Armed Forces (Service Complaints and Financial Assistance) Bill

Debate between Lord Arbuthnot of Edrom and Rory Stewart

Monday 2nd February 2015 Commons Chamber

[Mr James Arbuthnot (North East Hampshire) (Con)]

This is probably the last defence debate in which I shall speak.

It is good that the subject is the introduction of a service complaints ombudsman, because the Defence Committee has been making points about that issue steadily since before I became a member in 2005. As far as I know, the only person who has been a member of the Committee since the beginning of the campaign for the establishment of a Service Complaints Commissioner —which was followed by the campaign for the appointment of an ombudsman—is the hon. Member for Merthyr Tydfil and Rhymney (Mr Havard), who, like me, will stand down as a Member of Parliament in a couple of months. He will leave a gaping hole in the Defence Committee and in the defence community, and I pay tribute to him.

I also pay tribute to the rest of the Committee, and to the amazingly dedicated and talented staff and advisers who support it. Under the chairmanship of my hon. Friend the Member for Penrith and The Border (Rory Stewart)—and I must say that I am delighted with my successor—it has continued to pursue the matter of the need for an ombudsman, and has produced a most thought-provoking and useful report on the Bill.

I agree with some of the Committee’s recommendations. I listened to the passionate and thorough argument advanced by my hon. Friend the Minister about the ombudsman’s ability to investigate thematic issues, and, on balance, I think that I still disagree with her, although she slightly destabilised my views. I think that she is wrong to rely too much on the idea that the ombudsman would be doing someone else’s job. Given all her expertise and access, the ombudsman might be able to add something helpful by producing a report. From time to time, such a report might be a cause of some discomfort in the Ministry of Defence, but an ombudsman is not there to be comfortable; an ombudsman is there to right injustice, and to be a catalyst for improvement.

However, I am not sure that I agree with all the Committee’s recommendations. I say that with complete diffidence, not having sat in on its evidence sessions. I do not entirely share its view that the ombudsman’s recommendations should be binding on the Defence Council. That position would differ from the position relating to the local government ombudsman, in an area that is even more sensitive because of concerns about the chain of command. On the whole, I agree with the Service Complaints Commissioner, who says that the Bill contains several “reasonable compromises”.

The big picture, I think, is this. For more than a decade, the Defence Committee has been pressing for the replacement of the commissioner by an ombudsman, and, over time, it has won both the argument and the battle. I congratulate it on that, but I also congratulate Ministers on listening to the Committee. I especially congratulate my hon. Friend the Minister. Last year, she took the unusual step of delaying the appointment of a successor to the excellent Dr Atkins, because, among other things, she wanted to be sure that we were all getting the right person. She and other Ministers have taken the matter truly seriously. They have taken the Defence Committee seriously, and they have overcome resistance in the chain of command.

Talking of the chain of command, I well remember Dr Atkins telling the Committee:

“Some of the Service Chiefs said they didn’t quite understand what an ombudsman did, but they were sure they didn’t want one.”

It was because of the quality of Dr Atkins’s work that she was able to persuade the service chiefs that an ombudsman would in the long run be beneficial. All I can say about her replacement, whom I have not met, is that they have my sympathy because Dr Atkins will be a hard act to follow.

[Rory Stewart]

On a point of clarification, the courts have ruled that the findings of the ombudsman in a case of maladministration and particular injustice will be binding on the Defence Council. The disagreement is simply about whether that should be in the Bill. I am interested in whether my right hon. Friend is opposed to the idea that the findings be binding, or should that be in the Bill?

[Mr Arbuthnot]

I spoke earlier of my diffidence. I think I should move into full retreat and just carry on with my speech because my hon. Friend already knows far more about that than I do, and I pay tribute to him again.

I want to change the subject slightly. I have only a page and a half left of my notes. I hope that I can have a little indulgence. Dr Susan Atkins stood up for the men and women of our armed forces as they came under real strain. They have fought overseas, in conflicts not really understood or supported by their countrymen back home, when warfare is changing, technology is evolving, stability is crumbling and new threats are arising on a monthly basis. Against that background, at the NATO summit, which the UK hosted, we set out to persuade other European countries of the imperative of doing what NATO agreed only in 2006—that each country should spend at least 2% of its GDP on defence. How right we were to argue that. How important it is that, as the world becomes less safe, we do what we can to increase our security and reduce our reliance on others, particularly the United States. So it comes as a real shock that this country appears to be drifting towards an election with not one single party committed to spending 2% of GDP on defence. As the economy recovers, defence must share in that recovery.