Tuesday 8th September 2026
(3Â weeks, 3Â days ago)
Lords ChamberArmed Forces Bill 2024-26 View all Armed Forces Bill 2024-26 Debates Read Hansard Text Watch Debate Amendment Paper: HL Bill 36–II Second marshalled list for Committee - (4 Sep 2026)
Lord Coaker
“Service of notices by email(1) RFA 1996 is amended as follows.(2) In section 32 (call out of persons who have entered into special arrangements)—(a) after subsection (6) insert—“(6A) A notice under this section may also be served on a person by email by sending it to—(a) the last known email address used by that person as a means for communicating with them, or(b) if there is no such address, an email address by means of which there are reasonable grounds to believe that an email sent to that address will come to the attention of the person,and such a notice is, unless the contrary is proved, to be treated as having been received on the day following the day on which the email is sent.”;(b) in subsection (7) after “subsection (6)” insert “or (6A)”.(3) In section 43 (call out of special members)—(a) after subsection (7) insert—“(7A) A notice under this section may also be served on a person by email by sending it to—(a) the last known email address used by that person as a means for communicating with them, or(b) if there is no such address, an email address by means of which there are reasonable grounds to believe that an email sent to that address will come to the attention of the person,and such a notice is, unless the contrary is proved, to be treated as having been received on the day following the day on which the email is sent.”;(b) in subsection (8) after “subsection (7)” insert “or (7A)”.(4) In section 58 (call out of members of a reserve force on authority of call-out order)—(a) after subsection (7) insert—“(7A) A notice under this section may also be served on a person by email by sending it to—(a) the last known email address used by that person as a means for communicating with them, or(b) if there is no such address, an email address by means of which there are reasonable grounds to believe that an email sent to that address will come to the attention of the person,and such a notice is, unless the contrary is proved, to be treated as having been received on the day following the day on which the email is sent.”;(b) in subsection (8) after “subsection (7)” insert “or (7A)”.(5) In section 70 (recall of persons on authority of recall order)—(a) after subsection (7) insert—“(7A) A notice under this section may also be served on a person by email by sending it to—(a) the last known email address used by that person as a means for communicating with them, or(b) if there is no such address, an email address by means of which there are reasonable grounds to believe that an email sent to that address will come to the attention of the person,and such a notice is, unless the contrary is proved, to be treated as having been received on the day following the day on which the email is sent.”; (b) in subsection (8) after “subsection (7)” insert “or (7A)”.”Member's explanatory statement
This new clause enables certain notices given under the Reserve Forces Act 1996 to be sent to persons by email in addition to the current provisions of the Act enabling service by post.
The Minister of State, Ministry of Defence (Lord Coaker) (Lab)
My Lords, government Amendments 38 and 39 in my name are needed to make improvements to the Bill.
Amendment 38 makes a simple but important modernising change. It will allow formal call-out and recall notices for reservists to be sent electronically, in addition to the existing postal route, ensuring that our legislation reflects the way people communicate today. The existing postal system will remain available where needed.
When time matters most, electronic communication can provide faster delivery, greater assurance that notices have been received, and a more responsive process for communicating with reservists.
This is not simply an administrative improvement. The strategic defence review emphasised the importance of national resilience, preparedness and the role of our strategic reserves. If we are to strengthen readiness across defence, we must also ensure that the systems underpinning mobilisation are agile and fit for purpose.
In a crisis or national emergency, speed of communication can be critical. This amendment helps ensure that we can reach reservists more effectively, supporting a force that is ready to respond when the nation requires it.
It is a practical and proportionate measure that forms part of our wider effort to update our reserves legislation. It retains existing safeguards, modernises an outdated process and demonstrates the Government’s commitment to building a more resilient, prepared and responsive Reserve Force for the future.
Finally, Amendment 39 is needed to make a drafting correction. I beg to move.
Viscount Stansgate (Lab)
My Lords, briefly, this is a very sensible amendment and I support it. In the world in which we now live, and with the way in which we communicate with one another, are there people in our Armed Forces already thinking ahead to different, more urgent ways of being in contact; for example, via WhatsApp? Email may not be the only way we can use modern technology to achieve the ends set out in Amendment 38.
The Earl of Minto (Con)
My Lords, I do not have too much to say on this group of two government amendments, so I will keep it brief.
I understand entirely why the Government wish to allow call-out notices to be sent by email. The Minister has given us an excellent explanation of their rationale, and we on these Benches concur. There are, however, two points which I would be grateful if the Minister could clarify. The drafting of the amendment says:
“A notice under this section may also be served”.
This could be taken to mean “instead of” or “as well as”. My point is that it must mean “as well as”. I would not be comfortable with call-out notices being sent out only by email. What if the email ends up in a junk or spam folder, the recipient misses the email, or perhaps they do not even check their email—there are probably some here who do not do that? If the call-out notice is sent only by email, there exists a relatively high possibility that it might be missed. This could of course have some quite serious ramifications. I hope the Minister can confirm that call-out notices will continue to be sent by post as well as by email. If that is the case, I have no issue.
The second point relates to the first. New subsection (6A) specifies which email will be used to send a call-out notice, that being
“the last known email address used by that person as a means of communicating with them, or … an email address by means of which there are reasonable grounds to believe that an email sent to that address will come to the attention of the person”.
What precisely does “used” mean in this context? Does it mean an address which the individual has provided to the MoD? Does it mean an address to which the MoD has previously sent communications? Does the department need evidence that the person has received or responded to communications at that address, and who makes a judgment that an email address is the last known one? Further, what are those reasonable grounds? Does this imply trying to send the email to a friend or relative, and if so, how will the third party be chosen? If this policy is to have the desired effect, information collection and recordkeeping must be paramount.
I understand that the Reserve Forces (Provision of Information by Persons Liable to be Recalled) Regulations 1997 expressly state that there is a legal obligation for those who are subject to recall to keep the MoD up to date with their residential or postal address. This seems essential. Those regulations do not currently require those liable to recall to keep the MoD updated about any changes to their email address. Obviously, that is because the legislation does not yet enable email addresses to be used for callout. Can the Minister confirm that, with this change to the process, the Government will update the 1997 regulations and any other relevant policies?
Lord Coaker (Lab)
My Lords, I thank the noble Earl, Lord Minto, the noble Baroness, Lady Smith, and the noble Viscount, Lord Stansgate, for their questions about this simple change. Of course, as with everything as we go through this Bill, I will look into all the various points that have been made.
My understanding with respect to email is that the amendment provides legal certainty by establishing that notices are deemed to have been delivered, mirroring—which is the wording—the existing approach used for the postal service. Many of the questions which the noble Earl has quite rightly asked about email and what happens in these circumstances are exactly the same sort of questions that can be asked about the postal service. There are established procedures and practices in place to deal with that. It is an important point. It mirrors the existing approach used for the postal service; it simply gives an alternative and modern way of doing it.
I say to the noble Viscount, Lord Stansgate, that it is the sort of legal certainty that we are looking for, again mirroring the postal service, which would not be available with some of the other methods and channels of communication that might be used.
To go back to what the noble Earl, Lord Minto, said, we need to communicate through a reliable and auditable channel so that we can follow it through and make sure that it has been delivered to whom it is intended for. Again, with respect to letters sent through the postal service, are we certain that this is the address for the person who we think lives there? Are we certain that they have got it? There is a trail by which we can follow that through. That is exactly the same process as will be followed with email. It provides us with the opportunity to modernise the current process and improve the speed and effectiveness of delivery. It provides us with a measured and proportionate approach. It introduces a well-established form of electronic communication while retaining the existing postal option where necessary—I make that point to the noble Earl.
As technology and communication methods continue to evolve, future Armed Forces Bills will provide opportunities to consider whether further changes are appropriate. For now, as far as the Government are concerned, email strikes the right balance between modernisation, legal clarity and ensuring that reservists can be reached quickly in support of defence readiness, mobilisation and national resilience. I again thank noble Lords for their contributions.
The Earl of Minto (Con)
Can I just confirm that we are talking about something in addition to, rather than instead of?
Lord Coaker
Member's explanatory statement
This amendment makes a drafting correction.
Baroness Smith of Newnham (LD)
My Lords, I thought I was going to rise from these Benches and be able to say, “I agree with all the noble and noble and gallant Lords who have spoken so far in this debate”, because there appeared to be uniformity across the Committee. We are used to that on defence matters. Last week, on the first day in Committee, there were discussions outside the Chamber, where some of the doorkeepers were saying, “We might have to get taxis this evening”, and I said, “Are you sure we’re not going to finish by 10 pm?” They looked at me and said, “Really? Do you think so?” But, of course, with something like military precision, we finished all our groups by 9.55 pm, and people kept saying afterwards, “Of course, it was military precision. What else did you expect?”
However, it was not military precision that meant that we dealt with business expeditiously on day one in Committee. It was that, by and large, the proposals and amendments that we were debating were areas where we were probing. Broadly, we were supportive of what His Majesty’s Government were proposing. As so often on defence matters, His Majesty’s Official Opposition, the Liberal Democrat Benches and the Cross Benches were supportive of what the Government were trying to do, but this evening we have stand part debates, on Clause 38 and Schedule 6, where the House is virtually united in suggesting that the Government really need to think again.
If I were speaking from the Back Benches, I would simply ask the Government: why? Why is Clause 38 needed? But as I am speaking from the Front Bench, I feel it appropriate to outline that, on these Benches, we very much share the concerns raised, particularly about losing the local connection. I have heard mutterings from behind me saying, “I agree with Lord de Mauley”, and concerns have certainly been raised across the Chamber. In particular, early on in the debate, the noble and gallant Lord, Lord Craig of Radley, rightly pointed out the importance of the reserves but also the local connection. There is the fact that the PAC had acknowledged that reserves and cadets are increasingly important for the defence of our realm, and that the SDR also highlighted this.
The noble Lord, Lord Lancaster, was really the only dissenting voice, and even he said he wanted to be a bridge. I think he was speaking as a non-affiliated Peer, but apparently from the Conservative Benches, so I am not quite sure. He is the only noble Lord so far who has suggested that Clause 38 may be the right way forward. But he reminded the House that the SDR talked about wanting to increase the number of reserves by 20%—when resources allow, in brackets.
Surely we should not wait until resources allow; we should work with the structures that we have, through the reserve forces and cadets associations, and think of ways to ensure that we strengthen and enhance local connection and local resilience. As a country, we have not yet engaged in the national conversation that the SDR said we needed. How better to do that than to work with local people and local Reserve Forces, and particularly the cadets? The noble Lord, Lord Lancaster, rightly pointed out that we have not said much about the cadets. Surely that is an area where we need to think about strengthening—again, strengthening the local connection—and ensuring that we have a pipeline to recruitment, as well as resilience and a sense that we are beginning the national conversation.
I will conclude with a statement from Portsmouth City Council—not my local area; unlike the noble Baroness, Lady Fraser, I have not talked about my area, partly because, as a Liverpudlian, I feel that the north-west is getting quite a lot of coverage thanks to the new Prime Minister. Portsmouth City Council, in line with its geographical position and the extent of its naval commitments, has a very strong commitment to the Armed Forces covenant and the South East Reserves Forces’ and Cadets’ Association, and it made an official contribution to the call for evidence in Committee in the other place. In particular, the council reminded us—as some noble Lords have done today—that this is not just about the individual RFCAs but about working with local employers. If we accept Clause 38, there is a real danger that we lose not just the history, which is important, but significant aspects of current practice that work well and that could and should be enhanced.
Lord Coaker (Lab)
My Lords, it is a great privilege and pleasure to make the case for Clause 38 in your Lordships’ Committee.
I want to clarify something for the noble Earl, Lord Minto: the service of notice for callout will be by both post and email. I meant that by my previous remark, but I realise I did not make it clear, for which I apologise to the noble Earl and the Committee—I thought I had said it, but clearly I did not; I found out through a variety of means that I had not done so.
I will start by saying something else. Lots of people have made a lot of important points. As everybody in this Committee knows, I will consider them and how we take them forward. I cannot walk on water on these things and persuade everybody that I can do everything, but I hope your Lordships know that I will try to do as much as I can to take account of the various important points that have been made. I say to the noble Lord, Lord Faulks, that it is not a legal requirement; it is the recommendation of various reports that the Government seek to implement.
As your Lordships know, I like to make some informal remarks before I make formal remarks. Before I make the formal remarks, let me say for the sake of clarity that nobody in this Committee doubts the importance of the reserves, the cadets and the organisation, and the work of the lord-lieutenants and charities involved. Many of your Lordships do far more than even I do as a Minister to support those local organisations —the noble Lord, Lord De Mauley, is one of the best examples. Nobody seeks to undermine that or do anything that would somehow not ensure that it could carry on.
I was with the noble Lord, Lord Elliott—he was in his place a moment ago—in Enniskillen just on Saturday. The RAF show there that I went to support, with the reserves, the lord-lieutenants and the cadets, was phenomenal. It was absolutely phenomenal to see the work going on there. Nobody seeks to undermine or hinder that. This Saturday coming, I am going to Grantham for the reserves passout that is taking place there, because of its significance and importance. It does not matter whether it is the reserves; it does not matter whether it is the cadets. Ministerially, the noble Baroness, Lady Goldie, the noble Earl, Lord Minto, and the noble Baroness, Lady Smith, no doubt; the noble and gallant Lords, Lord Stirrup and Lord Craig, through their long and distinguished careers, the noble Lord, Lord Dannatt, through his, and many others—all of us have committed ourselves to pursue that purpose which is crucial to our nation. Whether it is Scotland, Wales, Northern Ireland or the regions of England, it is crucial and fundamental to us that we do that. Each of the three reports which I will mention emphasise that. However, alongside that—the noble Lord, Lord De Mauley, is right, and I will reference it, that the PAC did say either/or—each of those reports said the current framework needs to be revised and looked at.
My view of this is that the national body creates strategic oversight for a structure that would allow the regional councils to be stronger and more purposeful in what they are doing, with the financial oversight and clarity that a strategic body would give them. That is how devolution works. You do not just let the mayors of the country do exactly what they want. A national strategic framework policy is set which allows those local bodies and local government to function—and to function effectively. That is what this seeks to do.
Again, before I make the formal remarks, let me reference what is on the face of the Bill. Yes, it is the establishment of the new body, the new RFCA, but also—I have to put my glasses on; it slows the rhetoric—on page 136, and then on to page 137, the Bill puts into primary legislation regional councils and how those are set up. It states—I will just say this for the noble Baroness, Lady Fraser:
“The RFCA must establish a committee for each area of the United Kingdom as may be specified in regulations”.
That would include Scotland, Wales and all those things. That is laid out there. It then goes on to the various regulations that can be made. We will deal with the various amendments about membership, about whether people are paid or unpaid, and other matters, but all those things will be dealt with in regulations. I realise that the debate then becomes about whether it should be primary or secondary legislation, but it is on the face of the Bill that they will be dealt with by regulations. I will make my formal remarks. Those regulations are in draft form at the moment. I will share those draft regulations with Members of the Committee before Report. Noble Lords can look at them and decide whether they answer some of the points that they would make, so that we will not have a situation, which sometimes happens with Governments, where draft regulations are just presented and you either vote for them or not, without any ability for people to properly scrutinise them and agree them or not.
Baroness Fraser of Craigmaddie (Con)
Were the devolved nations assured of a seat on the national board?
Lord Coaker (Lab)
Again, those are the sorts of things that will be sorted out in the regulations to which I referred. It is laid out in primary legislation that we will be able to ensure that the regions and nations of the country are represented and have the various functions the noble Baroness would want.
The Earl of Minto (Con)
My Lords, I shall also speak to Amendments 40, 41 and 45, tabled in the name of my noble friends Lord Harlech, Lord De Mauley and Lady Penn. My noble friend Lord Harlech has long been a doughty and most effective champion of our Reserve Forces. These Benches share his conviction that the reserves are indispensable to our national defence and deserve every reasonable support we can muster.
However, I am afraid that I must express some reservations about the amendments in this group and in the next. This is a genuine and very difficult balancing act. On the one side sits our duty to reservists and to employers, who already, at times, go beyond the call in supporting them. On the other sits our duty to the small and medium-sized businesses that make up the overwhelming majority of Britain’s employers and that are, right now, facing a cumulative weight of obligation that these amendments risk compounding rather than ameliorating.
Some 5.5 million businesses operate in this country, over 99% of which are small or medium-sized enterprises. Firms of the kind caught by the 50-employee threshold —or the 10-employee threshold in Amendment 41—are frequently the very smallest operations; they might be a family firm, a local manufacturer or a handful of tradesmen incorporated together. For a business of 10 employees, losing one member of staff for 10 working days a year for training could produce real strain on its workforce, potentially pushing back deadlines and damaging its ability to compete for contracts against larger rivals that can afford such absences more easily. It could also—this is quite dangerous—influence the willingness of employees and fellow workers to be generous with their attitude towards service. That is very important.
This cannot be considered in isolation from the wider climate in which small businesses currently operate. Businesses have had to suffer two years of this Government that have made their lives considerably harder, with the increases in employer national insurance contributions and the national living wage under the Employment Rights Act. That is the context in which we judge these amendments. We are not saying that reservists do not deserve support—indeed, quite the opposite—but we believe that the existing defence employer recognition scheme, built on voluntary best practice among gold and silver employers, achieves much of what these clauses seek without imposing statutory duties that might deter smaller firms from hiring reservists at all, the very outcome we all wish to avoid. I hope my noble friend will reflect on these concerns in the spirit in which they are offered, and I look forward to continuing this conversation as the Bill progresses.
Lord Coaker (Lab)
My Lords, I thank everyone who has contributed to the debate. I should have declared an interest at the beginning: my son-in-law is currently mobilised as an active reservist. I apologise; I should have made that statement before.
The noble Lord, Lord Harlech, and I have had a number of conversations, both inside and outside the Chamber. I thank him for bringing forward the amendments. I will write to him on the three questions he asked. For clarity, I will copy that to everyone who is currently in the Chamber and place a copy in the Library. I hope that is satisfactory for the noble Lord.
The noble Lord will know that the Armed Forces are not exempt from jury service. If a reservist is mobilised, they can apply for a deferral in the normal way.
We can all agree that the Reserve Forces are critical to defence, and every day reservists balance civilian careers, family commitments and military service, giving their time to train and remain ready to serve when called on. In answer to the noble Baroness, Lady Smith, I will of course consider all her various points; I always do that. I cannot answer them now to the satisfaction that everybody would wish, but I will consider them.
The noble Earl, Lord Minto, made an important point: all the way through, there is a balancing act between trying to recognise the important demands that employers of all sizes have on their businesses and, at the same time, doing all we can to promote the reserves and reservists. We have to ensure that we meet both those demands and find a way that balances all that. I agree with the noble Earl. That is not in opposition to what the noble Lord, Lord Harlech, has set out in his Amendments 40 and 41; rather, we have to ask what the correct balance is.
Defence relies on the commitment of our reservists. Their skills, experience and willingness to step forward in the service of the nation make them an indispensable part of our Armed Forces. We are deeply grateful for their dedication and for the support of their employers. The noble Lord, Lord Swire, recognised that in his comments. Of course we need to try to encourage more people to become reservists—and we will do that. I am not sure about the Swiss example; I am not an expert on Switzerland but it gets near to requiring people to do certain things. As the noble Lord will know, this Government and previous Governments have always taken the view that our reservists go through a voluntary route. We seek to encourage people to participate and to act in the service of their nation voluntarily. That is the right approach for us to continue with.
The Earl of Minto (Con)
My Lords, I am again most grateful to my noble friends Lord Harlech, Lady Penn and Lord De Mauley for these amendments. As with my response to the last group, I completely share my noble friends’ desire to support the reserves wherever possible. I am absolutely not gloomy about the reserves at all; rather the opposite. I know that reserve training adds depth to any participant and, indeed, to any organisation that they might be part of. Unfortunately, I have concerns about these amendments. Between them, they would create new tribunal-enforceable duties on refusal of employment, extend protection against detriment short of dismissal, and place fresh obligations on businesses dealing with the self-employed and with partnerships. Taken together, that is a substantial new compliance burden to place on employers, many of them small businesses, at a time when they are already absorbing a great deal of regulatory change, as I have already established. I think it right to pause before adding further to that already pretty hefty burden.
Amendment 42 raises a further difficulty. It would make it unlawful to refuse employment to somebody who merely proposes to become a reservist. In practice, how is an employer to know that at the point of hiring? Unless a candidate volunteers information, there is no reliable way for an employer to be aware of an intention that exists only in someone’s plans, which makes the obligation very hard to comply with and harder still to enforce fairly. It is fundamentally my view that the commercial requirements of businesses, particularly small and medium-sized enterprises, must be our primary consideration. I hope my noble friends will reflect on these practical concerns, and I look forward to the Minister’s response.
Lord Coaker (Lab)
I again thank everyone who has participated in the debate. The noble Lord, Lord Harlech, asked if we can have a conversation before Report; of course we can. We understand the intention behind the amendments: to further build on the protections offered to our reservists in current primary legislation. However, the Government do not believe that the new clauses are proportionate; they risk creating unintended consequences for employers, reservists and the wider labour market.
As mentioned earlier, reservists already benefit from a range of statutory protections. They allow reservists to claim compensation where their military pay is lower than civilian earnings, subject to a cap, and provide support for reasonable additional costs arising from mobilisation, such as childcare or other domestic expenses. This recognises the significant commitment that reservists make in serving our Armed Forces. The Armed Forces covenant further ensures that service personnel are not disadvantaged by virtue of their military service. The Government’s approach is to foster a positive partnership between defence and employers, rather than to create new categories of employment litigation.
Membership of the Reserve Forces is a voluntary commitment that may involve specific and foreseeable periods of absence from employment due to training or mobilisations. The amendments could introduce broad new causes of action in employment tribunals. As the noble Earl, Lord Minto, pointed out, the provisions are drafted in particularly wide terms, extending not only to actual reservists but also to persons who propose to become a reservist or who may become liable for future service. That would inevitably create significant evidential difficulties for employers. In particular, recruitment decisions often involve a range of legitimate factors, and it may be challenging to later demonstrate conclusively that reserve service played no part in a decision.
These amendments may therefore have the unintended consequence of discouraging employers from discussing reserve commitments openly with applicants and employees. The Government’s objective is to encourage transparent and constructive dialogue between employers and reservists. A statutory requirement may undermine that objective and weaken the collaborative relationship that currently exists between defence and employers through, as I say, the Armed Forces covenant and the defence relationship management programme. We remain committed to supporting reservists and promoting reserve services among employers. However, the amendments would create a disproportionate and potentially burdensome new legal requirement and introduce unnecessary uncertainty into recruitment and employment without compelling evidence of necessity.
I turn to Amendment 44. The Government recognise that reservists who run their own businesses, work as contractors or practise in partnership can face particular challenges in balancing civilian livelihoods with military service—again, a point that the noble Lord, Lord Harlech, made. Their commitment is highly valued, and defence will continue to support them through a combination of legislation, financial assistance, employer engagement and practical guidance.
Although the Government fully support the objective of ensuring that reservists are not treated unfairly because of their service, we do not believe that this amendment is necessary or proportionate. It would extend protections into a wide range of commercial contracts and partnership arrangements. Decisions about contracting, allocation of work or business partnerships are often based on legitimate commercial factors. The amendment could make such routine decisions vulnerable to legal challenge where current or potential reserve service is alleged to have played a role. That would represent a significant and far-reaching change to the law in this area, and the Government are not persuaded that the case for such a change has been made in the context of this Bill.
Existing protections and support mechanisms are already in place through various pieces of legislation. Financial assistance may also be available under Part VIII of the Reserve Forces Act 1996 when a reservist is mobilised or undertakes relevant reserve force activities. Support is available to reservists and employers, including self-employed employers and business partnerships. This can include provision for loss of earnings, replacement costs and additional business costs arising from mobilisation.
The Government’s approach is therefore to maintain a balanced framework; I think that starts to answer the points that the noble Baroness, Lady Penn, made about trying to have a balanced framework and a balanced approach to some the competing demands. There is statutory protection where it is required, financial assistance where service creates identifiable costs, and strong engagement with employers and business through Defence Relationship Management. I agree with the point made by the noble Lord, Lord Lancaster, about ensuring that everyone is aware of the skill reservists bring back to industry; that is an important point. There is also the Armed Forces covenant and the employer recognition scheme.
That partnership-based approach has built substantial and growing employer support for reservists without placing legal burdens on businesses. In 2016, under 1,000 businesses and organisations were signed up to the Armed Forces covenant. Today, we have over 15,200 organisations signed up. That is a significant thing that all of us across the Committee can be proud of, although there is still much more to be done.
The review requirement in the amendment is unnecessary. Defence already keeps reservist and employer support under regular consideration, including financial assistance arrangements for mobilisation and wider measures to improve reserve utilisation, readiness and employer support.
Again, I reassure the noble Lord, Lord Harlech, that the Government will continue to consider whether existing schemes remain appropriate, but we do not believe that a statutory review tied to overseas comparisons is the right mechanism. International models can help, but arrangements in Australia and Canada operate within different reserve structures, employment markets, legal frameworks and funding systems. For those reasons, although we understand the intent, and I am perfectly happy, as always, to have a conversation with the noble Lord, Lord Harlech, we do not believe that these amendments are necessary. With that, I ask him to withdraw his amendment.
Lord Harlech (Con)
My Lords, I am grateful to all noble Lords who have participated in this balanced but brief debate. I am grateful to the Minister for setting out the Government’s position. As with the previous group, I ask: are the number of reserves going up? Not really; we have stopped the bleed, so we have stabilised things, but the numbers are going down. If we keep doing the same thing we will get the same results. That is why what I am suggesting is a big change: it is dramatic, because it is time to do things dramatically differently to get out Reserve Forces where they need to be. For now, I withdraw my amendment.
Lord Coaker (Lab)
My Lords, we do not accept any of the amendments before us as drafted. Am I going to speak to the noble Lord, Lord De Mauley, and the rest of the Committee about what we may do to take on board some of the comments that have been made around Clause 38? Of course we will have discussions about it and of course we will see whether there are changes or improvements that could be made that are acceptable to the Government and which seek to address some of the problems that the noble Lord and others have laid out. That is the commitment that I have always made.
I cannot promise what the outcome will be. This is Committee; it is not a full-on Report stage and it is not Second Reading or Third Reading. Committee is about challenging the Government on what they are doing and the Government responding by saying that they will consider how they may take things forward. Just to set the framework, this does not alter the fact that the Government believe that there should be a national strategic body and regional councils. I will say a little bit more about that as I carry on with my remarks, but do I believe that points are being made that are important for the Government to consider? Yes, I do. I cannot satisfy everybody’s demands that Clause 38 should not stand part of the Bill—that has been referred to in respect of Amendments 46, 47 and 49—but we will address all that.
I have an important comment to make to the noble Lord, Earl Howe, for the Committee to recognise. I do not see this as a debate between people who are young, thrusting and understand today’s society and what the noble Earl said—that he should not be seen as an old-fashioned reactionary. Of course he is not seen that way. He and his wife, who I think he said was the lord-lieutenant in Buckinghamshire, are doing great service and are important contributors to the fabric of our country. This is not a debate between those who are modern and those who are old-fashioned. This is a discussion between people who have at their hearts the understanding that lords-lieutenant, reserves and cadets all make a massively important contribution to our country. The discussion between us is about the most effective way of doing that.
I go back to the point that I made before: the Government’s view is that by establishing of a body that allows a strategic framework to be set and that deals with and responds to some of the criticisms that were made by the various reviews to which I referred earlier, we can establish an overall framework within which those regional councils can operate. The regional councils will be a matter for discussion, but they will retain local knowledge, local experience, local expertise, the local connection, the reserves, the cadets—all those points made by the noble Lord, Lord Elliott, for which I thank him, as well as those made by the noble and gallant Lords, Lord Stirrup and Lord Craig. Of course they are vital to our country. Nobody is seeking to abolish them. The debate between us is how we make things more effective. The Government’s view is that you have the overall strategic framework within which localism operates.
Again, there is disagreement here. It think that is perfectly compatible with the overall, overarching way in which the Government are seeking to devolve power within an overall strategic framework that allows people to make their own decisions and take their own steps forward. That is why the Bill—the primary legislation—requires that regional councils are not abolished but maintained and protected. What those regional councils should be, how they should be set up and on what area they should be based will be a matter for discussion. It will be a matter on which we will try to reach a consensus.
It goes on, on page 137, to list all the various regulations which I referred to earlier. The view of some in the Committee is that those regulations—membership of the national body and all the other things to which I have referred—should be in primary legislation. The Government’s view is that it should be done in secondary legislation. The commitment I have made to the Committee is that those regulations, which are already drafted, can be shared so that people can seek to understand whether some of the concerns—not all of them—they have about membership, et cetera, are addressed by them. It may be that they are not, but the Government are not going to go back. The draft regulations will not say we accept that Clause 38 should be abolished, but they may say we think the area should be this, the membership should be that, and this is the way forward for us. Giving draft regulations in good time to your Lordships’ House will enable a discussion to be had on Report which can take that forward and people will make their own mind up as to whether that is appropriate.
From the Government’s perspective, therefore, Amendments 46, 47 and 49 are not necessary, because the Government are seeking to deliver some of what those amendments are asking for in a different way. The noble Lord, Lord De Mauley, in a very interesting, logical and emotional way, put forward the case for the regional chairs and for many of the established ways of working to continue, supported by the noble and gallant Lord, Lord Stirrup, the noble Lord, Lord Empey, the noble Baroness, Lady Smith, and many others. The debate between us will not be about how we reach consensus, because there is a disagreement, but I have been asked whether, if Clause 38 and Schedule 6 are to remain part of the Bill, there is something we can do which may satisfy some of the concerns that your Lordships have expressed in a way which means that some of the old-fashioned reactionaries among us, as the noble Earl, Lord Howe, mentioned, can at least address some of the very important points, which are not old-fashioned or reactionary but are important considerations which any Government should make when they seek to make a significant change, to ensure that we do not throw the baby out with the bathwater. That is the commitment I make to your Lordships’ Committee and, with that, I ask the noble Lord, Lord De Mauley, not to press his amendments.
Lord De Mauley (Con)
My Lords, I thank all noble Lords who have spoken in support of these amendments. I thank the Minister for his response and for offering to meet and discuss these matters, to which of course I am open. I say to him that the way the Bill is drafted, there are to be regional councils but there are no members beneath them supporting them and they have no representation at national board level, so they are suspended in mid-air and it seems to me rather pointless. We are in Committee, so I reserve the right to return to this matter on Report, but for this evening I beg leave to withdraw the amendment.