Armed Forces (Service Complaints and Financial Assistance) Bill Debate
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Anna Soubry
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Armed Forces (Service Complaints and Financial Assistance) Bill
Anna Soubry Excerpts(9 years, 10 months ago)
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The Minister of State, Ministry of Defence (Anna Soubry)
I beg to move, That the Bill be now read a Second time.
Our armed forces risk their lives to safeguard our peace and prosperity, and their welfare must therefore be a priority for any Government. This Government have shown their determination to meet their obligations to our servicemen and women and their families by enshrining the armed forces covenant in law and taking real action to improve the support available to our brave soldiers, sailors, airmen and women and, of course, marines.
We have given members of the armed forces priority in relation to health care, on the basis of clinical need, and we have supported their needs in relation to housing and school admissions. We have improved primary health care by integrating our single-service medical and dental centres. We have improved opportunities for service personnel to buy their own homes through our very successful Forces Help To Buy scheme. We have helped service children to find stability in schools by increasing funding for education to approximately £6 million a year, and we are helping service personnel to gain access to selected credit unions by providing payroll deduction.
We recognise, however, that the obligation to support our armed forces goes far beyond central Government, and I have been impressed by the willingness of others to play their part. Every local authority in Great Britain has now signed a community covenant pledging support for the armed forces communities in its area, and more than 360 companies—from big banks and supermarkets to small businesses—have signed the corporate covenant pledging their support. Together, they are providing employment assistance, guaranteed interview schemes, and backing for our reserves campaign.
Let me take this opportunity to thank all our local authorities. I wrote to each and every one, topping and tailing each letter. That seems to have paid off, because I have been inundated with responses from local authorities throughout Great Britain, of all political persuasions, describing in detail how seriously they take their commitment to the community covenant. I hope that all Members will now seize the opportunity to ensure that the covenant is delivered locally.
There is, however, no room for complacency. The Bill is intended to ensure that we continue to do the right thing by our armed forces personnel. It improves the system for the handling of complaints in the armed forces, and it ensures that we can provide funds for organisations that support the armed forces community, wherever they are based.
Mr Jim Cunningham (Coventry South) (Lab)
I am sure that the Minister will know that the people of Coventry and Warwickshire take particular pride in the welfare of their armed forces. Can she confirm the level of support she is getting from Coventry and Warwickshire?
Anna Soubry
I can. I cannot off the top of my head remember whether one of the many letters I received was from the two authorities, but I would not be surprised, if I can put it that way. I have genuinely been seriously impressed by the work that is happening in local authorities. I do not care what political party is running those authorities. I hope they sing this out, particularly if they are looking forward to elections.
Mr John Redwood (Wokingham) (Con)
Will the Minister ensure that other Government Departments fully participate in enforcing the covenant? I have a case of a couple who have had to move twice recently to meet the husband’s requirements in the armed services. The wife is a nurse. She was on maternity leave. There was a delay in getting a job at a new hospital in the new place they were going to. The Government are now demanding all the maternity pay back because she was a few days out of time. That is not helpful and does not seem to be in the spirit of the covenant.
Anna Soubry
On the basis of what my right hon. Friend has just said, I would agree. I urge him, and any other hon. Member, to come to see me. I would have no difficulty in taking up whatever case it may be on behalf of a constituent or an hon. Member. I would be happy to do that. He makes a good point. It is imperative that we work across government. I am pleased that that includes working with local authorities.
Our armed forces do not have the same opportunities for redress on employment issues as civilians—they do not, for example, routinely have access to employment tribunals. We must therefore ensure that there is a robust system in place to deal with any complaints they may have in connection with their service. Such a system needs to be able to deal with grievances quickly and fairly. When it comes to speed, we know that there are some serious failings in the existing system.
That is not just right in principle but is essential for operational effectiveness. If a group of men and women are happy and content in their work, it goes without saying that they will work well, whatever the circumstances of their work may be. Having unresolved complaints breeds discontent, which can undermine morale and diminish our fighting capability.
I turn now to the specific proposals in the Bill. The existing complaints system was set up by the Armed Forces Act 2006 and covers all three services. Many complaints are dealt with promptly and successfully, but we accept that performance is still not good enough and that it can be significantly improved.
It is good to remind the House at this stage of some of the statistics. Fewer than 1% of our service personnel feel that they have any need to raise a grievance and use the complaints system. Of the complaints that are made, it is interesting to note that the majority are not about bullying, harassment and discrimination. It is fair and right to say that those are the most serious complaints, but I note that in the Navy, for example, 10%—I am not going to say only 10%, because 10% is too many —of complaints are about bullying, harassment and discrimination; the overwhelming majority relate to pay, conditions and allowances.
Mrs Madeleine Moon (Bridgend) (Lab)
Has the Minister seen the briefing from the Equality and Human Rights Commission? It says that
“there are compelling legal and practical arguments for removing the requirement in section 121 of the Equality Act 2010 for a service complaint to be raised before a discrimination claim is made to the employment tribunal.”
Does she agree that members of the armed forces facing discrimination should have greater rights to go to an employment tribunal?
Anna Soubry
I do not think it is as simple and as straightforward as that. As evidence emerges, one of the things we are finding is that more members of the armed forces—notably women—rightly feel more able to make clear allegations, which doubtless are well founded, of bullying, harassment and so on, and that often such grievances are settled privately. What I mean by that is not that they are settled in some cosy way, in a corridor, but that people do not necessarily have formally to go through the grievance system. I am open to making sure we get the right result, and I certainly want to make sure nobody in our armed forces suffers from any form of discrimination, bullying or harassment, but the way in which we achieve that is perhaps the debate to be had—we are all agreed absolutely on the aim.
The hon. Member for Bridgend (Mrs Moon) will, I know, have noticed that 10% of Royal Navy cases were for bullying, harassment or discrimination, and that the figure is 43% for our Army and 38% for the RAF. The figures show that, as we know, we have considerably more to do to make sure that it does not matter what anyone’s sex or sexual orientation is, and that they should be free within our armed forces, and indeed anywhere else, from any form of bullying, harassment or discrimination. I wanted to put on record the fact that the majority of cases are about pay, pensions and allowances.
In her annual report, published on 27 March last year, former Service Complaints Commissioner Dr Susan Atkins could not provide an assurance that the current system was operating efficiently, effectively or fairly. That is of concern not only to everyone in this House but, I assure Members, to all Ministers in the MOD, and rightly so.
It is only right and fair that at this stage I pay tribute to the great work that Dr Susan Atkins did in her time as commissioner. I found it a great pleasure to work with her. I think she started her job in a different place from where she ended it, and I think she made huge strides. I have no doubt that she faced many difficulties in her appointment, but she seized them robustly, she took no prisoners, and she undoubtedly improved the system. I hope that the members of the House of Commons Defence Committee, who I know took a keen interest in her work, will agree with my assessment of the great work she did, and that we will sorely miss her.
I also think I speak on behalf of everybody—and if I do not, I will be intervened on, no doubt—when I say that we have an excellent replacement in Nicola Williams, who will be our first service complaints ombudsman. She, too, is an outstanding individual and, if I may say so, an outstanding woman.
Dr Julian Lewis (New Forest East) (Con)
As a member of the Committee when Nicola was interviewed, may I say that I was deeply impressed by the way she stood up, with good humour and resilience, to some tough questioning? Does my hon. Friend agree that what is particularly important about this Bill, given some people’s fears that the chain of command system could be subverted or clogged up, is that proposed new section 340I(1) to the Armed Forces Act 2006 states that the ombudsman has complete discretion
“to determine whether to begin, continue or discontinue an investigation”?
Does she agree that that is an important safeguard?
Anna Soubry
I absolutely do, and I am very grateful to my hon. Friend for his sensible, common-sense words. I join him in paying tribute—again—to Nicola Williams, and I think he will agree with me about Dr Atkins, too.
What my hon. Friend says is absolutely right. I think—and hope—that there will be some debate and argument, and I was going to pay tribute to the Defence Committee for the great work it has done over a number of years in wanting to make huge changes to the role of the Service Complaints Commissioner.
I anticipate that we in this House will not necessarily agree on everything, although I would like to think we will be able to find a way of agreeing. The most important point, however, is that we agree on the principles of the Bill. We agree on what we are all seeking to achieve—apart from the thematic, which I know will separate us. We are all absolutely agreed in wanting to make sure we have an ombudsman who acts and works without fear or favour, who is rigorous in their investigation, and who puts the person—the individual—at the heart of all the work they do.
One of the great joys of the Bill is that it is not overly prescriptive, and that is very much right. We want our ombudsman to have free rein. I am told that Susan Atkins would visit units and, if she was concerned about incidents or that people felt they could not raise a grievance or a complaint, she did not hesitate in taking that up, not just with Ministers but with the chiefs of staff. She certainly had the sort of determination and brave, rigorous approach that we are all agreed on, and which we will see—I do not doubt—in Nicola Williams.
Richard Drax (South Dorset) (Con)
I am delighted by what the Government are doing in the Bill—it is excellent news. How can we be sure that the ombudsman will act swiftly? May I also agree with the Minister entirely on employment tribunals? Thank goodness the Government have not gone down that road. As a former soldier, I think that would be a disaster and would seriously undermine the discipline of a unit and the Army as a whole.
Anna Soubry
It is always difficult when, on one side of the argument, some people are not quite convinced by the Bill and, on the other side, other people are also not convinced by it. We are in the middle, and I am convinced that we have got the balance right. The chain of command need not think that they have anything to fear or that they will be undermined by the creation of the ombudsman and the new system. Equally, we have satisfied those who want a more rigorous approach to ensure that genuine grievances, which cannot be raised in the normal way by virtue of service, will be properly dealt with, and that if they are not—when maladministration is alleged—they will be properly investigated.
Mr Mike Hancock (Portsmouth South) (Ind)
I am sure I speak for all hon. Members when I say that the Bill is long overdue and most welcome. How wide is the remit of the ombudsman? Does it stick at maladministration, or can it go further? The Minister said she wanted people to have every opportunity to raise their concerns. How far is she prepared to see that go?
Anna Soubry
I could be rude to the hon. Gentleman and suggest that he read the Bill. It is clear that it provides for an ombudsman in the traditional sense of someone who investigates when a complaint of maladministration has made. The definition of maladministration is broad, but we are clear that we are putting in place a new complaints system. As a result, we now have an ombudsman. That is not another level of appeal: it means that someone whose grievance has been flawed through maladministration and not been dealt with properly can take their complaint to the ombudsman, who will see whether there has been maladministration. The ombudsman will have the breadth of remit to go into the detail of the allegation of administration, and then to report without fear or favour and with rigour. At any stage and at any time, the ombudsman can go to any of the chiefs of staff or any Minister—most importantly, of course, the Secretary of State—and has complete freedom, should he or she so wish, to go to any member of the press and say, “Something is happening here that I am not happy about”, or to the Chair of the Select Committee and say, “This is something that I have found out and I am concerned about.”
In many ways, those are the great freedoms, but it is clear in the Bill that the ombudsman is appointed to look at maladministration—never forgetting that it is the individual who has raised a grievance, sought redress, felt that they have not got it through the system and have exhausted their appeals who will go to the ombudsman on the basis of maladministration, like many of those who go to an ombudsman.
We have drafted regulations that deal with the new system of complaints. Hon. Members have rightly raised the criticism—Dr Susan Atkins also complained about it—that too often there is too much delay. That is wrong, and that is why it is imperative that we reform the system. When we have the ombudsman in place, he or she must be in a position to conclude that delay is part of maladministration. He or she will be able to look specifically at that and take their recommendations to the Defence Council if need be. I have confidence that action will be taken accordingly.
Mr Redwood
Given that so many complaints are about pay, allowances and other financial matters, is there more that Ministers can do to ensure that more armed service personnel can buy a property of their own before they leave the armed forces, so that they do not become homeless when they leave their contract?
Anna Soubry
We have set up the Help to Buy scheme. I hope that my right hon. Friend will forgive me if I cannot remember the exact figures, but I think that the scheme has now received nearly 3,000 successful applications. It has been hugely successful. In my limited experience, if members of our armed forces think that something is good, it will spread like wildfire, and that seems to be happening. The attitude that the Government take is that people should have a choice. Not everyone wants to buy their own home—it does not suit everybody—but we must give every opportunity to those who want to do so, because we believe in a property-owning democracy.
I have mentioned the House of Commons Defence Committee, and I want to pay tribute to its work over many years in advancing the cause of putting in place a proper complaints system and a service complaints ombudsman. I look forward to the ensuing debate with members of the Committee. I am sure that we will agree on many things, and that we can work together on them.
Clause 1 creates a new service complaints ombudsman to replace the existing Service Complaints Commissioner. Clause 2 replaces the existing service complaints system with a new and improved framework. I believe that it should be the armed forces that are responsible for dealing with any complaints from service personnel. That is the right way to do it. It is for the services to ensure that complaints are dealt with fairly and that the appropriate redress is given when complaints are upheld. When something has gone wrong, it is for the services to put it right. It is their responsibility and no one else’s.
The role of the ombudsman should therefore be to ensure that the systems are working effectively and that complaints are properly dealt with. The ombudsman’s oversight of the system will also put them in a unique position to identify lessons for further improvement, which will benefit individuals and the services more widely. The service chiefs are content that the proposals set out in the Bill strike the right balance between creating strong and independent oversight and maintaining the authority of the chain of command. The former Service Complaints Commissioner was also fully involved in developing the reforms.
A central feature of the new system is that the service complaints ombudsman, unlike the current commissioner, will have a power to consider whether a service complaint has been handled properly. If the ombudsman considers that there has been maladministration, and potentially injustice, in the handling of a complaint, he or she will make recommendations to the Defence Council to put things right. This could include, for example, reconsidering the complaint or rerunning a particular part of the process. The Defence Council will remain responsible for any decisions arising from the ombudsman’s recommendations, but it would need to give rational reasons for rejecting any recommendation.
The Bill also makes other changes. It gives service personnel the right to apply to the ombudsman if they believe that the handling of their complaint has been subject to maladministration. It will reduce the number of appeal levels, which will speed up the process while remaining fair. It includes a new process of assigning a complaint to someone who has the authority to deal with it and give appropriate redress. It gives the ombudsman a new role at an early stage of the complaints procedure. When the chain of command has decided not to allow a complaint to be considered within the service complaints system because, for example, it is out of time or excluded on other grounds, a service person could ask the ombudsman to determine whether that decision was correct. A decision by the ombudsman will be final. The ombudsman will have a similar role in respect of appeals decided as out of time. The ombudsman will also retain the vital role of offering an alternative route for a serviceman or woman who does not wish, or is unable, to approach the chain of command directly, to have their concerns fed into the system. That is an important safeguard, especially where there are allegations of bullying or harassment.
Finally, the requirement to report annually on the operation of the system will remain, ensuring that there is proper accountability to Parliament. I just wish to re-emphasise that the ombudsman has access to any Minister and any member of any Committee in this place and also has the freedom to go to the media, should he or she wish to do so. So, over and above the annual report, they have an unshackled freedom to report without fear or favour their findings in relation to any particular grievance.
Mr Jim Cunningham
Does that mean that there is a provision for whistleblowers in the armed forces?
Anna Soubry
With respect to the hon. Gentleman, that is a completely different issue. As members of the armed forces do not have the same access and rights as other workers, this Bill ensures that they have a rigorous complaints system, so that when they have a grievance, whether it is about an allowance or because someone is bullying or harassing them, they can make a complaint, which will be taken seriously and dealt with in an efficient and fair manner. If it is found that that complaint is right and it is upheld, there will then be efficient redress. So this is about individuals and their grievances. Whistleblowing is a different matter and does not sit within the service’s complaints, and I do not think that anybody would want it to do so.
May I now deal with the remainder of the Bill, which is, I am happy to say, uncontentious? I am talking about the financial assistance to organisations that support our armed forces community. The voluntary and community sector has a long history of supporting our services personnel, veterans and their families. Many of those groups are small and locally based and run by dedicated volunteers and they have the greatest understanding of the sort of caring and focused support that is needed. The Government need to work in partnership with those organisations and that includes providing financial assistance where appropriate.
Over the past four years, the Government have given £105 million to such groups to help them deliver the commitments of the covenant. That money has been used to deliver everything from veterans’ accommodation to short breaks for families with disabled children. The groups range from huge organisations—some of our greatest and biggest charities—right down to very small local charities delivering right at a local level.
We are also looking at how the future armed forces covenant grant fund, set at £10 million a year in future—it is set in perpetuity—will be managed. If we are to make the most of that money, we must ensure that it goes to the right places. Organisations working with the armed forces community are based throughout the United Kingdom and beyond, and we want them to be able to benefit from this money wherever they are located.
Under existing legislation, we can fund charities and make payments to local authorities that benefit serving personnel in Great Britain but not to veterans in Scotland. We have navigated those constraints on a temporary basis, but clause 4 enables us to deal with them in the long term by allowing payments to organisations anywhere in the world.
The Bill has already gone through detailed scrutiny in the House of Lords where there was widespread support for its aims. There was a clear consensus on the need for reform of the complaints system although there were, of course, different views on the detail of those reforms. In particular, there was extensive debate on whether the ombudsman should be able to investigate wider issues beyond those covered by individual complaints. I am sure that this will be discussed further as the Bill proceeds through the House. No doubt we will be hearing from Members on this matter. I am happy for them to intervene on me now. It is an important matter and I know that people feel very strongly about it. I do not have any fear about engaging in that debate, although I will not intervene on any speeches from Back-Bench Members if they make the points that I anticipate.
Mr James Arbuthnot (North East Hampshire) (Con)
I am grateful to my hon. Friend for trailing her coat in such an attractive way. Might I ask why she is so set against thematic reports to be produced by the ombudsman, which was recommended by the wonderful Dr Susan Atkins?
Anna Soubry
I disagree with my right hon. Friend’s interpretation of Dr Atkins’s views. Obviously, I have seen the Select Committee’s excellent report. I may be wrong—I am quite happy to be corrected if I am—but I do not think she said that we should go as far as thematic reviews.
Rory Stewart (Penrith and The Border) (Con)
As a point of information, I spoke to Dr Susan Atkins this morning and she was very clear that she believes that thematic reviews should be conducted.
Anna Soubry
So that is her view now. With great respect to Dr Atkins, I do not agree with her and I will—
Anna Soubry
Hang on—I’m going to make the argument before I get intervened on again. I have been very generous.
The ombudsman will look at service complaints and the Bill seeks to ensure that complaints by individuals with a grievance will be dealt with fairly and expeditiously and that justice will be done. In my view, the ombudsman should not look at any wider issues that may come up. I will give an example to support my argument.
Let us say that three people in a unit make a complaint about bullying and it is found that that complaint is justified. As a result, there is redress and the two individuals who have bullied them are punished by being removed from their posts or demoted. That is the end of the matter and it never gets to the ombudsman, who knows nothing about it because justice has been done.
What if, however, the three complainants feel that justice has not been done because their complaint has not been upheld and they believe that there has been maladministration in the way in which it has been handled? They would then go to the ombudsman, who would look at whether the complaint has been the subject of maladministration. The ombudsman might then say, “I have found that there has been maladministration and as a result of my findings I am making the following recommendations to the Defence Council.” If, at any stage of her investigation, she believes that there has been systemic, systematic bullying in that particular unit, she can go to the service chiefs, any Minister, media or Member of Parliament and say, “I think there’s a lot of bullying going on in this unit. This is outrageous and wrong and I want you to do something about it.”
It should not be the ombudsman’s job, however, to then conduct an inquiry into that bullying. That is the job of the armed forces or perhaps some other body. The ombudsman’s job is to make sure that we have a good, efficient and fair complaints system. With all due respect, that is what the ombudsman should be concentrating on where they should be using their resources. If they start to investigate a systemic or systematic form of bullying in a particular unit, it is my respectful submission that they would be way out of their remit and treading on to the territory of others. That does not mean that I am being by any means soft on the complaint, because the ombudsman is the person who will highlight it, but it is for others, not the service complaints ombudsman, to decide on a full inquiry and make sure that proper action is taken. That is my argument.
Mr Kevan Jones
I accept that, but the hon. Lady is wrong. My understanding of Dr Atkins’s views is exactly the same as that of the Defence Committee Chair. Since her appointment she has pushed the boundaries. If the ombudsman is going to look just at maladministration, may I suggest that the Minister speaks to Lynn Farr from Daniel’s Trust and other families who have worked with Susan Atkins? The Minister might have great faith in the ability of some of the senior military to make major changes—cultural change and actual change—but that will not be done without an external body at least giving them a gentle push.
Anna Soubry
But the gentle push exactly is the service complaints ombudsman. If they find that there is bullying or harassment in a particular place—in a unit or whatever it may be—they have the ability to make sure everybody is aware of what is going on, but I do not believe it is then their job to investigate it. That would be a diminution of their work, which is to look at complaints, and make sure that individual grievances have full access to a system that works expeditiously and gets to the point of justice. She can raise these concerns—there is nothing to stop her—which is why I was such a great supporter of Nicola Williams, because she will absolutely be robust. However, such an investigation is not and should not be the ombudsman’s job, especially given the resources available to the ombudsman; their job is to look at the service complaints and deal with those individual grievances. I could be cheeky and say that if the hon. Gentleman thought this was such a great idea, why did he not do it in 13 years, but that might be a little underhand—
Anna Soubry
And I will hear the hon. Gentleman. But if such an investigation is what he wants, somebody else should do it. It should not be in this Bill and it is not for this ombudsman; this is about service complaints.
Anna Soubry
I was going to take the hon. Lady’s intervention, but if the two of them are going to fight, I will take the hon. Gentleman’s intervention.
Mr Jones
The Minister asks why we did not do this in 13 years, but she just needs to look at my record, including my time on the last Defence Committee, and at the last Labour Government’s record, to know the answer. I argued for this, as did the Select Committee, back in 2004, but, as she knows, those in the chain of command do not like radical change. I see this as a process—we are getting to where we should have been 10 years ago—but I must say that the most vociferous arguments against bringing this in over 10 years ago came from the Conservative Front Benchers.
Mrs Moon
The Minister has set out clearly that where complaints come to the commissioner and she begins to see thematic things happening, she can go to the chain of command. She can go the Secretary of State and she can highlight that, but during the entire time the Service Complaints Commissioner for the Armed Forces has been in post, the Secretary of State, having had those reports, has had the power to ask for an investigation and has never done so. That is why we need the Secretary of State to pass those powers to the ombudsman, so that she can investigate.
Anna Soubry
I am struggling to have much sympathy with that argument, because it is certainly my experience that allegations are taken extremely seriously by the Secretary of State, and indeed by any other Minister in the Ministry of Defence. It is also my experience of the service chiefs, notably the new head of the Army—the new Chief of the General Staff—that on issues of bullying, harassment and the role of women and any discrimination against women, they are extremely rigorous. In every conversation and meeting I have ever had with the Chief of the General Staff, even when I might have wanted to talk about one or two matters as well as the role of women, he has insisted that we speak about that, such is his determination to eradicate harassment, bullying and sexual discrimination in the Army. We have seen a huge sea change, and it is to be welcomed, not criticised.
Mr Mike Hancock
I am grateful for the thorough way in which this matter is being put to the House tonight, but one issue has always hung over the way in which the MOD handles things. If someone makes a complaint of bullying and then, in one way or another, dies, the complaint dies with them. Under this Bill, will it be possible for the next of kin to pursue that complaint, using the ombudsman’s powers to do so?
Anna Soubry
The hon. Gentleman raises an important point. In the terrible circumstances in which someone dies when a complaint has started, there are many instances in which we would want that complaint to continue, most notably if it were about something that might affect somebody’s pension or allowances and would therefore be to the financial benefit of the family, or if there were a point of principle. The trouble is that when somebody makes a complaint about bullying, they make that complaint against somebody else and if that second person denies that they have bullied the first person, they are entitled to a fair hearing. In the terrible event that the first person has died, the second person cannot challenge the complaint and so the danger is that the person against whom the complaint is made is effectively denied a fair hearing because he or she cannot, in effect, query or challenge the complaint. I hope that that makes sense. It is a terribly important part of natural justice that if somebody makes a complaint against somebody else, the person being complained about should have the right to give their side of events so that whoever is determining the case can hear all the evidence on both sides and reach the right conclusion.
Mr Simon Burns (Chelmsford) (Con)
What happens, though, in those circumstances, if the complainant is the one who dies but does so after they have given extensive interviews about their complaint?
Anna Soubry
I was talking about the fact that the person who is complained against should have the right to have their side heard, but I am grateful to my right hon. Friend for his point. When somebody dies suddenly—especially if they have taken their own life, which is what we are talking about here, and if it is thought that there is some link between their doing so and an allegation they have made—that is serious stuff. That is why it is right that, first, there would be a service inquiry and secondly, and arguably even more importantly, there would be a full coroner’s inquest.
I do not know whether many Members have had the opportunity of attending a coroner’s inquest, but when there is a great coroner—I saw one in my county of Nottinghamshire, working on an important case with which I will not trouble the House—one can see their power. The coroner does not necessarily say that a certain person is responsible for a death, but they investigate all matters leading up to the unexpected death and have extensive powers, including being able to take evidence from people on oath. I am content that in the terrible event that somebody who has made a complaint has taken their own life, and in which it is thought that there is a link, there already exists an excellent and rigorous system that ensures that justice is done, and that is the coronial system.
Mr Kevan Jones
I am glad that the Minister has so much confidence in the coroners system. I accept that where it works well, it works well, but she also knows that there are some absolutely appalling coroners in this country. May I suggest that she looks at Mr Justice Blake’s report on Deepcut? It shows what happened to the families and how the MOD acted, and we hope that things have changed, but I would certainly argue against the idea that there is somehow a universal standard for the coroners service across the country.
Anna Soubry
I am sure that there are perhaps one or two bad coroners, but overwhelmingly the vast majority are outstanding and excellent and do an exceptionally good job. I might be wrong, and I will be corrected if I am, but I think that in the case of Deepcut none of the young people who died had made a complaint. Therefore, they would not have come into this system because they had not made a complaint. Although there might be a good argument that in those cases the coroner had not done a thorough job—I do not know that—we must remember that the Bill is about the complaints system. It starts with an individual making a complaint or raising a grievance on which they seek redress. We are in grave danger of not understanding what the system is and the huge distinction between the other existing processes that can ensure that we get to the root of the problem, find out what happened and make sure that justice is done.
The Bill is small and tightly focused and makes important and much-needed changes. The Select Committee on Defence published its report on the Bill on 23 October and it makes a number of recommendations on how the Bill might be amended. I am open and always have been—my door is always open, and anybody within reason can come and see me. It may be that some of those recommendations can be adopted in Committee. They will certainly be debated. With one or two of those proposals, we have identified the problem we seek to solve, but the method by which we solve it is the difficulty. I do not want overly prescriptive legislation. In defence matters, if we legislate for things and want to change them, it is difficult to get another Bill in Parliament to do so.
We have a duty to ensure that our servicemen and women know that their grievances are taken seriously and dealt with quickly, and that no complaint will be dismissed out of hand. We have a duty to ensure that we can fund those organisations that support our armed forces and their families wherever they are based. The Bill delivers the changes our brave servicemen and women deserve, and I commend it to the House.
Anna Soubry
It is not just a coronial system because there are also service inquiries. Does the hon. Gentleman agree that those investigations are robust and thorough?
Mr Jones
They are. However, the important point about the ombudsman—this is what is great about the service complaints commissioner—is that it is outside the chain of command, independently looking inwards. That is not to say that it would always be critical. On some issues, Susan Atkins has not been critical and has supported changes that have taken place in our armed forces. I give credit to the service chiefs for bringing forward some of those changes. If, in a modern age, we want a system that is going to be robust and seen to be fair, it is very important to have that element of independence. That is especially true for bullying. We know that on occasion bullying is an isolated incident, but there have also been examples of where it is part of the chain of command and responsible for the culture that exists in some areas.
The Bill gives the ombudsman power to investigate where it sees fit, but we must understand what powers it would have and what it could do with what it finds. Yes, it can report to the Defence Council, but without any further powers or the ability to make changes, the onus in terms of the defence budget might be to ignore what the ombudsman says. We must clarify that point in the Bill.
As I have said, some recommendations can be made, but we need a method to ensure that reports and findings do not sit on a shelf, and that the Minister of the day, or the Defence Council, does not reject or simply note them. That would undermine not only the role of the service complaints ombudsman, but its independence. People who go to the ombudsman expect to get a fair hearing and to know that something will be done about their complaint.
It is vital that any new system works to the benefit of those who come to rely on it and that the Bill does not impose any unnecessary barriers on individuals and families making a complaint. The current Service Complaints Commissioner has been highly critical of the Army for the length of time it takes to deal with the complaints. Any system must obviously have robust time limits, but the Bill proposes that the Secretary of State will set time limits within which the individual must lodge a complaint. That time limit must not be less than six weeks after the date on which the individual receives their decision from their internal complaints system. In an ideal world that might be a simple system, but the nature of service life might lead to a situation where those time limits cannot be met. If that was the case, people would be time-bound when bringing forward a complaint. I think we need to consider that issue in Committee, and see whether we can allow some flexibility in the way that complaints are brought forward, so that someone does not miss taking a complaint forward because of the time limit.
The ombudsman service must be independent from the chain of command and the armed forces, and must be trusted by the people it is investigating. It must also be seen by servicemen and women lower down the chain of command as a process that is clearly independent.
This is a bit like déjà-vu, because I remember when the Service Complaints Commissioner was being appointed that the hon. Member for Aldershot (Sir Gerald Howarth) was one of the—well, he could certainly be described as a dinosaur if not even worse—people who said that the end of the earth was going to come if the service ombudsman was not someone with a military background. It is clear that service personnel cannot hold that post, but I would also be reluctant to have anyone with a direct service background. Certainly the criticism levelled at Dr Atkins when she was first appointed was unfair and has—quite rightly—been proved wrong given the effective way that she got to know quickly how the armed forces work, and the way that she got the support and good will of people at all levels. It is important that the ombudsman is not seen as part of the old boys’ network—interestingly, the first two have been women.
On representation, occasionally those who lodge a complaint, or who speak of an injustice but never enter the complaints system, cannot see the complaint through—we have already heard about people who die before their complaint is heard. In these rare cases, it is sometimes important to family members that the complaint continues, and if someone makes a complaint against an individual, that individual will still have an opportunity to put forward a defence, albeit in the absence of the accuser. Also, many complaints relate to matters of service pay. In these cases, no one is required to make a defence, so it seems only fair that they be allowed to continue to conclusion. To stop such a case would be totally unfair. All cases should be pursued as a matter of due diligence to allow the ombudsman to oversee the entire system.
This touches on something else the Service Complaints Commissioner has done. A complaint might throw up inconsistencies in areas of policy that need addressing, and just because someone dies, it does not necessarily mean the wider implications do not need addressing either by the chain of command or more widely.
Mr Jones
That is a very important point. I was a member of the Defence Select Committee when it looked into Deepcut—as, too, was the hon. Member for Portsmouth South (Mr Hancock). We could not help but think that the way the families were dealt with was truly shocking, both in terms of basic human decency and because it meant that, unfortunately, the truth could never be arrived at. That was unfortunate for the families, obviously, and for members of the armed forces who were accused of things they clearly did not do.
We have made progress, however, thanks to the Service Complaints Commissioner and this new Bill. The important thing is independent oversight. Individuals are not going to continue with a course of action if they know it is leading to deaths in the armed forces. We know there will be tragedies in the armed forces, on the battlefield and in training, given the robust and difficult training regime, and when they happen, it is important, for the sake of the families, that we get all the information early on; that the matter be dealt with compassionately; and that things be put right early on, if mistakes were made.
I think there has been a change in this country—certainly in respect of local authorities and health boards, for example—and sometimes there is a culture of arguing why something should stay the same. However, if people say sorry early on and admit to mistakes, while it will always be difficult for families, at least they would know what happened. If so, lessons can be learned and measures put in place to militate against such things happening again, which will at least give some comfort to the families.
Anna Soubry
We do not disagree on what we want to achieve, and the hon. Gentleman has put it extremely well. I would not demur from anything he said about the need to ensure that the families feel that things have been properly looked at, lessons learned and so forth. Is that not a question of ensuring that we have rigorous investigations into deaths, which is different from the complaints system through which individuals’ grievances are rigorously looked at to get justice? I would suggest that the two are very different. Does he agree?
Mr Jones
No, I do not. I suggest the Minister go away and read Mr Justice Blake’s report. In these situations, the issues conflate. In the Deepcut case and that of Lynn Farr’s son, who died in a training exercise in Catterick, part of the problem was the individual instance and how the individuals died, but there were broader issues surrounding the duty of care in training. I am not saying that training should be downgraded—I know Mrs Farr was not for that—but if we look at Daniel Farr’s case and how he was dealt with, we see a needless death that could have been avoided. If issues about the training regime at Catterick had been raised earlier, we could have avoided certain deaths. The two aspects come together. I am all for rigorous investigations of deaths when they occur, but I also want to ensure that if it is possible to avoid getting to that stage in the first place, we actually achieve that.
Let me deal now with the armed forces charities, to which the Minister referred. The second part of the Bill relates to the financial assistance and benefits given to armed forces personnel. Let me put on record that we welcome this. As the Minister knows, I have worked with an array of armed forces charities over many years and they do a fantastic job on behalf of servicemen and women and their families and veterans. We must be sure that they are able to continue that work. The Bill covers two main points in this area, and it has been difficult to know how best to administer them. In fairness to the present Government, they have tried their best to get the funding out to those groups. Clause 4 attempts to put the provisions on some type of proper footing. Many charities, especially the smaller ones, rely on the grants and support they get from the Government.
We also want to ensure that there is robust scrutiny of how the money is spent. The Minister will have been exposed to the internal politics of the veteran community and doubtless has some of the scars from which I still suffer today. It is important to ensure that the system is transparent and fair and that we get not only good value for money, but effective value for money, so that the support goes to the right causes. Some of the smaller charities should be supported. The Minister knows as well as I do that there are some fantastic very small charities with very small capacities that nevertheless have a great effect in the support they provide to the armed forces.
In conclusion, we welcome the Bill. We will seek to improve it in Committee. The introduction of the Service Complaints Commissioner has, I think, seen a marked change in how the senior military and our armed services operate, and the system has protected those we ask to serve on our behalf. We will not oppose Second Reading, but, as I say, we will put forward amendments in Committee to try to improve and empower the role of the service complaints ombudsman. I see this as a journey. I have certainly dealt with this issue right through my parliamentary career. I thought I had escaped armed services legislation when I became a Minister, but lo and behold, it came back to bite me again. If we do this correctly, we can have a system of which we can be proud for not only protecting the individuals who serve in our armed forces, but upholding the highest levels of integrity and respect, which I know the service chiefs and the whole House would want to uphold.
Mrs Madeleine Moon (Bridgend) (Lab)
It is a great pleasure to follow my friend the right hon. Member for North East Hampshire (Mr Arbuthnot), who made a calm, measured contribution, and who showed amazing leadership as Chair of the Select Committee on Defence. As a new member of the Committee, I certainly found he set the tone for our many deliberations, and he had, I must admit, a calming effect on some of my more vociferous opinions. The House will miss him for his dedication, his belief in public service and his belief in the defence of the United Kingdom.
This Bill, and this day, have been a long time in coming. A whole decade has passed since the Deepcut review by Nicholas Blake QC and the Defence Committee’s “Duty of Care” report, both of which recommended the establishment of a service complaints ombudsman. In that report, the Committee found that the resolution of complaints was slow and may not always be perceived as accessible and fair.
Much has been said and done during the decade of piecemeal reform, but the underlying inadequacy of the system remains unaltered. In 2008 the newly established Service Complaints Commissioner, Dr Susan Atkins—I will not add to the praise heaped on her for her work, because enough has been said, but I totally endorse every word that has been said—said in her first annual report that while progress had been made, “performance is generally poor”. In 2009 she said the system was not working “efficiently, effectively or fairly.” She reported the same thing in 2010, 2011, 2012 and in 2013. In that report she said:
“Since the role of Service Complaints Commissioner was established in 2008, she has not been able to report to the Secretary of State that the Service complaints system operates efficiently, effectively or fairly. This has been because of a lack of confidence in the system, unreasonable delays in the resolution of complaints and a lack of accurate data on how complaints are handled.”
If this Bill does not tackle those complaints, we are wasting our time. Dr Atkins’s seventh and final report is due in the next few weeks, and I think it is relatively safe to assume that the pattern is not going to be broken. This Bill must change that pattern.
The commissioner has pinpointed three main problems. First, there is a
“lack of confidence in the system”
from the very people it is designed to help. In the latest report, the commissioner points out:
“Service personnel have a low level of confidence in the current system which does not offer all complainants the assurance of an independent person overseeing their complaint outside the chain of command in any effective way.”
This low and decreasing level of confidence that personnel have in the system can be seen in the armed forces continuous attitudes survey, which shows dissatisfaction increasing in relation to the time taken, being kept informed, and support from assisting officers. For example, the survey asked those who said they did believe they had been the subject of discrimination, harassment or bullying in the last 12 months why they had not made a formal complaint. The reasons given included,
“I did not believe anything would be done if I did complain”—
54%—
“I believed it might adversely affect my career or workplace”—
53%—
“I was worried that there would be recriminations from the perpetrators”
—30%—and
“I did not want to go through the complaints procedure”—
23%.
The commissioner also points to a “lack of accurate data”. In last year’s report the commissioner found that the data provided by the Army and the RAF contained a number of serious gaps and inconsistencies. Only the naval service was able to provide her with confidence in the accuracy of the data it was providing. That is fairly shocking in the days of electronic data. The inaccuracy of the data coming from the Army was particularly alarming, with the commissioner drawing attention to the Army’s failure accurately to record allegations of indirect discrimination. For an organisation as committed to ensuring diversity and inclusion as the Army, the loss of this crucial data is distressing. As the commissioner points out, these elementary recording failures not only undermine confidence in the efficiency of the system but hamper the shared aim to use
“Service complaint data, together with data on discipline and administrative action, plus information from Service Inquiries, to identify areas and units which have problems and which may affect operational performance.”
Thirdly—this is by far most important point—the commissioner highlights the chronic delays that riddle this system from beginning to end. Delay is by far the biggest and most corrosive problem. It exacerbates, and in part helps explain, the two previous problems.
The evidence on the extent of delay in the system is damning. In 2013, aware that they had this problem of chronic delay, the MOD and the services agreed to meet a time limit of 24 weeks to resolve at least 90% of their complaints, and any complaint not dealt with in 24 weeks would be “red flagged”. So there was a recognition that there was a problem, and a solution, thanks to the work of Dr Atkins, was put in place.
In 2013, however, only 25% of cases
“were resolved within the 24-week target”,
and:
“Only 26% of complaints made in 2013 were closed during the year.”
In January 2013, 325 complaints had a “red flag”. By December 2013 this had swelled by over 50% to 500 complaints.
One need only look at the case of Parachuter Lance Corporal Tom Neathway to see the harm delay can do, and not only to the lives of our armed forces personnel. His story also stands as a textbook example of the structural flaws that any future system must avoid.
In July 2008, Corporal Neathway, while serving in Helmand, lost both his legs and an arm when a booby-trapped sandbag exploded beneath him. Over the next three years—not 24 weeks, but three years—through sheer guts and determination and with the support of the armed forces, Corporal Neathway rebuilt his life and his career, and I pay tribute to that because the work the armed forces have done with seriously injured personnel is amazing. His story became a case study of how injured personnel can recover and overcome their injuries: he took part in the Olympic torch relay in 2012 and starred in the BBC series “Wounded”, showing the fantastic work done with our injured personnel. Sadly, however, in 2011, while at the parachute training support unit at RAF Brize Norton, where he had been based since returning to work in 2009, he was subjected to increasingly serious bullying by Regimental Sergeant Major Alistair Hutcheson, who at one point told the triple amputee:
“You’re not much of a paratrooper any more”.
Corporal Neathway did the right thing: he lodged a complaint to seek redress against an instance of bullying. That the complaints system failed him is an understatement. He had to endure a three-year ordeal in the search for justice from the British Army, facing a series of unacceptable delays that held him up every step of the way. When Corporal Neathway finally secured justice at the service complaints panel in October last year, the verdict was damning. The panel found definitively that the initial investigation by his commanding officer, Major John Chetty, constituted a professional failing. His questioning of witnesses was wholly inappropriate, and a review, by Brigadier Greville Bibby, which held up Corporal Neathway’s search for redress, was also discredited, with the Brigadier leaving the Army. As Corporal Neathway has said, the Army
“had to be dragged kicking and screaming to an oral hearing. They had told so many lies and finally it all unfolded”.
I am unfortunately someone who is often contacted by people when the system fails, so the Minister knows—we have discussed this many times—that I perhaps have a jaundiced view. I tend to hear from the people who are failed by the system. I do not dispute that the system works for some people, but I regularly hear from people who face similar failures to the one that Corporal Neathway experienced. To hold someone in a complaints system for three years is shameful—
Anna Soubry
I know that it is not normal for a Minister to intervene, but I wanted to say that we are as one on this. The case of Corporal Neathway was shameful and disgraceful. I hope that the hon. Lady will take my word that at no time did I ever say that he was not being wholly honest in his complaint. I wrote to him in October offering to meet him, and I hope that he will take up that offer.
The hon. Lady and I both look forward to a speedy inquiry—an overarching inquiry—into what was a shameful incident.
Mrs Moon
I thank the Minister for her intervention. I know that she said earlier that she would not intervene on Back Benchers, but I have no objection to her intervening. We have had many a robust exchange in the time we have worked together and I have always enjoyed them. I have no objection to robust exchanges because at bottom we have the same conviction—that the best system for the armed forces must and will be put in place. We might disagree about how we get there, but we agree that we have total commitment to ensuring that the men and women of the armed forces will be protected from bullying, harassment and discrimination, and that those involved in such behaviour will be sought out and punished.
Corporal Neathway was in some ways fortunate in that he had the attention of the media and he had contacts, but service personnel noted that it took that to get justice. They too feel the impact of the incredible lethargy in extreme cases such as Corporal Neathway’s, which can stretch far beyond 24 weeks into hundreds of weeks. The Minister knows that I have received complaints from several people who had given up on their service complaints and left the armed forces, because the delay compounded their punishment. They felt that the delay was used as a way to force them out, to make them and their complaint disappear. That compounds their distress. They had given their lives to their country, but when they were the victims, they were told that they were the problem and to get out. That is unacceptable and the system cannot allow that to continue.
In the 2012 armed forces continuous attitude survey, 46% of respondents reported dissatisfaction with the time taken to process a complaint, with only 39% satisfied. In 2013, that had worsened to 66% dissatisfied. The Minister knows of another area in which I have taken an extreme interest. In January 2013, an article in The Times revealed that some 1,400 soldiers in the British Army had been illegally disciplined over three years, between November 2008 and September 2011. That happened because in November 2008 a change in the Rehabilitation of Offenders Act 1974 meant that police cautions were from then on to be considered spent the second they were issued. The Army thought it had an exemption from the Act and continued to punish personnel who received cautions. It only caught up with the change in the law in 2011. It stopped the practice, but that left unresolved the question of what to do with the 1,400 personnel who, over the course of the two years, had received some form of administrative action following a caution. One policy brief revealed that at least 58 personnel had been dismissed from the services as a result of this double jeopardy. They should have received no punishment at all, but at least 58 had been dismissed from the services.
After much presumed handwringing and discussion, the MOD came to the conclusion that it would do nothing. A British Army policy briefing from November 2011 suggested:
“The longer we take no action the fewer the ‘in time’ complaints about other sanctions there will be. MOD policy may be not to accept out of time complaints on this issue.”
It is now February 2015—
Anna Soubry
The hon. Lady makes, as ever, a good point. I have decided that the right thing to do is to write to all those affected—about 1,500 people—so that they are aware of the position. They will be reminded of the service complaints process which is available to them if they believe that they have been wronged in any way. Notices will also be placed in all the usual places, such as websites and some magazines. I can only apologise for the fact that it has taken us so long to get to where we are today. It has been complex, but we have got it right now and we are committed to making sure that we move forward as quickly as possible. I thank the hon. Lady for giving way.
Mrs Moon
I thank the right hon. Gentleman for his compliment: he is very kind, as always.
I am delighted by that change of heart. I was especially concerned because there had actually been service complaints on this issue, but they had been stayed so that people could not proceed with them. The complainants were told that until the Department decided what it would do, their complaints could not proceed. A service complaints process in which complaints can be stayed for four years is unacceptable. That is why one of the amendments that the Defence Committee was eager to ensure was in place was that a person’s knowledge that they had suffered an injustice was not a reason for saying that a complaint was out of time. The Committee also wanted to ensure that delays, such as the staying of complaints, would not be acceptable and could be seen as maladministration even during the process of the investigation. I am delighted to hear the statement that the Minister has just made.
I shall turn now to the changes proposed in the Bill. The introduction of the ombudsman is a landmark reform and it is most welcome, as are the powers to overturn the rejection of complaints applications and appeal applications. The rationalisation of the complaints process, including placing a limit on the number of appeals, is a common-sense approach.
The Bill has many positive aspects, but the Minister will not be surprised to hear that I think it could go further. The ombudsman’s new powers to investigate allegations of maladministration are welcome. These are significant new powers which, if implemented properly, could allow the ombudsman to root out bad practice, inefficiencies and injustice in the complaints process, to everyone’s benefit. However, during the Defence Committee’s scrutiny of the Bill, we revealed possible confusion surrounding the extent and nature of the power, and I hope that the Minister will be able to clarify that in her closing remarks, if not now.
There seems to be disagreement between what the Minister understood and what the commissioner felt was a real step-change for service personnel. The commissioner told the Committee that proposed new section 340H did not match the policy that had been agreed with the Ministry, and that it risked undermining what the Minister hoped to achieve from the provision. Proposed new section 340H(4) states:
“The purpose of an investigation is to decide…whether the alleged maladministration has occurred”.
The commissioner and the Defence Select Committee are concerned that the wording, “whether the alleged maladministration has occurred”, is too restrictive.
The commissioner suggested, and the Committee agrees, that the Bill should be amended to make it explicit that the ombudsman could investigate and report on any maladministration in the handling of a service complaint, and we have suggested amendments to that end, listed in amendment group D in the annex of our report. In their response to the Committee report the Government dismissed this on the ground that it:
“would require the Ombudsman to look for any maladministration in every case”.
I thought that that was the whole point. The Minister is looking at me quizzically. Are we on the same ground here, or is there disagreement?
Anna Soubry
This is a classic example of us both wanting the same outcome, but there is a question of how we should achieve it. I am grateful to my hon. Friend the Member for Penrith and The Border (Rory Stewart), who chairs the Select Committee, because we have already discussed this matter with officials this afternoon. We believe that our changes to the regulations will achieve what we want—namely, that if the ombudsman feels that she has discovered further maladministration, she would nevertheless go back to the complainant to ensure that they were content for her to investigate it, rather than taking a blanket approach. The hon. Lady will understand that an individual might not want a particular matter to be pursued, for all manner of reasons. I am happy to discuss this with her after the debate, to see whether I can satisfy her. The point is that we want the same thing; there is just the question of whether we achieve it on the face of the Bill or in the regulations.
Mrs Moon
Again, we seem to have made progress and I hope that we can all agree on this point. I look forward to discussing it further with the Minister and getting clarification.
Anything that streamlines the process is to be welcomed, as is anything that opens up an opportunity for greater investigation of maladministration. The Minister and I agree that maladministration is unacceptable, no matter how or why it occurs. In cases of chronic delay, such as those of Corporal Neathway and of the four service personnel in the police cautions case mentioned earlier, the ombudsman must have the ability to intervene when the delay in handling the case has become egregious. For example, if a complaint has taken twice as long as the Ministry of Defence’s self-imposed time limit of 24 weeks, it seems reasonable that the ombudsman should be able to clarify why that delay is happening and intervene and declare it a case of maladministration.
This brings me to another amendment that the Defence Select Committee has proposed, to ensure that the powers of the ombudsman are sound, reasonable, and beneficial. Perhaps the Minister has already made some changes in this respect. The ombudsman should have the authority to undertake, at her own discretion, thematic reviews into the working of the complaints system. In our report, the Committee emphasised the positive benefit that this small but significant reform could bring, not only to individual complainants but to Ministers and the chain of command. Our report states:
“Rather than undermining it, the identification and resolution of these matters would increase confidence in the chain of command...and could contribute to identifying potential areas to be improved in the MOD’s and the chain of command’s responsibility of a duty of care towards Service personnel.”
That proposal has the backing of the Royal British Legion, with the Legion’s director general Dr Chris Simpkins powerfully pointing out:
“The problems at Deepcut could have been picked up much earlier if an Ombudsman had had the power to initiate their own inquiry. This is not an outlandish request, as the Canadian Armed Forces Ombudsman has long had the power to start thematic inquiries”.
The Equality and Human Rights Commission backs the idea, stating that it will
“support the Defence Committee’s view that the Bill should state expressly that the Ombudsman can undertake thematic reviews.”
Liberty also supports the amendment, as did Labour and Liberal Democrat peers during the Bill’s consideration in another place. The current complaints commissioner supports the principle, saying that there are benefits in the
“Ombudsmen using their broad view of the organisations that they oversee to do research and produce thematic reports so that lessons can be learned about the issues behind complaints within a particular area”.
The Government’s objections to the amendment, outlined by Lord Astor on Third Reading, seem to boil down to a concern that it could result in the ombudsman morphing into some kind of inspectorate or rapporteur for the armed forces, and that resources and time would be diverted from the ombudsman’s primary role. Affording the ombudsman the freedom to report to the Secretary of State on a matter of importance when the ombudsman considers it appropriate does not a revolution make. It is a common-sense, reasoned expansion of the powers with which the Ombudsman will be entrusted. The MOD’s fears that as a result of this minor power the ombudsman would become a vigilante investigator are simply unfounded, and stand in contrast to the amount of respect and responsibility with which the office has been entrusted in many other areas of the Bill.
Delay is the enemy. It is the root of the problems in the current system and it is a blight that needs to be eradicated. The amendments will help the ombudsman and the armed forces to build a better complaints system. Doing so will bolster confidence in the system and in the chain of command. It is hard to see why the Government, who are making so many pioneering reforms in the Bill, are unwilling to accept the Defence Committee’s major changes and recommendations.
The fight to establish a complaints system that is fit for purpose for our armed forces has been long and hard. We do not want to wait for a further crisis or tragedy before acting. To paraphrase Corporal Neathway, the Government and the chain of command have to be dragged kicking and screaming towards reform. The concerns of the heads of the armed forces are well known. The chain of command must remain pre-eminent and cannot be compromised, and their aversion to ceding too much control over the complaints process is obvious. However it is Parliament, the legislature, that manages and reforms the armed forces. It was Parliament that created the commissioner and is creating the ombudsman, and it is here in Parliament that those institutions should be held to account. The delays, the maladministration and the problems within the system must be resolved, and we must work together to ensure that the Bill does exactly that.
Mr Jones
Yes, I am—I wear that badge with honour.
The hon. Member for Beckenham (Bob Stewart) is completely right. Without some external push, oversight or, as the hon. Member for North Devon (Sir Nick Harvey) said, light shone on the process, there will be no change. That is what the ombudsman will provide.
I also congratulate the hon. Member for Penrith and The Border (Rory Stewart) on an excellent report on the Bill. He raises a fair point: if there is disagreement, people should say so. The chain of command must say what, if anything, it objects to. It should not say it behind closed doors but should come out into the light.
I look forward to the Committee stage. We shall table amendments and I hope that we will get the ombudsman that not only this House needs but that the servicemen and women who serve our nation with pride and bravery need.
Anna Soubry
With the leave of the House, let me try to respond to some of the good points that have been made in this excellent debate. It would have been nice to have a bit more support for my arguments against the need for a thematic role for the ombudsman, but I have no doubt that we shall continue that debate in Committee and that it will go on and on. I have said why I think that it is not a good idea and I hope that Members on both sides of the House accept that I am not a Minister who stands at this Dispatch Box and says things that I do not believe in. I did not do that when I was on the Back Benches, either. I believe it would be wrong for the service complaints ombudsman to have an extra thematic role for the reasons I have given. I say that because I believe in it, not because I have been told to believe in it by anybody else.
I want to pay tribute to my right hon. Friend the Member for North East Hampshire (Mr Arbuthnot). Sadly, I never served on the Defence Committee, which he chaired with huge integrity, great fairness and utter thoroughness. He will be hugely missed in this place. I congratulate him on his speech and I could not possibly comment on his comments about the funding and the next Government. All I can say is that it is generally accepted that I have gone somewhat native—he might be pleased to know that. He made the sort of sensible speech that we would expect and he showed great understanding and insight.
I also pay tribute to my friend—she is my friend today—the hon. Member for Bridgend (Mrs Moon). I think our relationship started over polycystic kidneys. You do not need to know why, Madam Deputy Speaker, but we once had a debate on the subject. We agree on so much, but let me deal briefly with the stuff on which we do not agree. I would not be over-prescriptive on the question of the delay, because in some cases the nature of the case will mean that it takes more than six months to reach a conclusion. Six months is an eminently admirable goal, but I do not want to be over-prescriptive. Sometimes a witness might be on operations abroad, or things might get complicated because they involve a pension or an allowance. In principle, however, that should absolutely be the goal. There is no excuse for the appalling delays not just in Corporal Neathway’s case but in many other examples. I think that the hon. Lady was saying that unfortunately, in too many parts of our armed forces, the attitude is that there is not a problem. That is why we have delays and such lackadaisical attitudes.
Too many have the attitude that there is not a problem and that such cases are just about some whining woman or difficult male. There is a problem. People have grievances and complaints and we need a system that addresses that fact and ensures that they get justice. When they do not, we will have the ombudsman, and I think that that is where there is a bit of confusion. There is a profound difference between the service complaints ombudsman that the Government want and an armed forces ombudsman who might or might not consider the broader matters. That might not be a long way down the line, but it is not covered by this role.
The hon. Member for North Devon (Sir Nick Harvey) made a very good speech. I did not agree with all of it, but nevertheless his point was well made. Finally, let me say this to my hon. Friend the Member for Penrith and The Border (Rory Stewart), who chairs the Select Committee. I am sorry that this has not happened before and I do not know why it has not, but let us start now. I am more than happy to consider the amendments from the Defence Committee. Some are flawed—I am sorry, but some of them are—but let us meet and go through them. If we can find a way of sorting things out so that we do not fall out and so that we reach compromises, fair enough. He knows why I take the view I do about over-prescription in the Bill, but I do not want to fall out with people. I want this to happen because it is the right thing to do. Notwithstanding the money provisions, it is the right thing to do by our servicemen and women who deserve and need a proper system. That is what this Bill will deliver.
Question put and agreed to.
Bill accordingly read a Second time.
Armed Forces (Service Complaints and Financial Assistance) Bill [Lords] (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Armed Forces (Service Complaints and Financial Assistance) Bill [Lords]:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 12 February 2015.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.
Other proceedings
(7) Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed.—(Mel Stride.)
Question agreed to.
Armed Forces (Service Complaints and Financial Assistance) Bill [Lords] (Money)
Queen's recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Armed Forces (Service Complaints and Financial Assistance) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of–
(a) any expenditure incurred under the Act by the Secretary of State; and
(b) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Mel Stride.)
Question agreed to.
Social Action, Responsibility and Heroism Bill (Programme) (No. 2)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Social Action, Responsibility and Heroism Bill for the purpose of supplementing the Order of 21 July 2014 (Social Action, Responsibility and Heroism Bill (Programme)):
Consideration of Lords Amendments
(1) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement at today’s sitting.
Subsequent stages
(2) Any further Message from the Lords may be considered forthwith without any Question being put.
(3) The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.—(Mel Stride.)
Question agreed to.