Armed Forces Bill

Debate between James MacCleary and Luke Akehurst

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

[James MacCleary]

I understand exactly what the right hon. and gallant Member is saying, but failures in the civilian justice system—which, as he rightly observes, has a big backlog of cases—should not be a reason for reducing people’s confidence about coming forward with complaints. We know from the continuous attitude survey, to which he has referred, 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. It would encourage more people to come forward if they knew that the complaint would be dealt with in the civilian system. The amendments I have spoken to do not unpick the Bill, nor do they reverse its intentions.

[Luke Akehurst (North Durham) (Lab)]

So that I can understand, could the hon. Gentleman explain slightly more carefully why he is proposing to remove the choice that the victim has? They can say which of the two systems—the service justice system or the civilian justice system—they have more confidence in. Why would it be better for the victim if that choice were removed, and they had to go down the civilian justice system route?

[James MacCleary]

As I am sure the hon. Member is aware, this was a recommendation of the Atherton report, and there was good reason for it. That inquiry took a lot of evidence on this subject, and the view was that this change would increase confidence. Serving personnel bringing complaints against senior officers may feel pressure to keep their complaint within the service, and so may not receive the justice they need. We have looked at the findings of the Atherton report and agree with them, so we have included that recommendation in the amendments that we tabled to the Bill.

We ask the Government to go one step further and convert general commitments into specific duties, and provide the structures, standards and oversight that will determine whether those duties are genuinely met. Our armed forces are held to the highest standards in everything they do; it is not unreasonable to expect the same of the legislation that governs how we treat them. I hope that the Government and this Committee will take these amendments in the constructive spirit in which they are meant, and will support them.