Baroness Smith of Newnham
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Armed Forces Commissioner Bill
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Baroness Smith of Newnham (LD)
My Lords, noble Lords will be very pleased to hear that I intend neither to speak for very long nor to divide the House on my amendment. However, I will press the Government for some clarity about a group of people whose interests are extremely important: those going through the recruitment process to become members of His Majesty’s Armed Forces. The amendment therefore seeks to expand very slightly the scope of the Armed Forces commissioner to include not people who wander into an Army recruitment centre and say, “I am interested in joining”, but people who have submitted applications and might be going through the recruitment process.
My understanding, from my honourable friend in the other place, Helen Maguire, is that it is still possible that people going through the recruitment process might be required to stay overnight. In those circumstances, there may be times when people feel that they are subject to abuse, bullying or the sorts of issues that they might need to complain about. On the face of it, it would appear to be appropriate that such people would come under the purview of the Armed Forces commissioner.
If the Minister cannot accept my amendment, would he be able to explain to the House what recourse people going through the recruitment process might have? If it is not through the commissioner, are there other ways for people to raise concerns? If they can do so, is it made clear to people how they can put in complaints? A frequent concern is that individuals do not necessarily know how to make representations. That is obviously a matter for people going through the recruitment process, as well as a wider issue that members of the Armed Forces face, and we may well come back to it when we discuss other amendments. With that, I beg to move.
Baroness Bennett of Manor Castle (GP)
My Lords, I have attached my name to Amendment 6 in the name of the noble Baroness, Lady Smith, to which Amendment 1 is linked; I will speak only extremely briefly because she has made the case very well.
I will link this amendment to my Amendment 8, which we will get to later. As the Minister well knows, it relates to my concern about 16 and 17 year-olds—or even 15 year-olds—being recruited into the Armed Forces. The noble Baroness spoke about people in residential situations, but if a 15, 16 or 17 year-old, who has decided that their whole future is in the military, finds that the assessment process operates in a way that is—we would hope that this would not happen, but we need to consider the possibility—abusive or inappropriate in some way, it is important that that person has protection.
I am particularly thinking of—although not solely—those 15, 16 or 17 year-olds who are vulnerable people, and who pin their whole future life on what happens to them in those few days or during a specific test. It is really important that they have the protection that we all want the Armed Forces commissioner to be able to provide to members of the military. I believe that these prospective members of the military should fall within—an often-used phrase—the military family.
Lord Coaker (Lab)
They certainly are, but I hope that there is some clarification from what I said to the noble Lord. No doubt that conversation will continue.
More generally, on the point that the noble Earl, Lord Minto, made on recruitment, the Government have been very clear about trying to improve the recruitment and retention process, and various changes have been made. We honoured all the Armed Forces pay review board recommendations. We have made some changes to childcare arrangements to try to improve those, and some of the recruitment processes have been changed—to have a new direct entry route into cyber, for example. There is the change of contract as well. We are trying to take on board some of the criticisms and challenges there have been to address the more general point about recruitment, but also retention. Let us see where the figures get to over the next period, because we all want to see recruitment into our Armed Forces—and, indeed, retention—improve.
I thank the noble Baroness, Lady Smith of Newnham, for her Amendments 1 and 6—I know that she has the support of noble Baroness, Lady Bennett, for Amendment 6. I acknowledge the noble Baroness’s genuine and well-founded concerns about the experience of those applying to join the military. During Committee, we discussed the importance of a recruitment process that is fit for purpose, as I outlined to the noble Earl, Lord Minto, and easy to navigate—a process that will enable as many people as possible to join their preferred service in a timely fashion and provide sufficient protections for those going through it. The noble Lord, Lord Lancaster, noted the number of candidates. The figure I have is that up to 150,000 candidates are applying to join the military at any one time. Bringing them into scope would obviously vastly increase the workload of the commissioner. I note the noble Baroness’s revised amendments, which attempt to narrow the numbers by defining at what point in the process an applicant would come under the commissioner’s scope. When we discussed this, the noble Baroness made it clear, as she has in the Chamber today, that she wanted to understand how the process works and what people can do if they are unhappy with how they are treated. I shall now make some remarks that I hope address some of her concerns.
The Navy, Army and RAF have different requirements and processes for recruitment. These differ depending on whether the candidate is joining as an enlisted person or as an officer. Each service has a clear complaints process for candidates. All complaints are dealt with by a qualified officer, with any medical complaints being sent to trained medical staff. To further reassure the noble Baroness and other noble Lords, there are protections in place to ensure the welfare of candidates completing Armed Forces selection or assessment activities on defence establishments. The Armed Forces have in place appropriate safeguarding measures which are regularly reviewed and updated as appropriate in support of these activities. These measures cover, but are not limited to, staff selection, training, background checks, candidate accommodation—a point raised by the noble Baroness and by the noble Baroness, Lady Smith—and the conduct of activities.
I absolutely agree that we must look after those going through the application process. However, these processes are already in place and the commissioner would not be the right avenue to replace them. I hope that, with those remarks, the noble Baroness now has the necessary reassurance. Important as they are, I ask her not to press her amendments.
Baroness Smith of Newnham (LD)
I am grateful to all noble Lords who have contributed. As I said in my opening remarks, Amendment 1 was, in many ways, intended as a probing amendment. I am grateful to the noble Lord, Lord Lancaster, for pointing out the slightly sloppy redrafting of the amendment since Committee and that the last line should not have been there. I am happy at this stage to withdraw Amendment 1. Amendment 6 is consequential, so I shall not be moving it.
Baroness Smith of Newnham (LD)
My Lords, I will speak to my Amendment 12 and respond to the Government’s amendments.
One of the issues that we raised in Committee was precisely the need for a definition of “family member” and, in particular, a concern that kinship care should be taken into consideration. Between Second Reading and Committee, we had a government proposal for the sort of definition of “family” that His Majesty’s Government might bring forward.
On another of my amendments in Committee, the noble and gallant Lord, Lord Craig, pointed out that the legislation was already far too voluminous and asked whether we could please rein back a bit. I am happy to be corrected about the appropriateness of having long descriptions in the Bill. I think the suggestion of moving to the affirmative procedure for the definition of “family” in secondary legislation is acceptable.
I have one question for the Minister, but it might also be a wider one for His Majesty’s Government. We have talked about the definition, and the fact that the Government put forward some proposed wording in Committee suggests that there is a need for such a definition. However, if we already have 400 pages of legislation on the Armed Forces, do we not already have some definitions of what a family is? Do we actually need to go through the Armed Forces code—not on the Floor of the House today—to make sure that everything hangs together and we have one agreed definition that we might look at when we are at the level of secondary legislation?
For the moment, I am happy to say that, at the appropriate point, I will not be testing the opinion of the House on Amendment 12.
Lord Wrottesley (Con)
My Lords, I briefly rise to support the amendments laid by my noble friends Lady Goldie and Lord Minto, and congratulate them on their principled work on matters defence and, in particular, on this Bill. I wholeheartedly wish to commend all noble Lords who have engaged with this legislation and the constructive contributions from across the House. I also declare an interest as a veteran.
I add my support for Amendments 3 and 5, as at the forefront of all our minds is supporting those men and women who serve, and their families who, in turn, support them. It is an honour and often a sacrifice to wear the uniform, and it is precisely because service personnel do serve for us and our freedoms that we enjoy these deeply cherished and fought-for freedoms. The very least we can do is strengthen protections around their welfare and well-being, formally safeguarding their voices and those of their nearest and dearest under whistleblowing regulations, so that they are always heard and their welfare is never taken for granted.
The whistleblowing provisions and clarifications sought by several contributors to this debate—those provisions inherent in these amendments—are vital to providing further support and protection to our service personnel and their families. As my noble friend mentioned, this Bill is stronger because of cross-party collaboration and the shared respect that we all have for those who serve. I put on record my support for these amendments. I hope they become part of this Bill and sincerely commend the work done by all involved in bringing the Bill before Parliament.
Baroness Smith of Newnham (LD)
My Lords, I am grateful to noble Lords for such an interesting and illuminating debate. I am particularly grateful to my noble friend Lady Kramer for answering some of the questions from the noble Lord, Lord Beamish, and the noble Baroness, Lady Carberry, on the government Benches on what difference a whistleblowing function would have compared with other complaints that might be brought to the Armed Forces commissioner.
We have heard from across the House, including from the right reverend Prelate and the noble Lords, Lord Dannatt and Lord Wrottesley, on the importance of the whistleblowing function that the noble Baroness, Lady Goldie, has proposed putting in the Bill. Like other noble Lords, I am grateful to the Minister for his assiduous attention in talking to those of us who have been involved at various stages of this Bill and for seeking to find ways of responding to the amendments that we have been bringing forward. I look forward to hearing what he is able to say to the House today. In particular, the anonymity aspect is important. Unless the Minister is able to bring something forward that the noble Baroness, Lady Goldie, feels able to support, these Benches will be supporting Amendments 3 and 5.
Lord Coaker (Lab)
My Lords, I thank everyone for their contributions to this debate and for the ongoing discussions we have had in Committee, outside of it and now back here on Report.
Let us be clear about this: there is no difference in our policy objectives. Nobody wants to read about the things the noble Baroness, Lady Goldie, outlined, or about the sexism and other behaviours that we see in the Armed Forces. There is no difference between any of us on that. There is nobody here who supports that. We all want that to be exposed and we all want people to feel able to come forward, through the complaints procedure or through the new body we are setting up.
People say that we still see these things happening today, and of course that is true. I say to the noble Baroness, Lady Goldie, that, when the First Sea Lord went to a recent Defence Select Committee, he spoke about the number of Navy personnel who had been dismissed from the service using the legislation that the previous Government brought in. They quite commendably and rightly brought that in to deal with some of the appalling and unacceptable behaviour.
Noble Lords asked whether that legislation goes far enough and whether more needs to be done. Of course more needs to be done, which is why we have an Armed Forces Commissioner Bill. We understand that the legislation is still not sufficient and that more needs to be done. Therefore, we are bringing forward this Bill.
I understand perfectly that the intention behind the amendments is for people to feel able to approach the commissioner without fear of repercussions from their identity being made public. I wholeheartedly agree with that—who is going to disagree with that? There is nobody who would disagree with that. We all want people to trust the process and the commissioner, and feel confident that their issue will be addressed and that they will not face any negative consequences from coming forward.
What is proposed in the amendments that the noble Baroness has brought forward, quite commendably, and in the arguments that have been made, is—as my noble friends Lord Beamish and Lady Carberry have said in their remarks—available to those who come forward now. As the Bill is currently drafted, the various policy intentions are being met. Let me go through some of the technical reasons again, because they are important.
“(5A) The Commissioner must— (a) uphold and give due regard to the principles and commitments of the Armed Forces Covenant when carrying out its functions;(b) monitor and report on compliance with the principles and commitments of the Armed Forces Covenant in all areas of its responsibility.”Member’s explanatory statement
This amendment would require the Commissioner to uphold and abide by the principles of the Armed Forces Covenant when carrying out its functions.
Baroness Smith of Newnham (LD)
My Lords, I am aware that debate is taking a little longer and that we have more groups of amendments that are single amendments than many people had hoped. I therefore propose to be incredibly brief. This amendment raises the issue of the Armed Forces covenant and to what extent the Armed Forces commissioner would be subject to that covenant.
It might sound axiomatic—to use the phrase that the noble Earl, Lord Minto, used in Committee— that the Government are bound by the Armed Forces covenant but, technically, the Government are not bound by it. The covenant relates to businesses and the providers of housing and of the health service, but it does not apply to the Government per se. This amendment seeks to ask to what extent the Armed Forces commissioner will be required to look at the Armed Forces covenant. It may be that the Minister says that that is left entirely to legislation on the Armed Forces covenant, but I think it would be helpful to understand whether the commissioner would or could be bound by the legislation.
The Earl of Minto (Con)
My Lords, we visited the issue of the Armed Forces covenant during our deliberations in Committee. During that debate, the noble Baroness, Lady Smith of Newnham, raised the importance of the covenant and how vital it is that the commissioner be fully able to investigate covenant issues relating to the welfare of service personnel and their families. I was grateful, as I think were all noble Lords present, for the Minister’s response. It was welcome to receive clarification that the commissioner will be able to investigate such matters.
As I noted in Committee, the duty to have regard to the principles of the covenant was established in statute by the Armed Forces Act 2021. That was a significant step forward and we have seen much progress since then. I also note the Government’s intention to embed the covenant fully into law, which is indeed a welcome step. Again, I think it is already a given that the commissioner should have due regard to the covenant, and the comments from the Minister have given me the certainty that they will indeed do so.
Lord Coaker (Lab)
My Lords, I thank the noble Baroness for moving her amendment and the noble Earl, Lord Minto, for the comments that he has made. I also thank the noble Baroness for bringing the important topic of the Armed Forces covenant to our attention and for the valuable engagement that we have had ahead of this debate.
As we discussed in Committee, and as the noble Earl, Lord Minto, pointed out, this amendment would place a requirement on the commissioner to have due regard to the Armed Forces covenant principles as part of their general functions. It would also require them to monitor and report on compliance with the covenant in all areas of their responsibilities. I will say again for the record that this Government are fully supportive of the Armed Forces covenant. The covenant recognises the unique obligations and sacrifices made by those who serve in the Armed Forces, whether regular or reserve; those who have served in the past; and their families, including the bereaved. Our election manifesto included a commitment to place it fully into law, which the noble Earl, Lord Minto, referenced, and which we will do.
However, as noble Lords are aware, and I will stress again, the covenant applies to both serving and former members of the Armed Forces. The Government believe that there is a separate and pressing need to address the welfare matters affecting our serving community, and that is where the Armed Forces commissioner will have the powers to make a real impact. As I have stated before, it will of course be perfectly proper that the commissioner considers covenant issues where they relate to serving members of the Armed Forces and their families—I would imagine that these issues will be within the remit of the commissioner to investigate.
With that, I hope that I have been able to reassure the noble Baroness and others that, as the commissioner will be fully able to investigate covenant issues where they apply to the welfare of serving personnel and their families, it is neither necessary nor appropriate to specify this in the Bill. I therefore hope that the noble Baroness will withdraw her amendment.
Baroness Smith of Newnham (LD)
My Lords, I am thankful to the noble Lords for responding to this small amendment. Of course, it may be possible that the whistleblower will be able to bring matters that could link to the Armed Forces covenant, if the amendment that has just been agreed is kept in the other place. With that, I beg leave to withdraw.
Lord Beamish (Lab)
I welcome the amendment, in the sense that the noble Baroness is trying to ensure that those in the Armed Forces who are aged under 18 are protected, which I think we would all wish. I disagree with her about recruiting those aged under 18, because I suggest that the Army Foundation College in Harrogate does a fantastic job of helping and developing young people from some of the most disadvantaged communities in the country. Having taken a passing-out parade there as a Minister, I have to say that it is quite emotional to see the change that some of those individuals have gone through in the time they were at Harrogate.
In saying that, the noble Baroness is correct that there have been incidents at Harrogate that should not have happened, and it is important that the commissioner is able to look at them, particularly concentrating on under-18s. I understand that Ofsted already inspects Harrogate, but I accept that is only one part of what the noble Baroness is trying to get at with this amendment.
It is important to have this debate, because whoever becomes the commissioner should look at this. When they look at particular cases, or even hold a thematic inquiry into under-18s provision, then, as the noble Baroness quite rightly says in her amendment, drawing on expertise from the Children’s Commission and others will be important. As she quite rightly says, the Armed Forces commissioner, no matter how good he or she is, will not have the specialist knowledge that the Children’s Commission and others do. So I welcome the debate: if we are to attract people to our Armed Forces, it is going to be very important that the experience they have is of the utmost quality and does not lead to some of the issues that have, sadly, arisen at Harrogate.
Baroness Smith of Newnham (LD)
My Lords, I am grateful to the noble Lady Baroness, Lady Bennett, for bringing this amendment. As she pointed out, we had an amendment in Committee that listed a whole set of different groups to which we suggested the Armed Forces commissioner should pay particular attention. It was not intended to be something that would ever be brought to a vote. In the light of the Atherton report and the Etherton report, it is important for the commissioner to think about groups that have faced particular problems within His Majesty’s Armed Forces, so exploring who the commissioner should take into consideration and where there might be a need for particular inquiries or reports seemed to be worth discussing.
Although I agree with the noble Lord, Lord Beamish, that recruiting under-18s is something that we accept, it is important to bear in mind that people aged under 18 are still technically children. It is important that the commissioner, in looking at their welfare, looks to other bodies that deal with that. In this regard, mentioning family members is also important, because if we are talking about recruitment, as the noble Lord has just done, it is not simply whether a 16 or 17 year-old wants to sign up but whether their parents feel comfortable in that as well. This is an important issue for us to discuss, but obviously not to push to a vote on this occasion.
The Earl of Minto (Con)
My Lords, the noble Baroness, Lady Bennett of Manor Castle, raises an important point. The welfare of service personnel who are aged under 18 is a matter that all noble Lords wish to guarantee. I personally have fond memories of training junior leaders. They were, despite their age, some of the keenest, most determined and, at times, most fearless individuals, certainly in relation to trying out new skills, that I had the honour of serving with.
I think it right, therefore, that the Government give serious consideration to the treatment of young people recruited into the Armed Forces. They are part of the future of our Armed Forces, and it is in all our interests to provide an environment that allows them both to thrive and to flourish. When we face recruitment and retention issues, as has been discussed already, we cannot have a situation in which young people are deterred from joining up or encouraged to leave prematurely. I would be grateful if the Minister would update the House on efforts His Majesty’s Government are taking to deal with the concerns of young people serving in our Armed Forces.
The amendment from the noble Baroness also mentions the children of service personnel. They are impacted in a unique way by their parents’ service, and this can easily get forgotten or overlooked. They often have to move home when the military requires their family to relocate, which can be to different and disparate parts of the country, or indeed overseas. Moving so frequently is by no means an easy thing to ask of anyone, let alone a child. Leaving friends behind, losing a sense of normality and becoming accustomed to an entirely new way of living would be challenging for even the most adventurous of us. I mentioned in Committee that 62% of those who left the Armed Forces reported family concerns as one of their core reasons for leaving. We must address this issue head-on if we are to deal with the crisis of retention.
In direct response to the amendment from the noble Baroness, which mentions the Children’s Commissioner, I say that there must be clear delineation of responsibility for the welfare of service personnel. The Armed Forces commissioner must be responsible for investigations regarding general service welfare matters from service personnel, regardless of age. The Children’s Commissioner and the Armed Forces commissioner are two very distinct roles, and for good reasons. To conflate the two could risk confusion over responsibility. If a person under 18 has an issue regarding their welfare, as part of their military service, they should go to the Armed Forces commissioner only.
Viscount Stansgate (Lab)
My Lords, I shall not detain the House for long. When my noble friend Lord Beamish moved his amendment in Committee, I strongly supported it—and I support it again today. I am sure that Machiavelli would be pleased to know that his name still comes up in discussions centuries after his death.
When my noble friend the Minister introduced the Bill at Second Reading, he made the very good point that its purpose was to provide statutory authority for the new Armed Forces commissioner—it is a new role that we have not had before. My noble friend’s amendment seeks to convey the same sense of authority, this time on behalf of Parliament, because she or he will have been confirmed by the relevant committee—or committees —of either House.
My second point has nothing to do with this Bill. What my noble friend is suggesting is a very good point of principle on all such appointments. In the wider context of the relations between the Executive and the legislature, an amendment such as this strongly seeks to improve the authority of Parliament—not necessarily against the Executive, but, nevertheless, it would improve the importance and role of Parliament. Otherwise, what is the point of our being here if Parliament does not play a role?
I strongly support the amendment. It will not be pressed to a vote, and I do not know what my noble friend the Minister will say in reply, but I hope that he will convey an element of agreement with my noble friend Lord Beamish’s argument.
Baroness Smith of Newnham (LD)
My Lords, the amendments in the name of the noble Lord, Lord Beamish, seek to do what amendments that I tabled in Committee also sought to do, albeit rather less elegantly. My amendment on having parliamentary scrutiny for the Armed Forces commissioner was the source of considerable concern to the noble and gallant Lord, Lord Craig of Radley, who said that it was far too detailed to put in the Bill. Therefore, I am extremely glad that the noble Lord, Lord Beamish, has decided to bring back this amendment, because it is important that we have a parliamentary role, and he has phrased that elegantly both in the formulation of his amendment and in what he has just said.
If we want to have an independent Armed Forces commissioner appointed by the Secretary of State, it would be appropriate that the way of appointing that person stands up to scrutiny—and both Houses of Parliament playing a role would be an effective way of doing that. I look forward to hearing what the Minister has to say about that and what role His Majesty’s Government feel able to grant to Parliament in this regard.
On Amendment 14, the change of those minor words—from “may” to “must”—suggests something rather important. As with so much legislation, if you have not read the Bill, the change from “may” to “must” makes very little sense. But this is about adequate resourcing of the Armed Forces commissioner. It was pointed out earlier in today’s debate that we are already looking at considerably increasing the funding for the Armed Forces commissioner, compared with the current ombudsperson. If work needs to be done, it is vital that the role of the Armed Forces commissioner be adequately resourced, because if not, and the Armed Forces commissioner is unable fully to fulfil the job given to them, what message does that send to the Armed Forces and their families? If cases are brought and the Armed Forces commissioner does not have time to deal with the complaints or to undertake the reports needed, that will undermine the commissioner’s prestige and credibility.
If “may” cannot be converted to “must”, can the Minister explain to the House how funding will be provided and give us some guarantees that, in the longer term, the Armed Forces commissioner will be adequately resourced? As his noble friend Lord Beamish said, we might be happy that this Government will give adequate resources, but we are legislating not just for this Government but for future ones as well.
The Earl of Minto (Con)
My Lords, I, too, thank the noble Lord, Lord Beamish, for his Amendment 13, which addresses the highly significant matter of the appointment process and the independence of the commissioner.
My noble friend Lord Courtown, in winding for the Official Opposition at Second Reading, raised the differences between the proposed commissioner and the German armed forces commissioner, as we have heard today. One of the main differences is the method of appointment, as the noble Lord, Lord Beamish, rightly raised. The German commissioner is elected by the Bundestag, with nominations coming from the different party groups. That role establishes a significant role for the German Parliament in the appointment process.
The commissioner here shall be appointed by the Secretary of State and not elected by Parliament. The Government have indicated that their successful candidate will appear, I believe, before the Defence Select Committee in the other place. I have two questions. First, how will the Government ensure that the person they appoint remains entirely independent? Secondly, would the Minister be amenable to the commissioner also undergoing pre-appointment scrutiny before the International Relations and Defence Committee of this House too?
On Amendment 14, I look forward to hearing the Minister’s views on financing what we all agree is a most positive initiative.
Lord Coaker (Lab)
My Lords, government Amendment 15 makes a provision that is consequential on Clause 3. As your Lordships are aware following our discussions in Committee, Clause 3 amends Section 340B of the Armed Forces Act 2006, to specify that a specified “person” may decide whether a service complaint is admissible, rather than for that function having to be carried out by a specified “officer”. An admissibility decision is an administrative decision on whether to accept or exclude a complaint from the service complaints system. The future Armed Forces commissioner will retain the power to review admissibility decisions and make a final decision about whether the complaint should be accepted into the system.
To offer some reassurance that what we are discussing is simply an administrative decision which does not require the dedicated attention of an officer, I outline the factors considered part of these decisions: whether the complaint has been made within the prescribed time limits; whether the complainant is currently serving, which includes both regular and reserve personnel; whether the complaint is a duplicate or repeat complaint; and whether the subject matter of the complaint relates to a service matter or not. There are some limited subject matter exclusions relating, for example, to matters already subject to legal proceedings or operational decisions in combat. We do not consider that this administrative decision requires military expertise—hence the inclusion of Clause 3 in the Bill, which allows a suitably qualified “person”, rather than an “officer”, to make that decision.
The Armed Forces (Service Complaints) Regulations 2015 set out in more detail what a specified “person” would be for these purposes, as they currently do for a specified “officer”. The regulations will be brought forward in due course and will continue to preclude the specified “person” from being anyone who is the subject of, or in any way implicated in, the statement of complaints. Thus, the effect of Clause 3 is to allow certain civilians, in addition to military personnel, to make assessments of whether a complaint made by a member of the Armed Forces is admissible in the service complaints system.
However, Section 340N of the Armed Forces Act 2006 similarly provides for the current Service Complaints Ombudsman to refer certain allegations to be considered as service complaints to an appropriate “officer” in the single services. Therefore, we also need the language in Section 340N of the Armed Forces Act to be updated from “officer” to “person” so that there is not any inconsistency in the legislation. This was an oversight in our initial drafting and is what my amendment to Schedule 2 seeks to address.
This amendment would ensure that, in cases where the Armed Forces commissioner may refer complaints into the service complaints system, the references in the legislation are consistent with the fact that civilians will now be able to make admissibility decisions by virtue of Clause 3 of the Bill. With that, I beg to move the amendment in my name.
Baroness Smith of Newnham (LD)
My Lords, noting that this is a consequential amendment, I simply have one question relating to what the Minister has just said. He said that there was an issue about duplicate or repeat complaints. If there were duplicate complaints—an equivalent complaint from two different people—would that not be admissible, or have I misunderstood what he said?
Baroness Goldie (Con)
My Lords, I will respond to the Government’s consequential Amendment 15. In Committee, the Government brought forward this amendment, claiming that it was minor and technical. At the time, I argued that it was neither minor nor technical. It sought to introduce a substantive change to the service complaints process, and I asked the Minister for clarification, which he and his officials have helpfully provided.
The effect of these changes would mean that the current process—whereby the decision as to whether a service complaint is admissible is made by an officer—could now be made by a civilian, and the Armed Forces commissioner would be able to refer a complaint to a relevant person, as opposed to a relevant officer. Permitting a civilian to undertake these roles, even if an officer could undertake them as well, means that the decisions will, to some extent, now be taken out of the chain of command. The Explanatory Notes explicitly mention that these roles would be undertaken by a civilian, and the Minister confirmed such in Committee. The Government intend for these two roles in the complaints process to be undertaken by civilians as well as by officers, if that is necessary.
In Committee, I expressed concern about this approach, but, after meetings with the Minister—for which I thank him—I am now reassured that the decisions regarding admissibility of service complaints and the referral of complaints is much more of an administrative task than I had understood, as enlarged upon by the Minister earlier in his remarks. I accept that that is not necessarily an efficient use of an officer’s time. Given this clarification, my concerns have been assuaged, my opposition has dissipated and I am content with the position.