Armed Forces Bill

Leo Docherty Excerpts

Committee stage
Wednesday 23rd June 2021 Commons Chamber

[The Chairman]

With this it will be convenient to discuss the following:

Clauses 2 to 6 stand part.

Amendment 7, in clause 7, page 4, line 27, at end insert—

“(4A) Guidance under subsection (3)(a) must provide for charges of murder, manslaughter, domestic violence, child abuse and rape to be tried only in civilian court when the offences are alleged to have been committed in the United Kingdom.”

This amendment would ensure that the most serious crimes – murder, manslaughter domestic violence, child abuse and rape - are tried in the civilian courts when committed in the UK.

Clause 7 stand part.

Amendment 1, in clause 8, page 9, line 19, at end insert—

“(aa) a relevant government department;”.

This amendment, with amendments 2, 3 and 4, would place the same legal responsibility to have ‘due regard’ to the Armed Forces Covenant on central government and the devolved administrations as the Bill currently requires of local authorities and other public bodies.

Amendment 39, in clause 8, page 10, line 2, at end insert—

“and

(g) in relation to accommodation provided to service people in England, a requirement for that accommodation to meet the Decent Homes Standard.”

The intention of this amendment is to ensure that all service housing is regulated in line with the minimum quality housing standard which pertains to whatever part of the United Kingdom that housing is situated in.

Amendment 2, in clause 8, page 11, line 18, at end insert—

“(aa) a relevant department in the devolved administration in Wales;”.

See explanatory statement for Amendment 1.

Government amendment 8.

Amendment 40, in clause 8, page 11, line 38, at end insert—

“and

(e) in relation to accommodation provided to service people in Wales, a requirement for that accommodation to meet the Welsh Housing Quality Standard.”

See the explanatory statement for Amendment 39.

Government amendment 9.

Amendment 3, in clause 8, page 12, line 32, at end insert—

“(aa) a relevant department in the devolved administration in Scotland;”.

See explanatory statement for Amendment 1.

Amendment 41, in clause 8, page 13, line 9, at end insert—

“and

(e) in relation to accommodation provided to service people in Scotland, a requirement for that accommodation to meet the Scottish Housing Quality Standard.”

See the explanatory statement for Amendment 39.

Government amendment 10.

Amendment 4, in clause 8, page 14, line 4, at end insert—

“(aa) a relevant department in the devolved administration in Northern Ireland;”.

See the explanatory statement for Amendment 1.

Government amendments 11 and 12.

Amendment 42, in clause 8, page 14, line 27, at end insert—

“and

(d) in relation to accommodation provided to service people in Northern Ireland, a requirement for that accommodation to meet the Decent Homes standard for Northern Ireland.”

See the explanatory statement for Amendment 39.

Government amendments 13 to 15.

Amendment 6, in clause 8, page 18, line 7, at end insert—

“343AG Section 343AF: report

The Secretary of State must lay a report before each House of Parliament no later than three months after the day on which this Act is passed on how the powers in section 343F (Sections 343AA to 343AD: power to add bodies and functions) will work in practice.”

This amendment would require the Secretary of State to set out how powers in the Bill could be used to widen its scope to address all matters of potential disadvantage for service personnel under the Armed Forces Covenant including employment, pensions, compensation, social care, criminal justice and immigration.

Clauses 8 and 9 stand part.

Government amendments 16 to 23.

Clauses 10 to 13 stand part.

Government amendments 24 to 30.

Clauses 14 to 26 stand part.

New clause 1—Waived fees for indefinite leave to remain for serving or discharged member of the UK armed forces—

“(1) The Immigration Act 2014 is amended as follows.

(2) In section 68, after (11) insert—

‘(12) No fees may be charged in respect of a serving or previously serving member of the UK armed forces, or their family members, applying for indefinite leave to remain under Appendix Armed Forces of the Immigration Rules.’”

This new clause would amend the Immigration Act 2014 to waive the fee for indefinite leave to remain applications for any current or previously serving Members of the UK Armed forces, and their families.

New Clause 2—Duty of care to service personnel—

“(1) The Secretary of State must establish a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations, as defined in section 1(6) of the Overseas Operations (Service Personnel and Veterans Act 2021.

(2) The Secretary of State must lay a copy of the duty of care standard under subsection (1) before Parliament within six months of the date on which this Act is passed.

(3) The Secretary of State must thereafter in each calendar year—

(a) prepare a duty of care update, and

(b) include the duty of care update in the Armed Forces Covenant annual report when it is laid before Parliament.

(4) The duty of care update is a review about the continuous process and improvement to meet the duty of care standard established in subsection (1), in particular in relation to incidents arising from overseas operations of—

(a) litigation and investigations brought against service personnel for allegations of criminal misconduct and wrongdoing;

(b) civil litigation brought by service personnel against the Ministry of Defence for negligence and personal injury;

(c) judicial reviews and inquiries into allegations of misconduct by service personnel; and

(d) such other related fields as the Secretary of State may determine.

(5) In preparing a duty of care update the Secretary of State must have regard to, and publish relevant data in relation to (in respect of overseas operations)—

(a) the adequacy of legal, welfare and mental health support services provided to service personnel who are accused of crimes;

(b) complaints made by service personnel or their legal representation when in the process of bringing or attempting to bring civil claims against the Ministry of Defence for negligence and personal injury;

(c) complaints made by service personnel or their legal representation when in the process of investigation or litigation for an accusation of misconduct: and

(d) meeting national standards of care and safeguarding for families of service personnel, where relevant.

(6) In subsection (1) “service personnel” means—

(a) members of the regular forces and the reserve forces;

(b) members of British overseas territory forces who are subject to service law;

(c) former members of any of Her Majesty’s forces who are ordinarily resident in the United Kingdom; and

(d) where relevant, family members of any person meeting the definition within paragraph (a), (b) or (c).

(7) In subsection (1) “duty of care” means both the legal and moral obligation of the Ministry of Defence to ensure the wellbeing of service personnel.

(8) None of the provisions of this section may be used to alter the principle of combat immunity.”

This new clause will require the Secretary of State to establish a duty of care standard in relation to legal, pastoral and mental health support provided to service personnel involved in investigations or litigation arising from overseas operations.

New clause 4—Report on dismissals and forced resignations for reasons of sexual orientation or gender identity—

“(1) The Secretary of State must lay before Parliament a report on the number of people who have been dismissed or forced to resign from the Armed Forces due to their sexual orientation or gender identity.

(2) The report under subsection (1) must include cases where—

(a) there is formal documentation citing sexuality as the reason for their dismissal; or

(b) there is evidence of sexuality or gender identity being a reason for their dismissal, though another reason is cited in formal documentation.

(3) The report under subsection (1) must include recommendations of the sort of compensation which may be appropriate, including but not limited to—

(a) the restoration of ranks;

(b) pensions; and

(c) other forms of financial compensation.

(4) The report must include a review of the cases of those service personnel who as a result of their sexuality have criminal convictions for sex offences and/or who are on the Sex Offenders Register.

(5) The report must include discharges and forced resignations back to at least 1955.

(6) The first report under subsection (1) must be laid no later than 6 months after the day on which this Act is passed.

(7) The Secretary of State may make further reports under subsection (1) from time to time.

(8) In this section, “sexuality or gender identity” includes perceived or self-identified sexuality or gender identity.”

This new clause requires the Government to conduct a comprehensive review of the number of people who were dismissed or forced to resign from the Armed Forces due to their sexuality and to make recommendations on appropriate forms of compensation.

New clause 6—Duty of care for alcohol, drugs and gambling disorders—

“(1) The Armed Forces Act 2006 is amended as follows.

(2) After section 20(2)(d) insert—

‘(e) the person is dependent on, or has a propensity to misuse, alcohol or drugs.’

(3) After section 20(3) insert—

‘(3A) The Secretary of State has a duty of care to offer a specific pathway for support and treatment for current and previously serving service personnel who experience—

(a) a propensity to misuse, alcohol and drugs,

(b) alcohol or drug dependency, and

(c) gambling disorder.

(3B) The Secretary of State must include in the annual Armed Forces Covenant report—

(a) the number of people accessing treatment and support as set out in section (1), and

(b) the current provisions for rehabilitation facilities for Armed Forces personnel who are experiencing a propensity to misuse or have a dependency on alcohol, drugs and gambling.’”

New clause 7—Indefinite leave to remain payments by Commonwealth and Gurkha

members of armed forces—

“(1) The Immigration Act 2014 is amended as follows.

(2) In section 68 (10), after ‘regulations’ insert “must make exceptions in respect of any person with citizenship of a Commonwealth country (other than the United Kingdom) who has served at least four years in the UK armed forces, or in respect of any person who has served at least four years in the Brigade of Gurkhas, such exceptions to include capping the fee for any such person applying for indefinite leave to remain at no more than the actual administrative cost of processing that application, and”

This new clause will ensure that Commonwealth and Gurkha veterans applying for Indefinite Leave to Remain following four years of service will only pay the unit cost of an application.

New clause 8—Armed Forces Federation—

“(1) The Armed Forces Act 2006 is amended as follows.

(2) After section 333, insert—

‘333A Armed Forces Federation

(1) There shall be an Armed Forces Federation for the United Kingdom for the purpose of representing members of the Armed Forces in the United Kingdom in all matters affecting their welfare, remuneration and efficiency, except for—

(a) questions of promotion affecting individuals, and

(b) (subject to subsection (2)) questions of discipline affecting individuals.

(2) The Armed Forces Federation may represent a member of the Armed Forces at any proceedings or on an appeal from any such proceedings.

(3) The Armed Forces Federation shall act through local and central representative bodies.

(4) This section applies to reservists of the Armed Forces as it applies to members of the Armed Forces, and references to the Armed Forces shall be construed accordingly.

333B Regulations for the Armed Forces Federation

(1) The Secretary of State may by regulations—

(a) prescribe the constitution and proceedings of the Armed Forces Federation, or

(b) authorise the Federation to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision—

(a) with respect to the membership of the Federation;

(b) with respect to the raising of funds by the Federation by voluntary subscription and the use and management of funds derived from such subscriptions;

(c) with respect to the manner in which representations may be made by committees or bodies of the Federation to officers of the Armed Forces and the Secretary of State; and

(d) for the payment by the Secretary of State of expenses incurred in connection with the Federation and for the use by the Federation of premises provided by local Armed Forces bodies for Armed Forces purposes.

(3) Regulations under this section may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate, including provisions adapting references in any enactment (including this Act) to committees or other bodies of the Federation.

(4) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) This section applies to reservists of the Armed Forces as it applies to

members of the Armed Forces.’”

This new clause would create a representative body for the Armed Forces, akin to the Police Federation, which would represent their members in matters such as welfare, pay and efficiency.

New clause 9—Investigation of allegations related to overseas operations—

“(1) In deciding whether to commence criminal proceedings for allegations against a member of Her Majesty’s Forces arising out of overseas operations, the relevant prosecutor must take into account whether the investigation has been timely and comprehensively conducted.

(2) Where an investigator of allegations arising out of overseas operations is satisfied that there is sufficient evidence of criminal conduct to continue the investigation, the investigator must within 21 days refer the investigation to the Service Prosecuting Authority with any initial findings and accompanying case papers.

(3) An investigation may not proceed after the period of 6 months beginning with the day on which the allegation was first reported without the reference required in subsection (2).

(4) On receiving a referral under subsection (2), the Service Prosecuting Authority must either—

(a) order the investigation to cease if it considers it unlikely that charges will be brought, or

(b) give appropriate advice and directions to the investigator about avenues of inquiry to pursue and not pursue, including—

(i) possible defendants to consider,

(ii) possible explanations to consider for the circumstances giving rise to the investigation, and

(iii) overseas inquiries and seeking the help of overseas jurisdictions.

(5) Where the investigation proceeds, the Service Prosecuting Authority must monitor and review its progress at intervals of three months and must on each review make a decision in the terms set out in subsection (4).

(6) On the conclusion of the investigation, the investigator must send a final report with accompanying case papers to the Service Prosecuting Authority for the consideration of criminal proceedings.

(7) After receipt of the final report, the facts and circumstances of the allegations may not be further investigated or reinvestigated without the direction of the Director of Service Prosecutions acting on the ground that there is new compelling evidence or information which might—

(a) materially affect the previous decision, and

(b) lead to a charge being made.

(8) The Judge Advocate General may give Practice Directions as he or she deems appropriate for the investigation of allegations arising out of overseas operations.

(9) For the purposes of this section—

‘case papers’ includes summaries of interviews or other accounts given by the suspect, previous convictions and disciplinary record, available witness statements, scenes of crime photographs, CCTV recordings, medical and forensic science reports;

‘investigator’ means a member of the service police or a civil police force.”

That schedule 1 be the First schedule to the Bill.

That schedule 2 be the Second schedule to the Bill.

Government amendments 31 to 38.

That schedule 3 be the Third schedule to the Bill.

That schedule 4 be the Fourth schedule to the Bill.

That schedule 5 be the Fifth schedule to the Bill.

[The Minister for Defence People and Veterans (Leo Docherty)]

It is a privilege to speak to the Armed Forces Bill before a Committee of the whole House. Indeed, it is fitting that the Bill should come before the Committee during Armed Forces Week, when we celebrate and commemorate Her Majesty’s armed forces.

Before speaking to the Bill, I want to express my gratitude to the members of the Select Committee on the Armed Forces Bill, some of whom are here today, and to thank them for their rigorous and professional approach to the work of that Committee. I commend their published report.

In simple terms, the Bill’s primary purpose is to renew the Armed Forces Act 2006—

[Stuart Anderson (Wolverhampton South West) (Con)]

Will my hon. Friend give way?

[Leo Docherty]

I will.

[Stuart Anderson]

I thank the Minister for giving way. I wanted to get in early to mention the armed forces covenant, which means a lot to me, as I will explain later.

We have many proud veterans in Wolverhampton who have given so much for this country, and the armed forces mean loads to them. When the diary permits, will my hon. Friend come to Wolverhampton to meet those veterans and hear at first hand what the covenant means for their lives?

[Leo Docherty]

I thank my hon. Friend for his intervention, and I would be delighted to accept an invitation to Wolverhampton. I acknowledge and applaud the magnificent work he does in Wolverhampton to support his veterans. I hope the Bill is well received by them, and we thank them for their service.

The Bill will deliver improvements to the service justice system and, most importantly, it delivers on our commitment to enshrine the armed forces covenant in law.

[Ian Paisley (North Antrim) (DUP)]

I thank the Minister for giving way so early in his speech. Unlike the hon. Member for Wolverhampton South West (Stuart Anderson), I can say that I was delighted to see the Minister when he came to Northern Ireland last week. I am glad that Northern Ireland got ahead of Wolverhampton on the issue—no offence to my colleague.

Will the Minister spell out clearly at this early stage that veterans in Northern Ireland will be treated equally to veterans from any other part of the United Kingdom, and that no impediment will be allowed to get in the way of veterans being treated fairly and equitably across the United Kingdom, which they should and must be? Will he assure us that the legacy issues will be brought before the House before it rises for the summer?

[Leo Docherty]

I thank the hon. Gentleman for his intervention. I was very pleased last week to meet several veterans’ groups, both of home service and of overseas service, to hear about their experiences. The Government are committed to driving towards parity of provision for all veterans, whether they be of home service or overseas service. In terms of legacy issues, he will know that work is ongoing within the Northern Ireland Office, and the Government are absolutely committed—and full of resolve—to delivering the closure that our veterans need with honour and finality.

[Ian Paisley]

I really appreciate what the Minister is saying. He knows how vital this issue is. I do not underestimate the Government’s commitment, but I am concerned about the dead hand of officials and political activists in Northern Ireland. Will there be finality on this matter in July? Will a statute of limitations be introduced then?

[Leo Docherty]

I cannot get into the timing, and it would not be useful for me to do that at this time. I know that work is continuing apace and that it is a top priority for both the Prime Minister and the Northern Ireland Office. I share the hon. Gentleman’s sense of urgent desire to see this delivered.

The covenant was introduced in its current form a decade ago, and it has undoubtedly had an enormous and very beneficial impact for many within our service community. However, too often, the experience of the covenant depends on where someone lives, so more does need to be done. The Bill delivers for our service personnel and veterans by, for the first time ever, creating a duty for relevant public bodies across the whole of the United Kingdom to pay due regard to the principles of the covenant in the areas of housing, healthcare and education. The Bill represents a significant milestone and delivers on a key manifesto commitment to enshrine further the covenant into law.

In the area of housing, the duty will cover those bodies that are responsible for social housing, homelessness policy and the administration of disabled facilities grants, which can be vital for injured veterans. In education, we know that our service families sometimes face challenges due to their mobile lifestyles in accessing suitable school places for their children, including those with special educational needs. The duty will therefore ensure that the needs of service children are properly understood. In healthcare, much has already been achieved, but service families and veterans still sometimes experience disadvantage, often caused by their mobility or by healthcare requirements resulting from service. The duty will apply to all bodies that are responsible for commissioning and delivering healthcare services across the UK. Housing, healthcare and education are the essential areas, but to future-proof the Bill there is a provision to allow the scope of the duty to be expanded beyond those areas.

[Mr Kevan Jones (North Durham) (Lab)]

Will the Minister give way?

[Leo Docherty]

I am delighted to give way.

[Mr Jones]

When the Command Paper was launched in 2005 by Bob Ainsworth, we had cross-Government work and armed forces champions in Departments because it was about central Government standing up to help veterans as well. Why, therefore, does the scope of the Bill exclude central Government Departments?

[Leo Docherty]

It does not need to include Government Departments, because that provision is already made. There are Ministers in every Department holding the lead for veterans’ issues, and the Secretary of State is accountable in his annual report. Therefore, the provision for making central Government accountable is already in place.

[Mr Jones]

The Minister says that, but in effect it is not in place, because there is no redress. I must say that I am disappointed with the powers of redress in the Bill even in the areas where they are included. What are the powers of redress against Departments in respect of the covenant—not in respect of any other type of complaint there might be? How would a veteran ensure that the covenant was implemented by the Department of Health and Social Care at a national level, and what redress is there?

[Leo Docherty]

The right hon. Gentleman knows that, in terms of all national provision, Ministers are accountable, as I am being accountable right here, right now. What we are dealing with today is the local provision. If individuals feel that they have not had adequate provision and are disadvantaged, they could pursue the route of judicial review in the worst case. We believe that, at the local level, most local authorities want to get this right, and we are just laying out best practice examples for them to follow.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

Will the Minister give way?

[Leo Docherty]

I will give way one last time before I make some significant progress.

[Jamie Stone]

Can the Minister give me the same reassurance when it comes to Departments in the devolved Administrations, such as the Scottish Government?

[Leo Docherty]

Absolutely I can, and I am very pleased to.

I turn to the technical amendments. Amendments 8 to 15 relate to the armed forces covenant, amendments 16 to 23 and 31 to 38 amend the service complaints provisions, and amendments 24 to 30 relate to the provision on driving disqualification.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

Will the Minister give way?

[Leo Docherty]

I am delighted to give way to my right hon. Friend.

[Dr Murrison]

Can the Minister confirm, before he gets technical, that the overriding consideration in all this is that servicemen, servicewomen and their families should suffer no disadvantage by virtue of their military service? There will be test cases arising from the guidance to which he has referred in which people say, “Look, I’ve been disadvantaged because I’m in the armed forces.” The acid test has to be what they would have got from the system if they had not been serving. Surely that is the guiding star in all this.

[Leo Docherty]

My right hon. Friend is absolutely correct. That is the fundamental basis of all this, and that is at the heart of the statutory guidance. We are confident that local authorities will bear that in mind in the way they afford provision in the critical areas that I have described, but of course there may be test cases and we will take note of them if they arise.

A number of Opposition amendments and new clauses have been tabled. I want to concentrate on the key ones that specifically relate to the service justice system and the armed forces covenant. Amendment 7 seeks to ensure that the most serious crimes are automatically tried in the civilian courts when committed by a serviceperson in the UK, thereby undermining the current legal position that there is full concurrent jurisdiction between the service and civilian justice systems. The amendment would mean that the most serious offences, when committed in the UK, could never be dealt with in the service justice system, even though the Lyons review recommended that the most serious offences could and should continue to be tried in the service justice system with the consent of the Attorney General.

The Government have a more pragmatic approach. We are confident that the service justice system is capable of dealing with all offences, whatever their seriousness and wherever they occur, bolstered by improvements recommended by the Lyons review, such as the creation of the defence serious crime unit and improvement to the support to victims. The service police, prosecutors and judiciary are trained, skilled and experienced. Victims and witnesses receive comparable support to the civilian system, for example through the armed forces code of practice for victims of crime, which we continue to keep updated in line with civilian practices. The amendment would remove the valuable role of independent prosecutors in allocating cases to the most appropriate jurisdiction.

Clause 7 improves and strengthens the protocol between service and civilian prosecutors to determine where cases are tried. That improvement will bring much-needed clarity on how decisions on jurisdiction are made and will ensure transparency and independence from the chain of command and Government. To be clear, the aim of this approach is not to increase the number of serious crimes being tried in the court martial. The civilian prosecutor will always have the final say. I therefore urge the Committee to reject amendment 7.

Amendments 1 to 4 would create a duty on central Government and devolved Administrations. Clause 8, as it stands, covers public functions in healthcare, housing and education exercised by the local or regional bodies that are responsible for those services. Those are the key areas of concern for our armed forces community. Central Government’s delivery of the covenant is regularly scrutinised, as I referred to in my answer to the right hon. Member for North Durham (Mr Jones), and the Armed Forces Act 2006 requires the Secretary of State for Defence to lay an annual report before Parliament. Devolved Administrations and other bodies are given an opportunity to contribute their views to that report. That duty to report will remain a legal obligation, and it remains the key, highly effective method by which the Government are held to account for delivery of the covenant.

Amendments 39 to 42 seek to ensure that all service housing is regulated in line with the local minimum quality. These amendments are unnecessary because, in practice, 96.7% of MOD-provided service family accommodation meets or exceeds the Ministry of Housing, Communities and Local Government’s decent homes standard. The amendments would introduce an unhelpful disparity across the UK and would not achieve their intended effect, because local authorities that fall within the scope of the current duty are not responsible for the provision of service accommodation, so these amendments should be withdrawn.

The provision of high-quality subsidised accommodation remains a fundamental part of the overall MOD offer to service personnel and their families. Over the past decade, we have invested £1.2 billion in single living accommodation and another £1.5 billion will be invested over the next 10 years. Additionally, we are rolling out the future accommodation model to improve choice, and I am pleased to report that the forces Help to Buy scheme has helped more than 24,000 personnel to buy a new home over the past seven years.

New clause 9 seeks to introduce artificial timelines for the progress of investigations. These are operationally unrealistic. They do not take account of the nature of investigations on overseas operations and could put us in breach of our international obligations, including under the European convention on human rights, to effectively investigate serious crimes. The right hon. Member for North Durham will be aware, following my letter to him on 7 June, that the detail of this new clause has been provided to Sir Richard Henriques for consideration as part of his review into investigations, and I am confident that Sir Richard will consider this matter very carefully.

[Mr Kevan Jones]

I thank the Minister for his letter, but let us be honest, we are in this mess because of his predecessor, the hon. Member for Plymouth, Moor View (Johnny Mercer), who promised that the issues around time limits and investigations would be in this Bill. When I address my amendments, I shall read them out at length. I welcome the fact that they have been referred to Judge Henriques, but the question is: when will they then be implemented? Are we going to have to wait another five years for a new armed forces Bill before that happens? Otherwise, the Minister is going to have to find legislative time to implement them. There is an opportunity to do it now and, frankly, we should do it now.

[Leo Docherty]

I am grateful for the right hon. Gentleman’s intervention. I think we have to wait and see what Sir Richard Henriques reports. It is not appropriate to propose changes while his review is ongoing, so we will wait and see, and we will respond when he formally reports.

[Mr Jones]

Will the Minister give way?

[Leo Docherty]

Yes, I would be delighted to give way before I crack on and make progress.

[Mr Jones]

I accept what the Minister is saying, but his predecessor promised, when he got into a real mess on the Overseas Operations (Service Personnel and Veterans) Bill, that this issue would be addressed in this Bill. It is clearly not going to be, and has now been kicked into the review. My concern is the real issues that will leave members of the armed forces open to vexatious accusations for another five years. The only way to deal with that would be to find legislative time to bring in a new Bill, but I urge the Minister to just do it now.

[Leo Docherty]

We have to do it the right way round. We totally acknowledge the central importance of getting investigations right in terms of delivering for our people. We will not seek to reverse-engineer the schedule of work that is before us; we will wait for Sir Richard Henriques to report, then we will calmly consider the best way forward. What I will commit to today is an absolute resolve to deliver a rigorous and sound investigation system, because it is the lack of such provision that has bedevilled our armed forces people over the last 20 years. We do take this very seriously indeed.

Moving now to new clause 2, the Government take very seriously their duty of care for service personnel and veterans under investigation. This was debated at length in the other House during the passage of the Overseas Operations (Service Personnel and Veterans) Bill, and I have engaged with Lord Dannatt, who tabled the original amendment. I therefore wish to highlight two brief points. First, service personnel are entitled to receive comprehensive legal support; and secondly, a full range of welfare and mental health support is routinely offered to all our people. This support is available both while someone is serving and through the dedicated support to veterans through the NHS’s Op Courage in England and its devolved equivalents. We are striving for a gold standard of care and the Secretary of State’s written ministerial statement on 13 April details the significant progress made.

In the case of veterans, we continue to deliver further improvements through the veterans’ strategy, so new clause 2 is unnecessary and could result in unintended consequences. A duty of care standard risks becoming a one-size-fits-all approach, leaving personnel without the right support at the right time. The difficulties of drafting such a duty of care would inevitably mean the involvement of the courts and additional litigation. We are clear on our duty to provide the correct support to our personnel, both serving and veterans, and I urge the hon. Member for Portsmouth South (Stephen Morgan) to withdraw new clause 2.

[Stephen Morgan (Portsmouth South) (Lab)]

It is a pleasure to speak from the Dispatch Box on this important legislation ahead of Armed Forces Day on Saturday. This Armed Forces Week is a chance to recognise and celebrate the service of our nation’s forces at home and abroad, past and present. Up and down the country, physical and virtual events will be held while the Armed Forces Day flag is flying proudly on buildings and famous landmarks around the UK. I was delighted to attend the flag-raising ceremony here in the House on Monday, where Mr Speaker set an example by signing the covenant. I look forward to events this weekend in my home city of Portsmouth, the heart and home of the Royal Navy.

Today is also Reserves Day, so I would like to take the opportunity to celebrate their contribution to our national defence and resilience. This year in particular has seen reservists contribute to the covid support force, providing medical and logistical support, as well as deploying skills from their professional lives. They remain a unique asset, the hidden heroes among us, balancing work and training. It is vital that they are better integrated into our forces.

It is timely that the Bill comes back before the House today. Labour supports our armed forces and welcomes the principles behind the Bill, which provides a rare opportunity for the Government to deliver meaningful improvements to the day-to-day lives of our forces’ personnel, veterans and their families. Its unusual legislative journey means that we have had a chance to consider it in detail and have a genuine cross-party discussion on how improvements can be made. That is the spirit in which Labour has approached the Bill. We have worked with service personnel, veterans, service charities and colleagues from across the House to get the very best for our forces in this once-in-a-Parliament piece of legislation.

I want to pay tribute to the local authorities, service providers, charities and voluntary organisations that are working hard to make the covenant a reality across the United Kingdom. I also want to thank those who served alongside me on the Bill Select Committee and the hon. Member for Bracknell (James Sunderland) for his leadership in the Chair. Despite that considered and expert input, however, the Government have consistently refused to hear and address fundamental concerns about the Bill. In doing so, they are missing an opportunity to deliver real improvements to the day-to-day lives of service personnel, veterans and their families. Labour’s amendments offer Ministers a fresh opportunity to get that right.

Turning to amendments 1 to 4 and 6, first, evidence from charities such as the Royal British Legion and those delivering services for veterans on the ground has reinforced Labour’s concerns that the Bill is too weak and too narrow. The Bill piles new and vague legal responsibilities to deliver the covenant on a wide range of public bodies, but mysteriously they do not apply to central Government. In practice, this would create a farcical reality where a chair of school governors has a legal responsibility to have due regard to the armed forces covenant, but Government Departments, including the Ministry of Defence, do not. As the Legion itself has pointed out, many of the policy areas in which members of the armed forces community experience difficulty are the responsibility of national Government or based on national guidance. Ministers must not be allowed to outsource the delivery of important promises in the armed forces covenant. Also, the Bill’s limited focus on housing, healthcare and education risks creating a two-tier covenant. This could start a race to the bottom on standards in other areas and will bake in the existing postcode lottery on access to services. Social care, pensions, employment and immigration are among the long list of areas we know will not be covered by this once-in-a-Parliament piece of legislation as it stands.

--- Later in debate ---

[Jim Shannon]

I thank the hon. Lady for her intervention and wholeheartedly agree that there are things to do. I hope the Minister will respond to her, and also to me, because I endorse what she has said. It is obvious to me that whenever issues are brought to the attention of Ministers and the Ministry of Defence, things do happen—for instance, the status of the Afghan translators has been changed owing to perseverance and lobbying inside and outside the House—and I suggest that if there is an anomaly to be addressed, we should do that. The way to do it is for our Minister to respond, and I hope he will do so.

Let me return to the fee, which stands at £2,389 per person, despite the unit cost to the Home Office of processing an application being just £243. I always try to be respectful in the Chamber, but when I see figures of £243 and £2,389, I wonder to myself, “Where’s the money going?” For a family of four, the fee would be £9,556. People do not move on their own; they move as part of a family, so I believe consideration should be given to all the family.

I agree that the Government have found some way to acknowledge the debt in that they have proposed dropping fees for personnel who have served more than 12 years, but that does not include any provision for the families, I understand. If the Minister is able to reassure me on the matter, I will be more than happy to respect that.

This must change, and I fully support new clauses 1 and 7 with respect to those who fight to protect these shores. We cannot refuse entry by way of fees, which could take years to save, and perhaps more years to pay off. This small step could change lives and bring working families to enjoy what they have served to uphold. When someone serves, it is not simply their life that is changed; it is the life of the entire family. That is the issue. During the urgent question on vaccinations earlier today, I made a point about families to the Minister for the Armed Forces, the hon. Member for Wells (James Heappey). It is not just one person who is involved, but a family, and often a family of four or more. The immediate family must be part of the equation at all levels.

I welcome some of the work that has been done in relation to veterans. I have a deep interest in veterans owing to the service rendered by my Strangford constituents. Many people have joined over the years and some have lived with the problems of post-traumatic stress disorder. I see the hon. Member for Bracknell (James Sunderland) in his place. I thank him for his recent report, which has gone some way to addressing those issues.

I want to make a point about a charity called Beyond the Battlefield. It started 10 years ago in my constituency. There are many charities, but I want to speak about this one. Last year, it looked after 850 veterans. Whether it is benefits issues, social housing, health issues, family issues or legal advice, the help that it gives is incredible. Many people that the organisation helps are those who have fallen under the radar; other charities do not pick them up and they face real problems. In particular, I commend Annemarie Hastings and Rob McCartney for the work they have done through Beyond the Battlefield.

The charity organises a walk at the end of May called “A Big Dander”. If someone goes for a walk or a long run, somewhere at the bottom of that is what we call a dander—just take it at your leisure. Connor Ferguson and Ian Reid covered 430 miles in two days, crossing seven peaks and raising some £15,500. I commend them for that. Beyond the Battlefield survives on contributions and volunteer charity events like that one, and it does tremendous work.

I turn to the armed forces covenant. The hon. Member for Brecon and Radnorshire (Fay Jones) referred to her wish—it is my wish as well—to have the armed forces covenant in situ, not just here on the mainland, but for the whole United Kingdom of Great Britain and in particular Northern Ireland.

In the background information, I see that the Committee “welcomed the Bill’s proposals” and referred to

“the areas of housing, healthcare and education in the last 12 months…the effectiveness of the legislation and comment on future scope…a memorandum to the Defence Committee two years after the legislation is enacted to enable the Defence Committee to conduct post-legislative scrutiny into how the Act has worked in practice.”

I want that covenant for my constituents in Strangford and all those across the whole of Northern Ireland who have served Queen and country in uniform, so that they have the same rights as they would here.

In the same spirit, I lend my support to amendments 39 and 40 on the standard of housing in the armed forces. Family units sacrifice to serve and it is vital that we do right by them. How can we expect a man or woman to serve with focus if they are worried about the housing in which their family reside back home? How can they serve with focus if they are concerned that their child’s asthma—this is one issue that has come to my attention—is worsening because of damp in their housing? The answer is that they cannot. It is their duty to sacrifice for us and they do so willingly. We in this House must do the same for them and address the issue of decent housing for families. It is sad that we need to legislate in this way, but the fact is that some Army housing is not fit for purpose and funding must urgently be allocated for those family homes. I am coming to the end of my contribution, Madam Deputy Speaker.

In my constituency, I have an Army couple—one person from Northern Ireland and one from England—who refuse to put their five-year-old into Army housing, so they private rent. It is not because they want to be better than anybody else. It is because the rented accommodation that they were offered just was not suitable for their child or for them; indeed, I would suggest that it is not suitable for anybody. Given that they have had to private rent, their decent wage is taken up almost in its entirety by rent and childcare.

When we ask people to serve, we take them away from the support of siblings and parents who might be able to mind their children, yet—with great respect—we do not provide enough for them to live comfortably when doing so. It is little wonder that many families choose to split their time by keeping a base in one town to which they travel on weekends and when on leave, and another only for work. One step towards a good working family is providing housing that is fit for purpose that families can live in together and save the money that they can while working on base, and doing away with the use of very costly private rentals.

I am immensely proud of our armed forces, as we all are in this House. We stand in awe of those who serve in uniform, whether in the Royal Navy, the Royal Air Force or the Army. We are so proud of what they have done for us, and I believe that we in this House have to do our best for them, with gratitude for their service and for their families, who are part of that service. We need to give them the best; unfortunately, we are not there just yet.

[Leo Docherty]

I thank all Members who have spoken today for their thoughtful and sincere contributions, and I wish to put on record again my gratitude for the effective chairmanship of the Select Committee on the Armed Forces Bill by my hon. Friend the Member for Bracknell (James Sunderland). I also wish to thank the hon. Member for Portsmouth South (Stephen Morgan) for the constructive tone of his remarks today. He rightly spoke at some length on the historic hurt suffered by those dismissed from military service purely for their sexual orientation—this related to new clause 4. We also heard welcome remarks on that from the hon. Member for Glasgow North West (Carol Monaghan), the right hon. Member for North Durham (Mr Jones), my hon. Friend the Member for Bracknell, the hon. Member for Liverpool, Walton (Dan Carden), who made a moving speech, and the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone). So I want to put clearly on the record the fact that the historical ban on homosexuality in the armed forces was absolutely wrong and there was horrific injustice as a consequence of it. We will go all out to address that injustice. We are resisting new clause 4 today because we believe that if we accepted that, it would complicate our efforts to address at pace this injustice. But getting after this historical hurt and delivering justice for these people is at the heart of our veterans’ strategy, which I will be announcing later this year. I have met Fighting with Pride already to that end. So we will address this injustice with compassion and deep urgency.

Many Members mentioned settlement fees in relation to new clauses 1 and 7. New clause 1 stood in the name of the hon. Member for Caithness, Sutherland and Easter Ross, but other Members spoke to it, including my hon. Friend the Member for Bracknell, the hon. Member for Ceredigion (Ben Lake), my hon. Friend the Member for Burnley (Antony Higginbotham), the hon. Member for Putney (Fleur Anderson), my hon. Friend the Member for Darlington (Peter Gibson), and the hon. Members for Stockport (Navendu Mishra) and for Strangford (Jim Shannon), who also mentioned the cases of Afghan interpreters. I am pleased that they are now coming to our country for the sake of refuge. Let me be clear again that the provisions for settlement fees are out for public consultation, which will conclude on 7 July. I cannot pre-empt what it will find, but I am optimistic and expectant that we will deliver a good and honourable result for those who serve and deserve to be able to settle without exorbitant and unjust fees.

The right hon. Member for North Durham returned to the familiar theme of investigations, and I am pleased to confirm to him this afternoon that Justice Henriques will report by the end of the summer, at which point we will consider with sincerity and rigour the recommendations within that report. I have no doubt that we will communicate further on this subject.

[Mr Kevan Jones]

I have been a Minister in the Ministry of Defence, so will the Minister just clarify what he means by “the summer”, because there is a big difference between what we all know as the summer and what the MOD knows as the summer? Is he referring to what we recognise or will it be later in the year?

[Leo Docherty]

I am pleased to confirm that that means summer this year, not summer next year.

I was pleased to hear from a trio of Welsh MPs: my hon. Friend the Member for Brecon and Radnorshire (Fay Jones), the hon. Member for Ceredigion and my hon. Friend the Member for Ynys Môn (Virginia Crosbie). The hon. Member for Ceredigion questioned whether or not we should have had a legislative consent mechanism in relation to this Bill. I am happy to confirm to him that that is not required—we have taken legal advice on that. My hon. Friend the Member for Brecon and Radnorshire referred to my recent visit to Wales, when I was very pleased to meet veterans and members of the armed forces and to hear about the very important work of armed forces liaison officers in relation to the local delivery of the armed forces covenant. We had discussions about whether or not there is a need for a veterans commissioner for Wales, and I would hope that all three Welsh Members who spoke today would support that notion, because it would, in addition to the armed forces liaison officers, deliver some value for our defence people and our veterans. I urge the Welsh Government, as I will do in future meetings, to look at that very seriously.



We were pleased also to hear from the hon. Member for West Dunbartonshire (Martin Docherty-Hughes), who brought his usual good cheer and sincere interest in defence affairs to the Chamber virtually. My hon. Friend the Member for Burnley referred, quite rightly, to the valued work of the armed forces parliamentary scheme, through the trust. He spoke about the centrality of people to everything we do in defence, and I thought that was very apposite.

My hon. Friend the Member for Bury South (Christian Wakeford) spoke about the breakfast club in Bury, and about the challenges faced by veterans and servicepeople when it comes to alcohol. I have noticed a discernible shift in the drinking culture in the armed forces: it is becoming much less of a thing. During my visit to Wales, I met serving members of 1 Para, who said that the gym is the new bar. That is quite interesting, compared with my experiences as a young soldier 20 years ago. Of course I spent a lot of time in the gym, but I was also committed to time in the bar. I think that culture may be shifting. I will be happy to support my hon. Friend’s efforts in Bury South—if he was in his place, I could give him that personal commitment—and the work of my hon. Friend the Member for Bury North (James Daly) to support veterans at the local level.

The hon. Member for Putney made a fitting tribute to the magnificent Royal Marine reserve unit in her constituency. I can confirm that if she comes to Aldershot, she will see a lot of armed forces personnel cutting around in public, in the garrison and in Tesco. She would be very welcome to do that.

My hon. Friend the Member for Dudley North (Marco Longhi) also mentioned the Armed Forces Parliamentary Trust. My hon. Friend the Member for Darlington and the hon. Member for Stockport mentioned the valuable work that veterans do to support their local communities.

I think we were all moved by the contribution of my hon. Friend the Member for Wolverhampton South West (Stuart Anderson). His moving testimony of his personal experience of the armed forces covenant, both as someone in despair following service and then as an armed forces champion, caught the House’s attention and was very welcome.

Ten years ago, the covenant was relaunched to set out our nation’s promise to honour the immense contribution and commitment of our armed forces people. Ten years on, we are going further still. Anyone who has served their country knows that they should never face disadvantage because of their service. Today, we honour our servicepeople and our veterans. This Bill delivers, and I commend it to the House.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 7 ordered to stand part of the Bill.

Clause 8

Reserve forces: flexibility of commitments

Amendment proposed: 1, in clause 8, page 9, line 19, at end insert—

“(aa) a relevant government department;”—(Stephen Morgan.)

This amendment, with amendments 2, 3 and 4, would place the same legal responsibility to have ‘due regard’ to the Armed Forces Covenant on central government and the devolved administrations as the Bill currently requires of local authorities and other public bodies.