Armed Forces Commissioner Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage
Monday 24th March 2025 Grand Committee

[Lord Stirrup (CB)]

My Lords, I share the concern, expressed by the noble Baroness, Lady Goldie, that lies behind the amendments, although these particular ones do not in fact capture, in my view, the solution to the problem.

The problem is that the nature of classified locations varies. There will be some sites to which the Armed Forces commissioner would not, presumably, be denied access entirely. However, many sites have large areas that will be, and should be, open to the commissioner, but within which there are particular discrete locations where classified activity is conducted, to which he or she should not be admitted.

The Minister of Defence and the Secretary of State may well draw up a list, as was intended, of classified locations. Although the list will be classified and therefore will not be in secondary legislation, as the Minister has pointed out, it will deny the commissioner access to those sites. But the problem with lists is that they are seldom comprehensive and seldom up to date. We are talking about a very large span of estate with a very large spread of activities. The idea that such a list can be kept up to the minute will involve, first, a huge bureaucratic effort and, secondly, will almost certainly be doomed to failure.

As the noble Baroness, Lady Goldie, pointed out, it is the responsibility of local commanders to ensure that national security is preserved and that classified information is not available to those who should not have access to it. Therefore, it seems to me that there is only one sensible answer to this conundrum: for the Bill to provide commanding officers with the power in the last resort to deny the commissioner access to specific locations on the grounds that they contain classified activities or classified material. The commanding officer should of course then be required to justify themselves through the chain of command to the Secretary of State. But if we do not provide them with that backstop authority, we are, frankly, hanging local commanders out to dry with the legislation as it now stands.

These amendments do not provide the solution that I see as necessary, but can the Minister undertake today to take away these very real and important concerns and consider how they might be addressed before we get to Report? I repeat what I have said earlier: I entirely understand that such conflicts are likely to be very rare. The commissioner is going to be engaged in looking at service accommodation and other general conditions of service, so most of the time they will not be seeking access to such sites. But it is entirely conceivable that he or she will need such access, particularly if they are considering thematic issues to do with working conditions—and just once is once too many when it comes to national security. I ask the Minister to reflect on this, and perhaps we can have some discussions outside Committee before we get to Report.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I shall speak very briefly to this set of amendments, really to provide some balance, because I feel that we should hear both sides of the argument. The noble Baroness, Lady Goldie, in introducing these amendments, said that the commissioner should not be visiting without the Secretary of State being aware, and I entirely agree with that. Obviously, the Secretary of State is the person with political responsibility, who needs to know what is going on and whether the commissioner has identified a potential problem. However, not being aware is not the same as having seven days’ notice. There is a very large gap between those two things.

What we have just heard from the noble and gallant Lord about the commanding officer having the right to deny access is, I am aware, not directly in line with these amendments. However, on day one in Committee we talked about how the ombudsman, as structured, has not worked and has not had sufficient powers. We have to be careful to make sure that we are not putting a commissioner in the same position here. We have to be realistic: there may be a systemic issue, such as those we talked about on the previous day in Committee, and a concern about the treatment of female service people. We might hope that a commander would always want that issue to be exposed and understood, but we cannot guarantee that, and it is really important that we do not disempower the commissioner with changes to this Bill before they are even created and put in place.

[The Minister of State, Ministry of Defence (Lord Coaker) (Lab)]

My Lords, I welcome the noble Baroness, Lady Goldie, back to her place today; I know she was busy elsewhere in the House of Lords on our first day. It is welcome to see her here. Both she and the noble and gallant Lord, Lord Stirrup, asked about the opportunity to discuss the points that have been made, and we can of course meet between Committee and Report to do so. I can promise the meeting, but I cannot promise the outcome. To be frank, as noble Lords will know, that is how we in this House conduct business, improve legislation and achieve the objective that we all want: the commissioner being effective and having the appropriate powers to do the task they undertake.

As noble Lords know, I like to make some general remarks before making formal points; I hope that is helpful to the Committee. I understand the noble Baroness’s point about the balance between the powers of the Secretary of State and of the commissioner, and I will say something about that. We have tried very hard to balance those powers. I also hear the point made by the noble and gallant Lord, Lord Stirrup, about the importance of national security. There may be elements of a particular base that one would expect the commissioner to be precluded from visiting for national security reasons, even if it is not the whole base; there is also the role of the commanding officer to consider.

On the question of intention, if we take the example of a normal decision of the commissioner to visit a base, the noble Baroness and the noble and gallant Lord will see that there is a requirement in the Bill for the commissioner to notify the Secretary of State that they are visiting a particular base:

“If the Commissioner proposes to exercise the power under subsection (1), the Commissioner must give the Secretary of State notice of the proposal within such period before exercising the power as the Commissioner considers appropriate”.


The noble Baroness’s amendment would require that that happen at least seven days before the commissioner intends to exercise the power. The expectation would be that the Secretary of State would then tell the commanding officer that such a visit was to take place.

However, as the noble and gallant Lord, Lord Stirrup, pointed out, under the Bill a confidential list will be drawn up saying where the Secretary of State believes it inappropriate for the commissioner to visit because of national security reasons. That will be shared with the commissioner, although it will remain confidential. But we will take up the point made by the noble and gallant Lord about how that will work with a base only a small part of which may be subject to national security concerns.

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[Lord Stirrup (CB)]

My Lords, I agree with much of what the noble Earl said, but this seems a rather strange amendment. In my view, it is axiomatic that the work of the Armed Forces commissioner, and the issues that he or she addresses, may have an effect on recruitment and retention in every instance—so that goes without saying—but I am not at all clear how the Armed Forces commissioner will determine whether they have an actual effect. It does not seem to be something that the Armed Forces commissioner can practically fulfil in the sense of the noble Earl’s amendment. I entirely endorse the sentiment behind it, but I simply do not see that it adds anything to the Bill.

[Baroness Bennett of Manor Castle (GP)]

My Lords, in the absence of the noble Baroness, Lady Smith of Newnham, I feel it might be useful if I made some comments on her Amendment 18. I have not discussed this with her so, for the avoidance of doubt, I am in no way speaking for her.

This is an interesting and useful amendment to discuss, particularly in Committee. Clause 4(3) says that, after the commissioner has conducted an inquiry, they are required to offer a report. The amendment proposes that the commissioner should make an annual report on the work done to improve the welfare of service personnel and public awareness of the issues. The idea of an annual report is interesting. I am not entirely wedded to the word “annual”—

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[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, although 10 minutes have not quite elapsed, I think that everybody who was in the Room before we adjourned is back in the Room. We might just take advantage of a few minutes before the next Division is called to continue—it will be called very shortly. Would the noble Baroness, Lady Bennett, like to resume?

[Baroness Bennett of Manor Castle (GP)]

I thank the noble Baroness very much. I did not have any written notes, so I shall do my best to continue seamlessly.

I think I was commenting on the way in which the public and Parliament know what the commissioner is doing, and there are a couple of elements in this amendment that are particularly relevant. The general point is that, if the commissioner is holding an inquiry on a particular subject, that may indeed take quite a significant period of time. There are issues that are being resolved that do not necessarily deserve a stand-alone report on a particular subject—but do we have a sense of what issues are being addressed and how the commissioner is working? In particular, we can look at proposed new Section 340OA(1)(c) in this amendment, on

“the resources used by the Commissioner in fulfilling its functions, and any further resources required”.

It is important that Parliament and the public have a sense that the commissioner has a vehicle by which they can say, “X number of extra issues have been raised with me, but I only have the resources to do this number of things”.

So it is useful at this stage perhaps to regard this as a probing amendment. I am very interested in whether the Minister can comment on Clause 4(3) on page 5, which I referred to. It talks about an investigation and a report, but how are we going to know what the commissioner is doing in a general sense and get a general picture of their work? How do Parliament and the public know that? I think that is what this amendment seeks to address.

[Lord Coaker (Lab)]

I thank the noble Earl, Lord Minto, for introducing these amendments. I welcome the noble Baroness, Lady Smith, here and note her apologies but also her sterling efforts to get here despite the broken rail. I also thank the noble Baroness, Lady Bennett, for stepping in.

The noble Earl is right to point out the challenges on recruitment and retention, and the Government are taking a number of steps to try to deal with those outside the remit of the Bill. We can go through all those, on pay, how the childcare arrangements have changed and the change to the recruiting system—there will be a new system from 2027 that will bring the three services together. All those sorts of changes are trying to improve the recruitment process. On the retention aspects of it, we hope and expect that the general welfare investigations and work that the commissioner does may help to address some of the other points that the noble Earl made with respect to their impact.

But I take the point from the noble and gallant Lord, Lord Stirrup: of course the commissioner can look at recruitment and retention if she or he believes them to be of a general welfare concern. Whether they do or not is an open debate, but we are taking other measures outside this Bill to deal with that issue, and we hope that we can address that in the way we want.