Armed Forces Commissioner Bill Debate

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Department: Ministry of Defence
Andrew Murrison Portrait Dr Andrew Murrison (South West Wiltshire) (Con)
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I note with interest the Government’s amendment in lieu. Does the Minister agree that, in all of this, which is unobjectionable in the main, there is a concern not around the person making the complaint but around the person about whom the complaint is made? As we live in an increasingly litigious society—the number of service complaints are going up and the number of cases considered by the ombudsman has been going up—it is likely that the Armed Forces Commissioner’s work and the number of people complained about will go up. Is the Minister satisfied that there is sufficient support for those about whom complaints are made, since the distress that it causes when those complaints are unfounded, or unfounded in part, is significant?

Luke Pollard Portrait Luke Pollard
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I know that the right hon. Gentleman has experience as a Minister who covered this area in the last Government. He is right that we need to reflect on the fact that everyone is innocent until proven guilty. Certainly, we need to make sure that we are looking after our whole force.

It is true that there are issues that we believe are not being addressed because there is not a sufficient spotlight being shone on them. It is for that reason that the Armed Forces Commissioner Bill provides for a reporting function not to Ministers or the Chief of the Defence Staff, but to Parliament. Indeed, I believe the Defence Committee chaired by my hon. Friend the Member for Slough (Mr Dhesi) is likely to receive those reports. It is precisely for those reasons that I believe the commissioner may be able to offer a view as to how the system they oversee will be able not only to protect victims and perpetrators, and seek justice with perpetrators, but deal with people who may be falsely accused. Largely, I expect general service welfare matters to be the predominant piece of activity for the commissioner, rather than necessarily looking at individual aspects of abuse or misbehaviour for which there is already a legal system within defence that can address some of those. As a whole, however, I take the right hon. Gentleman’s point.

In addition to the amendment that we have tabled in lieu, the Government have also committed in the other place to updating their current Raising a Concern policy, which includes replicating the protections available to civilians under the Public Interest Disclosure Act 1998. The update will outline the role of the commissioner and ensure that similar protections for people under the policy are applied to disclosures made to the commissioner. That will include provisions related to anonymity and confidentiality, and ensure that anyone who raises a genuine concern in line with the policy will be protected from unfair or negative treatment due to the raising of that concern.

Further, the Government will conduct a thorough communications campaign to ensure that members of our armed forces and their families are clear about the role of the commissioner and how to access their office, how it interacts with existing policy protections and policy, the type of issues that can be raised, and how they will be dealt with.

Taken together, our Government amendment and the additional commitments that I have outlined today and that Lord Coaker outlined to the House of Lords will establish genuine protections for people wishing to raise concerns anonymously, and build trust and confidence with the armed forces and their family members in a way that we cannot envisage would be achieved by Lords amendments 2 and 3 on their own.

This Bill is a critical step in renewing the nation’s contract with those who serve. For the first time, we are providing them and their family members with a genuinely independent champion, a direct point of contact for them to raise welfare matters and to have those issues scrutinised in due course by Parliament, and in turn for the Government—this Government and any Government in the future—to be held to account. That can only be a positive thing. I therefore urge the House to support the Government’s position.