Armed Forces Commissioner Bill

Baroness O'Loan Excerpts

2nd reading
Wednesday 5th March 2025 Lords Chamber

[Baroness O'Loan (CB)]

My Lords, there can be no doubt that this is a very necessary measure. The Service Complaints Ombudsman, which has limited powers, has called for an effective and independent process, as have others.

The level of morale goes to the heart of the success of all the activities of the Armed Forces. There has tended to be a tradition of families joining up: my uncles, my brother and, more recently, two of my nephews served in the Army. There has also been a tradition of friends encouraging one another to embrace a career in the services. However, that becomes to some degree dependent on the overall quality of the experience of the Armed Forces by those serving today.

The noble Baroness, Lady Carberry, in her excellent maiden speech, focused on the low morale levels among those serving today. We know that morale has decreased for a third year in a row, with low morale reported as running at 58%, up from 42% in 2021.

On general welfare issues—I thank the Library for its help in this matter—we know that housing, maintenance, catering et cetera have levels of satisfaction lower than 30%. That would not be accepted in the private sector and it should not be accepted for those who serve in our Armed Forces.

Regrettably, we have to place those statistics within the wider context of satisfaction with processes dealing with conduct complaints and the appalling reality of some of the reports of criminality, particularly physical and sexual abuse. The suicides, departures from service, and the traumatised and ruined lives which are the product of bullying and harassment of all kinds, are all part of this picture. As the Government have observed, there is a very clear correlation between these matters and difficulties in recruiting and retaining personnel.

The functions of this commission are limited. The general function of promoting the welfare of persons subject to service law and improving the public’s understanding of these matters could result in an enhanced experience for serving personnel. Thematic examination of matter such as the incidence of violence and harassment, the circumstances that enable such behaviour, the adequacy of the protections currently provided, the nature of equipment provided to officers and the suitability of housing can be very helpful.

As Police Ombudsman for Northern Ireland, we agreed a process by which, if an officer received three complaints, this was treated as a management issue in addition to dealing with the complaints. Such management intervention can result in the identification of groups of officers who serving singly do not get into trouble, but who serving in a particular group fall into behaviour that is totally unacceptable. It can also identify health issues such as post-traumatic stress disorder, anxiety, depression, alcohol and substance abuse, which can result in behaviour that would not normally occur.

One thematic report on the use of force by the police in Northern Ireland resulted in a dramatic decrease in the incidence of force used. Among the contributing causal factors were inappropriate and unavailable equipment, and lack of management. The results, when the recommendations were implemented, were a dramatic decrease in the number of incidents of use of force, a decrease in the number of claims made against the police for assaults, a decrease in the number of claims made by officers for injuries on duty and a decrease in the level of sickness among officers. Thematic research can undoubtedly be very valuable in identifying issues which materially affect welfare.

I endorse the words of the noble Baroness, Lady Goldie, and the noble and gallant Lord, Lord Stirrup, in relation to the requirement in subsection (3) of the new Section 340IB inserted by Clause 4 to notify the Secretary of State in advance of any occasion on which the commissioner proposes to enter Armed Force premises, subject to the limitations. Perception is enormously important, and I hope that the Minister will find a better way to take care of national security and protection of life issues in the Bill.

The exclusion of particular service complaints matters that were or are the subject of service inquiry, criminal investigation et cetera, very clearly limits the functions of the commissioner. The creation of this office may generate an expectation that the commissioner will be enabled to deal with individual service complaints. However, the commissioner will be at the periphery of the proceedings, able to adjudicate on whether a service complaint should have been admitted and to review a decision by the Defence Council that an appeal cannot be proceeded for various reasons. Once a matter has been determined by the Defence Council or its appointed panel, the commissioner will have only ombudsman powers to review the process by which the complaint was determined in terms of delay and maladministration and the ability to refer a matter back for further consideration. No further powers are accorded on the commissioner in the Bill than those held by the ombudsman.

The role will be particularly challenging given the complexity of the delivery of Armed Forces activities across the world. Flexibility and creativity in delivering and devising systems and protocols for the operation of the office will be absolutely necessary, as will the co-operation of those in command with whom the commissioner engages in the exercise of his or her functions. There is a vast range of issues, as noble Lords have said.

The limitations on the powers of the commissioner must be spelled out, or rejected attempts to raise issues with the new commissioner will be damaging to the reputation which the commission will have to build. There should be no space for assumptions about the ability of the commissioner to understand the realities of life in the armed services or for preconceptions that the commissioner will be naive or lack understanding of service law. There should be no hostility, and no unwritten policy to wine, dine and welcome the commissioner but give them little more, but rather genuine acceptance that the new system will operate for the benefit of all, and hence for the benefit of the Armed Forces and the security of the country.

The greatest tool for generating trust by the new commissioner will be the communications that are enabled. It will be difficult, and the commissioner will need adequate resourcing to be able to meet face-to-face with personnel, to explain what they can do and the limits. The processes must be publicised and limited, so that officers and members of the Armed Forces can examine the integrity and effectiveness of the new system and decide whether they will use it or, in the most difficult of circumstances, walk away from the service altogether. Above all, if the Government really want to make this work, it will be necessary to enhance the powers of the Armed Forces commissioner.