Armed Forces Commissioner Bill (First sitting)

Debate between Juliet Campbell and Luke Pollard

Committee stage
Tuesday 10th December 2024 Public Bill Committees

[Luke Pollard]

Q Good. My final question is about the powers in the Bill about dismissing a commissioner in the event of their being incapacitated or unable to fulfil their job. Could you talk through how that would work? Currently, if you were not able to fulfil your duties, how would that work? Is there any difference between the framework that establishes your office and the commissioner’s office?

Mariette Hughes: The framework proposed in this Bill is significantly stronger than what is currently in existence with my office. I have similar provisions in my terms and conditions that if for any reason I am unable to fulfil my functions, the Secretary of State can terminate my employment; equally, I can give notice. What is not in the current legislation or in my terms and conditions is the ability to appoint a deputy or an acting person to fill that role. That is a very real risk and it is a gap.

When I took on the role, there was actually a gap between myself and my predecessor during which nobody in the office could do any work, because there is no power unless it is delegated directly from the ombudsman and there is no power for the Secretary of State to put in an interim. There was a small period when nothing could happen. That is a real risk. At the moment, if I get hit by a bus—touch wood—and cannot come into work, there is nothing in the legislation that allows my staff to continue working unless I am there to delegate that power. The Bill allows for the commissioner to appoint a deputy, to delegate specific functions, and, in the event of incapacity or their being unfit to do the job, to be removed from post and an acting commissioner to be put in place. That gives us a lot more security than what we have currently, and I am in favour of it.

[Juliet Campbell (Broxtowe) (Lab)]

Q Thank you very much for joining us. In part of your introduction, you spoke about the number of complaints that you receive. Clearly, the number of complaints that you receive is lower than the number of valid complaints that probably should be made. How do you think that this role will encourage people who might not have actively come forward, such as people from LGBT backgrounds and non-UK personnel, and enable them to come forward and make those complaints?

Mariette Hughes: I think it will allow people who are experiencing an issue that affects a wider group or a demographic to bring forward that complaint as a whole. There is a lot of onus in service complaints on the resolution of individual grievances. You cannot bring a group complaint; it has to be an individual’s complaint with a named respondent. We are doing as much as we can to make sure that that system does not feel onerous, combative or scary, but some people are simply not comfortable putting their name down and saying, “I want to complain about my employer because of this.”

This new role has a wider focus on welfare, so you could form really good links with some of the networks to say, “Okay, when people come to you for advice, what are the things they are worried about? What are the things they are scared about? What policies are affecting them?” If those people are still not comfortable raising individual complaints, we need to ask what issues they are facing and whether we can cast a light on them. I want everyone to feel safe to come forward, but equally, if we know there are problems, it should not take the individual coming forward. If we know there are problems, we should be able to go and shine the light on it for them, so that they do not need to do that.