Armed Forces Bill

Jim Shannon Excerpts

Ping Pong: House of Commons
Wednesday 11th May 2016 Commons Chamber

[Toby Perkins (Chesterfield) (Lab)]

I thank the Minister for updating the House on the impressive medal haul for our Invictus games team: long may their successes continue.

Like the Minister, I do not intend to detain the House unduly, as there is considerable consensus in this area, but I want briefly to record our support for the Lords amendments to the Armed Forces Bill. It is always pleasing and reassuring when we reach consensus not only on both sides of this House, but with the other place, particularly when dealing with such important matters as the welfare of our armed forces personnel. The safety and security of our nation rely on the commitment, courage and patriotism of our armed forces personnel. We owe them a considerable debt of gratitude. It is only right that we continue to update the law to ensure that we protect their safety, security and well-being, as we look to them to protect our own.

We are therefore pleased to support Lords amendments 1 and 2. The amendments are technical in nature and will limit the regulation-making powers in new sections 304D and 304E of the 2006 Act in respect of the recognition of assistance by courts martial in sentencing, which the Minister went into in a little more detail.

We welcome the commitments that the Government made on Report to publish data relating to sexual assault in the armed forces in a clear format; conduct an independent review into the implications of, and potential benefits of, the removal of commanding officer discretion to investigate sexual assault; and review the compensation levels paid to injured service personnel, particularly the most seriously injured and those who suffer mental ill health. Although the Opposition originally called for those measures to be included in the Bill, we are very pleased that the Government are prepared to make the concessions outside the statutory framework. I commend my colleagues in the other place, particularly the noble Lords Touhig and Tunnicliffe, for continuing to push for those concessions.

We are therefore pleased to support the Lords amendments.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her speech today on the conclusion of our consideration of the Bill. I thank her for the leadership she has provided and thank all those who have supported the Bill. We very much appreciate the House’s commitment and dedication to our soldiers, sailors and airmen.

I will make one quick point and do not intend to delay the House. It is gratifying to see that the centrality of the role of the commanding officer is still recognised in the Bill. That they are being offered assistance and legal clarification through the Lords amendments should be welcomed by everyone in this House. However, we must never lose sight of the fact the relationship between soldiers, sailors and airmen and their commanding officers must remain sacrosanct and must not be eroded by litigious shifts towards independent judicial oversight. I appreciate that the Minister has included that in her amendments.

We must continue to trust the men and women who are in command of their units in peacetime and on operations. That lies at the heart of the bond between them and the service personnel under their command, whether aboard their ships, in their regiments or on their air stations. We tinker with that at our peril. I thank the Minister for her commitment.

[Kirsten Oswald (East Renfrewshire) (SNP)]

I join the Minister in congratulating those who are participating in the Invictus games.

The SNP has a strong focus on supporting the work of the service personnel who make up our armed forces. We have made constructive and positive progress in Committee and in the Chamber. It is important that we use every available opportunity to examine and assess both the structures and the outcomes for members of our armed services.

We were pleased about the Government’s concession in the other place last month, when they agreed to a review to consider removing the discretion of the commanding officer to investigate allegations of sexual assault. The accuser and the accused would both benefit from any added transparency in such challenging situations.

The SNP supports Lords amendment 1. There was significant discussion in Committee about the most appropriate way to modernise the mechanics that lie behind the matters that are dealt with in clause 10, namely the review of a sentence following an offer of assistance. A person who has been sentenced by court martial may have their sentence reviewed to take account of assistance they have given or offered. The reviewing court may reduce the sentence in return for the offer of assistance. Additionally, subsection (8) allows a person whose sentence is reviewed to appeal against a court martial decision. The director of service prosecutions may also appeal against the decision. It is appropriate that fairness, transparency and good practice are central to service discipline proposals. Clause 10 appears to be a positive move in that regard.

In addition, we support Lords amendment 2, which relates to the provision that allows a sentence to be reviewed to take account of the failure by a person who has been sentenced to give the assistance that they had offered to an investigator or prosecutor in return for a discounted sentence. Again, clause 11 reflects the importance of additional transparency and clarity for service personnel, which we welcome.

We have a duty of care to our service personnel under the armed forces covenant, so it is vital that all measures relating to service justice are dealt with in terms of continual improvement, fairness and transparency. In relation to transparency and positive progress, it is worth noting that the SNP supports the Government’s promise that statistics on sexual assault and rape will be published before the summer recess. That is a topic to which I have returned several times in Committee and in the Chamber. It is vital that the statistics are published regularly in a consistent format and that the reporting includes all appropriate metrics, so that there is an opportunity to scrutinise the information properly and assess progress. If we do not have the regular opportunity to examine these statistics fully and consistently, many of the fine words spoken in this place are in the end simply words. I am encouraged that the publication of these statistics suggests that we appear to be making a positive step in the right direction towards greater transparency in service justice.

Lords amendment 1 agreed to, with Commons financial privileges waived.

Lords amendment 2 agreed to, with Commons financial privileges waived.

Sittings of the house (today)

Ordered,

That, at today’s sitting, the Speaker shall not adjourn the House until any message from the Lords has been received and any Committee to draw up Reasons which has been appointed at that sitting has reported.—(Dr Thérèse Coffey.)