Armed Forces Bill

Debate between Andrew Murrison and Mark Francois

Committee of the whole House
Tuesday 2nd June 2026 Commons Chamber

[Mr Francois]

I do not want to pre-empt what will no doubt be an erudite speech, but the key point is that there is a mechanism for doing this—we are halfway there.

If service parents get a transfer order a few months in advance, then unless they can be certain that the receiving LEA will accept their EHCP, which they may have gone through a bureaucratic minefield to achieve—I am sure we all have individual examples from our constituencies—are they going to risk it? Will they stick or twist? Or will they leave the service and try to find somewhere local to live, but at least keep the precious EHCP? The nub of the matter is whether we can make it mandatory that the transfer takes place. Having made the point, I will rest, and wait for the contribution from the hon. Member for Leyton and Wanstead (Mr Bailey).

Amendment 4 is similar in spirit to amendments 2 and 3, but relates to the national health service rather than to education. The essence of the amendment is that military personnel who are already on a waiting list for treatment in one NHS integrated care board area should not suffer any disadvantage relative to the civilian community if, again, they have to be transferred for operational or other service-related reasons. In plain English, they should not lose their place in the queue.

[Dr Murrison]

One area that will blight the lives of many of my right hon. Friend’s constituents as it does mine is, of course, primary care dentistry. People can move from one end of the country to another into a dental desert—Wiltshire is one of those. Does he think that there is a case for putting a duty on integrated care boards to translate people’s position with an NHS dentist—where they are lucky enough to find one—to their new area? I am thinking particularly of Wiltshire and the shortage of places, especially for service children and the partners of service personnel.

[Mr Francois]

My right hon. Friend is of course a former MOD Minister himself and represents a large number of service personnel. It is obvious from his intervention that he understands the issue very well. What he has just asked me is wholly in line with the spirit of our amendment.

My hon. Friend the Member for Solihull West and Shirley unfortunately has a competing commitment this afternoon with the Justice Committee and the report on jury trial, which I hope the House accepts is a very important matter. He hopes to join us later in the debate when he has attended to that. Given his medical expertise, he pressed this point with the Minister for Veterans and People at the same meeting that I have referred to. Sadly, again, we received an equally uninspiring reply. For the record, given that the King’s Speech also presaged new legislation on NHS organisation, we sought to suggest that one way to proceed might be to include an amendment in that Bill rather than in this one. In other words, that medical issue could be put in a Bill introduced by Ministers from the Department of Health and Social Care. I reiterate our request, perhaps to the Government more broadly, to consider what we still regard to be a sensible proposal.

I turn now to amendment 5 on court martial boards. One issue highlighted during our visit to see the service justice system was the challenge of finding sufficient officers to serve on court martial boards who are in no way connected with the defendant. That can become more of a challenge as defendants become more senior, as the pool of officers from which to draw narrows as one moves up the promotion pyramid. The essence of the amendment is to allow retired officers to be drawn upon to help comprise the membership of boards for court martial, and therefore to widen the potential pool of those who might be available to undertake this important military and, indeed, civic duty.

[Dr Murrison]

I am grateful to my right hon. Friend for giving way; he is being very indulgent. I agree with him and—with respect—not with the Minister, because my recollection from being the Minister at the time was that there was a shortage of officers to populate court martial boards. When in office, we ensured that the process was service agnostic, which gave a bigger pool from which to draw. Would it be a compromise to allow retired officers of a certain seniority or length of time out of service, since that would maintain the currency that clearly is troubling the Minister? Does my right hon. Friend agree that the Minister is right to require OR-7s, as well as warrant officers, to serve on court martial boards since that would expand the pool of people available?

[Mr Francois]

Again, my right hon. Friend makes a very important point: allowing tri-service boards increases the potential pool, even of senior officers, who can serve.

When we made that visit, the Minister was not able to be with us. That is no criticism; he is an MOD Minister, and he has a lot to think about—he has a great deal to think about at the moment—but he was not able to be there on that visit, so he did not hear it from the horse’s mouth. This issue was raised with us by practitioners in the service justice system.

--- Later in debate ---

[Mr Francois]

No, the hon. Gentleman has had his go.

The Committee may remember that we were promised that the DIP would be published in the autumn; then, we were faithfully promised it by Christmas; and then we were absolutely, definitely going to get it in the new year. But here we are in June—and, incredibly, still no DIP.

[Dr Murrison]

Has my right hon. Friend had a chance to look at the report published by techUK, which represents a lot of small and medium-sized companies in the defence tech sector, and seen what it has to say, objectively, about the number of jobs that are being lost in the sector, the lack of investment in the sector, the pressure that its members are coming under and the sector’s lack of viability given this continued, unbearable delay? It needs certainty. When are we going to have it?

[Mr Francois]

I entirely agree with my right hon. Friend. We would all like to know when we are going to have it, but the reason we do not have it is simple. It is not that the staff work has not been completed—it has. It is not that the programmes have not been costed—they have. The fundamental problem is that while Ministers say they are working flat out and knocking themselves out on it, and are reduced to euphemisms about how hard they are working, it was actually done months ago. The problem is that the Chancellor of the Exchequer adamantly refuses to sign it, because if she signed it, she would have to say how she is going to pay for it. That is why MOD Ministers are completely hide-bound: the Prime Minister will not force the Chancellor to sign the equipment plan for the armed forces of the United Kingdom. The delay is becoming a farce. Indeed, we are now being widely criticised by our international partners, including, just the other day, the chairman of the NATO Military Committee.

At Defence questions, the Secretary of State was adamant that the Prime Minister wanted the DIP published by the NATO summit. That raises two questions: which NATO summit, and which Prime Minister? Assuming he means the summit in Ankara on 7 to 8 July, this vital document will be delayed for yet another month. What is worse, last year there were £2.6 billion of in-year operational cuts to the defence budget, and this year there are £3.5 billion of in-year cuts.

We will press new clause 2 to force a vote on a backstop plan to produce the DIP, to remind His Majesty’s Treasury that the first duty of government, above all others, is the defence of the realm. We cannot defend the realm with a lot of bluster and an equipment plan that does not exist.