Armed Forces Bill

Lord Coaker Excerpts

2nd reading
Tuesday 7th September 2021 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I thank the Minister for her usual clear and helpful introduction to this legislation, which the House will appreciate. It is a privilege to speak for Her Majesty’s Opposition on this Armed Forces Bill, so I join the Minister in her comments.

The Armed Forces Bill provides Parliament with an essential opportunity every five years not only to renew the legal underpinning for the Armed Forces but to examine how we can improve the lives of, and protections and support for, personnel and their families through legislative change. I make it clear that Her Majesty’s Opposition stand firmly behind our brave service personnel and their families, and we strongly believe that the law should be on their side. That is why I say to the Minister that we support the principles behind the Bill and indeed the Bill itself, and welcome steps to create a legal duty to implement the principles of the covenant and the key elements of the Lyons review.

However, there are many both in and outside the House who believe that the Government could and should go further. Therefore, our main priority will be to work with others cross-party to improve the legislation where appropriate and to challenge the Government on certain points in order to seek further clarity. Our forces communities are themselves determined that the Bill should not be a missed opportunity, so we will bring forward amendments in good faith to reflect these calls where we believe the Bill could be strengthened.

First, we need to place the Bill in context. The UK is currently facing a rapidly changing security environment, threats are multiplying and diversifying, democracy itself is under pressure and technology is changing warfare for ever.

As the Minister acknowledged, we also debate this legislation on the back of the Afghan withdrawal. Afghanistan, whatever the rights and wrongs, has demonstrated how quickly situations can change, with serious consequences for the UK and our allies. I join the Minister and, I know, everyone across the House in noting the bravery of our personnel and their professionalism during the evacuation, which has been incredible and, once again, awe-inspiring. Alongside them were embassy staff, diplomats and many other personnel, including many of our Afghan colleagues who stayed with us until the end. We are used to this brilliance, but we must never take it for granted. We thank them for everything they have done and recognise that our troops are a great source of pride for our country, as they should be.

However, as the Minister herself acknowledged, we cannot escape what has happened, as withdrawal has raised questions about the future and what the Government’s Global Britain actually means, nor how the trauma of recent scenes will not end for our personnel and Afghans now that the main evacuation is over. As I said, we owe them a huge debt of gratitude, along with a moral obligation to continue to support serving personnel, veterans and former local staff. Combat Stress pointed out recently that, not unexpectedly, perhaps, calls to its helplines doubled in August. In the light of that, we will work with the Minister to suggest where the Bill may be strengthened and, in particular, to look to ensure how the Ministry of Defence continues to provide additional mental health support for those who have been affected by the Afghan withdrawal.

As we turn to the Bill, I am reminded that sometimes the Government’s rhetoric may not match the reality of their actions. The Prime Minister promised not to cut personnel, but the integrated review defence Command Paper is a plan for 10,000 fewer troops. The overseas operations Act promised to end repeat investigations, but focused only on prosecutions, not shoddy investigations, nor a duty of care for troops.

We need to ensure under the Armed Forces covenant that the law fits what we all want to achieve. The Bill introduces “due regard to principles” of the covenant, but what will that mean in practice. How will it be measured? What will enforcement look like? What redress is there for Armed Forces personnel who feel let down? Many of us, including me, would argue that this commitment needs to be broadened. At the moment, it focuses only on healthcare, housing and education. Of course, all of those are important, but the Government need to ask themselves: why not social care, why not employment, why not pensions or, indeed, immigration?

That oversight has been raised by not only people such as me but many service charities and organisations. The Army Families Federation said:

“This limited scope will address only a small proportion of the disadvantages that Army families face”,


while the Royal British Legion said that the scope should be widened to include all matters affecting the Armed Forces community. Help for Heroes said that, as many issues of vital concern to veterans will be excluded, the Bill risks creating a two-tier covenant.

I am sure that the Government will point to proposed new Section 343AF, which allows the Secretary of State to add later by regulation other policy areas and additional persons and bodies to which the “due regard” principle applies, but how often will that be reviewed? What will the consultation process look like?

I was also surprised to see that, while the Bill creates new responsibilities for a wide range of public bodies, from school governors to local authorities, central government is not included. I remember that the noble Lord, Lord Kirkhope, for example, questioned that oversight during the Afghanistan debate late last month. Why are Ministers not including central government within the Bill?

The Armed Forces covenant represents a binding moral commitment between government and service, but also between the public and our Armed Forces and communities, guaranteeing them and their families the respect and fair treatment their service has earned, suffering no disadvantage. That is why the scope of the legislation must be wide enough to ensure that all areas of potential disadvantage are addressed, and we will be tabling amendments to probe the Government’s thinking.

What about the Government’s stated objective to improve the service justice system, ensuring that personnel have a clear, fair and effective route to justice wherever they are operating? That is on the back of the Lyons review, which, as the Explanatory Notes state, was carried out with the aim of ensuring the service justice system's effectiveness. We welcome efforts to implement key recommendations of the Lyons review, particularly the creation of an independent service police complaints commissioner, which will ensure greater oversight and fairness in service justice cases. But the Government should clarify—to be fair, the Minister attempted to do this in her remarks—why they have not adopted the Lyons recommendation that civilian courts should have jurisdiction in matters of murder, rape and serious sexual offences committed in the UK. The Minister will know that the MoD’s own figures show that between 2015 and 2019, the conviction rate for rape cases tried under courts martial was just 10%, while, during the same period, the conviction rate was 59% in civilian courts, with considerably more cases being tried each year.

Indeed, in evidence in other place, the Victims’ Commissioner, Dame Vera Baird QC, said:

“Rape and sexual assault are hugely under-reported, and it is all the harder to report something when you are inside a system that is hierarchical and you may be jeopardising your own career”.


The report from the Sub-Committee on Women in the Armed Forces, chaired by Sarah Atherton MP, stated:

“We do not believe that the problems highlighted by the Lyons Review in the handling of sexual offences in the Service Justice System have been fully resolved.”


Again, we will need to explore the Government’s thinking on that in Committee. Therefore, we will be seeking an amendment to the Bill to ensure that court martial jurisdiction should no longer include rape and sexual assault with penetration, except where the consent of the Attorney-General is given. Given that reports such as the Wigston review have highlighted unacceptable levels of sexism, we shall be looking to see how we can strengthen the Bill in that area.

There are many other amendments under which we will seek to pursue the Government and to clarify their thinking in later debates: visas for Commonwealth and Gurkha veterans; a review of the number of people dismissed or forced to resign from the Armed Forces due to their sexuality; the role of Reserves, which I am sure that the noble Lord, Lord Lancaster, will touch on, given his excellent report; and building on the creation of a representative body for the Armed Forces.

Finally, the Minister highlighted those who were dismissed in the past because of their sexuality. I think all of us in this House welcome the Government’s commitment to do something about that. It was a historic wrong which has been too long in the undoing, and I think we would all compliment the Government on doing something about that, but there are many other important issues that we need to discuss.

Her Majesty’s Opposition remain wholeheartedly committed to working across the House to doing all we can for our Armed Forces. Our service communities deserve nothing less. I know that view is shared by everyone, so let us work together to try to achieve it.