Armed Forces Commissioner Bill

Calvin Bailey Excerpts

Report stage
Tuesday 21st January 2025 Commons Chamber

[Phil Brickell]

I thank the hon. Member for her contribution, but I will not be supporting that amendment. I hope that we will be able to pass the Bill unamended, and I will defer to the Minister to address that question directly.

I echo the sentiments of my hon. Friend the Member for Dunfermline and Dollar (Graeme Downie) about the independence of the commissioner, and particularly his comments on amendment 6. We live in a dangerous world, so when it comes to the men and women who are tasked with keeping us safe, we must ensure that we return the favour by making sure that they are treated with respect. We should not delude ourselves by seeing the Armed Forces Commissioner as a silver bullet. I welcome this Government’s commitment to a new strengthened armed forces covenant, which would enshrine in law the respect due to members and former members of our military.

As many Members know, the military estate’s houses, barracks and other facilities are in an appalling condition and, frankly, unfit to house many of our servicemen and women and their families. I welcome measures from the Government to conduct a medium to long-term review, but I would simply urge Ministers not to kick the can down the road on an issue that has persisted for far, far too long. Financial wellbeing, gaps in medical discharge processes, mental health support failures—there is a lot to do, but the initial signs are good.

As secretary of the all-party parliamentary group on Germany and someone with a number of family members in Germany, I would like to note that this position has been modelled on its long-established and successful German counterpart, as the hon. and gallant Member for Spelthorne (Lincoln Jopp) rightly mentioned. It is refreshing to see a Government seeking to improve life in the UK by drawing inspiration from the successful policies of our closest allies in Europe. I sincerely hope that we can pass the Bill today to provide the support our military personnel and their families so urgently deserve.

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

The Armed Forces Commissioner Bill stands as a critical piece of legislation that will establish an independent champion for our servicemen and women, as well as their families. The Bill fulfils a manifesto commitment and represents a significant step forward in renewing our nation’s contract with those who serve us, so it is positive to see its continued and rapid progression into law. Today, our Opposition colleagues have tabled a number of amendments, and I want to speak to several of them in turn. On new clause 1, the Government are implementing measures to address our current challenges with recruitment and retention. Expanding the commissioner’s scope to include all applicants could overwhelm the office and detract from its core mission of supporting current service personnel and their families.

The previous Conservative Government hollowed out and underfunded our armed forces. Morale in the military is at a record low, and we are facing a recruitment and retention crisis. Many of those who want to join our armed forces wait far too long, and the Government are committed to fixing this through measures such as the new 10-30 provision, under which applicants will be given a provisional offer to join the armed forces within 10 days of applying, and a provisional start date within 30 days.

[Lincoln Jopp]

The hon. Member describes morale as being at an all-time low. Last week, along with a number of colleagues from the Defence Committee, we both had the opportunity to visit RAF Lossiemouth, where we saw a range of service personnel at the top of their game. I am intrigued to know whether he would characterise their morale as being at an all-time low, or whether he thinks the election of a Labour Government in July has had the rapid effect he describes.

[Mr Bailey]

The hon. and gallant Member is correct that we visited RAF Lossiemouth last week, where we saw people at the top of their game, doing what servicepeople do, which is coping, doing their job and putting a brave face on things. However, the continuous attitude survey shows the stress behind those things. The service they are, to some degree, enduring could be made better. Although servicepeople put a good face on their morale when we see them, that does not mean our services are in the buoyant state they could be.

[Luke Akehurst]

Does my hon. and gallant Friend agree that an easy way to measure morale is through retention rates? We are not recruiting and retaining armed forces personnel to the degree we would wish. Part of the motivation for introducing this Bill to address general service welfare issues—I am making sure that I use the correct language about what the Armed Forces Commissioner role covers—is to have an operational impact by making it easier to recruit people to the armed forces. And once we train them at great expense, we must retain them for the longest possible period of viable service.

[Mr Bailey]

I agree entirely with my hon. Friend. We do not expect service personnel to stand up and openly tell us their problems, as that is part of what makes them resilient. The important thing about having an Armed Forces Commissioner is that they can see through that. The gallant Members of this House will be able to see through those things, and it would be wrong to politicise what people present of themselves during our visits, rather than what we would like them to make known, for political gain.

The truth, as my hon. Friend makes perfectly clear, is that we are not doing a very good job of recruiting and retaining personnel. The objection to new clause 1 is that it is important to focus on the specific needs that will enable us to have better recruitment and retention, because that is where we are failing. Perhaps that is why the hon. and gallant Member for Spelthorne (Lincoln Jopp) is now in this House, rather than continuing his illustrious career.

The Government have also introduced a new cyber pathway to bring the best and brightest into our armed forces and to rebuild our defences for the future, particularly given the grey zone threats from Russia about which the Select Committee heard evidence this morning. This is also positive, but with 150,000 applicants attempting to join the military at any one time, if all those individuals were brought under the scope of the commissioner, as would happen if the new clause were enacted, that would vastly increase the commissioner’s workload and, ultimately, impact their efficiency and effectiveness. In proposing the new clause, Conservative Members are attempting to address a genuine problem, but I have concerns that, in practice, it could mean that service personnel and their families would not get the attention they rightly need.

On new clause 2, while the Armed Forces Commissioner’s role is focused on serving personnel, the Government are implementing a broader strategy of support for the entire armed forces community, including veterans, through various initiatives and legal protections. All veterans, including those sitting on the Opposition Benches, make an important contribution to our communities and our armed forces. However, the Armed Forces Commissioner’s remit is purposefully defined narrowly to focus on issues currently impacting service personnel and their families. That allows the commissioner to effectively address immediate concerns facing those in uniform, including some of those that most concern me and most seriously affect retention for women and people from ethnic minorities, such as bullying and harassment.

The Bill is just one step in Labour’s plans to renew the nation’s contract with those who serve and have served, and their families. Our Government are committed to strengthening support for the entire armed forces community, recognising that the issue of veteran support is distinct from those issues addressed by the Bill. The Government are working to fully incorporate the armed forces covenant into law, ensuring fairness and respect to veterans and their families. Recent initiatives include a £75 million LGBT financial recognition scheme, acknowledging the historic wrongs experienced by our LGBT veterans; making the veterans card an accepted form of voter ID, crucial to mobile service members, as I know from my own experience; and committing £3.5 million for veteran homelessness support, including wraparound services for at-risk veterans.

While the Armed Forces Commissioner will primarily deal with those affected by service law, they will have the discretion to invite opinion from a broader range of stakeholders, including veterans, when conducting investigations. I would expect the commissioner to regularly use that power, as it is a critical part of their role, as Conservative Members have said. I hope Conversative Members recognise that flexibility is important in the Bill, as it will allow the commissioner to gather comprehensive insight in the exercise of their duties, but does not limit their independence or freedom to lead by narrowing their focus.

On amendment 7, while focused on serving personnel, the role of the Armed Forces Commissioner complements the broader armed forces covenant and existing legislation to support the entire military community. The armed forces covenant recognises the unique obligations and sacrifices made by those who have served in the armed forces, whether regular or reserve, as well as veterans and their families. Our Government are fully committed to the covenant and our election manifesto pledge was to put the covenant fully into law.

The Armed Forces Commissioner’s role focuses primarily on members of the serving community and their families, but they will undoubtedly consider covenant issues related to active service members and their families as part of general service welfare matters, as outlined in the Bill. That aligns with the commissioner’s functions to promote the welfare of service persons and their families, and to improve public understanding of the issues.

It is important to note that the Bill is not standalone legislation. Instead, it amends part of the Armed Forces Act 2006, which already includes part 16A addressing the armed forces covenant. Therefore, amendment 7 is not necessary. By integrating the commissioner’s role into the existing framework, we ensure a comprehensive approach to supporting both current and former members of the armed forces, reinforcing our commitment to the entire military community.

Amendment 8 would require the commissioner to be independent from the Government and the armed forces and from interference when carrying out their duties. In response, the Bill provides greater independence and scrutiny for those upholding the welfare of armed forces personnel. I welcome that role, which will be subject to a full public appointment process and scrutiny by the Defence Committee, as mentioned earlier by its Chair, my hon. Friend the Member for Slough (Mr Dhesi).

The commissioner will be established as a corporation sole and will thus be independent of the Ministry of Defence, which is clearly important to give them the ability to hold people to account effectively. The commissioner will have discretion over what they investigate and the proactive power to launch investigations. Those provisions mean that the commissioner will stay focused on general service welfare matters and will be expected to have regular meetings with the chain of command. However, I fully agree that independence for the chain of command is vital.

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[Lincoln Jopp]

The hon. and gallant Member referred to the armed forces complaints ombudsman giving evidence to the Defence Committee last week. Her report from 2023 detailed that three complaints were made against the ombudsman organisation itself. Was he as dismayed as I was that she was not able to recall the details of the one complaint of those three that was upheld?

[Mr Bailey]

The ombudsman who came to speak to us the other day gave a clear account of the challenges and issues that she faced and elucidated on a number of challenges around addressing the specificity of any individual complaints that she had been made aware of, due to the distance between the complaint and her appearance before the Committee. I think it is worth reviewing the entirety of her evidence because, for me, it did nothing more than emphasise the need for the Bill to be passed as drafted and to take note of my challenges to the amendment.

On the wider status of the service complaints system, efforts to enhance consistency and accessibility are ongoing. I take this moment to thank the ombudsman, Mariette Hughes, and her team for their work to improve the service complaints system. It was clear from her responses to our questions last week that she was conscious of the need to continue improving the system throughout the transition to a new commissioner.

I am sure the Ministry will continue its work to implement the recommendations of the ombudsman’s office, particularly in ensuring that there is a single entry point for complaints and a consistent approach in the recording of all the grievances across defence, as laid down in successive annual reports.

On amendment 6, the Government are committed to swiftly establishing the Armed Forces Commissioner through a rigorous appointment process, ensuring that the role is filled by a highly qualified and security-cleared individual who can advocate effectively for the armed forces community. Although the Bill does not detail a specific implementation timetable, which colleagues will know is typical of primary legislation, this is a priority for the Government. I believe that colleagues from all parts of the House will recognise that the appointment process must be done correctly. The appointment will be subject to a full public appointments process, regulated and overseen by the Commissioner for Public Appointments. This process will include necessary vetting and security clearances, building trust among armed forces personnel that the appointment—[Interruption.] The implementation timeline will also account for the passing of the secondary legislation and a smooth transition from the current Service Complaints Ombudsman to the new Armed Forces Commissioner—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Does the hon. Member require a moment?

[Mr Bailey]

No.

[Madam Deputy Speaker]

Are you happy to continue?

[Mr Bailey]

Yes.

[Madam Deputy Speaker]

Wonderful.

[Mr Bailey]

In conclusion, Madam Deputy Speaker, the creation of an Armed Forces Commissioner will provide a powerful voice for service personnel and their families, ensuring that their concerns are heard and addressed at the highest levels. As we move forward with the Bill, we must remain vigilant in our efforts to improve service life, address systemic issues and uphold the highest standards of behaviour within our military. The success of the new role demands, and depends on, our continued support and scrutiny. I look forward to seeing the positive impact that this Bill will have on the lives of those who serve our nation.

[Madam Deputy Speaker]

A substantial contribution there. I call the shadow Minister.

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[Mr Calvin Bailey]

Will the right hon. Member give way?

[Mr Francois]

In a moment.

Indeed, the Forces Pension Society response to the consultation, which I have here, calls on the Government to do just that. However, having given the Minister what I believe was fair notice in Committee, I raised the topic again with him at the last Defence questions on 6 January—although, in fairness, that was the day the Commons returned from Christmas recess. When I asked him what the Government had done about it, unfortunately he did not deliver a particularly convincing reply.

I give way to the hon. Gentleman.

[Mr Bailey]

I thank the right hon. Member for giving way. He is citing a specific example that the Armed Forces Commissioner would have to oversee. That is not relevant to the discussion about the Bill or the amendments. Will he bring up any of the other myriad exceptional circumstances of pain and suffering for our service personnel that your leadership, under 14 years of the previous Government—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. “Your leadership” refers to me, and it is up to the Chair to determine what is in scope. For the benefit of other colleagues, it is up to the speaker to accept or decline an intervention. Do you have more to say, Mr Bailey, or shall I return to the shadow Minister?

[Mr Bailey]

No thank you, Madam Deputy Speaker.

[Madam Deputy Speaker]

I call the shadow Minister.