Armed Forces Commissioner Bill

Baroness Smith of Newnham Excerpts

2nd reading
Wednesday 5th March 2025 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, it has been a long and interesting debate. This is the only contribution from the Liberal Democrat Benches, so I crave your Lordships’ indulgence if I appear to go back to the start of the debate to express these Benches’ support for, thanks to and tribute to His Majesty’s Armed Forces. As a country, we owe the Armed Forces a considerable debt of gratitude; that is something that we do not say sufficiently often, including to the public. It is very important that this debate is happening now, in the context of the geopolitical challenges that we face on a daily basis.

The Bill may play a small part in thinking about the welfare of and recruitment and retention in the Armed Forces. The noble Lord, Lord Lancaster, is right that we need to be very clear that we should not put too much emphasis on one Bill to rectify many of the issues associated with the Armed Forces, but this manifesto commitment from the Government is a welcome one and the Liberal Democrats, in the other place and here, welcome the Bill and wish it well. We inevitably have some questions and will raise some issues this evening and table some amendments in Committee.

The Bill is obviously intended to promote the welfare of service personnel and their family members, which is very welcome. That is important, and clearly goes beyond the scope of the current ombudsman, as the noble Lord, Lord Russell of Liverpool, talked about. How much further does it go from the existing role? In theory, it would appear to be helpful by going beyond service complaints to a wider remit for service personnel and their families to bring cases. However, like other noble Lords, I will press the Minister on how the Government envisage defining a family, because it can be understood in a variety of ways. In particular, there are questions about kinship carers and the families of deceased members. Here, there is a slight gap in the legislation as it is currently proposed. The Minister was very clear that it is about current service personnel, but if somebody has been killed in action, would their relevant family members be able to have recourse to the Armed Forces commissioner under the envisaged proposals or would there be a separate arrangement for them? It would be helpful to understand that a little bit more.

Like other noble Lords, I will raise the question of commissioner’s independence, but also the independence of the appointments process. How do His Majesty’s Government envisage engaging in the recruitment of the commissioner? Will it be an open call? I assume they are not going to recruit Capita to engage in the recruitment of the commissioner, but how else might they do it? Was the noble Lord, Lord Russell, thinking, since the German commissioner is a former MP, that perhaps a former Member of your Lordships’ House might be able to put themselves forward to be a commissioner, if the hereditary Peers Bill passes unamended?

It would be helpful to understand this. The legislation says that the commissioner will not be a civil servant or current service personnel, but it does not say that it cannot be a retired civil servant or former service personnel. The Minister is nodding. If the commissioner is a retired general, say, what provisions can be put in place to ensure that serving personnel would not feel inhibited about bringing cases? The noble Baroness, Lady Goldie, talked about having provisions for whistleblowing. If the independent commissioner had a services background they would inevitably have connections to the services. In many ways that would be very useful as they would understand the cases that are brought to them, but a very junior member of the Armed Forces might feel inhibited about bringing a case. It is important to understand how independent the commissioner will be.

That also relates to the commissioner’s budget. The figure of £4.5 million to £5 million has been talked about. How fixed is that figure? How great is the commissioner’s scope to put forward proposals to say, “This isn’t going to enough for the role that I have been asked to undertake”?

There is also a question of scope. The noble Baroness, Lady Liddell, talked about two very different types of cases: the very broad issue of accommodation—I will come back to that in a moment—and the very specific case of the RAF fatalities. Would something like that be within the commissioner’s scope, or would they not be able to look at it because, presumably, there would be formal inquiry? It would be useful to know how far there will be clear lines of demarcation between legal investigations and what the commissioner might do.

Finally, on Armed Forces accommodation, if we are concerned about the welfare of our Armed Forces and retention, then, as the noble Lord, Lord Lancaster, said, retention is about families. Having brought the homes back into public ownership, will His Majesty’s Government invest in ensuring that the homes and their maintenance are fit for purpose, so that one key aspect of welfare will not take up the majority of the commissioner’s time? It is surely important that the Government make it clear that they are going to deal with the accommodation issue. While we are about it, might the Government think about committing to the decent homes standard for Armed Forces accommodation? If it is right for renters in civilian life, we should surely demand at least as much for our Armed Forces personnel and their families.

Finally, is there any scope for looking at frivolous and vexatious cases? Clearly, we want the commissioner to be able to look at important, relevant cases, but just occasionally, cases might be put forward that are frivolous and vexatious. Will there be some screening process to make sure that the commissioner is able to focus on meaningful cases and not get caught up with anything that might be unnecessarily bureaucratic?

We wish this Bill well. We will perhaps bring forward a few amendments in Committee, but we look forward to the Minister’s response.