service.
Digitisation is the big issue here, alongside interoperability between Defence Medical Services systems and those in the NHS. The new system will allow the transfer of NHS records to defence on entry, and their sharing when required, which will have a big impact on recruitment, particularly in reducing the time between a person expressing an interest in joining and the moment they do so, where the transfer of medical records has been an issue in the past.
Records access and transfer can occur within a day, and the new system is planned to be live from December 2027. I hope that reassures the Committee that the new clause is not needed, and on that basis I ask the hon. Member for North Devon to withdraw it.
The Chair
When I called you to speak, Minister, there was nobody else on their feet. Since then, somebody else has indicated that they would like to speak. In the interests of the debate, I will allow that, but you will be free to come back after they have spoken, if you wish.
David Reed (Exmouth and Exeter East) (Con)
Thank you, Mr Efford; I appreciate that.
I think new clause 3 is very sensible. I know from personal experience that life in the military is fast. A person may deploy somewhere and get a number of different inoculations, and they do not necessarily think about what they were getting before being deployed. When people come out of the armed forces—I have definitely found this myself—and go travelling, knowing what they have had is really important. For someone to have to go back to the Ministry of Defence to try to get their medical records and pass them to their GPs is, as anyone who has tried to move information through GPs or NHS trusts will know, extremely difficult. As the Minister has said, moving that information between the MOD and the NHS is an even bigger burden.
My right hon. Friend the Member for Rayleigh and Wickford made a number of points about mental health, but there are smaller, practical points that the new clause would address. Having a physical copy of our military records within one month would be really valuable, so I look forward to supporting the hon. Member for North Devon on the new clause.
Al Carns
When the hon. Member for Exmouth and Exeter East left the military, I am sure he received his FMed 133. If he did, he will recognise that it contained information on physical and mental health diagnoses, medication, allergies, significant past medical history, and ongoing referrals and care plans, as well as detailing significant operational exposures with health implications.
Unusually as I moved the new clause, I am not proposing to press it to a vote, because I hope that the point has been made. I hope that the Liberal Democrats, who tabled it, will not argue with that.
Al Carns
I thank Liberal Democrat Members for tabling the new clauses. To step back, I had 24 years in the military, and I sat and watched Governments come and go—I was less interested at the start of my career, but far more interested at the end, which just happened to coincide with the previous Government. What did we see? We saw a fundamental failure to address the recruitment and retention issues. To blame recruitment on the Northern Ireland legacy Bill, which I agree we are working on, is fundamentally flawed, as is highlighting a recruitment issue in special forces: we have already talked through how that is not the case, based on very close analysis that I have done, on an issue very close to my heart.
The reality is that a new Government have come in. We have looked in detail at the problems and systemic issues in the people space, which we have all lived and breathed, and we have fundamentally dealt with them. There is a long way to go, but we are seeing the shoots of success, with a percentage increase in recruitment and a reduction in outflow. Why? Childcare initiatives. Not shiny ships, bombs or bullets, but childcare initiatives, retention payments, housing, the right to a family life—something the right hon. Member for Rayleigh and Wickford mentioned—and two inflation-busting pay rises.
Under the previous Government, morale was at the lowest level in a generation, and now it is rising. We cannot put the recruitment and retention issues down to one Bill. When I joined the military, I did not even know what a pension was; I would not have been tracking the legislation going through Parliament. These matters are usually down to the things people can feel and breathe—the things close to their fingers. Those are childcare, the right to a family life, service and operations. That is what keeps people in, and that is what we have done.
Al Carns
No, I will not. That is where we have delivered the output. The previous Government failed. We are succeeding. There is a long way to go, but we are moving in the right direction. It is about time that the previous Government held their hands up and said that they categorically failed with recruitment and retention.
David Reed
The hon. Member has a Royal Marines base and a large veteran community in his constituency. This has been an issue, and I want it to be quashed as quickly as possible. If Ministers in the Department for Transport have not been able to confirm it, I really hope that the Minister in this Committee can stand up and say that there is no issue around these points and that the veterans railcard will continue to be in play. Hopefully, we can give it more support through the passage of this Bill so that it has a statutory footing.
Without a statutory foundation, Parliament would have no formal role in protecting the veterans railcard; that is the point I am raising. The position is hard to justify when set alongside other concessions in the rail system: discounts for younger passengers, older people and disabled travellers are already underpinned by legislation. The reasoning for that approach is clear and sensible. It is therefore difficult to see why the same principle should not apply to those who are serving, or have served, in the armed forces.
If the argument rests on trusted Ministers—I look across at the Minister and he is extremely trustful—that is not a standard applied consistently elsewhere, nor is it one that we should be asked to rely on. The new clause is carefully framed and constitutionally sound. It ensures that any future changes are subject to parliamentary scrutiny, which is exactly where decisions belong.
Al Carns
I thank the right hon. Member for Rayleigh and Wickford for tabling this new clause and recognising the important contribution made by members of our armed forces and the veterans community. The Government are clear that supporting those who serve and have served remains an absolute priority. That includes ensuring that they are able to benefit from discounted travel, including through the existing HM forces railcard and the veterans railcard schemes.
However, we do not consider it necessary to place a statutory duty on the Secretary of State to secure continued provision of those specific railcards, as proposed by the new clause. As set out in the Bill, the existing legislative framework provides a strong basis for the continuation of concessionary fare schemes while allowing appropriate flexibility in how those are designed or delivered over time. That flexibility is really important: it enables the railway to respond to changing passenger needs, affordability considerations and wider policy objectives while continuing to support groups for whom the cost of travel can be a barrier.
Placing a specific scheme in primary legislation risks constraining that flexibility and creating unintended rigidity in how future discount arrangements are managed. As it stands, existing discount schemes, including those for veterans and members of the armed forces, can continue to be offered via policy and operational decisions without the need for legislative prescription.
The Government remain fully committed to supporting the armed forces and veterans community, through this and other means. I reassure the Committee that there are no plans—I repeat, no plans—to withdraw HM forces or veterans railcards, and the Government remain fully committed to supporting the armed forces community. For those reasons, while I understand the intention behind the new clause, the Government do not believe that it is required and I therefore ask the right hon. Member to withdraw it.
I thank the Minister for what he said but, given that there is still vagueness in the Railways Bill, which is why we have tabled this new clause, I am afraid that I am not entirely reassured and will have to press it to a vote.
Question put, That the clause be read a Second time.
Al Carns
I thank the right hon. Member for Rayleigh and Wickford for tabling the new clauses. The development, testing and use of uncrewed systems is vital to the UK’s defence. Not only have we seen uncrewed systems cause a significant number of casualties on the frontline in Ukraine, but we have seen their use in the Iranian conflict. To let hon. Members into a little secret, in 2017 I proposed the building of an indoor drone-testing range. Since then, or before then and continuing through, we saw ISIS’s use of drones. Now we have seen the revolution in military affairs in Ukraine. I am an individual who hon. Members will not be able to out-drone on drones, but I will say that the revolution is here to stay, and we are not going to have an option to fight differently.
After my recent visit to Ukraine, I have a couple of random statistics. At the moment, one drone equates to 22 artillery rounds in lethality and accuracy. That in itself, if we think about the height of the counteroffensive in 2023, is 900 tonnes of ammunition to the frontline. Dividing that into trucks, it is about 57 15-tonne trucks; dividing it into drones, it is two trucks to deliver the same lethality. Whatever the maths—there are lots of “circa” stats in there—the point is that drones do not just change the frontline of the battlefield. They change everything, down to logistical changes: shipping, trucks, movements, industrial pipelines and the supply chain. That is significant.
Although the Government recognise the importance of regulatory reform to the uncrewed systems sector in the UK, we are satisfied that the current law and regulations allow defence to develop, test and train uncrewed systems without the need for the new clauses. The defence uncrewed systems centre, which is coming in the future, will lead the development of testing and training for uncrewed systems, using the freedoms that the defence safety regulators already enjoy. It is not lost on me that there is a requirement for better education and communication as drones proliferate across defence. There is a lack of capacity and coherence among the different regulators. The uncrewed centre should bring them together and reduce bureaucracy, increasing a systematic approach to dealing with regulatory requirements that delivers more testing and trialling across more of the defence space.
Ongoing work by the Department for Transport and the Maritime and Coastguard Agency is further supporting the testing and training of non-defence uses of maritime uncrewed systems. There lies the critical point: defence systems have a lot of freedoms to test and trial. When companies are developing capabilities that are not defence systems, and that have not been brought into a trial as part of a procurement process, those are in the civilian space. That is where we need to make the changes, and that is why we are in discussion with the Department and the agency to do so and make things easier.
David Reed
The Minister has a great deal of experience in this space, and defence is working hard to unblock some of these issues. The point I raised in my speech was that it is almost impossible to work through the split responsibilities across so many different Departments and regulatory bodies. As we have had regulations built on top of one another, we end up in a quagmire. Across all these different Departments and agencies, who is the accountable head who co-ordinates to make sure that regulation is fit for purpose?
Al Carns
The hon. Gentleman asks an impossible question. For example, there are sub-surface uncrewed systems, surface uncrewed systems, airborne uncrewed systems, airborne uncrewed systems that come off surface systems, and surface systems that deploy uncrewed below-surface systems. Trying to find an individual or body that will deal with all of those—across the totality of airspace, sub-surface and surface regulation—is exceptionally difficult. I can assure him that we are taking all our different defence regulators and putting them together—hopefully, over time, in one location—with the experts who know the good, the bad and the ugly when it comes to drones and uncrewed systems. That will make defence far more effective in articulating the requirement, procuring the systems and then pushing those systems into the Army, Navy and Air Force. That will come in due course.
I will confine the rest of my remarks to the effect of the new clauses. New clause 9, as set out in the explanatory statement, would enable an authorised person to approve the use of drones for routine testing, evaluation and training. I draw the Committee’s attention to the fact that the Defence Maritime Regulator and Military Aviation Authority can already authorise the use of uncrewed systems for routine testing, evaluation and training, and that more than 30 maritime systems are already approved for routine testing, evaluation and training. In addition, the Defence Maritime Regulator is bringing forward proposals to establish regulatory sandboxes for the testing and training of uncrewed maritime systems, in line with recommendation 39 of the strategic defence review. I think that that is due at the end of the month, but I will come back to the Committee on that.
New clause 10 would create a new authorisation regime to designate offshore areas for drone operations. In bringing forward proposals in line with the SDR recommendation, the Defence Maritime Regulator will also increase access to areas for testing and training for non-sponsored systems. The proposals therefore do not require changes to primary legislation, and are under way already.
New clause 11 would place a statutory duty on the Secretary of State to publish and lay before Parliament annually a review of the regulatory framework for uncrewed systems. Again, primary legislation is not required for such a review. The defence industrial strategy team within the MOD recently conducted a review of the regulatory system governing uncrewed systems. In addition, the Defence Safety Authority regularly conducts reviews of all defence regulations to ensure that they remain fit for purpose for new and emerging technologies.
I turn to new clause 14. The explanatory statement sets out that this new clause would enable the Secretary of State to designate uncrewed maritime systems as warships for domestic law purposes. However, the Defence Maritime Regulator already has the authority to disapply elements of civilian regulation for defence purposes.
I will just make a couple of extra points. If there is no need for regulatory change, why are certain parts of industry unhappy? The Government are already engaging extensively with industry to understand the variety of constraints that exist and we have conducted multiple reviews within the Department, as well as with civilian organisations.
I would argue that the Government are actually going faster and further to enable autonomy than ever before, and that is only going to increase. We are establishing the uncrewed centre of excellence to ensure that there is coherence. We are maximising the freedoms enjoyed by defence regulators to allow for more testing and training, and, over time, increasing capacity. Importantly, we are also exploring with the Department for Transport and the Maritime and Coastguard Agency how they can further support civilian applications in the maritime domain.
I hope that I have reassured the Committee on why new clauses 9, 10, 11 and 14 are not needed. I ask the hon. Member for Exmouth and Exeter East not to press them to a Division.
David Reed
I thank the Minister for his response. He has a great deal of experience in this area, and I know that there will be no one else in Parliament who is pushing for progress in it as hard as him. However, there is a systemic issue across the Government that they need to sort out. Having spent a lot of time with the defence industry, which is producing these technologies, and knowing the rate of change that companies in the industry are going through, we need to send a strong demand signal to them that we are trying to change regulation so that we can actually allow them to develop in this country, and to grow, scale up and export.
Despite those answers from the Minister, I want to try and push the new clauses as much as possible, so I will seek Divisions on them.
Question put, That the clause be read a Second time.
The Chair
I will now suspend the sitting for 10 minutes for a comfort break for the Chair, if the Committee does not mind.
Al Carns
I thank the right hon. Member for Rayleigh and Wickford for tabling new clauses 13 and 15.
New clause 15 seeks to exempt members of the reserve forces deployed on operations from the European convention on human rights for that period of deployment. As the Committee will know, the UK has an international legal obligation to comply with the provisions and protections contained in the ECHR. The ECHR provides for legally enforceable rights within the jurisdiction of the state. That includes, in exceptional circumstances, extraterritorial jurisdiction which applies beyond the territory of the state. The UK is obliged to guarantee rights under the ECHR in circumstances where the armed forces either exercise authority and control over an individual, for example a detainee, or over an area, for example military occupation.
New clause 15 seeks to change domestic law, but it should be made clear that that would not remove the UK’s international obligations under the ECHR. As a signatory to the ECHR, the UK cannot simply opt out of its obligations on a case-by-case basis. Removing the potential for these matters to be considered in the UK courts merely provides a fast track to Strasbourg. The only formal route to avoid the UK’s obligation under the ECHR would be to withdraw from the convention itself, and it is this Government’s position that we remain a party to the European convention on human rights.
That leads us to new clause 13, which seeks to emulate clause 12 of the Overseas Operations (Service Personnel and Veterans) Bill introduced by the last Government. That clause would have required any future Secretary of State to consider whether to make a derogation under article 15 of the ECHR. That article provides:
“In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.”
At the time, concerns were raised that clause 12 of the Bill risked damaging the UK’s reputation for upholding the rule of law and our commitment to human rights. It was also seen as unnecessary, in that the Government can already derogate under article 15 of the ECHR, meaning that the provision did not add any additional legal power; its inclusion seems to have been largely symbolic. I am uncertain why the Opposition would seek to reintroduce the provision in this Bill, when the last Government agreed to its removal from the Bill. I therefore urge the right hon. Member not to press these new clauses.
I have listened to the contributions during this debate, one of which I think was particularly unworthy; having heard that contribution in particular, I now wish to press both new clauses to a vote.
Question put, That the clause be read a Second time.
David Reed
I rise to support new clause 16, tabled by my right hon. Friend the Member for Rayleigh and Wickford. In the last 10 years working in the defence space—in the civil service, with industry, handing out defence contracts, running a small or medium-sized enterprise that worked with defence, and working for a defence prime—I have seen at first hand what happens when political malaise in this place slows down the defence process. I refer back to the previous discussion on automation in relation to another provision. At a time when the world is becoming far more dangerous, and when we need to innovate, work with people and carry out the recommendations of the SDR for a whole-of-society effect, we need to bring people together. We also need to make sure that the rhetoric in Parliament, which is reflective of the international system, marries up with investment. We are not seeing that at the moment.
I am sure that the Minister and Labour Members have had conversations with European and American partners who are looking at the UK and seeing the assets that we are starting to give birth to. To go back to the phrase I have used repeatedly this afternoon, if you want to grow, you have to go. Companies are seeing that they cannot get the investment here and cannot access the regulatory environment. The Government contracts are not coming out because the DIP has not been agreed yet, so they are now saying, “We want to help out the UK and defence, but we are not in a position to do that because there are no contracts.” That is happening in real time, and those companies are simply closing down or leaving, and the people with that expertise are going to other industries.
We cannot do this; it is beyond a farce. These are Government timelines. The Government said they would release the DIP back in October. That is why I do not agree with the comments of the hon. Member for North Durham about purdah and going into an electoral period, because we originally said that it would be October. It is all well and good using the election as a new excuse, but we have had since October. How can we be so late, and how can we not have a proper argument for why it is not here?
I know the Minister wants to get this done as quickly as possible—the whole Defence team wants to get it published—but there are wider problems in governance. The media has reported today that there are splits in the Cabinet about this. Conversations are being forced, and I hope that Ministers will align on that and speak out as quickly as possible.
Al Carns
I thank the right hon. Member for Rayleigh and Wickford for tabling new clause 16. The Defence Secretary has been really clear that we are working flat out to finalise the defence investment plan. I think it was a slip of the tongue that needs to be corrected in Hansard—
Al Carns
I would like to correct Hansard, because I think there was a slip of the tongue when the right hon. Gentleman said “drip”, not “DIP”. There seems to be an element of dripping going on about the DIP. Well, for 14 years there has been a dip in morale, a dip in recruitment and retention, a dip in ship orders, a dip in aircraft orders, a dip in capability, a dip in successful major programmes—48 or 49 major projects have been delayed or over budget—and a dip across a whole plethora of capability in the Army, the Navy and the Air Force, and then you wonder why the DIP is taking so long. Unfortunately, whether we collectively like it or not, you left a hollowed-out and massively underfunded—
Sarah Bool
The Minister is talking about the past, but we always talk about the importance of the present and moving forward. All the plans that the current Government want to put in place and give security for require the DIP. One can blame whatever happened in the past, but that does not get us any further forward. Elements of this Bill, such as the defence housing programme, absolutely require the DIP so that we can put in place the contracts that have been promised. If we do not give the markets certainty, we will never be able to make the improvements that the Government seek.
Al Carns
The reality is that we are already spending. We have awarded more than 1,200 major contracts since the election. There is a £1 billion contract for military helicopters in Yeovil, £500 million has been invested in state-of-the-art British Typhoon jets, and there has been a £100 million boost for the RAF P-8 submarine-hunting aircraft. The DIP needs to come, but we have collectively been left an exceptionally complex problem set. The war in Ukraine is driving transformation, and we have a hollowed out and underfunded defence, with old capability platforms arriving that are no longer relevant because of the technological revolution in Ukraine—
Luke Akehurst
Does my hon. and gallant Friend agree that the problem is not just the legacy that his Department inherited, but the wider legacy of debt that our Government inherited, which means that the path that Germany is going down—raising new finance—is not open to us? We inherited a bow wave of immense welfare spending from the previous Government, who let the welfare bill get out of control. This is not happening in isolation; these are systemic problems of government that we are having to address, and we are having to find a source of funding for the incredible investment that we now need to make.
Al Carns
My hon. Friend highlights that this is not just a multifaceted problem within defence or the security architecture of the nation, but a consequence of what the broader Government inherited collectively. If not over 14 years, at least in the last four years, we saw Ministers change at such a fast rate, we ceded responsibility to the civil service, and we sat in a wallow of bureaucracy and process that has delivered nothing. That is why we are having to deliver the change required to get after it. I would rather get it right once than get it wrong three or four times, as we have seen over the last 15 years.
David Reed
There is a major inconsistency in this new line of attack. I do not want to fall into the blame game, because we need to look forward and be in a position where we can protect ourselves and our country, but we are essentially now blaming officials. [Interruption.]
David Reed
We are now blaming officials. If the original deadline for the DIP was October, and now the argument is that the delay is because so many problems have been identified, were the Ministers’ officials telling them inaccuracies about when it could be published?
Al Carns
First, to be absolutely clear, we are not blaming officials in any way, shape or form. What we are saying is that when the leadership is changed every 10 to 15 minutes, consistency in command and control will be lost. An individual who has such experience in command will know that, and the hon. Member knows—the Committee knows—that when people are shuffled and changed every six months to a year, the system resets. That is not a problem with officials; it is, unfortunately, the culture that we have in large organisations. Various Committee members understand that. For a long time—the last 14 years—we have shuffled people at an unprecedented rate.
I want to clarify another point. We talked about inconsistency on the fifth floor, but there is none; we have our portfolios and we deal with those portfolios as a whole. I have been pushing really hard to ensure that the uncrewed lessons that we learned early on are included in the DIP.
Another concern was expressed pointing to individuals for being rude. I genuinely believe that a bit of self-reflection is required from Committee members on who is rude and who is not, and on how we can misinterpret what people say.
The Chair
Order. Let us come back to the subject of the new clause and not reopen that debate.
Al Carns
Our aim is to ensure that the decisions in the plan are robust and support the development of current and future capabilities to help drive the transformation of the armed forces, as described in the strategic defence review. It will be an affordable, deliverable programme to transform our armed forces, and it will highlight how this Government’s historic investment in defence will deliver warfighting readiness to deter increased threats and drive defence as an engine for growth.
We have announced the largest sustained defence spending increase since the cold war: 2.6% of GDP from 2027, with an additional £5 billion for defence this financial year and £270 billion of investment across this Parliament, ensuring that there is no return to the hollowed-out armed forces of the past.
Ministers keep talking about this “largest sustained increase” in defence spending since the cold war. Why, then, were there £2.6 billion of efficiency cuts last year, and why is there a target for £3.5 billion efficiency cuts this year?
The Chair
Order. This debate is about the period in which the DIP should be published, not about how much is in the budget. Can we get back on the subject, please?
As a right hon. Member, I am afraid that we have just heard the same ministerial bluster that we have had for months, so I will press the new clause to a vote.
Question put, That the clause be read a Second time.
The Chair
Order. During that Division, I called for the doors to be locked before the hon. Member for Solihull West and Shirley was present, for which I apologise.
New Clause 17
Defence Readiness Plan
“(1) Within one month of the passage of this Act, and every 12 months thereafter, the Secretary of State must lay a Defence Readiness Plan before both Houses of Parliament.
(2) The Defence Readiness Plan shall include, but shall not be limited to, a statement of the number of personnel in, and readiness of, each of the Reserve Forces governed by the Reserve Forces Act 1996.”—(Mr Francois.)
This new clause requires the Government to publish a Defence Readiness Plan which must include information about the numbers and readiness of reserve forces.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
This is the last new clause we will debate today, so I will try to keep to the point. New clause 17 would require the Government to publish a defence readiness plan, which must include information about the numbers and readiness of reserve forces.
In a sense, the new clause gets to the heart of what people conceptually believe our armed forces are for. I have always believed that they exist to save lives, by persuading any potential aggressor that they could not win a war with ourselves and our allies. The Minister will forgive me, because he has heard this from me before, but it is summed up in the Roman military theorist Vegetius’s famous phrase, “Si vis pacem, para bellum”—“He who desires peace should prepare for war”.
When he published his strategic defence review, Lord Robertson emphasised readiness, but the official policy of the Government, as announced in that review—from memory, on page 43—was that we in Britain should be prepared to fight a peer enemy with allies by 2035. That is nine years from now. The Chief of the General Staff, General Sir Roly Walker, said about a year ago that we might have to be prepared to fight the Russians in 2027, just one year away, and the First Sea Lord is on the record in another forum saying that we might have to fight them by 2029. There is a clear dichotomy in terms of readiness between the policy of the Government and the Ministry of Defence and the policy of at least two of the service chiefs.
When the Government asked Lord Robertson to front the SDR, they knew what they were doing. He is very widely respected, he oversaw the 1998 strategic defence review, and he is also a former Secretary-General of NATO. When added to Sir Richard “not-an-armchair-general” Barrons and Dr Fiona Hill, in fairness to the Government, they had a credible front-of-house team to conduct the review. They were all adamant that the price of delivering readiness was defence spending at 3% of GDP.
What did Lord Robertson say about our preparedness and readiness to go to war, if necessary, at a speech in Salisbury on Tuesday night? He said this:
“We are underprepared. We are underinsured. We are under attack. We are not safe…Britain’s national security and safety is in peril.”
Lord Robertson is deeply respected. There is no way he could be characterised as some kind of Tory stooge; he has never been a stooge for anybody. For him to be warning us about these risks is a really serious wake-up call, and for him to accuse the Prime Minister of “corrosive complacency” in being ready to defend this nation is an extremely powerful intervention. In pub English, the authors of the review have plainly had enough. They have gone public and are being very critical of the Government. What was the point of them spending a year doing that very detailed report if the Government they reported it to have not followed up on what they advised them to do?
I note in passing that the Health Secretary is today quoted as saying that we should cut welfare to fund defence. When he was challenged about why he said that, he said that Ministers
“need to put more money”
into the armed forces, and that expenditure has
“got to come from somewhere.”
In terms of improving our military readiness—here is where I suspect we part company—we announced a few weeks ago that we would return to the two-child benefit cap. That would generate about £3.2 billion in a full year, and we would use at least half that money to increase the size of the Regular Army, subject to the problems of recruitment and retention, to 80,000 and the active Army Reserve to 40,000, making for a mobilisable Army of 120,000. There is a very clear difference between us and the Government on this.
For the sake of brevity, I end with one plea to the Minister for information. We have had our argument about when the defence investment plan should be published. We are asking for a defence readiness plan through new clause 17, but the Government have promised a defence readiness Bill. As we are pretty close to the King’s Speech, can the Minister tell us whether that Bill will be in it? If it will be, when is it intended that the defence readiness Bill—which, given its name, surely will be designed to improve our readiness for war—be on the statute book? We have Lord Robertson telling us that we are underprepared, underinsured and under attack—do not take it from me; take it from him—so where is the plan and, more to the point, where is the defence readiness Bill?
Al Carns
I thank the right hon. Member for his views on the Bill and acknowledge his request for us to publish a defence readiness plan that must include information about the numbers and readiness of the reserve forces. One of the main reasons we are underinsured, underprepared and under attack is the systemic underfunding of defence over the last 20 years, and since the end of the cold war, and our pursuit of usually non-state actors at a cost to our state-countering capability.
However, for the first time in decades, the Government have set a clear path for the next decade and beyond to transform and boost our reserve forces, through the strategic defence review. I reassure the Committee that we have been clear about our move to warfighting readiness, and the MOD is working around the clock to deliver that through our armed forces plan, as stated by the Chief of the Defence Staff at various recent briefings.
However, for reasons that I am confident all Members of the House will understand, these readiness plans should not be subject to a statutory requirement for publication. The House is already equipped with robust and appropriate mechanisms to scrutinise defence and defence readiness, including this Committee, the House of Commons Defence Committee, the House of Lords International Relations and Defence Committee, and the Intelligence and Security Committee.
Furthermore, the Ministry of Defence publishes quarterly personnel statistics containing data on strengths, requirements, intake, applications and outflow. The latest set, containing data up to 1 January 2026, was published at the beginning of the month. We already provide extensive information on the readiness of our reserve force, and disclosing comprehensive details of our readiness plans could risk giving our adversary a strategic advantage. I hope that provides the necessary reassurance to the right hon. Gentleman and, on those grounds, I ask him to withdraw the motion.
We do indeed have a disagreement on principle. I suspect that the Minister might privately have some sympathy with the new clause but, for reasons we are all aware of, he cannot say so today. I will give him a chance to vote with us by pressing the new clause to a Division.
The Chair
That brings us to the end of our line-by-line scrutiny of the Bill. I will put the Question to report the Bill to the House once we have agreed the special report next week.
Al Carns
On a point of order, Mr Efford. I take this opportunity to thank all colleagues and all Opposition Members for our healthy and important debates. Importantly, I also thank all the Clerks, officials and you in the Chair, Mr Efford, for pulling the Committee together and making it run smoothly. It is not lost on me that the Bill is hugely important. A lot of the clauses are about getting us ready and preparing us should a crisis befall the country. The Bill is doing nothing other than thickening our ability to protect the freedoms that we have exercised here in this Committee Room. On behalf of those of us on the Government Benches, thank you very much indeed.
Further to that point of order, Mr Efford. I very much echo the Minister’s sentiments. We have agreed with the general thrust of the Bill from day one. We said that we would attempt to be a critical friend and to improve it, or to make suggestions, and the Minister—to be fair to him—has said on a number of occasions that he will take things back to the Department or take a closer look. I know him, and if he says that, I know that he will. I am afraid the officials will have some extra work to do.
Thank you, Mr Efford, for chairing our proceedings with a light touch and, if I may say so, a sense of humour. I thank the excellent Clerks for assisting us with amendments and providing good advice, and for organising the excellent visit to Portsmouth. I hope that we have done the House some service. Along with all my colleagues, I thank all who have been involved in this process. We look forward to producing our report and to debating these matters on Report.
(4 months, 4 weeks ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for the Armed Forces (Al Carns)
I thank the hon. Members for North Devon and for Tunbridge Wells for the amendment. It is a pleasure to serve under your chairmanship, Mr Efford, and I thank the Clerks and staff, who are doing a fantastic job. I acknowledge Members’ concerns about the importance of retaining skills in the armed forces, which we all agree is critical to ensuring that we have a fighting force.
Let me address amendment 7. Despite the well-documented historical shortfalls in recruitment and retention, the figures are now far more positive. Under this Government, inflow is up around 13%, which we welcome, and outflow is down 9%. We have cut a lot of red tape—I will come back to that in a minute—addressed system blockages and established a ministerial board to oversee both inflow and retention, among many other improvements.
However, we are not complacent, and we are looking to drive our retention rates up further. Transparency and parliamentary scrutiny are crucial throughout this process, so that the public can clearly see how the changes we are implementing are enhancing their experience and delivering good value for the taxpayer. I appreciate the call from the hon. Member for Tunbridge Wells for an annual report, but I am concerned that that would create an additional layer of bureaucracy and red tape and largely duplicate information that is already available. As he mentioned, there is a need to step back and look at the issue holistically.
To give Members a small example, we publish around 80 statistical reports every year—some quarterly, some yearly and some twice a year. That is a huge amount of data that is collated and presented both to Parliament and as open source. We already publish, and will continue to publish, information on the size and make-up of the armed forces through our quarterly personnel statistics, which will make plain the effects of retention measures for both regulars and reserves. We also continue to publish the outcomes of the various continuous attitude surveys that the MOD runs annually, where we can see the change in attitude to some of the key drivers that affect people’s desire to stay.
One of the key measures to assist with this is clause 31, which will ensure that regulars do not have to leave their service to join the Volunteer Reserve, thus making career transitions and flexible careers far easier. The right hon. Member for Rayleigh and Wickford mentioned some of the bureaucracy and difficulties in leaving regular service and joining the reserves, and a plethora of evidence highlights that difficulty. The clause will remove the requirement to leave one service and rejoin the next. Around 1,500 ex-regulars join the Volunteer Reserve every year—about a third of the total intake.
Another issue with people going from the regulars to the reserves is that a lot of senior-ish ranks leave—OF-3s, OF-4s, majors or lieutenant colonels—and there is just not the space or requirement for them in the reserves, so sometimes they have to de-rank or join at a different level, creating another bureaucratic hurdle. Although the clause will make it easier for service personnel to transfer from the regulars to the Volunteer Reserve, and we encourage them to do so, it is on a mutually agreed basis; there must be a suitable role for them to go to—for example, rank, skills and so on—and the serviceperson will have to agree to the terms and conditions.
Mr Paul Foster (South Ribble) (Lab)
I can provide a real-world example of how ludicrous the current system is. A friend of mine joined the Paras, completed P company, served with the Paras, smelt the coffee, and joined the REME and transferred to the Royal Engineers. He served for about 12 years in colour service and left. Within a year of leaving, he wanted to join his local reserve infantry unit, which said that it would accept him only if he did full reserve basic training. I take it that this legislation will prevent that nonsense in the future, because it seems ludicrous.
Al Carns
My hon. Friend highlights a good point. That issue is replicated across the entire service—not in all cases, but in many. People are having to go back through medical within six months of leaving, having to go back through basic training, or having to redo the commando course—you name it. There is a litany of issues. The Minister for Veterans and People is looking at that to see how we speed up the process. Sometimes there is no room for those individuals in the reserve liability, given the rank and position they want to come in at, which can create a difficult discussion about whether they have to de-rank—joining at a lower rank than they left. I absolutely agree that we have to smooth out those issues, and the Minister for Veterans and People is on it.
The hon. Member for South Ribble has raised a good point. When people leave the regulars now—I am probably rusty on this—is there a standard operating procedure where they are invited to consider joining the reserves and given a pathway for doing that before they leave? All the anecdotal evidence says that if they try to transfer at that point, it is still bureaucratic, but it is a lot less bureaucratic than doing it after they have left. Do we ask that question as a matter of course and offer people a pathway if they say yes when they are still in the regulars?
Al Carns
Because of the decentralised nature of the military, some units, depending on reserve liability, will absolutely try to recruit those individuals into the reserve immediately. There is not carte blanche across the entire military, because in some areas we do not necessarily need those individuals in the reserves—if that makes sense.
Going back to the point made by my hon. Friend the Member for South Ribble, there is a lot more work to do to make the transition much smoother. Clause 31 will reduce the huge bureaucratic hurdle of individuals having to leave the regular military to join the reserves. Over time, it should become seamless, so someone can also go from the reserves back to the regulars. We want to replicate a civilian job where, for example, if someone has welfare issues, they can leave and do a couple of years in the reserves, and then come back into the regulars far more seamlessly. That will also allow someone to pursue a career in the defence industry, for example, if they are a technical expert.
David Reed (Exmouth and Exeter East) (Con)
It is a pleasure to serve under your chairship, Mr Efford. I raised a point about clearances when we first started discussing the Bill, and that is one of the sticking points we need to get right. If people have secured security clearances—enhanced developed vetting—in the military, but then go into an organisation that does not hold that clearance and it elapses after three, six or however many months, they are lost. If they then want to go into the defence industry where they might need developed vetting—and we want those people to be going into the defence industry—they have to start the process all over again. They might waste 12 or 18 months, or two years, getting cleared again. Can something be done to hold clearances in a sort of bucket—I know other organisations do that—to make that zig-zag process a lot easier?
Al Carns
I would like to return to the hon. Gentleman with the detail around that vetting process, but I will give an example of some of the complexities. If an individual leaves and goes to work overseas for another company, that may invalidate their DV status, so we need to take it case by case. However, he is absolutely right that we need to make it easier, if we are going to adopt a zig-zag career process, for vetting to follow suit, almost by exception, but individual cases need to be taken into consideration.
Clause 31 amends part I of the Reserve Forces Act 1996 and section 331 of the Armed Forces Act 2006, which concern the transfer between regular and reserve forces—something I just discussed. The changes to armed forces legislation will enable those of warrant officer rank equivalent and below to more easily transfer to the Volunteer Reserve. Further, they will permit a more seamless transfer into regular service for reserves. We will also amend the secondary legislation that covers officers, who are employed differently and therefore not covered by this legislation, so that the same effect is achieved for them.
To address the comments made by the right hon. Member for Rayleigh and Wickford, the Strategic Reserve is slightly different. I will be relatively honest: the reserve architecture that we have inherited, which has gone on for multiple Governments, is a continual layering of bureaucracy, to such an extent that I describe it as a spaghetti soup of terms and conditions of service, pension payments, liability, skills, qualifications and patronage. It needs simplifying. Alongside other clauses, clause 31 is one of the first steps in moving towards a more simplified process that will allow us to capture data more effectively and use the Strategic Reserve as and when required.
I give a couple of examples. The right hon. Member was right to mention that there are 2.1 million veterans out there. Most of them came from conscription or national service, and the reality is that we never kept records on any of those individuals. There are records on some pensions, but not all of them were entitled to pensions because the pension system was different. As a result, it is exceptionally difficult to map and track their skills and capabilities, and even how long they served. Those are some of the reasons why it takes so long to go through the claims process. There are warehouses full of documents and medical records that are still analogue, not digital. They require humans to go through big yellow pages of files to find data to cross-check with doctors and so on. The records and recording system have never been digitised, and it is exceptionally difficult to do so.
On the Strategic Reserve and the numbers, circa 15,000 people leave the military every year. At the moment, for those in the Army, Navy or Air Force, whether they are an officer, warrant officer or another rank, depending on how long they have served, there is a different liability for return to service. That means that when they leave the gates, they still have a return of service and they can be called on by the nation to serve again. That can be for four years, six years or 18 years in some cases—it depends. It might be more for an officer or less for another rank. It is, again, a complete mess. The Bill simplifies it. Everybody will do 18 years. Whether someone is an officer, another rank, Army, Navy or Air Force, they will do 18 years when they leave the military.
I am a marine, so Members should be careful of my maths, but 15,000 times 10 will give us 150,000 in the Strategic Reserve within 10 years. That is on top of what we already have—on top of those in the reserve and regular forces. That is probably two echelons of the Army. It is a fantastic clause that gives us more redundancy and resilience as a nation over the longer term, and ensures that we have a proper package.
The critical part, highlighted by the right hon. Member, is how we collect the data. How do we ensure that we can track and pull back the right skills at the right time to deliver the effect we need, whether that be a Typhoon pilot, a nuclear engineer, a chef or an infantryman? We are working through the details. There is something clever to be done with the veteran ID card, with pensions—although there is a GDPR issue there—and with the individual’s requirement to stay in touch with the military. It is a combination of all three, while accepting that some people who leave the military want nothing to do with the military ever again.
Al Carns
I mentioned some statistics about what we have now. It is circa 90,000 to 95,000 when we add in the four-year, six-year and 18-year mix that we have across our terms of service. If we then add on, say, five years times 15,000, we again get into the space of about 150,000 to just shy of 200,000.
When we look at the maths for the Army, we see that it needs about an echelon to two echelons in depth, and then it needs a training cadre to deliver that capability. That training cadre will primarily be the reserve forces we have already. Consequently, I think we have done enough to move the dial to give us a big enough number and to standardise the process. As always with these things—I am not a data expert—the trick is collecting the data and then being able to analyse it at the right time to get the right force that we need, because we may not need all of those individuals back. We may need very specific skills or individuals.
I will return to some of the tri-service changes. The tri-service transition framework will be launched this month. It aims to standardise the process for leaving, to tackle inconsistencies for vulnerable cohorts and in skills capture, resettlement, employment support and regular-reserve transfer. That is heading in the right direction.
A lot of the changes that I have just talked about will bring immense benefit to both those in the regular service and the reserve service, by removing the administrative issues that service personnel face, and have faced in the past, when leaving and rejoining, or as they seek to move between regulars and reserves and vice versa. This is vital to the wider work that we are doing to create a new framework that will allow for a more flexible service, ensuring that we have access to the right skills and increasing retention by offering alternative forms of service. That reflects many of the recommendations in the Haythornthwaite review, which was conducted under the last Government.
I hope that what I have said provides the necessary reassurance to the hon. Member for Tunbridge Wells. I ask him to withdraw amendment 7 and I commend clause 31 to the Committee.
Mike Martin
In the light of the Minister’s comments, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 31 ordered to stand part of the Bill.
Clause 32
Call out for permanent service
Question proposed, That the clause stand part of the Bill.
The Chair
With this, it will be convenient to discuss the following:
Amendment 1, in clause 33, page 51, line 31, at end insert—
“(2B) This section does not apply to any person who was discharged from the regular services or the reserve forces for a medical reason relating to physical or mental health.”
This amendment makes former service personnel who have been discharged from the armed forces for a medical reason relating to physical or mental health exempt from being recalled to permanent service.
Amendment 20, in clause 33, page 52, line 1, leave out “65” and insert “67”.
This amendment increases the maximum age for service in the Reserve Forces from 65 to 67.
Amendment 21, in clause 33, page 52, line 10, leave out “65” and insert “67”.
This amendment is consequential on Amendment 20.
Amendment 22, in clause 33, page 54, line 6, leave out “12” and insert “18”.
This amendment would extend the duration of a recall order from 12 months to 18 months.
Amendment 23, in clause 33, page 54, line 43, at end insert—
“69C Prevention of recall for persons in reserved occupations
(1) The Secretary of State may make regulations to define certain categories of civilian work as reserved occupations.
(2) A ‘reserved occupation’ under subsection (1) is any category of civilian work which the Secretary of State deems as vital for defence purposes.
(3) Persons undertaking a reserved occupation may be exempted from a recall order under section 69A for which they would have otherwise been liable.”
This amendment would allow persons undertaking civilian work which the Secretary of State deems vital for defence purposes to be exempt from a recall order under section 69A.
Amendment 24, in clause 33, page 54, line 43, at end insert—
“69C Notice periods for recall
(1) Those reservists in Army Reserve Group A, or its equivalents, shall, following the coming into force of the Armed Forces Act 2026, have their standard notice reduced from readiness category R9 (180 days) to R8 (90 days)
(2) For the purposes of this section, ‘Army Reserve Group A’ has the meaning defined in the Reserve Land Forces Regulations 2026.”
This amendment would increase the readiness requirement for reservists in Army Reserve Group A from 180 days to 90 days.
Clauses 33 to 35 stand part.
Schedule 5.
Clause 36 stand part.
Al Carns
Clause 32 amends the Reserve Forces Act 1996 to enable the Secretary of State to disapply aggregate service for members of the reserve forces when making a call-out order under sections 52 or 54 of the 1996 Act. Currently, the maximum duration of service under a call-out order under section 52—for national danger, great emergency or an attack on the United Kingdom— cannot usually exceed three years, and is usually 12 months for “warlike operations”. This maximum duration is calculated by combining the current service of a call-out order under sections 52 or 54 with any relevant service in aggregate. “Relevant service” means any permanent service within the six years or three years immediately preceding a reservist’s current service under a call-out order.
These clauses allow the Secretary of State to disapply those limits in extremis, allowing us to call out our reservists—this will apply mainly to the Volunteer Reserve—more often. They will thereby ensure that we have access to a full range of key skills, from cyber to logistics, in the event of a transition to conflict and war.
Clause 33 makes five important changes in relation to recall to service, and it goes further to try to simplify the process I talked about previously. First, this provision introduces recall liability for former volunteer reservists of other ranks. Currently, only former volunteer reservist officers and former regulars of any rank have recall liability.
Secondly, this provision will increase the age limit for recall for other ranks from 55 to 65. This will allow us to continue to access key trade groups, such as cyber and medical, where former members of the regulars are still using these skills in their civilian lives well beyond the age of 55.
Thirdly, the recall liability for Royal Navy and Royal Marines personnel of other ranks will move from six years following discharge to 18 years; again, I am talking about the difference between terms. This will ensure consistency with the Army and the RAF, and put everyone on an equal footing.
The fourth change, via proposed new section 69A of the Reserve Forces Act 1996, will provide an ability to recall certain individuals when warlike preparations are in progress. It will create a new power to make a recall order for this purpose. “Warlike preparations” means that we will be able to recall someone sooner than is the case presently, because the current threshold for being able to recall people—when there is a great danger, a national emergency or an attack on the United Kingdom—may be too late in a modern transition-to-war scenario. The relevant roles could include roles such as logistics preparations, planning and specialist capabilities. This measure brings those subject to recall in line with the call-out provisions of the Volunteer Reserve and ex-regular reserve.
The fifth change in clause 33 enables the disapplication of aggregate service under a recall order made under the existing section 68 and proposed new section 69A of the Reserve Forces Act, mirroring the approach taken by clause 32. Clause 34 makes consequential amendments following the changes made by clauses 32 and 33.
Clause 35 and schedule 5 introduce two new transitional classes to manage how the new liabilities apply to existing and former personnel. It is important to note that to ensure defence is able to access the right skills in its reserve, while also maintaining its commitments to those who have left, the MOD will introduce these measures via the following method. Unless individuals opt out, they will affect every member of the Regular Reserve and Volunteer Reserve who is in service when these provisions of the Bill come into force.
Around 17,000 people leave the regular and reserve forces every year—I said, 15,000 earlier, but this number includes the reserves—of which the vast majority will now have some form of liability. Current ex-regular members of the reserve forces and those still subject to recall under part VII of the Reserve Forces Act—or those who will otherwise have recall liability solely as a result of these changes—will be able to opt in to the new system should they wish to do so. We are currently analysing how many people this might affect. That is an opt-in process if someone has left.
It should be noted that the fitness or medical criteria applied to these individuals will be assessed on a case-by-case basis. A large proportion of individuals in the Strategic Reserve are in their 30s or early 40s and therefore may well still be medically fit for a large number of roles. In addition, the changing nature of modern defence also means that there are valuable roles, such as cyber and operating uncrewed aerial systems, that do not require the same medical and fitness standards as roles such as infantry or aircrew. In reality, the provisions will enable defence to access more of the right people with the skills and experience it needs at times of need.
Does the Department have at least a working estimate of how many people it thinks will opt in to that liability, bearing in mind that they cannot be recalled otherwise? What is the planning assumption within the MOD?
Al Carns
We do not have an estimate of how many people will opt in, and I think that would be very difficult to gauge. First, a lot of those individuals already have a liability, because they may be on 18 years already—some will be on six or four years, and some will be officers. To gauge how many people are already in and how many people are going to opt in is very difficult. I would like to think that a lot will opt in, but if they do not, we already have the existing Strategic Reserve, which is at circa 95,000, and the number starts flowing as soon as the Bill comes into force, when everyone who leaves will have 18 years. The number of people who are serving who opt out will also be an interesting reflection, and something to analyse after the event.
Clause 36 corrects an anomaly in the existing legislation. Under section 96 of the Reserve Forces Act, failure to attend for service on call-out or recall is an offence of desertion or absence without leave. That is applicable to members of a reserve force as well as persons liable to recall. However, under section 98, there is no punishment for this offence for those with recall liability as there is for members of a reserve force. That produces an unintended anomaly: an offence is created without a penalty. The clause therefore removes that anomaly and ensures that legislation clearly sets out the possible consequences for an offence of failure to respond to a recall order.
To sum up, the measures will help to maximise the number of personnel available to defence and will modernise the Reserve Forces Act. The measures align with the direction provided by the strategic defence review by allowing for a whole of defence approach, re-energising the relationship with the Strategic Reserve, and increasing our readiness for war. I will speak to the amendments in this group in my closing remarks.
David Reed
Given that my colleagues have very ably gone through amendments 21 to 24, I will just comment on amendment 20 before handing over to the Minister.
Amendment 20 would increase the maximum age for service in the reserve forces from 65 to 67, which is important in bringing the reserves in line with the age of retirement, which now sits at 67. Parliament has decided that is the threshold at which the working life of a British citizen typically ends, and it makes no obvious sense to retire reservists two years before the age at which we expect the rest of the working population to stop. As the Minister and other colleagues have said, the knowledge of a cyber specialist, a military medic or a logistics officer does not expire on their 65th birthday.
We are legislating at a moment when the security environment is more dangerous than at any point since the cold war, if not world war two. War has broken out across the European continent, and there are wars in the middle east and across Africa. Technological change is speeding everything up, and climate change is increasing volatility. The threats that we face, whether hybrid, cyber or conventional, are growing in scale and sophistication. The Armed Forces Minister himself, in introducing the Bill’s Strategic Reserve measures, said:
“we live in a…fragile environment”,
and the United Kingdom needs
“to be able to recall experienced people faster and more effectively”
should the country need to prepare for war. That is an honest assessment of where we are. If we accept that framing, as I think we should, the case for retaining every capable, willing and medically fit reservist for as long as possible follows directly from it. We should not be narrowing our pool of trained people by two years for no compelling reason.
The strategic defence review is explicit that we need to grow the reserves by 20%, but that ambition runs directly against the policy of letting experienced people go earlier than we need to. At a Royal United Services Institute event in December 2024, General Gary Munch described the current approach as “decommissioning” personnel—the same word that we use for retiring ships. He was making a pointed observation: we would not withdraw a capable platform from service simply because it has accumulated years, and we should apply the same logic to people. The amendment would not impose an obligation on anyone; it would remove an arbitrary ceiling. That is a proportionate ask.
Al Carns
I thank the hon. Members for North Devon and for Tunbridge Wells for tabling amendment 1. We owe a debt of gratitude to those who serve, and of course we have an ongoing duty of care to those who have given service to their country but can no longer serve due to medical issues, especially if those issues were a result of their service. Statistics show that there were about 1,900 people medically discharged in financial year 2024-25—700 of those were for musculoskeletal issues, and 800 were for mental or behavioural issues.
Some of those individuals who have left—it could be for an Achilles injury, a break or a back problem—still wanted to serve, but they could not serve in their current role because of the medical requirements. That is not to say that they could not serve in another role at a later date when they had healed or recovered. Our current policies exclude those who have been discharged for a range of conditions from further service, but it would be wrong to exclude all personnel from further service permanently through a change in the law. Keeping these rules set out in policy and secondary legislation gives us a degree of flexibility. Should circumstances change and we require more of our ex-regulars—for example, in a war-like situation—we could give people who want to serve the opportunity to do so.
I understand the concerns of the hon. Member for North Devon about the effect that further service might have on those service personnel. I assure the Committee that any recall into service will be done on a case-by-case basis. We will consider the serviceperson’s service record, including their medical status. Indeed, there will also be regulars who left the service fully medically fit but who, in the intervening years, have unfortunately become unwell and therefore may not be able to undertake further employment with the armed services. Those cases would also have to be considered.
I thank the right hon. Member for Rayleigh and Wickford for his views on the Bill, and I acknowledge his concerns about the flexibility and readiness of our reserves. On amendments 20 and 21, we are increasing the age limit for recall liability to 65 for other ranks across all three services. That will enable defence to draw on the valuable skills and experience provided by former service personnel aged 55 and above. Recently retired non-officer personnel in the 55-plus age range who have knowledge, skills and experience from a full career provide a useful latent capability to draw upon when needed.
Although I acknowledge the right hon. Gentleman’s proposal to raise the age to 67, which will shortly become the state pension age, my view is that it would not be the most prudent way forward. Recall liability in the reserves is a significant responsibility, because it demands that individuals balance their civilian lives with readiness to serve their country at potentially short notice, reflecting a profound personal and civic duty.
Further increases to the liability from 65 to 67 would be an imposition, given that the measure already addresses the gap in capability. We estimate that the proposed increase in liability will affect only 1.1% of personnel between the ages of 55 and 65 who left the regular forces during the financial year 2024-25. There were no UK regular forces or other ranks personnel who left during that financial year between the ages of 65 and 67.
It is worth noting that some individuals, depending on their service, can still serve up to 67. Therefore, the amendment would not achieve its intended effect, as it concerns a relatively small group of individuals already accounted for within the measure. Indeed, it undermines the balance between the responsibilities defence places on our serving personnel and the operational demands we face.
The Minister just said that some categories of personnel could in certain circumstances continue to serve beyond 65 to 67, which is in line with the spirit of what the Opposition are proposing. Can he explain to the Committee who those people are?
Al Carns
Through continuation policies, and in some cases using over-age extension mechanisms, people can continue to serve, but changing 55 to 65 is about the liability, not necessarily the service, and capturing the most people in the liability process.
Turning to amendment 22, while I recognise the right hon. Member’s proposal to extend the duration of a recall order from 12 to 18 months, I believe that this would not achieve the effect he desires. The changes in the Bill as drafted will allow us to extend the duration of a call-out order—we already have that power. The Bill’s provisions ensure that defence has the necessary powers to extend both call-out and recall periods up to two years when required, rendering any additional amendment to extend the period to 18 months in respect of recall unnecessary.
On amendment 23, section 73 of the Reserve Forces Act already provides powers of exemption to recall. The existing provision allows the Defence Council, by regulations, to exempt individuals from, or relax, recall liability. Working across Government, defence requires the flexibility to determine critical roles in a warlike scenario. As a result, additional codification in primary legislation would restrict defence’s ability to maintain the necessary flexibility to safeguard critical roles.
The Government are doing that in other ways. Last month, we launched the pan-defence skills framework, a whole-force initiative designed to strengthen defence capability through a unified, transparent focus on skills, which will allow us to identify and manage skills throughout the whole of defence. We recognise that our strength is not just in our equipment, but in the expertise of our people. We also maintain dialogue with our colleagues in other Government Departments, as well as the wider industry, to ensure that we understand the effect of any large-scale mobilisation on critical industries such as the NHS or the defence sector.
Amendment 24 aims to increase the readiness requirement for reservists in Army Reserve group A from 180 days to 90 days. I take the point about getting the ground truth; I will take that away and see where we are from an internal perspective by speaking to the Department. I reassure the Committee that all Army readiness levels are subject to annual review and are set through the Army operating order, which aligns with defence-directed commitments within the framework of the armed forces plan. To fulfil its obligations effectively, the Army must review and adjust readiness levels across all elements of its force, responding to the evolving demands of the nation.
It is essential that defence maintains the necessary flexibility to respond swiftly and appropriately to changing threat levels. Embedding such provisions in primary legislation would impose too rigid constraints, creating an obstacle rather than a suitable mechanism for setting and reviewing readiness levels. I am committed to taking the point away and having a look. I hope I have provided the necessary reassurance, and on those grounds, I hope that the amendments will not be pressed to a vote.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
On a point of order, Mr Efford. We will not press amendments 20 to 23. I am grateful that the Minister agreed to take amendment 24 away—we note that—but because the suggestion came from within the ranks, as it were, we will press it to a vote.
Clause 33
Recall for service
Amendment proposed: 24, in clause 33, page 54, line 43, at end insert—
“69C Notice periods for recall
(1) Those reservists in Army Reserve Group A, or its equivalents, shall, following the coming into force of the Armed Forces Act 2026, have their standard notice reduced from readiness category R9 (180 days) to R8 (90 days)
(2) For the purposes of this section, ‘Army Reserve Group A’ has the meaning defined in the Reserve Land Forces Regulations 2026.”—(Mr Francois.)
This amendment would increase the readiness requirement for reservists in Army Reserve Group A from 180 days to 90 days.
Question put, That the amendment be made.
I am grateful to the hon. Gentleman. On the point about CCFs, part of the Department’s thinking at the time was that a lot of young people, particularly in the independent sector, benefited from the cadet experience by joining combined cadet force units in independent schools, which, as the hon. Gentleman rightly pointed out, exist in some state schools too. We were trying to give more people in the state sector the opportunity to benefit from a similar experience, so we set the ambitious target of 500 units in state schools, which I am pleased to say we hit.
Returning briefly to 1476, in the end, I think it has all been a misunderstanding, and it could be easily resolved with a measure of good will on both sides. I hope the Minister understands the spirit in which I, as the president of the squadron, have raised the issue. If he can personally do anything to help, it would be greatly appreciated. With that, I rest my case.
Al Carns
I thank the right hon. Member for his views on the Bill, and I acknowledge his concerns about reserve forces and cadets associations. The Government fully recognise the vital contribution that they currently play in supporting reservist cadets and in defence engagement across the entire United Kingdom, particularly through their close relationships with local communities and employers. I had never heard of the RFCA before I left the military, but after visiting it I can see that it is a fantastic, dedicated and focused group of people who engage across society and have an amazing network that is useful not just in peacetime, but on the road to crisis and indeed during conflict as well.
However, I believe this amendment is not necessary. The Reserve Forces and Cadets Association will operate within a robust governance and assurance framework. Its performance, effectiveness and value for money will be subject to regulatory oversight through existing accountability arrangements, including formal assurance processes, reporting against key performance indicators, and ongoing engagement with the Ministry of Defence.
Mandating a statutory plan to be laid before Parliament would risk duplicating existing mechanisms. That would add bureaucracy without delivering meaningful additional oversight or improvement. The Department remains committed to continuous improvement in how the Reserve Forces and Cadets Association will operate and work with reserve and cadet units, and we will continue to strengthen those arrangements through existing flexible governance structures rather than through new statutory requirements.
That being the case, could the Minister place on the record—I hope he will say yes—that it remains the policy of this Government to create new cadet units within educational settings where that is appropriate, and where the headteacher is onside?
Al Carns
I place on record our SDR commitment to grow the cadet forces by 30%, which should equate to around 40,000 cadets and 8,000 adult volunteers, although those numbers will ebb and flow. The benefits of the cadet forces are not lost on me; the University of Northampton report is a prime example, and I recommend it to anyone who has a cadet force in their constituency. It demonstrates the benefits of being in the cadet forces, ranging from education and skills to mental and physical resilience. Indeed, people’s life chances go through the roof when they join the cadet forces.
The right hon. Gentleman mentioned the specific issue of infrastructure, and I would be happy to take that offline and raise it with the Minister for Veterans and People. If people are willing to help, and if there is a way to get better facilities for cadet forces, we will double down to deliver them.
Clause 37 creates a new public body to deliver vital support to the reserve forces and cadet communities. For more than a century, the regional reserve forces and cadets associations have supported defence through the management of the volunteer estate, the administration of reserve activity, and engagement with employers and communities. I reiterate my absolute support for the reserve forces and cadets associations, and for all the volunteers who come forward to help those organisations—they do a sterling job. Their contribution is significant and valued across the defence sector, industry and broader society.
The structure of the reserve forces and cadets associations, however, still reflects that of the county associations set up in 1908, which does not meet today’s public sector expectations for governance, assurance or financial management. Multiple independent reviews, including the 2019 Sullivan review and 2025 reports by the National Audit Office and the Public Accounts Committee, have highlighted structural weaknesses in the current regional associations and recommended reform.
The clause implements those recommendations by creating a single national RFCA as a non-departmental public body, which ensures compliance with central Government governance standards. The clause provides for Defence Council appointments of an independent chair and non-executive board members; a clear reporting and audit framework consistent with the principles of “Managing Public Money”; and the transfer of assets, property and personnel via statutory schemes to ensure continuity of delivery.
That reform ensures that the NDPB will maintain the local expertise and volunteer contribution that the existing RFCAs provide by moving them to the new regional councils, which will be committees of the new NDPB. For those reasons, I hope this provides the necessary reassurance and ask the right hon. Member to withdraw his amendment. I commend clause 37 to the Committee.
That is a very reasonable reply from the Minister. I thank him for his offer to look into this. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 37 ordered to stand part of the Bill.
Clause 38
Parliamentary control of air forces numbers
Question proposed, That the clause stand part of the Bill.
Al Carns
Clauses 38 and 39 remove the statutory requirements to seek approval for the maximum numbers in each of the regular services and each of the reserve services, and also the maximum number of reservists who may be used for certain commitments.
In an age in which we will increasingly need to call on our reservists at pace and adapt our force make-up to meet a changing threat, having statutory maximum limits—especially at such a granular level for reservists—can place operational constraints on the armed forces. However, we recognise the importance of parliamentary oversight of the armed forces, and that is why we continue to request a maximum for the overall number of the active force, mainly the regular and volunteer reserves for each of the three services, in Parliament through the votes A process.
The quarterly personnel statistics that contain detailed information on the strength of all our armed forces—including all the types reported on in votes A—will continue to be published, allowing Members to hold Ministers to account for the size of the armed forces. The simplification will allow defence to maintain its ability to flex its force to meet operational needs, while allowing Parliament to retain its historical control over the armed forces. I commend clauses 38 and 39 to the Committee.
Question put and agreed to.
Clause 38 accordingly ordered to stand part of the Bill.
Clause 39 ordered to stand part of the Bill.
Clause 40
Prohibition on sentences of death
Question proposed, That the clause stand part of the Bill.
Al Carns
The clause amends section 2(4) of the Visiting Forces Act 1952 to make it explicit that a visiting force’s service court cannot impose a sentence of capital punishment while conducting proceedings in the United Kingdom. Under existing legislation, a scenario could potentially arise where a NATO sending state requests the transfer of one of its personnel into its custody in the UK and then conducts service court proceedings that may result in the death penalty. That could risk conflicting with the UK’s obligations under the European convention on human rights. The clause removes that possibility where capital punishment could be a potential outcome. By doing so, it ensures that UK practice remains fully aligned with long standing domestic and international commitments against the death penalty.
Clause 41 updates the provisions of the Visiting Forces Act on how the UK determines whether a visiting force member was on or off duty when an alleged offence occurred. At present, the Act does not provide for direct state-to-state negotiation, as envisaged under the NATO status of forces agreement 1951, if there is disagreement about whether a service member was on duty. The clause empowers the Secretary of State to make a conclusive factual determination on the narrow issue of whether the individual was acting in the course of their duty at the time of the alleged offence. In reaching that determination, the Secretary of State must consider representations from the visiting force and the relevant UK prosecuting authority. The clause fulfils the NATO status of forces agreement obligation to engage directly with a sending state in cases of dispute, ensuring consistent and NATO-aligned handling of duty status questions. I therefore commend clauses 40 and 41 to the Committee.
Briefly, I want to make just one point about visiting forces. As the Minister knows, in recent years certain high-profile cases have included people from visiting forces based in the United Kingdom. In one case in particular, a young boy was tragically killed in a road accident by someone who was alleged to have been driving irresponsibly—a citizen of the United States. For legal reasons, I will say no more on that particular case, but I can see members of the Committee nodding in recognition of what I am talking about.
All I ask is that the Minister places on the record that we welcome the presence of those who come here as our allies to help protect us, but none the less make it plain to them that while they are in the United Kingdom, they should abide by our laws in all respects, in the same way that we ask our own citizens to. For reasons that I hope the Minister appreciates, I would like it if he could make that reassurance plain this afternoon.
Al Carns
I place on the record again everything that I have just said, which of course was about the NATO status of forces agreement and the changes that we want to make to ensure that UK law is reinforced here in this country, while also establishing a clear and precise relationship with individuals who come here under the status of forces agreement.
Question put and agreed to.
Clause 40 accordingly ordered to stand part of the Bill.
Clause 41 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Christian Wakeford.)
(3 months, 1 week ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for the Armed Forces (Al Carns)
It is a pleasure to speak in Committee of the whole House on the Armed Forces Bill. I start by placing on the record my thanks to the members of the Select Committee on the Bill for their thorough and constructive consideration of the Bill, and their extensive special report.
There are a considerable number of amendments and new clauses before the Committee. I will speak first to the amendments in my name, and then I will focus principally on other amendments. I will endeavour to address as many of the new clauses as possible in my closing remarks, after listening to the points raised in the debate.
I apologise for interrupting so early, but before the Minister gets into his stride, I would like to place firmly on the record that we are debating legislation of material importance, relating to the care of our armed forces, and yet again, there is no Reform Member of Parliament present. Does the Minister agree that there is a massive irony here? These plastic patriots love to wrap themselves in the flag, but they cannot be bothered to turn up in Parliament to debate the fate of those who serve to defend it.
Order. Obviously interventions are taken by those who wish to take them, but we need to make sure that interventions and speeches stay within the scope of the debate.
Al Carns
I absolutely agree. I am a full patriot, and I support patriotism, but I make sure that I practise it. By not being here today, Reform Members are demonstrating that some individuals do not necessarily live up to those standards.
Government amendments 8 and 9 bring the Greater London Authority, combined authorities and combined county authorities within scope of the covenant duty, alongside the local authorities already listed in the Bill. These bodies exercise functions in policy areas covered by the Bill, and should therefore have regard to the armed forces covenant, just as other local authorities do. The amendments simply add those authorities to the list in clause 2; they do not create new functions or impose new outcomes. I remind the House that the new duty will expand the number of policy areas involved from three to 12, and there are already 14,400 covenant signatories, which is a prime example of patriotism across society today.
Jim Allister (North Antrim) (TUV)
The amendment to bring the Greater London Authority within scope of the covenant duty focuses my mind on the fact that this Bill applies the covenant to all local authorities in all parts of the United Kingdom, except the district councils in Northern Ireland. Why is it that the only councils excluded from the ambit of the covenant are in Northern Ireland? Why has the Minister not tabled an amendment—I have previously raised this with him—to include those councils?
Al Carns
I have continued to engage with the devolved Administrations on this matter. I strongly recommend that district councils buy into the covenant and abide by it, though there will be nuances in some cases on how the covenant is practised in Northern Ireland, as regards security arrangements relating to armed forces personnel and charities.
Government amendments 10 and 11 focus on defence housing. They extend the powers in clause 3 of the Bill, so that the Secretary of State and the defence housing service can acquire land through compulsory purchase not only in England and Wales, but also in Scotland and Northern Ireland. There are historical UK-wide powers, but they are not fit for purpose as modern powers of compulsory purchase. New powers are sought for this reason. Importantly, in the case of the defence housing service, these powers will be exercised only with the authorisation of the Secretary of State; that will ensure proper oversight and accountability.
Chris Vince (Harlow) (Lab/Co-op)
My hon. and gallant Friend is making an excellent speech. I apologise for intervening so early on, but I want to put on record my thanks to him for the work that he has done to support housing for veterans. I worked for a homeless charity in Harlow, where we had a number of veterans who needed this support. Does he recognise that as well as the massive upgrade that this Government are making to veterans’ housing, it is really important that we support veterans with their mental health, particularly those who have post-traumatic stress disorder, to ensure that they can continue their tenancies in the long term?
Al Carns
I thank my hon. Friend for his continued championing of veterans, cadets and all in his constituency. Recently, £12 million has gone into reducing the number of homeless veterans, and the Op Fortitude programme continues to run; it tries to get as many veterans into housing as possible.
Government amendments 51 and 54 ensure that Crown status is retained for defence housing and other critical property assets, in the event that they are built or bought by the defence housing service. This will ensure, for example, that service living accommodation remains outside the scope of housing and tenancy legislation that would otherwise apply.
Helena Dollimore (Hastings and Rye) (Lab/Co-op)
My hon. and gallant Friend is talking about the support that the Government are giving to veterans, and about improving their housing situation. In my constituency, the East Sussex Veterans’ Hub, which provides really valuable support for local veterans, has just received a grant of half a million pounds to scale up its work, and convert disused office block accommodation in Hastings town centre into supported accommodation for over 14 veterans, which is amazing. Will he join me in paying tribute to the work done by the East Sussex Veterans’ Hub, led by Bernard Stonestreet? May I extend an invitation to him to visit? He will be pleased to know that the hub has built a full-scale flight simulator that simulates Operation Black Buck, and I know that the veterans would be delighted to welcome him.
Al Carns
As an ex-Marine, I have never been known for flying, but I would love to visit East Sussex Veterans’ Hub. When I am going around the country, be it to Scotland, Northern Ireland, Wales or England, it always amazes me to find these little examples of pure community spirit that help our veterans out. Importantly, while the flight simulator may be fun, it also helps people to learn critical skills and get them back into work. I thank Bernard in particular for all his hard work. If I can come and visit, I most definitely will.
Government amendment 48 will ensure that the defence housing service provisions come into force on Royal Assent, so that there are no delays in standing up the service as early as April 2027. I remind the Committee that under defence housing strategy plans, nine in 10 defence houses will be modernised or upgraded for our family personnel—that is 40,000 across the entire estate. This is a once-in-a-generation opportunity, with over 10,000 defence houses being refurbished or replaced over that period.
I am sure the Minister will like to pay tribute to Alabaré, which does great work for service veterans in and around my constituency. However, will he ensure that we do not give the false impression that all veterans are homeless and have mental health problems? Nothing could be further from the truth. Happily, the great majority of people leaving our armed forces are well sorted in their life, and in robust mental health. That is important, since we need to attract people to join our armed forces and our reserve forces, not deter them or put them off.
Al Carns
I thank the right hon. Member for that really useful observation. First, I support the work going on in his constituency; Alabaré is doing an amazing job. I think it might have recently received some Valour funding for that—a programme through which we are really trying to change the initiative that we take in looking after veterans. On his second point, I am a firm believer that when people join the military, they contribute to the most important function of government, which is to protect our people and our nation. When they leave as veterans, they go on to contribute to the economy. Actually, a large percentage of them go on to thrive across all sectors of civilian society, and go above and beyond in what they deliver. There is a percentage who need help, and a smaller percentage who need lots of help. That is what we must focus on, and what Valour is there to do. I am sure that over the next couple of years, it will absolutely deliver and readjust our mechanisms for looking after veterans across society.
I turn to the service justice system. Government amendments 57, 59, 66 and 67 relate to the point raised by the director of service prosecutions to the Select Committee. They will ensure that service protection orders can be made by a service court in relation to a service offence, even if the person has left the armed forces.
Government amendments 80 and 84 will make provision for the post-service management of service stalking protection orders in Northern Ireland. They will ensure that such orders can be effectively recognised and enforced, once an individual leaves service. Government amendment 30 will provide for service restraining orders to be enforceable as equivalent orders in Scotland and Northern Ireland in certain circumstances.
New clause 4 will introduce a new power for service courts to make a service image deletion order. The new deletion order will enable the service courts to require offenders to delete and destroy any images or films in their possession or control that are connected with specific offences, and which depict a person in an intimate state. Government amendment 31 will remove the limitation of the powers to search and seize electronically tracked stolen goods without a warrant to relevant residential premises only, and instead applies the broader concept of “relevant premises”, which are any premises occupied or controlled by a person subject to service law, or a civilian subject to service discipline, but those premises need not necessarily be occupied as a residence.
It is worth the Committee noting that since 2021 we have created the defence serious crime command and a witness care unit. We are moving forward with the tri-service complaint system, and are putting in place the violence against women and girls taskforce to improve standards and the culture within defence.
I turn to Government amendments 33 and 34, which will make small but important changes to clause 25. The clause will require the Secretary of State to issue guidance to help a victim reach a view on their preferred jurisdiction. The Select Committee highlighted the importance of victims receiving information in an objective and impartial way, so that they have an informed view. The Government recognise that need, and amendment 33 reflects that. The amendment will also ensure that the needs of victims and the circumstances of the events are taken into account in providing that information, and that an appropriate record is kept of that information. Amendment 34 will add the Lord Advocate to the list of consultees. That will ensure that she is consulted when the Secretary of State issues or revises the new guidance.
Amendment 37 will extend the provision in clause 29 that requires a disclosure of spent cautions for the purpose of administrative action. Cautions are not issued in Scotland as in England and Wales. The amendment will mean that clause 29 applies to spent alternatives to prosecution issued under the Scottish justice system.
Ben Obese-Jecty (Huntingdon) (Con)
I welcome the introduction of the strategic reserve in the Bill, but I would like clarity on how it will be paid for. Will it be via separate funding or will it come from the money already allocated to pay for the active reserve in the MOD budget?
Al Carns
As the hon. Member will know, there is a multitude of different reserves in the system, with different liabilities, different pay and different pensions. Indeed, I have often described it as a spaghetti junction of different policies that have been layered on top of each other over the last 60 years. This is the first move to simplify that, as well as the funding mechanisms and recall processes for it. By removing the 18-year liability, we simplify it at 65 years, which creates our ability to zig-zag those roles within the military so that people can leave, rejoin and leave again depending on their personal circumstances and the liability available within the armed forces.
Mr Calvin Bailey (Leyton and Wanstead) (Lab)
This weekend, just over two years after leaving the military, I received my recall notification. I managed to update the details within it. At the same time, I was presented with nearly 60 pages-worth of forms to complete just to take on a reserve service commitment. Does my hon. and gallant Friend agree that there is still some way to go and that the amendments should perhaps speak of movement between reserve forces and regular forces, rather than the other way round?
Al Carns
That is one of the reasons for these amendments and other provisions in the Bill. In the past, personnel had to leave the regular forces to join the reserves and leave the reserves to join the regular forces. We want to create a seamless transition, which will reduce the 60 pages of administrative burden that my hon. Friend had to fill in to a much more seamless transition between regular and reserve services, mirroring other nations across the world that do it quite well.
We need a system that is fair and equitable and that does not discriminate against anyone who wishes to exercise that flexibility. It is worth noting what that will provide for the UK in the current geostrategic environment. It will likely take us from a strategic reserve of 95,000 that could be mobilised up to 150,000 over the next 10 years, which is a significant step forward.
All the other Government amendments tabled in my name are either consequential to the amendments I have just covered or are minor and technical, simply to improve the drafting of the Bill.
I turn to the Opposition amendments. On amendments 2, 3 and 4, I am aware that the Minister for Veterans and People recently met the right hon. Member for Rayleigh and Wickford (Mr Francois) and the hon. Member for Solihull West and Shirley (Dr Shastri-Hurst) to discuss the concerns behind them. We continue to work across Government on the best way to address those issues in practice. The better route is not a rigid statutory fix but practical improvements through existing systems. The statutory guidance on the covenant legal duty already gives public bodies a flexible framework to take account of the particular challenges service families face when on the move. Let me be clear: considering the statutory guidance supporting the duty is not optional; once it is in force, public bodies that are subject to the duty must have regard to it in their decision making and policy development.
Special educational needs, adoption and fostering, and NHS continuity are exceptionally important issues, but they are not well addressed through rigid legislation. The systems are different, the legal frameworks are different and the decisions involved often depend on professional judgment, safeguarding or clinical need. A blanket duty to transfer plans, arrangements or treatment automatically could create confusion, cut across devolved responsibilities and in some cases delay the support families need. Instead, our focus is on improving continuity in delivery so that service families get better support without unintended consequences.
Amendment 88 would require the Secretary of State to review current practices for communicating with former service personnel about their armed forces pension entitlements. The MOD maintains a comprehensive and ongoing programme of communication with both serving and former personnel, supported by established governance, regular data analysis and targeted engagement activity. The Department already monitors take-up and traces unclaimed entitlements 60 working days after pension due date. When a positive address is identified, individuals are contacted. That approach has resulted in over 10,000 pensions being brought into payment. Mandating a further statutory assessment would add process without delivering meaningful additional insight, diverting resource from delivery at a time when the focus is rightly on implementing pension remedies and strengthening frontline pension support.
Amendment 89 would require the Secretary of State to review current practices regarding the transfer of the medical records of armed forces personnel upon their transfer to the reserve forces. I reassure the Committee that no transfer of military healthcare records is needed when transferring from regular to reserve service because Defence continues to hold and manage healthcare records for reservists in the same electronic system, which will also be simplified by some of the reserve forces amendments I mentioned earlier. It is worth noting that we send out 425,000 quarterly digests to those receiving pensions across the system.
Amendment 90 seeks to make sure that all investigations and prosecutions of service persons for sexual offences and domestic abuse in the UK take place in a criminal justice system. Since the prosecutors’ protocols were published in 2023, there have been no cases where a victim wanted trial in the criminal justice system but the case was instead prosecuted in the service justice system. The amendment would, however, override the victim’s preference in cases where they would prefer the service justice system. That risks increasing the victim withdrawal rate in civilian police investigations which, for adult rape-flagged cases in 2024, was 59%, while the withdrawal rate for the Defence Serious Crime Command was 24%. Furthermore, the amendment could lead to the loss or erosion of golden hour evidence and the safeguarding of victims, as there is no duty on civilian police to accept the case. A case-by-case approach that takes into account the views of the victim is better. Clause 25 therefore strengthens the provision of information to victims when asked for their preferred jurisdiction. That will help prosecutors take into account the victim’s view when making a decision on jurisdiction.
Amendment 5 would extend eligibility to sit on a court martial board to retired officers. The Government do not consider the amendment to be necessary, nor do we believe that it would improve the current arrangements. First, there is no shortage of eligible board members. The court martial already draws from a broad and sufficient pool of eligible personnel. In 2025, for example, 447 service personnel were sworn for 263 trials, and there has been no difficulty in constituting boards. Secondly, it is important that board members bring current knowledge and practical experience of the latest single service policies, procedures, values and standards. An individual who has left service, even relatively recently, may no longer be sufficiently connected to the pace of change across the service. I recognise the valuable contribution that veterans continue to make, but service on a court martial board is not the appropriate means of drawing on that experience. It is also worth noting that, when we are court-martialling higher rank, there are over 331 one stars in the British military and therefore ample opportunity to sit on court martial boards.
Amendment 1 would ensure that persons undertaking vital civilian work are exempt from a recall order under new section 69A of the Reserve Forces Act 1996. Section 73 of the Reserve Forces Act already provides powers of exemption to recall. That existing provision allows the Defence Council, by regulations, to exempt individuals from or relax recall liability in total.
Amendment 6 aims to increase the readiness requirement for reservists in Army reserve group A from 180 days to 90 days. I reassure the Committee that all Army readiness levels are subject to annual review, and to effectively fulfil its obligations the Army must review and adjust readiness levels across all elements of its force, responding to the evolving demands of the nation. It is essential that defence maintains the necessary flexibility to respond swiftly and appropriately to changing threat levels. Embedding such provisions in primary legislation would impose rigid constraints, creating an obstacle rather than a suitable mechanism for setting and reviewing readiness levels.
Hopefully, I have given the necessary assurances, and I ask that the Opposition amendments be withdrawn.
Mr Martin, are you hoping to contribute today, or do we just have the pleasure of your company?
I entirely agree with my right hon. Friend. We would all like to know when we are going to have it, but the reason we do not have it is simple. It is not that the staff work has not been completed—it has. It is not that the programmes have not been costed—they have. The fundamental problem is that while Ministers say they are working flat out and knocking themselves out on it, and are reduced to euphemisms about how hard they are working, it was actually done months ago. The problem is that the Chancellor of the Exchequer adamantly refuses to sign it, because if she signed it, she would have to say how she is going to pay for it. That is why MOD Ministers are completely hide-bound: the Prime Minister will not force the Chancellor to sign the equipment plan for the armed forces of the United Kingdom. The delay is becoming a farce. Indeed, we are now being widely criticised by our international partners, including, just the other day, the chairman of the NATO Military Committee.
At Defence questions, the Secretary of State was adamant that the Prime Minister wanted the DIP published by the NATO summit. That raises two questions: which NATO summit, and which Prime Minister? Assuming he means the summit in Ankara on 7 to 8 July, this vital document will be delayed for yet another month. What is worse, last year there were £2.6 billion of in-year operational cuts to the defence budget, and this year there are £3.5 billion of in-year cuts.
We will press new clause 2 to force a vote on a backstop plan to produce the DIP, to remind His Majesty’s Treasury that the first duty of government, above all others, is the defence of the realm. We cannot defend the realm with a lot of bluster and an equipment plan that does not exist.
Al Carns
I thank all Members who have spoken today for their contributions and for upholding cross-party support for our armed forces. The Bill takes significant steps to improve the conditions of service life, and renews the contract between our nation and those who serve. It delivers on a manifesto promise to extend the armed forces covenant to every area of Government—from three to 12 policy areas. We will go further, backed by a £9 billion defence housing strategy, to build, renew and repair tens of thousands of military homes. We are modernising and improving victim support and ensuring that the service justice system can protect the victims of the most serious offences from further harm. We will expand the reserve pool by changing the maximum age limit at which some personnel can be recalled, so that we would, if needed, be able to call on some of the most experienced volunteer reservists. These are significant but necessary changes to boost preparedness in an era of ever-increasing threat.
I will now address some of the major issues highlighted in the debate, starting with new clause 5. I have served all over the world with Gurkhas, Fijians and broader Commonwealth troops. They serve our country, and they serve it with honour and courage. The very least we can do is help them and their dependants by scrapping visa fees after four years of service. This is not about politics or a difference of opinion; it is about language and bounding the commitment in legislation in the correct way.
There is already a settlement fee waiver in place for serving personnel, introduced in 2022, to recognise the burden of settlement fees at the point of discharge for those who have served for six or more years or been medically discharged due to their service. However, that fee waiver did not extend to dependants or recognise serving personnel who become eligible for settlement after four years of service. That is why this Government have committed to scrap visa fees for non UK veterans who have served for four years or more and their dependants, and Home Office and Ministry of Defence Ministers are working closely together to deliver it; my hon. Friend the Minister for Veterans and People met the relevant Home Office Minister just recently. We remain firmly committed to this manifesto pledge and will deliver it fully.
I understand the intention behind new clause 5 and the desire to make progress quickly. However, as drafted, it would not clearly achieve the intent set out in the explanatory statement, which appears to be narrower. While the explanatory statement refers to “spouses or children”, the new clause itself appears to waive fees for serving personnel, previously serving personnel and “their family members”, using broad and undefined categories that would create significant uncertainty and a lack of clarity about who precisely was within scope. It also contains no clear link to length of service or a time limit after discharge. Taken together, that risks creating a broader and unclear statutory entitlement with unintended consequences, rather than a targeted and coherent measure that families and dependants can easily understand.
In addition, section 68 of the Immigration Act 2014 provides that fee exceptions should be set out in secondary legislation. By introducing a fee exception into the 2014 Act, new clause 5 would cut across that existing statutory framework and reduce clarity in the fee structure by creating an alternative mechanism for controlling fees. The Government are committed to delivering the manifesto commitment in full, and it is important that Ministers retain the ability to determine the appropriate scope, eligibility and delivery approach so that it is implemented fairly.
Ben Obese-Jecty
I recognise that the Minister wants to deliver this manifesto commitment as much as I do. However, after two years we have made little progress, mostly due to the machinery of government within the Home Office. This new clause was tabled some time ago, and the Government have had ample opportunity to refine the detail of it in order to make it acceptable to be voted on this evening and passed by the Government. Why have the Government taken no steps to work with me to get this measure across the line, given that it is a manifesto pledge of the Government? Can he also give some indication of when the pledge will be delivered, if the Government choose wrongfully to vote against my new clause this evening?
Al Carns
We need to move this legislation forward in the right manner and as fast as possible. I recommend that the hon. Member continues to push this case. My hon. Friend the Minister for Veterans and People and I have heard him loud and clear, we have heard the armed forces community loud and clear, and we are committed to delivering this in line with the intent.
Al Carns
I will make some progress.
New clause 2 would require the Secretary of State to lay a defence investment plan before both Houses of Parliament. The Prime Minister has been very clear that the defence investment plan will be published before the NATO summit, and we are working hard to finalise it. I recommend that the right hon. Member for Rayleigh and Wickford (Mr Francois) reads the NAO report which says that when we came into government, we were left a huge deficit and 47 out of 49 major programmes were not on budget or on time.
Lincoln Jopp
Have the Minister and the Veterans Minister now seen the defence investment plan?
Al Carns
I commend that fantastic question. Yes, I have seen the defence investment plan. Importantly, we are primarily focused on learning the lessons from Ukraine and acting upon them—something that the last Government failed to do at the right scale, hence why I left the military.
New clauses 1 and 6 seek to exempt members of the reserve forces deployed on operations from the ECHR, and would require any future Secretary of State to consider whether to make a derogation under article 15. The UK has binding international obligations under the ECHR, including in limited extraterritorial circumstances where we exercise control over individuals or areas. Those obligations have implications for the way UK forces, including reserve forces, conduct UK operations. I will not shy away from the fact that we hold our armed forces to the very highest legal standards, and time and again they deliver.
New clause 1 seeks to change domestic law, but it would not remove our international obligations. The UK cannot opt out on a case-by-case basis; doing so would simply shift cases to Strasbourg. New clause 6 is also unnecessary as the Secretary of State can already derogate under article 15 of the ECHR. I will read that again: new clause 6 is also unnecessary as the Secretary of State can already derogate under article 15 of the ECHR, meaning that the provision does not provide them with any additional powers. I do not want to be in the same club as Belarus or Russia.
Ukraine has derogated from the ECHR. Does that put it in the same bracket as Belarus and Russia?
Al Carns
I remind Conservative Members that clause 12 of the Overseas Operations (Service Personnel and Veterans) Bill, introduced by the previous Government, would have required any future Secretary of State to consider whether to make a derogation under article 15 in relation to significant overseas operations. The previous Government removed elements of clause 12 during the Bill’s final stages, because concerns were raised that the provision risked damaging the UK’s reputation for upholding the rule of law and being committed to human rights. It was the previous Government who did that. Clause 12 was also seen as unnecessary in that the Government can already derogate under article 15 of the ECHR, meaning that the provision did not add any additional legal powers.
New clause 3 seeks to place a requirement on the Secretary of State to appoint a national veterans commissioner for England, and it sets out the functions for the proposed office holder. I acknowledge the sentiment behind the new clause, which is to ensure that those who have served receive the recognition and support they deserve. The Veterans Commissioners for Scotland, Northern Ireland and Wales are not statutory offices, so such a role would not in itself require legislation. We are putting in place the Valour programme, which will first look at digital. There will be a Valour lead and a digital headquarters, and there will then be Valour officers and centres. Once that is in place, we will need to consider whether we need a veterans commissioner for England, how that docks into the Valour programme, and how it docks into the Veterans Commissioners in Northern Ireland, Wales and Scotland. We will update the House in due course once that is in place.
On new clause 5, we do not yet have the date for the second day on this Bill for Report and Third Reading, but it seems likely that it will be before the summer recess on 16 July. Taking the Minister at his word, and knowing where his heart lies on this issue, will he give the House an assurance that when we get that second day—whenever it is—and we table a similar amendment on Report, he will be able to come back to us with some progress, including with the Home Office?
Al Carns
We will provide an update on progress once we have spoken to the Home Office and when the Bill comes back to the House.
My hon. Friend the Member for Slough (Mr Dhesi), who makes fantastic efforts with the Defence Committee, highlighted the binding commitment across Whitehall Departments that the covenant will be expanded from three to 12 different policy areas. That is a fantastic move for the armed forces community, and it places a duty of care on Government to consider the armed forces in almost everything we do.
The hon. Member for Lewes (James MacCleary) highlighted recruitment and retention. I remind him that we have seen a 12% increase in recruitment and a 9% decrease in outflow. We have put in retention payments for critical roles and made two inflation-busting pay rises. Morale is up and satisfaction with housing is up, as indeed is satisfaction with pay.
When it comes to using the civilian justice system or the service justice system, the onus must be on giving the victim the choice over their preference—that has come through time and again. The Atherton report was in 2021, and a huge amount of change has been put in place. I have spoken to a variety of different individuals across defence, and they always return to ensuring that there is preference at the point of choice.
Al Carns
No, I will make some progress.
The advocacy of my hon. Friend the Member for Leyton and Wanstead (Mr Bailey) and his support for the armed forces has been remarkable. The Minister for Veterans and People has met Ministers from the Department for Education and the Home Office to discuss both the points that my hon. Friend raised. His support for the covenant, and for ensuring that other Government Departments abide with it, is essential.
I assure my hon. Friend the Member for Truro and Falmouth (Jayne Kirkham) that we will bring the language up to date to reflect the unitary and single authorities. I thank her for her support in ensuring that the RFA comes under the Armed Forces Commissioner. That was truly outstanding work. I also remind the House that the credit union service for the participation of service personnel and MOD civil servants celebrated its 10-year anniversary last year—so the offer to take part in the credit union service is already there.
I call Ben Obese-Jecty to move new clause 5 formally.
(2 months, 3 weeks ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The amendments I have tabled concern the right of British nationals to engage in foreign wars. What brought them about is reports that British nationals have been involved in Israel Defence Forces activities in Gaza and other places. To prevent this from happening in future, my amendments would amend the Visiting Forces Act 1952 to give the Secretary of State power to undertake some form of legal action against those individuals. To me, it seems very obvious and very important that if, as a general principle, we say that British nationals should not be allowed to fight for a foreign force, or to engage in a war in another country under a different command, we should do something about it legally. My amendments are quite widely supported and very carefully drafted, and I hope that the Minister will understand why I tabled them and their importance.
I never thought that in my lifetime, we would be able to watch genocide taking place live on television, as is happening in Gaza. My amendments clearly state that if cases are taken to the International Court of Justice or the International Criminal Court, that would be enough to trigger action by the Secretary of State in this country. That is why I tabled them, and I hope that the House will take them seriously and support them.
Al Carns (Birmingham Selly Oak) (Lab)
The Bill has four key themes. First, it creates the Defence Housing Service, which is a fantastic move forward; it will change for a generation how our people are looked after in service family accommodation. Secondly, it will make major improvements to our service justice system, which is another fantastic move forward. Thirdly and most importantly, it will look at how we renew our reservists. It looks at how we extend duty for our strategic reserves.
On reservists, I am sure that the hon. Member will be aware that the maximum age of recall is being increased from 60 to 65, and the threshold for mobilisation is being lowered. The problem in Northern Ireland is that our reservists are overwhelmingly employed in civilian jobs in our small and medium-sized enterprises, so the changes create real problems. Can he put forward a solution that would enable our small and medium-sized businesses to employ reservists and let them do their duty?
Al Carns
As we progress the Bill collectively, we could, in some areas, look at giving better support to employers, but it is worth being clear that the Bill looks to extend service from anything from four to 16 years. It allows for the return to service of ex-military personnel until they are 65. That is being standardised across officers, other ranks, the Navy, the Army and the Air Force. By doing that, we will increase our strategic reserve pool. If we get caught in a crisis in any way, shape or form, their skills can be harnessed to help the nation out. There is a further discussion to be had, at a later stage, about how we include civilians in that.
This Bill puts in place a whole range of important provisions—on improving the standard of living and housing for the armed forces, on reserves and on the service justice system—while, importantly, keeping us safe at home and abroad.
I do not know who advised that, or whether it was the Northern Ireland Office, because of course it is prone to trying to avoid any conflict with Sinn Féin when it comes to policies. If it was, I hope that this will be seriously thought about and that the Minister will look at ways of including local authorities in North Ireland in the legislation, so that, as my hon. Friend pointed out, the armed forces covenant, which is meant to be a national commitment, applies nationally right across the United Kingdom.
I want to support some of the other new clauses, though I want to dissociate myself from new clauses 1 and 2 tabled by the right hon. Member for Islington North (Jeremy Corbyn). They represent more of his obsession with finding ways of trying to batter Israel than really being concerned about the welfare of soldiers. The fact that he is not here to answer challenges to those new clauses says a lot as well, because he knows exactly what the motivation is.
New clause 3 would put a duty on the Secretary of State to collect data on the number of veterans who are homeless or at risk of homelessness. It is very sad when I walk down the streets of London—towards Victoria station, for example—and see people sitting in shop doorways. I remember speaking to one of them. He was an ex-soldier, and he blamed his situation on himself, but the fact of the matter was that it seemed that the Army had no idea what condition he was in. I met an ex-soldier in my constituency advice centre on Friday who suffers from post-traumatic stress disorder and who cannot find any support or help. He left the Army in 2004, and the impact had come on some years later. He did not have his medical records and had been referred to one body and then another, but was finding no help. We have a duty to monitor what happens to those who leave the armed forces. They sometimes leave with injuries, either mental or physical, and we must ensure that we look after them when they have suffered as a result of their service.
It is so easy for people to get in a boat, come across the channel and get into the United Kingdom and then be treated to accommodation and support and quickly be given asylum to stay in this country and leave to remain in this country, but there are those who have served in the armed forces and want to bring their families here and who face a financial penalty for doing so. Waiving those fees is one of the reasons why we support new clause 4. We should not be treating the families of those who served our country in a far lesser way than we treat those who break into our country illegally, and are then treated and have money lavished upon them. On the amendment referring to a veterans’ commissioner dealing with mental health, given the number of soldiers who have suffered from mental health problems, it is important that they should have an advocate for the problems they face.
The last proposal I want to support is new clause 19 on national standards, funding and monitoring of the armed forces covenant duty. It is one thing to have a duty and to put it down as a covenant duty and a promise to soldiers, but if we are not monitoring how it works and funding it, it will of course not have the impact that it is meant to have. The Government were right to bring forward this legislation, and many of its provisions are welcome, but there are amendments before the House tonight that I believe would improve it. We owe it to those who have served us, and I hope that the Government will take on board the reasonable amendments that I have spoken about.
The Minister for the Armed Forces (Louise Sandher-Jones)
First, I want to take this opportunity to put on record my huge thanks to my right hon. Friend the Member for Rawmarsh and Conisbrough (John Healey) for his service as Secretary of State for Defence. He has been a stalwart champion of our armed forces, and I am especially grateful for his support for our service personnel and their families, driving forward improvements to pay, housing and childcare. His guiding light is, and has always been, to serve those who serve us. I would also like to take this opportunity to thank my hon. and gallant Friend the Member for Birmingham Selly Oak (Al Carns). He is a formidable operator, a passionate advocate for military modernisation and transformation, and not half-bad at pull-ups either. I hope to match his work on the former, although perhaps am unlikely to do so on the latter, and I look forward to working with both of these fine colleagues as we go forward.
I thank hon. and right hon. Members from across the House for their contributions to this debate. Given the number of amendments before us, many of which raise issues fully debated in Committee and on which the Government position remains unchanged, I do not intend to repeat those arguments, but I will focus on the new amendments and a number of the principal issues raised while relying on the record of earlier debates for the remainder.
Helen Maguire
I seek a quick clarification on something that has already been mentioned by the hon. Member for Truro and Falmouth (Jayne Kirkham) and was raised in Committee. Will the Minister confirm at the Dispatch Box, because this has been raised with me by the Surrey Military Support Group, that the term “local authority” refers to borough councils, unitary single foundation authorities and foundation strategic authorities?
Louise Sandher-Jones
To confirm, where the covenant duty is provided by local government, then it will apply. For example, if it provides housing, it applies. I hope that answers the hon. Lady’s question.
I will begin by speaking to the amendment in the Secretary of State’s name making minor and technical changes to the Military Lands Act 1892 that are consequential to the establishment of the reserve forces and cadets associations by clause 38 of the Bill.
New clause 4 would waive settlement visa fees for members of the armed forces and the dependants of serving or discharged members of the armed forces. I acknowledge the concerns raised by the hon. and gallant Member for Huntingdon (Ben Obese-Jecty) and recognise that the new clause has been significantly redrafted to reflect the points raised in previous debates, and I also recognise the important role that stakeholders such as the Royal British Legion have played in highlighting this important issue. The Government are committed to delivering the manifesto commitment in full. Work is actively under way across Government and we are determined to bring forward a solution that is clear and works for service personnel and their families.
It is important that we get this right, rather than legislate in a way that is partial or risk creating inconsistencies and, as in Committee, new clause 4 does not clearly achieve the stated aim. It is also important that immigration fee waivers continue to be provided for through the established framework in secondary legislation, rather than be fixed in primary legislation. I know how passionate the hon. and gallant Gentleman is about this issue, and he is right to demand speed and progress. I hope he will recognise that while primary legislation is not needed, our commitment—my commitment—is no less than his and I look forward to when we do deliver this important manifesto commitment.
Ben Obese-Jecty
The Minister accepts that the new clause has been significantly redrafted to try to make it as watertight as possible. I appreciate what she says about primary and secondary legislation; it seems like a little bit of a convenient get-out-of-jail-free card for the Government. Can she confirm whether there is anything wrong with the new clause as it is drafted other than the change to primary legislation, and if there is not, what changes do the Government plan to push through a piece of secondary legislation in the very near future in order to implement the measures as drafted?
Louise Sandher-Jones
I thank the hon. and gallant Gentleman for his valiant attempt. I can assure him it is our manifesto commitment, and we will deliver it.
I will now turn to new clauses 21 and 22. These amendments seek to introduce additional statutory reporting requirements on the defence investment plan through both regular updates to Parliament and specific assessments of the impact of any delays. As was set out in response to the Leader of the Opposition’s urgent question last week, the Government are already committed to keeping Parliament appropriately informed, and we do not consider it necessary to add to those commitments. Work to finalise the defence investment plan is continuing under our new Defence Secretary, and we are clear that we will publish it ahead of the NATO summit in July. In the meantime, we are getting on with delivery, having signed over 1,400 major contracts since the election, with 94% of spend going to UK-based companies.
Calum Miller
The Minister has just said that the Government intend to keep the House regularly updated on these matters, but she declined the Liberal Democrat amendment that would set out that commitment in the Bill. Will she commit from the Dispatch Box that the Government will report, within six months of the enactment of the Bill, on the delays caused by the delay to the DIP, and the impact that they have had on the economy?
Louise Sandher-Jones
We are committed to publishing the DIP before the Ankara summit in July.
Amendment 11 concerns the Defence Housing Service’s budget and the defence investment plan. I hope that the right hon. Member for Rayleigh and Wickford (Mr Francois) will understand that I will not comment on any figures in the DIP—it will be published soon enough. Our defence housing strategy will deliver a decade of renewal for defence family housing. Previously, military housing was subject to insufficient, stop-start funding. That did not deliver value for money for the taxpayer, or the improvements that our service families deserve. The Defence Housing Service’s budget will be clearly set out, and it will account for its spending to Parliament via an annual report. As the Select Committee heard during the evidence sessions, there is nothing in the defence investment plan process that stops the Department getting work under way. The Defence Housing Service will be up and running from April 2027, and the work of renewing the estate can continue.
We were told multiple times—loads of times—over five months that the Government would invest £9.2 billion over 10 years to achieve the objectives of the Defence Housing Service, so I ask the Minister again: will she give a commitment to the House that that figure has not been reduced? If she cannot do that, people will believe that it has been reduced.
Louise Sandher-Jones
I will not comment, piece by piece, on what might be in the defence investment plan. We are getting on with the job of making improvements for service families now, and we are preparing for the launch of the new Defence Housing Service.
Amendment 11 states that the Defence Housing Service must operate within a budget set out in the DIP. That risks constraining the Defence Housing Service in a scenario where investment is set out in the plan, but has to rise thereafter. Any additional spending then risks being in breach of this requirement, unless and until a new defence investment plan is published. I am sure that the right hon. Gentleman will appreciate that that would constrain the service’s ability to respond swiftly and appropriately to changing requirements.
New clause 11 would require any future Secretary of State to consider whether to make a derogation under article 15 of the ECHR, which provides that
“in time of war or other public emergency threatening the life of the nation…a State may take measures derogating from its obligations under the Convention only to the extent strictly required by the exigencies of the situation”,
provided that such measures are
“not…inconsistent with the State’s other obligations under international law”.
When the Overseas Operations (Service Personnel and Veterans) Bill was being considered, concerns were raised that its clause 12 risked damaging the UK’s reputation for upholding the rule of law. It was also seen as unnecessary, because the Government can already derogate under article 15 of the ECHR, so the provision did not add any additional legal power and was largely symbolic. It was the last Government who agreed to its removal from that Bill, and I have not heard a convincing case for its inclusion in this Bill.
I will address new clauses 3 and 5 together, as they both deal with how we care for our veterans. I thank hon. Members for tabling them. I appreciate their concerns about our armed forces veterans, and I acknowledge the sentiments behind the new clauses. We have published our new 10-year veterans strategy, which sets out a new narrative around the remarkable men and women who have served in our armed forces. It applies UK-wide, is cross-Government and cross-sector in scope, and will provide significant opportunity for both data collection and data sharing, and we do not wish to distract from the progression of this work.
Louise Sandher-Jones
My hon. Friend is right to raise this issue. Recruitment and retention have both improved, and, crucially, morale has improved, as measured through the armed forces continuous attitude survey, so our work so far has shown clear results.
I am very conscious of the words that we are saying to veterans. In the Minister’s response to a written parliamentary question on 28 May, she said that UK veterans faced a six-month wait when applying for war pensions in 2024-25. It is now 18 months at a minimum. I know that because I am going through the process, after a minor amputation of my foot. That period has more than tripled on her watch. Was she aware of that? Is that acceptable? It is a bare minimum of 18 months before there is even a response.
Louise Sandher-Jones
I am very sorry to hear of the challenges that the hon. Gentleman faces. I am very well aware of the issues faced, and we have taken a number of measures to counter them. I will ensure that we write to him with very full details of the measures that we have taken to address the issue.
Louise Sandher-Jones
I am afraid that I am going to make some progress, because I only have so long.
We are delivering Op Valour, a new national programme designed to make it easier for veterans to access the care and support that they deserve. Part of the programme is about using data to ensure that the right services are delivered at the right time, to the right place.
On the issue of homelessness, we are delivering Op Fortitude. I say to the right hon. Member for East Antrim (Sammy Wilson) and to everybody in this House that if they come across an ex-service person on the street, they should make use of Op Fortitude. The telephone number is 0800 952 0774. It is a single referral pathway that connects veterans who are experiencing, or at risk of experiencing, homelessness with help and support, and it has already helped more than 1,000 veterans with supported housing and temporary accommodation. On mental health, we have invested more than £25 million this financial year in Op Courage. Again, it is a single pathway in England for supporting veterans’ mental health, and it has already supported more than 35,000 veterans. We have a range of programmes to support those leaving service in finding fulfilling and sustainable careers that make use of their unique skills and experience.
Let me turn to new clause 13. After well-documented, historic shortfalls in recruitment and retention, the figures are now far more positive. Under this Government, inflow is up by around 13%, and outflow is down by 9%. We have cut red tape, addressed system blockages and established a ministerial board to oversee both inflow and retention. I am concerned that if the Government were required to set out an armed forces retention strategy, alongside the annual “Votes A” paper on the maximum number of personnel to be maintained, it would create an additional layer of bureaucracy, and would largely duplicate information that is already available. We already publish information on the size and make-up of the armed forces, and we will continue to publish that. We will also continue to publish the outcomes of the various continuous attitudes surveys that the MOD runs annually.
New clause 14 would require an independent review of armed forces recruitment and retention. We are improving retention through sustained investment in our people. We have a range of policies designed to help those who are medically discharged, and to ensure that people get the support that they need, and they are kept under constant scrutiny. The results of that can be seen in the decreasing outflow rates in the quarterly personnel statistics.
As I have mentioned, we also publish the attitudes surveys each year, and we will continue to do so. Although these show that service personnel still have some significant issues with service life, we believe that the investments we have made will mean that we start to see an improvement in future surveys. We will also continue to publish a range of other reports. For example, the Service Complaints Ombudsman publishes an annual report, which will be taken forward by the new Armed Forces Commissioner.
Let me turn to amendment 12. The hon. Member for Bicester and Woodstock (Calum Miller) raised the issue that low trust reduces the likelihood of reports of sexual offences. I take this issue very seriously and have done a lot of work on it, but the feedback from victims and from our victim and witness care unit has been positive; it indicates that they feel supported, listened to and understood. We have seen an increase in reporting of sexual offences, which may indicate greater confidence in reporting them. We continue to strive to improve the service justice system, and to raise confidence in it. That is why the Bill strengthens support and protections for victims of sexual offences.
Amendment 15 would require the Secretary of State to review current practice regarding the transfer of medical records of armed forces personnel upon their transfer to the reserve forces. I reassure the House that no transfer of records is needed when transferring from regular to reserve service, because defence continues to hold and manage healthcare records in the same electronic system.
Let me turn to amendment 1. I thank the hon. and learned Member for North Antrim (Jim Allister) for it, and recognise the concerns raised regarding the position of Northern Ireland councils. However, the amendment reflects a misunderstanding of the role that those councils play in the delivery landscape. The covenant legal duty applies to bodies when they are exercising public functions in certain key policy areas. In England, Scotland and Wales, local authorities play a direct role in delivering services in policy areas such as housing, which is why they are included. In Northern Ireland, responsibility for those policy areas rests with the Executive Departments and their arm’s length bodies; councils do not exercise functions in relation to the policy areas covered by the covenant duty. While councils can support the armed forces community through engagement, they do not have the levers to address the disadvantages that the duty seeks to tackle. Clause 2 reflects the distinct devolved arrangements across the UK, ensuring that the duty sits with those bodies best placed to make a meaningful difference.
Louise Sandher-Jones
I am afraid that I do not have time, but I would emphasise that what I have outlined does not remove the ability for councils in Northern Ireland to pledge their support as a covenant signatory. We will work very closely with colleagues in Northern Ireland to uphold covenant principles in practice.
In my former role as Minister for Veterans and People, I recently met the right hon. Member for Rayleigh and Wickford, and the hon. Member for Solihull West and Shirley (Dr Shastri-Hurst), to discuss the concerns behind amendments 3, 4 and 5. We will continue to work as a Government on the best way to address those concerns in practice. Last month, I met the Minister for School Standards, who has agreed to look into the concerns raised, particularly about improving support for service families when they move.
The better route is not a rigid statutory fix; rather, it is practical improvements through existing systems. The covenant legal duty statutory guidance already gives public bodies a flexible framework for taking account of the particular challenges that service families face. However, let me be clear that considering the statutory guidance and supporting the duty is not optional; once it is in force, public bodies subject to the duty must have regard to it in their decision making and policy development. Special educational needs, adoption and fostering, and NHS continuity are incredibly important issues, but they are not well addressed through rigid legislation—the systems are different, the legal frameworks are different, and the decisions involved often depend on professional judgment. Our focus is on improving continuity in delivery, so that service families get better support without unintended consequences.
Turning to new clauses 1 and 2, the International Criminal Court Act 2001 and the International Criminal Court (Scotland) Act 2001 give effect to the provisions in the statute of the International Criminal Court. As such, they are the applicable regime for the issues raised by those new clauses, rather than the Visiting Forces Act 1952. The International Criminal Court Act exercises jurisdiction over individuals, rather than states, and any request to the UK from the ICC in respect of a warrant or investigation would be dealt with under the International Criminal Court Act as the appropriate applicable legal framework. I would add that the International Criminal Court Act already enables UK courts to prosecute relevant offences committed by UK nationals outside of the UK, irrespective of whether they are a member of a foreign military organisation.
Louise Sandher-Jones
I am afraid that I have little time, so I must make progress.
New clause 17 would exempt certain service personnel and veterans from routine reassessments or reviews of the personal independence payment. While I recognise the intention behind the amendment, it is important to note that the PIP is a civilian welfare benefit, administered by the Department for Work and Pensions. Once someone has been awarded the armed forces independence payment, it is paid for life. It is not subject to periodic reviews, and there is no requirement for reassessment; it is specifically designed to provide stability and certainty for those with the most severe, life-changing injuries sustained in service. It is set at the same level as the highest rate of PIP or disability living allowance, whether or not the recipient has any care needs.
Although I recognise the intention behind new clauses 19 and 20, a national standard is not required. I hope that what I have outlined provides the necessary assurances to the House that these new clauses are not necessary, and I ask that they be withdrawn. I commend amendment 2 to the House.
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 4
Waived fees for indefinite leave to remain for spouses or children of serving or discharged members of the armed forces who have served for four or more years
“(1) The Immigration and Nationality (Fees) Regulations 2018 is amended as follows.
(2) In Table 9 (fees for applications for limited leave to remain in the United Kingdom and connected applications) in 9.18 after “Forces” in paragraph (b) insert—
“(c) in a case where the application is made by a person who is a spouse or child of a member or previously serving member of the armed forces who have served for four or more years.
(3) In Table 9 (fees for applications for limited leave to remain in the United Kingdom and connected applications) in 9.18 in paragraph (b) leave out “(a) and (b)” and insert “(a), (b), and (c)”.”—(Ben Obese-Jecty.)
This new clause would amend the Immigration and Nationality (Fees) Regulations 2018 to waive the fee for indefinite leave to remain applications for the spouses or children of any current or previously serving members of the armed forces who have served for four or more years.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Louise Sandher-Jones
I beg to move, That the Bill be now read the Third time.
I thank everybody who has helped bring to the Bill to this stage, in particular the parliamentary staff, the Office of the Parliamentary Counsel and officials in the Ministry of Defence, especially the Bill team. They have all worked diligently to deliver it. I also thank the right hon. Member for Rayleigh and Wickford (Mr Francois) and all Members on both sides of the House for their constructive engagement throughout the passage of the Bill. I place on record my particular thanks to my predecessor, my hon. and gallant Friend the Member for Birmingham Selly Oak (Al Carns), for all his hard work and dedication in getting the Bill to this stage.
The first duty of any Government is the defence of the United Kingdom. It is a duty carried out every day by the extraordinary men and women of our armed forces, with the support of their families, who together make immense sacrifices to keep our nation safe. Too often, however, those who serve and the families who stand beside them feel undervalued. This Government were elected on a promise to change that and to renew the nation’s contract with those who serve. Through the Bill, we are delivering on that promise.
The Bill not only fulfils our constitutional responsibility to renew the legal basis for the armed forces, but delivers meaningful reform across four key pillars: extending the armed forces covenant legal duty, establishing the Defence Housing Service, expanding our pool of reserves, and reforming the service justice system to boost protections and support for serving personnel.
First, the Bill strengthens the armed forces covenant—the promise that those who serve and their families should face no disadvantage because of that service.
Secondly, the Bill addresses long-standing concerns about defence housing. The quality of accommodation is not a peripheral issue; it is central to recruitment, retention and family life.
Thirdly, the Bill recognises the increasingly vital role that reservists play in modern defence. They are essential to our operational capability. Deployed alongside regulars and reserves, our strategic reserve gives us wider access to the specialist skills we increasingly need in the face of a shifting landscape of threats. The measures in the Bill help to support mobilisation, improve flexibility and ensure that reservists are properly integrated, valued and supported. They will therefore strengthen not only our military capability, but the essential connection between our armed forces and wider society.
Finally, the Bill delivers important reforms to the service justice system. Discipline, fairness and confidence in the system are fundamental to operational effectiveness and morale. The changes set out in the Bill aim to modernise and improve victim support and boost protections for those serving.
Taken together, these four pillars reflect our commitment to improve service life in a practical and lasting way. At a time of growing global uncertainty, we are asking more of our armed forces than ever before, so it is right that we match that ask with action to protect, support and value those who serve.
The Bill not only renews the legal foundation of our armed forces; it renews our national commitment to them. I end by paying tribute to the courage, professionalism and dedication shown by the men and women of our armed forces. We are proud to count them as the finest in the world and, above all, this Bill is for them. I therefore commend the Bill to the House.
(2 months, 1 week ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
That the Bill be now read a second time.
Scottish legislative consent granted, Northern Ireland and Welsh legislative consent sought.
My Lords. I start by highlighting the interests I have declared: my son-in-law is an active reservist.
It is a great honour and pleasure to speak to the Armed Forces Bill, as I know it is for us all. We should be reminded that without the Armed Forces Bill, the current Armed Forces Act 2006—the legislation that provides a system of command, discipline and justice for His Majesty’s Armed Forces—could not continue in force beyond the end of this year.
Since 1688 and the Bill of Rights, it is a constitutional requirement that Parliament, rather than the King or the Executive, has the authority to exert control over our Armed Forces. It is Parliament, through our common consent and the act of renewal, that ensures that there remains a legal basis for the continued existence of His Majesty’s Armed Forces. As such, the Bill is for the Armed Forces, although it goes beyond simply providing the legal framework for them to continue to exist as disciplined bodies. It is an opportunity to renew the nation’s contract with those who serve.
This substantial Bill does much for our current and former personnel, and the Armed Forces community as a whole, to provide better support, housing and protections for victims of crime, and to provide greater resilience for the nation by increasing the size and availability of the strategic reserves. It does this by delivering meaningful reform across four key pillars.
The Armed Forces covenant—the pledge between the nation and those who have served—will be strengthened by delivering on the manifesto commitment to place it fully into law. Establishing the defence housing service will allow us to properly manage, develop and improve the defence housing estate and make it fit for purpose for our Armed Forces personnel and their families. Providing the service courts and the service police with new powers to provide improved victim support and protections will bring it in line with the 10-year strategy to halve violence against women and girls. Reforms to boost the size and availability of the strategic reserve will reinforce the UK’s defence forces at a time of increasing global threats and uncertainty.
I shall say a little more about each of the four pillars. The Armed Forces covenant was introduced 15 years ago and has made a real difference to many in the Armed Forces community. At its heart is a promise between the nation and those who serve, those who have served, their families and the bereaved, recognising the unique demands and sacrifices of service life. It has already helped to reduce disadvantage for our Armed Forces community across the areas of housing, healthcare and education.
We recognise, however, that it must go further. Clause 2 therefore delivers on the Government’s manifesto commitment to place the Armed Forces covenant fully into law. It does this by broadening the covenant legal duty to 12 policy areas and, for the first time, the devolved Governments of Scotland, Wales and Northern Ireland, and UK government departments, will be subject to the duty. This means that, in addition to housing, healthcare and education, the covenant will also apply to areas including social care, childcare, employment, taxation, social security, criminal justice, immigration and citizenship, pensions, transport and Armed Forces compensation.
On defence housing, the Government have a moral duty to provide safe and decent homes to service personnel and their families. They have been previously let down by homes that are not fit for purpose, and we are determined to change that. Underinvestment in defence housing over decades led to record lows in satisfaction with defence homes. The 1996 sale of tens of thousands of defence homes to Annington led to taxpayers picking up the bill for maintenance and rent to the tune of £600,000 a day.
However, just six months after being elected, the Government transferred 36,000 defence homes back into public ownership, reversing a privatisation that the Public Accounts Committee described as “disastrous”. The next task is to bring homes up to a decent standard—a standard that our service personnel and their families deserve. The Government therefore commissioned an independent review and, in November last year, we published our defence housing strategy—our plan for the wholesale renewal of defence housing, backed by a £9 billion investment over the next decade.
Clause 3 delivers on one of the recommendations of the defence housing strategy: the creation of a new stand-alone public body—the defence housing service. This will serve as a single point of accountability for defence housing, staffed by experts and with forces families represented as part of its governance. As such, it will put the needs of the forces and their families first. With a clear strategy, unprecedented investment and a dedicated organisation in the defence housing service, we will deliver on this once-in-a-generation opportunity to provide the safe and decent homes our forces and their families deserve.
Through the Bill, we will also deliver important reforms to the service justice system, especially in the area of victim support and protections. Clauses 5 to 10 provide a comprehensive package of protection measures, with Clauses 11, 12, 26 and 27 providing improved support and assistance to victims of offending. I add that, while these measures will strengthen the service justice system, we recognise that not all unacceptable behaviours reach the threshold of a criminal offence. That is why the Ministry of Defence continues to develop policies that seek to address unacceptable behaviours.
Through the Raising our Standards programme, we are tackling unacceptable behaviour and driving lasting cultural change across defence, with better training, clearer reporting systems and greater trust in leadership. The new VAWG prevention taskforce has been deployed to Catterick and to the south-west to assess lived experiences, tackle root causes of unacceptable behaviour and roll out effective interventions. Immediate initiatives are already being deployed, such as the recruitment of additional sexual assault referral nurses, who will cover the south-west, and the rollout of an independent legacy advocacy pilot that will support victims of sexual offences to understand their rights and what to expect when navigating the service justice system.
These policies, together with the separate service complaints process, now overseen by the recently appointed Armed Forces Commissioner, will also help ensure that unacceptable behaviour is challenged and addressed appropriately. I say to the noble Baroness, Lady Goldie, as well as the noble Baronesses, Lady Smith and Lady Kramer, that this improvement in culture also includes the whistleblower review. We will be meeting in due course before the publication of that review, which is now ready, subject to the noble Baronesses’ comments.
I move on to the package of measures relating to the reserves. Clause 32 will enable regular personnel at warrant officer level or equivalent, and below, to seamlessly transfer into the Volunteer Reserve, and vice versa, without having to leave one force and rejoin the other. Clauses 33 to 37 amend the Reserve Forces Act 1996 in relation to call-out and recall liability, ensuring that it is fit for purpose. This will help ensure that defence has access to more people with the right skills and experience it needs at times of need. It will harmonise liability across the services, widen the pool from which we can draw resources, and allow us greater access to both our Volunteer Reserve and Strategic Reserve pool. It is good to see the noble Lord, Lord Lancaster—who heads up the reserves—in his place. I know how hard he has been working, as many other noble Lords have been, with respect to this.
Just to digress slightly, I know that many noble Lords across the Chamber are particularly concerned about resilience and homeland defence and all those sorts of things. I look forward to the debate in Committee on that aspect, as we move forward on how we make the best use of our reserves around all of that.
Clauses 33 to 37 will make it easier to mobilise personnel earlier ahead of the outbreak of any war and increase the maximum age—from 55 to 65—at which reserves can be recalled. I welcome that increase. There are many people who would be eligible for this who are 64 and they would be brilliant doctors, brilliant accountants, brilliant cyber analysts—brilliant in many ways that would be of interest. I am aware of some of the initial reporting when that announcement was made, but if you look at it in that light, you can see the significance of the contribution that many older reservists could make to the defence and security of our country. Looking at it from that perspective, one understands the importance of and the reasons for raising that age limit. I just wanted to reiterate that important point at the start of our discussions on the Bill. These measures align with the direction provided by the strategic defence review to allow for a whole-defence approach, to re-energise the relationship with the Strategic Reserve and, as I say, increase our readiness for war or potential conflicts.
Beyond these four main pillars, the Bill contains other important measures that cover such areas as protecting the defence estate from drone activities—again, something that I know has been of particular concern to many noble Lords—providing increased protections for military shipwrecks, and extending cross-border powers for the Ministry of Defence Police.
This Armed Forces Bill makes important and positive changes for the Armed Forces, their families and the wider defence community. I look forward to the detailed scrutiny the Bill will be given in Committee, and the challenge that there will be to some aspects of it, while noting the general support there was in the other place and that there is—as I know from conversations I have had—in this place. Such challenge and scrutiny can only improve the Armed Forces Bill and make it a Bill of which our Armed Forces and defence community can be proud—which is indeed what we all want. I beg to move.
I thank the noble Baroness for winding up the debate and noble Members from across the House for their contributions. I am really pleased—as I think the Opposition Chief Whip heard me say—that everyone is in favour of the Bill. I would hate to be answering on a Bill that everyone opposed; I would be in serious trouble answering all their questions, challenges and gaps, so I start by saying that I am so pleased that everyone is in favour of the Bill. Somebody outside the Chamber used the term non-controversial, but I will not use that phrase as it was made outside the Chamber.
That said, noble Members from across the House have made some serious points about how a Bill that they support could be further improved. I accept that and the challenge for the Government to take it forward. As I said in my introductory remarks, we all want the Bill to succeed because we support its aims.
Let me deal with some points. We have had the debate about funding, and I appreciate that the noble Earl, Lord Minto, and the noble Baroness, Lady Goldie, will continue to make their various points about that. I will make the same points back, and that debate will continue.
However, a number of noble Lords, including the noble Earl, Lord Minto, raised defence housing. I do not often get irritated—and I am not irritated—but I find it slightly strange that a Government who have committed £9 billion of public money over 10 years to improve housing are being taken to task on it. That is all I will say: the Government’s policy is to improve defence housing with £9 billion over 10 years.
Somebody asked whether it applies to single-person housing. With the defence housing service, we are talking about family accommodation. A separate review is going on for single-person accommodation which will report in due course and then the Government will have to respond. That is a very clear answer on that.
The noble Earl, Lord Minto, and the noble Baroness, Lady Goldie, raised the DIO and its relationship with the defence housing service. I will read out this bit of my brief to make sure I get it completely right: “The responsibilities of the Defence Infrastructure Organisation will continue to be provided as part of the National Armaments Director Group within the MoD alongside the new defence housing service, which will assume responsibility for the provision of family housing and the development of surplus defence land in line with the objective set out in new Section 343E(1) inserted by Clause 3 of the Bill. The new defence housing service will continue to work closely with departmental teams, and this will be covered in the framework document between the department and the defence housing service in the usual way”. That seeks to clarify some of the points that the noble Earl, Lord Minto, made in his introductory remarks, and that the noble Baroness, Lady Goldie, and other Members made about the relationship between the DIO and the housing service.
On the ECHR and its application continuing, I think the noble Earl, Lord Minto, made the point that an amendment would seek to change the Government’s wording from “may” to “must”, but all Governments usually argue, and this Government will argue, that they often require flexibility in how they implement various laws. That is something that we would seek to continue.
I thank noble Lords for their interesting ideas about funding for the future. The noble Baroness, Lady Smith, also raised the issue of defence bonds. The Government are looking at different ways in which we can finance defence in the future and no doubt that discussion and debate will continue.
The noble Lord, Lord Wallace, talked about the national conversation. That may change. This is a “stop the press” announcement: responsibilities among the ministerial team may change and I may already have lost the national conversation—not because I have not started it yet, I hasten to add. The serious point is that that national conversation is a priority within the department; the ministerial responsibility for it may well change, but it will be taken forward. I think that is something that the noble Lord, Lord Wallace, will be particularly pleased about, as will we all.
The noble Lord mentioned cadets, which I will come to later, when I also respond to some of the moving remarks made by the noble Lord, Lord Bailey.
Clearly, the national conversation is extremely important, not least around how we support homeland defence. The noble Lord, Lord Wallace, and other noble Lords also made the point about how we ensure that we get and retain public support for the amount we spend on defence. That is crucial to the way forward.
I thank the noble and gallant Lord, Lord Craig, for his welcome of the extension of the covenant to national bodies and his general support for that. He and the noble Baroness, Lady Penn, raised visas. I cannot answer all the questions, but I will answer some of them. Again, the Government are committed to scrapping visa fees for non-UK veterans who have served our country for four or more years, and their dependants. The MoD has started work with the Home Office to deliver this manifesto commitment, and that commitment on visa fees remains. I know that the noble and gallant Lord, Lord Craig, raised that, as well as the issue with the ECHR, and he heard me address that.
I hope that the intention to proceed with it will be coupled with a date when it will be done.
That is always my intention—rather than to be just aspirational—to try to demand change of the system. The noble and gallant Lord will know from his experience and military service that even a senior rank or senior ministerial rank does not always mean things moving quite as quickly as one would hope. Certainly, this is not an aspiration but a desire to actually bring it about. We will work with other government departments to try to ensure that something happens on that as quickly as possible.
The right reverend Prelate the Bishop of Norwich raised various issues and welcomed the covenant. He heard what I had to say about single-person accommodation and the importance of a whole-society approach. A number of noble Lords mentioned service police and we will come back to some of those issues in Committee.
The noble Baroness, Lady Penn, heard me talk about some of the changes to visas. She mentioned the importance of paternity leave and raised that with me at another meeting outside the Chamber. Of course, we will look at that and see how we can take it forward. I think she mentioned an individual case as well; if she wants to write to me about that, because I do not know the case, I will look into it for her.
The right reverend Prelate the Bishop of Norwich made a really interesting point with respect to not just the Church of England but faith organisations as a whole. The moral dilemma there is between supporting the Armed Forces and appearing to support war versus being a peace-loving faith, which all faiths are. That is a moral dilemma, but sometimes you prevent war by preparing for it. That is the difficulty with respect to that.
The noble Baroness, Lady Lane-Fox, made the point about housing; she will have heard what I had to say about that. She made some other points about the need for transition support, learning and training, which were really important.
The noble Baroness, Lady Brinton, made a number of very important points, which were linked to points made by the noble Lord, Lord Thomas. I thought his was a brilliant legal contribution—I actually understood it, which is not always the case—in the way that he laid out some of the issues with respect to the cases that he referred to, as the noble Baroness, Lady Brinton, also pointed out. I do not want to say too much, because there are ongoing legal issues with respect to that, but there are certainly discussions taking place about how we take it forward.
Here is the legal advice I have had—and this is for the noble Baroness as well as the noble Lord. The Visiting Forces Act 1952 sets out the legal basis for how jurisdiction for criminal offences is decided between the UK civil authorities and a visiting forces service court martial. This is implemented in practice by the police, the Crown Prosecution Service and the UK courts as part of the criminal justice system. Following the deeply distressing recent case, officials are working across government to establish the full facts of how this process was enacted in this case.
If needs be, regarding some of the other things said by the noble Baroness, Lady Brinton, I will make sure that we come back in Committee with answers to the questions she raised, when I have had a full legal response to the things she asked. I thought they were really important, and I will bring them forward and share them—obviously, if I bring them up in Committee, people will see that.
I thank the noble Lord, Lord Lancaster, for the points he raised about the Strategic Reserve, and the point about data and the digitalisation of the system strikes me as one of those important things where it seems we ought to be able, sometimes, to just get on with them.
I take the point made by the noble Lord, Lord Magan, and we will continue the debate around resources. My only point of contention with him is that I really do not think we have “smashed” our special relationship with the United States. There are ups and downs, and sometimes it is difficult, but the UK-US relationship is of immense importance to our country and continues to be so.
I thank the noble Lord, Lord Dannatt, for the points he made. He will know that we are working hard to ensure that we do all we can to work properly with respect to historic wrecks. I will take the point about divers and come back to him in Committee about how the Bill impacts on that.
I thank my noble friend Lady Carberry for her remarks and the importance she gave to the reserves, not underplaying the role of the Active Reserve, and of employers being on side. I completely agree with that, and we will continue to take that forward.
The noble Baroness, Lady Bennett, also made the point about paternity leave, and she will have heard what I said to the noble Baroness, Lady Penn. The noble Baroness and I will continue to have the debate about 16 and 17 year-olds, the young adults—they are not child soldiers. I see it as a really important part of the contribution that the Armed Forces can make to the development of some of our young people, but that is a debate that we will continue to have. I do not know what the maritime war graves committee is looking at, but I will come back to her on that in Committee.
I thank the noble Baroness, Lady Fraser. We may not have delivered exactly what she wants with respect to the covenant but, if she looks at Clause 31, she will see that we have moved on the commissioner having responsibility for RFA personnel. She will know, given the continued remarks that she has made over a number of years around the importance of the RFA, that, although not giving her what she wants with respect to the covenant, the Government have moved on the extension of the role of the commissioner to that, which shows that contributions from all sides of the Chamber can actually make a difference to government policy.
I have said what I have said to the noble Lord, Lord Thomas. The noble Lord, Lord Morse, made the point about housing which, again, is really important.
My noble friend Lady Dacres made a good contribution. The consistency of delivery around the covenant across the country is really important, and she is quite right to make that point. I would say that one of the successes of the introduction of the covenant has been that it has changed attitudes and culture, which often does not require legislation. I think that the Armed Forces covenant has forced local authorities—and will soon do so for national government, although it has probably changed national government behaviour by its very introduction—to change the way in which people operate and the way people interact with our Armed Forces and veterans. I think it has made a difference there, and I say to my noble friend that that is how we see it taking place across the country.
With respect to the noble Lord, Lord Hay, discussions continue on the Troubles Bill and Northern Ireland and the proper place for our veterans and respecting them.
The noble Lord, Lord Bailey, made a hugely moving speech about his own experience and the way in which cadets work. We all support cadets. There are significant sums of money going into cadets, and we wish to expand on that. The noble Lord made an important point about how we attract more volunteers to support that. He will know there are tens of thousands of cadets across the country. This is a point I often make: you see them at events such as Remembrance Sunday but also many others, including Armed Forces Day, which we had recently. The role of cadets in those events, nationwide, was a great tribute to their organisations and a symbol of the sort of society we want in the way in which cadets can bring people together. I thank the noble Lord again for the contribution he made, from his own personal experience, on the way that cadets can help people who may need help and also help those who are simply young people growing up. I think that that is important.
May I congratulate the noble Lord, Lord Stevens, on his work as a graduate of the Armed Forces Parliamentary Scheme?
My Lords, I thank the Minister for giving way. He will know Northern Ireland extremely well, and he will know that there are at least five councils of Northern Ireland that do not implement the covenant. What do you have when your veterans lose out? You end up with a two-tier system where, across the rest of the United Kingdom, the covenant is very much rolled out. There is an opportunity in the Bill to try to address that issue, so it is not the responsibility of a local government to implement the covenant.
This issue has been going on for some time. I could name the councils involved, but, when you have five councils out of 11, you are in a situation where you have almost half of Northern Ireland not implementing the covenant and veterans losing out, when the rest of the United Kingdom and the veterans benefit from the covenant. So I ask the Minister: is there a way, within the Bill, of addressing the issue around Northern Ireland and the covenant?
The noble Lord explained some of that in his question. There is a particular situation, as he will know, with respect to Northern Ireland and the application of the covenant to all bodies there. As he will know, the duty applying to local authorities does not apply, and that becomes a problem, but we expect the covenant to apply to Northern Ireland through what the UK Government do. It is an ambiguity and it is difficult, but we will always seek to apply the covenant where we can, where it is appropriate, and where it fits the various devolution settlements with respect to that.
The covenant supports the Armed Forces community in Northern Ireland. Borough districts and city councils in Northern Ireland do not generally exercise functions in the policy areas in scope of the covenant legal duty. This does not exclude councils in Northern Ireland from pledging their support for the Armed Forces community by becoming a covenant signatory. I think that is what the noble Lord referred to. Some councils will choose to do so and others will not. That is the situation as it stands.
The Minister must recognise that if this goes through without any recognition that Northern Ireland is again being treated differently, it really is not good enough. Surely, they are the Government of the United Kingdom of Great Britain and Northern Ireland, and the covenant is so important to all those people who have served in Northern Ireland and who live there.
The noble Baroness will know from my record that the Government support the Armed Forces community in Northern Ireland completely. I went to Armed Forces Day in Northern Ireland last year, a government Minister went to Northern Ireland just a couple of weeks ago to support Armed Forces Day, and I have been asked to an event in Northern Ireland in a few weeks’ time, which I hope to go to.
Support for Northern Ireland’s Armed Forces community with respect to the aims of the covenant are clear. We seek to recognise the reality that is there. Councils can pledge themselves to the covenant if they wish. A number have done so, but some have chosen not to. I reiterate the Government’s support for the Armed Forces community in Northern Ireland.
I turn now to a couple of remarks the noble Lord, Lord Stevens, made. On the covenant, as I said, it is the bite of the “due regard” that makes a difference. We saw, when it was introduced by the last Government, that “due regard” has impact as it seeks to bite. Cultural change will cause the councils—as they were then; they are now national bodies—to start to do things that they would not otherwise have done.
It is good that drones are in the Bill. They start to plug a gap. There will be questions about how we deal with that.
I thank the noble Baronesses, Lady Smith and Lady Goldie, for their remarks. There are many questions that we will have to come back to.
I finish by saying that I welcome the general support for the Bill. I also welcome the various challenges and questions that have been posed. We will seek to address those and move forward in a constructive way. If there can be improvements and adaptations, and the Government agree with them, we will see whether we can find a way forward.
That the bill be committed to a Committee of the Whole House, and that it be an instruction to the Committee of the Whole House that they consider the bill in the following order: Clauses 1 to 3, Schedule 1, Clauses 4 and 5, Schedule 2, Clauses 6 and 7, Schedule 3, Clauses 8 to 31, Schedule 4, Clauses 32 to 36, Schedule 5, Clauses 37 and 38, Schedule 6, Clauses 39 to 46, Schedule 7, Clauses 47 to 56, Title.
(1 week, 5 days ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Armed Forces Bill 2024-26 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, I will speak very briefly to support strongly what the noble Lord, Lord Davies of Brixton, just said. He brought to our attention a most significant failure in how Armed Forces pensions have been paid, calculated and mispaid.
It would be extraordinary to be told—but it appears that we will be told this—that the contractors have no obligation whatever to correct the mistakes that they have made, and that they will not be charged under some legal system to make repayments for the mistakes that they have made. It is also extremely important for those who are obliged to pay back, or are being asked to pay back, that the system they will work under is explained to them rapidly and quickly. Every day that goes by, they do not know what is to happen, and, as has been pointed out by the noble Lord, Lord Davies, some considerable sums are involved.
My Lords, I will just start with quite a profound comment, if your Lordships do not mind. Today we mark 20 years since RAF Nimrod aircraft XV230 was lost during a routine operational flight in Afghanistan. That was the biggest single loss of life of British service personnel since the Falklands War, and I know that the thoughts of all noble Lords will be with the families, friends and colleagues of those we lost two decades ago in service to our country.
On a slightly lighter note, can we just get out of the way one sobering fact? The noble Baroness, Lady Smith, is right to point this out, so let us get it out in the open and out of the way. The noble Baroness, Lady Goldie, has been on the road to Damascus, seen the light and changed her mind on a number of issues. I have to say that I have been on the same road but in the opposite direction, and therefore I have come to different conclusions. That is the last time I am going to mention that, because there are a number of such examples as we go through the Bill.
However, the serious point that I wanted to make is to say, first, that in a number of the contributions that have been made, noble Lords have made suggestions, “What about this?” or “What about that?” Obviously, I will reflect on all the various comments that have been made. I think the noble Baroness, Lady Goldie, asked about the possibility of a meeting to take further some of the comments she made. I am perfectly happy to do that.
I will also deal, slightly out of order, with what my noble friend Lord Davies said, in a very important contribution, supported by the noble and gallant Lord, Lord Craig, and, as I see, by others around the Chamber. It is a very difficult and important issue, because it not only involves who has responsibility for whether it falls within the covenant but involves a lot of different people, organisations and financial calculations one way or the other. I know one of my ministerial colleagues is dealing with it, so I suggest that I organise a meeting to bring together the noble and gallant Lord, Lord Craig, my noble friend Lord Davies and other noble Lords who want to attend, to discuss where we are precisely with this issue so we can take that forward. My noble friend’s contribution was so important and had such a huge number of points, so that is the best way forward for us with respect to that. Whether it is part of the covenant or not, my noble friend made a huge number of other points. So that will have been noted and we will take that forward.
I am very pleased to begin our consideration of the Armed Forces Bill, and I look forward to the contributions, particularly from the noble Baroness, Lady Goldie, with the noble Earl, Lord Minto, but obviously also from the noble Baroness, Lady Smith, and many others. I am also grateful for the amendments. I know there is general support for the Bill. but I also know that nothing is perfect and that there are always clarifications that need to be made, and there is also the possibility of taking things forward and trying to improve it. That has always been the way that I try to take things forward and I will continue to do so.
I will first deal with the amendments from the noble Baroness. We have sailed together on many warships and I have met the RFA crews, as she will know. I thank her for her contribution and I acknowledge the concerns that she has raised about Royal Fleet Auxiliary personnel. The Royal Fleet Auxiliary, or RFA for short, is a unique asset to defence—we all agree with that—and we continue to invest in it. We work closely across government to ensure that the seafarers who work for the RFA have the employment conditions that reflect the essential nature of their work. As the noble Baroness outlined, these amendments would extend the covenant principles to include the RFA. Public bodies in scope of the statutory covenant duty would need to have due regard to the effects of membership of the RFA in the same way as for members of the Armed Forces.
The Government do not support that extension. The Armed Forces covenant legal duty is specifically designed to address the disadvantage arising from the unique obligations and circumstances of service in the Armed Forces. RFA personnel make an important contribution of support to defence activity, including on operations, as the noble Baroness pointed out, but they are civilian seafarers employed on civilian terms and conditions. For all civilians, participation in or support to military operations does not in itself create the same obligations or unique challenges as membership of the Armed Forces.
Extending the duty on that basis would move it beyond its intended purpose and blur the clear boundary around those whom Parliament designed it to protect. However, in Clause 31, the Bill appropriately recognises—the noble Baroness pointed this out—the distinct position of RFA personnel, which brings them within the remit of the Armed Forces Commissioner, providing an independent route for concerns about welfare, working conditions and systemic issues to be investigated. Since this is Committee, I would refer noble Lords to the Bill itself, because Clause 31 also refers to Schedule 4, which lays out in more detail some of the additional general functions that would be required, and it is more extensive in terms of welfare provisions, investigating thematic issues that may arise, promoting the welfare of RFA members, and, very importantly, improving the public’s understanding of the welfare issues that RFA members face. Schedule 4 adds to Clause 31 in a way which I think contributes to maybe answering some of the points that the noble Baroness has put forward in her amendments.
The provision, however, fundamentally does not alter their civilian status or justify extending a covenant duty designed specifically to address disadvantage arising from service in the Armed Forces. This does not, however, mean that the RFA personnel are overlooked. In the spirit of the covenant, organisations who have signed the Armed Forces covenant pledge are encouraged to consider the needs of other groups within the wider Armed Forces community, where individual circumstances meet it. That obviously will include members of the RFA, but that is distinct from extending the legal duty itself, which remains focused on disadvantage arising from service in the Armed Forces. However, the Government remain committed to ensuring that RFA personnel receive appropriate support but do not believe that extending the covenant legal duty is necessary nor consistent with its statutory purpose.
I move to the other amendments in the group, which were spoken to by the noble Baroness, Lady Goldie, supported by the noble Baroness, Lady Smith, in her comments, and signed by the noble Earl, Lord Minto. These amendments would extend the Armed Forces covenant duty beyond national duties to a much wider range of public bodies, as the noble Baroness pointed out in her comments, including non-departmental public bodies and publicly owned companies. I understand the intention behind these amendments, and we share the objective of ensuring the covenant is properly embedded across public service delivery, but we do not believe that such a broad approach is necessary or indeed proportionate.
The purpose of the duty is to ensure that covenant considerations are reflected in the policies and strategic decisions that shape service delivery. For that reason, the duty is placed on Ministers and the relevant national authorities that determine policy and set the framework within which services are delivered. Non-departmental bodies are therefore not included, as generally their role is to implement government policy rather than to determine it. By placing the duty on those bodies responsible for setting strategic direction, the Bill ensures that covenant considerations are embedded throughout the wider system.
In direct answer to the noble Baroness’s point about HMRC, it would not be covered by the covenant. She also pointed out a couple of organisations that she felt it would be appropriate for the covenant to cover, but it would also bring organisations into scope whose functions have little or no connection with the Armed Forces, such as the Met Office or the Environment Agency. There are bodies you can point at and ask, “Why is that not included?”. But there are also other bodies where you would ask, “Really?”. It is a way of considering all that. It would increase administrative requirements without necessarily delivering a benefit to service personnel, veterans, their families and the bereaved. The Government believe that the targeted approach set out in the Bill strikes the right balance between improving covenant delivery and ensuring obligations are focused where they can have the greatest effect.
I point out, as a reassurance—I am sure people have noticed—that the Bill does provide flexibility for the future. Should evidence emerge that additional bodies ought to be brought within scope, the Secretary of State will have power to do so through secondary legislation, and that is included within the Bill before your Lordships today. That is the Government’s view, and I hope it provides some of the necessary assurances to the Committee. I ask the noble Lords not to press their amendments—with the offer, again, that we can of course continue to discuss these matters.
My Lords, I thank all noble Lords who have spoken in this debate, which seems to me to be one about fairness and about anomalies in the Bill, and I thank the Minister for his reply. I make no apology for highlighting the unique position of the RFA, which I feel the Minister acknowledged in his reply. He acknowledged that they have a distinct position. They are not just civil servants. They may be civilians, but the Armed Forces covenant extends to reservists, who are civilians until they are deployed as reservists. It is profoundly unfair that the men and women of the RFA who wear a uniform and are deployed alongside our Armed Forces are outside the covenant’s protections, and yet they are included in Clause 31 and Schedule 4 for pay and conditions. As the Minister pointed out, it leads to ambiguity; it cannot be the Government’s intention to create this ambiguity.
I feel my amendments are a modest change, but they represent a statement of intent. It seems to me that Defence Minister after Defence Minister is lining up to want to value the RFA more and to give a statement of intent. The Minister has been offering meetings between now and Report. I hope he will consider the position of the RFA within the Bill and how, together, we might clarify this intent. I look forward to further discussions, and I reserve the right to bring this back on Report if necessary.
If the noble Baroness is saying it would be helpful to have a further discussion, of course we can.
I appreciate that very much. With that, I beg leave to withdraw.
My Lords, I too am pleased to support the amendments tabled by my noble friend Lord Harlech, both of which, I believe, attempt to strengthen the Armed Forces covenant, much as my amendments in the previous group were intended to do.
Amendment 6 addresses what could become a gap in the application of the covenant. It is all very well and good placing this new legal duty on select public bodies, but that duty means little if those bodies cannot identify who among their community belongs to the Armed Forces. This amendment attempts to correct that by requiring the relevant bodies to ask, sensitively and consistently, whether an individual falls within that community and to distinguish reserve service from veteran status, since the two carry quite different implications for practical support. I understand that this is something a number of hospital trusts have started to do when patients attend their A&E departments. Identifying early on whether a patient is a serving member of the Armed Forces or a veteran allows clinicians to develop tailored care.
Amendment 7 addresses the operational readiness of our Reserve Forces, which I know is of particular importance to many of my noble friends, as eloquently attested by my noble friend Lord Harlech. This Bill extends liability for callout and recall, which we will discuss later, but that rests on an assumption—a very important assumption—that reservists are medically fit to serve when summoned.
There is nothing in the current drafting that asks health bodies to have any regard whatever to that reality. My noble friend’s amendment remedies this. The provision has effect only where patients are already of equivalent clinical priority, at which point a reservist’s mobilisation requirements may be properly weighed.
I am grateful to my noble friend Lord Harlech for raising these two important issues about the potential operation of the covenant once a legal duty is established. I very much hope that the Minister will give these amendments the due consideration that they merit.
My Lords, I thank the noble Lord, Lord Harlech. I recognise the service that he gives as an active member of the reservists—captain, I think, so congratulations to him. I am not sure whether that is a promotion that has just happened or whether I just missed it, but congratulations on that. I too declare an interest as my son-in-law is also an active reservist, so I am well aware of many of the issues quite forcefully put at times. That may recur at various points throughout the Bill, so I ask people to take note of that.
I was just looking for the relevant point in the extension of the covenant in Clause 2. Before I make my formal remarks, I will go to the point made by the noble and gallant Lord, Lord Craig, and my noble friend Lord Davies. Clause 2(2) inserts a duty to have due regard to the Armed Forces covenant and lists, in a way that we are all supporting, the specified persons and the specified matters, so there is a huge extension to cover many of the points that noble Lords are making.
Could the Minister clarify something? The definition of “health body” refers to NHS England and integrated care boards. Does that include dental services, just to put that on the record?
My assumption would be that it includes all NHS services. The serious point that I am making is that page 2, on the extension to the national bodies and covering matters, starts to try to deal with some of the various points that the noble Lord has quite rightly made, and I thank the noble Lord, Lord Harlech, for his views.
Amendment 6 would require bodies subject to the covenant duty to ask and record whether an individual belongs to an Armed Forces community. I recognise the intent behind the amendment and that the recording of someone’s Armed Forces status does not always happen as it could or should. We are continuing to encourage improvements in that area, because it is important that we do that as far as possible. We do not believe, however, that it is appropriate to place statutory requirements on these bodies to ask them to record an individual’s Armed Forces status. It may not always be necessary for the delivery of services or the removal of disadvantage, so it risks imposing an additional administrative burden, for limited benefit.
In many cases, bodies subject to the duty, such as Government Ministers, make decisions about the Armed Forces community in general rather than about specific individuals. It would therefore be impractical and unnecessary to require these bodies to establish whether every individual who is or may be using their public services is a member of the Armed Forces community, which is what the amendment would require. It is important to say to the noble Lord that the covenant duty’s updated statutory guidance already highlights the importance of bodies identifying who is in the Armed Forces community, giving them the flexibility to determine the best way forward, rather than imposing a rigid statutory requirement. I hope that answers to an extent some of the questions asked the noble Baroness, Lady Goldie. We have statutory guidance that we have updated to try to improve the situation as well.
On Amendment 7, the Government recognise the importance of ensuring that our Reserve Forces are medically ready when called upon. Fitness to serve is already a fundamental consideration for the services when reservists are being considered for mobilisation. Active reservists, as the noble Lord will know better than most, are subject to pre-mobilisation health checks delivered through defence primary healthcare arrangements, and individuals will not be mobilised unless they meet the relevant service medical standards.
I share the objective of maintaining reserve readiness, but the amendment is not the appropriate means of achieving that objective. It would place a new statutory duty on health bodies across the UK to take account of reservist mobilisation status in the exercise of public health and social care functions. The proposed new clause would require health bodies to take defence readiness into account when allocating access to examination or treatment.
I am confused as to the Government’s position on my noble friend’s amendments. Is it that there is an obligation on the reservist to self-declare and it is up to the reservist to sort that out? Or do they contend that there is an obligation under Clause 2 on the bodies mentioned to make some kind of inquiry to work out who is in the community that they serve? It is important that that confusion be clarified.
I do not think we are saying it is the reservist’s responsibility to ensure that people are aware, but we are encouraging bodies—and I have encouraged them—to determine the status of the individuals who come before them. As I say, rather than having a statutory requirement, we often see it as good practice and we are encouraging, through guidance and other ways, a means of trying to improve the situation.
As I say—I think this is part of what the noble Baroness, Lady Smith, was getting at—this risks blurring the clear and long-established principle that NHS care is determined by clinical priority, not necessarily by employment status or potential availability for service. It opens up all sorts of other possibilities as well. That is why, to answer the noble Baroness’s point, we understand the need to have due regard and to try to understand the particular circumstances of the individuals who may come before them from a reservist perspective.
The Government have been clear about our priority of supporting our health services in reducing waiting lists and improving access to care, but we should be cautious about creating new statutory factors for health bodies to weigh in their decision-making. Through the Bill, the Government have already taken steps to deal with the issue of disadvantage for the reserves compared to the general population. We are imposing a duty on specified national authorities, local authorities, health bodies and education bodies to have due regard to the principles of the Armed Forces covenant, which is the point I was making at the beginning. That is how we seek to address some of the disadvantages that the noble Lord has raised, as I say, on page 2 of the Bill.
I am really confused about what “with due regard” would mean given the Minister’s comment just now that health services must be based on clinical priorities. In the case of a reservist being called up and failing pre-callout checks because of something such as a wisdom tooth for which they have been on a waiting list for a long time, would “due regard” mean they would get bumped up the waiting list so that they were deployable, or not?
As the noble Baroness will know, the “due regard” point has come up ever since the covenant was introduced. The question of what it means has been a debate all the way through the existence of the covenant, but “due regard” has stood the test of time. It means what it says. We do not believe in compelling a dental practice, doctor’s surgery or hospital always to prioritise that particular person in that circumstance over and above everyone else. Although I understand the intent of the noble Lord’s amendment, it would require preference to be given irrespective of the needs of everyone else.
That is not right. The amendment expressly says that clinical need takes priority and it is only with two patients of equivalent clinical need that service need would affect the waiting time.
The point I am making is that “due regard” is the way that we try to ensure that the point the noble Lord makes is actually delivered. Rather than compel a particular organisation or body to do X, Y or Z, we require it through the guidance—the previous Government did it successfully and we have extended and developed it—to have due regard. When somebody comes forward in that situation, with the extension of the national bodies required to have due regard and the issues which they have to have due regard to, such as health and social care, that due regard will not exist until this Bill is passed into law. That means that there is a significant step forward in ensuring that the intent of the noble Lord’s amendment is realised, through ensuring and requiring that those bodies have due regard in the way that the term been accepted over many years since the existence of the covenant. That is why we think that is the appropriate way forward. We believe this meets the right balance between health bodies having due regard for the sacrifices of service life and removing disadvantage arising from service where appropriate.
As I said to the noble Lord, although I support the intention behind his amendment, I do not believe that a statutory obligation on health bodies is the right mechanism for delivering the outcome. What is outlined in the Bill about the extension of the covenant to the new specified persons, which include a health body, and the specific matters, which include health and social care, and requiring all of them to have due regard, is the appropriate way forward. With that, I hope the noble Lord will consider withdrawing his amendment.
My Lords, I am very grateful to the Minister for his remarks. I understand the case he is making and standing behind. I am incredibly grateful for the contributions from my noble friends and the noble Baroness, Lady Smith of Newnham. I think our argument has been more persuasive. If we are meant to be moving to a war footing and war readiness, I think this, “It would be nice if this happens”, with due regard is wrong. That is a cop-out from the Ministry of Defence. It sounds like it is just trying to take up a bit of slack because it does not want to overburden the NHS even more. If we are meant to be moving to a war footing and war readiness, this is not going to cut it and will come unstuck really quickly. This has been a useful debate to open up some more questions and move the discussion on, but I feel like we might return to this on Report. With that, I beg leave to withdraw.
I feel like sitting down after that, rather than carrying on. I thank the noble Lord, Lord Morse, for his views on the Bill. I acknowledge his concerns about ensuring that the expanded covenant duty is properly monitored, understood and supported in practice.
On Amendments 12 and 13, I recognise the noble Lord’s intention to ensure proper scrutiny, but the covenant already has a clear oversight framework. The Secretary of State is legally required to lay an annual Armed Forces covenant report before Parliament, and that will include the areas brought into scope by the extended duty. I hope that is of some reassurance. It will be brought before Parliament, and Members of both Houses will then be able to scrutinise that and ask questions, should they choose to do so. Officials are working to enhance the annual report, strengthening its role as a tool for assessing progress and for holding the Government and local bodies to account.
On the point made by the noble Lord, Lord Elliott, which the noble Baroness, Lady Smith, also alluded to, about the scope of the covenant and Northern Ireland, the noble Lord will know that page 3 lists what parts of the extended duties will apply in different parts of the United Kingdom. That varies not only between England and Wales and Scotland; there are differences between England and Wales and Northern Ireland. So that is obviously part of that. New Section 343AZB(2)(d) refers to
“the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department”.
That is part of the definition of a “national authority”. So in the reporting that will have to take place, part of that is included.
The noble Lord and the noble Baroness will also know that the territorial extent at the end makes it clear that some of the provisions apply in Northern Ireland. So, in answer to the noble Lord, Lord Elliott, and the noble Baroness, Lady Smith, it certainly tries to make clear what particular parts of the covenant are relevant, given the devolved arrangements within the UK, not only in England and Wales but in Scotland and Northern Ireland.
Lord Elliott of Ballinamallard (UUP)
Will the Minister accept that it is always good to have it in the legislation, but that is not always reflected in what actually takes place on the ground? That is what I am trying to ensure.
It is reflected in the legislation. The Bill says specifically what parts of the covenant apply—if we take Northern Ireland as an example, rather than Scotland or wherever. The Bill lays out the territorial extent and what parts of the extended duties apply in Northern Ireland. I am also saying, in answer to the amendment from the noble Lord, Lord Morse, that there is a statutory requirement on the Secretary of State to give an annual report outlining how the covenant has operated. Officials are working to understand how the new duties will be reflected in that annual report. I hope that offers some reassurance to the noble Lord that it is not just a case of passing it and then forgetting about it. Parliament will be informed about it and then people will be able to understand and decide how well they feel the covenant has been implemented in those areas for which different national bodies within the different parts of the UK are responsible.
Sitting alongside that is independent challenge from service charities and families federations, as well as wider parliamentary scrutiny. That provides an established framework for reviewing the operation and effectiveness of the duty in practice, so I do not consider that either a further statutory reporting duty or a separate independent review is necessary. I hope that what I have said is some reassurance to the noble Lord, Lord Morse.
Amendments 14 and 15 both concern the impact of the expanded duty on local authorities, including in relation to financial costs. I understand that concern, but a new burdens assessment is being undertaken and will be finalised before the duty takes effect. We consulted widely with local authorities to inform our assessment of any potential administrative and financial impacts. The duty is one of due regard and does not require local authorities to provide specific services or incur particular expenditure. We expect additional costs for local authorities to be limited, as many already have established processes in place to comply with the existing covenant duty. Local authorities will also be supported through additional guidance, training and other resources. I take this opportunity to congratulate all the national bodies, but in this instance local authorities, on the work they have done, are doing and will do to implement the various duties that the covenant outlines. As I say, I hope that I have reassured the Committee and the noble Lord, and that he will see fit to withdraw his amendment.
I thank the Minister very much for that, but does he think it likely that local authorities are going to come forward? Has he had any local authorities coming forward and saying, “No thanks, we can’t afford to do that”, or has he just not had that response? Is he saying he has had nothing but positive responses?
I can honestly say that local authorities coming to me, and the various responsible bodies, have all been positive and have all looked at how they may do their utmost to implement the covenant within their responsibilities. Of course, they recognise that that brings certain demands upon them, but they have been positive about it, accepting their responsibility, and I think it is a great tribute to them and to the local councillors involved. I think it has been a very positive response.
Shall we leave the point about single living accommodation, since, as the noble Baroness pointed out, we will have a discussion around family and single living accommodation in the next group? Without ignoring the noble Baroness, we will come on to her particular questions around that in the next group and answer some of her points on that more directly then, if that is satisfactory to her.
I thank the noble Baroness, Lady Goldie, as always, for the considered and thoughtful way in which she introduced her amendments. Before I get into my formal remarks, and without getting into a game of semantics on introducing a satisfaction criterion in the functions, on page 7 of the Bill, under functions of the Defence Housing Service, new Section 343(1)(d)(ii) talks about the
“continued wellbeing of those communities”
as being an important function of the DHS. I would have thought that satisfaction would be an important part of that. I do not disagree with the noble Baroness, and I will come to this in my formal remarks, but I thought it was important to say that my reading of the functions is that that is perhaps one of the ways in which the Government have set out within the Bill a way of dealing with the satisfaction point.
Beginning with Amendment 16, I first make it clear that the defence housing service—the DHS—will have a service ethos at its heart. We have set up a new customer service committee with representatives from all three forces’ families as members. The DHS will have service family representatives on its independent board.
We are already making rapid improvements. We have delivered our consumer charter commitments to improve our families’ experiences, which includes seeing over 1,250 military homes improved in the last financial year, with more to be upgraded this year. We have modernised outdated policies, giving families greater freedoms to improve their homes, streamlining processes for those who wish to run businesses from home and removing the need for permission to have a pet. We have delivered named housing officers, more photos and floorplans, and a new online repairs service. Promises made to families are now being delivered.
We are seeing results, specifically with respect to satisfaction. Satisfaction with defence homes has risen to 52%, which is the highest satisfaction rate since 2021. Satisfaction with repairs has increased steadily from a low of 23% in January 2023 up to 66% by the end of 2025. As of August 2026, there were 369 active complaints, compared with a high of 4,200 in November 2023. We can never say that satisfaction is done, but we hope that there is some recognition of the improvements being made.
On Amendment 19, the Bill already provides for a robust framework agreement in place, under which the DHS will report directly to Ministers, a point that the noble Baroness was keen to emphasise. I repeat that the DHS will remain accountable to Ministers through its strategic oversight, with increased reporting to Parliament for the performance of the housing services as set out in the Bill and oversight by a non-executive board. The DHS will continue working closely with departmental teams, and this will be covered in the framework document with the MoD in the usual way. The DHS will be operationally independent within the scope of the framework document and the legal powers set out in the Bill.
Our existing plans already achieve the effect of Amendment 20. Work is already under way to establish an independent board and enable preparatory activity ahead of full DHS mobilisation on 1 April 2027. The board will comprise the chief executive, an appointed chair and at least six other members, with representation from the departmental infrastructure functional owner and director-general infrastructure expected at meetings. Strong governance and family representation are already built into the DHS structure, and four forums aligned to the “families first” pillar of the defence housing strategy and reporting directly to the DHS board and executive committee are already established.
The Lord Bishop of Norwich
My Lords, I thank the Minister so much for allowing my intervention. I support the amendment in the names of the noble Baroness, Lady Goldie, and the noble Earl, Lord Minto, because it is about well-being and retention. From what the Minister has just said about how the new board is being set up, it does not sound to me that it will include those with lived experience, including those who have recently lived, or currently live, in forces family accommodation. Having that lived experience would aid retention, because if a family is not happy, the member of the Armed Forces will not stay in their role.
We agree with that. Our intention all the way is to ensure that the family’s voice is heard and acted on. The defence housing strategy from 2025, on which much of this is based, was developed—I have examples of this—after having consulted with and listened to forces family representatives. They have informed the very structure that this new DHS body has been set up to achieve.
I absolutely accept the point that the right reverend Prelate has put to us. We would argue that the defence housing strategy was developed with the support of services families and that the legislation before your Lordships has been developed on the basis of that strategy, which has at its very heart the needs and views of forces families. That is essential. It is important to put on the record that we want to see that continue and we believe that these structures will help to do that.
As I said, strong governance and family representation are already built into the DHS structure. Two of these forums are new to the DHS, while two are well established and will continue to operate under the DHS governance framework. These forums are the accommodation delivery forum and the families insight forum, and the newly established defence housing service customer committee and the regional customer experience committees. To go to the point that has just been made, embedding the family voice is fundamental to the DHS. Representatives from the Armed Forces Families Federation, which engages with service families daily and brings invaluable insight into their lived experience, are embedded across each of the four forums to help shape improvements and hold us to our commitments.
The new DHS customer committee places service families at the heart of decision-making, championing lived experience and ensuring that the “family first” principle drives continuous improvement in customer experience and satisfaction, further strengthened by new regional customer experience committees which provide a structured forum for families to share feedback, influence policy and service delivery and shape regional priorities.
With those remarks, I hope the noble Baroness will see fit to withdraw her amendments, but I thank her again for the opportunity to put the Government’s view on the record.
My Lords, I am grateful to the noble Baroness, Lady Smith, and to the Minister for their contributions. I set out at the start that my purpose with these three amendments was not to obstruct the defence housing service but to improve it. I have accepted the political reality that the new body is coming into being, whether I welcome that or not.
The noble Baroness, Lady Smith, raised the issue of single living accommodation, and I was just checking over the text of my amendments and looking at the section of the Bill that we are trying to amend. There was no desire to exclude single living accommodation, and indeed, if she considers that there is merit in what I am trying to achieve, I am sure that drafting can be deployed to provide for that.
Disappointingly, nothing I have heard this afternoon has shifted my view that these three amendments remain necessary. Amendment 16 simply asks that “satisfaction” be written into the defence housing service’s functions as explicitly as “supply”, “quality” and “regeneration” already are, so that success or failure can be measured against something service families would recognise.
I listened to the Minister’s response and his reference to the specific provisions contained on page 7 of the Bill, but I observe that these are actually subjective tests for the DHS to satisfy. They are not in any way reassuring, objective interventions that can be made by the service personnel being accommodated in this housing, because they have no direct control over the governance of the organisation. The right reverend Prelate the Bishop of Norwich rightly encapsulated that concern, which I think is a legitimate one.
The Minister referred to excellent groups such as the Army, Naval and RAF Families Federations and other groups that make a tremendous contribution to promoting the interests of our service personnel, but they can only ever be commentators, and to me that is not good enough for the purpose of this new body.
Amendment 19 still awaits the straightforward answer that my right honourable friend Mark Francois sought in the other place. Why does the chief executive report to the National Armaments Director? I would like him to report to the Minister, to the Lords Minister—to any Minister—or to the Armed Forces Commissioner. I just do not get the connection with the National Armaments Director, and I have not received the clarity from the Minister that I sought.
Amendment 20 remains the surest guard against the sort of bureaucratic self-interest that I am afraid so often overtakes bodies of this kind, by putting those who actually live in service housing on the board that oversees it. That is direct governance, direct control and having a voice in the actual provision.
I hope the Minister will reflect further before Report, in the collaborative spirit he has himself invited, which I welcome. He has already offered a meeting, and this is an issue we could fruitfully discuss then. However, on the basis of hoping to discuss this further, I beg leave to withdraw the amendment.
My Lords, I have tabled these stand-part notices for Clause 3 and Schedule 1 to probe why the Government have decided to pursue the creation of a new public body to deliver and manage service family accommodation. I indicated to the Chamber that I would pursue this under this group. These provisions would establish the defence housing service as a new free-standing non-departmental public body, taking over responsibility for the provision, maintenance and modernisation of service family accommodation. Nobody on my Benches disputes the scale of the problem that confronts the Ministry of Defence; what I do intend to question is whether the Government are pursuing the best solution.
The defence housing strategy, published last year, offers a familiar formula: it talks of a clearer statutory footing, better focus and an accounting officer with defined responsibility for the housing estate. None of this tells us why the defence housing service, as an arm’s-length body, will succeed where the Defence Infrastructure Organisation has so conspicuously failed. The DIO, too, was created as a discrete organisation with a clear remit, and it has become a byword for bureaucratic unresponsiveness, even, sadly, being nicknamed—not affectionately, I may add—“DI-no”.
The lesson of the failures of the DIO—and, as we must not forget, Annington Homes—is that defence housing needs a different operating model altogether, one genuinely run by people whose entire professional life is housing, and one that is accountable to the families it serves, rather than upward to the department in Whitehall. That is precisely why my party’s alternative is a forces housing association. That would be an organisation modelled on an ordinary housing association, not run for profit, with every pound of revenue reinvested in the housing stock. Its executive leadership would be drawn from the social housing sector rather than the Civil Service, and representatives of each of the three forces families federations would be given a formal seat on its board. That model would give service families something the Bill does not: an institution whose culture, incentives and governance are drawn from the industry that already knows how to run good-quality rental housing well, rather than a new public body. By contrast, a national NDPB brings with it precisely the accountability weaknesses we are all too aware of. I really would appreciate if the Minister could give the House a straight answer to a very simple question: what specific mechanism in the Bill will make service families’ complaints be taken seriously and improve the satisfaction with, and quality of, service family accommodation?
My second point concerns money. I put this to the Committee because a new structure is worthless without the funding to back it up. In their defence housing strategy, the Government promised a 10-year £9 billion programme to upgrade around 43,000 defence homes—roughly nine in 10 of the whole family estate. That was, and remains, a welcome goal. Ministers understandably wanted credit for it; indeed, the Minister for the Armed Forces in the other place repeated these figures with confidence when the Bill was scrutinised in Committee in the other place in the spring. But when the defence investment plan was finally published this summer—nine months late, let us not forget—we learned that refurbishment work on some of the worst properties, the very homes surveyed and found to require substantial work or complete rebuilding, has been pushed back to fund other priorities within that plan. Antony Cotton, the campaigner who had fronted the Government’s own publicity for this programme, said plainly that families would feel let down. He had told them, in his words, that their homes were “on the horizon”. Now, sadly, that horizon has swiftly receded.
My right honourable friend Mark Francois pressed the Minister for the Armed Forces repeatedly in Committee in the other place on exactly this point: the gap between the confident figure given by the Ministers in the spring and the reality that emerged a few months later once the defence investment plan was published. We have seen this pattern all too often with this Government, not least on the path to 3%. They make an announcement with headline-grabbing numbers and reassure us that everything is in hand, but, with depressing predictability, they end up pushing everything back because they cannot get a grip on the welfare budget. In a Written Answer to a Question by the noble Lord, Lord Docherty of Milngavie, the Minister stated that:
“The Ministry of Defence will publish its delivery timeline for the £9.2 billion Defence Housing Strategy over the next 12 months”.
Respectfully, this is simply more delay with the money. The housing strategy was published in November last year. Why have the Government not established a delivery timeline already, and why will it take yet another 12 months just to publish the delivery timeline, yet alone begin with the investment?
That matters directly, because we are being asked to approve the creation of an entirely new statutory body to deliver a programme whose funding has already been rewritten within months of being announced, before the body designed to deliver it has even been established. If the Government cannot hold to their own funding timetable under the current arrangements, no amount of institutional reorganisation will fix that. Without funds that the Government promised, this is a chimera—a verbal soufflé. I ask the Minister this again, directly: can the Government confirm today, on the record, that the £9 billion and the 43,000 homes remain their firm commitment on the original 10-year timetable? Can the Minister explain why service families should have confidence that the new body created for the Bill will succeed in fixing the standard of their housing?
I do not oppose the reform of defence housing delivery; I oppose the assumption that the creation of yet another arm’s-length body will solve anything. I did warn of my scepticism on this proposal, but I feel a lot better having shared it with the Committee.
I thank the noble Baroness—and I congratulate her on finding a different way of having a therapy session. She made some very interesting and important points, and I will deal with them as I go through the remarks that I make. I will come to the points made by the noble Baroness, Lady Smith, about single living accommodation a little bit further down.
I begin with Clause 3 and Schedule 1, which create the defence housing service, a new public body dedicated to improving the supply and quality of defence housing and spearheading the regeneration of defence communities. Our defence housing strategy sets out a vision for the future transformation of military homes: 90% of military homes will be upgraded—that work has already started—or renewed or rebuilt, through a record £9.2 billion investment over a decade. The defence housing service is the vehicle to drive this transformation. The noble Baroness, Lady Goldie, asked me to confirm again the Government’s commitment to a figure and the time for that. Let me say it again, in direct answer to her question: it will be a record £9.2 billion investment over a decade.
The defence housing strategy recommended establishing the DHS as a professional arm’s-length body focused on the specific needs of service personnel and their families. The direct partnership with the military to support this can be achieved only within a public body. That was the recommendation of the housing strategy. I say to noble Lords that many of the people who drew the strategy up have had years and years of experience in housing. Without reading them all out, noble Lords can see for themselves if they look at the review work and the team that put this together. The Government supported the recommendations that they made.
Given the control required by the Ministry of Defence to meet operational needs, the purpose of the housing, the close relationship with welfare outcomes, and the exercise of housing discretion, transfer outside the public sector to a housing association or other private sector structure is not appropriate in the Government’s view or, indeed, the view of the strategy. It would, in our view, set back the renewal of the estate, increase costs of delivery, hamper the operational effectiveness of the Armed Forces and undermine Crown tenancy arrangements.
The purpose of defence housing is to meet the operational needs of the Armed Forces. Central to that is the ability to move service personnel wherever needed and without delay. To support that mobility, accommodation is provided as part of their terms and conditions, at a rate heavily subsidised by the Ministry of Defence through a Crown licence arrangement which manages occupation in accordance with military operational requirements. This requires the Ministry of Defence as a whole to have operational control over its housing stock and who is in occupation of particular homes. That would be hampered by a transfer of the estate to a third-party organisation that is not part of the Ministry of Defence family.
My Lords, I am grateful to the Minister for explaining the difference in the single living accommodation and service family accommodation. In my opening remarks, I acknowledged that, clearly, there are not direct comparators, because the approach to single living is somewhat different. I would be grateful if the Minister would be willing to have a meeting to discuss this and explore a little more about single living accommodation and, in particular, the extent of the independent review and what that is covering. Pending that, I may—
I have committed to that. I said at the outset that I will meet and discuss with noble Lords—indeed, including the noble Baroness—the issues that have arisen. This is Committee. It is about clarifying the Government’s thoughts, with the Government thinking that, perhaps, this is not quite as clear as it needs to be, and listening to the ideas that other Members are having. So of course we can discuss how we take forward the single living accommodation.
The point I am making, and have made, is that what we have before us is dealing with family living accommodation. Single living accommodation is being dealt with, but there is another vehicle being used to deliver that.
(1 week, 5 days ago)
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My Lords, the noble Baroness, Lady Brinton, has offered us a very thoughtful exposition of why further action is required to strengthen the service justice system, and the noble Baroness, Lady Royall, made an important contribution in support of that. I wholeheartedly concur with the rationale behind the amendments from the noble Baroness, Lady Brinton.
Last year, I brought this issue to the attention of the House during our debates on the then Armed Forces Commissioner Bill, as I am sure noble Lords will recall. During the progress of that Bill, I was particularly keen to give the new commissioner the power to investigate whistleblowing concerns, particularly relating to sexual misconduct. Although my specific proposal did not materialise, we did get a government commitment to a whistleblowing and defence review, for which I am very grateful to both the department and the Minister personally. That really important piece of work has now been concluded—I must thank the Minister for sharing it with me prior to the finalisation of the draft report, which greatly encouraged me. I certainly look forward to its publication in due course. The Minister might be able to share with the Chamber whether we have a date for publication of that report. I say at the outset that the noble Baroness and I are on the same page in ensuring that cases such as that of Jaysley Beck never happen again.
The Armed Forces Continuous Attitude Survey found that 13% of women in our forces had been subject to sexual harassment in the previous 12 months alone. That is profoundly disappointing and deeply discouraging and worrying. The MoD’s own sexualised behaviours survey published only recently found that a third of servicewomen reported unwanted physical touching and one in 10 reported sexual assault. That is not the environment in which we want our servicewomen to be serving. Against that backdrop, I understand entirely why the noble Baroness has brought forward this framework, and I have considerable sympathy with what she is trying to achieve. A service stalking protection notice, mirroring the existing domestic abuse framework, has a certain logic to it, and the training and continuity amendments address real and identifiable gaps.
That said, I pose the question of whether a new tier of civil order is in itself the most effective mechanism available to us. My concern is that protection notices and protection orders, however carefully drafted, are only as good as the mechanisms available to monitor and enforce. There is a risk that we spend time creating new civil orders while the more fundamental question of whether service police have the resources, the trained investigators and the forensic support to catch these individuals, secure convictions and, where appropriate, see them imprisoned goes unanswered. Let me make clear to the noble Baroness, Lady Brinton, that I do not say this to dismiss the amendment; she raises a very important issue. I say it because the Minister owes the House a clear account of where the Government’s priorities lie. In conclusion, can the Minister outline what the Government are doing against that backdrop of evidence from surveys to better protect women in the Armed Forces from stalking and similar abuse? I look forward to his substantive response to very important amendments.
First, I thank the noble Baroness, Lady Brinton, for bringing forward these crucial and really important amendments, and my noble friend Lady Royall for what she said in support of them.
On the point about the whistleblower review raised by the noble Baroness, Lady Goldie—I know the noble Baroness, Lady Smith, and her noble friend Lady Kramer have also been involved in looking at that—we hope to publish it, and the expectation is that we will do that in the next two weeks. I hope that is of some reassurance. The idea is to have that published with a Written Ministerial Statement. As soon as I have absolute certainty about that, I will let both noble Baronesses know. In answer to what specifically the Government are doing to try to tackle some of the culture with respect to women and girls and protection in those circumstances, the whistleblower review is one part of that. The contributions that both noble Baronesses made have substantially improved what the Government were proposing, so I am grateful for that.
I will just make a couple of general remarks before coming to the specifics of the amendments tabled by the noble Baroness. The Government are clear that stalking is a serious and often escalating crime that can have a devastating impact on victims and their families, and we are committed to ensuring that victims are protected, perpetrators are held to account and agencies have the powers that they need to intervene at the earliest opportunity. As has been said, stalking behaviour can cause significant physical and psychological harm and must never be dismissed as trivial or harmless. The Government’s approach is therefore focused on prevention, protection and prosecution, supported by robust safeguarding arrangements and effective multi-agency working.
Stalking protection orders provide an important tool to protect victims before harm escalates, enabling restrictions and positive requirements to be imposed where necessary to manage risk and prevent further offending. The reason I said in my letter to the noble Baroness that Amendment 21 was not necessary is not that interim stalking orders are not important. I draw the attention of the Committee to new Section 236Q, where there are interim service stalking protection orders on the face of the Bill. Without being pedantic, I know they are not interim stalking protection notices, and I suspect that may be the point that she wants to raise, but the Government recognise the need for interim measures to have the protection that is needed while a full application is still pending. I am informed by people who understand these processes better than I do that being an order rather than a notice means that there are more significant protection measures available to deal with any possible breach of an interim order. I just raise that point with the noble Baroness, and no doubt we can discuss that either further in Committee or another time.
My Lords, I am very grateful to the Minister and the other speakers, in particular the noble Baroness, Lady Royall, with whom I have worked for many years on this; I am very grateful for her support. I am also grateful that the noble Baroness, Lady Goldie, has shown some interest in this. I think the point raised about whistleblowing and making sure it is part of this package as well becomes vital. As we discussed yesterday on the Public Office (Accountability) Bill, it is absolutely key to changing the culture, which is what one wants in this sort of situation. I am also very grateful to the Minister for the detail he has gone into.
I should have made it clearer that the service stalking protection notices that my amendment seeks to create are different from the interim stalking orders, not least because they would be a tool that can be used by a police officer without having to go to a court. It is like the first step on the ladder. Going to court takes time and you have to assemble a case for it to be heard, whether by a magistrate or in another court. Therefore, it is a much more serious document, with more serious implications.
The point about these notices is that they are a tool to make the stalker aware very quickly that there are now certain rules they must follow and that things will escalate quickly if they disobey them. I am looking at the noble Baroness, Lady Royall, because I cannot remember what year they were added, but they were added because there was this lacuna between identifying a stalker and being able to get some protection for the victim.
On the other points, the Minister very kindly offered in his letter to meet me and anyone else interested, including the charities I have been working with. I think the best thing to do would be to have them with us at that meeting, because they have some very specific concerns about detail that I could not possibly go into in the Chamber at this particular time of night.
I thank the Minister. I am very grateful to him for that. On that basis, depending on the meeting, I may bring an amendment back on Report, but for now I withdraw Amendment 21.
My Lords, in a similar vein to the previous group, I think I am pretty well on a similar page to the noble Baroness, Lady Brinton, particularly on Amendment 25, which seeks to ensure that the service victims’ code cannot be restricted to exclude victims of sexual offences or domestic abuse.
The amendment seems to me to close what looks like an unintentional gap. A servicewoman whose case is prosecuted in the civilian courts should not receive a lesser standard of service-provided support than one whose case proceeds through the service justice system. That seems to me a matter of basic fairness. I hope that the Minister will consider the merits of this amendment or at least explain clearly why, and in what circumstances, the Government believe that such an exclusion could ever be justified.
Amendment 24, I suggest, requires greater caution. I infer from the remarks of the noble Baroness, Lady Smith, that she recognises that this has to be approached with care. The amendment would remove a commanding officer’s power to hear summarily any charge of assault or actual bodily harm where the conduct amounts to domestic abuse, requiring referral instead to the service police or the Director of Service Prosecutions.
I do not dismiss the intention behind the amendment. There is a real and understandable concern that summary hearings may not be the right forum for allegations of this seriousness and that commanding officers, however well-intentioned, may not always be best placed to handle matters with the particular dynamics that domestic abuse involves. The reason why we must proceed with great care here is that the amendment touches upon the authority of the chain of command—something that is and must remain absolutely central to service discipline.
It is that authority which underpins the cohesion and ultimately the ability of our Armed Forces to fight and prevail when called upon. Any change that narrows a commanding officer’s jurisdiction, even for good reason, has consequences that ripple outwards into how units are led and how discipline is maintained. Those consequences deserve to be understood before any legislation is enacted.
I am not saying I oppose this outright. It may well be that this is precisely the direction that service personnel themselves want to see. I would not be surprised if many, particularly among victims, support exactly this change. But we do not yet know that with confidence and I am uncomfortable about pursuing so significant a shift in the chain of command’s jurisdiction on the basis of good intentions alone. What is needed is careful, structured consideration by the Ministry of Defence, drawing on the views of senior officers who carry responsibility for discipline across the force and, just as importantly, of the commanding officers at unit level who would actually exercise or lose this power. I ask the Minister to commit to precisely that engagement and to report back to this House on its findings before a change of this magnitude is made.
My Lords, again, I thank the noble Baroness, Lady Brinton, for bringing forward these amendments, which are of significance to us all as we seek to improve the current situation. I also thank my noble friend Lord Stansgate for his contribution, and the noble Baronesses, Lady Smith and Lady Goldie. I will address some of the points they made in my remarks.
On Amendment 24, as set out by the Government in the other place, we are already committed to reviewing Schedule 1 criminal conduct offences for summary hearings and Schedule 2 serious service offences in the Armed Forces Act 2006 as part of implementing this Bill following Royal Assent. However—and I hope this speaks to the point made by the noble Baroness, Lady Goldie—for offences related to domestic abuse such as assault or assault occasioning actual bodily harm, the necessary changes will be made by secondary legislation following the review. That would obviously involve consultation with a wide range of people. Schedule 1 offences are summary offences and therefore the commanding officer has a role. Obviously, Schedule 2 offences are more serious. We are looking at what we do with respect to that and what changes may or may not be made.
The proposed changes would be consistent with current defence policy, which is that such cases should always be referred to the relevant police authority so that they can consider investigating them. Where offences are removed from Schedule 1 and added to the more serious Schedule 2, the practical effect would be that they are investigated by the Defence Serious Crime Command and, if a charge is directed, tried at the court martial rather than at a summary hearing. As I say, that will be subject to a review. The noble Baroness, Lady Goldie, raised quite considerable concern that if we did move forward, we needed to move forward constructively, carefully and with wide consultation. That review will take place to do that, but it is part of the implementation of the Bill and therefore the amendment is not acceptable to us. We do not want it in the Bill because that would prejudge any review which is to take place.
On Amendment 25, protecting victims is a clear priority. There is no question that we would ever restrict the application of the code for victims in the CJS in respect of victims of sexual offences or domestic abuse. The code for victims in the CJS is aligned with Section 2 of the Victims and Prisoners Act 2024, which sets out the statutory rights of victims in England and Wales. The code for victims in the CJS and the code for victims in England and Wales will contain the same principles and the same 12 rights. This ensures that victims of service offences and civilian victims receive equivalent standards, protections and entitlements, which goes to the heart of what the noble Baroness was asking for.
If a serving person is engaged with the civilian justice system, they will still be entitled to the single service welfare support mechanisms, which are designed and tailored to support individual needs. A range of comprehensive support from both welfare professionals and the chain of command can be employed to support personnel, tailored to those individual circumstances, and can be provided by unit welfare officers, medical staff and pastoral support. Where needs are complex or relate to serious, enduring and/or multi-agency cases, a referral to specialist welfare support may be required. This is delivered by specialist trained staff, and each of the single services offers that option in addition to first-line welfare support. Although we are not where we should be, there has been some improvement.
I thank the noble Baroness for Amendment 26, relating to production orders, and for highlighting this important issue. This new clause is not required as any change to the procedures around production orders could be enacted through the relevant secondary legislation—if a change is needed, we can do that through secondary legislation—so long as a review of the current procedures has been completed so that we know what we are doing if we seek to make any change.
On a point that the noble Baroness was asking about, we will consider further whether our procedures around production orders, specifically with regard to giving notice to the individual to whom the information relates and the provision that representations can be made, should fully reflect the relevant procedures in the civilian courts and whether it is appropriate and necessary that they do so. I reassure the noble Baroness that, while the requirement for further review around production orders is considered, victims of crime are informed about information requests from third parties. That is an important addition.
When a victim information request is submitted to a third party, service police must, under Section 44B of the Police, Crime, Sentencing and Courts Act 2022, give notice to the person whose information is being sought. However, that requirement does not apply in certain circumstances; for example, where it is not reasonably practical in the circumstances or, importantly, where doing so might risk causing serious harm to the victim or another person. Again, that is an important qualification. The code of practice relating to these requests also states that when the victim is informed, their views should be sought and they are able to make representations—again, unless specific exemptions apply.
I hope that with those explanations and reassurances, particularly with respect to one or two of the reviews, the noble Baroness may find it appropriate to withdraw her amendment.
I am very grateful to all the speakers. To address the question asked by the noble Viscount, Lord Stansgate, I think he is looking at that clause the wrong way round. He asked about the definition of actual bodily harm, where the alleged conduct “amounts to” or “is alleged to amount to”. I think one is an incident that has been witnessed by someone who is not the victim, and the other may be where it has not and therefore it is a “he said/she said” situation. That is my understanding of why the wording is as it is. I hope that explanation helps him.
I am grateful for the support of my noble friend Lady Smith. The noble Baroness, Lady Goldie, made an important point about the chain of command, and I do not underestimate that at all.
That takes me to my response to the Minister. I am glad that there is a review, and I am sure there are many other issues as well as the ones that I have raised. However, the message that I have been picking up from the organisations and individuals I have been talking to is that in 2026 it may not be completely appropriate in some of these justice issues for the old-style chain of command to remain with the commander. If the review is going to be looking at that, I will be content not to do anything at the next stage, and ditto with the secondary legislation. If I am unhappy with the secondary legislation, I may return to the next Armed Forces Bill after this one. I beg leave to withdraw the amendment.
My Lords, I wish to make it clear that I tabled the Clause 16 stand part notice not because I oppose the changes the Government are making but because I seek some clarifications on the intended effects and operation of the changes being made. I am particularly grateful to the right reverend Prelate the Bishop of Norwich for his engagement with my noble friend Lord Minto on this matter. He offered an insightful explanation of the effects of Clause 16 and the intention behind his amendments, which I will comment on in due course. I also recognise the pressure that has built since the Etherton review for greater independence in the handling of service justice matters, but Clause 16 makes a significant change to how pre-charge detention operates.
As I understand it, Clause 16 amends Sections 98 and 99 of the 2006 Act so that the authorisation and review of custody without charge—currently a function of the commanding officer—is transferred to a newly defined “appropriate authority”. The commanding officer will no longer be the person to whom an arrest and its grounds must be reported, nor the person who orders release once the grounds for detention fall away. In cases involving serious offences, the Bill goes further, requiring matters to be reported beyond the commanding officer altogether. I press the Minister on what this means in practice.
Custody decisions sit close to the heart of a commanding officer’s responsibility for the people under his or her command. A commanding officer who no longer authorises, or is even routinely informed of, the custody of a member of the unit loses a degree of visibility over discipline and welfare that has traditionally gone hand in hand with command. I am not arguing that visibility must always trump independence. There may be good reasons, particularly in sensitive cases, for distancing these decisions from the chain of command. But what happens in operations, for example, where a commanding officer’s swift decision-making may be necessary? What assessment has been made of the effect on unit cohesion and discipline where a commanding officer is no longer the first port of call?
Service justice depends on decisions being made promptly by somebody with the standing and the proximity to make them properly. If the appropriate authority is going to be some distance removed from the unit, either in rank or in geography, the Government need to explain how that gap will be bridged without compromising either the rights of the individual in custody or the operational chain of command’s ability to function. I hope the Minister can set out clearly what triggered these changes and why they are necessary. Very importantly, what alternatives were considered? Equally importantly, what consultation took place with commanding officers themselves before this approach was settled upon?
Having said that, I understand that there are instances where commanding officers have been too close to the matters in hand and have therefore not appropriately dealt with the accusations. The right reverend Prelate has argued that the provost marshal should have the ability to be an appropriate authority in all service offences, not only in cases where a serious offence has been committed. I have considerable sympathy with that view. If we are to make the change the Government propose—although I have some reservations, I do not oppose it outright—it is certainly sensible to extend the involvement of the provost marshal. I shall await with interest the Minister’s comments on the arguments advanced by the right reverend Prelate, and on the potentially enhanced role of the provost marshal.
My Lords, I thank the right reverend Prelate the Bishop of Norwich for tabling his important amendments and for the debate and discussion that will take place in Committee as a consequence. I also thank him for his time over the weekend. We had a very interesting conversation about these and some further amendments he has tabled in later groups. I also thank the noble Baroness, Lady Goldie, and others who have contributed.
Rather than addressing the specific amendments, and I apologise that I may have to speak for a few minutes to put some important points on the record, I will start by speaking to Clause 16. Under the current legal framework of the Armed Forces Act, only the commanding officer of a suspect can authorise their pre-charge custody after arrest. In routine cases, that remains appropriate—which goes back to the points that the noble Baroness made about the role of commanding officers—but in serious and fast-moving investigations, the need to obtain that authorisation can create avoidable delay, risk the loss or contamination of evidence, and increase the risk of further harm to victims, witnesses or the suspect.
My Lords, my noble friend Lord Thomas of Gresford is, unfortunately, unable to be in his place tonight, so I am speaking on his Amendment 36.
In October 2006, my noble friend Lord Thomas of Gresford moved an amendment to the Armed Forces Bill, with the support of Air Marshal Lord Garden to confine sentencing in court martials to the presiding judge advocate alone, following consultation with the members of the panel. He said: “The area of sentencing for criminal offences is difficult and complex. Sentencing is an exercise for which the members of the panel have no training whatever. They do not attend sentencing conferences or have the training on sentencing that the most junior assistant recorder in this country receives, let alone any further or higher training for dealing with serious offences”.
The 2006 Act was a major reform of the system but did not include this particular amendment. It did, however, abolish the pre-existing review system whereby the Judge Advocate-General reviewed the conviction and sentence before they became final, a process which historically had operated as a check on the sentence passed. The 2006 Act introduced a service supervision and punishment order under Section 173, which imposes a quite concrete restriction on a serving soldier’s movements.
A service community order employs the community order requirements contained in the civilian sentencing legislation, adapted for service courts. The court martial can impose one or more requirements on the convicted serviceman as part of such an order. However, the SCO is principally a sentence for someone who is being dismissed from the service, and it follows him into civilian life. The recent Sentencing Act 2026 brought in the possibility of new restrictions to the SCO, the most important of which is the imposition of a restriction zone to prevent an offender from entering a particular area with, for example, the intention of assaulting or harassing a victim. Other restrictions may prevent him drinking in certain pubs or attending public events or even impose restrictions on driving.
There is, therefore, a whole army of sentencing disposals for those who are convicted. Professional judges are trained to weigh the advantages and disadvantages of imposing particular restrictions on the individual who stands before them. This requires experience and judgment. The court martial panel consists of a president and members of warrant officer rank and above who are drafted in for a particular case. The president is usually an officer for whom the position is a final posting, but the members may never have been in any sort of court before. Compare that with a magistrates’ court. The sentencing powers of a magistrates’ court are still restricted to 12 months’ imprisonment on a single charge, even though the magistrates will individually have undergone considerable periods of training. The court martial panel, without any training, is unrestricted.
Further, there is no longer a review by a professional judge of the sentence they choose to pass. Certainly, the judge advocate at the hearing can advise the panel and has a casting vote in the event of equality of voting by the members, but he can be outvoted altogether and his advice ignored.
In 2014, my noble friend Lord Thomas of Gresford gave evidence before a departmental review in Washington as part of an inquiry which led to widespread reforms of the military justice system in the United States, the equivalent of our 2006 Act. These reforms were intended to transform military justice from a disciplinary system operating under the chain of command to something increasingly resembling an independent criminal court operating within US Armed Forces. In its report, the 2015 Military Justice Review Group also pointed out, as my noble friend had urged, that military judges had greater experience and expertise in sentencing than randomly selected panel members. It was concerned about sentencing disparity. The existing system gave the panel very broad discretion and relatively little guidance. From a constitutional point of view, it was concerned that there was the perception of command influence over sentencing and military command culture could influence punishment. It is perhaps possible to detect such a culture in the public utterances of a certain Mr Hegseth.
In its Military Justice Act 2016, Congress compromised on the issue. Judge-alone sentencing became the norm, but as a concession to tradition, a convicted person was entitled to opt for sentencing just by the panel alone. During the four years that followed that Act, it was observed that defendants chose judge-alone sentencing in 96% of the cases. As a result, the Independent Review Commission on Sexual Assault in the Military, established in 2021 in the aftermath of intense congressional debate over sexual assault in the armed forces, was concerned in sexual offences cases that a service court martial panel would almost inevitably be male dominated, as in the case of Captain Jacob Wulfson from Lakenheath, that the noble Lord and I both referred to at Second Reading.
The commission recommended judge-alone sentencing in all non-capital general and special courts martial, subject to the establishment of sentencing parameters and mandatory restitution, akin to our own Sentencing Council. We have always led the USA in the reform of military justice, and it galls me that in this instance, it has taken the right and proper lead that sentencing is a matter for professionals and not for one-day amateurs.
My Lords, I thank everyone who has spoken in the debate and for the thoughtful comments they have made. To deal with the point made by the noble Baroness, Lady Goldie, the information I have is that there is no shortage of court martial board members. I can give the figures that the ministry has provided to me: in 2025, 447 service personnel were sworn in for 283 trials, and there has been no difficulty in constituting boards. The court martial already draws from a sufficiently wide pool of eligible personnel, so, as such, the amendment is not required. If she has more detail that she would like to share, obviously that would be useful, but that is the information that I have been provided with.
It is vital that board members are up-to-date and possess the necessary practical experience of the latest single service policies, procedures, standards and values. For that reason, individuals who have left service even recently may no longer be as acquainted with changes across the services since their departure. The Government acknowledge the valuable, meaningful contribution that veterans continue to make across our society. However, we do not consider it necessary or appropriate to seek to draw on their past experience and knowledge for service on a court martial board, particularly when there is no shortage of board members.
Amendment 36, tabled by the noble Lord, Lord Thomas of Gresford, ably spoken to by the noble Baroness, Lady Brinton, seeks to remove military lay board members from the court martial sentencing process, so that sentence would be decided by the Judge Advocate alone. One argument often used is that this would mirror the Crown Court in England and Wales. However, I do not agree that the Crown Court model should simply be replicated in all cases within the UK service justice system. The current position is the same as that during the passage of the previous Armed Forces Bill in 2021, that the Judge Advocate and the service members of the board discuss and decide the sentence together. That is not an anomaly or a weakness; it is one of the strengths of the court martial to have service members and the Judge Advocate deciding on sentences together.
In answer to one of the specific points made by the noble Baroness, Lady Brinton, that does not mean that the UK court martial has remained unchanged since the 2021 Act was implemented. In 2022, a new court martial rule was introduced that ensured that each court martial board includes at least one servicewoman. This is not sufficient, but it is a step forward. That is the only point I would make—which I am not sure my noble friends to the left of me totally agreed with—but all I am saying is that while it is not sufficient, it is a step forward.
In 2025, 28% of the service personnel who were sworn in as board members for court martial proceedings were women. Again, that is not what it should be, but it is a significant improvement. Since December 2024, court martial boards have been almost exclusively tri-service.
The judge advocate is of course the expert on sentencing. It is true that any sentence passed by the court martial must be determined by a majority vote, meaning that the judge advocate’s voice could, theoretically, be outweighed. However, the judge advocate will give the board the legal framework, identify the relevant sentencing guidelines and set the proper parameters within which the sentence must be considered. Failure to have regard to those guidelines and parameters opens the way to an appeal in the Court Martial Appeal Court.
The board members do not replace the judicial role. Their role is different and complementary. They bring current service experience to the assessment of what sentence is appropriate within the lawful framework. Service personnel are subject to rules, standards and operational expectations that go beyond ordinary civilian employment. Conduct that might appear straightforward in a civilian setting can have a markedly different impact in the military context, particularly where it affects discipline, cohesion, readiness, safety or operational effectiveness.
Board members bring up-to-date knowledge and real-time experience of single service policies, procedures, values and standards. The amendment would reduce the board’s role from one of equal participation to one of consultation only. There is a real difference between being consulted and being part of the decision. Consultation would mean that the judge advocate could hear the service perspective but reject it. The current system ensures that the service perspective is taken into account in the sentencing decision, while remaining subject to the judge advocate’s firm legal direction.
Nor is there any legal issue that this amendment needs to address. Sentencing in the court martial is already subject to stringent legal controls. The court martial must have regard to the relevant sentencing guidelines, which for criminal offences incorporate the same guidelines used in the Crown Court and the magistrates’ courts. The Judge Advocate-General also issues detailed sentencing guidance for the service courts. Aggravation and mitigation are fully addressed in open court by the prosecution and defence, and pre-sentence reports from experienced probation officers are available where required. Sentences are reasoned in open court and may be reviewed subsequently by the Court Martial Appeal Court.
It is also important to remember that, while military experience informs sentencing, it does not displace the legal principles governing it. Any mitigation advanced on behalf of an offender—whether arising from previous operational service, commendations, awards or personal circumstances—must be assessed within the sentencing framework directed by the judge advocate and in accordance with applicable sentencing guidelines. To be clear, board members are not free to substitute personal views of military merit for the lawful sentencing exercise, and any sentence that failed properly to reflect the relevant legal principles would be liable to appeal.
As court martial sentencing includes service-specific sentences such as dismissal, reduction in rank and service detention, military board members are particularly well placed to assess the practical effect of those sanctions on both the individual to be sentenced and the wider service community. Board members are lay decision-makers directed to exercise their own independent judgment: importantly, they are not representatives of the chain of command. Their current military experience assists the court; it does not compromise the court’s independence.
The Government argue that the amendment would therefore reduce the service character of the court martial without adding any significant additional safeguard. We believe that the current balance is the right one: the judge advocate provides the legal expertise and safeguards; the lay board members provide current military experience and independent judgment. Together, they produce a sentence that is lawful, reasoned and properly informed by the service context. For these reasons, I ask the noble Baronesses not to press the amendments.
My Lords, I am very grateful to the Minister for his response to my amendment. My concern focused on the specific issue of where a senior officer faces a court martial. The pool of eligible serving officers able to sit without any prior connection to the defendant is small. My question was not one of overall capacity, which was, I suggest, the issue that the Minister chose to address.
I do not want to make a meal of this—can the Minister go back to his officials and seek an assurance that they are not aware of any specific case of it proving difficult to man a court martial where a senior officer is charged with an offence and it is important and necessary to secure a pool of comparably qualified officers?
In that case, I am grateful to the Minister and I therefore beg leave to withdraw the amendment.
My Lords, I am grateful to the noble Baroness, Lady Goldie, for introducing her amendment and clarifying why she believes it is necessary. What I would be grateful to hear from the Minister is an explanation or clarification about whether a breach of a suspended sentence order would not then trigger the sentence. It is one thing having a presumption of a suspended sentence order in the first instance, but if there are then cases of people breaching those orders, the noble Baroness, Lady Goldie, is right that that seems to be decriminalisation. Surely that is not the intention of the legislation as it stands. If it is, can the Minister tell us whether he feels that is undermining service justice?
It was all going so well. I do not think there is a unanimity of view on this one. I start, however, by thanking the noble Baroness, Lady Goldie, for moving the amendment. I think we will probably end up debating this issue again; we may all be a little bit more excitable in the way that we deal with it.
In answer to the point from the noble Baroness, Lady Smith, of course a breach of an order means someone can be recalled. That is like any court order; if it is breached, the court has the power, capability and capacity to bring people back and deal with it appropriately then.
Amendment 37 would remove the presumption of suspended sentence orders from the service justice system. In doing so, it would reverse a reform that was introduced to align the service justice system’s sentencing practices with wider government sentencing policy while preserving the unique requirements of service discipline. The presumption forms part of the Government’s response to former Lord Chancellor David Gauke’s Independent Sentencing Review 2025, which recommended reducing the use of short custodial sentences and increasing the availability of suspended sentence orders. The policy was based on evidence that short custodial sentences are often less effective at reducing reoffending than community-based interventions. It therefore sought to encourage rehabilitative disposals that better support longer-term public protection.
The reform—this is the crucial point—does not remove the ability of service courts to impose immediate custody. Courts retain the discretion to do so where there are exceptional circumstances or where immediate custody is necessary to maintain service discipline. I think that is the fundamental point: in the end, the court makes the judgment as to whether it should apply immediate custody or allow a suspended sentence. Suspended sentence orders remain an effective sanction, carrying punitive and rehabilitative requirements and the prospect that the custodial sentence will be activated, which is the point I have just made to the noble Baroness, Lady Smith, if the offender fails to comply.
It is the Government’s long-standing policy that the service justice system should emulate the civilian criminal justice system unless there are compelling service-specific reasons to deviate from it. The Government are not persuaded, and neither am I personally, that such a case has been made here. Furthermore, removing the presumption in the service justice system alone could lead to different sentencing outcomes for similar offenders across the civilian and service jurisdictions. It could also complicate decisions about the appropriate jurisdiction where there is no service interest justifying divergence.
For these reasons, the Government consider that the current approach strikes the right balance between rehabilitation, judicial discretion, service discipline and consistency across the justice system. I therefore invite the noble Baroness, Lady Goldie, to withdraw this amendment, although my suspicion is that we may return to this particular debate and discussion. As I say, we might do it at a more excitable time when we can all explore what is a fundamental point within our society that needs to be aired.
My Lords, I am grateful to the noble Baroness, Lady Smith, and indeed to the Minister for his response. We are not going to conclude with consensus between us, but we shall bear our disagreement with a smile upon each other.
The Minister argued that the alignment with the civilian system is what justifies this change, but service justice depends on proportionate case-by-case judgment and the maintenance of discipline. I have heard nothing today to persuade me that a presumption of suspended sentence orders is desirable, sensible or right. Therefore, I beg leave to withdraw the amendment, but the Minister is correct in his prediction: I reserve the right to return to this on Report.
(6 days, 2 hours ago)
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My Lords, government Amendments 38 and 39 in my name are needed to make improvements to the Bill.
Amendment 38 makes a simple but important modernising change. It will allow formal call-out and recall notices for reservists to be sent electronically, in addition to the existing postal route, ensuring that our legislation reflects the way people communicate today. The existing postal system will remain available where needed.
When time matters most, electronic communication can provide faster delivery, greater assurance that notices have been received, and a more responsive process for communicating with reservists.
This is not simply an administrative improvement. The strategic defence review emphasised the importance of national resilience, preparedness and the role of our strategic reserves. If we are to strengthen readiness across defence, we must also ensure that the systems underpinning mobilisation are agile and fit for purpose.
In a crisis or national emergency, speed of communication can be critical. This amendment helps ensure that we can reach reservists more effectively, supporting a force that is ready to respond when the nation requires it.
It is a practical and proportionate measure that forms part of our wider effort to update our reserves legislation. It retains existing safeguards, modernises an outdated process and demonstrates the Government’s commitment to building a more resilient, prepared and responsive Reserve Force for the future.
Finally, Amendment 39 is needed to make a drafting correction. I beg to move.
My Lords, briefly, this is a very sensible amendment and I support it. In the world in which we now live, and with the way in which we communicate with one another, are there people in our Armed Forces already thinking ahead to different, more urgent ways of being in contact; for example, via WhatsApp? Email may not be the only way we can use modern technology to achieve the ends set out in Amendment 38.
My Lords, I do not have too much to say on this group of two government amendments, so I will keep it brief.
I understand entirely why the Government wish to allow call-out notices to be sent by email. The Minister has given us an excellent explanation of their rationale, and we on these Benches concur. There are, however, two points which I would be grateful if the Minister could clarify. The drafting of the amendment says:
“A notice under this section may also be served”.
This could be taken to mean “instead of” or “as well as”. My point is that it must mean “as well as”. I would not be comfortable with call-out notices being sent out only by email. What if the email ends up in a junk or spam folder, the recipient misses the email, or perhaps they do not even check their email—there are probably some here who do not do that? If the call-out notice is sent only by email, there exists a relatively high possibility that it might be missed. This could of course have some quite serious ramifications. I hope the Minister can confirm that call-out notices will continue to be sent by post as well as by email. If that is the case, I have no issue.
The second point relates to the first. New subsection (6A) specifies which email will be used to send a call-out notice, that being
“the last known email address used by that person as a means of communicating with them, or … an email address by means of which there are reasonable grounds to believe that an email sent to that address will come to the attention of the person”.
What precisely does “used” mean in this context? Does it mean an address which the individual has provided to the MoD? Does it mean an address to which the MoD has previously sent communications? Does the department need evidence that the person has received or responded to communications at that address, and who makes a judgment that an email address is the last known one? Further, what are those reasonable grounds? Does this imply trying to send the email to a friend or relative, and if so, how will the third party be chosen? If this policy is to have the desired effect, information collection and recordkeeping must be paramount.
I understand that the Reserve Forces (Provision of Information by Persons Liable to be Recalled) Regulations 1997 expressly state that there is a legal obligation for those who are subject to recall to keep the MoD up to date with their residential or postal address. This seems essential. Those regulations do not currently require those liable to recall to keep the MoD updated about any changes to their email address. Obviously, that is because the legislation does not yet enable email addresses to be used for callout. Can the Minister confirm that, with this change to the process, the Government will update the 1997 regulations and any other relevant policies?
My Lords, I thank the noble Earl, Lord Minto, the noble Baroness, Lady Smith, and the noble Viscount, Lord Stansgate, for their questions about this simple change. Of course, as with everything as we go through this Bill, I will look into all the various points that have been made.
My understanding with respect to email is that the amendment provides legal certainty by establishing that notices are deemed to have been delivered, mirroring—which is the wording—the existing approach used for the postal service. Many of the questions which the noble Earl has quite rightly asked about email and what happens in these circumstances are exactly the same sort of questions that can be asked about the postal service. There are established procedures and practices in place to deal with that. It is an important point. It mirrors the existing approach used for the postal service; it simply gives an alternative and modern way of doing it.
I say to the noble Viscount, Lord Stansgate, that it is the sort of legal certainty that we are looking for, again mirroring the postal service, which would not be available with some of the other methods and channels of communication that might be used.
To go back to what the noble Earl, Lord Minto, said, we need to communicate through a reliable and auditable channel so that we can follow it through and make sure that it has been delivered to whom it is intended for. Again, with respect to letters sent through the postal service, are we certain that this is the address for the person who we think lives there? Are we certain that they have got it? There is a trail by which we can follow that through. That is exactly the same process as will be followed with email. It provides us with the opportunity to modernise the current process and improve the speed and effectiveness of delivery. It provides us with a measured and proportionate approach. It introduces a well-established form of electronic communication while retaining the existing postal option where necessary—I make that point to the noble Earl.
As technology and communication methods continue to evolve, future Armed Forces Bills will provide opportunities to consider whether further changes are appropriate. For now, as far as the Government are concerned, email strikes the right balance between modernisation, legal clarity and ensuring that reservists can be reached quickly in support of defence readiness, mobilisation and national resilience. I again thank noble Lords for their contributions.
Can I just confirm that we are talking about something in addition to, rather than instead of?
My Lords, I thought I was going to rise from these Benches and be able to say, “I agree with all the noble and noble and gallant Lords who have spoken so far in this debate”, because there appeared to be uniformity across the Committee. We are used to that on defence matters. Last week, on the first day in Committee, there were discussions outside the Chamber, where some of the doorkeepers were saying, “We might have to get taxis this evening”, and I said, “Are you sure we’re not going to finish by 10 pm?” They looked at me and said, “Really? Do you think so?” But, of course, with something like military precision, we finished all our groups by 9.55 pm, and people kept saying afterwards, “Of course, it was military precision. What else did you expect?”
However, it was not military precision that meant that we dealt with business expeditiously on day one in Committee. It was that, by and large, the proposals and amendments that we were debating were areas where we were probing. Broadly, we were supportive of what His Majesty’s Government were proposing. As so often on defence matters, His Majesty’s Official Opposition, the Liberal Democrat Benches and the Cross Benches were supportive of what the Government were trying to do, but this evening we have stand part debates, on Clause 38 and Schedule 6, where the House is virtually united in suggesting that the Government really need to think again.
If I were speaking from the Back Benches, I would simply ask the Government: why? Why is Clause 38 needed? But as I am speaking from the Front Bench, I feel it appropriate to outline that, on these Benches, we very much share the concerns raised, particularly about losing the local connection. I have heard mutterings from behind me saying, “I agree with Lord de Mauley”, and concerns have certainly been raised across the Chamber. In particular, early on in the debate, the noble and gallant Lord, Lord Craig of Radley, rightly pointed out the importance of the reserves but also the local connection. There is the fact that the PAC had acknowledged that reserves and cadets are increasingly important for the defence of our realm, and that the SDR also highlighted this.
The noble Lord, Lord Lancaster, was really the only dissenting voice, and even he said he wanted to be a bridge. I think he was speaking as a non-affiliated Peer, but apparently from the Conservative Benches, so I am not quite sure. He is the only noble Lord so far who has suggested that Clause 38 may be the right way forward. But he reminded the House that the SDR talked about wanting to increase the number of reserves by 20%—when resources allow, in brackets.
Surely we should not wait until resources allow; we should work with the structures that we have, through the reserve forces and cadets associations, and think of ways to ensure that we strengthen and enhance local connection and local resilience. As a country, we have not yet engaged in the national conversation that the SDR said we needed. How better to do that than to work with local people and local Reserve Forces, and particularly the cadets? The noble Lord, Lord Lancaster, rightly pointed out that we have not said much about the cadets. Surely that is an area where we need to think about strengthening—again, strengthening the local connection—and ensuring that we have a pipeline to recruitment, as well as resilience and a sense that we are beginning the national conversation.
I will conclude with a statement from Portsmouth City Council—not my local area; unlike the noble Baroness, Lady Fraser, I have not talked about my area, partly because, as a Liverpudlian, I feel that the north-west is getting quite a lot of coverage thanks to the new Prime Minister. Portsmouth City Council, in line with its geographical position and the extent of its naval commitments, has a very strong commitment to the Armed Forces covenant and the South East Reserves Forces’ and Cadets’ Association, and it made an official contribution to the call for evidence in Committee in the other place. In particular, the council reminded us—as some noble Lords have done today—that this is not just about the individual RFCAs but about working with local employers. If we accept Clause 38, there is a real danger that we lose not just the history, which is important, but significant aspects of current practice that work well and that could and should be enhanced.
My Lords, it is a great privilege and pleasure to make the case for Clause 38 in your Lordships’ Committee.
I want to clarify something for the noble Earl, Lord Minto: the service of notice for callout will be by both post and email. I meant that by my previous remark, but I realise I did not make it clear, for which I apologise to the noble Earl and the Committee—I thought I had said it, but clearly I did not; I found out through a variety of means that I had not done so.
I will start by saying something else. Lots of people have made a lot of important points. As everybody in this Committee knows, I will consider them and how we take them forward. I cannot walk on water on these things and persuade everybody that I can do everything, but I hope your Lordships know that I will try to do as much as I can to take account of the various important points that have been made. I say to the noble Lord, Lord Faulks, that it is not a legal requirement; it is the recommendation of various reports that the Government seek to implement.
As your Lordships know, I like to make some informal remarks before I make formal remarks. Before I make the formal remarks, let me say for the sake of clarity that nobody in this Committee doubts the importance of the reserves, the cadets and the organisation, and the work of the lord-lieutenants and charities involved. Many of your Lordships do far more than even I do as a Minister to support those local organisations —the noble Lord, Lord De Mauley, is one of the best examples. Nobody seeks to undermine that or do anything that would somehow not ensure that it could carry on.
I was with the noble Lord, Lord Elliott—he was in his place a moment ago—in Enniskillen just on Saturday. The RAF show there that I went to support, with the reserves, the lord-lieutenants and the cadets, was phenomenal. It was absolutely phenomenal to see the work going on there. Nobody seeks to undermine or hinder that. This Saturday coming, I am going to Grantham for the reserves passout that is taking place there, because of its significance and importance. It does not matter whether it is the reserves; it does not matter whether it is the cadets. Ministerially, the noble Baroness, Lady Goldie, the noble Earl, Lord Minto, and the noble Baroness, Lady Smith, no doubt; the noble and gallant Lords, Lord Stirrup and Lord Craig, through their long and distinguished careers, the noble Lord, Lord Dannatt, through his, and many others—all of us have committed ourselves to pursue that purpose which is crucial to our nation. Whether it is Scotland, Wales, Northern Ireland or the regions of England, it is crucial and fundamental to us that we do that. Each of the three reports which I will mention emphasise that. However, alongside that—the noble Lord, Lord De Mauley, is right, and I will reference it, that the PAC did say either/or—each of those reports said the current framework needs to be revised and looked at.
My view of this is that the national body creates strategic oversight for a structure that would allow the regional councils to be stronger and more purposeful in what they are doing, with the financial oversight and clarity that a strategic body would give them. That is how devolution works. You do not just let the mayors of the country do exactly what they want. A national strategic framework policy is set which allows those local bodies and local government to function—and to function effectively. That is what this seeks to do.
Again, before I make the formal remarks, let me reference what is on the face of the Bill. Yes, it is the establishment of the new body, the new RFCA, but also—I have to put my glasses on; it slows the rhetoric—on page 136, and then on to page 137, the Bill puts into primary legislation regional councils and how those are set up. It states—I will just say this for the noble Baroness, Lady Fraser:
“The RFCA must establish a committee for each area of the United Kingdom as may be specified in regulations”.
That would include Scotland, Wales and all those things. That is laid out there. It then goes on to the various regulations that can be made. We will deal with the various amendments about membership, about whether people are paid or unpaid, and other matters, but all those things will be dealt with in regulations. I realise that the debate then becomes about whether it should be primary or secondary legislation, but it is on the face of the Bill that they will be dealt with by regulations. I will make my formal remarks. Those regulations are in draft form at the moment. I will share those draft regulations with Members of the Committee before Report. Noble Lords can look at them and decide whether they answer some of the points that they would make, so that we will not have a situation, which sometimes happens with Governments, where draft regulations are just presented and you either vote for them or not, without any ability for people to properly scrutinise them and agree them or not.
Were the devolved nations assured of a seat on the national board?
Again, those are the sorts of things that will be sorted out in the regulations to which I referred. It is laid out in primary legislation that we will be able to ensure that the regions and nations of the country are represented and have the various functions the noble Baroness would want.
My Lords, I shall also speak to Amendments 40, 41 and 45, tabled in the name of my noble friends Lord Harlech, Lord De Mauley and Lady Penn. My noble friend Lord Harlech has long been a doughty and most effective champion of our Reserve Forces. These Benches share his conviction that the reserves are indispensable to our national defence and deserve every reasonable support we can muster.
However, I am afraid that I must express some reservations about the amendments in this group and in the next. This is a genuine and very difficult balancing act. On the one side sits our duty to reservists and to employers, who already, at times, go beyond the call in supporting them. On the other sits our duty to the small and medium-sized businesses that make up the overwhelming majority of Britain’s employers and that are, right now, facing a cumulative weight of obligation that these amendments risk compounding rather than ameliorating.
Some 5.5 million businesses operate in this country, over 99% of which are small or medium-sized enterprises. Firms of the kind caught by the 50-employee threshold —or the 10-employee threshold in Amendment 41—are frequently the very smallest operations; they might be a family firm, a local manufacturer or a handful of tradesmen incorporated together. For a business of 10 employees, losing one member of staff for 10 working days a year for training could produce real strain on its workforce, potentially pushing back deadlines and damaging its ability to compete for contracts against larger rivals that can afford such absences more easily. It could also—this is quite dangerous—influence the willingness of employees and fellow workers to be generous with their attitude towards service. That is very important.
This cannot be considered in isolation from the wider climate in which small businesses currently operate. Businesses have had to suffer two years of this Government that have made their lives considerably harder, with the increases in employer national insurance contributions and the national living wage under the Employment Rights Act. That is the context in which we judge these amendments. We are not saying that reservists do not deserve support—indeed, quite the opposite—but we believe that the existing defence employer recognition scheme, built on voluntary best practice among gold and silver employers, achieves much of what these clauses seek without imposing statutory duties that might deter smaller firms from hiring reservists at all, the very outcome we all wish to avoid. I hope my noble friend will reflect on these concerns in the spirit in which they are offered, and I look forward to continuing this conversation as the Bill progresses.
My Lords, I thank everyone who has contributed to the debate. I should have declared an interest at the beginning: my son-in-law is currently mobilised as an active reservist. I apologise; I should have made that statement before.
The noble Lord, Lord Harlech, and I have had a number of conversations, both inside and outside the Chamber. I thank him for bringing forward the amendments. I will write to him on the three questions he asked. For clarity, I will copy that to everyone who is currently in the Chamber and place a copy in the Library. I hope that is satisfactory for the noble Lord.
The noble Lord will know that the Armed Forces are not exempt from jury service. If a reservist is mobilised, they can apply for a deferral in the normal way.
We can all agree that the Reserve Forces are critical to defence, and every day reservists balance civilian careers, family commitments and military service, giving their time to train and remain ready to serve when called on. In answer to the noble Baroness, Lady Smith, I will of course consider all her various points; I always do that. I cannot answer them now to the satisfaction that everybody would wish, but I will consider them.
The noble Earl, Lord Minto, made an important point: all the way through, there is a balancing act between trying to recognise the important demands that employers of all sizes have on their businesses and, at the same time, doing all we can to promote the reserves and reservists. We have to ensure that we meet both those demands and find a way that balances all that. I agree with the noble Earl. That is not in opposition to what the noble Lord, Lord Harlech, has set out in his Amendments 40 and 41; rather, we have to ask what the correct balance is.
Defence relies on the commitment of our reservists. Their skills, experience and willingness to step forward in the service of the nation make them an indispensable part of our Armed Forces. We are deeply grateful for their dedication and for the support of their employers. The noble Lord, Lord Swire, recognised that in his comments. Of course we need to try to encourage more people to become reservists—and we will do that. I am not sure about the Swiss example; I am not an expert on Switzerland but it gets near to requiring people to do certain things. As the noble Lord will know, this Government and previous Governments have always taken the view that our reservists go through a voluntary route. We seek to encourage people to participate and to act in the service of their nation voluntarily. That is the right approach for us to continue with.
My Lords, I am again most grateful to my noble friends Lord Harlech, Lady Penn and Lord De Mauley for these amendments. As with my response to the last group, I completely share my noble friends’ desire to support the reserves wherever possible. I am absolutely not gloomy about the reserves at all; rather the opposite. I know that reserve training adds depth to any participant and, indeed, to any organisation that they might be part of. Unfortunately, I have concerns about these amendments. Between them, they would create new tribunal-enforceable duties on refusal of employment, extend protection against detriment short of dismissal, and place fresh obligations on businesses dealing with the self-employed and with partnerships. Taken together, that is a substantial new compliance burden to place on employers, many of them small businesses, at a time when they are already absorbing a great deal of regulatory change, as I have already established. I think it right to pause before adding further to that already pretty hefty burden.
Amendment 42 raises a further difficulty. It would make it unlawful to refuse employment to somebody who merely proposes to become a reservist. In practice, how is an employer to know that at the point of hiring? Unless a candidate volunteers information, there is no reliable way for an employer to be aware of an intention that exists only in someone’s plans, which makes the obligation very hard to comply with and harder still to enforce fairly. It is fundamentally my view that the commercial requirements of businesses, particularly small and medium-sized enterprises, must be our primary consideration. I hope my noble friends will reflect on these practical concerns, and I look forward to the Minister’s response.
I again thank everyone who has participated in the debate. The noble Lord, Lord Harlech, asked if we can have a conversation before Report; of course we can. We understand the intention behind the amendments: to further build on the protections offered to our reservists in current primary legislation. However, the Government do not believe that the new clauses are proportionate; they risk creating unintended consequences for employers, reservists and the wider labour market.
As mentioned earlier, reservists already benefit from a range of statutory protections. They allow reservists to claim compensation where their military pay is lower than civilian earnings, subject to a cap, and provide support for reasonable additional costs arising from mobilisation, such as childcare or other domestic expenses. This recognises the significant commitment that reservists make in serving our Armed Forces. The Armed Forces covenant further ensures that service personnel are not disadvantaged by virtue of their military service. The Government’s approach is to foster a positive partnership between defence and employers, rather than to create new categories of employment litigation.
Membership of the Reserve Forces is a voluntary commitment that may involve specific and foreseeable periods of absence from employment due to training or mobilisations. The amendments could introduce broad new causes of action in employment tribunals. As the noble Earl, Lord Minto, pointed out, the provisions are drafted in particularly wide terms, extending not only to actual reservists but also to persons who propose to become a reservist or who may become liable for future service. That would inevitably create significant evidential difficulties for employers. In particular, recruitment decisions often involve a range of legitimate factors, and it may be challenging to later demonstrate conclusively that reserve service played no part in a decision.
These amendments may therefore have the unintended consequence of discouraging employers from discussing reserve commitments openly with applicants and employees. The Government’s objective is to encourage transparent and constructive dialogue between employers and reservists. A statutory requirement may undermine that objective and weaken the collaborative relationship that currently exists between defence and employers through, as I say, the Armed Forces covenant and the defence relationship management programme. We remain committed to supporting reservists and promoting reserve services among employers. However, the amendments would create a disproportionate and potentially burdensome new legal requirement and introduce unnecessary uncertainty into recruitment and employment without compelling evidence of necessity.
I turn to Amendment 44. The Government recognise that reservists who run their own businesses, work as contractors or practise in partnership can face particular challenges in balancing civilian livelihoods with military service—again, a point that the noble Lord, Lord Harlech, made. Their commitment is highly valued, and defence will continue to support them through a combination of legislation, financial assistance, employer engagement and practical guidance.
Although the Government fully support the objective of ensuring that reservists are not treated unfairly because of their service, we do not believe that this amendment is necessary or proportionate. It would extend protections into a wide range of commercial contracts and partnership arrangements. Decisions about contracting, allocation of work or business partnerships are often based on legitimate commercial factors. The amendment could make such routine decisions vulnerable to legal challenge where current or potential reserve service is alleged to have played a role. That would represent a significant and far-reaching change to the law in this area, and the Government are not persuaded that the case for such a change has been made in the context of this Bill.
Existing protections and support mechanisms are already in place through various pieces of legislation. Financial assistance may also be available under Part VIII of the Reserve Forces Act 1996 when a reservist is mobilised or undertakes relevant reserve force activities. Support is available to reservists and employers, including self-employed employers and business partnerships. This can include provision for loss of earnings, replacement costs and additional business costs arising from mobilisation.
The Government’s approach is therefore to maintain a balanced framework; I think that starts to answer the points that the noble Baroness, Lady Penn, made about trying to have a balanced framework and a balanced approach to some the competing demands. There is statutory protection where it is required, financial assistance where service creates identifiable costs, and strong engagement with employers and business through Defence Relationship Management. I agree with the point made by the noble Lord, Lord Lancaster, about ensuring that everyone is aware of the skill reservists bring back to industry; that is an important point. There is also the Armed Forces covenant and the employer recognition scheme.
That partnership-based approach has built substantial and growing employer support for reservists without placing legal burdens on businesses. In 2016, under 1,000 businesses and organisations were signed up to the Armed Forces covenant. Today, we have over 15,200 organisations signed up. That is a significant thing that all of us across the Committee can be proud of, although there is still much more to be done.
The review requirement in the amendment is unnecessary. Defence already keeps reservist and employer support under regular consideration, including financial assistance arrangements for mobilisation and wider measures to improve reserve utilisation, readiness and employer support.
Again, I reassure the noble Lord, Lord Harlech, that the Government will continue to consider whether existing schemes remain appropriate, but we do not believe that a statutory review tied to overseas comparisons is the right mechanism. International models can help, but arrangements in Australia and Canada operate within different reserve structures, employment markets, legal frameworks and funding systems. For those reasons, although we understand the intent, and I am perfectly happy, as always, to have a conversation with the noble Lord, Lord Harlech, we do not believe that these amendments are necessary. With that, I ask him to withdraw his amendment.
My Lords, I am grateful to all noble Lords who have participated in this balanced but brief debate. I am grateful to the Minister for setting out the Government’s position. As with the previous group, I ask: are the number of reserves going up? Not really; we have stopped the bleed, so we have stabilised things, but the numbers are going down. If we keep doing the same thing we will get the same results. That is why what I am suggesting is a big change: it is dramatic, because it is time to do things dramatically differently to get out Reserve Forces where they need to be. For now, I withdraw my amendment.
My Lords, we do not accept any of the amendments before us as drafted. Am I going to speak to the noble Lord, Lord De Mauley, and the rest of the Committee about what we may do to take on board some of the comments that have been made around Clause 38? Of course we will have discussions about it and of course we will see whether there are changes or improvements that could be made that are acceptable to the Government and which seek to address some of the problems that the noble Lord and others have laid out. That is the commitment that I have always made.
I cannot promise what the outcome will be. This is Committee; it is not a full-on Report stage and it is not Second Reading or Third Reading. Committee is about challenging the Government on what they are doing and the Government responding by saying that they will consider how they may take things forward. Just to set the framework, this does not alter the fact that the Government believe that there should be a national strategic body and regional councils. I will say a little bit more about that as I carry on with my remarks, but do I believe that points are being made that are important for the Government to consider? Yes, I do. I cannot satisfy everybody’s demands that Clause 38 should not stand part of the Bill—that has been referred to in respect of Amendments 46, 47 and 49—but we will address all that.
I have an important comment to make to the noble Lord, Earl Howe, for the Committee to recognise. I do not see this as a debate between people who are young, thrusting and understand today’s society and what the noble Earl said—that he should not be seen as an old-fashioned reactionary. Of course he is not seen that way. He and his wife, who I think he said was the lord-lieutenant in Buckinghamshire, are doing great service and are important contributors to the fabric of our country. This is not a debate between those who are modern and those who are old-fashioned. This is a discussion between people who have at their hearts the understanding that lords-lieutenant, reserves and cadets all make a massively important contribution to our country. The discussion between us is about the most effective way of doing that.
I go back to the point that I made before: the Government’s view is that by establishing of a body that allows a strategic framework to be set and that deals with and responds to some of the criticisms that were made by the various reviews to which I referred earlier, we can establish an overall framework within which those regional councils can operate. The regional councils will be a matter for discussion, but they will retain local knowledge, local experience, local expertise, the local connection, the reserves, the cadets—all those points made by the noble Lord, Lord Elliott, for which I thank him, as well as those made by the noble and gallant Lords, Lord Stirrup and Lord Craig. Of course they are vital to our country. Nobody is seeking to abolish them. The debate between us is how we make things more effective. The Government’s view is that you have the overall strategic framework within which localism operates.
Again, there is disagreement here. It think that is perfectly compatible with the overall, overarching way in which the Government are seeking to devolve power within an overall strategic framework that allows people to make their own decisions and take their own steps forward. That is why the Bill—the primary legislation—requires that regional councils are not abolished but maintained and protected. What those regional councils should be, how they should be set up and on what area they should be based will be a matter for discussion. It will be a matter on which we will try to reach a consensus.
It goes on, on page 137, to list all the various regulations which I referred to earlier. The view of some in the Committee is that those regulations—membership of the national body and all the other things to which I have referred—should be in primary legislation. The Government’s view is that it should be done in secondary legislation. The commitment I have made to the Committee is that those regulations, which are already drafted, can be shared so that people can seek to understand whether some of the concerns—not all of them—they have about membership, et cetera, are addressed by them. It may be that they are not, but the Government are not going to go back. The draft regulations will not say we accept that Clause 38 should be abolished, but they may say we think the area should be this, the membership should be that, and this is the way forward for us. Giving draft regulations in good time to your Lordships’ House will enable a discussion to be had on Report which can take that forward and people will make their own mind up as to whether that is appropriate.
From the Government’s perspective, therefore, Amendments 46, 47 and 49 are not necessary, because the Government are seeking to deliver some of what those amendments are asking for in a different way. The noble Lord, Lord De Mauley, in a very interesting, logical and emotional way, put forward the case for the regional chairs and for many of the established ways of working to continue, supported by the noble and gallant Lord, Lord Stirrup, the noble Lord, Lord Empey, the noble Baroness, Lady Smith, and many others. The debate between us will not be about how we reach consensus, because there is a disagreement, but I have been asked whether, if Clause 38 and Schedule 6 are to remain part of the Bill, there is something we can do which may satisfy some of the concerns that your Lordships have expressed in a way which means that some of the old-fashioned reactionaries among us, as the noble Earl, Lord Howe, mentioned, can at least address some of the very important points, which are not old-fashioned or reactionary but are important considerations which any Government should make when they seek to make a significant change, to ensure that we do not throw the baby out with the bathwater. That is the commitment I make to your Lordships’ Committee and, with that, I ask the noble Lord, Lord De Mauley, not to press his amendments.
My Lords, I thank all noble Lords who have spoken in support of these amendments. I thank the Minister for his response and for offering to meet and discuss these matters, to which of course I am open. I say to him that the way the Bill is drafted, there are to be regional councils but there are no members beneath them supporting them and they have no representation at national board level, so they are suspended in mid-air and it seems to me rather pointless. We are in Committee, so I reserve the right to return to this matter on Report, but for this evening I beg leave to withdraw the amendment.
(6 days, 2 hours ago)
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My Lords, much has been said by noble Lords, noble and gallant Lords, me and my noble friend Lord De Mauley about the importance of the continuation of the voluntary nature of the RFCAs. This is not because I wish to sound like a stuck record; it is out of a genuine desire to preserve all that has made the reserves and cadets so successful.
Of those factors, the voluntary ethos is paramount, as the noble Lord, Lord Empey, expressed so clearly. These are organisations that, despite being established by statute, do not operate as traditional government bodies. They are more akin to civil society organisations; that is their brilliance. The voluntary nature of the membership brings together such a wide array of people, from ex-regulars who do not want to give up on their military life to those who want to give back to society and those who simply want to help young people step up and get on in life. They are not forced into this. It is not their career. They do it because they want to. This is how we attract the best and most dedicated people.
The new structure envisaged by the Government, however, would create a professional board of independent people with, potentially, no relevant experience, as several noble Lords have mentioned, or links to either the cadets or the reserves. This is why I support my noble friend’s Amendments 48 and 51 to prevent non-executive board members being paid and to enshrine a national voluntary body in statute. Only then can we ensure that those who are involved with the RFCAs remain genuinely committed to, and passionate about, the cadets and reserves whom they put themselves forward to serve.
I have spoken already about my desire to conserve the traditional link to the Crown through the involvement of the lieutenancy in the associations. The severance of that link would be a deeply regrettable consequence of this policy and one that was entirely unnecessary. It is for that reason that I strongly support Amendment 50, which would, in essence, preserve an element of the status quo by ensuring that the lords-lieutenant were appointed as presidents of the regional councils. This would not cost the Ministry of Defence a penny or interfere with its bureaucratic restructuring, but it would help to preserve those traditions that have kept our nation going for so long and which might just make our lives a little more enjoyable.
I thank the noble Lord, Lord De Mauley, for the amendments whose presentation to us he led on.
I say to the noble Lord, Lord Empey, as I have said on a number of occasions both to the noble Lord, Lord De Mauley, and to the Committee as a whole, that I will continue to have conversations between now and Report about what we may or may not do with some of the amendments before us. That commitment has already been made. On the points that he made about spending, I am perfectly willing to answer another Private Notice Question or whatever if he is successful at another time, but perhaps not this evening.
I thank the noble Lord, Lord De Mauley, the noble Earl, Lord Minto, and the noble Baroness, Lady Goldie, for their view that the non-executive members of the new RFCA board should be unpaid. That view assumes that unpaid service better demonstrates commitment. I do not accept that. Commitment is not determined by whether a member is remunerated. There is no evidence, in my view, that remuneration reduces dedication to the Reserve Forces or cadet organisations. I take the point that has been made about their voluntary ethos, but, in terms of the board’s membership—
I suggest, in answer to that point from the Minister, that what it does is call into question their independence from their MoD masters.
That might be a matter for us to consider in the conversation that we have. I do not want to go on for too long, but I understand many of the comments that different people have made this evening; I agree with some of them to a larger or lesser extent. I have never thought, generally speaking, that, in certain circumstances, unpaid work is the way forward. This is one of those situations, in respect of the board: I do not think it undermines the voluntary ethos as a whole because, here, it is related to board membership. In that circumstance, it is perfectly reasonable, given the new board that we wish to set up, that the position should be remunerated, although I accept the point that, in the broader establishment of lords-lieutenant and others across the wider—
The Minister has said that he does not believe that having paid non-executive directors will lessen their commitment. That is not the question, though. Surely the question is: does having unpaid representatives lessen their commitment? It does not. So why do we want to change it?
That is the difference. I understand the whole point about the voluntary ethos generally across the reserves and cadet associations; I absolutely accept that. I am saying, with respect to the board members, that, where you are creating a national board that wants to take on certain statutory functions, that position should be remunerated. That is the difference between us. In the end, personally, I think that that is not inconsistent with the belief that you can have a voluntary ethos.
Look—we have voluntary organisations all over the country that display a voluntary ethos of which we are all proud. At the top of those organisations are people, including board members, who are remunerated. We would not expect them to be able to do that job of work without that remuneration. That is the principle and the point that I am making.
We are committed to equality of opportunity and to breaking down barriers that prevent people contributing to public life, so we want public appointments to be open to all those who have the skills, experience and commitment, not only to those with the financial means to do so without compensation. The Government’s objective is to attract the best candidates from the widest possible range of backgrounds, and retaining the option to remunerate supports that aim. I hope that explains the Government’s position while accepting, again, that many noble Lords will disagree with it. That is my point about payments for the strategic oversight board while respecting the voluntary ethos more widely within the reserves and cadets associations.
My Lords, I am grateful to the noble Lord, Lord Thomas of Gresford, and to the noble Baronesses, Lady Brinton and Lady Bennett of Manor Castle, for tabling these amendments. This group gives us an opportunity to discuss a complex but very important area of the law. I am also grateful to the noble Baroness, Lady Brinton, for standing in for the noble Lord, Lord Thomas of Gresford. I wish him a very speedy recovery. He is a nice guy.
The Visiting Forces Act 1952 establishes the legal framework that governs the relationship between the United Kingdom and those states that send members of their armed forces to our territory. The issue sits at the very intersection of national sovereignty, the rights of victims and this country’s long-standing alliance relationships. It is right that this House probes how this balance is struck.
I turn first to Amendment 53, tabled by the noble Lord, Lord Thomas of Gresford, and the noble Baroness, Lady Brinton. It would require publication, in unredacted form, of any part of a visiting force’s agreement touching on jurisdiction, together with the reasoning behind it. I merely observe that a statutory duty to publish in unredacted form is a very blunt instrument to apply to what are, in many cases, live diplomatic and security arrangements with partner nations. It may be useful if the Minister could explain what mechanisms already exist for Parliament to scrutinise these matters without compelling wholesale publication.
Regardless of the amendment’s fate, I hope the Minister will take away from this debate that, whatever one’s view on publication, in any case where a jurisdictional dispute arises between the United Kingdom and a sending state it must be beyond doubt exactly how that dispute is to be resolved, who takes the decision and on what criteria. Ambiguity at that point serves no one.
On Amendment 55, the noble Baroness, Lady Bennett of Manor Castle, is right to press the Government on how such cases are handled. Where I part company with her is on the question of necessity, because the outcome she seeks already exists in law. The Visiting Forces Act 1952 does not hand jurisdiction wholesale to sending states. Section 3 of the Act states that the sending state’s military authorities have the primary right of jurisdiction only where the offence arises out of official duty, is against another member of the visiting force or corresponding civilian component, or is against property belonging to the force, its members or dependants. In any case where a member of a visiting force commits a criminal offence against a dependent British citizen, the jurisdiction lies with British authorities. Thus, such an offence would be investigated by the territorial police force for the area and prosecuted by the Crown Prosecution Service, and the case would be heard in a British court. This is the case for all offences, however serious, including sexual offences. This position is unambiguously clarified in the Crown Prosecution Service’s published guidance.
Furthermore, where the NATO status of forces agreement is also engaged the position is, if anything, even stronger. The CPS guidance notes that, taken together with the 1951 NATO agreement, this produces dual jurisdiction in any case where the victim is a dependant who is either a UK national or habitually resident here. A dependant, rather than a fellow service member, is precisely the category of victim that I believe the noble Baroness’s amendment is designed to protect.
Where cases have an international dimension going wider than the visiting forces framework—as, for example, in dealings with the United States—the mechanism for resolving concurrent jurisdiction is also already in place. The guidance governing such cases between our two countries commits prosecutors to weighing each case on its individual merits, guided throughout by a commitment to fairness and objectivity.
I will not detain the Committee further on the remaining amendment in this group concerning the list of countries in Section 1(1)(a) of the 1952 Act, save to say that I believe that the United States is counted as a visiting force. The Visiting Forces (Designation) Order 1954 exercises the power in Section 1(2) of the 1952 Act to designate Belgium, France, the Netherlands, Norway and the United States of America as visiting forces. The US is also covered under the NATO SOFA. I would be very grateful if the Minister could confirm whether this interpretation is correct.
My Lords, I thank the noble Baronesses, Lady Brinton and Bennett, and the noble Earl, Lord Minto, for their important contributions on an incredibly important area of law, in relation to which a number of matters have been raised, recently and not so recently, that cause us all concern. For legal reasons, I will read verbatim the information I have before me; this is such an important area, and I do not want to be misquoted as that would not help the various people we wish to see being helped. Noble Lords will notice that when I get towards the end of my remarks, I will make one or two important comments that I hope will offer some, if not total, reassurance to your Lordships and to those who read our proceedings about how we are trying to move forward.
The legal framework governing the allocation of jurisdiction between the UK and a visiting force is set out in UK domestic law through Section 3 of the Visiting Forces Act 1952, with further reference to Section 12. This framework applies both to states that are party to the NATO status of forces agreement and to non-NATO states that have bilateral arrangements with the UK and are designated under Section 1 of the Visiting Forces Act 1952. In all such cases, visiting forces remain subject to the provisions of the Act. Any other agreements or arrangements are modelled on the provisions of the NATO status of forces agreement and reflect the provisions of the Visiting Forces Act 1952. The Visiting Forces Act is already publicly available and the principles within it are applied by UK prosecuting authorities on a case-by-case basis when questions of jurisdiction occur. I hope that provides some reassurance to the noble Baroness, Lady Brinton, as well as the noble Lord, Lord Thomas.
I thank the noble Baroness, Lady Brinton, for her views on the Bill and acknowledge her concerns, and those of others, about the Visiting Forces Act 1952 and why the United States is not explicitly referenced as being subject to the legislation. I reassure her and others that the United States is already included as subject to the Visiting Forces Act by virtue of Section (1)(1)(b). This specifically explains that, along with the countries individually named in Section 1(1)(a), a country will be subject to the Act’s provisions if it is designated by Order in Council. The United States, along with Belgium, France, the Netherlands and Norway, were included in the Visiting Forces (Designation) Order 1954, Statutory Instrument 634/1954, and so fall under the Visiting Forces Act 1952.
On Amendment 55, I thank the noble Baronesses, Lady Bennett and Lady Brinton, for their views on the Bill and acknowledge their interest in the Visiting Forces Act 1952 and the proposal to restrict and regulate how requests for transferring jurisdiction are determined in cases involving qualifying sexual offences. I begin by reassuring them that the Government are fully committed to ensuring that alleged sexual offences perpetrated by visiting forces are treated with the utmost seriousness and that jurisdiction for such cases is decided in accordance with the extant legislation.
I am aware of recent cases highlighted in the media, most notably the case concerning US airman Jacob Wulfson, which raised concerns regarding the extent to which the right decisions regarding jurisdiction for prosecution had been made. Section 3 of the Visiting Forces Act 1952 already sets out the limited circumstances in which jurisdictions should be transferred from the UK to a visiting force. The decisions on whether or not to do so are made independently by the relevant police force or the Crown Prosecution Service in response to any request from a visiting force. The Government are committed to identifying and applying the lessons arising from the issues raised in these cases. This includes the application and operation of jurisdictional arrangements under the Visiting Forces Act 1952 and how these are implemented across the criminal justice system.
In particular, I welcome the action taken by the chair of the National Police Chiefs’ Council, who has written to all chief constables in England and Wales to remind forces of their responsibilities under the Visiting Forces Act 1952. I understand that the National Police Chiefs’ Council is also considering whether further formal guidance for police forces is required to reinforce the principles of the existing legislation.
As I said, I am deeply concerned by the reports of how jurisdiction was handled in the Wulfson case. Victims of such serious offences need to be supported, and their cases treated with the seriousness, dignity and compassion that they deserve. This includes ensuring that jurisdiction for alleged offences is only ceded to a visiting force where absolutely appropriate under UK law and the Crown Prosecution Service’s guidance. I have directed my officials to work with the Home Office, the National Police Chiefs’ Council and any other government departments as required to ensure that the Ministry of Defence is assisting in that outcome. I hope that provides some assurance to the noble Baronesses, Lady Brinton and Lady Bennett, and the noble Earl, Lord Minto. I have no doubt that these discussions will continue, but we understand the seriousness of the topics that have been raised and the need for us to consider how we can deal with this.
I wonder if I could ask a brief question, because it is relevant to my response to the Minister’s contribution. Is there currently an agreement between the UK and the USA, as is described in the Visiting Forces Act and referred to elsewhere? Other countries have it. Is there already such an agreement about protocols for the sort of case we have been discussing this evening, along with other details that are not relevant? I will leave my question at that.
I am concerned about misinforming your Lordships on legal matters. When I take legal advice, I will write as to the correct answer to that. I will copy in other Members of your Lordships’ House and place a copy in the Library.
I understand if the Minister will want to write in answer to this question as well. He referred to the National Police Chiefs’ Council considering further formal guidance and writing to forces. What will that be based on? What is the legal basis of this? Where is it coming from? Surely, it is a matter for Parliament and not just for the police chiefs to work out the way forward. Where is the framework coming from?
I am not sure if I totally understand what the noble Baroness means. I thought it was a pretty important step that the National Police Chiefs’ Council was taking in looking at whether the current guidance was appropriate or further guidance was needed to ensure that some of the issues that have arisen and some of the concerns that have been rightly expressed were avoided in the future. That is the normal practice of the National Police Chiefs’ Council on a whole range of very difficult issues. It reflects on the law and the guidance with respect to the law when considering whether any of its guidance needs to be changed or adapted. That is my understanding of the guidance to be issued to the various police forces: it is to ensure that questions of jurisdiction are properly answered within the context of the law as it stands.
My Lords, I am probably about to provide a less fascinating speech. I endorse everything said by my noble friend Lord Parkinson and, as such, I am pleased to support his amendment. Clause 48 will automatically expand the protection provided by the Protection of Military Remains Act 1986 to every vessel lost in military service, rather than requiring each one to go through a separate designation order. That is a welcome and overdue reform.
However, the issue that my noble friend has raised, while related, pertains to a slightly different problem. The Merchant Shipping Act 1995 currently applies the ordinary civil law of salvage to His Majesty’s ships in much the same way as it would to a vessel in private ownership, subject only to a narrow procedural safeguard on how any claim may be brought. In practice, that treats the wreck of a Royal Navy vessel, which very often will be the final resting place of Royal Navy sailors, as well as the property of the Crown, as though it were, to be honest, fair game for private salvage.
Amendment 55A is an attempt to rectify that situation by restoring the principle of sovereign immunity and aligning the law on salvage with the spirit of what I think Clause 48 is trying to achieve. In setting out the case for his amendments, my noble friend has referenced a group of academics who have highlighted this issue with the application of civil salvage law in relation to Section 230(1) of the Merchant Shipping Act 1995. I would also be grateful to the Minister if he could confirm the Ministry of Defence’s interpretation of that position.
The Government may very well believe there to be no problem and the Minister may not agree with the interpretation of the law by the academics mentioned by my noble friend but, whether or not the Government agree, is not the key issue that the law can even be questioned in the first place? The fact that there exists sufficient legal ambiguity to allow academics to come to this view means that there is a risk of people attempting to salvage and recover military wrecks, believing that they are allowed to do so. I hope that the Government will agree to meet my noble friend and those others who are concerned so that the legal position can be clarified.
The noble Lord, Lord Dannatt, proposes to remove the clause entirely. I remember with pleasure our extensive exchanges on the “Gloucester”, but I most respectfully do not entirely agree with that proposal. It is my interpretation that divers will remain free to visit sites on the same “Look but don’t touch” basis that already applies to protected places. I remember numerous letters as a Minister in that context. What becomes unlawful is the disturbance, damage or entry into enclosed parts of a wreck without Ministry of Defence authorisation. I believe that the intention is to prevent poor behaviour by the minority who treat these sites as a source of souvenirs, which is not the ordinary conduct of responsible divers. We have a duty to prevent the desecration of the final resting places of all our war dead. They gave their lives and service to our nation. That is the least they deserve. If these measures can prevent such desecration by unlicensed diving, I suggest that they deserve our support.
My Lords, I thank everyone who has contributed to the debate. I will start with Amendment 55A from the noble Lord, Lord Parkinson. I thank him for bringing that forward in relation to salvage claims against military and Royal Fleet Auxiliary vessels via the Merchant Shipping Act 1995, which is the principal piece of primary legislation in the UK that governs maritime law, ship registration and safety standards. We will investigate the noble Lord’s concerns and comments about Section 230(1) of the Merchant Shipping Act 1995 before Report and come back with appropriate comments with respect to that. I hope that that is a reassurance to him about all the various comments he helpfully made for your Lordships’ House.
Moving to Clause 48 and the debate on that, I thank the noble Lord, Lord Dannatt, for his views on the Bill and acknowledge his concerns about Clause 48 and the Protection of Military Remains Act 1986. Clause 48 of the Bill addresses the existing disparity between the protection of military aircraft and vessels under the Protection of Military Remains Act 1986. The 1986 Act secures the protection from unauthorised interference of the remains of military aircraft and vessels that have crashed, sunk or been stranded, and of associated human remains, making it an offence to enter or interfere with a military wreck site without an authorised licence.
The Act provides for two types of protection: protected places and controlled sites, as designated through a statutory instrument in tranches. To date, a total of 129 wrecked vessels have been designated in eight tranches, the last coming into force on 30 March 2026. However, the Act does not currently allow designation of a vessel that was sunk or stranded on or before 4 August 1914 as a protected place, or designation of a site as a controlled site if over 200 years have elapsed since the crash, sinking or stranding of the vessel or aircraft. As a result of these time limits, older military shipwrecks lack protection. For example, the “Gloucester”, which sank in 1682, carrying the future James II and with a loss of around 200 lives, which I know from our discussions and correspondence is of particular interest to the noble Lord, is currently unprotected.
Clause 48 amends Section 1 of the 1986 Act so that all military shipwrecks which are the last resting places of serving personnel are automatically designated as protected places. This ensures alignment with the protection already afforded to military aircraft. The clause also removes the restrictive time constraints that apply to both protected places and controlled sites, ensuring that the nation’s historic military shipwrecks, which are currently excluded from inclusion by virtue of the time limits specified, can be protected. By providing automatic protection to all military shipwrecks, the MoD will enable a significant improvement in the way our maritime military graves and underwater cultural heritage are protected.
Significant advances in underwater technology and technical diving are leading to more of our military wrecks being discovered. That is good news, of course, but it also requires us to do all we can to protect them. The noble Baroness alluded to the reasons why we are doing this; those advances in technology are one of them. We need to do all we can to protect them once they have been discovered and identified in order to prevent them being disturbed or damaged and to prevent interference with military remains.
The recent discovery of HMS “Tiger” off the Isle of Wight is a prime example of why the amendments are being sought—again, this goes to the point made by the noble Baroness, Lady Goldie. HMS “Tiger” was discovered 118 years after she collided with HMS “Berwick” during a training exercise and was cut clean in two. Currently, she can be designated only as a controlled site simply due to the fact that she sank in 1908, effectively restricting access to divers. Through the changes in the Bill, HMS “Tiger” will become a protected place, permitting non-intrusive activities such as diving without a licence. It is important that we protect UK military shipwrecks in UK territorial waters and international waters. I hope that there is no doubt that our intention is to do all we can to offer better protection in order to prevent the unauthorised desecration of these historically important sites, which are often the last resting places of our serving personnel.
I draw your Lordships’ attention to the fact that many of the provisions already contained in the current Act will remain. Clause 48 simply seeks to strengthen it. Diving in protected places will continue to be permitted—again, to the point made by the noble Baroness, Lady Goldie—on a “look but don’t touch” basis, while a licence will still be required to dive on a controlled site. Giving all military wrecks “protected place” status will help deter unauthorised salvage and the desecration of the wrecks of military remains of service personnel; where appropriate, it will enable the MoD to prosecute those who flout the law in this respect.
I assure the Committee that there are already provisions in the Act to permit diving on UK military shipwrecks in UK territorial and international waters. However, to assist divers in navigating their way around the changes proposed, the MoD will be updating and publishing its policies on underwater cultural heritage, should the Bill be passed. I also assure the Committee—it may have been the noble Baroness, Lady Smith, who asked about this—that the MoD, in consultation with the British Sub-Aqua Club, which is the UK governing body for sub-aqua diving, has produced a set of questions and answers designed to inform its members and the diving community of the proposed changes, which were published on 2 September 2026.
With those necessary reassurances, I hope that the Committee will see the need for Clause 48 and that the amendment will be withdrawn.
My Lords, I am grateful to the Minister for his reply. As he rightly says, the technology and its increased availability to many more people is the reason why the broader changes that the Government are seeking to make through the Bill are so timely and needed.
On my Amendment 55A, I am grateful to the Minister for undertaking to investigate the position in detail before Report. I understand why, before that investigation takes place, he does not want to say any more about it now, but I reiterate my offer to speak to him further if I can be of assistance or put him in touch with those who have conducted the research that led me to table this amendment. If, as he mentioned at the end, his department and DCMS are going to update their guidance documents in the light of it, that will be necessary so that there can be absolute legal certainty for those who wish to dive and enjoy the investigations and the sport that they do, but also for those, including divers, who care deeply about the sanctity of these sites and their heritage significance.
With gratitude, for now, I beg leave to withdraw my amendment.
My Lords, I turn first to Amendment 56, tabled by the noble and gallant Lord, Lord Craig of Radley, and supported by my noble friend Lord Harlech. I am pleased to be able to say that we on these Benches support this amendment. We have already waived the fees for indefinite leave to remain for Commonwealth citizens who have served in our Armed Forces, in recognition of the sacrifice for our nation that that service represents. It is difficult to see any principled basis for stopping short of extending that same waiver to their spouses and children. These are, after all, the families who have supported that service, often at real personal cost to themselves. As has already been said, extending fee waivers of this kind to service families was a manifesto commitment at the last election made by my party, the Labour Party and the Liberal Democrats. Given that shared commitment, I hope the Minister will explain today why it has not yet been implemented, and when the Government intend to act.
I now turn to Amendment 57, in the name of my noble friend Baroness Penn among others. I hope she will understand why, unfortunately, I am not able to support this. The current scheme already provides two weeks of paid paternity leave with the ability to agree further paid leave on a unit-by-unit basis where circumstances allow. We believe that flexibility matters. Operational necessity varies enormously from unit to unit and deployment to deployment. Decisions about what additional leave is achievable are, in our view, best worked out between the individual serviceman and his commanding officer. It is that commanding officer who understands the operational picture on the ground best.
I am aware of the obvious drawback to this policy of flexibility—that it will create unequal and disparate outcomes. Some units may be more generous than others. However, I think that that is an unfortunate fact of life, and is eminently preferable to a centrally set period, fixed in statute at six weeks regardless of circumstance and operational necessity. I look forward to hearing the Minister’s response to both amendments.
My Lords, given the hour, let me deal with this head on. I shall start with Amendment 56, tabled by the noble and gallant Lord, Lord Craig. The Government, the Opposition and all of us, it seems to me, are committed to scrapping visa fees for non-UK veterans who have served for four years or more and their dependants, building on the existing fee waiver in place. Home Office and Ministry of Defence Ministers are working closely together to deliver this commitment in a way that is fair, comprehensive and achievable. I understand that the noble and gallant Lord will have heard that language before. He asked me to have an urgent conversation with the Home Office to see what progress has been made, and I will certainly do that. That is the important commitment to make. Indeed, the noble Earl, Lord Minto, asked for that as well, so let me follow that up, and I will certainly talk to the Home Office. Those there, too, will have heard the well-constructed speech by the noble and gallant Lord, Lord Craig, asking when this will happen—and it is about time it did. I hope that, with that reassurance, he can see the importance of putting amendments at Committee stage.
I turn to the powerful speech made by the noble Baroness, Lady Penn, on her Amendment 57 and the various points that she so eloquently made about childcare, family life, parental leave and all those various topics. She will know that there is a government review going on around parental leave, pay and many other issues. The review is considering costs, benefits and potential reforms across the system as a whole and principally covers civilian parental leave and pay entitlements. The MoD will consider the outcome of that review and its applicability to the Armed Forces. It would be premature to prescribe a specific six-week model for the Armed Forces, for example, before the wider review concludes. But the review is expected to conclude in early 2027, which may be of interest to the noble Baroness, so that might start to give us some reassurance about where we are going to with regard to the various points she has raised.
These are extremely important points that need to be heard. But as well as being heard, they need to be acted upon. All I can say to the noble Baroness is that her continued tabling of these amendments and continued challenges to the system to ask what more is going to be done to ensure that people get the entitlements that are needed are important. She will know that when it comes to paternity leave for all eligible personnel within the Armed Forces, there are the concerns about its impact on operational effectiveness. But surely, as we move forward, there ought to be a way of matching the desire for better family arrangements with maintaining the operational effectiveness and particular needs of the Armed Forces. We have to find a way of better balancing all those demands that she quite rightly made through her amendment, and I will certainly do that within the department as well.
The noble Baroness, Lady Bennett, raised an important point through her Amendment 67, that is continually made, about the need for subsidised travel for veterans. A number of years ago, there were very few concessions, but gradually, concession after concession was made, quite rightly, with respect to children, family tickets and all those sorts of things. We need to see what more we can do with respect to our Armed Forces and whether there are additional concessions that can be made which will be of benefit to them, to reflect the service they have given. For example, in London there is a veterans Oyster photocard, which entitles people to free travel on a range of transport services, including buses. That demonstrates to us that progress can be made, whether on transport, various family entitlements or the point made by the noble and gallant Lord on the fee waiver for leave to remain. Even to my own Government, I sometimes say, “Can we get a move on?”
My Lords, very briefly, the Minister answering my question in such a positive way is very encouraging. It certainly made my day—or perhaps I should say it has made my night. I also thank the noble Baronesses and the two noble Lords who spoke in favour of my amendment, which I thoroughly accept as very supportive.
My Lords, I thank noble Baroness, Lady Goldie, for introducing her amendments, and acknowledge the points she has made. I also thank the noble Lord, Lord Faulks, for his contribution to the debate. I say to him that clearly—not only in the context of this Bill but also within a whole range of other Bills, debates and topics—many of the cases that he mentions will be raised. There will be a more extensive debate on a whole range of those issues, and we need them to be discussed.
On the point made by the noble Baroness, Lady Brinton, about the Council of Europe, the debate about the ECHR goes on continuously. Whether anyone has raised the specifics of this amendment with it, I am simply unaware.
The ECHR provides for legally enforceable rights within the jurisdiction of the state. In some circumstances, that jurisdiction can extend beyond the territory of the state—namely, extraterritorial jurisdiction. Extraterritorial jurisdiction does not apply uniformly in relation to the various ECHR obligations, and the position has evolved over time through the case law of the UK courts and the European Court of Human Rights in Strasbourg. I understand the concerns about how extraterritorial jurisdiction of the ECHR has been interpreted, but I want to make this very important point, which gets to the heart of why this amendment should not be made. Amending the Human Rights Act directly does not change the UK’s international law obligations under the ECHR, to which this Government wish to adhere.
For instance, new Section 7A seeks to restrict the territorial extent of the Human Rights Act in relation to overseas operations. However, Article 13 of the ECHR requires the UK to provide an effective domestic remedy for anyone with an arguable claim that their convention rights have been violated. In other words, if the extraterritorial application of the Human Rights Act is removed, the UK will still need to ensure that there is a domestic remedy in respect of arguable ECHR breaches occurring in an overseas operation. Additionally, the existence of a domestic remedy separate from that provided for by the Human Rights Act would not prevent the European Court of Human Rights hearing a case where an applicant had exhausted that domestic remedy.
I thank the noble Lord for allowing me to intervene. He is right up to a point, in the sense that it is true that, provided we remain a member of the European convention, there is potentially a remedy if there is considered to be a breach of the convention right, at Strasbourg. But we chose, in 1996, to incorporate the convention in our domestic law. What this amendment is doing—the noble Baroness, Lady Goldie, may correct me if I am wrong—is amending our domestic law to restrict the remedy. Of course, ultimately, it might be possible to go to Strasbourg to pursue a remedy, but what this is concerned with doing is limiting the possibility of anybody relying on a statute passed by this Government—that is, the Human Rights Act—and seeking a remedy in our courts relying on that.
I understand the point, very well made, by the noble Lord, Lord Faulks—but that is the debate we are having. The argument the Government put forward is that the disapplication of the Human Rights Act does not prevent the application of the ECHR. That is the point that is being made, and that is the point of difference between us.
May I simply say this one thing? Until we had the Human Rights Act, we were a member of the European convention. We did not initially even have the right to go to Strasbourg. We then allowed those who wanted to bring an action to go to the Strasbourg court, but it was completely unnecessary. It was thought by the then Government—the Labour Government in fact—to incorporate the convention. So, this is considerably diluting the right, and it is an important difference. The Government may say that we need this right incorporated into our law in the United Kingdom, and that is a different point. If the Minister is simply saying yes, we are a member of the convention, and there is always a right to go to Strasbourg, then I agree with that. But that is not quite what the amendment is focusing on.
The Government would make both points; I am just speaking to the amendment. If I was not responding to the amendment but putting the whole point around the Human Rights Act and the ECHR, I would say that the Government are proud to have the Human Rights Act, which a Labour Government passed, and the consequent ability to go to the ECHR. However, I am speaking to the amendment that the noble Baroness, Lady Goldie, has moved. In doing so, we see that the disapplication of the Human Rights Act does not work as the noble Baroness wants because you can still go to the ECHR. That is the point that I am making.
For example, before derogating, an assessment must be made of whether the circumstances amount to a
“war or other public emergency threatening the life of the nation”;
whether derogation is necessary; which convention obligations require limitation, noting that some rights are absolute and cannot be departed from; and whether any measures adopted are
“strictly required by the exigencies of the situation”.
These assessments are inherently context specific. By seeking to make derogation mandatory whenever an overseas operation is deemed significant, the amendment risks replacing the individualised assessment that is required by Article 15 with a blanket statutory presumption of derogation. On the basis of this, I ask the noble Baroness to withdraw her amendment.
I promise the Minister that this is the last intervention that I will make. It is to deal with the point made by the noble Baroness, Lady Brinton. Her understanding was that the Government cannot derogate. I understand the Minister’s answer to the noble Baroness, Lady Goldie, that we want to consider the position and whether it is appropriate. However, from what I understand from the Minister, it is accepted that the Government have the right to derogate but they do not want it to be mandatory for it to be exercised in overseas operations because it will be context specific. Is that the position?
In all the time that I have been in this House, that is the first time that I have not understood what the noble Lord means. I have said what I have said and I will leave it there.
I will give it one more go; it is probably my lack of clarity. Do the Government have the right to derogate at all? That was the issue that was being raised; maybe I have misunderstood it. The Minister’s understandable answer is that the Government have the right to derogate but do not feel that this ought to be automatic because they need to consider the circumstances to decide whether it is appropriate to derogate.
The Government can make the laws and derogate should they wish to do so. I have pointed out the inconsistency of the amendment moved by the noble Baroness, Lady Gouldie, which would require us to derogate from the Human Rights Act but would not achieve her objective because it still leaves us liable to the ECHR, which would allow people to pursue it in that way.
My Lords, I think that the Minister understands fully what it is like to be grilled at the Dispatch Box in relation to the European Convention on Human Rights and the Human Rights Act.
I thank the noble Lord, Lord Faulks, and the noble Baroness, Lady Brinton, for their contributions. I am particularly grateful to the noble Lord, Lord Faulks, for his elucidation of the legal aspects of this. It is complex. There are interwoven components. I was following his interrogation of the Minister with a rather selfish interest as the Minister nobly endeavoured to respond. I am intrigued by what is emerging. I gleaned from the contributions that there is a subject here that merits debate. The conundrum is that the noble Lord, Lord Faulks, has articulated what the problem is, particularly for our troops in conflict. The noble Baroness, Lady Brinton, said that there is a problem; there is. The Minister himself conceded that this whole issue needs a more extensive debate.
Herein lies the conundrum. We all, I think, now recognise it as a problem and acknowledge that, however we have arrived this situation, the combined effect of the ECHR and the Human Rights Act is creating a challenge for our troops in conflict, which, in 2026, is a much more foreseeable prospect than perhaps it was even five years ago. I am encouraged that there seems to be a willingness to engage in this debate. This is a serious matter; I suggest to the Minister that it is not one about which either his department or his colleagues can remain passive or inert.
I am very grateful to all who have contributed, and I appreciate the Minister’s response. In the circumstances, I beg leave to withdraw the amendment.
My Lords, I, too, have signed both of the amendments tabled by the right reverend Prelate the Bishop of Norwich because I believe that they have identified two important gaps in the law.
Section 90 of the Police Act 1996 creates the offence of impersonating
“a member of a police force or special constable”.
The Act is concerned with civilian police forces in England and Wales established under it and related legislation. The definition of “special constable” is limited to one appointed for a police area. Members of the service police forces are not members of the territorial police force and are not special constables; they are members of the service police under the Armed Forces Act 2006. As a result, the person pretending to be a service police officer would not obviously fall under the wording
“members of a police force or special constable”
in Section 90. I believe that this is clearly an omission and needs to be rectified.
On Amendment 60, I believe that I am correct in saying that the definition in Section 3 of the Assaults on Emergency Workers (Offences) Act 2018 could include service police officers. Subsection 1(b) states that
“a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes”
is included within that definition. Service police officers are clearly engaged to provide services for police purposes; it might be useful for the Minister to confirm whether that is the Government’s position.
However, more importantly, that Act applies only to England and Wales, not to Scotland and Northern Ireland. Scotland has a corresponding law: the Emergency Workers (Scotland) Act 2005, which creates specific offences of assaulting, obstructing or hindering emergency workers and those assisting them. The protected categories include constables, fire and ambulance personnel, and, in certain circumstances, prison officers, coastguard personnel, RNLI crews, social workers executing child protection orders and mental health officers. Like the English and Welsh equivalent, the Scottish Act does not expressly mention service police officers. However, service police can sometimes be treated as constables when exercising powers conferred by service law or civilian legislation. Whether the 2005 Act applies to a particular service police officer will depend on the precise capacity in which they were acting at the time, thus the position regarding service police is not clear.
Northern Ireland does not have a direct equivalent of the Assaults on Emergency Workers (Offences) Act 2018 that creates a single overarching offence of assaulting emergency workers. Instead, it has a mixture of general assault offences and occupation-specific offences. A member of the Royal Military Police, Royal Navy Police or Royal Air Force Police would not automatically fall under any general “emergency worker” definition in Northern Ireland because there is no equivalent statutory definition. The problem here is that the service police work across the United Kingdom, so the differential treatment under the law of the different jurisdictions causes confusion and uncertainty.
This, coupled with the fact that service police officers are not expressly covered by the relevant treaties of legislation, means that service police are not treated as equivalent to civilian police. I think that this requires some thought from the Government; I welcome an opinion on these matters from the Minister.
I thank the noble Earl, Lord Minto, and I particularly thank the right reverend Prelate the Bishop of Norwich. I have had a number of conversations with him about this outside the Chamber. I have asked my officials to look at his Amendment 59, with respect to the impersonation of a member of the service police, and at Amendment 60, which would add service police to the list of emergency workers regarding assault. I will take those forward but to be clear, I cannot promise what the outcome will be. I personally think there is a problem with these two issues, and I look forward to continuing the discussion with him to see whether we can come forward with something at Report to plug what appear to be two gaps in the legislation.
The Lord Bishop of Norwich
My Lords, I am very grateful to the noble Baroness, Lady Smith, for her brevity at this late hour when many of us want to be tucked up in bed. It was worth staying up to hear the analysis of the noble Earl, Lord Minto. That was particularly helpful regarding the different jurisdictions around these islands, especially the potential for amending laws in Scotland and Northern Ireland. I am immensely grateful to the Minister for all his hard work on this Bill and for giving the commitment that he has to your Lordships’ House to look at this in further detail. My understanding is that the Service Protection Authority has given legal advice that it does not believe that service police fall under the definition of emergency workers. That is all part of the conversation to go on as this Bill progresses towards Report. I therefore beg leave to withdraw my amendment.
My Lords, let me just say this: none of us is going to do justice to the amendments that the noble Baroness, Lady Smith, has brought forward. She made a couple of important points, as did the noble Baroness, Lady Brinton, and the noble Lord, Lord De Mauley. I also need to respond in positively to some of what the noble Earl, Lord Minto, said; on other points, perhaps not. The important thing is that, to do this justice, I need to write a letter which looks at some of the issues raised on retention, at the transfer of health records and at the point that was made on PIP. They are important points and for me to say just two sentences on this and two sentences on that would be inadequate. With the Committee’s permission I will write a letter, copy it to Members of the Committee and place a copy in the Library. With that reassurance, I hope that the noble Baroness will see fit to withdraw her amendment.
I am grateful to all noble Lords who have contributed, particularly the noble Lord, Lord De Mauley, who cosigned Amendment 61, and my noble friend Lady Brinton. We look forward to the letter from the Minister and with that, I beg leave to withdraw the amendment.
I will finish with an upbeat message: I have never felt that I have lacked scrutiny on the defence investment plan or on accountability with respect to defence spending. I have answered numerous questions from the noble Baronesses, Lady Smith and Lady Goldie, and the noble Earl, Lord Minto. I have not felt at all that there has been a lack of scrutiny. That is as it should be, so I am perfectly happy to stand here. The amendments are completely unnecessary in terms of holding me and the Government to account. The noble Baronesses, Lady Smith and Lady Goldie, the noble Earl, Lord Minto, and most Members of this House find it extraordinarily easy to bring me to this Dispatch Box to tell me how bad the Government are, and to get me to say how hard I am working to ensure that we deliver the defence that this country needs. These amendments are completely unnecessary; there is absolutely no need for them. At this late hour, that is my answer to the noble Baroness’s amendments.
I have a couple of serious points. On the annual report, in the DIP we have committed to an annual update to Parliament before the Summer Recess each year on progress against the DIP and any changes to financial investments. The first report, which the noble Baroness, Lady Smith, asked about, will be audited by the National Audit Office and published by July 2027. I say to the noble Earl, Lord Minto—I have a fresh burst of energy now—that, unlike when we were talking about the establishment of the national reserve forces and cadets associations, where the noble Earl did not take too much notice of what the National Audit Office said because it did not fit his argument, if the National Audit Office comes forward and says that the Government’s defence investment plan is not going according to plan and that what the Government are doing is an outrage, I bet that the noble Earl will quote that report at length. That is the nature of politics; I understand that. In answer to the noble Baroness, Lady Smith, the first annual report will be published by July 2027.
Finally, the Chancellor will lay out in the Autumn Budget how the remaining £4.7 billion announced in the DIP will be found. Noble Lords will also have heard the Chancellor say that further plans will be set out in the 2027 spending review. I will finish with this: I do not know why it is a surprise to everyone in this Committee that that was said, because, if they check Hansard, they will see that I have stood at this Dispatch Box and said exactly the same thing in answer to the noble Baroness, Lady Goldie, on a number of different occasions. With that, I hope the noble Baroness sees fit to withdraw her amendment. If not, she should bring it back on Report so that we can have another debate on defence spending.
My Lords, I am grateful to the noble Earl, Lord Minto, for his support in challenging His Majesty’s Government and to the Minister for his ever-ready presence to respond at the Dispatch Box. We may well come back to the impact of DIP delays, particularly in terms of supply chains, because there are some very significant issues there, but whether they are appropriate for an amendment to this particular Bill is another question. With that, I beg leave to withdraw my amendment.