Armed Forces Bill (First sitting)

David Reed Excerpts

Select Committee stage
Tuesday 24th March 2026 Public Bill Committees

[Al Carns]

I will triple down on what was said and say thank you very much to an amazing team, first, for putting together great evidence sessions and, secondly, for approaching this in a positive and pragmatic way. I also thank the Opposition parties for also being pragmatic in the way we move this forward in the best keeping of our armed forces.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Armed forces covenant

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

I beg to move amendment 8, in clause 2, page 3, line 19, at end insert—

“‘due regard’ means that specified bodies should think about and place an appropriate amount of weight on the principles of the Armed Forces Covenant when they consider all the key factors relevant to how they carry out their functions.”

This amendment defines due regard for the purposes of interpreting section 2 of the Armed Forces Bill.

[The Chair]

With this it will be convenient to discuss amendment 5, in clause 2, page 6, line 37, at end insert—

“343AZC National protocol for consistent access to public services

(1) The Secretary of State must prepare and publish a national protocol for consistent access to public services for service people and relevant family members.

(2) The national protocol must set out standardised procedures and expectations for the persons specified in section 343AZA(4) regarding the exercise of their functions in relation to the matters specified in section 343AZA(5).

(3) In exercising a public function to which section 343AZA applies, a person specified in section 343AZA(4) must act in accordance with the national protocol.

(4) The Secretary of State must lay a copy of the national protocol before each House of Parliament no later than six months after the day on which the Armed Forces Act 2026 is passed.

(5) The Secretary of State may from time to time revise the national protocol and must publish and lay before each House of Parliament any revised version.”

This amendment requires the Secretary of State to create and publish a national protocol to ensure Armed Forces Families receive consistent access to essential public services.

[David Reed]

It is a pleasure to serve under your chairship, Mr Efford. Amendment 8, standing in my name and those of my right hon. and hon. Friends, is a straightforward but important amendment. Its purpose is simple: to place a clear and consistent definition of “due regard” on the face of the Bill. I know that many colleagues will agree with that.

At present, due regard sits at the very heart of how relevant authorities will interpret and apply their obligations under the armed forces covenant. It is the mechanism through which the intentions of Parliament will be translated into real decisions on the ground and yet, as the Bill stands, the term itself is not defined. That creates a problem. Where Parliament relies on a concept without defining it, we leave room for inconsistency, uncertainty and, ultimately, uneven delivery.

Different authorities may take different views about what due regard requires of them. Some may interpret it robustly and act with care and diligence; others may, perhaps unintentionally, adopt a narrow reading and do the minimum necessary to demonstrate compliance. That cannot be what we want. If the covenant is to mean anything in practice, it must be applied consistently across the country. Service personnel, veterans and their families should not face a postcode lottery in how their needs are considered. The principle of fairness that underpins the covenant demands that we get this right and, I hope, get it right first time.

[Pam Cox (Colchester) (Lab)]

Would the hon. Gentleman agree that due regard is a long-established legal concept that lots of public bodies already understand? It is already routinely applied in practice, and to change the definition for the purposes of the Bill would be to go down an erroneous path.

[David Reed]

I thank the hon. Member for her intervention; she is an expert in these areas.

National Governments have legal teams to help them interpret the concept of due regard and apply it evenly across their Departments. When we get down to the local council level—I think we have all experienced this—that might be more inconsistent because the skills might not be there to bolster that support. We need to make it clearer. It might not be a case of changing the nature of due regard but of making it more explicit so that councils can interpret it.

[Ian Roome (North Devon) (LD)]

I would like to draw the Committee’s attention to the Defence Committee report on the armed forces covenant, which is based on evidence from witnesses. It says:

“As the current duty of ‘due regard’ is inconsistently interpreted, the extended duty must be accompanied by clear guidance so that the duty is clearly understood and is not treated as a tick-box exercise.”

It goes on to say:

“We heard many examples where the Covenant was not working as designed, resulting in people who have served being financially disadvantaged, unable to access medical care, or unable to find an appropriate school for their children as a result of their service.”

That was all due to the wishy-washy interpretation of due regard.

[The Chair]

That is a long intervention, and we have an amendment on that subject.

[David Reed]

I thank the hon. Gentleman for his intervention. He has a lot of experience in local government, so I take his view on this topic and look forward to hearing his substantive speech on it.

Amendment 8 does not introduce a new or burdensome requirement. It simply reflects existing guidelines and established practice, and provides clarity, not complication. By setting out what due regard means in the Bill, we ensure that everyone is working from the same understanding from the outset. In practical terms, placing a definition in the Bill would make it clear that local authorities and other relevant bodies must consciously consider the needs of the armed forces community when making decisions in scope of the covenant. It would require more than a cursory acknowledgment; it would require proper thought, proper sentiment and a willingness to adjust decisions where appropriate. That is not an unreasonable expectation. Local authorities already operate within similar frameworks in other areas of public policy, and the duty to have due regard is well understood in some areas and councils.

[Mr Paul Foster (South Ribble) (Lab)]

Does the hon. Gentleman not agree that we may be jumping the gun slightly? The covenant’s statutory guidance will explain in detail what due regard means in practice.

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[David Reed]

I would rather have it in the legislation from the outset. We could take a position where we hope that local authorities will sit down and read through the legislation but, as we have seen over the last few years, that has not been applied in the current understanding of the covenant. I would rather the definition be explicit for local authorities. That would also provide a nice feedback loop, because if it is not working, it can go straight back to the Ministry of Defence and we can work on making amendments to the overall legislation.

[Rachel Taylor (North Warwickshire and Bedworth) (Lab)]

When coming to a definition that everybody can agree on, it often ends up being very narrow, because that is what the group can agree on and apply. Does the hon. Member agree that if we end up defining due regard in the Bill, the definition will be narrow and, by its very nature, bodies will apply it in a very narrow sense in practice, to the detriment of veterans and service personnel?

[David Reed]

I thank the hon. Member for her intervention, and she makes a good point. But who defines “narrow”? From what we have seen with local authorities, most councils want to go above and beyond the covenant, because people in the council might have served in the military or had military families and they want to do more than what is already stated. Having the base, narrow explanation in the Bill will give everyone the base requirement, and it is a powerful thing to include—it is important to be explicit.

The amendment simply ensures that the same level of care is applied, and it is also about accountability. Without that clear definition, it becomes hard to assess whether an authority has fulfilled its duty. A defined standard provides a benchmark against which performance can be measured. It gives confidence to service families and ensures that their circumstances are properly considered; it also gives clarity to authorities about what is expected of them.

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[Dr Shastri-Hurst]

Yes, on this particular point.

[David Reed]

Promises, promises.

[Dr Shastri-Hurst]

That was a lawyer’s promise; the Minister can read it as he wills.

Does the Minister not think that having a definition of due regard in the Bill would assist the courts in interpreting its application in cases where a public body’s decision is challenged by a member of the armed forces community?

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[Al Carns]

I completely agree. I served for 24 years, and I did not know what the covenant was until I left and became the Minister for Veterans and People. That is the honest reality. I am sure that others who are serving also do not know what the covenant is. There is an educational requirement within the military, but also—I say this ever so gently—they are so focused on their operational roles and responsibilities that they are not necessarily interested in what comes next, or in understanding the benefits of the covenant to their families and loved ones while they are serving, which is a crying shame. I completely agree that we must make a more conscious effort to ensure that the covenant is understood by those serving, those who have left, and importantly—perhaps in some cases more so than for any other group—the families of veterans or of those serving. There is a huge amount of support out there, but it is often untapped because of the lack of education.

The legal duty is set up so that bodies can make decisions that are right for the local context and circumstances, including the devolved Governments. I would argue that a one-size-fits-all approach could inadvertently hinder tailored solutions that best meet the needs of armed forces personnel and their families. Instead, the covenant duty is supported by robust statutory guidance that acts as a clear point of reference for public bodies. Therefore, further expectations are unnecessary. This guidance ensures that the needs of the armed forces community are properly considered, while allowing for local discretion and responsiveness. Furthermore, transparency and accountability are maintained through the armed forces covenant annual report, which monitors progress and highlights areas for improvement.

In summary, mandating a national protocol risks imposing unnecessary rigidity and could limit the ability of public bodies to respond effectively to local circumstances—a point that I keep coming back to. We believe the current approach strikes the right balance between consistency, flexibility and accountability. I hope that reassures hon. Members, and I ask them not to press amendments 8 and 5.

[David Reed]

Given the strength of the argument this morning, I would like to test the will of the Committee and press amendment 8 to a vote.

Question put, That the amendment be made.

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[Mr Francois]

No, Mr Efford, and I was just going to say why not. I tipped my hand earlier and said that I probably would not press it. I will accept the Minister’s kind offer of a meeting to discuss the issues in amendments 11 and 12. I hope I have managed to convince the Committee that I have done my homework, if nothing else. I will not press either amendment.

[David Reed]

I beg to move amendment 13, in clause 2, page 6, line 37, at end insert—

“343AZC Armed Forces Covenant Action Plans

(1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must make regulations requiring a local authority to which the Armed Forces Covenant duty applies to prepare and publish an Armed Forces Action Plan.

(2) Regulations under subsection (1) must specify that an Armed Forces Action Plan set out—

(a) the steps the authority intends to take to fulfil its duties under the Armed Forces Covenant,

(b) how the authority will assess local need within the Armed Forces community, and

(c) how resources will be allocated to support delivery of those duties.

(3) A relevant local authority must, at least once in each reporting period, publish a report on progress made against its action plan.

(4) In preparing an action plan and report under this section, a relevant local authority must have regard to any guidance or outcomes issued by the Secretary of State.

(5) The Secretary of State may issue guidance, including indicative outcomes or measures, for the purposes of supporting consistent implementation and assessment of the Armed Forces Covenant duty.”

This amendment would require local authorities subject to the Covenant duty to prepare and publish an Action Plan setting out how they will deliver the duty.

The amendment, which stands in my name and in the name of my right hon. and hon. Friends, would place a clear and consistent obligation on local authorities to produce an armed forces covenant action plan. At present, there is no standardised mechanism for assessing how local authorities are delivering their covenant duties, nor is there a consistent framework for evaluating the effectiveness of delivery in practice. The absence of such a structure makes it difficult to form a clear picture of how the covenant is being implemented across the country. Without a defined framework, delivery is likely to vary among authorities, a point that has been raised today in relation to other amendments.

Some local authorities, particularly those with an established focus on armed forces issues, may continue to provide strong and proactive support. They may already have effective partnerships in place with local services charities, good engagement with their armed forces communities, and a clear understanding of local need. In some areas, local authorities are already producing plans or strategies, often working closely with the local armed forces network and charities. The amendment would build on that existing good practice, rather than starting from scratch.

Other authorities, facing a wide range of competing pressures, may find it more difficult to give their covenant commitments the same level of attention. That is not necessarily due to a lack of willingness; rather, it reflects the reality of limited capacity and competing priorities.

The result can be a variation in provision across different areas, whereby the consistency of available support may depend in part on where an individual lives. That sits uneasily with the intention behind the armed forces covenant, which is to provide a consistent commitment to those who serve or have served and to their families. The amendment is intended to support the duty by helping to ensure that the covenant is delivered in a more consistent and transparent way at a local level.

In practical terms, the absence of a structured approach presents some challenges. First, it can limit the ability of local authorities to assess the scale and nature of their armed forces community. Without a clear expectation that information will be gathered and analysed, there is a risk that need will not be fully identified. That may relate to housing, access to healthcare, employment support or the specific needs of service families who move frequently. It may also include the needs of veterans who are less visible and are therefore less likely to come into contact with services unless there is a proactive effort to reach them. If need is not clearly understood, it becomes more difficult to design services that respond effectively.

Secondly, without a clear planning framework, resource allocations can become less strategic. Decisions may be taken on a reactive basis, responding to immediate issues as they arise rather than being guided by a longer-term assessment of the need. Given the financial pressures facing local authorities, that is understandable. However, it increases the risk that covenant-related activity will not be prioritised consistently, particularly when it is not clearly set out alongside other statutory responsibilities. A more structured approach would allow better co-ordination of support between services, including housing, healthcare and employment support, where needs often overlap and require a joined-up response.

Thirdly, the absence of a requirement to set priorities or to publish reports on progress makes it harder to assess how covenant duties are being delivered in practice. It becomes more difficult for central Government to understand what is happening at a local level; it is also more difficult for local stakeholders, including service charities and armed forces families, to see what support is available and how it is being developed. Those issues were reflected in earlier evidence sessions, in which concerns were raised about the lack of consistent metrics and the difficulty of comparing delivery between authorities.

[Dr Shastri-Hurst]

My hon. Friend is making a very powerful speech. Does he not consider one advantage of these action plans to be shared learning across local authorities, as those with more experience can aid those with less experience in improving the standard and delivery of support for veterans and the armed forces community?

[David Reed]

My hon. Friend makes a very good point. Looking across the Committee, I see Members who have served in local government, some of whom may have had military experience before doing so. They would have been able to apply their experience, and that of their families, to their work as elected councillors. However, that is not standard across the country, which takes us back to my central point: given the financial pressures and other statutory pressures, we can see why, without a requirement for a clear plan, implementation becomes difficult for a local authority that does not have experience.

The lack of comparability limits our ability to identify where approaches are working well and where improvements may be needed. It also makes it harder to share learning among areas. Amendment 13 seeks to address those points in a proportionate and practical way. It would not impose a detailed or overly prescriptive model, as it is not bureaucratic in nature, and it would not remove flexibility from local authorities; authorities that want to do a lot more could do so, which would perhaps be fed back into central Government. Instead, it would establish a clear expectation that each authority take a structured approach to delivering its covenant responsibilities.

It is important to be clear about what the amendment would not do. It would not impose a complex or resource-intensive new burden. Many local authorities are already undertaking elements of this work; the amendment would simply bring that activity into a clearer and more consistent framework. It would require local authorities to produce an armed forces covenant action plan, which I am sure would be developed in conjunction with the Ministry of Defence, bringing together experience from where it is being done well in local government. That plan would set out in clear terms the steps that the authority intends to take to meet its obligations. It would provide a more coherent framework for delivery, bringing together activity that might otherwise be spread across different services.

Importantly, amendment 13 would also require authorities to assess the level and nature of the need within their local armed forces community. This key element would ensure that planning is informed by evidence, rather than assumptions. It would also encourage engagement with those directly affected, including service personnel, veterans and their families, as well as the organisations that support them. In addition, the amendment would require authorities to set out how resources would be allocated to meet that identified need, helping to create a clearer link between assessment and delivery. It would support more transparent decision making and would help to ensure that commitments are reflected in practice.

The requirement to report on progress is another important part of the amendment. It would introduce greater transparency, allowing central Government, local partners and the armed forces community to understand how the covenant is being delivered in particular areas. That transparency would support activity and accountability; allow local authorities to demonstrate the work that they are undertaking, including where progress has been made and where further development is needed; and provide a basis for identifying effective approaches and sharing good practice.

I will wrap up, because I am conscious of time. Amendment 13 is an important amendment. It would give local authorities a framework to work with central Government to carry out their new statutory duties, while managing their workload across competing priorities.

[Al Carns]

Amendment 13 would require local authorities to prepare and publish detailed action plans within six months of the passing of the Act. The Government are fully committed to strengthening the delivery of the covenant at a local level. The Bill represents a significant step forward by placing the duty on an improved statutory footing, extending the policy areas that are in scope from three to 12.

Mandating detailed action plans risks imposing a rigid bureaucratic process that may not reflect the diverse circumstances of local government, geography or the composition of armed forces communities across the country. For example, mandating an action plan for areas with little to no armed forces footprint could divert valuable resources away from practical support and into compliance activity.

Delivery of the covenant at a local level is already supported through established mechanisms, including the Covenant Community Action Group, the annual covenant conference and a dedicated covenant website that promotes good practice, shared learning and engagement across the system, which are areas that the hon. Member for Exmouth and Exeter East mentioned. We are also investing in improved awareness and understanding of the covenant across both the armed forces and service providers, including through the new regional Valour centres and field officers.

Rather than mandating prescriptive local action plans, we are taking a proportionate and flexible approach, supporting bodies in scope with extensive guidance and practical tools aimed at improving outcomes for the armed forces community. My officials are creating a suite of materials for service providers to give clear guidance and practical support. The Valour regional officers will be able to provide tailored advice at a local level up and down the United Kingdom.

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[Al Carns]

That is a really good question. I will come back to the Committee with the exact detail, but lots of councils have engaged and have gold, silver and bronze standards. Some of them are exceptional. Some of them—this goes back to the point about the postcode lottery—do not necessarily need to sign up, because their community does not have a huge number of veterans or armed forces. I will endeavour to come back to the Committee with the detail.

There is already an established statutory duty to report to Parliament on the delivery of the covenant. There is therefore no need to establish a new reporting mechanism. The hon. Member for Exmouth and Exeter East is welcome to come and have a discussion with the Minister for Veterans and People and me about what that report looks like so that we can move it in the right direction. However, we believe that a proportionate, flexible approach, supported by guidance and ongoing engagement, is the best way to ensure that local authorities deliver meaningful support to the armed forces community without unnecessary administrative burdens.

I hope I have clarified the situation, reassured the Committee and offered up a brief for the Minister for Veterans and People and me on the annual report and what it consists of. I ask the hon. Member for Exmouth and Exeter East to withdraw amendment 13.

[David Reed]

I thank the Minister for his wind-up. In the light of his answer, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn. 

Ordered, That further consideration be now adjourned. —(Christian Wakeford.)