Armed Forces Bill

James Cartlidge Excerpts

Committee of the whole House
Tuesday 2nd June 2026 Commons Chamber

[Al Carns]

I commend that fantastic question. Yes, I have seen the defence investment plan. Importantly, we are primarily focused on learning the lessons from Ukraine and acting upon them—something that the last Government failed to do at the right scale, hence why I left the military.

New clauses 1 and 6 seek to exempt members of the reserve forces deployed on operations from the ECHR, and would require any future Secretary of State to consider whether to make a derogation under article 15. The UK has binding international obligations under the ECHR, including in limited extraterritorial circumstances where we exercise control over individuals or areas. Those obligations have implications for the way UK forces, including reserve forces, conduct UK operations. I will not shy away from the fact that we hold our armed forces to the very highest legal standards, and time and again they deliver.

New clause 1 seeks to change domestic law, but it would not remove our international obligations. The UK cannot opt out on a case-by-case basis; doing so would simply shift cases to Strasbourg. New clause 6 is also unnecessary as the Secretary of State can already derogate under article 15 of the ECHR. I will read that again: new clause 6 is also unnecessary as the Secretary of State can already derogate under article 15 of the ECHR, meaning that the provision does not provide them with any additional powers. I do not want to be in the same club as Belarus or Russia.

[James Cartlidge (South Suffolk) (Con)]

Ukraine has derogated from the ECHR. Does that put it in the same bracket as Belarus and Russia?

[Al Carns]

I remind Conservative Members that clause 12 of the Overseas Operations (Service Personnel and Veterans) Bill, introduced by the previous Government, would have required any future Secretary of State to consider whether to make a derogation under article 15 in relation to significant overseas operations. The previous Government removed elements of clause 12 during the Bill’s final stages, because concerns were raised that the provision risked damaging the UK’s reputation for upholding the rule of law and being committed to human rights. It was the previous Government who did that. Clause 12 was also seen as unnecessary in that the Government can already derogate under article 15 of the ECHR, meaning that the provision did not add any additional legal powers.

New clause 3 seeks to place a requirement on the Secretary of State to appoint a national veterans commissioner for England, and it sets out the functions for the proposed office holder. I acknowledge the sentiment behind the new clause, which is to ensure that those who have served receive the recognition and support they deserve. The Veterans Commissioners for Scotland, Northern Ireland and Wales are not statutory offices, so such a role would not in itself require legislation. We are putting in place the Valour programme, which will first look at digital. There will be a Valour lead and a digital headquarters, and there will then be Valour officers and centres. Once that is in place, we will need to consider whether we need a veterans commissioner for England, how that docks into the Valour programme, and how it docks into the Veterans Commissioners in Northern Ireland, Wales and Scotland. We will update the House in due course once that is in place.