Armed Forces Commissioner Bill Debate

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Department: Ministry of Defence
It has been an honour to take forward the Armed Forces Commissioner Bill through this House, and I very much look forward to the valuable contributions as we finalise the last details of this defining legislation. I beg to move.
Baroness Goldie Portrait Baroness Goldie (Con)
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My Lords, it has been a pleasure to participate in our debates on this Bill. I echo and endorse the sentiments articulated by the Minister at the start of his speech.

These Benches made clear from the outset that we supported the Bill, and an independent presence in the form of the new commissioner is an important and welcome development. It was that very independence which suggested to me that the commissioner would be well placed to look at whistleblowing complaints. Those who have any knowledge of the Armed Forces know that the very environment of discipline and command structure that produces such exemplary servicemen and servicewomen is also a very closed environment, which can make it difficult to seek help when something goes wrong.

Sadly, we know all too well that things can go wrong. That may be in the life of an individual, or there may be a more systemic wrong, but the burning question is how redress is obtained. That is why it seemed that we needed an avenue over and above the existing procedures, and why allowing the Armed Forces commissioner to investigate whistleblowing complaints was the particular granite boulder at which I have been chipping away,

I have been greatly assisted by the expertise of the noble Baroness, Lady Kramer, who has been so supportive of my efforts, and so helpful to the House in explaining the particular virtues of whistleblowing. I was immensely encouraged when the House showed such powerful support for our efforts in amending the Bill as we suggested.

Although the Bill now returns to us with the amendment stripped out, and the granite boulder now bears a new inscription from the Government, entitled, “We are prepared to carry out a review of whistleblowing in defence”, I am very pleased at that progress. As the Minister indicated, he and his colleague in the other place, the Minister for the Armed Forces, wrote to me to confirm that this was the Government’s proposal. I now want to thank the Minister—these are not easy, cosmetic words from the Dispatch Box; I absolutely mean it—because the way in which the Minister and his colleague, Mr Luke Pollard, have engaged, has been immensely helpful to our efforts to try to improve the situation for our Armed Forces personnel. Above all else, I want to thank them both for listening.

I have accepted the offer in good faith, and I have agreed that the Bill should now pass so that progress can be made with this important appointment. But, before I lay down my masonry chisel, there are a few further inscriptions I wish to add to the boulder so that we all know where we are. The Minister was kind enough to reference a few of these, extracted from the letter which I wrote to him.

As I have previously argued, more than one route for making a complaint is not a weakness; anything which facilitates accessibility by the complainer is a strength. However, the specific points I wish to raise in relation to the role of the review are that it can be a stocktake of the current procedures and can assess whether these need to be simplified, and, if so, how that can be done. The review should also recognise the key distinction between simply raising a complaint and blowing the whistle on serious wrongdoing. As the Minister has kindly indicated, the review should also take place in close consultation with the Armed Forces commissioner whenever he or she is appointed.

It is very welcome that Minister Al Carns has been proposed to lead the review; it is very important to have a person of his stature conducting it. If the review is to gain the trust of service personnel, we must have someone who has the respect of the forces and experience of life in the services leading it.

I have a small number of specific questions about the review. How will the consultation take place, and what are the timescales? In particular, how will the views of service personnel be sought, and will the interim and final findings be published and laid before Parliament to enable full scrutiny of the findings? In the letter there is a reference to

“consistency between the application and accessibility of military and civilian whistleblowing procedures”.

I was not entirely clear what that meant, but I am sure the Minister will clarify in his closing remarks.

Further details of the review are to be published via a Written Ministerial Statement in due course. That review will produce initial findings by the end of the year and a final report and recommendations in spring 2026. Can the Minister say when the Written Ministerial Statement will be published, approximately, and will it contain the terms of reference for the review?

In conclusion, I look forward to the Minister’s response, I reaffirm my thanks for his constructive engagement and I hope that I can play a helpful role when the consultation process commences. Our common aim—of the Minister, myself and our colleagues across the Chamber—is to improve life for our service personnel. I support the government Motion and I support the passing of the Bill.

Baroness Kramer Portrait Baroness Kramer (LD)
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My Lords, I will be exceedingly brief, but first I join with the Minister in stressing the importance of remembering VJ Day. We on these Benches share his view.

I congratulate both the noble Baroness, Lady Goldie, and the Minister, the noble Lord, Lord Coaker, and the team that he stands with, including Luke Pollard, who I had the privilege to meet with. I just say to both of them that the outcome that has emerged now at the end of this process is, frankly, better than anything I had ever hoped for. What we have been promised by the Minister—because of the persistence of the noble Baroness, Lady Goldie, in raising and pushing the issue, as well as the willingness of the Government to listen—is this much broader review of whistleblowing in the defence sector, led by the Minister for Veterans and People. That is exceedingly important, because it underscores a changing cultural attitude in the whole defence sector and in the Government, which means that in the future we can look forward to much greater transparency and much more effective paths for whistle- blowing right across the piece.

Once again, I add my congratulations to those who have been expressed earlier. We also will no longer attempt in any way to impede the passage of this legislation. Its content is very positive and we supported that underlying principle. It has been a privilege to be part of this discussion and this process. I accept on behalf of my noble friend Lady Smith the opportunity to meet in the future, and we will put various thoughts in writing in order to assist the process.