Armed Forces Commissioner Act 2024-26

2B

Clause 1, page 1, line 15, at end insert- "(aa) to investigate concerns raised by a whistleblower in relation to the welfare of persons subject to service law and relevant family members, and"

2C

Clause 4, page 5, line 12, at end insert — "340IC Commissioner's functions in relation to whistleblowing (1) The Commissioner may investigate any concern raised by a whistleblower of which the Commissioner becomes aware (whether because the whistleblower has contacted the Commissioner or for any other reason) but only if the whistleblower informs the Commissioner, before the beginning of the investigation, that he or she consents to an investigation taking place. (2) The Commissioner must, when carrying out an investigation under this section, take all reasonable precautions to ensure the anonymity of the whistleblower. (3) For the purposes of this section and section 365AA a person (“P”) is a "whistleblower" if - (a) P is subject to service law or is a relevant family member, (b) P raises a concern about a person who is subject to service law, (c) the concern raised by P relates to general service welfare matters (as defined by section 340IA(2)), and (d) the concern raised by P does not relate to the conditions of service of persons subject to service law. (4) After carrying out an investigation of a concern raised by a whistleblower under this section, the Commissioner may prepare a report setting out the Commissioner's findings. (5) A report under subsection (4) must not include information which identifies the whistleblower or enables them to be identified, except with their consent.”””

2A

at end insert— "(1A) Subsection (1B) applies if the investigation was carried out wholly or partly in response to a request made by an individual. (1B) A report under subsection (1) must not include information which identifies the individual or enables them to be identified, except with their consent.”

1

Clause 1, page 1, line 12, leave out “340IA(8)” and insert “340IA(3A)”

2

Clause 1, page 1, line 15, at end insert-"(aa) to investigate concerns raised by a whistleblower in relation to the welfare of persons subject to service law and relevant family members, and"

3

Clause 1, page 2, line 4, at end insert-"(7) For the purposes of this section a person (“P”) is a “whistleblower” if - (a) P is subject to service law or is a relevant family member, (b) P raises a concern that is about another person subject to service law, (c) the concern raised by P relates to general service welfare matters (as defined by section 340IA(2)), and (d) the concern raised by P does not relate to the conditions of service of persons subject to service law.”

4

Clause 4, page 3, line 3, at end insert - "(3A) “Relevant family members” means such descriptions of persons connected with a person subject to service law as may be specified."

5

Clause 4, page 3, leave out lines 31 to 33

6

Clause 4, page 6, line 5, leave out “340IA(4)(e)” and insert “340IA(3A) or (4)(e)”

7

Schedule 2, page 14, line 27, at end insert – "21A In section 340N- (a) in subsection (1) – (i) in the words before paragraph (a), after “the communication” insert "("P")"; (ii) in each of paragraphs (a) and (b), for “his or her” substitute “P’s”; (iii) in paragraph (b), for “the person” substitute “P”; (iv) in the words after paragraph (b), for “officer” substitute “person”; (b) in subsection (2) – (i) for “officer”, in each place, substitute “person”; (ii) for "by the person" substitute “by P”; (c) in subsection (3) - (i) in the words before paragraph (a), for “officer” substitute "person"; (ii) in each of paragraphs (a), (b) and (c), for “the person” substitute "p"."

8

Clause 4, page 3, line 28, at end insert—<br> “(7A) The Commissioner must where relevant, with particular reference to service people and relevant family members under the age of 18, consult with the Children’s Commissioner and other relevant departments, bodies and individuals with particular responsibility for child welfare.”

3

Clause 1, page 1, line 15, at end insert—<br> “(aa) to investigate concerns raised by a whistleblower in relation to the welfare of persons subject to service law and relevant family members, and”

<p>This amendment would introduce a whistleblowing function into the functions of the Commissioner.</p>

4

Clause 1, page 2, line 2, at end insert—<br> “(5A) The Commissioner must—<br> (a) uphold and give due regard to the principles and commitments of the Armed Forces Covenant when carrying out its functions;<br> (b) monitor and report on compliance with the principles and commitments of the Armed Forces Covenant in all areas of its responsibility.”

<p>This amendment would require the Commissioner to uphold and abide by the principles of the Armed Forces Covenant when carrying out its functions.</p>

5

Clause 1, page 2, line 4, at end insert—<br> “(7) For the purposes of this section a person (“P”) is a “whistleblower” if—<br> (a) P is subject to service law or is a relevant family member,<br> (b) P raises a concern that is about another person subject to service law,<br> (c) the concern raised by P relates to general service welfare matters (as defined by section 340IA(2)), and<br> (d) the concern raised by P does not relate to the conditions of service of persons subject to service law.”

<p>This amendment defines whistleblowers for the purposes of the other amendment in Baroness Goldie’s name to Clause 1.</p>

10

Clause 4, page 4, line 38, at end insert—<br> “(7A) Nothing in this section negates the authority of the Commanding Officer of service premises in relation to access to such service premises.”

<p>This amendment seeks to ensure that the Commanding Officers of service premises retain ultimate authority relating to access to those premises.</p>

2

Clause 1, page 1, line 12, leave out “340IA(8)” and insert “340IA(3A)”

<p>This amendment is consequential on my amendments of clause 4.</p>

7

Clause 4, page 3, line 3, at end insert—<br> “(3A) “Relevant family members” means such descriptions of persons connected with a person subject to service law as may be specified.”

<p>This amendment and my other amendments of clause 4 provide for regulations which specify the meaning of “relevant family members” for the purposes of the Commissioner’s work to be subject to the affirmative Parliamentary procedure.</p>

9

Clause 4, page 3, leave out lines 31 to 33

<p>See the explanatory statement to my amendment of clause 4, page 3, line 3.</p>

11

Clause 4, page 6, line 5, leave out “340IA(4)(e)” and insert “340IA(3A) or ”<br>(4)(e)

<p>See the explanatory statement to my amendment of clause 4, page 3, line 3.</p>

13

Schedule 1, page 8, line 16, at end insert—<br> ““3A <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The Secretary of State must not make a recommendation to His Majesty under paragraph 3 unless the recommendation has been laid before and approved by the relevant Parliamentary Committee in both Houses.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">References in this paragraph to the relevant Parliamentary Committees are references to—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">both the Defence Committee in the House of Commons and the Committee charged with this responsibility in the House of Lords, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the Joint Committee of both Houses which—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(i)</span><span class="sub-para-text">is charged with responsibility by those Houses for the purposes of this paragraph, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(ii)</span><span class="sub-para-text">has notified the Secretary of State that it is a relevant Parliamentary Committee for those purposes.”</span></span>

<p>This amendment would mean the Secretary of State could not recommend a candidate to be appointed Armed Forces Commissioner to His Majesty until relevant select committees in both Houses of Parliament have approved that candidate.</p>

14

Schedule 1, page 10, line 32, leave out “may” and insert “must”

<p>This amendment would require the Secretary of State to provide financial assistance to the Commissioner.</p>

15

Schedule 2, page 14, line 27, at end insert—<br> “21A In section 340N—<br> (a) in subsection (1)—<br> (i) in the words before paragraph (a), after “the communication” insert “(“P”)”;<br> (ii) in each of paragraphs (a) and (b), for “his or her” substitute “P’s”;<br> (iii) in paragraph (b), for “the person” substitute “P”;<br> (iv) in the words after paragraph (b), for “officer” substitute “person”;<br> (b) in subsection (2)—<br> (i) for “officer”, in each place, substitute “person”;<br> (ii) for “by the person” substitute “by P”;<br> (c) in subsection (3)—<br> (i) in the words before paragraph (a), for “officer” substitute “person”;<br> (ii) in each of paragraphs (a), (b) and (c), for “the person” substitute “P”.”

<p>This amendment makes provision that is consequential on clause 3.</p>

1

Clause 1, page 1, line 10, after “law” insert “, individuals engaged in the recruitment process for the armed forces (as defined by section (<i>Use of the Commissioner</i>)),”

6

After Clause 1, insert the following new Clause—<br> <b>“Use of the Commissioner</b><br> (1) An individual engaging in any element of the recruitment process, but not before attendance at an assessment centre, must have access to the Commissioner for its intended purposes.<br> (2) Subsection (1) includes individuals which have—<br> (a) engaged in the medical process;<br> (b) engaged in any physical or cognitive assessment;<br> (c) fulfilled an overnight stay requirement;<br> (d) engaged in training.”

<p>This amendment would allow individuals who have engaged in the armed forces recruitment process including and following attendance at an assessment centre to have access to the functions of the Armed Forces Commissioner.</p>

12

After Clause 4, insert the following new Clause—<br> <b>“Relevant family members</b><br> (1) A person is a “relevant family member” for the purposes of section 365AA and section 340IA of the Armed Forces Act 2006 where, in relation to a person subject to service law (A), the person is any of the following—<br> (a) A’s spouse or civil partner;<br> (b) a child of A or of A’s spouse or civil partner;<br> (c) a person whose child is A;<br> (d) a brother or sister, or step-brother or step-sister of A;<br> (e) a relative of A or of A’s spouse or civil partner where the relative is one of the following—<br> (i) a member of A’s household,<br> (ii) wholly or mainly financially dependent on A or A’s spouse or civil partner, or<br> (iii) someone for whom A or A’s spouse or civil partner has assumed regular and substantial caring responsibilities;<br> (f) where A is deceased, anyone who was a relevant family member of A under paragraphs (a) to (e) immediately before A’s death.<br> (2) In this section—<br> “child” means a person (C) who meets one or more of the following conditions in relation to another person (P)—<br> (a) P is the parent or step-parent of C;<br> (b) P has or had parental responsibility for C within the meaning of section 3 of the Children Act 1989;<br> (c) C, while under the age of 18 years, is or was—<br> (i) wholly or mainly financially dependent on P, or<br> (ii) someone for whom P has or had assumed regular and substantial caring responsibilities;<br> “relative” , in relation to A or A’s spouse or civil partner, means any of the following—<br> (a) a parent or step-parent of A’s spouse or civil partner;<br> (b) a grandparent, step-grandparent, great grand-parent, step-great-grandparent, grandchild, step-grandchild, great-grandchild or step-great-grandchild of A or of A’s spouse or civil partner;<br> (c) the brother or sister, or step-brother or step-sister of A’s spouse or civil partner;<br> (d) the uncle, great-uncle, aunt, great-aunt, niece, great-niece, nephew, great-nephew, or first cousin (including by marriage or civil partnership) of A or of A’s spouse or civil partner.<br> (3) For the purposes of this section, references to A’s spouse or civil partner includes—<br> (a) a person whose relationship with A is akin to a relationship between spouses or civil partners;<br> (b) a former spouse or civil partner of a person whose relationship with A was formerly akin to a relationship between spouses or civil partners.<br> (4) For the purposes of paragraph (1)(e), references to a person being a member of A’s household includes references to a person who would be living in the same household as A but for the fact that A is temporarily living at another address for service reasons.”

<p>This amendment specifies those persons who are relevant family members of persons subject to service law for the purposes of section 365AA and section 340IA of the Armed Forces Act 2006.</p>

21A

After Clause 5, insert the following new Clause—<br> <b>“Duty to consider the lived experience of Reserve Service Personnel</b><br> In carrying out their functions under this Act, the Armed Forces Commissioner must give equal consideration to the lived experience of Reserve Service Personnel and Regular Service Personnel.”

21B

After Clause 5, insert the following new Clause—<br> <b>“Duty to consult with heads of reserves</b><br> In carrying out their functions under this Act, the Armed Forces Commissioner must consult with the heads of the Army, Royal Navy and Royal Air Force reserves before implementing any changes which will affect Reserve Service Personnel.”

13

Clause 4, page 4, line 18, leave out from “proposal” to end of line 19 and insert “at least seven days before the Commissioner intends to exercise the power under subsection (1).”

<p>This amendment provides that the Commissioner must give the Secretary of State a minimum of seven days’ notice before entering service premises.</p>

2

Clause 1, page 2, line 4, at end insert—<br> “(7) For the purposes of this section, “persons subject to service law” includes people going through the recruitment process to join any branch of the armed forces, and “relevant family members” includes the family members of people going through any such recruitment process.”

<p>This amendment would allow those currently going through the recruitment process to join the armed forces to use the Armed Forces Commissioner for its intended purposes.</p>

4

Schedule 1, page 8, line 16, at end insert—<br> “3A The Secretary of State’s preferred candidate for Commissioner must make themselves available to any relevant parliamentary committee for a pre-appointment hearing.<br> 3B For the purposes of this Schedule, a “relevant parliamentary committee” is a committee of the House of Commons or House of Lords whose remit includes matters specifically related to the armed forces.<br> 3C If a pre-appointment hearing takes place, the parliamentary committee in question may hold a confirmatory vote on the Secretary of State’s preferred candidate for Commissioner.<br> 3D Where a relevant parliamentary committee has expressed a negative opinion on the appointment of the Secretary of State’s preferred candidate for Commissioner, the Secretary of State cannot proceed with the appointment of that candidate until they have responded to the committee’s representations, after which the committee may hold a second confirmatory vote.<br> 3E The Secretary of State may only recommend the appointment of a candidate to His Majesty if—<br> (a) no relevant parliamentary committee has expressed a negative opinion on that appointment, or<br> (b) any relevant parliamentary committee which initially expressed a negative opinion on the proposed appointment has revised that opinion in light of the response from the Secretary of State.”

<p>This amendment would mean that the Commissioner cannot be appointed if a relevant parliamentary select committee objects to their appointment.</p>

12

At the end of inserted subsection (1), insert—<br> “(f) under the age of 18;<br> (g) service personnel who joined the forces when under the age of 18.”

25

Clause 7, page 6, line 27, at end insert—<br> “(za) section 4A;”

1

Clause 1, page 2, line 2, at end insert—<br> “(5A) The Commissioner must—<br> (a) uphold and give due regard to the principles and commitments of the Armed Forces Covenant when carrying out its functions;<br> (b) monitor and report on compliance with the principles and commitments of the Armed Forces Covenant in all areas of its responsibility.”

<p>This amendment would require the Commissioner to uphold and abide by the principles of the Armed Forces Covenant when carrying out its functions.</p>

14

Clause 4, page 4, line 19, at end insert—<br> “(3A) Once the Commissioner has given the notice to the Secretary of State under subsection (3), the Secretary of State must, as soon as is practicable, inform the commanding officer of the relevant service premises that the Commissioner proposes to exercise its power under subsection (1).”

<p>This amendment requires the Secretary of State to notify the commanding officer of the service premises when the Commissioner intends to exercise their power of entry.</p>

15

Clause 4, page 4, leave out lines 20 to 22 and insert—<br> “(4) Subsections (3) and (3A) do not apply, so far as relating to service premises in the United Kingdom, if—<br> (a) the Commissioner reasonably believes there to be an immediate possibility of the destruction of evidence relating to an investigation under section 340IA of this Act, or<br> (b) the Commissioner reasonably believes that there is an immediate risk to the safety of persons subject to service law.<br> (4A) Where the Commissioner does not give the Secretary of State notice of their intent to exercise the power under subsection (1) as per subsection (4), the Commissioner must inform the Secretary of State in writing as to the reasons for their decision.”

3

Schedule 1, page 8, line 16, at end insert—<br> “3A The Secretary of State must not make a recommendation to His Majesty under paragraph 3 until the recommendation has been laid before, and approved by a resolution of, each House of Parliament.”

<p>This amendment would mean the Secretary of State could not recommend a candidate to be appointed Armed Forces Commissioner to His Majesty until both Houses of Parliament have approved that candidate.</p>

16

Clause 4, page 5, line 12, at end insert—<br> <b>“340IC</b> <b>Commissioner’s functions in relation to whistleblowing</b><br> (1) The Commissioner may investigate any concern raised by a whistleblower of which the Commissioner becomes aware (whether because the whistleblower has contacted the Commissioner or for any other reason) but only if the whistleblower informs the Commissioner, before the beginning of the investigation, that he or she consents to an investigation taking place.<br> (2) In deciding whether to investigate, the Commissioner must take into account the public interest.<br> (3) The Commissioner must, when carrying out an investigation under this section, take all reasonable precautions to ensure the anonymity of the whistleblower.<br> (4) For the purposes of this section, a person is a “whistleblower” if—<br> (a) the person is, or was at any time, subject to service law,<br> (b) the person raises a concern that is about another person subject to service law, and<br> (c) the matter to which the concern relates is not about the conditions of service of persons subject to service law.”

<p>This amendment creates a new whistleblowing duty for the Commissioner, to ensure service personnel can raise concerns with anonymity.</p>

5

Schedule 1, page 8, line 28, leave out “two” and insert “five”

<p>This amendment would allow the Commissioner to sit for two consecutive terms of five years each.</p>

17

Clause 4, page 5, line 22, at end insert—<br> “(aa) the report must include the Commissioner’s view on whether the relevant general service welfare issue has had, or may have, an effect on the recruitment and retention of armed forces personnel,”

18

Clause 4, page 6, line 2, at end insert—<br> “(4A) After section 340O (annual report on system for dealing with service complaints), insert—<br> <b>“340OA </b> <b>Annual report on the work of the Commissioner</b><br> (1) The Commissioner must, for each calendar year, prepare a report covering—<br> (a) the actions taken by the Commissioner to promote and improve the welfare of persons subject to service law and relevant family members;<br> (b) the initiatives undertaken by the Commissioner to enhance public awareness of welfare issues faced by persons subject to service law and relevant family members;<br> (c) the resources used by the Commissioner in fulfilling its functions, and any further resources required.<br> (2) On receiving a report under this section, the Secretary of State must lay it before Parliament promptly and, in any event, before the end of 30 sitting days beginning with the day on which the report is received.<br> “Sitting day” means a day on which both Houses of Parliament sit.<br> (3) The Secretary of State may exclude from any report laid under this section any material the publication of which the Secretary of State considers—<br> (a) would be against the interests of national security;<br> (b) might jeopardise the safety of any person.<br> (4) Within three months of the receipt of any report prepared by the Commissioner under this section, the Secretary of State must publish a response to the report which includes an overview of any measures taken or planned to be taken to address any resource issues identified by the Commissioner.””

<p>This amendment would require the Commissioner to publish an annual report on the work it had done to improve the welfare of service personnel and public awareness of welfare issues faced by service personnel and their families.</p>

6

Schedule 1, page 10, line 32, leave out “may” and insert “must”

<p>This amendment would require the Secretary of State to provide financial assistance to the Commissioner.</p>

19

After Clause 4, insert the following new Clause—<br> <b>“Report: Commissioner’s interaction with the Service Police Complaints Commissioner</b><br> (1) Within six months of the day on which this Act is passed, the Secretary of State must publish a report on the interaction between the roles of the Armed Forces Commissioner and the Service Police Complaints Commissioner.<br> (2) The report under subsection (1) must be laid before Parliament.”

7

Schedule 1, page 10, line 39, at end insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The Secretary of State must ensure that the financial and practical assistance provided to the Commissioner is appropriate and sufficient to allow the Commissioner to carry out its functions.”</span></span>

<p>This amendment would require the Secretary of State to provide adequate financial and practical assistance to the Commissioner to enable it to carry out its functions.</p>

8

Clause 4, page 2, line 35, at end insert—<br> “(2A) A “general service welfare matter” may include issues relating to the wellbeing of, and provision of support to, the children, families and other dependants of serving and former members of the armed forces, including but not limited to—<br> (a) the provision and operation of the Continuity of Education Allowance,<br> (b) the provision of special educational needs tuition, and<br> (c) the maintenance of service families’ accommodation.”

9

Clause 4, page 2, line 35, at end insert—<br> “(2A) A “general service welfare matter” may include issues relating to the provision of pensions and death in service benefits to serving and former members of the armed forces and their dependants.”

21

After Clause 5, insert the following new Clause—<br> <b>“Timeframe for implementation of this Act</b><br> The Secretary of State must, within one month of the day on which this Act is passed, publish an intended timeframe for—<br> (a) the appointment of the Commissioner;<br> (b) the abolishing of the office of the Service Complaints Ombudsman;<br> (c) the commencement of operations of the office of the Commissioner.”

<p>This amendment would require the Secretary of State to state when they intend to appoint a Commissioner and get the office of the Commissioner operational.</p>

10

Clause 4, page 3, line 31, after “means” insert “kinship carers and the family members of deceased service personnel as well as other”

<p>This amendment would include kinship carers and the family members of deceased service personnel in the definition of ‘relevant family members’.</p>

11

Clause 4, page 3, line 35, at end insert—<br> <b>“340IAA </b> <b>Commissioner support for minority groups within service personnel</b><br> (1) When investigating general service welfare matters under section 340IA, the Commissioner must consider the specific experiences of minority groups within service personnel, including but not limited to those who are—<br> (a) female;<br> (b) BAME;<br> (c) not UK citizens;<br> (d) LGBT+;<br> (e) disabled.<br> (2) The Commissioner may investigate service welfare matters unique to one or more of these groups of service personnel.<br> (3) The Commissioner must maintain up-to-date evidence on the experiences of these groups of service personnel and develop robust community engagement mechanisms to identify and address issues specific to these groups.<br> (4) The Commissioner must establish a formal network of representation to enable the views and concerns of these groups of service personnel to be communicated to the Commissioner.<br> (5) The Commissioner must publish an annual report outlining—<br> (a) the issues facing and concerns raised by these groups of service personnel;<br> (b) the actions taken by the Commissioner to address identified issues;<br> (c) the progress made in improving conditions for these groups of service personnel.”

<p>This amendment would require the Commissioner to take specific action to consider and address welfare issues facing service personnel from minority groups.</p>

22

Schedule 2, page 12, line 14, leave out from “2000,” to end of line 15 and insert “for “Service Complaints Ombudsman” substitute “Armed Forces Commissioner”.”

<p>This amendment makes the Commissioner subject to the Freedom of Information Act 2000.</p>

24

Clause 6, page 6, line 24, leave out “, except Gibraltar”

None

Clause 4, page 4, line 18, leave out from “proposal” to end of line 19 and insert “within the period of seven days before the Commissioner intends to exercise the power under subsection (1)."

None

Clause 7, page 6, line 27, at end insert- "(aa) section 4A"

20

After Clause 5, insert the following new Clause—<br> <b>“Engagement with the Veterans’ Commissioners</b><br> (1) In carrying out their functions under this Act, the Armed Forces Commissioner must regularly consult with the Veterans’ Commissioners for Wales, Scotland and Northern Ireland.<br> (2) Engagement with the Veterans’ Commissioners under subsection (1) must have the primary aim of coordinating to address the needs of serving members of the Armed Forces and veterans across the United Kingdom.”

23

Schedule 2, page 14, line 27, at end insert—<br> “21A In section 340N—<br> (a) in subsection (1)—<br> (i) in the words before paragraph (a), after “the communication” insert “(“P”)”;<br> (ii) in each of paragraphs (a) and (b), for “his or her” substitute “P’s”;<br> (iii) in paragraph (b), for “the person” substitute “P”;<br> (iv) in the words after paragraph (b), for “officer” substitute “person”;<br> (b) in subsection (2)—<br> (i) for “officer”, in each place, substitute “person”;<br> (ii) for “by the person” substitute “by P”;<br> (c) in subsection (3)—<br> (i) in the words before paragraph (a), for “officer” substitute “person”;<br> (ii) in each of paragraphs (a), (b) and (c), for “the person” substitute “P”.”

<p>This amendment makes provision that is consequential on clause 3.</p>

NC2

To move the following Clause—<br> <b>“Commissioner’s interaction with Veterans Commissioners</b><br> Within one year of the passing of this Act, the Secretary of State must publish details of—<br> (a) whether or how the Commissioner will work with the National Veterans Commissioner, the Scottish Veterans Commissioner, the Veterans Commissioner for Wales, the Northern Ireland Veterans Commissioner and the Chairman of the Independent Commission for Reconciliation & Information Recovery;<br> (b) whether or how the Commissioner and Secretary of State will ensure that veterans receive appropriate and necessary support.”

<p>This new clause would require the Secretary of State to make clear how the Commissioner will work with the Veterans Commissioners and related bodies.</p>

8

Clause 1, page 2, line 2, at end insert—<br> “(5A) The Commissioner shall operate independently from—<br> (a) the Ministry of Defence;<br> (b) the Armed Forces, including the chain of command; and<br> (c) any other government bodies;<br> <span class="wrapped">and shall be free from any influence of interference in the exercise of the Commissioner’s functions.”</span>

<p>This amendment would require the Commissioner to be independent from the Government, the Armed Forces and any interference in the carrying out of their duties.</p>

9

Clause 4, page 2, line 35, at end insert—<br> “(2A) A “general service welfare matter” may include issues relating to the provision of pensions and death in service benefits to serving and former members of the armed forces and their dependents.”

<p>The amendment would enable the Commissioner to include matters relating to pensions and other such benefits, including death in service benefits, in their investigation of service welfare matters.</p>

10

Clause 4, page 2, line 35, at end insert—<br> “(2A) A “general service welfare matter” may include issues relating to the wellbeing of, and provision of support to, the children, families and other dependents of serving and former members of the armed forces, including but not limited to—<br> (a) the provision and operation of the Continuity of Education Allowance;<br> (b) the provision of Special Educational Needs tuition; and<br> (c) the maintenance of service families’ accommodation.”

<p>This amendment would enable the Commissioner to include matters relating to the wellbeing of, and provision of support to, the children, families and other dependents of serving and former members of the armed forces in the Commissioner’s investigation of service welfare matters.</p>

11

Clause 4, page 5, line 22, at end insert—<br> “(aa) the report must include the Commissioner’s view on whether the relevant general service welfare issue has had, or may have, an effect on the retention of armed forces personnel; and”

<p>This amendment would require a report by the Commissioner on a general service welfare matter to include the Commissioner’s view on whether the issue affects the retention of armed forces personnel.</p>

NC1

To move the following Clause—<br> <b>“Applicability to prospective recruits</b><br> In this Act, any reference to “service personnel” or “persons subject to service law” includes people going through the recruitment process to join any branch of the armed forces.”

<p>This new clause would allow those currently going through the recruitment process to join the armed forces to use the Armed Forces Commissioner for its intended purposes.</p>

7

Clause 1, page 2, line 2, at end insert—<br> “(5A) The Commissioner must—<br> (a) uphold and give due regard to the principles and commitments of the Armed Forces Covenant when carrying out its functions;<br> (b) monitor and report on compliance with the principles and commitments of the Armed Forces Covenant in all areas of its responsibility.”

<p>This amendment would require the Commissioner to uphold and abide by the principles of the Armed Forces Covenant when carrying out its functions.</p>

6

Clause 1, page 2, line 10, at end insert—<br> “(5) The Secretary of State will, within 6 months of the passing of this Act, publish an intended time frame for—<br> (a) the appointment of the Commissioner;<br> (b) the abolishing of the office of the Service Complaints Ombudsman;<br> (c) the commencement of operations of the office of the Commissioner.”

<p>This amendment would require the Secretary of State to state when they intend to appoint a Commissioner and get the office of the Commissioner operational.</p>

1

Clause 4, page 3, line 31, after “means” insert “kinship carers and the family members of deceased service personnel as well as other”

<p>This amendment would include kinship carers and the family members of deceased service personnel in the definition of ”relevant family members”.</p>

2

Clause 4, page 3, line 35, at end insert—<br> <b>“340IAA</b> <b>Commissioner support for minority groups within service personnel</b><br> (1) When investigating general service welfare matters under section 340IA, the Commissioner must consider the specific experiences of minority groups within service personnel, including but not limited to—<br> (a) female;<br> (b) BAME<br> (c) non-UK; and<br> (d) LGBT+<br> <span class="wrapped">service personnel.</span><br> (2) The Commissioner may investigate service welfare matters unique to one or more of these groups of service personnel.<br> (3) The Commissioner must maintain up-to-date evidence on the experiences of these groups of service personnel and develop robust community engagement mechanisms to identify and address issues specific to these groups.<br> (4) The Commissioner must establish a formal network of representation to enable the views and concerns of these groups of service personnel to be communicated to the Commissioner.<br> (5) The Commissioner must publish an annual report outlining—<br> (a) the issues facing and concerns raised by these groups of service personnel;<br> (b) the actions taken by the Commissioner to address identified issues;<br> (c) the progress made in improving conditions for these groups of service personnel.”

<p>This amendment would require the Commissioner to take specific action to consider and address welfare issues facing service personnel from minority groups.</p>

4

Clause 4, page 6, line 2, at end insert—<br> “(4A) After section 340O (annual report on system for dealing with service complaints) insert—<br> <b>“340OA</b> <b>Annual report on the work of the Commissioner</b><br> (1) The Commissioner must, for each calendar year, prepare a report covering—<br> (a) the actions taken by the Commissioner to promote and improve the welfare of persons subject to service law and relevant family members;<br> (b) the initiatives undertaken by the Commissioner to enhance public awareness of welfare issues faced by persons subject to service law and relevant family members;<br> (c) the resources used by the Commissioner in fulfilling its functions, and any further resources required.<br> (2) On receiving a report under this section, the Secretary of State must lay it before Parliament promptly and, in any event, before the end of 30 sitting days beginning with the day on which the report is received.<br> “Sitting day” means a day on which both Houses of Parliament sit.<br> (3) The Secretary of State may exclude from any report laid under this section any material the publication of which the Secretary of State considers—<br> (a) would be against the interests of national security;<br> (b) might jeopardise the safety of any person.<br> (4) With three months of the receipt of any report prepared by the Commissioner under this section, the Secretary of State must publish a response to the report which includes an overview of any measures taken or planned to be taken to address any resource issues identified by the Commissioner.””

<p>This amendment would require the Commissioner to publish an annual report on the work it had done to improve the welfare of service personnel and public awareness of welfare issues faced by service personnel and their families.</p>

5

Schedule 1, page 8, leave out lines 15 and 16 and insert—<br> “3 A relevant Parliamentary select committee will hold a pre-appointment hearing with the Secretary of State’s preferred candidate for Commissioner.<br> 3A The select committee may hold a confirmatory vote on the Secretary of State’s preferred candidate for Commissioner.<br> 3B Where a select committee has expressed a negative opinion on the appointment of the Secretary of State’s preferred candidate for Commissioner, the Secretary of State may not proceed with the appointment of that candidate without appearing before the select committee to address the concerns raised by the committee.<br> 3C If the select committee maintains its negative opinion following the further appearance of the Secretary of State, the Secretary of State may not proceed with the appointment of that candidate.<br> 3D Where a select committee has expressed a positive opinion on the appointment of the Secretary of State’s preferred candidate for Commissioner, including after a further appearance before the committee of the Secretary of State, the Secretary of State may recommend the appointment of the candidate to His Majesty.<br> 3E The Commissioner is to be appointed by His Majesty on the recommendation of the Secretary of State.”

<p>This amendment would mean that the Commissioner can only be appointed after appearing before a relevant select committee and obtaining its approval.</p>

3

Schedule 1, page 10, line 39, at end insert—<br> “(3) The Secretary of State must ensure that the financial and practical assistance provided to the Commissioner is appropriate and sufficient to allow the Commissioner to carry out its functions.”

<p>This amendment would require the Secretary of State to provide adequate financial and practical assistance to the Commissioner to enable it to carry out its functions.</p>

7

Clause 1, page 2, line 2, at end insert—<br> “(5A) The Commissioner must—<br> (a) uphold and give due regard to the principles and commitments of the Armed Forces Covenant when carrying out their functions;<br> (b) monitor and report on compliance with the principles and commitments of the Armed Forces Covenant in all areas of their responsibility.”

<p>This amendment would require the Commissioner to uphold and abide by the principles of the Armed Forces Covenant when carrying out their functions.</p>

8

Clause 1, page 2, line 2, at end insert—<br> “(5A) The Commissioner shall operate independently from –<br> (a) the Ministry of Defence;<br> (b) the armed forces; and<br> (c) any other government bodies<br> <span class="wrapped">and shall be free from any influence or interference in the exercise of the Commissioner’s functions.”</span>

<p>This amendment would require the Commissioner to be independent from the Government and the armed forces and from any interference in the carrying out of their duties.</p>

6

Clause 1, page 2, line 10, at end insert—<br> “(5) The Secretary of State will, within 6 months of the passing of this Act, publish an intended timeframe for—<br> (a) the appointment of the Commissioner;<br> (b) the abolishing of the office of the Service Complaints Ombudsman;<br> (c) the commencement of operations of the office of the Commissioner.”

<p>This amendment would require the Secretary of State to state when they intend to appoint a Commissioner and get the office of the Commissioner operational.</p>

5

Schedule 1, page 8, leave out lines 15 and 16 and insert—<br> “3  A relevant Parliamentary select committee will hold a pre-appointment hearing with the Secretary of State’s preferred candidate for Commissioner.<br> 3A The select committee may hold a confirmatory vote on the Secretary of State’s preferred candidate for Commissioner.<br> 3B Where a select committee has expressed a negative opinion on the appointment of the Secretary of State’s preferred candidate for Commissioner, the Secretary of State may not proceed with the appointment of that candidate without appearing before the select committee to address the concerns raised by the committee.<br> 3C If the select committee maintains its negative opinion following the further appearance of the Secretary of State, the Secretary of State may not proceed with the appointment of that candidate.<br> 3D Where a select committee has expressed a positive opinion on the appointment of the Secretary of State’s preferred candidate for Commissioner, including after a further appearance before the committee of the Secretary of State, the Secretary of State may recommend the appointment of the candidate to His Majesty.<br> 3E The Commissioner is to be appointed by His Majesty on the recommendation of the Secretary of State.”

<p>This amendment would mean that the Commissioner can only be appointed after appearing before a relevant select committee and obtaining its approval.</p>

9

Schedule 1, page 9, line 34, at end insert—<br> “(1A) The Commissioner’s staff must include a King’s Counsel, with responsibility for providing the Commissioner with advice on legal issues arising in the course of the Commissioner’s work of promoting and investigating general service welfare.”

<p>This amendment would require the Commissioner’s staff to include a KC to provide legal advice to the Commissioner on legal issues arising in the course of their work.</p>

10

Schedule 1, page 10, line 33, at end insert—<br> “(1A) Financial assistance provided to the Commissioner by the Secretary of State must increase annually by a measure determined by the increase in the Consumer Prices Index 12-month rate published by the Office for National Statistics.”

<p>This amendment would require the financial assistance provided to the Commissioner to increase with inflation.</p>

3

Schedule 1, page 10, line 39, at end insert—<br> “(3) The Secretary of State must ensure that the financial and practical assistance provided to the Commissioner is appropriate and sufficient to allow the Commissioner to carry out their functions.”

<p>This amendment would require the Secretary of State to provide adequate financial and practical assistance to the Commissioner to enable it to carry out their functions.</p>

11

Clause 2, page 2, line 15, at end insert—<br> “(2) Once the functions of the Service Complaints Ombudsman become functions of the Commissioner, the Commissioner will investigate individual service complaints in the same manner as they were previously investigated by the Service Complaints Ombudsman.”

<p>This amendment would clarify that the Commissioner will investigate individual service complaints, as the Service Complaints Ombudsman did, as well as investigating general issues and publishing thematic reports.</p>

12

Clause 4, page 2, line 35, at end insert—<br> “(2A) A “general service welfare matter” may include issues relating to the provision of pensions and other related benefits to serving and former members of the armed forces.”

<p>This amendment would enable the Commissioner to include matters relating to pensions and other such benefits in their investigations of general service welfare matters.</p>

1

Clause 4, page 3, line 31, after “means” insert “kinship carers and the family members of deceased service personnel as well as other”

<p>This amendment would include kinship carers and the family members of deceased service personnel in the definition of “relevant family members”.</p>

2

Clause 4, page 3, line 35, at end insert—<br> <b>“340IAA</b> <b>Commissioner support for minority groups within service personnel</b><br> (1) When investigating general service welfare matters under section 340IA, the Commissioner must consider the specific experiences of minority groups within service personnel, including but not limited to—<br> (a) female and transgender;<br> (b) BAME;<br> (c) non-UK; and<br> (d) LGBTQIA+<br> <span class="wrapped">service personnel.</span><br> (2) The Commissioner may investigate service welfare matters unique to one or more of these groups of service personnel.<br> (3) The Commissioner must maintain up-to-date evidence on the experiences of these groups of service personnel and develop robust community engagement mechanisms to identify and address issues specific to these groups.<br> (4) The Commissioner must establish a formal network of representation to enable the views and concerns of these groups of service personnel to be communicated to the Commissioner.<br> (5) The Commissioner must publish an annual report outlining—<br> (a) the issues facing and concerns raised by these groups of service personnel;<br> (b) the actions taken by the Commissioner to address identified issues;<br> (c) the progress made in improving conditions for these groups of service personnel.”

<p>This amendment would require the Commissioner to take specific action to consider and address welfare issues facing service personnel from minority groups.</p>

4

Clause 4, page 6, line 2, at end insert—<br> “(4A) After section 340O (annual report on system for dealing with service complaints), insert—<br> <b>“340OA</b> <b>Annual report on the work of the Commissioner</b><br> (1) The Commissioner must, for each calendar year, prepare a report covering—<br> (a) the actions taken by the Commissioner to promote and improve the welfare of persons subject to service law and relevant family members;<br> (b) the initiatives undertaken by the Commissioner to enhance public awareness of welfare issues faced by persons subject to service law and relevant family members;<br> (c) the resources used by the Commissioner in fulfilling their functions, and any further resources required.<br> (2) On receiving a report under this section, the Secretary of State must lay it before Parliament promptly and, in any event, before the end of 30 sitting days beginning with the day on which the report is received.<br> “Sitting day” means a day on which both Houses of Parliament sit.<br> (3) The Secretary of State may exclude from any report laid under this section any material the publication of which the Secretary of State considers—<br> (a) would be against the interests of national security;<br> (b) might jeopardise the safety of any person.<br> (4) With three months of the receipt of any report prepared by the Commissioner under this section, the Secretary of State must publish a response to the report which includes an overview of any measures taken or planned to be taken to address any resource issues identified by the Commissioner.””

<p>This amendment would require the Commissioner to publish an annual report on the work it had done to improve the welfare of service personnel and public awareness of welfare issues faced by service personnel and their families.</p>

NC1

To move the following Clause—<br> <b>“Applicability to prospective recruits</b><br> In this Act, any reference to “service personnel” or “persons subject to service law” includes people going through the recruitment process to join any branch of the armed forces.”

<p>This new clause would bring those currently going through the recruitment process to join the armed forces within the remit of the Armed Forces Commissioner.</p>

NC2

To move the following Clause—<br> <b>“Commissioner’s interaction with Veterans Commissioners</b><br> Within one year of the passing of this Act, the Secretary of State must publish details of –<br> (a) how the Commissioner will work with the National Veterans Commissioner, the Scottish Veterans Commissioner, the Veterans Commissioner for Wales and the Northern Ireland Veterans Commissioner;<br> (b) how the Commissioner and the Secretary of State will each ensure that veterans receive appropriate and necessary support.”

<p>This new clause would require the Secretary of State to make clear how the Commissioner will work with the Veterans Commissioners.</p>