Armed Forces Bill Debate

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Department: Ministry of Defence
Jeremy Corbyn Portrait Jeremy Corbyn
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The amendments I have tabled concern the right of British nationals to engage in foreign wars. What brought them about is reports that British nationals have been involved in Israel Defence Forces activities in Gaza and other places. To prevent this from happening in future, my amendments would amend the Visiting Forces Act 1952 to give the Secretary of State power to undertake some form of legal action against those individuals. To me, it seems very obvious and very important that if, as a general principle, we say that British nationals should not be allowed to fight for a foreign force, or to engage in a war in another country under a different command, we should do something about it legally. My amendments are quite widely supported and very carefully drafted, and I hope that the Minister will understand why I tabled them and their importance.

I never thought that in my lifetime, we would be able to watch genocide taking place live on television, as is happening in Gaza. My amendments clearly state that if cases are taken to the International Court of Justice or the International Criminal Court, that would be enough to trigger action by the Secretary of State in this country. That is why I tabled them, and I hope that the House will take them seriously and support them.

Al Carns Portrait Al Carns (Birmingham Selly Oak) (Lab)
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The Bill has four key themes. First, it creates the Defence Housing Service, which is a fantastic move forward; it will change for a generation how our people are looked after in service family accommodation. Secondly, it will make major improvements to our service justice system, which is another fantastic move forward. Thirdly and most importantly, it will look at how we renew our reservists. It looks at how we extend duty for our strategic reserves.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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On reservists, I am sure that the hon. Member will be aware that the maximum age of recall is being increased from 60 to 65, and the threshold for mobilisation is being lowered. The problem in Northern Ireland is that our reservists are overwhelmingly employed in civilian jobs in our small and medium-sized enterprises, so the changes create real problems. Can he put forward a solution that would enable our small and medium-sized businesses to employ reservists and let them do their duty?

Al Carns Portrait Al Carns
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As we progress the Bill collectively, we could, in some areas, look at giving better support to employers, but it is worth being clear that the Bill looks to extend service from anything from four to 16 years. It allows for the return to service of ex-military personnel until they are 65. That is being standardised across officers, other ranks, the Navy, the Army and the Air Force. By doing that, we will increase our strategic reserve pool. If we get caught in a crisis in any way, shape or form, their skills can be harnessed to help the nation out. There is a further discussion to be had, at a later stage, about how we include civilians in that.

This Bill puts in place a whole range of important provisions—on improving the standard of living and housing for the armed forces, on reserves and on the service justice system—while, importantly, keeping us safe at home and abroad.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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I call the shadow Minister.

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Louise Sandher-Jones Portrait Louise Sandher-Jones
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I will not comment, piece by piece, on what might be in the defence investment plan. We are getting on with the job of making improvements for service families now, and we are preparing for the launch of the new Defence Housing Service.

Amendment 11 states that the Defence Housing Service must operate within a budget set out in the DIP. That risks constraining the Defence Housing Service in a scenario where investment is set out in the plan, but has to rise thereafter. Any additional spending then risks being in breach of this requirement, unless and until a new defence investment plan is published. I am sure that the right hon. Gentleman will appreciate that that would constrain the service’s ability to respond swiftly and appropriately to changing requirements.

New clause 11 would require any future Secretary of State to consider whether to make a derogation under article 15 of the ECHR, which provides that

“in time of war or other public emergency threatening the life of the nation…a State may take measures derogating from its obligations under the Convention only to the extent strictly required by the exigencies of the situation”,

provided that such measures are

“not…inconsistent with the State’s other obligations under international law”.

When the Overseas Operations (Service Personnel and Veterans) Bill was being considered, concerns were raised that its clause 12 risked damaging the UK’s reputation for upholding the rule of law. It was also seen as unnecessary, because the Government can already derogate under article 15 of the ECHR, so the provision did not add any additional legal power and was largely symbolic. It was the last Government who agreed to its removal from that Bill, and I have not heard a convincing case for its inclusion in this Bill.

I will address new clauses 3 and 5 together, as they both deal with how we care for our veterans. I thank hon. Members for tabling them. I appreciate their concerns about our armed forces veterans, and I acknowledge the sentiments behind the new clauses. We have published our new 10-year veterans strategy, which sets out a new narrative around the remarkable men and women who have served in our armed forces. It applies UK-wide, is cross-Government and cross-sector in scope, and will provide significant opportunity for both data collection and data sharing, and we do not wish to distract from the progression of this work.

Al Carns Portrait Al Carns
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We have seen movement on the covenant, and the introduction of the Defence Housing Service and Op Valour. Would it be possible for the Minister to set out their impact on recruitment, retention and morale across the armed forces over the past year or two?

Louise Sandher-Jones Portrait Louise Sandher-Jones
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My hon. Friend is right to raise this issue. Recruitment and retention have both improved, and, crucially, morale has improved, as measured through the armed forces continuous attitude survey, so our work so far has shown clear results.