Armed Forces Commissioner Bill (Second sitting)

Debate between Helen Maguire and Pam Cox

Committee stage
Tuesday 10th December 2024 Public Bill Committees

[Pam Cox]

Q I have one brief follow-up. I note your comments about refreshing the contract between the nation and those who serve. Given that, why have you not included a duty for the MOD to respond to the commissioner’s reports?

Luke Pollard: I think I picked that up in my answer to my hon. Friend the Member for Dunfermline and Dollar. I am happy to have a look at what that could be like. It is not normal for it to be in every piece of legislation that we would respond to reports. The normal process within Government is that there would be a response. But I am happy to include my hon. Friend in the conversations I am having to try to work out whether it is a requirement to add that to primary legislation, or whether a commitment to respond, as would normally be the case, would be sufficient to address those concerns. I am happy to have a conversation.

[Helen Maguire]

Q We would all like to see a strong and independent commissioner—a real champion for the armed forces. What certainty can we gain that the Secretary of State’s powers, as set out in the Bill, will not undermine the commissioner’s independence?

Luke Pollard: We have deliberately drawn the powers to be quite limited. The Secretary of State can restrict access only on national security grounds or where there would be a danger to a person. The example that might work there is visiting the frontline during combat operations. There would clearly be a danger to our people if there were to be a formal visit, and there would probably be a danger to the commissioner in that situation. That gives a prudent safeguard power.

We have deliberately tried to separate the powers that might normally exist for the Secretary of State from this role so that there is more independence for the commissioner. By establishing a novel route to Parliament, we have also provided Parliament with greater ability to raise any concerns. If the commissioner encounters any difficulties with interactions with the Ministry of Defence or other providers of services for our people, they are able to raise that in their reports. Those are then given to Parliament to be able to independently scrutinise, separate from the MOD.

What we have tried to do is to separate those functions out. I think we have succeeded in doing that in the Bill. The style of how that will happen in practice will depend on the person appointed to the office and how that office is established. However the principle of impartiality and independence from the Ministry of Defence—and, importantly, from the single services—is at the heart of this legislation. The legislation is designed to build trust, so that people can go to the commissioner if they want to raise a concern.