Armed Forces Commissioner Bill

Judith Cummins Excerpts

2nd reading
Monday 18th November 2024 Commons Chamber

[John Healey]

I am grateful to the Select Committee’s Chair for intervening on this point. The legislation and what I propose reflects the current arrangements and practices in Parliament. I am keen that the Committee exercises the toughest pre-appointment scrutiny—we need to appoint somebody who can do the job as a fearless, independent champion—and I will certainly listen closely to and take close note of the Committee’s views in any pre-appointment hearing.

The Bill also provides for the commissioner to absorb the existing powers of the Service Complaints Ombudsman. Of course, the ombudsman’s role is too narrow: it is entirely reactive, it can consider formal individual grievances only after the service complaints system has been completed, and then it can judge only whether that process has been reasonable. I expect that the Armed Forces Commissioner will challenge us to do better in the service complaints system and widely across service life. I expect that the commissioner will develop strong views on improving the service complaints system, and I believe that the future Armed Forces Bill will offer us the right opportunity for that, should primary legislation be required.

This is landmark legislation to establish an independent Armed Forces Commissioner with the mission to improve service life. There will be, for the first time, a champion for our armed forces; for the first time, a champion for forces families; and for the first time, a champion with serious powers to access every part of service life, who will report in public to Parliament. I commend the Bill to the House.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Secretary of State.

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[James Cartlidge]

That is an excellent point. I pay tribute to those sorts of schools and how they share in society’s commitment to our armed forces. It has been Labour policy since the 2017 general election—seven and a half years ago—to introduce VAT on school fees. Families who have personnel serving abroad this Christmas will have just December to deal with whatever those new fees mean for them. That is a shockingly short amount of notice.

On pay, we agree that those who serve their country must be appropriately rewarded, which is why in 2023 we announced a core armed forces pay rise of 5%, plus a further consolidated increase of £1,000, equating to a rise of approximately 9.7% for the most junior ranks, and including a freeze in food charges. Alongside pay, accommodation is an important part of the offer from the MOD. We all accept that much more needs to be done, and presumably that will form a key focus for the commissioner. I stand by what I said in the Remembrance debate: the problem is the underlying structural nature of so much of the accommodation in the defence estate. For that reason, as a Minister I wanted to see us potentially buying back the defence estate in England and Wales from Annington, so that we could plan a full rebuild and regeneration of the estate—the long-term solution that I think the Veterans Minister referred to earlier. I hope the Government will take that work forward, but I appreciate that it is highly legally and commercially sensitive, and there is a limit to what they can say on that.

As for the short term, the lesson from our winter plan last year is that investment and a plan for the defence estate can still yield results. Early on as the Minister responsible for the estate, in 2023, I accepted that the previous winter we had let down service families, and with the backing of Ben Wallace and then Grant Shapps, we secured £400 million in the defence Command Paper refresh, and delivered a winter plan that saw thousands of homes treated for issues such as damp and mould. Complaints to contractors fell sharply between 2022 and winter 2023.

That brings me to the final critical point—funding. The new commissioner will almost certainly be assailed with accommodation cases, but any reports that he produces will inevitably form one conclusion: there is a need for more investment in the estate, at a time when there are many other competing priorities. The £400 million that we announced required us to make choices about spending, and to prioritise accommodation and the welfare of personnel over other pulls on funding. It is incredibly important that the Government commit to spending 2.5% of GDP on defence as soon as possible. The Secretary of State will inevitably say that the last time we reached 2.5% was in 2010. I could as easily say that the last time we reached 3% was in 1996. They were two points on a pathway of consistently falling spending since the cold war, because successive Governments believed, like many around the world, that we were in a more peaceful era. That is a statement of fact.

The point is that welfare in the military is about us as a nation and a Government saying to those who serve, “We have your back.” That is impossible without more funding, and that means setting a definitive date for getting to 2.5%. The Conservative party will always support the welfare of service personnel. That is why we will try to work constructively with the Government on the Bill. We will not be dividing the House this evening.

[Madam Deputy Speaker (Judith Cummins)]

I call the Chair of the Defence Committee.

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[Mr Dhesi]

I would never accuse my right hon. Friend of being a one-trick pony. He tempts me, but I would like to consider that point about veterans, reserve forces and so on in Committee and thereafter.

The German armed forces commissioner—the inspiration behind the Bill, as the Secretary of State highlighted—is entirely independent of the German Defence Ministry and armed forces, but that is not the case for the commissioner under the Bill. The Secretary of State will appoint and be able to dismiss. The Secretary of State will fund the commissioner and agree their staffing arrangements—I am very grateful to the Minister for his briefing this morning at the Ministry of Defence, at which I was able to highlight some of my initial concerns—and the Secretary of State will be able to constrain the exercise of the commissioner’s powers on broad grounds of national security and personal safety. So when Ministers describe the proposed Armed Forces Commissioner as independent, they must surely mean something else. Can my hon. Friend the Minister explain exactly what? And can he tell us why he has not decided to go further in ensuring the independence of the commissioner from his Department? Can he also explain how the commissioner’s resourcing requirements have been estimated, what the process would be if the commissioner asked for additional resources, and who would find out and how if the commissioner was denied resources they had requested?

The Bill arrives during a crisis in armed forces recruitment and retention, at a time when there are high levels of dissatisfaction with service life, and an unacceptable level of inappropriate behaviour in the armed forces. The Defence Committee will be delving into that in greater detail. The Bill cannot solve those challenges on its own. It would be helpful to hear from the Minister exactly where the Bill sits within a coherent strategy and a set of broader measures, so that the House can consider the Bill in context.

Expectations of the new Armed Forces Commissioner will be high. They will need to be a strong character, with the best interests of the armed forces in mind. They will need to be prepared for questions and challenge, but also to understand, win support, and change hearts and minds. Their success will likely ultimately depend on the support and trust of the armed forces, including the chain of command. What kind of person do the Government imagine filling the role? How, if at all, will the key requirements of the role differ from those for the Service Complaints Ombudsman?

I appreciate that I have asked a lot of questions of the Minister, but he is a very capable individual and he has been taking copious notes. No doubt he will be able to answer all my questions in his speech. My Defence Committee colleagues and I warmly welcome the Government’s intention of allowing the Committee to conduct a non-binding pre-appointment hearing with the Secretary of State’s preferred candidate for the role. As the Secretary of State highlighted, that is in line with practice for the appointment of the Service Complaints Ombudsman. The Defence Committee has always offered both support and scrutiny to the ombudsman, and we look forward to working closely with the new commissioner. They will, I hope, become a regular witness before the Committee. I hope that the Government will ensure the smoothest possible transition between the two roles.

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.

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[Dave Doogan]

Yes. What’s not to like? I am very happy to support that.

I have two questions that I hope the Minister will address in his summing up. Will the commissioner have the power to investigate the challenges faced by serving personnel within the nuclear enterprise, or will personnel in this service have to continue to suffer in secret?

Scotland, as usual, is out in front with our veterans commissioner, so what learnings will the UK commissioner for serving personnel be able to take from their Scottish counterpart? How does the Minister envisage the commissioners working together? Moreover, given that Wales and Northern Ireland also have veterans commissioners, and that the commissioner proposed by the Bill will not have responsibility for veterans across the United Kingdom, what is the timeframe for veterans in England to enjoy the same benefits as those in Scotland, Wales and Northern Ireland?

[Madam Deputy Speaker (Judith Cummins)]

I call Alison Hume to make her maiden speech.