Armed Forces Commissioner Bill

Calvin Bailey Excerpts

2nd reading
Monday 18th November 2024 Commons Chamber

[Mr Calvin Bailey (Leyton and Wanstead) (Lab)]

I congratulate my hon. Friend the Member for Scarborough and Whitby (Alison Hume) on her excellent and evocative speech. I remember those sweeping coastlines and purple-topped moors; I used to fly over them in my RAF C-130. She will be an excellent advocate for her community and all those who come up behind her in the Jo Cox Foundation.

Our forces can defend our country effectively only if the bonds of trust between service people and leaders are strong. I welcome the Government’s action on our manifesto commitment to establish an armed forces commissioner and fix the complaints system, which has been broken for many years. Action is urgently needed. Confidence in the service complaints system remains low, despite the work that the Service Complaints Ombudsman has done. The ombudsman herself has concluded, every year for the last eight years, that the system does not operate in an efficient, effective or fair way. In what other area of public life would such sustained failure be allowed to persist?

Fundamental issues need to be addressed that go beyond performance standards on individual complaints. The biggest problem with the current system is that it individualises complaints and encourages mediation in each instance. In my experience, that can result in abusive or incompetent individuals remaining in place and perpetuating harm over many years, even though they have had many complaints against them. Surely we can learn the lessons from the Letby case, police disciplinary cases and similar cases of very public systemic failures over recent years. The commissioner needs to be empowered to seek out the bigger picture and the pattern behind individual complaints, and escalate them proportionately. As we know, often a small number of individuals wreak enormous damage on not only their many victims but the organisation as a whole because of the hostile and discriminatory environment that they create. Only systems that proactively identify patterns of behaviour and root out abusers will deliver a safer and fairer place for everyone in our forces community.

The commissioner’s work needs to form a normal part of service life. Service people rarely want to be seen as a whistleblower. Rightly or wrongly, many do not want to go outside the system, due to perceptions of letting the forces down, so we need to be clear that when someone communicates with the commissioner about their experiences, they are staying within the armed forces community, and acting in the best interests of all our armed forces. At the same time, we need people to have confidence that their communications will be secure, and that they will be protected from any possibility of reprisals. I hope that the Minister will tell us more about how the Government see such communications with the commissioner compared with whistleblowing in civilian life. It might be necessary to set out in the Bill the protections that are relevant to service complaints to clarify that.

Improving the complaints system will be effective only if we address the experiences of every part of our armed forces community, including women in our armed services, service personnel from ethnic minority backgrounds, non-UK passport holders, and LGBT+ service personnel. There is troubling evidence of differential treatment for service personnel from those backgrounds. It is vital that we address that in the interests of fairness, to ensure that our forces are more representative of the communities they serve and to address ongoing issues of recruitment and retention. The Bill presents an opportunity to effect change, so I would be grateful for anything that the Minister could set out about how he expects the commissioner to establish connections with those communities and work with them proactively to gain an understanding of what is required.

Equally, the commissioner needs to represent the wider armed forces community beyond regular service personnel. Service families are clearly critical to many of the commissioner’s functions, but I hope that it is made completely clear that the bereaved are equally deserving of our continued support, if they wish for it. The Royal British Legion has rightly pointed out the relevance of the Haythornthwaite review, and its central recommendation that there be a move towards a fluid spectrum of service, where people can move easily between regulars and the reserves. Working towards that will surely require action from the commissioner to ensure that the needs of reservists and recruits are being met.

I welcome the Government’s ongoing work to meet our manifesto commitment to put the armed forces covenant into law. I am mindful of the cross-departmental nature of many of the issues that affect service personnel—something that is rightly made explicit in the covenant. I wonder whether, as the Bill progresses, we should consider setting out the relationship between the commissioner and the Cabinet Office, to give a clear point of contact within Government and a way to easily escalate complaints that are impacted by cross-Government working. Surely it would be best to future-proof the Bill by ensuring that the commissioner’s structures fit with the covenant from the outset, although I accept that the Department’s thinking about the best legal form for the armed forces covenant may not yet be complete. Will the Minister set out any early thoughts on that?

Ultimately, the Bill represents very welcome action from the Government to give the people who keep us safe a more effective guarantee of safety and fair and decent treatment in return. It is equally welcome that we are learning from our European partners about the design of the institution, and placing emphasis on transparency and accountability to Parliament. My hope is that the Bill will form part of a wider shift in how the armed forces community works to deliver on the promise of defence as a truly rewarding career of service. If we can achieve that, our country will be safer for it.