Armed Forces Bill (Seventh sitting)

Ian Roome Excerpts

Select Committee stage
Thursday 16th April 2026 Public Bill Committees

[Al Carns]

It may seem unusual that the Armed Forces Act 2006 extends directly to each of the British overseas territories, except for Gibraltar. However, there is a reason for that. The Act originally extended to all the British overseas territories, but it ceased to extend to the British overseas territories in 2011 as a result of a drafting error when it was renewed for the first time by the Armed Forces Act 2011. The Armed Forces Act 2016 corrected the error by extending the 2006 Act to the British overseas territories. Gibraltar was not included because it had instead asked to deal with armed forces matters using legislation passed by the Gibraltar Parliament—the Armed Forces (Gibraltar) Act 2018.

Question put and agreed to.

Clause 50 accordingly ordered to stand part of the Bill.

Clauses 51 to 55 ordered to stand part of the Bill.

New Clause 2

Veterans’ Mental Health Oversight Officer

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

(2) After section 343C (Establishment and functions of veterans advisory and pensions committees) insert—

‘343CA Establishment and functions of a Veterans’ Mental Health Oversight Officer

(1) The Secretary of State must appoint a person to be the Veterans’ Mental Health Oversight Officer.

(2) The general function of the Officer is to oversee the mental health care and treatment provided to veterans by the health bodies specified in section 343AZB.

(3) In exercising their function, the Officer must, in particular, monitor and assess the extent to which health bodies are complying with the duty imposed by section 343AZA (Duty to have due regard to the covenant) in relation to the mental health and well-being of veterans.

(4) The Officer may require a health body to provide such information as the Officer considers reasonably necessary to discharge their functions under this section.

(5) The Officer must prepare an annual report on the exercise of their functions and the general state of veterans’ mental health care and treatment in the United Kingdom.

(6) The Secretary of State must lay a copy of the Officer’s annual report before each House of Parliament.

(7) In this section, “veteran” means a person who has at any time been a service member.’”—(Ian Roome.)

This new clause establishes the statutory role of a Veterans’ Mental Health Oversight Officer.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Question negatived.

New Clause 3

Duty to provide medical records on discharge

“(1) This section applies where a person ceases to be a member of the regular forces or the reserve forces.

(2) The Secretary of State must by regulations make provision for a complete copy of the person’s service medical records is provided to the person no later than one month after the day on which the person is discharged or otherwise ceases to be a member of those forces.

(3) Those regulations may specify the manner and form in which service medical records are to be provided under this section, including provision for records to be transferred directly to a civilian health body with the person's consent.

(4) In this section—

‘health body’ has the same meaning as in section 343AZB;

‘service medical records’ means any records relating to the person’s physical or mental health care and treatment created or maintained by or on behalf of His Majesty's forces during the person's period of service.”—(Ian Roome.)

This new clause places a statutory duty on the Secretary of State to ensure that all service personnel leaving the military receive a complete copy of their medical records within one month of their discharge date.

Brought up, and read the First time.

[Ian Roome (North Devon) (LD)]

I beg to move, That the clause be read a Second time.

It is a pleasure to serve under your chairmanship, Mr Efford. New clause 3 would place a statutory duty on the Secretary of State to ensure that all service personnel leaving the military receive a complete copy of their medical records within one month of their discharge date. The one-month timeframe would create a hard deadline, and it would align the provision of records with their completing their registration with a GP. The new clause would apply in respect of all regular and reserve personnel and ensure that detailed medical records are made available after discharge, to both the individual and the relevant health body.

Under the new clause, the form those service medical records take would be specified, as is now common with data disclosure, to make health information transparent and accessible. The new clause would also create a formalised handover process for all physical and mental health records to a civilian health body, such as the NHS, as already defined in the Bill in proposed new section 343AZB of the Armed Forces Act 2006. Disclosure would happen with the person’s consent in a structured way, which would help to ensure better awareness of their service history during their future healthcare.

Lost medical records have been the focus of veterans’ campaigns, such as those launched by the UK nuclear test veterans, who say that decades-old records of blood and urine samples taken during the 1950s nuclear tests may have been actively withheld from service personnel to avoid liability over radiation-related illnesses. The new clause would recognise that a service career can be dangerous, so timely transfer of a copy of a person’s medical records at the end of their service should be standard procedure.

[Mr Francois]

The Opposition have some sympathy with what the hon. Member for North Devon is trying to achieve. There has historically been something of a cliff face. The medical requirements of a person serving in the armed forces are primarily attended to by Defence Medical Services; when that person leaves the armed forces and becomes a veteran, they transfer to the national health service. It is probably fair to say that in some cases there is a hiatus in medical information and records when that transfer takes place, and I am sure that it would be possible to improve it. Some GP practices have veterans champions and some practices automatically ask someone who signs on with them, “Are you a veteran?” Unsurprisingly, those practices tend to be better at making sure that medical records are passed on.

The hon. Member raised the specific case of the medical records of nuclear test veterans. I am not impugning the Minister, but I think the Ministry of Defence could try harder to ensure that those specific records are made more freely available.

On the more general point, we could do better at the transfer of records, particularly for those people who have suffered episodes of mental ill health, which are perhaps not immediately obvious. The vast majority of armed forces personnel leave military service in good shape, both physically and mentally, but I know from experience that for some veterans—the Minister has taken a real interest in this—there is, perhaps some years after they have left, what the professionals call a “trigger event”. Perhaps their father is diagnosed with a terminal illness with very few weeks to live and is then gone. That can suddenly bring out in the veteran all sorts of issues, perhaps relating to their service and operations. In those circumstances, unfortunately, people can spiral down very quickly; they might have trouble with their relationships, lose their job or become reliant on drink or drugs. In the worst cases, they might lose their home and end up in a dingy one-bedroom flat in the rough end of town—and in the worst of all cases, sometimes, they even take their own lives.

This is not in any way a partisan point. Governments of all colours have tried to work on the problem, as have charities such as Help for Heroes, the Royal British Legion and Veterans Aid—I think of everything that Hugh Milroy has done in this space—but we could do more. Being able to pass across medical records in a timely and accurate way when people leave would help in those circumstances, even though sometimes problems lie hidden, for want of a better phrase, and come out only some years later. For those reasons, I have a lot of sympathy with what the hon. Member for North Devon proposes.

--- Later in debate ---

[Al Carns]

I thank the hon. Member for North Devon for tabling new clause 3, which would require the provision of full medical records within one month to all personnel leaving the armed forces. The Ministry of Defence absolutely recognises the importance of facilitating the transfer of healthcare information to civilian healthcare providers quickly and efficiently when an individual leaves the armed forces.

In short, individual access to medical records is already legislated for under the Data Protection Act 2018, and we are rolling out a system that will transfer most records within a day. The Act allows service personnel to request their own military records, including healthcare records, through a subject access request. There is an expectation that records will be provided within 28 days, extended to three months for more complex cases.

Service personnel are advised to register with an NHS GP at their discharge medical, which takes place one to three months before discharge. On leaving the care of Defence Medical Services, service personnel are provided with a medical care summary and a form named FMed 133. They are advised to provide a copy of their FMed 133—a patient record access request—to their NHS GP.

The information provided to service personnel for their GP on discharge includes physical and mental health diagnoses, medication and allergies, significant past medical history, ongoing referrals and care plans, and details of significant occupational exposure with health implications. Handover discussions are had for complex cases.

When a patient’s full DMS health record is required, it is provided on request from the NHS GP. The FMed 133 provides details of how the NHS GP may request a patient’s full DMS health record. Preparing a patient’s full DMS health record for release to the individual or their GP requires clinical oversight, and compliance with data protection and security protocols must be ensured. Full DMS health records may require redaction of sensitive operational information, and their release must comply with the principles of the General Data Protection Regulation.

[Ian Roome]

The new clause would create a deadline and shorten the timeframe. The Minister has just said that some complicated cases can take up to three months, but it is probably those cases that need the urgency of a 28-day timeframe. I know that in future it may all go digital, but at the moment we cannot confirm that, and I get some really serious and difficult cases in my constituency casework. Does the Minister therefore agree that we really need to improve the timeframe to 28 days?

[Al Carns]

I agree that we need to improve the system, and I am not going to stand here and tell the Committee that it is foolproof. I have heard of many cases where health records have gone missing in the bridge between systems. That is why I want to highlight the new electronic health records system, which is already under contract and will allow the immediate electronic transfer of medical records from DMS to NHS GPs at the end of service.

Digitisation is the big issue here, alongside interoperability between Defence Medical Services systems and those in the NHS. The new system will allow the transfer of NHS records to defence on entry, and their sharing when required, which will have a big impact on recruitment, particularly in reducing the time between a person expressing an interest in joining and the moment they do so, where the transfer of medical records has been an issue in the past.

Records access and transfer can occur within a day, and the new system is planned to be live from December 2027. I hope that reassures the Committee that the new clause is not needed, and on that basis I ask the hon. Member for North Devon to withdraw it.

--- Later in debate ---

[Al Carns]

When the hon. Member for Exmouth and Exeter East left the military, I am sure he received his FMed 133. If he did, he will recognise that it contained information on physical and mental health diagnoses, medication, allergies, significant past medical history, and ongoing referrals and care plans, as well as detailing significant operational exposures with health implications.

[Ian Roome]

I wish to press new clause 3 to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

[David Reed]

I declare an interest: I am also a proud holder of a veterans railcard, as are many of my constituents.

The new clause is modest in scope. It does not create new schemes. Both HM forces railcards and the veterans railcard are already in place. The purpose of the new clause is simply to give a clear statutory basis to ensure that they continue to operate on a national footing with transparent eligibility criteria and proper parliamentary oversight before any future changes are made. That is not an onerous demand on the Government, as my right hon. Friend the Member for Rayleigh and Wickford has already laid out. It is a straightforward safeguard for those who the schemes are intended to support.

The Minister suggested that legislation is unnecessary because there is no intention to withdraw these railcards. However, having spoken to colleagues who were on the recent transport Bill, I know that similar questions were put to Ministers in that Committee. We have had no support, and this issue has ended up in my casework. Having spoken to other Members of Parliament who have veteran populations in their constituencies—

[Ian Roome]

I put it on record that I am a holder of a veterans railcard. Many of my constituents have veterans railcards and, with the cost of living crisis, they find it a great way to move about. Does the hon. Member agree that we really need to continue with the veterans railcard?

[David Reed]

The hon. Member has a Royal Marines base and a large veteran community in his constituency. This has been an issue, and I want it to be quashed as quickly as possible. If Ministers in the Department for Transport have not been able to confirm it, I really hope that the Minister in this Committee can stand up and say that there is no issue around these points and that the veterans railcard will continue to be in play. Hopefully, we can give it more support through the passage of this Bill so that it has a statutory footing.

Without a statutory foundation, Parliament would have no formal role in protecting the veterans railcard; that is the point I am raising. The position is hard to justify when set alongside other concessions in the rail system: discounts for younger passengers, older people and disabled travellers are already underpinned by legislation. The reasoning for that approach is clear and sensible. It is therefore difficult to see why the same principle should not apply to those who are serving, or have served, in the armed forces.

If the argument rests on trusted Ministers—I look across at the Minister and he is extremely trustful—that is not a standard applied consistently elsewhere, nor is it one that we should be asked to rely on. The new clause is carefully framed and constitutionally sound. It ensures that any future changes are subject to parliamentary scrutiny, which is exactly where decisions belong.