Armed Forces Commissioner Bill

Lord Beamish Excerpts

Committee stage
Monday 24th March 2025 Grand Committee

[Lord Harlech (Con)]

My Lords, in moving Amendment 21A, I shall also speak to Amendment 21B in my name. In so doing, I declare my interest as a serving Coldstream Guards Army Reserve officer with the 1st Battalion London Guards.

I mention this not only because it is my duty to do so in declaring one’s interests but because the London Guards are one of the few good-news stories in the Army Reserve. We are one of the only infantry battalions that is growing. Our partnership with our regular counterparts in the Household Division uniquely positions us for recruitment and retention by offering a dual role: ceremonial duties and contribution to the field Army’s war-fighting capabilities. I should also say that I have the honour to serve alongside the present doorkeeper, Mr Davey—he is not in his place—who, after a distinguished career in the regular Army, now fulfils an essential combat service support role for the battalion on top of his duties to this House.

But I know from attending courses and battle camps with reservists from other infantry formations that the picture is not so positive outside London. This is not to say that we do not face challenges, and there is a feeling that the battalion works well because of the tireless work of individuals up and down the chain of command, bolstered by permanent staff who go above and beyond the call of duty—that is to say, the battalion works in spite of the system, not because of it.

Reserve forces are a vital component of the Armed Forces, providing essential mass, unique capabilities and a diversity of skills that are critical to meeting the Ministry of Defence’s commitments. At the Reserve Forces’ and Cadets’ Associations conference in November 2024, the Minister for Veterans and People, Alistair Carns MP, delivered the keynote address, focusing on the critical importance of reconnecting defence with society. He praised the contributions of reservists and cadets, noting their significant role in bolstering the UK’s operational capabilities and enhancing social mobility. He said:

“Reserves and cadets are the beating heart of our defence capabilities, offering unparalleled skills and serving as a bridge between the military and the communities they protect. Their commitment ensures that defence is not only ready for today’s challenges but also resilient for the future”.


At the same conference, the noble Lord, Lord Robertson of Port Ellen—a former Defence Secretary and former NATO Secretary-General—reinforced the significance of strong community ties in defence efforts, particularly in the face of escalating global threats. He underscored the unique value of the RFCA network in enhancing public understanding and support for the Armed Forces, commenting:

“The role of reserves and cadets has never been more crucial. They exemplify the spirit of service and commitment that underpins our national security. Their efforts strengthen the bond between defence and society, ensuring we are prepared for any challenge”.


I know that the Minister has a personal connection to the Army Reserve, with his son-in-law serving with the Mercians.

In the past, including at the Second Reading of this Bill, the Minister has offered his wholehearted support for our nation’s Reserve Forces. Yet, despite strong words of support from both Ministers and the noble Lord, Lord Robertson of Port Ellen, the reserves are absent from this Bill. It is unclear how the Armed Forces commissioner will effect positive change for the vital work that reservists do and may be called on to do in the future.

This is the situation when considering the reserve estate of buildings and infrastructure: it is at best tired and often not fit for purpose, with too many assets—kitchens, ablutions and boilers—condemned. On training, courses are hard to get on, too long and not available enough. Access to the training estate remains a challenge and funding for some courses is inconsistent. Equipment platforms are of very limited availability, with no viable equipment support to manage training demand. JAMES, the Joint Asset Management and Engineering Solutions platform—it consists of a range of tools for the capability management of military equipment parts—does not work well for the Army Reserve.

On pay and welfare, there are frustrations with the normal retirement age of 55 and perceptions around the over age extension. Pay remains an issue and is not reflective of reservist civilian employment, meaning that they often have to take pay cuts in order to miss work for training. There is also a feeling that remuneration does not compensate for time away from family.

That list is not exhaustive, but these are some factors that severely hamper the reserves’ ability to recruit and retain and which impede their operational effectiveness. Therefore, my Amendment 21A would give a duty to consider the

“lived experience of Reserve Service Personnel”

so that, in carrying out their functions under this legislation, the Armed Forces commissioner would have to give equal consideration to the lived experience of reserve and regular service personnel. The amendment aims to empower the Armed Forces commissioner to ensure equal treatment of Reserve Forces in terms of resources and respect, thus enabling them to fulfil UK plc’s defence requirements and commitments.

Under my Amendment 21B, on the duty to consult the heads of reserves in carrying out their functions under this legislation, the Armed Forces commissioner would have to consult the heads of the Army, Royal Navy and Royal Air Force reserves before implementing any changes that would affect reserve service personnel. Policymakers too often impose policy on reserves instead of collaborating with them, resulting in unintended consequences and unsatisfactory outcomes. This amendment would ensure that policymakers create and implement policy affecting reserves collaboratively, maximising the chance of success.

I look forward to the contributions from other noble Lords and the Minister’s response. I beg to move.

[Lord Beamish (Lab)]

My Lords, I support this amendment. As the noble Lord has outlined, the Reserve Forces are an important part of our defence effort. There was possibly an image, going back to the 1970s and 1980s, that they were about weekend soldiers and drinking clubs. They are far from that today. If you look at the deployments in Afghanistan and Iraq, for example, you can see that the number of reservists deployed either as formed units or individuals made a tremendous effort. Certainly, the medical services saved the lives of countless members of our Armed Forces in both theatres; that could not have been done without reserve medical services.

Those forces are unique because, when they are on such deployments, they do not deploy back to a formed unit. As the noble Lord said, they have their unit, but it can be a very lonely existence for some of those individuals when they deploy back. I certainly know that, when I was in the Ministry of Defence and talking to reservists, the issue of mental health was one that particularly concerned me. In a regular unit, there is a welfare structure around them, but the individual who goes back to their individual work or home can feel very isolated. I came across some terrible examples where individuals who were severely wounded in Iraq and Afghanistan were forgotten by the welfare system. I think that things changed—we put things in place—but it is important to remember that these individuals are fighting on behalf of and alongside regular individuals.

However, they do not fit neatly into the category that this Bill outlines. As the noble Lord, Lord Harlech, said, reserves may well come across employment issues, discrimination in employment and other issues that affect regular forces, but they do not necessarily fit in there. If we somehow forget about them as the Bill goes through, that will be remiss of us. We will have to wait and see what the outcome of the defence review is, but there will possibly be a larger role for reserve services—particularly because, these days, the Armed Forces across the piece, whether the Navy, the RAF or the Army, have become much more specialised. Some of the skills used in civilian life are very sought after in our military today. If we are going to attract those people, we should make sure not only that the offer is attractive in terms of both remuneration and the experience that they will get but that, if things go wrong, they have support as well.

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[Lord Coaker (Lab)]

My Lords, once again I thank the noble Lord, Lord Harlech, for tabling these amendments, which allow us to discuss the issue of reserves. In answer to the noble Baroness, Lady Smith, yes, reserves are covered and are within scope of the Bill when they are subject to service law. I have made that point on a number of occasions, but I say it again so that we are absolutely clear of the fact and have no misunderstanding.

I need to declare an interest as, like the noble Lord, Lord Harlech, my son-in-law is an active reservist. I have to be careful about that because, as noble Lords can imagine, he is not without an opinion about certain things—nor indeed is the rest of the family—so I put that on the record. He was active in Iraq. My noble friend pointed out the service of reservists in these campaigns, and my son-in-law was one of them. We all know people who are, were or will be reserves.

The Bill does not cover cadets, as the noble Baroness pointed out, although they are of course a major policy issue, as well as a major source of pride for us all. We hope that they both develop and expand. I will respond to a few of the points made before I make my formal reply.

[Lord Beamish (Lab)]

Having read the Bill, I know that the Minister is right: the reservists are covered while they are under service law. But what about individuals who are not on active service but who, for example, are affected by mental health problems or injuries they have sustained, and find it difficult to get redress for those things, which are a result of their service? How would that be covered? Would the commissioner be able to look at those individuals, who might not be active at the time but are still reservists? I can give examples of individuals like that who have sat at home for long periods of time, who are not active but were ignored by the system.

[Lord Coaker (Lab)]

The answer to that is yes. I say to my noble friend, as I would to any noble Lord, that if there are instances of anything like that, he should bring them to my attention. I cannot always promise an answer, but I will always ensure that things are looked into. If my noble friend has something he wants me to look at, of course I will do so.

[Lord Beamish (Lab)]

I am sorry to press the point. My noble friend the Minister said, “Yes”, but can he clarify that? This is important. The Bill says that they are covered by service law. If an individual, for example, has been on operations, has mental health problems, and has been detached from his unit for a while and is trying to get help, he is not technically covered by service law in those situations. Would he or she still be able to go to the commissioner and say, “Wait, we are not getting treatment or support in the way that we deserve”?

[Lord Coaker (Lab)]

My understanding is that, in that situation, the issue arose as a consequence of service law. If that is wrong, I will clarify the position in a letter, and I will copy in all noble Lords in the Committee. My understanding is that, because the issue arose when they were subject to service law, the commissioner could therefore still look at it.

It would be remiss of me not to congratulate the noble Lord, Lord Harlech, on his own service. He mentioned Mr Davey, whom I acknowledge as well. There will be many other people whom we all know and who deserve congratulations and respect for their service. I ask the noble Lord to pass on the thanks of all noble Lords in this Committee to his unit, which, as he pointed out, has done particularly well. I also thank him for his speech and the various points he made in it, which were very good. The importance of what he said is not only shown in the answers he receives; it is in the fact that people will have heard his comments and the opinions he expressed. That also influences opinion in a way that is not always obvious, so he should take great credit for that. It is self-evident that we must consider the needs of reservists, but that is not always said as loudly and clearly as it should be, so the noble Lord taking the opportunity to do so when speaking to his amendments is extremely important.

My noble friend Lord Beamish outlined, in support of the amendment tabled by the noble Lord, Lord Harlech, the importance of reservists and the even greater role that, potentially, they may be asked to play in future. We will see what happens with that. My noble friend pointing out the importance of reservists is extremely welcome.

I thank the noble Lord, Lord Colgrain, for the point he made about our dialogue and interaction on reservists and when they would be subject to service law. On the engagement point and the comments that he read out, we are actively considering how we would do that. I imagine that that would be through surveys and visits and by talking to individual reservists and their units about their needs, requirements and concerns. It is not necessarily for me to lay out to the commissioner exactly how to do that, but that is how I would expect a commissioner to work to ensure that the views and opinions of reservists were gleaned.

The noble and gallant Lord, Lord Craig, pointed out the importance of veterans, the centrality of their commitment and their importance to the regulars, with whom they often train and serve side by side. He will know of that importance better than most of us, from his own military background and experience. He, too, was right to point out the importance of reservists.

I have already answered the questions from the noble Baroness, Lady Smith, on whether reservists are included in the scope of the Bill.

I turn to the amendments in the name of the noble Lord, Lord Harlech, on the Armed Forces commissioner’s consideration of and consultation with reserves. As I said, our Armed Forces reserves play a vital role in supporting our national security, and we recognise their dedication and value their work and well-being, showing them the same high regard as our regular service personnel. The contribution, skills and commitment of our reserves are essential to our operational strength, and I believe that every Member of the Committee would agree with that. As I said before, I hope that the noble Lord can pass that on to his friends and colleagues.

It is for that reason that reserves are within the scope of the new commissioner. As with regular members of the Armed Forces, members of the reserves will be able to contact the commissioner at any point about general service welfare matters that have arisen in connection with their service, and have those issues considered. That was the point I made to my noble friend Lord Beamish: they can contact the commissioner at any point about general service welfare matters that have arisen in connection with their service. That goes to the point that my noble friend rightly raised.

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Moved by

[Lord Beamish]

24: Clause 6, page 6, line 24, leave out “, except Gibraltar”

[Lord Beamish (Lab)]

I will move it. I thought the noble Lord had got one of his colleagues to move it, but I will do it on his behalf because I have some sympathies with it.

Clause 6 excludes Gibraltar as opposed to the other British Overseas Territories. As a veteran of, I think, every single Armed Forces Act for the last 20 years, I know that this issue comes up every time. I understand—as does the noble Lord, to be fair to him—the unique nature of the Gibraltar regiment. It is a very old regiment; it goes back to 1867. Again, we perhaps think it is just a ceremonial regiment which is seen in Gibraltar itself but, as noble Lords will know, members of the Gibraltar regiment have served in different theatres, including the Balkans, Iraq and Afghanistan, and alongside regular UK forces. They also train with UK forces and are highly thought of by the individuals with whom they deploy.

I know this came up during the passage of, I think, the Armed Forces Act 2011, and again, there was a carve-out for Gibraltar. It comes to a point that I know the Minister will make: that it has to be down to the Government of Gibraltar to adopt the Act to include these individuals. But it puts those individuals at a bit of a disadvantage. If I am correct in remembering the various Acts on which I have served over the years, I think the 2011 Act excluded Gibraltar, but subsequently the Government of Gibraltar incorporated that Act, so they are covered by the existing legislation.

Is it the intention that, if they are excluded from the agreement of the Armed Forces commissioner, we expect the Government of Gibraltar to adopt this Bill, similarly to what they did with the Armed Forces Act 2011? Without that, it would be wrong to exclude these individuals. As I said, they have deployed with great honour alongside UK forces.

The noble Lord, in tabling his amendment, wanted to find out what the intentions of the Government were for the Royal Gibraltar Regiment. We cannot have individuals being deployed alongside members of the regular Armed Forces of the UK without being subject to the same rights that other members will have.

I understand that the clause also covers any other overseas territories so, again, I would like to understand what that will mean in terms of difference. I understand the particular nature of Gibraltar, but what will that mean for the other overseas territories’ forces and their ability to use the Armed Forces commissioner for any issues that arise? I beg leave to move the amendment.

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[Lord Coaker (Lab)]

I congratulate my noble friend Lord Beamish for his outstanding realisation that he was moving the amendment and for swiftly jumping to his feet to put forward some very important points.

Given that this matter is legal and technical, I shall read out the legal points, because some very important points are contained within them. The relevant piece that we are looking at is the extent points in Clause 6; that is what we are referring to. Although it is very technical and legal, is quite an important part of the Bill.

Amendment 24 relates to the application of the Bill to Gibraltar, and I thank the noble Lord, Lord Lancaster, for tabling it and my noble friend Lord Beamish for introducing it. It seeks to include Gibraltar alongside the other British Overseas Territories in the permissive extent clause of the Bill. While I understand that the noble Lord may be concerned about the exclusion of Gibraltar, I shall give him some reassurance.

My colleague, the Minister for the Armed Forces, met the Chief Minister of Gibraltar towards the end of last year. He was very welcoming of the Bill and confirmed that he is content to legislate in the Gibraltar Parliament on Armed Forces matters. In this case, UK and Gibraltar officials will now take steps to mirror the UK legislation in Gibraltar law, thereby continuing to demonstrate the close co-operation and collaboration between the UK and Gibraltar on all defence matters.

I take this opportunity to thank my noble friend Lord Ponsonby, who has responsibility for the Crown dependencies and overseas territories, for his recent letter to the MoD on these matters, in which he praised the approach of the department and expressed a desire to promote this across government.

I reassure the noble Lord and my noble friend Lord Beamish that although the Bill will not extend to Gibraltar, it will still apply to UK service persons subject to service law, and their families, wherever they are in the world. Members of a British Overseas Territories force, including the Royal Gibraltar Regiment, are subject to service law when undertaking any duty or training with UK Armed Forces. That also applies to other overseas territories, as my noble friend mentioned, provided they are subject to service law. It will also apply to UK Armed Forces premises worldwide, provided they fall within the required parameters set out in the Bill. I hope that that is of some reassurance to my noble friend, and I respectfully ask him to withdraw the amendment.

[Lord Beamish (Lab)]

I thank my noble friend for that answer. The only thing I will add about Gibraltar is that things move very slowly. Having been the MoD Minister responsible for Gibraltar, I know that things do not move quickly. The Armed Forces Act 2011 was not signed into Gibraltar law until 2018. If the chief Minister has given a commitment that this will take less time than it took to enact the Armed Forces Act 2011, then, with that and my noble friend’s explanation, it has been worth having this debate. We have had it for every single Armed Forces Bill—certainly that I have been involved in. On behalf of the noble Lord, Lord Lancaster, who owes me a large drink for moving his amendment, I beg leave to withdraw it.

Amendment 24 withdrawn.