Defence

Debate between Chris Vince and Mark Francois

Wednesday 2nd July 2025 Commons Chamber

[Mr Francois]

The purpose of this instrument is to provide for the continuation in force of the Armed Forces Act 2006, which would otherwise expire in mid-December 2025. In essence, the measure provides for the 2006 Act to continue in force for a further year, taking us up to a deadline of 14 December 2026.

For those with an historical interest—among whom I include myself—the principle of the legislation dates back to the Bill of Rights 1688, as the Minister intimated, which, given that it followed on from the civil war, declared the

“raising or keeping of a standing army within the United Kingdom in time of peace, unless with the consent of Parliament, to be against the law.”

This provision has resulted in the requirement, since 1688, that all legislation on discipline in the armed forces be annually renewed, hence this order.

As the Minister stated, this instrument should have support across the House, and I am sure that it does. However, yet again, when we are debating defence—when we are debating an order that is fundamental to the discipline and integrity of our armed forces—there are no Reform MPs in the Chamber. Why? It is because Reform does not do defence. The Minister and I have seen that time and again over the past year—so there is a point of consensus, if he wants one.

While this order might appear to be a mere formality, albeit an important one, it gives me the opportunity to ask my opposite number, the Minister for the Armed Forces, four important questions, but before I do, I will just report to the Minister that the cadets, who are an important part of the armed forces family, are indeed well disciplined and in good heart. I attended an Armed Forces Day event in Basildon on Saturday, as I have done for years, and was honoured to be invited to inspect the Air Cadets on parade. When I asked one very smart cadet why he had decided to join the Air Cadets, he replied, “Because my mum made me, Sir, although three years in, I’m very grateful that she did.” I also managed to grab a quick drink with some veterans in a local hostelry. However, mysteriously, all four MPs in the Basildon borough—none of whom are Labour MPs—appear not to have been invited this year. I can only presume that our invitations were lost in the post. I say gently to the Minister, more in sorrow than in anger, that playing silly partisan games like this is demeaning for the Labour-led council.

[Chris Vince (Harlow) (Lab/Co-op)]

On that point, will the right hon. Gentleman give way?

[Mr Francois]

No.

Armed Forces Day is too important for this sort of silly nonsense, which embarrasses Basildon council in the eyes of the public and, indeed, its local MPs. In all seriousness, perhaps the Minister could have a word with his colleagues on the council and make sure that this unfortunate oversight does not happen again.

Defence is traditionally a bipartisan issue. We all believe in the defence of the realm, and I have always believed that it is the first duty of Government. However, I say to the Minister, on the Floor of the House, that he cannot have it both ways. He cannot on the one hand plead for unity between the Government and the Opposition and then, when it suits, imply that Opposition spokesmen are Russian, Chinese or Iranian fellow travellers just because they had the temerity not to agree with the Government on their bonkers Chagos deal. My honest advice to the Minister is to make up his mind and be consistent; he will then receive the respect that he asks for.

I turn to the order. Armed Forces Acts are normally subject to quinquennial review. We had Armed Forces Acts in 2011, 2016 and 2021, and we can expect a further Act before the instrument expires in December 2026. Given the vagaries of parliamentary life, few things are certain, but assuming for a moment that it will be the Armed Forces Minister and I who will take this legislation through on behalf of our respective parties, this seems a good opportunity to ask the Minister two questions. First, what are the latest timings for that legislation, and when can we expect to see a Bill? Secondly, could he give the House some idea of the likely key themes of that Bill, and the areas, if any, in which the legislation is likely to differ materially from the Armed Forces Act 2021? In fairness, he dropped a hint a few moments ago that there will be service justice provisions; perhaps he could expand on that slightly, if he has the opportunity. I ask because there will be a large number of interested parties, including the armed forces themselves, obviously, the armed forces families federations, military charities and others. From previous experience, I can say that they will take a close and important interest in the Bill. Giving them as good a heads-up as possible is clearly desirable. Perhaps the Minister could assist the House with that.

As the explanatory notes that the Minister referred to point out, were this order not to be passed,

“The key effect…would be to end the provisions which are necessary to maintain the armed forces as disciplined bodies. Crucially, the 2006 Act confers powers and sets out procedures to enforce the duty of members of the armed forces to obey lawful commands. Without the 2006 Act, those powers and procedures would no longer have effect; Commanding Officers and the Court Martial would have no powers of punishment in respect of a failure to obey a lawful command or any other form of disciplinary or criminal misconduct. Members of the armed forces would still owe allegiance to His Majesty, but the power of enforcement would be removed.”

Clearly, that would be very undesirable, and for the avoidance of doubt, we will most certainly not vote against this order in a few minutes’ time, but there is an important point here about members of the armed forces being required to obey lawful commands. That brings me on to my third question for the Minister.

As recently as Defence questions on Monday, we debated in the Chamber the fate of the 300,000 or so British Army veterans who served in Northern Ireland on Operation Banner. They were lawfully commanded to help uphold the rule of law in support of the Royal Ulster Constabulary GC, now the Police Service of Northern Ireland, and to protect all people in Northern Ireland, of whatever tradition, from heinous acts of terrorism, whether by bomb or by bullet. As the Minister will be well aware, the Government have tabled a so-called remedial order that would cut out elements of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, thus potentially opening up some of those veterans to an endless cycle of investigation and reinvestigation. The order also makes it easier for the likes of Gerry Adams and his compadres to sue the British taxpayer for hundreds of millions of pounds.

According to a press report in The Daily Telegraph yesterday and an associated answer by the Northern Ireland Secretary to a parliamentary question, the Government have decided to drop the part of the remedial order that would assist Mr Adams and his associates in suing the British taxpayer. If that report is true, we Conservative Members would warmly welcome it. However, it does not solve the problem of our brave veterans who served in Northern Ireland often being persecuted at the behest of Sinn Féin.