Armed Forces Commissioner Bill

Debate between Baroness Bennett of Manor Castle and Lord Lancaster of Kimbolton

Wednesday 30th April 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I have attached my name to Amendment 6 in the name of the noble Baroness, Lady Smith, to which Amendment 1 is linked; I will speak only extremely briefly because she has made the case very well.

I will link this amendment to my Amendment 8, which we will get to later. As the Minister well knows, it relates to my concern about 16 and 17 year-olds—or even 15 year-olds—being recruited into the Armed Forces. The noble Baroness spoke about people in residential situations, but if a 15, 16 or 17 year-old, who has decided that their whole future is in the military, finds that the assessment process operates in a way that is—we would hope that this would not happen, but we need to consider the possibility—abusive or inappropriate in some way, it is important that that person has protection.

I am particularly thinking of—although not solely—those 15, 16 or 17 year-olds who are vulnerable people, and who pin their whole future life on what happens to them in those few days or during a specific test. It is really important that they have the protection that we all want the Armed Forces commissioner to be able to provide to members of the military. I believe that these prospective members of the military should fall within—an often-used phrase—the military family.

[Lord Lancaster of Kimbolton (Con)]

My Lords, I oppose Amendments 1 and 6. While I have enormous sympathy with their intent, when I heard the noble Baroness say that this would expand the role of the commissioner a little bit, I am afraid I thought it would do anything but. If we consider that there are some 160,000 to 170,000 members of the Armed Forces, including reserves, who would be able to have access to the commissioner because they are subject to service law, and that there are over 100,000 applications—the word used by the noble Baroness—to join the British Army alone, never mind the two other services, we would in effect be doubling the aperture for those who could potentially submit a complaint to the commissioner. The commissioner’s office is already under enormous strain. It is a tiny office because much of the service complaints system is done through the single services. The Bill already suggests that the budget for the commissioner is going to have to double. I simply do not understand how the commissioner could cope, but I am sympathetic to what the noble Baroness is trying to achieve.

Equally, Amendment 6 is slightly confused, because in Committee we established that attestation is the point at which someone joins the Armed Forces, and that is when they become subject to service law. Yet, where the noble Baroness seeks to extend it to those engaged in training as well, those people by definition have been attested and, if they are conducting military training, have already joined the military and so will be subject to service law.

While I am on my feet, I want to address a general point with the Minister in my capacity—and I declare my interest—as director of Army Reserve, on the test for whether someone is subject to service law. As a humble reservist, I am subject to service law, but only when I am claiming a reserve service day or wearing a uniform. For much of my time, like other reservists, I am not subject to service law. The problem is that, just because I and my fellow reservists are not subject to service law, that does not mean that the military is not doing things in my name which may warrant a service complaint. For example, I could be subject to a promotions board which I wish to contest; or I could be on a leave of absence, which then could be misinterpreted as a long-term absence and I could be dismissed from the Army Reserve. Indeed, I could be posted while I am on a leave of absence but not technically subject to service law at that point. If we look at this from a purely technical point of view and if we look at the Bill precisely, for all those actions happening while I am not subject to service law, I would not be able to submit a service complaint. I am not suggesting that it needs an amendment, but it would be useful if the Minister could reassure your Lordships’ House that the intent is that, when it comes to the reserves, they will be able to submit a complaint to the commissioner whether or not they are technically subject to service law at that moment.