Armed Forces Commissioner Bill (Third sitting)

David Reed Excerpts

Committee stage
Thursday 12th December 2024 Public Bill Committees

[Luke Pollard]

I thank the hon. Member for Epsom and Ewell for her amendment 5. As with amendment 7, it is good to be able to place on the record our intention for how this process should work.

Amendment 5 would insert a requirement for the House of Commons Defence Committee to conduct pre-appointment hearings and to state a positive or negative opinion on the appointment of the Secretary of State’s preferred candidate for commissioner. The Secretary of State would be able to recommend their preferred candidate to His Majesty only following a positive opinion from the Committee.

I draw hon. Members’ attention to the Second Reading debate, during which the Secretary of State confirmed that the Government are keen for the Committee to exercise rigorous pre-appointment scrutiny of candidates to ensure that we appoint the best person to be the independent champion for the armed forces and service families. The hon. Lady’s amendment would certainly set a precedent for wider Government discussion. I suggest that her argument might best be directed in the first instance to the Cabinet Office, given its cross-Government leanings, rather than to the Ministry of Defence.

The Government have said that the pre-appointment scrutiny by the House of Commons Defence Committee should be vigorous and thorough. We expect it to go above and beyond the current process, precisely because the commissioner will report their recommendations to Parliament via the national security scrub in the MOD, so their role is somewhat different from the role of other commissioners who might receive pre-appointment scrutiny from other Select Committees. Their powers are designed to be greater, so a more prominent role will be given to Parliament. We are confident that the existing practices and arrangements in Parliament are robust, that they can address any concerns that the Select Committee may have about a candidate, and that we will be able to take the Committee’s views fully into account before making a recommendation to His Majesty.

[David Reed (Exmouth and Exeter East) (Con)]

The mechanics are different from those for a preferred candidate in other Departments, in so far as the candidate will have to go through top-level security clearance and presumably enhanced developed vetting. If they do not pass enhanced developed vetting, will they still be put forward as the preferred candidate? How will the mechanics work?

[Luke Pollard]

The hon. Member asks a fair question. We will not put forward anyone who does not pass security vetting; it is important that we place that on the record. This is a significant and prominent role. The commissioner will have access to our military bases. We do not expect, require or want them to look at anything beyond general service welfare matters, but there may be locations or people adjacent to those welfare matters that are sensitive to UK national security. That is why we have put national security powers in the Bill and why the Secretary of State has made assurances, which I am happy to repeat, that the commissioner will be security vetted. That is what service personnel and our colleagues across Government will expect. Someone who cannot pass security vetting should not be able to take up such a serious appointment in the Ministry of Defence. I am happy to give the hon. Member that assurance; I hope it reassures him.

In his short few months here, my hon. Friend the Member for Dunfermline and Dollar has established himself as formidable and forensic in his tabling of parliamentary questions to the Ministry of Defence.

--- Later in debate ---

I hope there is no doubt that our intention is that the commissioner will act as an independent champion for the armed forces, and hold this and future Governments to account.

[David Reed]

I seek clarification on one of the points the Minister made about clearances, as I have not heard it in what he has said. Which level of clearance will the Armed Forces Commissioner be required to hold, and will the role be contingent on them holding it? If they cannot maintain clearance, will they lose their job?

[Luke Pollard]

I am happy to write to the hon. Member with our expectation of which specific clearance type would be required, but on the second part of his question about what happens if someone loses their clearance, it will be a condition of the role that they would be subject to the Official Secrets Act 1989 and require the necessary clearance, and in such circumstances they would not be fulfilling the terms and conditions of their role. I hope that gives the hon. Member suitable assurance.

Question put and agreed to.

Schedule 1 accordingly agreed to.

Clause 2

Commissioner’s functions in relation to service complaints