Armed Forces Bill

(Limited Text - Ministerial Extracts only)

Report stage
Monday 22nd June 2026 Commons Chamber

[Jeremy Corbyn]

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.

[Jim Shannon (Strangford) (DUP)]

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.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

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[Sammy Wilson]

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.

[Mr Francois]

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.

[Al Carns]

We have seen movement on the covenant, and the introduction of the Defence Housing Service and Op Valour. Would it be possible for the Minister to set out their impact on recruitment, retention and morale across the armed forces over the past year or two?

[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.

[Stuart Anderson]

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.

[Sammy Wilson]

Will the Minister give way?

[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.

[Sammy Wilson]

Will the Minister give way?

[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.

[Jeremy Corbyn]

Will the Minister give way?

[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.

[Jeremy Corbyn]

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.

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20:59

Division 33

Question accordingly negatived.

Ayes: 164

Noes: 311

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21:14

Division 34

Question accordingly negatived.

Ayes: 104

Noes: 391

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21:27

Division 35

Question accordingly negatived.

Ayes: 74

Noes: 323

Clause 3

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21:39

Division 36

Question accordingly negatived.

Ayes: 171

Noes: 322

Schedule 6

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[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.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.