The Minister for the Armed Forces (Luke Pollard)
I beg to move,
That the draft Armed Forces Act 2006 (Continuation) Order 2025, which was laid before this House on 9 June, be approved.
The draft order will address the constitutional requirement, under the Bill of Rights 1688, that a standing Army, and by extension the Royal Navy and the Royal Air Force, must receive the consent of Parliament. The draft order provides that consent by continuing into force for another year the Armed Forces Act 2006, the legislation that governs the armed forces. This debate usually takes place in a Delegated Legislation Committee, before returning to the Floor of the House for approval. Given the significance to the country of both the armed forces and the democratic oversight that Parliament provides, it is fitting that the debate is today being afforded time on the Floor of the House. That enables all Members who wish to contribute to do so, for as the strategic defence review has shown, we must put our people at the heart of defence—I know that on all sides of the House there is strong support for our people.
Parliament is required to renew the Armed Forces Act every five years through primary legislation—the next armed forces Bill is required to have obtained Royal Assent by December 2026—and in the intervening years it is to approve an annual Order in Council, such as the one before us today. The Act provides nearly all the provisions for the existence of a service justice system. It provides for the service offences and for the investigation of alleged offences, the arrest, holding in custody and charging of armed forces personnel accused of committing an offence wherever in the world they are serving.
On that last point, I draw the House’s attention to the explanatory memorandum to the order, which states:
“The extent of this instrument is the United Kingdom, the Isle of Man, the Channel Islands, and the British overseas territories except Gibraltar.”
There is a distinct difference between the extent of UK legislation and how the jurisdiction of service law is applied. The extent of any legislation is a statement about in which separate legal jurisdictions the legislation forms part of the law. Not extending to Gibraltar simply means that the 2006 Act does not form part of Gibraltarian law. That is because Gibraltar has made an agreement with the United Kingdom that it will pass forward amendments to the Act in its own legislation. Conversely, service law applies to members of the armed forces wherever they are in the world, so effectively there is unlimited geographical jurisdiction with regard to our service personnel and, in some circumstances, civilians subject to service discipline, including those based in, or serving in, Gibraltar.
The 2006 Act provides the legal basis for offices such as the Judge Advocate General and the Director of Service Prosecutions, as well as the court martial, the summary appeal court and the service civilian court. It also sets out the processes for the accused to be dealt with by their commanding officer, or to be tried at court martial. Finally, the Act also contains provisions that cover non-service justice matters, such as service complaints and the armed forces covenant. As such, the next armed forces Bill will likely contain a mixture of both service justice measures and non-service justice measures. I look forward to working with Members across the House when it is introduced in due course.
In addition, we have committed to tackling the unacceptable behaviours that have plagued defence in the past, rooting out toxic behaviours that we see evidence of in our armed forces. There is no place for abuse in the UK armed forces.
Today’s debate comes against a backdrop of this Government delivering for defence, for our service personnel and for veterans, by putting people at the heart of our defence plans and renewing the nation’s contract with those who serve, combined with a whole-of-society approach to our national resilience. That is why, last year, we delivered the biggest pay rise for our armed forces in 20 years. We followed that up with another above-inflation rise recently. That is why we have secured a major housing deal to buy back over 36,000 military homes, improving houses for armed forces families and saving taxpayers billions. We are investing £7 billion to improve military accommodation over the course of this Parliament.
That is why we have set new targets to tackle the recruitment and retention crisis we inherited from the previous Government, the results of which are clear already: inflow up 19%, outflow down 7%, and the Army experiencing a seven-year high in application volumes. We are delivering for defence. That is why we will be appointing an Armed Forces Commissioner to improve service life, and are making it easier for veterans to access care and support for our £50 million VALOUR network.
After all, the Government recognise that the world has changed. We are in a new era of threat, which demands a new era for UK defence. The strategic defence review, published last month, will make Britain safer, secure at home and strong abroad, and sets a path for the next decade and beyond to transform defence and end the hollowing out of our armed forces that we have seen over the past 14 years. Decisive action has already been taken. We have: stepped up and speeded up support for Ukraine; signed the landmark Trinity House agreement with Germany; started work at pace on a new defence industrial strategy, ensuring defence is an engine for growth; and implemented the deepest Ministry of Defence reform programme in decades. All of that has been underpinned by an increase in defence spending of nearly £5 billion this year, and a commitment to reach 2.5% in April 2027, 3% in the next Parliament and 3.5% in 2035—the largest sustained increase in defence spending since the end of the cold war.
Mr Mark Francois (Rayleigh and Wickford) (Con)
One of the fundamental tenets of the strategic defence review, as the Minister is now broadening this out, is that we should be prepared to fight and defeat a peer enemy by 2035, which is 10 years from now. Why, after all the hullabaloo about the much-vaunted defence review, have this Government returned to what in the 1920s was known as the 10-year rule?
Luke Pollard
I would say to the right hon. Member that his Government left our forces hollowed out and underfunded, left our forces living in appalling accommodation, left a retention and recruitment crisis that meant that for every 100 people joining our forces, 130 were leaving, and left a situation where morale fell each and every year for the last decade in every one of our services.
We are fixing that. We are getting our defence back on track. That is why the defence review sets out the journey to transform our defence, why the Chancellor has provided additional financial resource this year, and why the Prime Minister supported the defence investment pledge at the recent NATO summit—something I hope the right hon. Gentleman’s party will, in due course, bring itself to do.
We need to be ready to deliver for our defence and to stand with our allies, and that is what we are doing today: we are ending the hollowing out and underfunding. As someone who values defence sometimes more than his party loyalty, as I saw in the previous Parliament, I hope the right hon. Gentleman would welcome that. Indeed, I hope he has the opportunity to do so in a moment, when he stands up to speak.
Sir Edward Leigh (Gainsborough) (Con)
I am not sure there is much point in us just blaming each other on this matter. There are historical parallels. In 1935 we were spending only 2.5% of our national wealth on defence. There was massive rearmament following that and consensus on both sides of the House, and by 1945 we were spending the best part of 50% of national wealth on it. It would be much better if the two parties try to work together on this matter and realise that we are facing an existential crisis in the world, and that things are very different now from 2010 or 2015, or whenever, and that we should work together to massively increase defence spending.
Luke Pollard
I thank the right hon. Gentleman for that point, and I agree with what he says. It is precisely the reason that when the Defence Secretary was the shadow Defence Secretary, and when I was the shadow Minister for the Armed Forces, we had a position of cross-party support on defence matters. It is really important, I think, that we get back to that place. When our adversaries look at the United Kingdom, they should see strong cross-party support, as indeed I believe they do when we debate Ukraine. There is a strong set of plans in our strategic defence review, with increasing defence funding getting to 2.5%, a figure we have not matched in the past 14 years. There is a real opportunity to send a united message from this House to our adversaries and to our people who serve. I hope that the right hon. Gentleman’s colleagues on the Front Bench were listening to his comments as closely as I was.
Members have the opportunity to approve this order today, knowing that the Government are delivering on our pledge.
James Cartlidge (South Suffolk) (Con)
On a very serious note, the Opposition have been accused of being pro-Russia, pro-China and pro-Iran repeatedly by the Prime Minister, which the Minister has defended, because we dared to oppose the Chagos deal. If he wants unity, we need to see that on both sides of the House.
Luke Pollard
I think the unity we saw on the Chagos deal is that the Conservatives started a deal and we finished it; they agreed it was the right thing to start negotiations and held 11 rounds, and we agreed it was the right thing to complete that deal. We put our national security first in that respect, secured the future of the Diego Garcia base and won the support of our US friends, our NATO allies, our Five Eyes partners and India locally. It is up to the hon. Gentleman which side of the debate he wishes to be on—we choose the side of our national security.
Hon. Members can approve this order today, knowing that we are delivering on the pledge to rewrite the contract between the United Kingdom and those who serve in order to improve it. The Armed Forces Act—and, by extension, this order—underpins the very existence of His Majesty’s armed forces. It backs those who, like my old man—a Royal Navy submariner—and so many across this House, stepped forward to serve our country and protect our United Kingdom and our allies and partners in an era of global instability, to deploy globally in support of British objectives and to support our national security. With the consent of the House today, Parliament will acknowledge, pay tribute to and back their service.
Mr Francois
I think the RAF Regiment has had other things on its mind lately.
I congratulate the hon. Member for South Antrim (Robin Swann) on raising the important issue of Northern Ireland. That takes me to the point on which I would like to conclude. I hope that the Minister will answer some of my questions about what will happen to our Northern Ireland veterans. Again, for the avoidance of doubt, I think I know where his heart lies on this. I cannot recall whether the Security Minister served in Northern Ireland—
Mr Francois
He is nodding—I know that he served with great distinction in Afghanistan, so he too will understand this. We on these Benches have to believe that in the privacy of discussions between Government Departments, they are doing the right thing. Perhaps the Minister can give some assurance to those of the 300,000 veterans who served in Op Banner who are still with us that the Government will remove the sword of Damocles that hangs over them, and allow those people who served our country so bravely and with such distinction in incredibly difficult circumstances to sleep safely in their beds, as they deserve.
Luke Pollard
I thank all Members for their contributions to this debate. It was a good one, and I will refer briefly to a number of the issues that have been raised. First, I detect strong support for our armed forces on all sides of the House, which is good to see, so I hope there will not be a Division. This debate has shown the merit in holding the annual order on the Floor of the House, but I suspect I will need to have a word with the Leader of the House and the Whips before I commit to any future such debates, because that is definitely outside my swim lane.
I thank the hon. Member for Lagan Valley (Sorcha Eastwood) for talking about cadets. It is absolutely right that we invest more in cadets, and that is why the strategic defence review set out our ambition to increase the size of our cadet force by 30%. This is a strong investment in the future of our young people that provides opportunities to get lifelong skills and increased confidence, as well as a pathway for young people to serve in our armed forces in order to fully realise the benefits. Having seen the cadets on parade on Plymouth Hoe for Armed Forces Day at the weekend, I know that there is strong support for them in every part of the country. The hon. Lady talked about young people finding meaning through service, and I could not agree more. I am grateful to her for that contribution.
The shadow Minister, the right hon. Member for Rayleigh and Wickford (Mr Francois), asked me a number of questions. We have to renew the Armed Forces Act every five years, and it will be renewed in the proper way. We are looking at what is necessary to update that legislation, especially as it will come in after the publication of the strategic defence review. He will be familiar with the fact that the strategic defence review made the case for a defence readiness Bill, and we are looking at all those details. I can reassure him that it is part of the commitment we have made that, following the wide consultation we undertook for the Armed Forces Commissioner Bill, we will continue that in that spirit for future legislation.
The right hon. Gentleman may have missed it, but just before Prime Minister’s questions today we had Northern Ireland questions, and I believe the Northern Ireland Secretary replied to questions on a number of issues that he has asked me about. I refer him to those remarks because as he will know—if only because I say this every time he asks me a question on it—that these are matters for the Northern Ireland Office, although Defence clearly has strong equities and views on these matters as well.
Mr Francois
I was watching Northern Ireland questions and, from memory, the Northern Ireland Secretary said that the Government would address this through primary legislation, but he gave no indication of any kind as to what will happen to the outstanding remedial order. If Ministers cannot answer that today, perhaps the Minister or the Northern Ireland Office could write to us and tell us where we stand.
Luke Pollard
The right hon. Gentleman will know, because I have had a similar conversation in a variety of different formats over recent weeks, that the policy intention of the Northern Ireland Office is to repeal and, importantly, replace the unlawful Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. It has been found to be unlawful, it does not enjoy community support and it needs to be repealed and replaced. Any Government who were elected last July would have had to do that.
Sir Julian Lewis
On the point about not enjoying community support, when we were having these debates in great detail, the highly divided communities would always stand up and say how this was unacceptable and that was unacceptable, and then their representatives would quietly come up to us and say, “For goodness’ sake, go on doing what you are doing.” The Minister may have some legal problems to overcome, but let him not be fooled by what is said in public about what really needs to be done.
Luke Pollard
I thank the right hon. Member for his contribution. Indeed, it is a matter that my colleagues in the Northern Ireland Office follow closely as that is the lead Department with responsibility for the repealing and replacing of the legacy Act. I am certain that he will continue making suggestions in that way. It is not for me to make announcements on the Northern Ireland Office’s behalf, but I am certain that it will have listened to what he had to say.
I am grateful for the remarks from the hon. Member for Huntingdon (Ben Obese-Jecty). I told him just before this that I look forward to seeing him on the Front Bench in a shadow Defence role very soon. As he knows, I am a big fan of what he has to say, and I like the way he brings his military expertise and a certain defence nerdery, which, as a defence nerd on the Labour side, I very much appreciate.
I politely say to the hon. Member that my experience from engaging with our allies on NATO’s eastern flank—from Finland and the Baltic states all the way down, passing Belarus and others, is that the nations there value the relationship with the United Kingdom even more so over the past year. We have strong relations with the Joint Expeditionary Force nations of northern Europe, and we continue to deepen relations with our Baltic friends, including enhancing our forward land force in Estonia, and our co-operation and support for Latvia and Lithuania. I do not recognise that concern, but he is right to raise it, if only to allow me to put on the record that we have strong support from those nations and, indeed, we strongly support them in wanting to be sovereign and free, including from Russian aggression.
I also politely say to the hon. Member that RRS Sir David Attenborough provides an important presence in the Antarctic region. If he has not yet discovered polar region nerdery, can I recommend that to him? Not only do HMS Protector—our ice ship—and RRS Sir David Attenborough provide an important presence for our Arctic and Antarctic missions; they also help us honour our obligations under the Antarctic treaty, which is an important part of the rules-based framework for the protection of the Antarctic.
Ben Obese-Jecty
On the Arctic and HMS Protector, what plans do we have to procure an icebreaker to increase our footprint in that region?
Luke Pollard
I knew he was tempted to go into polar nerdery! I would be happy to speak to the hon. Member about some of those aspects. Clearly, when it comes to the provision of our ships and capabilities, it is not just an MOD matter; it is one that we share, in particular with our Foreign, Commonwealth and Development Office colleagues, but I am happy to pick up those points with him.
I am not certain that the hon. Member is right on everything he said on drones, but none the less, he is certainly right that drone warfare has fundamentally changed how warfare is conducted. I am proud that we have a plan to return to 2.5% spending on defence—a figure not met since 2010. We do need to spend more on defence because we live in more dangerous times.
My hon. Friend the Member for Harlow (Chris Vince) was right to speak about the sacrifices that armed forces families make—it is something that we should not forget. Indeed, that is the reason why in the Armed Forces Commissioner Bill, we deliberately extend the powers of the commissioner to have a requirement to engage with the family members of our people who serve, which is important.
I am grateful to the hon. Member for Epsom and Ewell (Helen Maguire) for her contribution. We do indeed have a Government who honour the service of our armed forces every day, and I am proud to serve within it. She is also right to raise LGBT veterans. She will know that the prioritisation we have decided as Ministers is that the initial payments, as we stand up the system to make payments, should be directed at those who are over 80 or facing a terminal condition. We have completed that work. That was the right prioritisation in the first instance, so justice can be done for those folk who may not see many more days. We are now standing up that wider system so that we can process that wider set of payments that we have committed to do, and we will continue to do so.
Finally, in relation to the questions asked by the hon. Member for Exmouth and Exeter East (David Reed), the future commando force strategy published under the last Government moved away from full commando assault to small raiding parties. That was the extant policy of the last Government and, because of that, I would be happy to speak to him about it. We have a strong commitment to the amphibious role of the Royal Marines and to the multi-role strike ship, as set out in the strategic defence review, and I would be very happy to speak to him about that further. I have a Royal Marine base in my constituency, as he has in his—
Luke Pollard
I am afraid I have to conclude because of time, but I would be very happy to meet the hon. Gentleman to discuss this further. I can reassure him that the Royal Marines have a very bright and strong future in our armed forces.
David Reed
What the Minister says raises a more fundamental question. Just like the release of the strategic defence review to trade bodies and to the press before its publication, we are reading about issues in the press but do not have the opportunity to discuss them in Parliament. While I welcome the Minister’s offer to have a conversation with him, why can we not have that conversation in the Chamber now?
Luke Pollard
I refer the hon. Gentleman to all the debates that I called on the future of the Royal Marines under the last Government, when I was sitting on the Opposition Benches, to make the case that the Royal Marines have a bright future. We have a strong commitment to the future of the Royal Marines and to amphibiocity. He will know the changes that his Government introduced in the future commando force strategy. If we look at the lessons from Ukraine, the Royal Marines were well ahead of the learnings that we now see from there. I am happy to discuss that with him further and I am sure that he will want to table a Westminster Hall debate so that we can discuss this even more.
I reassure the hon. Gentleman and the House that the future of the Royal Marines is safe and secure. We have strong commitment to amphibiocity. We need to ensure that all our fighting forces adapt to the changed environment in which they operate. As someone who represents Stonehouse Barracks, the spiritual home of the Royal Marines, I feel personally about that commitment and I do not recognise the concerns that he raised. However, I am glad that there is strong cross-party support for our armed forces and for this draft order.
Question put and agreed to.
Resolved,
That the draft Armed Forces Act 2006 (Continuation) Order 2025, which was laid before this House on 9 June, be approved.