Armed Forces Bill

Baroness Laing of Elderslie Excerpts

2nd reading & 2nd reading: House of Commons
Monday 8th February 2021 Commons Chamber

[Johnny Mercer]

Not at this time.

By cementing the covenant in the minds of the public, we are not lowering the ceiling but are raising the floor of our collective expectations. For example, my own constituency of Plymouth, Moor View has undertaken many good initiatives to support the local service community. I want others to view their efforts not as exceptional, but rather as a new normal, just as I want my constituents to see their successes merely as a springboard to better and bigger things.

In conclusion, I began by saying that an Armed Forces Bill is always an historic moment, but, by augmenting service justice, by improving our service police and by finally enshrining the covenant into law a decade on, we are cementing its standing further still. Our armed forces people are our nation’s first and last line of defence. We depend on them, but they also depend on us, and that is why it is incumbent not just on those of us in Government but on everyone in this House to work in partnership with our counterparts in the devolved Administrations to ensure that this nation does right by those who serve, so that decades from now our future personnel will look back on this period and say, “This was the moment”—the moment when our nation finally awoke and delivered on its promise to the incredible men and women who serve our country without question or quibble and defend this proud nation and act on the will of this House; the moment when incremental strategic and irreversible change was delivered in law for our service personnel and veterans and their families. I commend this Bill to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I call the shadow Secretary of State, it will be obvious to anyone who has examined the call list that a very large number of Members wish to participate this afternoon, so there will be an immediate time limit on Back-Bench speeches of four minutes.

Armed Forces Bill

Baroness Laing of Elderslie Excerpts

Committee stage
Wednesday 23rd June 2021 Commons Chamber

[The Chairman of Ways and Means (Dame Eleanor Laing)]

Before I ask the Clerk to read the title of the Bill, I should explain that in these exceptional circumstances, although the Chair of the Committee would normally sit in the Clerk’s seat, in order to comply with social distancing requirements, I will remain in the Speaker’s Chair, which is so much more comfortable and from which I can see better, although I will be carrying out the role not of Deputy Speaker, but of Chairman of the Committee. The occupant of the Chair should, in Committee, normally be addressed as the Chair, rather than as Deputy Speaker.

Clause 1

Duration of Armed Forces Act 2006

Question proposed, That the clause stand part of the Bill.

[The Chairman]

With this it will be convenient to discuss the following:

Clauses 2 to 6 stand part.

Amendment 7, in clause 7, page 4, line 27, at end insert—

“(4A) Guidance under subsection (3)(a) must provide for charges of murder, manslaughter, domestic violence, child abuse and rape to be tried only in civilian court when the offences are alleged to have been committed in the United Kingdom.”

This amendment would ensure that the most serious crimes – murder, manslaughter domestic violence, child abuse and rape - are tried in the civilian courts when committed in the UK.

Clause 7 stand part.

Amendment 1, in clause 8, page 9, line 19, at end insert—

“(aa) a relevant government department;”.

This amendment, with amendments 2, 3 and 4, would place the same legal responsibility to have ‘due regard’ to the Armed Forces Covenant on central government and the devolved administrations as the Bill currently requires of local authorities and other public bodies.

Amendment 39, in clause 8, page 10, line 2, at end insert—

“and

(g) in relation to accommodation provided to service people in England, a requirement for that accommodation to meet the Decent Homes Standard.”

The intention of this amendment is to ensure that all service housing is regulated in line with the minimum quality housing standard which pertains to whatever part of the United Kingdom that housing is situated in.

Amendment 2, in clause 8, page 11, line 18, at end insert—

“(aa) a relevant department in the devolved administration in Wales;”.

See explanatory statement for Amendment 1.

Government amendment 8.

Amendment 40, in clause 8, page 11, line 38, at end insert—

“and

(e) in relation to accommodation provided to service people in Wales, a requirement for that accommodation to meet the Welsh Housing Quality Standard.”

See the explanatory statement for Amendment 39.

Government amendment 9.

Amendment 3, in clause 8, page 12, line 32, at end insert—

“(aa) a relevant department in the devolved administration in Scotland;”.

See explanatory statement for Amendment 1.

Amendment 41, in clause 8, page 13, line 9, at end insert—

“and

(e) in relation to accommodation provided to service people in Scotland, a requirement for that accommodation to meet the Scottish Housing Quality Standard.”

See the explanatory statement for Amendment 39.

Government amendment 10.

Amendment 4, in clause 8, page 14, line 4, at end insert—

“(aa) a relevant department in the devolved administration in Northern Ireland;”.

See the explanatory statement for Amendment 1.

Government amendments 11 and 12.

Amendment 42, in clause 8, page 14, line 27, at end insert—

“and

(d) in relation to accommodation provided to service people in Northern Ireland, a requirement for that accommodation to meet the Decent Homes standard for Northern Ireland.”

See the explanatory statement for Amendment 39.

Government amendments 13 to 15.

Amendment 6, in clause 8, page 18, line 7, at end insert—

“343AG Section 343AF: report

The Secretary of State must lay a report before each House of Parliament no later than three months after the day on which this Act is passed on how the powers in section 343F (Sections 343AA to 343AD: power to add bodies and functions) will work in practice.”

This amendment would require the Secretary of State to set out how powers in the Bill could be used to widen its scope to address all matters of potential disadvantage for service personnel under the Armed Forces Covenant including employment, pensions, compensation, social care, criminal justice and immigration.

Clauses 8 and 9 stand part.

Government amendments 16 to 23.

Clauses 10 to 13 stand part.

Government amendments 24 to 30.

Clauses 14 to 26 stand part.

New clause 1—Waived fees for indefinite leave to remain for serving or discharged member of the UK armed forces—

“(1) The Immigration Act 2014 is amended as follows.

(2) In section 68, after (11) insert—

‘(12) No fees may be charged in respect of a serving or previously serving member of the UK armed forces, or their family members, applying for indefinite leave to remain under Appendix Armed Forces of the Immigration Rules.’”

This new clause would amend the Immigration Act 2014 to waive the fee for indefinite leave to remain applications for any current or previously serving Members of the UK Armed forces, and their families.

New Clause 2—Duty of care to service personnel—

“(1) The Secretary of State must establish a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations, as defined in section 1(6) of the Overseas Operations (Service Personnel and Veterans Act 2021.

(2) The Secretary of State must lay a copy of the duty of care standard under subsection (1) before Parliament within six months of the date on which this Act is passed.

(3) The Secretary of State must thereafter in each calendar year—

(a) prepare a duty of care update, and

(b) include the duty of care update in the Armed Forces Covenant annual report when it is laid before Parliament.

(4) The duty of care update is a review about the continuous process and improvement to meet the duty of care standard established in subsection (1), in particular in relation to incidents arising from overseas operations of—

(a) litigation and investigations brought against service personnel for allegations of criminal misconduct and wrongdoing;

(b) civil litigation brought by service personnel against the Ministry of Defence for negligence and personal injury;

(c) judicial reviews and inquiries into allegations of misconduct by service personnel; and

(d) such other related fields as the Secretary of State may determine.

(5) In preparing a duty of care update the Secretary of State must have regard to, and publish relevant data in relation to (in respect of overseas operations)—

(a) the adequacy of legal, welfare and mental health support services provided to service personnel who are accused of crimes;

(b) complaints made by service personnel or their legal representation when in the process of bringing or attempting to bring civil claims against the Ministry of Defence for negligence and personal injury;

(c) complaints made by service personnel or their legal representation when in the process of investigation or litigation for an accusation of misconduct: and

(d) meeting national standards of care and safeguarding for families of service personnel, where relevant.

(6) In subsection (1) “service personnel” means—

(a) members of the regular forces and the reserve forces;

(b) members of British overseas territory forces who are subject to service law;

(c) former members of any of Her Majesty’s forces who are ordinarily resident in the United Kingdom; and

(d) where relevant, family members of any person meeting the definition within paragraph (a), (b) or (c).

(7) In subsection (1) “duty of care” means both the legal and moral obligation of the Ministry of Defence to ensure the wellbeing of service personnel.

(8) None of the provisions of this section may be used to alter the principle of combat immunity.”

This new clause will require the Secretary of State to establish a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations.

New clause 4—Report on dismissals and forced resignations for reasons of sexual orientation or gender identity—

“(1) The Secretary of State must lay before Parliament a report on the number of people who have been dismissed or forced to resign from the Armed Forces due to their sexual orientation or gender identity.

(2) The report under subsection (1) must include cases where—

(a) there is formal documentation citing sexuality as the reason for their dismissal; or

(b) there is evidence of sexuality or gender identity being a reason for their dismissal, though another reason is cited in formal documentation.

(3) The report under subsection (1) must include recommendations of the sort of compensation which may be appropriate, including but not limited to—

(a) the restoration of ranks;

(b) pensions; and

(c) other forms of financial compensation.

(4) The report must include a review of the cases of those service personnel who as a result of their sexuality have criminal convictions for sex offences and/or who are on the Sex Offenders Register.

(5) The report must include discharges and forced resignations back to at least 1955.

(6) The first report under subsection (1) must be laid no later than 6 months after the day on which this Act is passed.

(7) The Secretary of State may make further reports under subsection (1) from time to time.

(8) In this section, “sexuality or gender identity” includes perceived or self-identified sexuality or gender identity.”

This new clause requires the Government to conduct a comprehensive review of the number of people who were dismissed or forced to resign from the Armed Forces due to their sexuality and to make recommendations on appropriate forms of compensation.

New clause 6—Duty of care for alcohol, drugs and gambling disorders—

“(1) The Armed Forces Act 2006 is amended as follows.

(2) After section 20(2)(d) insert—

‘(e) the person is dependent on, or has a propensity to misuse, alcohol or drugs.’

(3) After section 20(3) insert—

‘(3A) The Secretary of State has a duty of care to offer a specific pathway for support and treatment for current and previously serving service personnel who experience—

(a) a propensity to misuse, alcohol and drugs,

(b) alcohol or drug dependency, and

(c) gambling disorder.

(3B) The Secretary of State must include in the annual Armed Forces Covenant report—

(a) the number of people accessing treatment and support as set out in section (1), and

(b) the current provisions for rehabilitation facilities for Armed Forces personnel who are experiencing a propensity to misuse or have a dependency on alcohol, drugs and gambling.’”

New clause 7—Indefinite leave to remain payments by Commonwealth and Gurkha

members of armed forces—

“(1) The Immigration Act 2014 is amended as follows.

(2) In section 68 (10), after ‘regulations’ insert “must make exceptions in respect of any person with citizenship of a Commonwealth country (other than the United Kingdom) who has served at least four years in the UK armed forces, or in respect of any person who has served at least four years in the Brigade of Gurkhas, such exceptions to include capping the fee for any such person applying for indefinite leave to remain at no more than the actual administrative cost of processing that application, and”

This new clause will ensure that Commonwealth and Gurkha veterans applying for Indefinite Leave to Remain following four years of service will only pay the unit cost of an application.

New clause 8—Armed Forces Federation—

“(1) The Armed Forces Act 2006 is amended as follows.

(2) After section 333, insert—

‘333A Armed Forces Federation

(1) There shall be an Armed Forces Federation for the United Kingdom for the purpose of representing members of the Armed Forces in the United Kingdom in all matters affecting their welfare, remuneration and efficiency, except for—

(a) questions of promotion affecting individuals, and

(b) (subject to subsection (2)) questions of discipline affecting individuals.

(2) The Armed Forces Federation may represent a member of the Armed Forces at any proceedings or on an appeal from any such proceedings.

(3) The Armed Forces Federation shall act through local and central representative bodies.

(4) This section applies to reservists of the Armed Forces as it applies to members of the Armed Forces, and references to the Armed Forces shall be construed accordingly.

333B Regulations for the Armed Forces Federation

(1) The Secretary of State may by regulations—

(a) prescribe the constitution and proceedings of the Armed Forces Federation, or

(b) authorise the Federation to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision—

(a) with respect to the membership of the Federation;

(b) with respect to the raising of funds by the Federation by voluntary subscription and the use and management of funds derived from such subscriptions;

(c) with respect to the manner in which representations may be made by committees or bodies of the Federation to officers of the Armed Forces and the Secretary of State; and

(d) for the payment by the Secretary of State of expenses incurred in connection with the Federation and for the use by the Federation of premises provided by local Armed Forces bodies for Armed Forces purposes.

(3) Regulations under this section may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federation.

(4) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) This section applies to reservists of the Armed Forces as it applies to

members of the Armed Forces.’”

This new clause would create a representative body for the Armed Forces, akin to the Police Federation, which would represent their members in matters such as welfare, pay and efficiency.

New clause 9—Investigation of allegations related to overseas operations—

“(1) In deciding whether to commence criminal proceedings for allegations against a member of Her Majesty’s Forces arising out of overseas operations, the relevant prosecutor must take into account whether the investigation has been timely and comprehensively conducted.

(2) Where an investigator of allegations arising out of overseas operations is satisfied that there is sufficient evidence of criminal conduct to continue the investigation, the investigator must within 21 days refer the investigation to the Service Prosecuting Authority with any initial findings and accompanying case papers.

(3) An investigation may not proceed after the period of 6 months beginning with the day on which the allegation was first reported without the reference required in subsection (2).

(4) On receiving a referral under subsection (2), the Service Prosecuting Authority must either—

(a) order the investigation to cease if it considers it unlikely that charges will be brought, or

(b) give appropriate advice and directions to the investigator about avenues of inquiry to pursue and not pursue, including—

(i) possible defendants to consider,

(ii) possible explanations to consider for the circumstances giving rise to the investigation, and

(iii) overseas inquiries and seeking the help of overseas jurisdictions.

(5) Where the investigation proceeds, the Service Prosecuting Authority must monitor and review its progress at intervals of three months and must on each review make a decision in the terms set out in subsection (4).

(6) On the conclusion of the investigation, the investigator must send a final report with accompanying case papers to the Service Prosecuting Authority for the consideration of criminal proceedings.

(7) After receipt of the final report, the facts and circumstances of the allegations may not be further investigated or reinvestigated without the direction of the Director of Service Prosecutions acting on the ground that there is new compelling evidence or information which might—

(a) materially affect the previous decision, and

(b) lead to a charge being made.

(8) The Judge Advocate General may give Practice Directions as he or she deems appropriate for the investigation of allegations arising out of overseas operations.

(9) For the purposes of this section—

‘case papers’ includes summaries of interviews or other accounts given by the suspect, previous convictions and disciplinary record, available witness statements, scenes of crime photographs, CCTV recordings, medical and forensic science reports;

‘investigator’ means a member of the service police or a civil police force.”

That schedule 1 be the First schedule to the Bill.

That schedule 2 be the Second schedule to the Bill.

Government amendments 31 to 38.

That schedule 3 be the Third schedule to the Bill.

That schedule 4 be the Fourth schedule to the Bill.

That schedule 5 be the Fifth schedule to the Bill.

[The Minister for Defence People and Veterans (Leo Docherty)]

It is a privilege to speak to the Armed Forces Bill before a Committee of the whole House. Indeed, it is fitting that the Bill should come before the Committee during Armed Forces Week, when we celebrate and commemorate Her Majesty’s armed forces.

Before speaking to the Bill, I want to express my gratitude to the members of the Select Committee on the Armed Forces Bill, some of whom are here today, and to thank them for their rigorous and professional approach to the work of that Committee. I commend their published report.

In simple terms, the Bill’s primary purpose is to renew the Armed Forces Act 2006—

Armed Forces Bill

Baroness Laing of Elderslie Excerpts

Consideration of Lords amendments
Monday 6th December 2021 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. We do not have very long left, so I am hoping that Members will take only five minutes in order to allow everybody to say something.

[Sir Robert Neill]

May I make a few very short points to amplify those things that I mentioned in the course of interventions?

Overall, this is a very good Bill. I respect and entirely accept the good intentions of Ministers in that regard, which is why I am saddened that, in relation to Lords amendment 1 in particular, we are in danger of undoing some of the good. We are in danger of damaging the reputation of a good Bill by what appears to be a degree of stubbornness. I do not blame the Minister personally for that; he has been most generous in his interventions. None the less, taking on board the evidence of the Lyons review and also of Sir Richard Henriques, lawyers whom I respect very greatly indeed, I cannot help but feel that the Government have failed to achieve a compromise that ought more readily to be available. I urge them to consider that in the time between the Bill’s leaving this House, if they have a majority tonight, and its going back to the other place.

For example, let us look at Lords amendment 1 in particular. It is pretty clear that, with the best will in the world, the service prosecution system, precisely because of the small numbers that go through it, will struggle ever to have the level of expertise required to deal with what in the civilian world would be regarded as RASSO—rape and serious sexual offences—cases. The CPS has specialist Crown prosecutors and specialist counsel. Cases are tried by ticketed circuit or High Court judges, who are specifically authorised to try cases of such gravity, where particular sensitivity is required with witnesses. The criminal procedure rules have a host of safeguards—both before and in the course of a trial—to ensure that complainants in the system are treated with the sensitivity that the nature of such a case should involve.

It might have been easier to sustain the position on Lords amendment 1 if we were simply talking in terms of murder and manslaughter, but even that would be stretching it. The inclusion of the rape and serious sexual offences element seems needless and not really supported by the evidence. The Henriques argument will be stronger on the murder/manslaughter point, if there be any. I hope that Ministers will think about that again before the Bill goes back to the other place.

As we update criminal procedure—reference has already been made to section 28 and pre-recorded cross-examination —all those things require advocates on the prosecution side, investigators on the prosecution side, advocates on the defence side and tribunals highly experienced in these matters, and swift and prompt listing. I take the Minister’s point about concerns with delay, postings and so on, but in truth those issues apply in the civil courts as well. The answer is to have those cases expedited, rather than to take them out of the system; I hope that he will think about that.

My hon. Friend the Member for North Dorset (Simon Hoare) made an interesting observation about the jurisdictional position in relation to the Attorney General. I accept that that is a novel point, and perhaps it has some force that we have not debated enough. The answer, surely, rather than reject this amendment out of hand, is to seek a compromise, perhaps beefing up the protocol, in which the Director of Public Prosecutions has, in effect, a determinative role. Perhaps we could look at that as a model, rather than putting a Law Officer of the Crown into that unusual jurisdictional position. That ought to be done between now and the Bill’s return to the other place. I urge Ministers to think again on those important issues.

Let me turn to Lords amendment 2. I would hope that we could at least have a commitment that if the noble Lord Mackay’s amendment is not the vehicle through which to do it, the Government have a means of putting into law—either through this Bill or elsewhere—a commitment in law, as well as morally and ethically, towards the covenant. We all know that we all do have that commitment, but it would be a shame again to spoil the ship for a ha’p’orth of tar. I hope that Ministers will reflect on that.

I have had no involvement with the Bill before. I look at it simply as someone who has spent the whole of his life in the criminal justice system, both prosecuting and defending, including in courts martial as well as in civilian courts. I hope that those suggestions are constructive and might help us to find a way forward that can make an excellent Bill—one that leaves both Houses with a greater degree of consensus than we currently have on two difficult points.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Four minutes each. I call Matt Rodda.

[Matt Rodda (Reading East) (Lab)]

It is an honour to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill).

We have covered a wide range of welfare issues tonight. I want to highlight one in particular, which has great resonance in my constituency of Reading East and, I believe, in the Minister’s constituency of Aldershot: the case of Gurkha soldiers who retired before 1997. As many Members will know, the Gurkhas have served our country with distinction over more than 200 years. However, soldiers who retired before 1997 receive very modest pensions—far smaller than those of other British soldiers. Many veterans live in my constituency and manage to exist on a very small income in a high-cost part of the country, and that experience is common across parts of west London, Hampshire and other areas close to their regimental base in north Hampshire.

This unfair treatment has led to a determined campaign by both Gurkha veterans and other former British soldiers to make good this wrong. Sadly, in the last few months this led to a number of Gurkhas going on hunger strike. I visited the hunger strikers as they took their action outside No. 10, which was a very moving experience. I pay tribute to them, and to the others who have supported their campaign. I appreciate that the Minister, and indeed the Secretary of State, have now intervened and responded to the Gurkhas’ concerns and that they are about to have discussions with the Government of Nepal. I welcome that. I support the Minister’s work on this and look forward to a better outcome. However, I remind him that this issue has been dragging on for some time—some years, indeed—and for many of the families involved this is a very difficult time. Prices are rising. Many families are living on very modest incomes, as I said, often in relatively high-cost-of-living parts of the country, and we should be doing so much more for them. They are a wonderful part of our armed forces and have given such great and noble service to this country.