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.