Armed Forces Bill

Debate between Lord Rosser and Baroness Dean of Thornton-le-Fylde

Monday 10th October 2011 Lords Chamber

[Baroness Dean of Thornton-le-Fylde]

My Lords, I, too, support this amendment. Although I did not take part in the debate last week, I listened very carefully to it. Arrangements had been made so that we did not vote last week; I expect that we will today on this amendment.

Following the Bill closely, I feel somewhat incredulous that the Government have not conceded in this area. This proposal is very much diluted from where we originally started. About three years ago I was privileged to sit in on a consultation, conducted by the Ministry of Defence, with the bereaved families of members of the Armed Forces. It was somewhat humbling to sit there and listen to them talk very constructively about how things could be changed. It would not help them, since they had already been in that situation, but it would help bereaved families of service men and women in the future and ease their lives with regard to delays in inquests. I gather that there is still a backlog of inquests.

I regard this as quite a simple amendment. It is about our duty of care to our service men and women. The covenant covers active service personnel and veterans, but what about service people who lose their lives and pay the ultimate price? What about the families they have left behind? This is a very small, light amendment. It does not call for huge expenditure. In my view, it meets what the whole ethos and spirit of the covenant to our Armed Forces personnel is really all about.

A number of colleagues have thanked the Minister for the changes in the Bill, which will leave the House very different from how it arrived. I give much of the credit for that to the Minister, to the noble Lord, Lord Wallace, and to the civil servants who have worked hard on this; I am not sure that these changes would have been achieved in another place. I ask why, on this last small request, which is really about the duty of care, the Government will not concede.

The amendment would not cost money and it certainly would not cost a lot of time. It would help the families and it would prevent us going back to the situation that we were in three years ago. It looks likely that multiple deaths will still be dealt with in Wiltshire, but inquests on single deaths in the Armed Forces look like going to a coroner who has probably never dealt with one before, which cannot be right. I give this amendment my wholehearted support, and hope that, if not through the Government conceding, then through a vote, we can get this into the Bill.

[Lord Rosser]

My Lords, the amendment would provide that the annual Armed Forces covenant would cover the operation of inquests as well as the subjects of healthcare, housing and education.

I do not wish to repeat the arguments already advanced in support of the amendment about why it is essential that there should be a specific reference in the Bill to the report covering the operation of inquests. Suffice to say that the decision not to proceed with the creation of the office of the chief coroner has strengthened the case. One of the roles of the chief coroner accepted on all sides of the House was the monitoring of investigations into service deaths and ensuring that coroners are trained to conduct investigations into military deaths. The chief coroner would also have had the responsibility to transfer inquests into military deaths to coroners in different jurisdictions to ensure that an inquest would be held by a coroner trained in military matters. The position now, as I understand it, is that investigations into single fatalities will still be transferred to the coroner closest to the next of kin. Inconsistency in quality of service and in quality of investigations for military families will therefore remain.

The amendment would not reverse or amend the Government’s decision in respect of the office of the chief coroner, but it would ensure that the issue of the operation of inquests—which, as has been said, remains a matter of considerable concern—is one that the Secretary of State has to report on each year in the Armed Forces covenant report, and thus is guaranteed to be the subject of continuing parliamentary and public scrutiny, challenge and debate.

In his responses in Grand Committee and on Report, the Minister—I think that he will accept this—has accepted that the operation of inquests is a subject that would be required to be covered by the Secretary of State in the Armed Forces covenant report at present but, his view is, not necessarily in future. The Minister argues that we currently have forces deployed overseas in military action—obviously, for example, in Afghanistan—which, sadly, continues to result in fatalities and consequential inquests, but that, hopefully, this will not be a permanent situation and thus there is no need, as there is with healthcare, housing and education, to have the operation of inquests included in the Bill as a required subject matter to be covered in the annual report.

I am sure that we all share his hope that the situation regarding fatalities will be transformed, but under current policy the current operations in Afghanistan will be continuing for just over another three years, and inquests are not always resolved and finalised quickly, as has been pointed out. Further, the anticipated position could well not materialise and we just do not know when or where our Armed Forces might be deployed overseas in the future. It is also the case that not all fatalities on active service occur overseas, as has been said, and there are fatalities in this country, including, in some years, some high-profile ones. It seems unrealistic to claim that, even though a highly sensitive issue such as the operation of inquests is one that the Secretary of State would almost certainly be expected to address for the next few years in an Armed Forces covenant report, such is our apparent certainty over what is going to happen in the highly uncertain and volatile arena of world affairs in the medium and longer term that we should decide now that it is not necessary to include any reference to the operation of inquests, along with healthcare, housing, and education in the Bill.

We have an Armed Forces Bill every five years—it is the one piece of guaranteed legislation that emanates from the Ministry of Defence, which is a department that generates very little new legislation. As a result, legislative changes and amendments that are required tend to be left until the next Armed Forces Bill. It may well be that experience of the processes and procedures provided for in this Bill for the annual Armed Forces covenant report will lead to some amendments being put forward by the then Government in the next Bill in just the same way as other parts of this, or previous Armed Forces Bills, may necessitate revision or amendment. There is nothing wrong with that, and there is likewise nothing wrong with the reference to the operation of inquests being included in this Bill as a subject matter that will be addressed in the annual Armed Forces covenant report, when we know it is an important and sensitive issue, because in what many might feel is the less than likely event of its ceasing to be an issue of importance and concern, it can be removed from the Bill by an amendment to a future Armed Forces Bill.

If the noble Baroness does not feel able to accept the Minister’s reply, and is minded to seek the opinion of the House, we will be supporting the amendment.