Armed Forces Bill Debate

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Department: Ministry of Defence
Amendment 12 seeks to tackle this issue more substantively by requiring that allegations of sexual offences and domestic abuse in the armed forces be referred to the civilian police, and that those offences would be prosecuted through the civilian justice system. It would allow, however, for the case to be referred back to the military police if the complainant chose that route instead. We know from the armed forces continuous attitude survey that the main reasons given by personnel for not making a written formal complaint continue to be not believing that anything will be done with the complaint and believing that it might adversely affect their career. By making it the default for these offences to be heard in the civilian system, while retaining freedom of choice for the complainant to have their case referred back to the services, the amendment would encourage more people to come forward if they knew the complaint could be dealt with in the completely independent civilian system.
Helen Maguire Portrait Helen Maguire (Epsom and Ewell) (LD)
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Does my hon. Friend agree that it would also be helpful if there was a specific requirement, written into the Bill, for the classification of domestic abuse offences? I refer to my new clause 24 on this very matter.

Calum Miller Portrait Calum Miller
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I thank my hon. and gallant Friend for her excellent point, and I endorse her advocacy for new clause 24. It would indeed have that beneficial effect, bringing the service justice system in line with that in the civilian courts.

The amendments I have spoken to do not seek to unravel the Bill, but rather to encourage the Government to go further. I hope the Minister will take these amendments in the constructive spirit in which they are meant and that the Government will support them.

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Louise Sandher-Jones Portrait The Minister for the Armed Forces (Louise Sandher-Jones)
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First, I want to take this opportunity to put on record my huge thanks to my right hon. Friend the Member for Rawmarsh and Conisbrough (John Healey) for his service as Secretary of State for Defence. He has been a stalwart champion of our armed forces, and I am especially grateful for his support for our service personnel and their families, driving forward improvements to pay, housing and childcare. His guiding light is, and has always been, to serve those who serve us. I would also like to take this opportunity to thank my hon. and gallant Friend the Member for Birmingham Selly Oak (Al Carns). He is a formidable operator, a passionate advocate for military modernisation and transformation, and not half-bad at pull-ups either. I hope to match his work on the former, although perhaps am unlikely to do so on the latter, and I look forward to working with both of these fine colleagues as we go forward.

I thank hon. and right hon. Members from across the House for their contributions to this debate. Given the number of amendments before us, many of which raise issues fully debated in Committee and on which the Government position remains unchanged, I do not intend to repeat those arguments, but I will focus on the new amendments and a number of the principal issues raised while relying on the record of earlier debates for the remainder.

Helen Maguire Portrait Helen Maguire
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I seek a quick clarification on something that has already been mentioned by the hon. Member for Truro and Falmouth (Jayne Kirkham) and was raised in Committee. Will the Minister confirm at the Dispatch Box, because this has been raised with me by the Surrey Military Support Group, that the term “local authority” refers to borough councils, unitary single foundation authorities and foundation strategic authorities?

Louise Sandher-Jones Portrait Louise Sandher-Jones
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To confirm, where the covenant duty is provided by local government, then it will apply. For example, if it provides housing, it applies. I hope that answers the hon. Lady’s question.

I will begin by speaking to the amendment in the Secretary of State’s name making minor and technical changes to the Military Lands Act 1892 that are consequential to the establishment of the reserve forces and cadets associations by clause 38 of the Bill.

New clause 4 would waive settlement visa fees for members of the armed forces and the dependants of serving or discharged members of the armed forces. I acknowledge the concerns raised by the hon. and gallant Member for Huntingdon (Ben Obese-Jecty) and recognise that the new clause has been significantly redrafted to reflect the points raised in previous debates, and I also recognise the important role that stakeholders such as the Royal British Legion have played in highlighting this important issue. The Government are committed to delivering the manifesto commitment in full. Work is actively under way across Government and we are determined to bring forward a solution that is clear and works for service personnel and their families.

It is important that we get this right, rather than legislate in a way that is partial or risk creating inconsistencies and, as in Committee, new clause 4 does not clearly achieve the stated aim. It is also important that immigration fee waivers continue to be provided for through the established framework in secondary legislation, rather than be fixed in primary legislation. I know how passionate the hon. and gallant Gentleman is about this issue, and he is right to demand speed and progress. I hope he will recognise that while primary legislation is not needed, our commitment—my commitment—is no less than his and I look forward to when we do deliver this important manifesto commitment.