Armed Forces Commissioner Bill (Second sitting)

Debate between Juliet Campbell and Terry Jermy

Committee stage
Tuesday 10th December 2024 Public Bill Committees

[Terry Jermy]

Q In the very first witness comments, I was struck by the observation that, because the current ombudsman role is funded by the Government, there is perhaps an acknowledgment that that weakens the role’s independence. Of course, the new commissioner will be funded by the Government as well. Are you aware of that concern? I appreciate Helen Maguire’s comments about independence. Are you confident that there are sufficient safeguards around independence to encourage people to come forward?

Luke Pollard: I am. The reason we have drafted the legislation as we have is to be absolutely clear about a separation of this commissioner’s office from the Ministry of Defence. I think the point that Mariette was making in her evidence is that the funding has to come from somewhere. However, I think it is the way that the commissioner is appointed, how they operate and how they build trust and confidence with our people that will build the independence in the role.

We can legislate for independence and separation, as we have done, but it is the operation of the role that will build trust with the people. That is why I will expect the commissioner to be on the road, visiting our forces and having those conversations, in order to build the trust. I will expect them to have a robust scrutiny process in terms of their appointment, and to be able to give Ministers a tough ride on the delivery of the issues that matter.

That is the reason we are doing this. If this role did not have any teeth, there would be no point in legislating for it. I want this role to be able to carry a really bright spotlight, to shine on the issues that are affecting our people—because ultimately, if we do that, we recruit more people, we retain more people and more people want to rejoin our armed forces, improving morale and service life. That ultimately improves our operational effectiveness as a military.

[Juliet Campbell (Broxtowe) (Lab)]

Q A few of the witnesses today have spoken about “relevant family members” and the fact that that has not been defined in the Bill. Why did the Bill not adopt the existing armed forces covenant definition, which may have made it a little easier?

Luke Pollard: The Bill itself is not a stand-alone piece of legislation. It might be useful for hon. Members to understand that, effectively, it inserts legislation into the already existing Armed Forces Act 2021, which includes a section—I think it is section 340—that already includes the armed forces covenant. However, we did not want to specify the relevant family member in primary legislation; we wanted to be able to take more time to have conversations with stakeholders and define that through secondary legislation.

If the definitions were to change in the future, that could change. We have seen that the question of what a family is has changed. For me, a family is the most important unit of society, but what and how it is will be different for every different family. We are trying to find the right definition. I imagine the commissioner will have a view on that, and they can then make recommendations on that basis. That is why there is the option of being able to revise the definition via secondary legislation, which is an easier process than undertaking primary legislation—and the Armed Forces Bill comes round only once every five years.