Armed Forces Bill

Lord Lexden Excerpts

Committee stage
Wednesday 27th October 2021 Grand Committee

[Lord Coaker (Lab)]

We are getting used to various constituencies. I expect the Minister to come forward with Scottish towns for us to compare with Welsh ones.

This is another important group of amendments. I shall speak also to Amendments 10 to 13. I thank the noble Baroness, Lady Brinton, for signing up to the amendments in this group, which expand the definition of the covenant to include more policy areas. Oh, I think I can hear her speaking remotely. It is nice, because in the other place you get used to barracking, so it makes you feel a bit more at home.

We all believe that the Armed Forces covenant represents a binding moral commitment between government and service communities, guaranteeing them and their families the respect and fair treatment that their service has earned. Clause 8 places a duty on specified persons or bodies to have due regard to the principles of the covenant, if they are exercising a relevant housing, education or healthcare function. However, service charities are rightly concerned that the scope is too narrow, containing nothing specific on issues such as service accommodation, employment, pensions, compensation, social care, criminal justice and immigration. The service charities themselves have pointed out that this narrow focus could create a two-tier Armed Forces covenant.

The Government’s own press release announcing the Bill stated that it would

“ensure armed forces personnel, veterans and their families are not disadvantaged by their service when accessing key public services.”

It stated that it would

“embed the Armed Forces Covenant into law by introducing a legal duty for relevant UK public bodies to have due regard to the principles of the Covenant, a pledge to ensure the UK Armed Forces community is treated fairly.”

That is an excellent statement by the Government, but despite this promise there is a wide chorus of concern that Ministers have failed to follow that through. Help for Heroes said that

“by limiting the scope of the legislation to Healthcare, and some aspects of Housing and Education, rather than the full reach of the Covenant, many issues of vital concern to veterans … within the criminal justice system”

could be excluded. It added that:

“The absence of social care is a significant issue”.


The Army Families Federation said:

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


The Royal British Legion called on the Government to extend the Bill to cover

“employment, pensions, compensation, social care, criminal justice, and immigration,”

and the Naval Families Federation said that it would

“welcome a widening of the scope to include all aspects of the Armed Forces Covenant.”

I have tabled the amendments in this group so that the Government are able to fulfil their own promises to service communities but also to take account of the very real concerns that so many military charities have raised. Amendments 8, 10, 11 and 12 do exactly what they say: they expand the scope of the covenant in the Bill to include employment, pensions, compensation, social care, criminal justice and immigration. It would be interesting to know why the Minister is opposed to that.

Amendment 13 is perhaps less explicit but has the same intention. It requires 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, again for employment, pensions, compensation, social care, criminal justice and immigration. I expect that the Minister will say that the Government have chosen the scope of the covenant duty carefully and in consultation with the Armed Forces community, and that they think that these issues will make the greatest improvements to family life. Indeed, they will make some difference. However, the Royal British Legion has said that the Government have not produced any statistical or other evidence for this position and that it is not aware of any specific consultation with the Armed Forces community which resulted in that conclusion. I would be interested in the Minister clarifying that point.

The near unanimous evidence submitted to the House of Commons Select Committee on the Bill showed that those working with the covenant on a day-to-day basis are clear that the policy scope is too limited and does not reflect the reality of the issues presented or their complexity and, indeed, interaction. Evidence from users of the Veterans’ Gateway, which is part funded by the MoD, shows that finance and pensions top the list of issues raised, and the Government themselves have publicly claimed employment to be the most critical issue affecting veterans’ life chances. The legislation must be wide enough to ensure that all areas of potential disadvantage are addressed and that the postcode lottery on veterans’ access to services is addressed. I will be interested in the Minister’s response.

I want to pick up on one other point related to Clause 8. The Delegated Powers Committee has called for regulations defining “relevant family member” to be subject to the affirmative resolution procedure. Can the Minister confirm or otherwise whether the Government intend to accept that recommendation? I beg to move.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

Does the noble Lord intend to move his amendment?

[Lord Coaker (Lab)]

I apologise—I thought I had. I beg to move.