Armed Forces Commissioner Bill

Caroline Nokes Excerpts

Report stage
Tuesday 21st January 2025 Commons Chamber

[Helen Maguire (Epsom and Ewell) (LD)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Caroline Nokes)]

With this it will be convenient to discuss the following:

New clause 2—Commissioner’s interaction with Veterans Commissioners—

“Within one year of the passing of this Act, the Secretary of State must publish details of—

(a) whether or how the Commissioner will work with the National Veterans Commissioner, the Scottish Veterans Commissioner, the Veterans Commissioner for Wales, the Northern Ireland Veterans Commissioner and the Chairman of the Independent Commission for Reconciliation & Information Recovery;

(b) whether or how the Commissioner and Secretary of State will ensure that veterans receive appropriate and necessary support.”

This new clause would require the Secretary of State to make clear how the Commissioner will work with the Veterans Commissioners and related bodies.

Amendment 7, in clause 1, page 2, line 2, at end insert—

“(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.”

This amendment would require the Commissioner to uphold and abide by the principles of the Armed Forces Covenant when carrying out its functions.

Amendment 8, page 2, line 2, at end insert—

“(5A) The Commissioner shall operate independently from—

(a) the Ministry of Defence;

(b) the Armed Forces, including the chain of command; and

(c) any other government bodies;

and shall be free from any influence of interference in the exercise of the Commissioner’s functions.”

This amendment would require the Commissioner to be independent from the Government, the Armed Forces and any interference in the carrying out of their duties.

Amendment 6, page 2, line 10, at end insert—

“(5) The Secretary of State will, within 6 months of the passing of this Act, publish an intended time frame for—

(a) the appointment of the Commissioner;

(b) the abolishing of the office of the Service Complaints Ombudsman;

(c) the commencement of operations of the office of the Commissioner.”

This amendment would require the Secretary of State to state when they intend to appoint a Commissioner and get the office of the Commissioner operational.

Amendment 9, in clause 4, page 2, line 35, at end insert—

“(2A) A ‘general service welfare matter’ may include issues relating to the provision of pensions and death in service benefits to serving and former members of the armed forces and their dependants.”

The amendment would enable the Commissioner to include matters relating to pensions and other such benefits, including death in service benefits, in their investigation of service welfare matters.

Amendment 10, page 2, line 35, at end insert—

“(2A) A ‘general service welfare matter’ may include issues relating to the wellbeing of, and provision of support to, the children, families and other dependants of serving and former members of the armed forces, including but not limited to—

(a) the provision and operation of the Continuity of Education Allowance;

(b) the provision of Special Educational Needs tuition; and

(c) the maintenance of service families’ accommodation.”

This amendment would enable the Commissioner to include matters relating to the wellbeing of, and provision of support to, the children, families and other dependants of serving and former members of the armed forces in the Commissioner’s investigation of service welfare matters.

Amendment 1, page 3, line 31, after “means” insert

“kinship carers and the family members of deceased service personnel as well as other”.

This amendment would include kinship carers and the family members of deceased service personnel in the definition of ”relevant family members”.

Amendment 2, page 3, line 35, at end insert—

“340IAA Commissioner support for minority groups within service personnel

(1) When investigating general service welfare matters under section 340IA, the Commissioner must consider the specific experiences of minority groups within service personnel, including but not limited to—

(a) female;

(b) BAME

(c) non-UK; and

(d) LGBT+

service personnel.

(2) The Commissioner may investigate service welfare matters unique to one or more of these groups of service personnel.

(3) The Commissioner must maintain up-to-date evidence on the experiences of these groups of service personnel and develop robust community engagement mechanisms to identify and address issues specific to these groups.

(4) The Commissioner must establish a formal network of representation to enable the views and concerns of these groups of service personnel to be communicated to the Commissioner.

(5) The Commissioner must publish an annual report outlining—

(a) the issues facing and concerns raised by these groups of service personnel;

(b) the actions taken by the Commissioner to address identified issues;

(c) the progress made in improving conditions for these groups of service personnel.”

This amendment would require the Commissioner to take specific action to consider and address welfare issues facing service personnel from minority groups.

Amendment 11, page 5, line 22, at end insert—

“(aa) the report must include the Commissioner’s view on whether the relevant general service welfare issue has had, or may have, an effect on the retention of armed forces personnel; and”.

This amendment would require a report by the Commissioner on a general service welfare matter to include the Commissioner’s view on whether the issue affects the retention of armed forces personnel.

Amendment 4, page 6, line 2, at end insert—

“(4A) After section 340O (annual report on system for dealing with service complaints) insert—

‘340OA Annual report on the work of the Commissioner

(1) The Commissioner must, for each calendar year, prepare a report covering—

(a) the actions taken by the Commissioner to promote and improve the welfare of persons subject to service law and relevant family members;

(b) the initiatives undertaken by the Commissioner to enhance public awareness of welfare issues faced by persons subject to service law and relevant family members;

(c) the resources used by the Commissioner in fulfilling its functions, and any further resources required.

(2) On receiving a report under this section, the Secretary of State must lay it before Parliament promptly and, in any event, before the end of 30 sitting days beginning with the day on which the report is received.

“Sitting day” means a day on which both Houses of Parliament sit.

(3) The Secretary of State may exclude from any report laid under this section any material the publication of which the Secretary of State considers—

(a) would be against the interests of national security;

(b) might jeopardise the safety of any person.

(4) With three months of the receipt of any report prepared by the Commissioner under this section, the Secretary of State must publish a response to the report which includes an overview of any measures taken or planned to be taken to address any resource issues identified by the Commissioner.’”

This amendment would require the Commissioner to publish an annual report on the work it had done to improve the welfare of service personnel and public awareness of welfare issues faced by service personnel and their families.

Amendment 5, in schedule 1, page 8, leave out lines 15 and 16 and insert—

“3 A relevant Parliamentary select committee will hold a pre-appointment hearing with the Secretary of State’s preferred candidate for Commissioner.

3A The select committee may hold a confirmatory vote on the Secretary of State’s preferred candidate for Commissioner.

3B Where a select committee has expressed a negative opinion on the appointment of the Secretary of State’s preferred candidate for Commissioner, the Secretary of State may not proceed with the appointment of that candidate without appearing before the select committee to address the concerns raised by the committee.

3C If the select committee maintains its negative opinion following the further appearance of the Secretary of State, the Secretary of State may not proceed with the appointment of that candidate.

3D Where a select committee has expressed a positive opinion on the appointment of the Secretary of State’s preferred candidate for Commissioner, including after a further appearance before the committee of the Secretary of State, the Secretary of State may recommend the appointment of the candidate to His Majesty.

3E The Commissioner is to be appointed by His Majesty on the recommendation of the Secretary of State.”

This amendment would mean that the Commissioner can only be appointed after appearing before a relevant select committee and obtaining its approval.

Amendment 3, page 10, line 39, at end insert—

“(3) The Secretary of State must ensure that the financial and practical assistance provided to the Commissioner is appropriate and sufficient to allow the Commissioner to carry out its functions.”

This amendment would require the Secretary of State to provide adequate financial and practical assistance to the Commissioner to enable it to carry out its functions.

[Helen Maguire]

This is an is an important Bill, and one that I and my Liberal Democrat colleagues broadly welcome. However, we believe that it must go further. Before turning to the detail of our proposed changes, I want to acknowledge the significance of this legislation and the opportunity it presents to deliver meaningful change for the armed forces community. I thank the Minister and his team for all the hard work they have put into bringing the Bill to the House.

The Armed Forces Commissioner as proposed in the Bill will serve as an independent and vital advocate for service personnel and their families, reporting directly to Parliament. The role is long overdue. For too long, service personnel and their families have felt neglected, overlooked and unsupported. The commissioner’s remit will include addressing a wide range of issues from unacceptable behaviours and substandard housing to equipment concerns. The power to visit defence sites unannounced and commission reports is particularly welcome, as is the consolidation of the Service Complaints Ombudsman’s responsibilities into this more robust role.

The Liberal Democrats welcome those provisions as steps in the right direction, but steps alone are not enough. Delivering a fair deal for the armed forces community is not just morally right; it is a strategic imperative. Recruitment and retention challenges directly impact on national security. We cannot allow systemic neglect to erode the morale, trust and effectiveness of those who defend our nation.

Time and again, reports from reviews such as the Haythornthwaite and Atherton reviews have highlighted the failures of previous Governments, which include failures to provide decent housing and support service families adequately or to tackle issues such as discrimination and sexual harassment. Those are not new revelations; they are systemic problems that require a new approach.

The former Conservative Government failed to deliver for our armed forces. The Liberal Democrats will continue to call for a fair deal including strengthening the armed forces covenant, ensuring that service accommodation is fit for purpose and delivering for those who put their lives on the line for our country. The Bill is an opportunity to begin addressing those issues comprehensively, and I am proud to propose amendments that would have it deliver for all members of the armed forces community.

New clause 1 seeks to extend the commissioner’s remit to include individuals going through the recruitment process. At present, the Bill excludes those individuals, but recruits can face challenges during that initial formative stage. Recruits can be asked to stay on bases overnight, and we cannot ignore that they may encounter issues during such trips. It is essential to understand those issues to retain recruits, as many currently drop out, which we assume is due to the long waits that they are currently experiencing but may stem from issues that we are unaware of. The new clause would ensure that support was available from the very start of their journey into the armed forces, not just after they sign on the dotted line.

Amendment 1 would address another critical omission. The Bill currently leaves the definition of “relevant family members” to the Government, which creates ambiguity and risks exclusion. The amendment would ensure that kinship carers and the family members of deceased service personnel were explicitly included. Those groups face unique challenges, and it is vital that they are not left behind.

The creation of the Armed Forces Commissioner is a positive development, but we need to ensure that the role is truly independent, adequately resourced and held to account for its actions. Several key issues must be addressed to guarantee the commissioner’s effectiveness. For the commissioner to function properly, they must have adequate financial and practical support. Without sufficient resources, they will struggle to fulfil their vital responsibilities. Amendment 3 would place a direct duty on the Secretary of State to ensure that the commissioner’s office is properly resourced—both financially and practically—to carry out its work effectively. That would ensure that the role would not be hampered by a lack of support.

Additionally, transparency and accountability are essential. If the commissioner is to be a meaningful advocate for service personnel and their families, their work must be open to scrutiny. Amendment 4 would require the commissioner to publish annual reports to Parliament, ensuring that their efforts are transparent and that they can be held accountable for their actions. Such reports would allow Parliament, the public and service personnel to understand the welfare issues faced by service personnel and their families.

To safeguard the commissioner’s independence and credibility further, amendment 5 would have their appointment subject to pre-appointment scrutiny by a parliamentary Select Committee. That process would allow Members of Parliament to ensure that the best person for the job is appointed. This person needs to be independent of Government influence and focused on the needs of the armed forces community. Such additional scrutiny would help safeguard the integrity of the role and ensure that it remains focused on the needs of the armed forces community.

Further, the armed forces covenant should be central to the commissioner’s work. The covenant is a fundamental framework that guides how we treat our service personnel and their families, ensuring fairness and respect in all aspects of their lives. Amendment 7 would enshrine the covenant’s principles in the commissioner’s remit, ensuring that those values remain at the heart of their mission. Given that the covenant is at the heart of how we support our armed forces, it should be explicitly included in the Bill.

It is essential that we do not delay putting the Bill into action. That is why amendment 6 would require the Secretary of State to publish a timeframe for the appointment of the commissioner within six months of the passing of the Act. Our armed forces and their families need this service urgently and cannot wait around for years for action to be taken.

Following the damning findings of the Atherton and Etherton reports, it is clear that minority groups including women, ethnic minorities, LGBT+ personnel and non-UK nationals face systemic challenges within the armed forces. The Atherton report, published in 2021, focused on the experience of women in the armed forces. Four thousand female service personnel and veterans completed a survey to inform the inquiry, and shockingly 62% of respondents had been victims of bullying, discrimination, harassment or sexual assault during their service, sometimes at the hands of senior officers. It is unacceptable that women who serve in the armed forces too often face sexual harassment or misogyny.

That issue has not been adequately addressed, reflecting a lack of moral courage within parts of the armed forces, despite good intentions across the services. Amendment 2 would require the commissioner to take specific action to consider and address issues facing service personnel from minority groups: not only female service personnel but black, Asian and minority ethnic personnel, LGBT+ personnel and those not from the UK. That would be backed by annual reporting to ensure transparency and accountability. That is essential to ensure that all voices are heard and no one in the armed forces community is overlooked.

The Bill must be part of a wider effort to improve the quality of life of service personnel and their families. Housing, for instance, remains a persistent issue. Decent housing is not a privilege but a right, and service families deserve homes that are safe, comfortable and fit for purpose. Just last week in the House, my hon. Friend the Member for Taunton and Wellington (Gideon Amos) tabled an amendment to the Renters’ Rights Bill that would have extended the decent homes standard to Ministry of Defence service family accommodation, ensuring that all members of the armed forces would have the living standards they deserve. I was beyond disappointment when the Government voted it down.

The Bill represents progress, but it is not the finished article. Although I do not wish to press new clause 1 to a vote, our proposed changes are about fairness, accountability and doing right by all those who serve and their families. Let us seize this moment to deliver real and lasting change for the armed forces community. They have given so much for us; it is time that we gave back to them.

Armed Forces Commissioner Bill

Caroline Nokes Excerpts

Consideration of Lords amendments
Tuesday 3rd June 2025 Commons Chamber

[The Minister for the Armed Forces (Luke Pollard)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker (Caroline Nokes)]

With this it will be convenient to discuss:

Lords amendments 2 and 3, Government motions to disagree, and Government amendment (a) in lieu.

Lords amendments 4 to 7.

[Luke Pollard]

I am delighted that the Armed Forces Commissioner Bill has returned to the House. I rise to speak to Lords amendments 1, 4, 5, 6 and 7, which were proposed by the Government in the other place, as well as Lords amendments 2 and 3, which were proposed by the Opposition and to which we have proposed an amendment in lieu to strengthen them.

Before I start, I would like to recognise the publication of the strategic defence review yesterday, which signifies a landmark shift in our deterrence and defence. We made clear then, as I do today, that our people are at the heart of defence. The strategic defence review sets out our mission to look after our people better, to unlock their full potential, and to build a “one defence” culture that is focused, inclusive, respectful, and centred on valuing all contributions. The establishment of an Armed Forces Commissioner is a key part of that mission.

I thank all Members of both Houses for their scrutiny of this important piece of legislation. It is a landmark step in this Government’s commitment to renew the nation’s contract with those who serve and to strengthen support for our armed forces and the families who stand behind those who serve our nation. I extend my thanks in particular to Lord Coaker, the Minister in the House of Lords, for his invaluable support and collaborative approach in guiding the Bill through the other place. I also thank Baroness Goldie, the Earl of Minto, Baroness Smith of Newnham, Lord Stirrup, Lord Stansgate, Lord Browne of Ladyton, Lord Beamish and Baroness Newlove, to name just a few who made valuable contributions in the other place on this important piece of legislation.

Seven amendments were made to the Bill in the other place. Before I turn to them, I remind colleagues that this Bill is part of a manifesto commitment made by Labour during the general election to improve the service life of all those who serve and, importantly, to provide for the very first time an opportunity for family members to raise concerns about service welfare as well.

--- Later in debate ---

[Mr Bayo Alaba (Southend East and Rochford) (Lab)]

In Southend and Rochford I have had the pleasure of meeting many veterans and service people, men and women, who keep our country safe. An Armed Forces Commissioner will be a direct point of contact for those serving and their families, and will have direct authority to investigate welfare complaints from housing to kit to issues affecting family life. As a former soldier myself, I know that losing a lot of kit happened often, but I digress. This role comes alongside record amounts of funding for the armed forces and housing, so I am sure that colleagues across the House are extremely proud—

[Madam Deputy Speaker (Caroline Nokes)]

Order. The hon. Member really ought not to be making a mini-speech. Perhaps he is drawing his comments to a close.

[Mr Alaba]

Thank you, Madam Deputy Speaker. I am sure colleagues across the House are extremely proud of our armed forces. Does the Minister agree that this Bill is an opportunity for us to show a united Chamber in support of our armed forces and that colleagues should support it?

[Luke Pollard]

I agree with my hon. Friend’s interventions, and he need not worry, because I will not be sending him a bill for any of the kit that he might have misplaced over the years.

My hon. Friend is absolutely right to say that this House is at its best when we focus not on the party politics that may give us cause to divide ourselves, but on support for our armed forces personnel, their families and the missions that we ask them to undertake to keep our nation safe. It is precisely for that reason that I hope colleagues across the House will take note of what he has said and present a united House in relation to these amendments.

For the first time, we are providing our armed forces and their family members with a genuinely independent champion, a direct point of contact for them to raise welfare matters and to have those issues scrutinised by Parliament and, in turn, for the Government to be held to account. I therefore urge the House to support the Government’s position, to put aside party politics and to put our troops first, so that we can move closer to delivering this vital manifesto commitment for our brave servicemen and women and their families.

[Madam Deputy Speaker (Caroline Nokes)]

I call shadow Minister Mark Francois.

--- Later in debate ---

[Mr Francois]

The hon. Gentleman makes a powerful argument. I hope that if time allows, he will also make a speech.

The Government themselves acknowledge that the commissioner provides an enhanced, independent route for raising concerns. Our amendments build on that by embedding a clear, accessible and statutorily protected whistleblowing function. That simplicity is vital for ensuring that service personnel, especially those who feel most vulnerable, can come forward without fear.

The Government have further argued that whistleblowing lacks a clear legal definition. However, that claim is simply untenable. As Baroness Goldie powerfully highlighted in the other place, the Armed Forces Act 2006—section 340Q is titled “Investigation of concerns raised by whistle-blowers”—and the Police Reform Act 2002 provide clear statutory precedent for the term. Those Acts demonstrate that including whistleblowing adds tangible value to legislation, ensuring protections for those who expose wrongdoing. If whistleblowing is robust enough for the Police Reform Act and the very Act that this Bill is designed to amend, how can the Government argue that it lacks clarity or value in this context?

Let me address the Government’s contradictory stance. In Committee in the other place, we proposed a broader amendment to empower the commissioner. In the other place, the Ministry of Defence dismissed it as too wide-ranging. In the spirit of constructive compromise, which has been the general tenor of the Bill throughout, we narrowed our amendment to focus specifically on welfare and service issues. Now the Government claim that this revised amendment is too narrow and does not grant sufficient powers—too broad, then too narrow. That inconsistency displays a reluctance to engage with the substance of our proposal.

To illustrate my point, let me offer two theoretical examples to the House. First, let us consider the possibility of a whistleblower being someone who served in the British Army in Northern Ireland. This is an extremely topical issue at present, as the Minister will be aware, given the Government’s appalling remedial order to excise key parts of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. I do not know whether any armed forces personnel who served, or indeed are still serving, in Northern Ireland have privately signed the parliamentary petition entitled, “Protect Northern Ireland Veterans from Prosecutions”, but as of today, over 131,000 people have signed it. We therefore look forward to an early debate in Parliament on these matters. While we are of course in the hands of the Petitions Committee and not you, Madam Deputy Speaker, on this occasion, we are hopeful that the Committee might allow a debate to take place as soon as possible, and certainly prior to the summer recess. I see Labour Members nodding, so I am keen to get that into Hansard.

Secondly, let us consider the theoretical example of an officer serving as a military assistant to a Minister on the fifth floor of the Ministry of Defence. What protection in law would that officer have if they became seriously concerned that a Minister they were working for was about to breach the ministerial code? Not that any Minister here today would, of course. How would an officer faced with a moral dilemma of that magnitude be permitted to act as a whistleblower to raise concerns that Ministers had acted inappropriately—something that would certainly impact their general welfare as well as the reputation of the Government they served? We will see if the Minister has anything to add before we conclude.

In summary—I know others are keen to speak—the Government have offered assurances about anonymity in the commissioner’s work and promised a communications campaign to raise awareness of the commissioner’s role. These are welcome steps, but, as I hope I have argued, they are not enough. A communications campaign is no substitute for a clear, statutory whistleblowing provision that service personnel can rely on with confidence. The other place recognised that, delivering a significant cross-party defeat to the Government last month when Conservative peers, alongside others, successfully amended the Bill to include a robust, anonymous whistleblowing route. Lords amendments 2 and 3 are not just about process; they are about rebuilding trust.

I will listen closely to the Minister’s response, but if the Government cannot move beyond their current position and continue to offer assurances without real statutory weight—I am afraid we find the amendment in lieu unconvincing—we will have no choice but to test the opinion of the House. We owe it to our service personnel to ensure their voices are heard and their concerns are properly investigated.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Chair of the Defence Committee.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

As we consider the Lords amendments to the Bill, I welcome the opportunity to reflect on the progress made and the important issues that these amendments address.

I am pleased to support Lords amendments 1, 4, 5 and 6, which enhance parliamentary oversight of secondary legislation under the Bill. The Government’s support for those amendments is a positive step towards greater transparency and accountability in the implementation of this important legislation.

I also want to highlight the significance of whistleblower protection. Lords amendments 2 and 3 rightly draw attention to the need to safeguard those who come forward with concerns. I welcome His Majesty’s official Opposition’s efforts to bring attention to this issue and to the Government’s commitment to this principle, particularly through the amendments they have tabled in lieu, which aim to protect the anonymity of individuals making complaints. That is essential for fostering a culture of openness and trust within our armed forces and ensuring the Armed Forces Commissioner has the confidence of serving personnel and those who make complaints.

I am grateful to the Armed Forces Minister for his clarification on the matter just now. As Chair of the Defence Committee, I want to reiterate that our Committee very much looks forward to holding a pre-appointment hearing with the Secretary of State’s preferred candidate for the first Armed Forces Commissioner—a vital step in ensuring the independence and effectiveness of this new office.

Finally, as this is likely our last opportunity to debate the Bill in the House, I look forward to its passage into law and thank all those who have been involved in drafting and amending the Bill as it has made its way through both Houses.

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Helen Maguire (Epsom and Ewell) (LD)]

I rise to speak in support of Lords amendments 2 and 3, which were tabled by Conservative peer Baroness Goldie and supported in the other place by my Liberal Democrat colleagues. I urge Members on both sides of the House to reject the Government’s proposals to remove them and replace them with a watered-down version. The amendments do something simple but profoundly important: they embed within the commissioner’s role a clear and explicit whistleblowing function, one that empowers service personnel and their families to raise concerns about welfare and wrongdoing safely and with confidence, and, crucially, one that provides statutory protections for those who speak up.

A complaints process and a whistleblowing system have two different purposes. A complaint is often about personal redress whereas a whistleblowing disclosure is about drawing attention to serious wrongdoing, often at great personal risk in the public interest. The Government’s amendment in lieu acknowledges the importance of anonymity, but it does not go far enough. It merely inserts a provision to protect identifying details in publishing reports and only where the disclosure was “in response to a request”. It neither defines nor protects whistleblowers in statute.

Whistleblowing is a vital tool in surfacing systemic failure—something that our service personnel clearly need. It seems like almost every month brave service personnel and veterans come forward with shocking accounts of misconduct. Their accounts underline how much courage it takes to speak up and how easily that courage can be crushed by fear of social backlash, reprisal or career damage. The Government argued that anyone can raise a concern with the commissioner and that data protection law already protects anonymity, but data protection is not the same as whistleblower protection. It is passive and does not actively encourage disclosures, does not instil confidence and does not grant status or safeguards against retaliation.

The whistleblowing amendments would not overburden the commissioner; they would simply recognise whistleblowing for what it is: a unique and necessary channel for uncovering wrongdoing that might otherwise be buried. They are tightly drawn, limited to welfare matters, and designed to ensure that information reaches someone with the authority to act. The commissioner will be tasked with improving the culture and confidence among our armed forces. Nothing would do more to support that mission than keeping the amendments, which would introduce a whistleblowing function, giving our brave service personnel and their families an independent, trusted person to whom they can speak safely and be heard without fear.

I will vote against the Government motion to remove Lords amendments 2 and 3, and I urge colleagues to do the same. The amendments give confidence to those who wish to speak up, but who are afraid of the consequences. “Whistleblowing” is a simple, clear and well-understood term that can provide extra assurance. It could make this Bill truly transformative to the armed forces culture.