Armed Forces Bill

Lord Hay of Ballyore Excerpts

2nd reading
Monday 6th July 2026 Lords Chamber

[Lord Hay of Ballyore (DUP)]

My Lords, the Armed Forces Bill comes before the House at a very important time in the history of our nation. The threats facing our country are the most complex there have been for many decades. War continues to rage in Ukraine, which is a reminder that our country’s defence cannot be taken for granted. We need to invest properly in our Armed Forces. This starts with giving our brave Armed Forces personnel the best possible support.

There is much in the Bill to welcome. The creation of a new defence housing service is a long overdue step to improving the unacceptable standard of military accommodation that too many service families have endured for years. Good-quality housing is fundamental to keeping up good morale, giving our Armed Forces a place they can call home during active service. There are changes also to expand our Reserve Forces. Likewise, the reforms to the service justice system should improve efficiency and confidence that cases are dealt with fairly and transparently.

However, there are important areas where the Bill does not go far enough to support our Armed Forces. Most concerningly, the protections in the Armed Forces covenant do not apply to every corner of the country. The Bill proposes to strengthen the commitment to our Armed Forces by extending the statutory duties under the covenant to devolved and local government across this United Kingdom. The intentions behind this are good, but it is simply unacceptable that the Bill will potentially leave an opt-out for councils in Northern Ireland. That risks creating a situation where veterans, serving personnel and their families receive different levels of support based simply on where they happen to live. As we know, in Northern Ireland there are local councils which are controlled by parties which have pursued a political campaign against those who have served the Crown. It is simply unacceptable that a veteran in Northern Ireland can have less access to the support protected by the covenant than a veteran in Scotland or Cardiff.

Unfortunately, this is part of a wider pattern of inconsistency in the Government’s approach to veterans’ rights when it comes to Northern Ireland. The former Armed Forces Minister in his recent resignation highlighted the lack of protection for veterans in Northern Ireland as one reason why he could no longer serve in government. Many veterans of Operation Banner feel that the Government’s Troubles Bill does not provide the necessary protection from fictitious claims and legacy investigations. While transparency and the rule of law must always be upheld, many feel that the current legacy framework does not take into account the extraordinarily difficult circumstances that our security forces faced in the line of duty and that it leaves the door open to endless cycles of investigations, even where no evidence exists.

The Bill is a step in the right direction to improving the conditions that our Armed Forces serve under, particularly with the improvements to Armed Forces housing and the justice system. There is still significant work to do to ensure that our Armed Forces personnel are not left behind because of their service, especially in Northern Ireland, and we owe it to them to get this right. It is the very least we can do to support them, just as they have supported us by serving the Crown and putting on their uniforms every day to protect our country.

I support the principles of the Bill, but there are some concerns that have already been raised in the House, including about the level of defence investment that is needed for our future security.

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[Lord Coaker (Lab)]

That is always my intention—rather than to be just aspirational—to try to demand change of the system. The noble and gallant Lord will know from his experience and military service that even a senior rank or senior ministerial rank does not always mean things moving quite as quickly as one would hope. Certainly, this is not an aspiration but a desire to actually bring it about. We will work with other government departments to try to ensure that something happens on that as quickly as possible.

The right reverend Prelate the Bishop of Norwich raised various issues and welcomed the covenant. He heard what I had to say about single-person accommodation and the importance of a whole-society approach. A number of noble Lords mentioned service police and we will come back to some of those issues in Committee.

The noble Baroness, Lady Penn, heard me talk about some of the changes to visas. She mentioned the importance of paternity leave and raised that with me at another meeting outside the Chamber. Of course, we will look at that and see how we can take it forward. I think she mentioned an individual case as well; if she wants to write to me about that, because I do not know the case, I will look into it for her.

The right reverend Prelate the Bishop of Norwich made a really interesting point with respect to not just the Church of England but faith organisations as a whole. The moral dilemma there is between supporting the Armed Forces and appearing to support war versus being a peace-loving faith, which all faiths are. That is a moral dilemma, but sometimes you prevent war by preparing for it. That is the difficulty with respect to that.

The noble Baroness, Lady Lane-Fox, made the point about housing; she will have heard what I had to say about that. She made some other points about the need for transition support, learning and training, which were really important.

The noble Baroness, Lady Brinton, made a number of very important points, which were linked to points made by the noble Lord, Lord Thomas. I thought his was a brilliant legal contribution—I actually understood it, which is not always the case—in the way that he laid out some of the issues with respect to the cases that he referred to, as the noble Baroness, Lady Brinton, also pointed out. I do not want to say too much, because there are ongoing legal issues with respect to that, but there are certainly discussions taking place about how we take it forward.

Here is the legal advice I have had—and this is for the noble Baroness as well as the noble Lord. The Visiting Forces Act 1952 sets out the legal basis for how jurisdiction for criminal offences is decided between the UK civil authorities and a visiting forces service court martial. This is implemented in practice by the police, the Crown Prosecution Service and the UK courts as part of the criminal justice system. Following the deeply distressing recent case, officials are working across government to establish the full facts of how this process was enacted in this case.

If needs be, regarding some of the other things said by the noble Baroness, Lady Brinton, I will make sure that we come back in Committee with answers to the questions she raised, when I have had a full legal response to the things she asked. I thought they were really important, and I will bring them forward and share them—obviously, if I bring them up in Committee, people will see that.

I thank the noble Lord, Lord Lancaster, for the points he raised about the Strategic Reserve, and the point about data and the digitalisation of the system strikes me as one of those important things where it seems we ought to be able, sometimes, to just get on with them.

I take the point made by the noble Lord, Lord Magan, and we will continue the debate around resources. My only point of contention with him is that I really do not think we have “smashed” our special relationship with the United States. There are ups and downs, and sometimes it is difficult, but the UK-US relationship is of immense importance to our country and continues to be so.

I thank the noble Lord, Lord Dannatt, for the points he made. He will know that we are working hard to ensure that we do all we can to work properly with respect to historic wrecks. I will take the point about divers and come back to him in Committee about how the Bill impacts on that.

I thank my noble friend Lady Carberry for her remarks and the importance she gave to the reserves, not underplaying the role of the Active Reserve, and of employers being on side. I completely agree with that, and we will continue to take that forward.

The noble Baroness, Lady Bennett, also made the point about paternity leave, and she will have heard what I said to the noble Baroness, Lady Penn. The noble Baroness and I will continue to have the debate about 16 and 17 year-olds, the young adults—they are not child soldiers. I see it as a really important part of the contribution that the Armed Forces can make to the development of some of our young people, but that is a debate that we will continue to have. I do not know what the maritime war graves committee is looking at, but I will come back to her on that in Committee.

I thank the noble Baroness, Lady Fraser. We may not have delivered exactly what she wants with respect to the covenant but, if she looks at Clause 31, she will see that we have moved on the commissioner having responsibility for RFA personnel. She will know, given the continued remarks that she has made over a number of years around the importance of the RFA, that, although not giving her what she wants with respect to the covenant, the Government have moved on the extension of the role of the commissioner to that, which shows that contributions from all sides of the Chamber can actually make a difference to government policy.

I have said what I have said to the noble Lord, Lord Thomas. The noble Lord, Lord Morse, made the point about housing which, again, is really important.

My noble friend Lady Dacres made a good contribution. The consistency of delivery around the covenant across the country is really important, and she is quite right to make that point. I would say that one of the successes of the introduction of the covenant has been that it has changed attitudes and culture, which often does not require legislation. I think that the Armed Forces covenant has forced local authorities—and will soon do so for national government, although it has probably changed national government behaviour by its very introduction—to change the way in which people operate and the way people interact with our Armed Forces and veterans. I think it has made a difference there, and I say to my noble friend that that is how we see it taking place across the country.

With respect to the noble Lord, Lord Hay, discussions continue on the Troubles Bill and Northern Ireland and the proper place for our veterans and respecting them.

The noble Lord, Lord Bailey, made a hugely moving speech about his own experience and the way in which cadets work. We all support cadets. There are significant sums of money going into cadets, and we wish to expand on that. The noble Lord made an important point about how we attract more volunteers to support that. He will know there are tens of thousands of cadets across the country. This is a point I often make: you see them at events such as Remembrance Sunday but also many others, including Armed Forces Day, which we had recently. The role of cadets in those events, nationwide, was a great tribute to their organisations and a symbol of the sort of society we want in the way in which cadets can bring people together. I thank the noble Lord again for the contribution he made, from his own personal experience, on the way that cadets can help people who may need help and also help those who are simply young people growing up. I think that that is important.

May I congratulate the noble Lord, Lord Stevens, on his work as a graduate of the Armed Forces Parliamentary Scheme?

[Lord Hay of Ballyore (DUP)]

My Lords, I thank the Minister for giving way. He will know Northern Ireland extremely well, and he will know that there are at least five councils of Northern Ireland that do not implement the covenant. What do you have when your veterans lose out? You end up with a two-tier system where, across the rest of the United Kingdom, the covenant is very much rolled out. There is an opportunity in the Bill to try to address that issue, so it is not the responsibility of a local government to implement the covenant.

This issue has been going on for some time. I could name the councils involved, but, when you have five councils out of 11, you are in a situation where you have almost half of Northern Ireland not implementing the covenant and veterans losing out, when the rest of the United Kingdom and the veterans benefit from the covenant. So I ask the Minister: is there a way, within the Bill, of addressing the issue around Northern Ireland and the covenant?

[Lord Coaker (Lab)]

The noble Lord explained some of that in his question. There is a particular situation, as he will know, with respect to Northern Ireland and the application of the covenant to all bodies there. As he will know, the duty applying to local authorities does not apply, and that becomes a problem, but we expect the covenant to apply to Northern Ireland through what the UK Government do. It is an ambiguity and it is difficult, but we will always seek to apply the covenant where we can, where it is appropriate, and where it fits the various devolution settlements with respect to that.

The covenant supports the Armed Forces community in Northern Ireland. Borough districts and city councils in Northern Ireland do not generally exercise functions in the policy areas in scope of the covenant legal duty. This does not exclude councils in Northern Ireland from pledging their support for the Armed Forces community by becoming a covenant signatory. I think that is what the noble Lord referred to. Some councils will choose to do so and others will not. That is the situation as it stands.