Lord Stirrup
Main Page: Lord Stirrup (Crossbench - Life peer)Department Debates - View all Lord Stirrup's debates with the Ministry of Defence
(3 weeks, 4 days ago)
Lords ChamberMy Lords, I say at the outset that I support this Bill and that I am very grateful to the Minister for the consultations that he has already held regarding the background to and purpose of the legislation. At this point, I have just a few concerns on which I should welcome his further clarification.
The first concern is with regard to an issue which he himself has raised: the extent to which the Bill’s proposals will lead to real change for our Armed Forces. Take accommodation as an example. I should be very surprised if a commissioner did not see the need to look into this aspect of service life. Numerous attitude surveys have made clear over a number of years how the poor standard of housing, particularly for single people, has affected morale and, in turn, retention. I have seen for myself some of the failings in this area and the desperate measures to which some local commanders have been driven.
Having said as much, it is patently clear that we do not need an Armed Forces commissioner to tell us about the problem. But despite us being all too aware of the issue, the problem remains. It is, of course, essentially a matter of funding. If a future commissioner were to produce a report on this matter and it had as little effect on the ground as we have seen so far, people might begin to wonder what the point was. If this legislation is to be successful, it is essential that the circle be closed—that identification leads to rectification. I know the Minister shares this view, but I wonder how the MoD intends to give effect to his good intentions. Perhaps he can enlighten us—if not today then as the Bill continues its passage through the House.
The second point is the method by which people will engage with the commissioner. We have had a Service Complaints Ombudsman for some time, but one of the key drivers of the Bill has been the ombudsman’s criticism of the complaints procedure. This is part substance and part perception. I do not believe that the chain of command is quite as protectionist as some claim. I accept that there might be a closing of the ranks in a few cases, but commanders are in general anxious to ensure the welfare of their people. There is, however, a sense that those same commanders sometimes act as judges in their own causes. This gives rise to a perception of unfairness, and it can make subordinates feel that complaining will damage their career prospects, as the noble Baroness, Lady Goldie, observed.
These are good reasons for introducing a system that has a much greater degree of independence, but people will need to be convinced that the degree of independence is sufficient to protect them from what they might see as the risks of complaining. I know that some have suggested that the commissioner’s independence would be compromised from the outset, since he or she would be appointed by, dismissible by and report to the Secretary of State. I do not share that view, but I should be grateful if the Minister could say what thought is being given to the way complainants will gain entry to the system. In the other place, the Minister responding for the Government said that it would be for the commissioner to decide how people access them. That seems rather vague. Surely some consideration has been given to an issue that will be central to the success of the proposed arrangements.
My final point is on the potentially vexed issue of access. As we have heard, the Bill gives the commissioner power to view premises, observe activities, inspect and copy documents, inspect equipment, take measurements and photographs, and so on. These are very wide-ranging powers. The Bill goes on to say that, in exercising them, the commissioner should give notice to the Secretary of State, but only within such a period as the commissioner deems reasonable and not if they consider that the giving of such notice would defeat the purpose of the investigation. As the Minister noted, the Bill does indeed say:
“The Secretary of State may prevent or restrict the Commissioner’s exercise”
of their powers
“in the interests of national security”,
but the Secretary of State will not always have the necessary details—not in time, at any rate—to exercise such a veto effectively. Within the military, many premises and documents are, and much equipment is, highly classified, and access to them is very limited, even among currently serving personnel. It is inconceivable that a commissioner should be able to override such restrictions.
When I was a station commander, a very long time ago, the Secretary of State would not have had a clue which parts of my command were sensitive and which were not. What would have happened had a commissioner descended on me at short notice and then demanded access to such an area? As proposed, I would have had no power to deny them. I realise that this will not be an issue in very many cases—including the example of accommodation that I cited earlier—but thematic issues may well be raised to the commissioner that concern working environments, and here security may well become a serious concern.
I understand the need to prevent people using security as a shield against investigation. On the other hand, security is one of the fundamental principles of war, and we neglect it at our peril. Some might argue that we could leave this up to the good sense of the commissioner. I do not suggest for one moment that the commissioner would lack good sense, but I simply cannot accept that such an issue can be left to chance. I agree with the noble Baroness, Lady Goldie, that the Bill itself needs to address this more effectively.
Let me stress that I make these comments with the intent of improving, rather than undermining, the very welcome Bill, which has my strong support, and I know that the Minister will view them in that light. I look forward to working with him on these issues as the legislation goes forward.
Lord Stirrup
Main Page: Lord Stirrup (Crossbench - Life peer)Department Debates - View all Lord Stirrup's debates with the Ministry of Defence
(1 week, 4 days ago)
Grand CommitteeThe noble Baroness makes a reasonable point, which is why I said at the start of my remarks that I understood the intent behind what she is trying to achieve. Without getting distracted, the challenge that we face at the moment is a crisis not of recruitment but of conversion. One of our biggest challenges is that we have a conversion rate—forgive me if this figure is not quite right—of about 13 or 14 to one in the Army and about 20 to one in the Army Reserve. The challenge is in the process of recruitment and the time that it takes. I am straying beyond my role here today, but I can assure the noble Baroness that the Armed Forces are seeking to address that. Those who are frustrated in that process probably should have the ability to have redress, but I am not sure that this process is the right one.
My Lords, I too am persuaded that Amendment 2 is not necessary, but, with an eye to what one might consider bringing forward on Report, could I take the opportunity to ask the Minister to reflect a little more widely than simply the recruitment process and go into some detail on recruit training? Recruit training will be covered by the Armed Forces commissioner, but it is as a blanket coverage just like everything else.
But we are only too well aware of the serious concerns that exist about the abuse of recruits undergoing training. This is a particularly serious problem that, in my view, needs to be looked at outwith the general subject of the treatment of people in the Armed Forces. Why do I say that? Recruit training is and must be a tough and stressful endeavour. It has to turn civilians into effective members of a military organisation. It has to forge new bonds of loyalty and duty, and that will never be an easy or gentle process. But, simply because of that, recruit training becomes a particularly potentially dangerous area, because recruits are particularly vulnerable. Anyone in charge of recruits who steps over the bounds can cause serious harm.
The abuse of recruits is not just wholly wrong legally and morally; it is also damaging to the image of the Armed Forces more widely, and indeed it could be damaging to recruiting. So it seems to me that this area deserves some particular and special attention. The Minister might like to reflect on whether something should be included in the Bill, or in the regulations that flow from it, that pays particular attention to this.
It is not, of course, because commanders do not care; they do care. We have had the very recent example of the Chief of the General Staff expressing his shame at some of the some of the recent cases. But we have seen these cases year after year, stretching back as far as any of us can remember. The care, concern and statements of commanders have not changed things. As the Minister will be aware from discussions we had at Second Reading, the critical thing in the Bill is what it will do to change things on the ground. Recruit training, it seems to me, is an area that deserves particular consideration. I wonder whether he might reflect on that and perhaps have some further discussions before we get to Report.
My Lords, I intervene at this point to say that I am very grateful to follow the two noble Lords who have just spoken because I learned a great deal. On Amendment 2, I hope that, when the Minister comes to reply, he will be as precise as possible in indicating exactly when the Bill will take effect on people joining. The noble Lord, Lord Lancaster, referred to attestation: is that in fact the moment at which you go from being an applicant to being, as it were, a serving member of the Armed Forces—and hence the Bill applies?
Secondly, with respect to Amendment 10 and its reference to the regulations, which I got a copy of as I walked through the door, my noble friend the Minister made his declaration of interest again today, and I made one during the Second Reading debate—I will not bore the Committee with it again, except to thank the noble Lord, Lord Lancaster, for his enthusiastic reply. Looking at the list of relevant family members, and bearing in mind my declared interest, am I right that someone who is engaged to a serving member of the Armed Forces does not come within the current definition of family members?
That is a really helpful comment from my noble friend. These are draft regulations; we are not going to legislate them now. The Bill will give us the power to create secondary legislation, and those draft regulations can be changed when people make various comments, including the ones my noble friend has made. Those can be taken into account and, if there needs to be change, there can be.
The whole point of the draft is that it gives the opportunity for noble Lords to make various comments on them. The noble Baroness, Lady Smith, may reflect that kinship is not covered in the way she would expect, and therefore could make that point in response to the remarks I have made and will make. That is the whole point of what we are discussing. If this draft is not drawn tightly enough, of course it will have to be changed.
In my time, I have seen some mind-bogglingly complex family arrangements, some of which would not be comprehended by these regulations. I say to the noble Lord that I do not believe that it would be possible to write something out that will cover all possible contingencies. I wonder what degree of flexibility there will be in all of this to take account of the unforeseen when it comes to very complex family arrangements.
One would expect the complexity of modern family life to be reflected in the regulations. In the end, one would hope that the commissioner would exercise some professionalism and care with respect to that. I take the noble and gallant Lord’s point and my noble friend’s point, but it is extremely difficult to do this and to capture every single potential arrangement.
However, as I said in response to the noble Baroness, we are trying to have as broad a definition as we can, including as many different arrangements as we can, with some flexibility to try to capture the sorts of arrangements that we may not have thought of—such as those who are engaged and so on. As my noble friend pointed out, in his view, this does not adequately capture that; we will have to reflect on that and, where necessary, change it. A point was made about the difficulty of this; one has to try to do it, but we are ultimately dependent on the sensitivity of the commissioner, which is what I would hope we would do. The noble Baroness will have to reflect on the kinship point.
I totally agree with the points that the noble Lord, Lord Lancaster, made about attestation. The commissioner has a responsibility for the particular individual from that time. I will refer to that again in my remarks, but I totally agree with what the noble Lord said.
I thought the intervention of the noble and gallant Lord, Lord Stirrup, was extremely pertinent. Many of us here are concerned about the abuses that we have seen. He made a particular point with reference to recruit training and the balance there must be between rigorous training to make sure somebody is fit for service with the abilities and aptitudes that one would expect and ensuring that that training is not inappropriate, bullying or in any way abusive. Certainly there is an expectation that, were that a concern or something that is brought to the commissioner’s attention, they would look into it.
It is good to see the noble Baroness, Lady Newlove, here with the experience that she can bring from her role. She is somebody who has shown that the “So what?” question can be answered, and she has made a very real difference with respect to victims. The “So what?” question is really important to the whole of the Committee.
Many of us who have served are sick and tired of reading report after report, but there are changes happening and improvements taking place. At the same time, in the evidence given yesterday to the Defence Select Committee by the Chief of the General Staff, the First Sea Lord, the Minister for Veterans and others, they were openly talking about their complete disgust at some of the things that still happen and their desire to continue to work for changes. In fact, noble Lords may have seen some of the changes that they suggested, one of which was the establishment of a specialist tri-service team to deal with the most serious complaints. This tries to take them out of the single service that they would normally go to, by having a tri-service complaint system. That was something that the Chief of the General Staff and others talked about yesterday.
One of the issues that we discussed at Second Reading was the challenge of people actually accessing the commissioner. This seems to be a particular concern for those in recruit training. Old lags in the system will generally know how it works and will have friends around who can tell them; they will understand what they need to do to get the commissioner involved. However, recruits will be a bit hazy on all that and extraordinarily reluctant, in the environment in which they find themselves, to complain. This comes back to the point I made earlier: is there not a need for a particular set of arrangements for those undergoing recruit training beyond those applied to the broader swathe of service personnel?
The noble and gallant Lord makes a good point. Let us reflect on that and see where we get to. But I could not agree more with him about the nervousness that you would expect from a recruit who has just joined and done the attestation and is part of the Armed Forces, but who feels that it is what is happening with respect to him or her is inappropriate.
Lord Stirrup
Main Page: Lord Stirrup (Crossbench - Life peer)Department Debates - View all Lord Stirrup's debates with the Ministry of Defence
(6 days, 13 hours ago)
Grand CommitteeMy Lords, it is a pleasure to join you all this afternoon on day two of Committee on the Bill. I should explain that last Wednesday, consideration of an important non-defence Bill in the Chamber precluded me from attending Grand Committee, so it is a particular pleasure to be able to be here this afternoon.
In speaking to Amendment 13, in my name, I will speak to the other amendments in the group. At Second Reading, I raised the extent to which, with reference to access to premises, powers seem to have leached away from the Secretary of State and transferred excessively to the commissioner. I am absolutely satisfied that this is for no malign reason at all—it is just a consequence of drafting. I was encouraged by other contributions at Second Reading that I had support for my concerns.
The amendments in my name, Amendments 13, 14 and 15, simply attempt to restore control to the Secretary of State. I freely admit that I may not have found the perfect solution to this, but I thought it would be helpful to have a debate, so that the noble Lord the Minister can understand the spectrum of views.
Without amendment, under the Bill the commissioner can, in the United Kingdom, access MoD premises without the Secretary of State being aware. That is not acceptable, and it raises two issues. As a matter of principle, is that really the position we want to put the Secretary of State for Defence into? Just think of the wide range of premises within the MoD, some at the top levels of security protection. Much more practically, as the noble and gallant Lord, Lord Stirrup, pointed out at Second Reading, it is not only the location of the premises which matters but the activity taking place within them. As he observed, a base commander has overall responsibility for security, and I am afraid that entirely predictable is a clash of wills between the commissioner who seeks entry to a premises, and the base commander who says, “No, I am denying entry”. That is not sustainable.
My amendments may be clumsy, but I have restored power to the Secretary of State, who must have notice of intended access and must then inform the commanding officer of the relevant premises of the commissioner’s intended visit. I have provided for seven days’ notice, unless evidence is in danger of being lost or there is continuing risk to personnel using the premises. But in that event the commissioner must still intimate in writing to the Secretary of State why he is not giving notice; then, at least the Secretary of State will have some idea of what is going on.
The important lens through which to look at this is defence and security and the rightful overall authority of the Secretary of State, and I feel that the Bill has not got that balance quite right.
I look forward to the debate, and particularly to the response from the noble Lord the Minister, who may very well want to take away what he hears today and reflect upon these contributions. I beg to move.
My Lords, I share the concern, expressed by the noble Baroness, Lady Goldie, that lies behind the amendments, although these particular ones do not in fact capture, in my view, the solution to the problem.
The problem is that the nature of classified locations varies. There will be some sites to which the Armed Forces commissioner would not, presumably, be denied access entirely. However, many sites have large areas that will be, and should be, open to the commissioner, but within which there are particular discrete locations where classified activity is conducted, to which he or she should not be admitted.
The Minister of Defence and the Secretary of State may well draw up a list, as was intended, of classified locations. Although the list will be classified and therefore will not be in secondary legislation, as the Minister has pointed out, it will deny the commissioner access to those sites. But the problem with lists is that they are seldom comprehensive and seldom up to date. We are talking about a very large span of estate with a very large spread of activities. The idea that such a list can be kept up to the minute will involve, first, a huge bureaucratic effort and, secondly, will almost certainly be doomed to failure.
As the noble Baroness, Lady Goldie, pointed out, it is the responsibility of local commanders to ensure that national security is preserved and that classified information is not available to those who should not have access to it. Therefore, it seems to me that there is only one sensible answer to this conundrum: for the Bill to provide commanding officers with the power in the last resort to deny the commissioner access to specific locations on the grounds that they contain classified activities or classified material. The commanding officer should of course then be required to justify themselves through the chain of command to the Secretary of State. But if we do not provide them with that backstop authority, we are, frankly, hanging local commanders out to dry with the legislation as it now stands.
These amendments do not provide the solution that I see as necessary, but can the Minister undertake today to take away these very real and important concerns and consider how they might be addressed before we get to Report? I repeat what I have said earlier: I entirely understand that such conflicts are likely to be very rare. The commissioner is going to be engaged in looking at service accommodation and other general conditions of service, so most of the time they will not be seeking access to such sites. But it is entirely conceivable that he or she will need such access, particularly if they are considering thematic issues to do with working conditions—and just once is once too many when it comes to national security. I ask the Minister to reflect on this, and perhaps we can have some discussions outside Committee before we get to Report.
My Lords, I shall speak very briefly to this set of amendments, really to provide some balance, because I feel that we should hear both sides of the argument. The noble Baroness, Lady Goldie, in introducing these amendments, said that the commissioner should not be visiting without the Secretary of State being aware, and I entirely agree with that. Obviously, the Secretary of State is the person with political responsibility, who needs to know what is going on and whether the commissioner has identified a potential problem. However, not being aware is not the same as having seven days’ notice. There is a very large gap between those two things.
What we have just heard from the noble and gallant Lord about the commanding officer having the right to deny access is, I am aware, not directly in line with these amendments. However, on day one in Committee we talked about how the ombudsman, as structured, has not worked and has not had sufficient powers. We have to be careful to make sure that we are not putting a commissioner in the same position here. We have to be realistic: there may be a systemic issue, such as those we talked about on the previous day in Committee, and a concern about the treatment of female service people. We might hope that a commander would always want that issue to be exposed and understood, but we cannot guarantee that, and it is really important that we do not disempower the commissioner with changes to this Bill before they are even created and put in place.
My Lords, I welcome the noble Baroness, Lady Goldie, back to her place today; I know she was busy elsewhere in the House of Lords on our first day. It is welcome to see her here. Both she and the noble and gallant Lord, Lord Stirrup, asked about the opportunity to discuss the points that have been made, and we can of course meet between Committee and Report to do so. I can promise the meeting, but I cannot promise the outcome. To be frank, as noble Lords will know, that is how we in this House conduct business, improve legislation and achieve the objective that we all want: the commissioner being effective and having the appropriate powers to do the task they undertake.
As noble Lords know, I like to make some general remarks before making formal points; I hope that is helpful to the Committee. I understand the noble Baroness’s point about the balance between the powers of the Secretary of State and of the commissioner, and I will say something about that. We have tried very hard to balance those powers. I also hear the point made by the noble and gallant Lord, Lord Stirrup, about the importance of national security. There may be elements of a particular base that one would expect the commissioner to be precluded from visiting for national security reasons, even if it is not the whole base; there is also the role of the commanding officer to consider.
On the question of intention, if we take the example of a normal decision of the commissioner to visit a base, the noble Baroness and the noble and gallant Lord will see that there is a requirement in the Bill for the commissioner to notify the Secretary of State that they are visiting a particular base:
“If the Commissioner proposes to exercise the power under subsection (1), the Commissioner must give the Secretary of State notice of the proposal within such period before exercising the power as the Commissioner considers appropriate”.
The noble Baroness’s amendment would require that that happen at least seven days before the commissioner intends to exercise the power. The expectation would be that the Secretary of State would then tell the commanding officer that such a visit was to take place.
However, as the noble and gallant Lord, Lord Stirrup, pointed out, under the Bill a confidential list will be drawn up saying where the Secretary of State believes it inappropriate for the commissioner to visit because of national security reasons. That will be shared with the commissioner, although it will remain confidential. But we will take up the point made by the noble and gallant Lord about how that will work with a base only a small part of which may be subject to national security concerns.
The Minister said that, ordinarily, the commissioner will give notice to the Secretary of State. But equally—this comes back to the point made by the noble Baroness, Lady Bennett of Manor Castle—we know that, in order to be truly effective, in some circumstances the Armed Forces commissioner will need to give little or no notice. That is fine because that helps the effectiveness of the commissioner, but a commanding officer is then exposed to the possibility of the commissioner wanting access to a site to which he or she should not properly be allowed access, because of national security. So, in proposing that the commanding officer have a backstop ability to deny access, we are seeking to improve the power and authority of the commissioner, because that then reduces the need for undue notice on their behalf.
My Lords, I am very grateful to the right reverend Prelate the Bishop of Norwich for putting his name to my Amendment 16.
At Second Reading, I expressed my concern about the position of Jaysley Beck, who tragically took her own life in 2021. The coroner had recently published his findings, which made for grim reading. Since Jaysley’s death, many far-reaching changes and improvements have been made; I know that because the former Secretary of State Ben Wallace drove them through and, as a Minister, I supported him in every way I could. There is encouraging evidence that these changes are yielding results. For example, a number of instructors have been summarily dismissed for inappropriate sexual relationships with students, and I believe that there have been other dismissals of personnel from the Armed Forces for inappropriate behaviour.
What was always much more difficult to assess was whether women were fearful to make a complaint in the first place for fear of prejudicing their careers. All the procedures, processes and structures in the world do not work if a scared woman feels unable to make the complaint in the first place. That, sadly, was the case for Jaysley Beck. I am concerned that women in our Armed Forces still feel inhibited from raising unacceptable behaviour. That cannot be tolerated; we need to plug that gap. We have to find a way of giving them a safe space so that they or their friends can let someone know what is going on.
This proposal seems to dovetail perfectly with the creation of an Armed Forces commissioner and the ethos of that office. If whistleblowing cannot be accommodated within his independent office, I do not know where it can be. The amendment provides for the commissioner’s functions in the Bill to include investigating
“any concern raised by a whistleblower”.
I have tried to keep it as simple as possible. I am told that the virtue of whistleblowing is twofold. First, it provides that safe—and currently missing—space for someone to raise a concern. Secondly, it makes it more obvious more quickly if a problem is emerging in relation to a particular location or individual because, where there is a problem, concerns are likely to emerge in a cluster pattern.
If we can plug this hole, using the creation of the new Armed Forces commissioner to such powerful effect, what a positive message that would be for the MoD. To have, under one umbrella, real action to support and help our Armed Forces women would be a striking, tangible piece of support. I feel very passionately about this: it is the missing piece of the jigsaw and I hope the Minister feels able to respond with some encouragement. I alert him that I am not giving up on this; I have got my teeth into it, and I will be back on Report. I beg to move.
My Lords, I will be very brief. I will reiterate to the Minister concerns I raised about an earlier amendment on recruits and their training. It is absolutely the case that in a military organisation, training must be tough and realistic—and, at times, discipline must be hard—if we are to have an effective fighting force. That means that there is a very clear risk that people could overstep the bounds. The risk is greater in that kind of environment than in most others; therefore, we have to be particularly vigilant in a military environment to guard against that.
My Lords, Amendment 17 is in the name of my noble friend Lady Goldie, and I have signed it. I thank the right reverend Prelate the Bishop of Norwich for his support for it.
Amendment 17 would require the commissioner to include their view of the impact of general service welfare issues on recruitment and retention in any report published under new Section 340LA: “general service welfare investigations”. This amendment delivers a vital expansion of the requirements set out in the Bill as drafted. Currently, the Bill requires reports published under new Section 340LA only to list the individual findings of an investigation and the reasons for the commissioner’s findings.
Recruitment and retention are one of the most significant, if not the greatest, challenges that our Armed Forces face today. Frequent reports of poor-quality accommodation and shocking welfare issues are having an impact on service personnel well-being, and welfare issues are often cited by those personnel leaving our Armed Forces as a reason for their decision to leave, as I know only too well. The damaging publicity that these welfare issues cause is surely also having a detrimental effect on the number of people who are coming forward to start a career in our Armed Forces. The latest figures show that 12,850 people joined the Regular Forces last calendar year and that 14,830 people left, meaning a net decrease in the size of the Regular Forces of 1,980.
If the new Armed Forces commissioner is to be effective in resolving welfare issues—and, in so doing, contributing to the strength of our Armed Forces—they must put recruitment and retention both front and centre. Given that new Section 340LA grants the commissioner the discretion to produce the report or not, we feel that this additional duty to address recruitment and retention in those reports is not an overburdensome requirement. Ensuring recruitment and retention are addressed is of sufficient importance to warrant inclusion in these reports. I beg to move.
My Lords, I agree with much of what the noble Earl said, but this seems a rather strange amendment. In my view, it is axiomatic that the work of the Armed Forces commissioner, and the issues that he or she addresses, may have an effect on recruitment and retention in every instance—so that goes without saying—but I am not at all clear how the Armed Forces commissioner will determine whether they have an actual effect. It does not seem to be something that the Armed Forces commissioner can practically fulfil in the sense of the noble Earl’s amendment. I entirely endorse the sentiment behind it, but I simply do not see that it adds anything to the Bill.
My Lords, in the absence of the noble Baroness, Lady Smith of Newnham, I feel it might be useful if I made some comments on her Amendment 18. I have not discussed this with her so, for the avoidance of doubt, I am in no way speaking for her.
This is an interesting and useful amendment to discuss, particularly in Committee. Clause 4(3) says that, after the commissioner has conducted an inquiry, they are required to offer a report. The amendment proposes that the commissioner should make an annual report on the work done to improve the welfare of service personnel and public awareness of the issues. The idea of an annual report is interesting. I am not entirely wedded to the word “annual”—