Judith Cummins
Main Page: Judith Cummins (Labour - Bradford South)Department Debates - View all Judith Cummins's debates with the Ministry of Defence
(1 month, 1 week ago)
Commons ChamberI beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following:
New clause 2—Dual nationals serving in foreign armed forces: war crimes risk—
“(1) This section applies to a person (‘the individual’) who is—
(a) a British national or a person ordinarily resident in the United Kingdom, and
(b) a member of the armed forces of a foreign state.
(2) Where the Secretary of State has reasonable grounds to believe that the individual has participated in, ordered, or failed to prevent conduct that constitutes a war crime within the meaning of Article 8 of the Rome Statute, the Secretary of State may—
(a) refer the matter to the Attorney General for consideration of proceedings under the International Criminal Court Act 2001,
(b) direct that the individual’s British travel document be suspended pending investigation, subject to section 41C, and
(c) notify the International Criminal Court of the individual’s British nationality and last known address in the United Kingdom.
(3) A suspension of a travel document under section 41B(2)(b) must not exceed 90 days without renewal.
(4) The individual to whom section 41B applies must be—
(a) informed as soon as reasonably practicable of the grounds for any action taken under section 41B(2), and
(b) afforded a right of appeal to the Special Immigration Appeals Commission.
(5) The Secretary of State must issue statutory guidance to the armed forces, relevant intelligence agencies, and border authorities on—
(a) identification of British nationals serving in foreign armed forces,
(b) information-sharing arrangements with the International Criminal Court and relevant foreign jurisdictions, and
(c) the circumstances in which action under subsection (2) is appropriate.
(6) For the purposes of this section—
“British national” has the meaning given by section 50(1) of the British Nationality Act 1981;
“Rome Statute” means the Rome Statute of the International Criminal Court, opened for signature 17 July 1998 (2187 UNTS 90).
(7) Nothing in section 41B or this section limits the protections afforded to an individual under the Human Rights Act 1998.”
NC1 and NC2 ensure that the United Kingdom does not extend the immunities and privileges afforded to visiting forces under the Visiting Forces Act 1952 to forces from states whose commanders are subject to ICC proceedings, and creates a framework for referring dual nationals suspected of war crimes to prosecutorial authorities.
New clause 3—Veterans: housing and employment data duty—
“(1) The Secretary of State must, in each calendar year, collect and compile data on the following matters in respect of persons who have served as members of the regular forces (‘veterans’)—
(a) the number of veterans who are homeless or at risk of homelessness within the meaning of Part VII of the Housing Act 1996 and Part 2 of the Housing (Wales) Act 2014;
(b) the number of veterans who are unemployed and claiming Universal Credit or Jobseeker’s Allowance, disaggregated by—
(i) length of unemployment;
(ii) age and gender; and
(iii) service branch and rank on discharge;
(c) the number of veterans in contact with local authority housing or homelessness services;
(d) the number of veterans placed in temporary accommodation by a local authority;
(e) the number of veterans who have presented themselves as having suicidal ideation and those who have committed suicide;
(f) trends in the matters mentioned in paragraphs (a) to (e) over the preceding five years.
(2) For the purposes of collecting data under subsection (1), the Secretary of State—
(a) must request and receive data from the Secretary of State for Work and Pensions, the Secretary of State for Levelling Up, Housing and Communities, local authorities, and such other persons or bodies as the Secretary of State considers appropriate,
(b) may require local authorities in England to provide data as to veterans within their area who have approached them for housing assistance, and
(c) must consult Veterans UK and any other bodies the Secretary of State considers appropriate in designing the data collection methodology.
(3) The Secretary of State must, not later than 31 March in each year, lay before Parliament a report setting out—
(a) the data compiled under subsection (1) for the preceding calendar year;
(b) a comparison with data from the two preceding calendar years;
(c) the steps taken or proposed to be taken by the Secretary of State, or by public authorities subject to the duty in section 343AZA of the Armed Forces Act 2006 (as amended by section 2 of this Act), to reduce rates of homelessness and unemployment among veterans; and
(d) an assessment of whether those steps have been effective.
(4) The report under subsection (3) must include, in respect of veterans who have left the regular forces within the preceding three years—
(a) the proportion who entered employment within three months of discharge;
(b) the proportion who were provided resettlement support under a scheme administered by the Ministry of Defence; and
(c) the proportion who were provided with suitable accommodation within one month of discharge.
(5) The Secretary of State must make arrangements for a person independent of the Ministry of Defence to review, and report to Parliament on, the methodology and reliability of data collected under this section at least once every three years.
(6) In this section—
“homeless or at risk of homelessness” is to be construed in accordance with sections 175 to 177 of the Housing Act 1996;
“regular forces” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act);
“veteran” means a person who has served as a member of the regular forces for a period of not less than one day and who is no longer serving as such a member.”
This new clause imposes a statutory duty on the Secretary of State to collect, compile, and annually report to Parliament data on rates of veteran homelessness, suicide and unemployment, including trends, actions taken and their effectiveness.
New clause 4—Waived fees for indefinite leave to remain for spouses or children of serving or discharged members of the armed forces who have served for four or more years—
“(1) The Immigration and Nationality (Fees) Regulations 2018 is amended as follows.
(2) In Table 9 (fees for applications for limited leave to remain in the United Kingdom and connected applications) in 9.18 after “Forces” in paragraph (b) insert—
“(c) in a case where the application is made by a person who is a spouse or child of a member or previously serving member of the armed forces who have served for four or more years.
(3) In Table 9 (fees for applications for limited leave to remain in the United Kingdom and connected applications) in 9.18 in paragraph (b) leave out “(a) and (b)” and insert “(a), (b), and (c)”.”
This new clause would amend the Immigration and Nationality (Fees) Regulations 2018 to waive the fee for indefinite leave to remain applications for the spouses or children of any current or previously serving members of the armed forces who have served for four or more years.
New clause 5—Review of mental health support for veterans—
“(1) The Secretary of State must, within 12 months of the passage of this Act, conduct a review of the adequacy, accessibility and effectiveness of mental health support available to veterans of the armed forces.
(2) A review under subsection (1) must assess the extent to which mental health support available to veterans meets their needs, including specific information about availability of such support based on—
(a) age,
(b) sex,
(c) service branch,
(d) rank,
(e) length of service,
(f) time elapsed since leaving service,
(g) operational deployment history,
(h) conflict or operation in which the veteran served,
(i) geographical location within the United Kingdom,
(j) whether the veteran resides in a rural or urban area, and
(k) any other characteristic the Secretary of State considers relevant.
(3) A review under subsection (1) must examine—
(a) levels of provision of specialist and non-specialist mental health services for veterans;
(b) waiting times for assessment and treatment;
(c) access to NHS and charity-provided mental health services;
(d) barriers to accessing support, including those arising from geographical isolation, transport availability, digital exclusion and workforce shortages;
(e) rates of referral, treatment completion and clinical outcomes;
(f) rates of suicide, self-harm, post-traumatic stress disorder, depression, anxiety and other mental health conditions among veterans;
(g) differences in outcomes between veterans who served in different conflicts or operations;
(h) the effectiveness of arrangements for identifying and supporting veterans most at risk of mental ill health;
(i) reliance on charity support.
(4) In conducting a review under subsection (1), the Secretary of State must consult—
(a) veterans’ organisations,
(b) service charities,
(c) NHS bodies,
(d) devolved administrations,
(e) local authorities, and
(f) such other persons as the Secretary of State considers appropriate.
(5) Upon completion of a review under subsection (1) the Secretary of State must lay a report before both Houses of Parliament indicating the findings of the review.
(6) A report under subsection (6) must include recommendations for improving mental health support for veterans, particularly those groups identified as being at elevated risk of poor mental health outcomes based on the review on which it is based.”
This new clause would require the Secretary of State to review the adequacy and effectiveness of mental health support available to veterans.
New clause 6—Review into reservist facilities—
“(1) Within six months of the passage of this Act the Secretary of State must conduct and publish a review into reservist facilities in rural areas.
(2) The review under subsection (1) must consider the quality, accessibility, and refurbishment of reservist facilities.
(3) The review under subsection (1) must be laid before both Houses of Parliament.”
This new clause would require the Secretary of State to conduct and publish a review into reservist facilities in rural areas.
New clause 7—Digital archive of Armed Forces Standing Orders—
“(1) Within six months of the passing of this Act, the Secretary of State must put in place a plan for the digital archiving of all Standing Orders issued to Armed Forces personnel, to be completed within 12 months.
(2) Once the digital archives under subsection (1) are established, the Secretary of State must carry out a review every six months to ensure they are up to date.
(3) Under this section, “Standing Orders” means the body of permanent regulations, issued by units or formations, which govern the conduct, administration, and procedures of personnel.”
This new clause would add a requirement for the Ministry of Defence to ensure the indefinite digital archiving of all standing orders issued to the Armed Forces.
New clause 8—National Veterans’ Commissioner (England)—
“After section 366 of the Armed Forces Act 2006 insert—
“366A National Veterans’ Commissioner (England): establishment
(1) Within 6 months of the passing of the Armed Forces Act 2026, the Secretary of State must appoint a National Veterans’ Commissioner for England (“the Commissioner”).
(2) The Commissioner shall act independently in carrying out the functions of the office.
(3) The Commissioner’s functions shall include but are not limited to—
(a) promoting the interests of veterans in England;
(b) monitoring the operation and effectiveness of the Armed Forces Covenant in England;
(c) reviewing the effect of public policy and public services on veterans and their families;
(d) identifying barriers faced by veterans in accessing housing, healthcare, employment, education, and other public services;
(e) making recommendations to the Secretary of State and to public authorities on improving support for veterans.
(4) In exercising the functions under subsection (3) the Commissioner may—
(a) carry out reviews and investigations into matters affecting veterans;
(b) consult veterans, service charities, public authorities, and other relevant organisations;
(c) publish reports and recommendations.
(5) The Commissioner shall prepare an annual report on the exercise of the Commissioner’s functions.
(6) The Commissioner may at any time prepare a report on any matter relating to the interests of veterans in England.
(7) The Secretary of State must lay any report prepared by the Commissioner under this section before both Houses of Parliament.
(8) The Secretary of State must make arrangements for—
(a) the provision of staff, accommodation, and other resources as they consider necessary for the Commissioner to carry out their functions, and
(b) the publication of the Commissioner’s reports under this section.
(9) The Commissioner is to be appointed for a term of three years and may be reappointed for one further term.
(10) The Secretary of State may remove the Commissioner from office only on grounds of—
(a) incapacity,
(b) misbehaviour, or
(c) failure to discharge the functions of the office.
(11) In this section—
“public authority” has the same meaning as in section 6 of the Human Rights Act 1998;
“veteran” means a person who has served in His Majesty’s armed forces.””
This new clause would require the Government to appoint a National Veterans’ Commissioner for England and sets out its functions.
New clause 9—Exemption from the European Convention on Human Rights for Deployed Members of the Reserve Forces—
“A member of the regular or reserve forces who has been deployed for operations under this Act may not be subject to the provisions of the European Convention on Human Rights for the duration of that deployment.”
This new clause would make provision for the members of the regular or reserve forces who have been deployed under this Act to be exempt from the European Convention on Human Rights for that period of deployment.
New clause 10—Laying of the Defence Investment Plan—
“Within three months of the passage of this Act, the Secretary of State must lay a Defence Investment Plan before both Houses of Parliament, if they have not already done so.”
This new clause would require the Secretary of State to lay a Defence Investment Plan before both Houses of Parliament within 3 months of the passage of this Act, if they have not already done so.
New clause 11—Overseas operations and the European Convention on Human Rights—
“After section 14 of the Human Rights Act 1998 insert—
“(1) Where the Secretary of State considers that any overseas operation is, or is likely to be, significant, the Secretary of State must authorise for the United Kingdom to make a derogation under Article 15(1) of the Convention.
(2) In this section —
“overseas operations” means operations of Her Majesty’s forces outside the British Islands in the course of which members of those forces may come under attack or face the threat of attack or violent resistance;
“Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).””
This new clause reinstates a duty, removed during passage of the Overseas Operations Act 2021, requiring the Secretary of State to derogate from the European Convention on Human Rights during significant overseas operations.
New clause 12—Feasibility study on a Forces Housing Association—
“(1) Within 6 months of the passing of this Act , the Secretary of State must publish report on the possibility of establishing a Forces Housing Association (FHA).
(2) The report must examine the proposals in Chapter 5 of the 2020 Report “Stick or Twist – A Report for The Prime Minister into Retention in HM Armed Forces – and how to improve it.”
(3) The Secretary of State must lay a copy of the report before both Houses of Parliament.”
This new clause would require the Secretary of State to publish a report on the merits of establishing a Forces Housing Association (FHA) as opposed to the proposed Defence Housing Service.
New clause 13—An armed forces retention strategy—
“(1) This section applies where the Secretary of State lays before Parliament the Ministry of Defence Votes A paper seeking Parliamentary authority for the maximum numbers of personnel to be maintained for service with the armed forces in the following financial year.
(2) The Secretary of State must lay alongside the Votes A paper an armed forces retention strategy.
(3) The retention strategy must include—
(a) an assessment of the current rates of retention across the regular and reserve forces,
(b) an explanation of the steps the Ministry of Defence is taking to improve retention to meet the maximum numbers of personnel set out in the Votes A paper, and
(c) an assessment of the findings of the most recent Armed Forces Continuous Attitudes Survey and its findings regarding satisfaction with service life.”
This new clause would require the Government to lay an armed forces retention strategy alongside the annual Votes A paper on the maximum number of personnel to be maintained in the Armed Forces.
New clause 14—Independent review of Armed Forces recruitment and retention—
“(1) The Secretary of State must commission an independent review of the processes for recruitment and retention across His Majesty’s forces.
(2) The review under subsection (1) must, in particular, consider—
(a) the efficiency and consistency of recruitment processes across the Royal Navy, the regular army, the Royal Air Force and the reserve forces,
(b) the effectiveness of steps being taken to improve diversity and inclusion within His Majesty’s forces,
(c) the impact of the quality of defence housing (including single living accommodation) on the retention of service personnel, and
(d) the impact of the medical discharge process on retention and transition to civilian life.
(3) A report of the review must be laid before each House of Parliament no later than 12 months after the day on which this Act is passed.”
This new clause requires the Government to commission an independent review into recruitment and retention in the armed forces and lay the report of the review before Parliament.
New clause 15—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 to be 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.”
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.
New clause 16—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.””
This new clause establishes the statutory role of a Veterans’ Mental Health Oversight Officer.
New clause 17—Personal independence payment reassessment exemption for amputees—
“(1) Within six months of the passage of this Act, the Secretary of State must make regulations which make provision for persons who have experienced an amputation as a consequence of their membership in the armed forces to be exempt from personal independence payment reassessments except in instances in which such persons have requested a reassessment.
(2) For the purposes of this section, “personal independence payment” has the meaning given by Part 4 of the Welfare Reform Act 2012.”
This new clause would require the Secretary of State to make regulations to ensure that persons who have experienced an amputation as a consequence of their membership in the armed forces are exempt from personal independence payment reassessments.
New clause 18—Report on disregard of armed forces compensation in means-tested benefits—
“(1) Within 12 months of the passage of this Act, the Secretary of State must prepare a report on the potential merits of disapplying consideration of compensation accrued from the War Pension Scheme and Armed Forces Compensation Scheme in calculating entitlements to other means-tested income benefits.
(2) The report under subsection (1) must be laid before both Houses of Parliament.
(3) The report under subsection (1) must consider compensation accrued from the War Pension Scheme and Armed Forces Compensation Scheme in calculating—
(a) Pension Credit entitlements, and
(b) any other means-tested benefit where compensation accrued from the War Pension Scheme and Armed Forces Compensation Scheme is not currently disapplied in entitlement calculations.”
This new clause would require the Secretary of State to prepare a report on the potential merits of disapplying consideration of compensation accrued from the War Pension Scheme and Armed Forces Compensation Scheme in calculating entitlements to other means-tested income benefits.
New clause 19—National Standards, Funding and Monitoring of the Armed Forces Covenant Duty—
“(1) The Armed Forces Act 2006 is amended as follows.
(2) After Section 343AE (Sections 343AA to 343AD: guidance) insert—
“343AEA Armed Forces Covenant Duty National Standards
(1) The Secretary of State must issue statutory guidance establishing clear and consistent national standards for the discharge of the duties imposed under section 343AA to 343AD (“the Covenant Duty”).
(2) The national standards must—
(a) set minimum requirements for compliance by relevant public bodies,
(b) promote consistency in the quality and accessibility of services provided to members of the armed forces community across England, Scotland, Northern Ireland and Wales, and
(c) require relevant public bodies to demonstrate due regard in a manner capable of objective assessment.
(3) Relevant public bodies must have due regard to the standards issued under this section.
343AEB Funding and Support for Delivery
(1) The Secretary of State must ensure that sufficient funding is made available to support the effective implementation of the Covenant Duty.
(2) The Secretary of State must establish and maintain a dedicated Covenant Duty Training Programme, which shall—
(a) provide accessible training and guidance to relevant public bodies,
(b) promote awareness and understanding of the purpose and scope of the Covenant Duty among staff and decision-makers,
(c) support the sharing of best practice between relevant public bodies, and
(d) include provision for capacity-building where required.
(3) In determining the allocation of funding under this section, the Secretary of State must have regard to variations in local demand and the particular needs of the armed forces community.
343AEC Reporting and measuring framework
(1) The Secretary of State must establish a framework for the monitoring and evaluation of compliance with, and impact of, the Covenant Duty.
(2) The framework must include—
(a) defined performance indicators and outcome measures,
(b) requirements for relevant public bodies to collect and report data relating to the Armed Forces Community in a consistent manner,
(c) annual independent review of the effectiveness of the Covenant Duty, and
(d) mechanisms to identify and disseminate learning and best practice.””
This new clause would create a requirement for guidance that sets national standards of Covenant Duty delivery across the country, for funding and resources to support delivery and to require monitoring of compliance with the duty.
New clause 20—Armed Forces Covenant report: required content—
“(1) The Armed Forces Act 2006 is amended as follows.
(2) In section 343A (Armed forces covenant report), after subsection (5) insert—
“(5A) An armed forces covenant report must—
(a) include an assessment of compliance with armed forces covenant duty national standards under section 343AEA,
(b) include analysis of outcomes for the armed forces community, and
(c) include recommendations for improvement.””
This new clause, which is consequential on NC19, would require the Armed Forces Covenant report to include detail on compliance with national standards, outcomes for the armed forces community and recommendations for improvement.
New clause 21—Reporting on the Defence Investment Plan—
“(1) Every six months after the passage of this Act for the duration of this Parliament, and every year thereafter, the Secretary of State must publish a report on the implementation of the Defence Investment Plan.
(2) The Secretary of State must lay a copy of each report under subsection (1) before each House of Parliament.”
This new clause would compel the Government to publish and lay before Parliament a regular report on the implementation of the Defence Investment Plan every six months during this Parliament, and annually thereafter.
New clause 22—Report on the impact of Defence Investment Plan delays—
“(1) Within six months of the passage of this Act, the Secretary of State must publish an impact assessment of the delays to the implementation of the Defence Investment Plan.
(2) The report under subsection (1) must include an assessment of the impact of such delays on—
(a) small and medium-sized enterprises (SMEs) within the UK defence supply chain,
(b) military procurement, equipment capability timelines, and operational readiness, and
(c) the financial sustainability of defence sector businesses.
(3) In preparing the report under subsection (1), the Secretary of State must consult—
(a) representatives of small and medium-sized enterprises in the defence sector, and
(b) the Defence Suppliers Forum.
(4) The Secretary of State must lay a copy of the report under subsection (1) before each House of Parliament.”
This new clause requires the Secretary of State to publish and lay before Parliament a one-time report within six months of the Act’s passage assessing the impact of Defence Investment Plan delays on military procurement and defence businesses, with particular focus on SMEs.
New clause 23—Assessment of the reserve forces estate—
“(1) Six months after the passage of this Act and every three years thereafter, the Secretary of State must publish an assessment of the conditions of the reserve forces estate.
(2) An assessment under subsection (1) is not limited to but must include an assessment of—
(a) catering provisions,
(b) personal hygiene provisions, and
(c) support for existing and new reserve forces.
(3) The Secretary of State must consult the RCFA in conducting an assessment under subsection (1).
(4) Under subsection (1) “reserve forces estate” refers to all properties managed by the RFCA.
(5) The Secretary of State must lay a copy of each assessment under subsection (1) before each House of Parliament.”
This new clause would require the Secretary of State to publish and lay before Parliament an assessment of the reserve forces estate six months after the passage of this Act and every three years thereafter.
New clause 24—Review of Schedules 1 and 2 of the Armed Forces Act 2006—
“(1) Within 12 months of the passage of this Act, the Secretary of State must review offences included under Schedules 1 and 2 of the Armed Forces Act 2006.
(2) A review under subsection (1) must consider whether any offences pertaining to domestic abuse which have been classified under Schedule 1 of the Armed Forces Act 2006 may be instead classified as an offence under Schedule 2 of that Act.
(3) The Secretary of State must lay a copy of the review under subsection (1) before each House of Parliament.”
This new clause would require the Secretary of State to review the classification of offences under Schedule 1 and 2 of the Armed Forces Act 2006; it would create a specific requirement for the classification of domestic abuse offences to be considered.
Amendment 1, in clause 2, page 4, line 15, at end insert—
“and to the district and borough councils of Northern Ireland.”
This amendment would add the district and borough councils of Northern Ireland to the meaning of “local authority” in relation to the armed forces covenant.
Amendment 3, page 6, line 37, at end insert—
“343AZC Continuity of plans for special educational needs
(1) Within a year of the passage of the Armed Forces Act 2026, the Secretary of State must make regulations to make provision for a plan for special educational needs awarded to a person who—
(a) is a child of or dependent upon a person serving in the Armed Forces, and
(b) becomes ordinarily resident in another part of the United Kingdom when posted.
(2) The regulations made under subsection (1) must ensure that, if a person is required to move from one base to another as part of their service in the armed forces, any plan awarded to their child or dependent under subsection (1) must be automatically transferred to the relevant authority.
(3) A person to whom subsection (2) applies shall have reasonable time to negotiate a named school for their plan under subsection (1) with the relevant authorities.
(4) Under this section, “a plan” means—
(a) in England, an Education and Health Care Plan;
(b) in Wales, an Individual Development Plan;
(c) in Scotland, a Co-ordinated Support Plan;
(d) in Northern Ireland, a Statement of Special Educational Needs.”
This amendment would allow serving families, with a child for whom they have been awarded an Education and Health Care Plan or equivalent Special Educational Needs support, to transfer that support without penalty if they are required to move bases, for operational or other reasons, from one area to another.
Amendment 4, page 6, line 37, at end insert—
“343AZC Continuity of adoption and fostering arrangements
(1) Within a year of the passage of the Armed Forces Act 2026, the Secretary of State must by regulations make provision for the continuity of adoption and fostering arrangements for a person who—
(a) is a serving member of the Armed Forces,
(b) has entered into negotiations about potentially adopting or fostering children, and
(c) is required to move base as part of their military service.
(2) Regulations under subsection (1) must ensure that if a service family is required to move from one base to another, for operational or other reasons, any adoption or fostering arrangements they have made with their existing local authority should be appropriately transferred to the appropriate new local authority.
(3) For the purposes of this section, “appropriately transferred” means any adoption or fostering arrangements shall not be disrupted as a result of the transfer from one local authority to another.
(4) Regulations under subsection (1) must make provision for minimum residency requirements for adoption or fostering in a local authority to be waived for any service family which is required to move from one local authority jurisdiction to another, for operational or other reasons.
(5) Service families to which this section applies shall have an opportunity to renegotiate potential adoption or fostering arrangements with the new local authority, including prior to transfer to their new posting.”
This amendment would require adoption and/or fostering processes being undertaken by a service family to be automatically transferred to the appropriate local authority if that family is required to move bases as part of their service in the armed forces.
Amendment 5, page 6, line 37, at end insert—
“343AZC Continuity of NHS secondary care services
(1) Within a year of the passage of the Armed Forces Act 2026, the Secretary of State must by regulations make provision for the continuity of secondary care treatment for a person who—
(a) is a dependent of a member of the regular or reserve forces who is receiving secondary care services from a health body in one part of the United Kingdom, and
(b) becomes ordinarily resident in another part of the United Kingdom when the member of the armed forces to whom that person is dependent is posted.
(2) Regulations under subsection (1) must make provision for relevant health bodies to take reasonable steps to ensure that any course of secondary care treatment being provided to the dependent is transferred to an appropriate health body in the area to which the dependent relocates.
(a) the dependent’s treatment or place on a treatment waiting list is maintained upon transfer of responsibility of care between health bodies, and
(b) the dependent will not require a new referral form from a general practitioner or other primary care professional as a condition for continuation of treatment upon transfer of responsibility of care between health bodies.
(3) Regulations under this section must include a requirement for a national authority to issue guidance on—
(a) the transfer of patient records,
(b) the continuation of treatment pathways upon transfer of responsibility of care between health bodies, and
(c) the preservation of waiting list placement upon transfer of responsibility of care between health bodies.”
This amendment would require the Secretary of State to make provision for NHS secondary care services to be appropriately transferred where a person who is dependent on a member of the armed forces must become ordinarily resident in an area for which a different NHS body is responsible for care.
Amendment 14, page 6, line 43, at end insert—
“343AZC Communication regarding armed forces pensions
(1) The Secretary of State must undertake an assessment of the effectiveness of communication with former service personnel about their armed forces pension.
(2) An assessment under subsection (1) is not limited to but must include—
(a) a review of the number of armed forces pensions which have been unclaimed,
(b) the impact of the current armed forces pensions system on former service personnel, and
(c) an assessment of the effectiveness of introducing an annual letter distribution service to inform former personnel of their pension entitlements.
(3) For the purposes of this section—
“former service personnel” means a person who has completed their services in the armed forces.
(4) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must lay a copy of the assessment under subsection (1) before each House of Parliament.”
This amendment would require the Secretary of State to review current practice for communicating with former service personnel about their armed forces pension entitlements.
Amendment 15, page 6, line 43, at end insert—
“343AZC Transfer of medical assessments
(1) The Secretary of State must review current practice for the transfer of medical records and services for armed forces personnel upon their transfer to the reserve forces.
(2) A review under subsection (1) is not limited to but must include an assessment of—
(a) the time and costs associated with current practice, and
(b) the costs and benefits of introducing a case-by-case approach for determining whether a reassessment of armed forces personnel’s medical records and services is required upon their transfer to the reserve forces.
(3) Within one year of the passage of the Armed Forces Act 2026, the Secretary of State must lay a copy of the assessment under subsection (1) before each House of Parliament.”
This amendment would require the Secretary of State to review current practice regarding the transfer of armed forces personnel’s medical records and services upon their transfer to the reserve forces.
Amendment 11, in clause 3, page 7, line 15, at end insert—
“(4) The Defence Housing Service will operate within a multi-year budget, which must be set out in any Defence Investment Plan published by the Secretary of State.
(5) This must specify both capital (CDEL) and revenue spending (RDEL) on the Defence Housing Service, over the period of the Defence Investment Plan”
This amendment would ensure that Defence Housing Service’s budget is set out in any Defence Investment Plan published by the Secretary of State.
Amendment 8, page 7, line 26, at end insert—
“(e) improving the satisfaction of service personnel and their families with the accommodation provided.”
This amendment would make improving customer satisfaction a specific objective of the Defence Housing Service.
Amendment 9, page 7, line 26, at end insert—
“(e) providing earmarked accommodation, as far as practicable, to facilitate members of the armed forces spending time with their child where they have a child arrangements order.
(f) for the purposes of subsection (e), a “child arrangements order” has the meaning given by section 8 of the Children Act 1989.
(g) “contract visits” for children of service personnel, who do not live with them (in accordance with any relevant court order).”
This amendment would make the Defence Housing Service responsible for providing accommodation to facilitate members of the armed forces spending time with their child where they have a child arrangements order.
Amendment 13, page 8, line 24, at end insert “and single living accommodation”.
This amendment would add single living accommodation to the definition of defence housing to ensure that defence housing standards apply to single living accommodation as well as service family accommodation.
Amendment 10, page 9, line 27, at end insert—
“(4) The Chief Executive of the Defence Housing Service, once appointed, must report directly to the Minister of State for the Armed Forces, regarding the performance of the Defence Housing Service.”
This amendment requires the Chief Executive of the Defence Housing Service to report directly to the Minister of State for the Armed Forces regarding the performance of the Defence Housing Service.
Amendment 12, in clause 13, page 34, line 33, at end insert—
“115C Duty to refer sexual offences and domestic abuse to civilian police
(1) This section applies where a service police force or the tri-service serious crime unit is made aware of an allegation that a person subject to service law, or a civilian subject to service discipline, has committed a relevant offence in the United Kingdom.
(2) The Provost Marshal of the relevant service police force, or the Provost Marshal for serious crime, must immediately refer the allegation and transfer the investigation to the relevant civilian police force, and inform the complainant of their right to have the investigation referred back to the relevant service police force and military courts.
(3) If the complainant requests that the case be transferred back to the military courts, the jurisdiction over the investigation and subsequent trial must be transferred back to the relevant service police force and military courts.
(4) In this section—
“relevant civilian police force” means the civilian police force for the area in which the alleged offence took place;
“relevant offence” means—
(a) any offence under the Sexual Offences Act 2003,
(b) an offence involving domestic abuse within the meaning of the Domestic Abuse Act 2021, or
(c) an offence of attempting or conspiring to commit an offence within sub-paragraph (a) or (b).
(5) The Secretary of State may by regulations specify further offences which are to be treated as a relevant offence for the purposes of this section.”
This amendment requires the Service Police and the Defence Serious Crime Command to refer all allegations of sexual offences and domestic violence to the civilian police forces for investigation and subsequent trial in the civilian justice system, with the option for the complainant to transfer their case back to the military justice system if they prefer.
Amendment 6, in clause 20, page 34, line 27, at end insert—
“(iii) a retired holder of such a rank.
(iv) NCO’s – down to the level of Corporal, or equivalent.”
This amendment would add retired officers to those qualified for membership of the Court Martial. It would also allow soldiers down to the rank of Corporal (or equivalent) to sit on Court Martials.
Amendment 7, in clause 33, page 54, line 43, at end insert—
“69C Notice periods for recall
(1) Those reservists in Army Reserve Group A, or its equivalents, shall, following the passage of the Armed Forces Act 2026, have their standard notice reduced from readiness category R9 (180 days) to R7 (60 days).
(2) For the purposes of this section, ‘Army Reserve Group A’ has the meaning defined in the Reserve Land Forces Regulations 2026.”
This amendment would increase the readiness requirement for reservists in Army Reserve Group A from 180 days to 60 days.
Government amendment 2.
The amendments I have tabled concern the right of British nationals to engage in foreign wars. What brought them about is reports that British nationals have been involved in Israel Defence Forces activities in Gaza and other places. To prevent this from happening in future, my amendments would amend the Visiting Forces Act 1952 to give the Secretary of State power to undertake some form of legal action against those individuals. To me, it seems very obvious and very important that if, as a general principle, we say that British nationals should not be allowed to fight for a foreign force, or to engage in a war in another country under a different command, we should do something about it legally. My amendments are quite widely supported and very carefully drafted, and I hope that the Minister will understand why I tabled them and their importance.
I never thought that in my lifetime, we would be able to watch genocide taking place live on television, as is happening in Gaza. My amendments clearly state that if cases are taken to the International Court of Justice or the International Criminal Court, that would be enough to trigger action by the Secretary of State in this country. That is why I tabled them, and I hope that the House will take them seriously and support them.
Al Carns
As we progress the Bill collectively, we could, in some areas, look at giving better support to employers, but it is worth being clear that the Bill looks to extend service from anything from four to 16 years. It allows for the return to service of ex-military personnel until they are 65. That is being standardised across officers, other ranks, the Navy, the Army and the Air Force. By doing that, we will increase our strategic reserve pool. If we get caught in a crisis in any way, shape or form, their skills can be harnessed to help the nation out. There is a further discussion to be had, at a later stage, about how we include civilians in that.
This Bill puts in place a whole range of important provisions—on improving the standard of living and housing for the armed forces, on reserves and on the service justice system—while, importantly, keeping us safe at home and abroad.
It is a privilege to follow the hon. Member for Birmingham Selly Oak (Al Carns), who I may refer to again in a few minutes. It is important to place on record the respect he has engendered across the House by resigning on an important issue of principle relating to the defence of the realm, which is, after all, the most important duty of Government, above all others. He and I have debated for five months on this Bill. We have not always agreed, but we have always dealt with each other respectfully. That respect has only been enhanced by his recent decision.
I rise to speak to new clause 11 and amendments 3, 4, 5 and 11 in my name and that of my hon. Friends. I will get into the detail of those amendments and the new clause in a moment, but before I do, I observe the courtesies of debate and congratulate the new Minister for the Armed Forces, the hon. Member for North East Derbyshire (Louise Sandher-Jones), on her recent field promotion. We hope that she enjoys herself in her new post, but I caution her that there appear to have been further command changes back at the chateau as of today. We shall have to see how she fares in the re-brigading exercise that will inevitably follow, but for today, well done.
In the meantime, this Bill, which had its Second Reading back on 26 January, has been extensively debated—when the Select Committee on the Armed Forces Bill received both oral and written evidence; in the Select Committee’s debate phase; in Committee of the whole House on 2 June; and now on Report and Third Reading. The Opposition’s summing-up speech tonight will come from my hon. Friend the Member for Exmouth and Exeter East (David Reed).
Over nearly five months, we have spent more than 40 hours taking evidence, conducting visits and debating this important Bill. As today is the culmination of its consideration in the Commons before it moves on to further scrutiny in the other place, I should say that throughout, we Opposition Members have attempted to act as a critical friend to the Bill. We have been able to do that mostly in a relatively consensual manner, although there have been occasional points of disagreement, as I suspect there may yet be this evening.
New clause 11 relates to a derogation from the European convention on human rights in the event of overseas operations under the auspices of the Overseas Operations (Service Personnel and Veterans) Act 2021. I am afraid that I cannot agree with the proposition of the right hon. Member for Islington North (Jeremy Corbyn), despite the fact that I was born in his constituency, in Crouch End—or “Creuche Ende”, as the estate agents call it today. When we debated this matter in Committee, we tabled a similar new clause, based on the wording of the 2021 Act. It said that Ministers should at least consider derogating from the ECHR, if not doing so might constrain the operation of our troops when deployed overseas and leave them potentially fighting a ruthless enemy with no moral scruples, who behaved as the Russians did in Bucha during the invasion of Ukraine. Because of the ECHR, our troops could effectively be fighting with one hand tied behind their back, and could fear lawfare being used against them, perhaps even decades later, potentially at Russia’s behest. Unfortunately, the Government have been completely hopeless on this, and we have therefore firmed up the wording in our revised new clause; it says that Ministers “should” derogate in such circumstances. The principal argument, however, remains the same, and I hope that Ministers might yet be persuaded to accept the new clause.
Alex Baker
That is precisely what I am asking the Government to do. They should look at that, because judicial review cannot be the only option. We must have other options available to make sure that, when the covenant is not being delivered, we can hold those bodies to account.
We need clearer guidance for how services can put the covenant into practice. Earlier this year, I presented my recommendations to the Minister responsible for early years—the Under-Secretary of State for Education, my hon. Friend the Member for Reading West and Mid Berkshire (Olivia Bailey)—setting out how the new Best Start family hubs can properly support military families. The first recommendation we made was simple: services should ask everyone at the first point of contact, “Are you from a military family? Are you from our armed forces community?” If public services do not know whether someone serves or has served, or is part of a military family, how can we connect them to the support they need? Service life often means deployments, frequent moves and dealing with different local authorities and providers. With a clearer record of our forces community, we can ensure that support follows people as they relocate, rather than forcing them to start again each time.
Ultimately, this is not about processes, but about people. At the Commonwealth hub on Saturday, I met a female Royal Navy veteran, and she spoke honestly about the challenges she has faced after leaving service in struggling to secure housing, to find work and to access the support she needed. Then she said something that has stayed with me:
“The Covenant is supposed to mean something. But it means nothing.”
That must change. The covenant must mean something when a veteran needs a home or a military family is looking to settle down. Those who sacrificed so much in service to our country ask one thing of us, which is that we stand by them in return. That is the promise we must keep and the standard we must set ourselves, which is why I support this Bill.
Calum Miller (Bicester and Woodstock) (LD)
I am grateful to the right hon. Member for Islington North (Jeremy Corbyn) for opening this debate and speaking to his new clauses. I will shortly speak to the new clauses and amendments tabled by my hon. Friend the Member for Lewes (James MacCleary) on behalf of my party and to others tabled by my hon. Friends.
It is particularly appropriate that we should be holding this debate at the start of Armed Forces Week. Like many Members, I look forward to attending Armed Forces Day in my constituency, at Pingle field in Bicester on Saturday. We will raise the flag to salute the service and sacrifice of our incredible armed forces and their families. If previous years are anything to go by, I will again disgrace myself in misdirecting a bomb disposal robot under the patient eye of a member of the defence explosive ordnance disposal, munitions and search training team, which is based at the Bicester garrison.