Armed Forces Commissioner Bill

Luke Akehurst Excerpts

Report stage
Tuesday 21st January 2025 Commons Chamber

However, it was not only residency rights on which the Gurkhas faced discrimination. They faced inadequate support after leaving active service, receiving less pay than their British counterparts for the same jobs, and many were deprived of fair pensions. Even today, veterans who served before 1997 continue to struggle for equal recognition and treatment. It is my firm belief that amendment 2—especially the call for the Armed Forces Commissioner to produce annual reports on the challenges faced by specific groups and to establish mechanisms for community engagement—will help ensure that no group ever again has to suffer injustice like the Gurkhas did. I urge all Members to join me in supporting this vital amendment.

[Luke Akehurst (North Durham) (Lab)]

I rise primarily to talk about amendment 2, tabled by the hon. Member for Epsom and Ewell (Helen Maguire). It was an honour to serve on the Bill Committee. I would have spoken to the amendment had it been tabled in Committee— I think a timetabling issue meant that it could not be.

There is already a public sector equality duty under the Equality Act 2010 that would apply to the commissioner. When the commissioner undertakes their reports, they will be bound by that duty to have due regard to the different minority groups that form the armed forces and their families. More specific thematic reports about issues faced by minorities in the armed forces ought to be a matter for the commissioner to decide.

As someone with a disability, I am perturbed by the absence of disabled people from the list of minorities that is cited. That is the problem when amendments are tabled with a prescriptive list of different minority groups: some can be missed out, and some can be made to feel that their concerns might be more valued than others. It is not completely incompatible with service in the armed forces to have a disability—clearly, some physical disabilities make service on the frontline difficult, but there are other roles that people legally defined or self-identifying as having a disability might be able to serve in. Indeed, the most famous admiral in the Royal Navy’s history was Horatio Nelson, who had two disabilities: he had one arm and one eye. It is unfortunate to have gone for a prescriptive listing, and unnecessary, for the reasons that I set out at the start of my remarks.

I will not detain the House with my take on the other amendments, as I am sure other hon. Members will wish to come in on them. However, my general assessment would be that the amendments that have been tabled are well intentioned but unnecessary, because the Bill already deals with the concerns they raise.

[Jim Allister (North Antrim) (TUV)]

It is good to see the Armed Forces Commissioner put on a statutory basis, and to see the functions set out and see how the staff, though perhaps not directly recruited, can be provided for the commissioner. All that is good, but it causes me to ask why, if we are making that provision for the serving members of our armed forces, are we not making a parallel statutory provision for our veterans? Why is it right to have a statutory basis for the Armed Forces Commissioner, but not for the various veterans commissioners? Surely, if it is right for serving members, it must equally be right to have a statutory basis setting out the functions and ensuring staff provision for the veterans commissioners. I take the case of the part of the United Kingdom that I know best: in Northern Ireland, we have a part-time, term-appointed veterans commissioner for two days a week, effectively, with two staff seconded from the Northern Ireland Office, who is charged with looking after all the interests of the very many thousands of veterans that we unsurprisingly have in Northern Ireland.

I ask again, if it is right to have a commissioner on a statutory basis for serving soldiers, why is that not the case for veterans? It would be not only a significant step forward in itself, but a significant nod to how we value our veterans community if we were to give them equality of treatment on this issue. I think that is very important. Without the role being on a statutory basis, a part-time, term-appointed veterans commissioner with seconded staff has his hands tied behind his back, frankly.

In Northern Ireland, because this Government are going to repeal the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, we are moving back into a phase where we may see many veterans from incidents 50 years ago dragged through our courts. We have a veterans commissioner with no standing to intervene in the multiple judicial reviews that take place on those issues and no standing to take any official line on any of that. If we were to put the veterans commissioner on a statutory basis, with the available funding, there would be a role to be performed—and not just on that specific issue, but perhaps if there was a challenging judicial that touched on veterans’ issues. Why should the veterans commissioner not be a notified and intervening party in such proceedings? I think he should.

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[Lincoln Jopp]

I do acknowledge that important difference. I think that amendment 8 seeks to enhance and strengthen the independence of the Armed Forces Commissioner from the chain of command, and I commend it to the hon. Gentleman.

The German armed forces commissioner finds herself reporting and making recommendations on matters such as equipment and undermanning—matters that are well beyond the inalienable human rights of German service personnel not to be given an illegal order. My watchword is that, untrammelled, this proposal will grow arms and legs. Not only have we widened it to cover welfare, which, as I have argued, is very broadly interpretable, but we are giving the Armed Forces Commissioner an “access all areas” pass. We have enabled members of armed forces families—wider families—to be in touch with the commissioner, something that the German model does not follow. While I support amendment 8 and the chain of command, I am glad that I have had the opportunity to put my views on record.

[Luke Akehurst]

The tone of the hon. and gallant Gentleman’s remarks suggests that he does not really support the thrust of the Bill, and is extremely sceptical about the potential areas of involvement of the Armed Forces Commissioner per se. Having heard what was said from the Opposition Front Bench in Committee, I was under the impression that there was consensus across the House in favour of the thrust of the Bill and that today we would be talking about nuance and detail, so I seek reassurance from the hon. and gallant Gentleman that he does in fact support the need for an Armed Forces Commissioner.

[Lincoln Jopp]

I think the hon. Member will recall from his time on the Bill Committee that the Front-Bench spokesman, my hon. Friend the Member for South Suffolk (James Cartlidge), referred to us as fulfilling the role of critical friend.

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[Mr Bailey]

The hon. and gallant Member is correct that we visited RAF Lossiemouth last week, where we saw people at the top of their game, doing what servicepeople do, which is coping, doing their job and putting a brave face on things. However, the continuous attitude survey shows the stress behind those things. The service they are, to some degree, enduring could be made better. Although servicepeople put a good face on their morale when we see them, that does not mean our services are in the buoyant state they could be.

[Luke Akehurst]

Does my hon. and gallant Friend agree that an easy way to measure morale is through retention rates? We are not recruiting and retaining armed forces personnel to the degree we would wish. Part of the motivation for introducing this Bill to address general service welfare issues—I am making sure that I use the correct language about what the Armed Forces Commissioner role covers—is to have an operational impact by making it easier to recruit people to the armed forces. And once we train them at great expense, we must retain them for the longest possible period of viable service.

[Mr Bailey]

I agree entirely with my hon. Friend. We do not expect service personnel to stand up and openly tell us their problems, as that is part of what makes them resilient. The important thing about having an Armed Forces Commissioner is that they can see through that. The gallant Members of this House will be able to see through those things, and it would be wrong to politicise what people present of themselves during our visits, rather than what we would like them to make known, for political gain.

The truth, as my hon. Friend makes perfectly clear, is that we are not doing a very good job of recruiting and retaining personnel. The objection to new clause 1 is that it is important to focus on the specific needs that will enable us to have better recruitment and retention, because that is where we are failing. Perhaps that is why the hon. and gallant Member for Spelthorne (Lincoln Jopp) is now in this House, rather than continuing his illustrious career.

The Government have also introduced a new cyber pathway to bring the best and brightest into our armed forces and to rebuild our defences for the future, particularly given the grey zone threats from Russia about which the Select Committee heard evidence this morning. This is also positive, but with 150,000 applicants attempting to join the military at any one time, if all those individuals were brought under the scope of the commissioner, as would happen if the new clause were enacted, that would vastly increase the commissioner’s workload and, ultimately, impact their efficiency and effectiveness. In proposing the new clause, Conservative Members are attempting to address a genuine problem, but I have concerns that, in practice, it could mean that service personnel and their families would not get the attention they rightly need.

On new clause 2, while the Armed Forces Commissioner’s role is focused on serving personnel, the Government are implementing a broader strategy of support for the entire armed forces community, including veterans, through various initiatives and legal protections. All veterans, including those sitting on the Opposition Benches, make an important contribution to our communities and our armed forces. However, the Armed Forces Commissioner’s remit is purposefully defined narrowly to focus on issues currently impacting service personnel and their families. That allows the commissioner to effectively address immediate concerns facing those in uniform, including some of those that most concern me and most seriously affect retention for women and people from ethnic minorities, such as bullying and harassment.

The Bill is just one step in Labour’s plans to renew the nation’s contract with those who serve and have served, and their families. Our Government are committed to strengthening support for the entire armed forces community, recognising that the issue of veteran support is distinct from those issues addressed by the Bill. The Government are working to fully incorporate the armed forces covenant into law, ensuring fairness and respect to veterans and their families. Recent initiatives include a £75 million LGBT financial recognition scheme, acknowledging the historic wrongs experienced by our LGBT veterans; making the veterans card an accepted form of voter ID, crucial to mobile service members, as I know from my own experience; and committing £3.5 million for veteran homelessness support, including wraparound services for at-risk veterans.

While the Armed Forces Commissioner will primarily deal with those affected by service law, they will have the discretion to invite opinion from a broader range of stakeholders, including veterans, when conducting investigations. I would expect the commissioner to regularly use that power, as it is a critical part of their role, as Conservative Members have said. I hope Conversative Members recognise that flexibility is important in the Bill, as it will allow the commissioner to gather comprehensive insight in the exercise of their duties, but does not limit their independence or freedom to lead by narrowing their focus.

On amendment 7, while focused on serving personnel, the role of the Armed Forces Commissioner complements the broader armed forces covenant and existing legislation to support the entire military community. The armed forces covenant recognises the unique obligations and sacrifices made by those who have served in the armed forces, whether regular or reserve, as well as veterans and their families. Our Government are fully committed to the covenant and our election manifesto pledge was to put the covenant fully into law.

The Armed Forces Commissioner’s role focuses primarily on members of the serving community and their families, but they will undoubtedly consider covenant issues related to active service members and their families as part of general service welfare matters, as outlined in the Bill. That aligns with the commissioner’s functions to promote the welfare of service persons and their families, and to improve public understanding of the issues.

It is important to note that the Bill is not standalone legislation. Instead, it amends part of the Armed Forces Act 2006, which already includes part 16A addressing the armed forces covenant. Therefore, amendment 7 is not necessary. By integrating the commissioner’s role into the existing framework, we ensure a comprehensive approach to supporting both current and former members of the armed forces, reinforcing our commitment to the entire military community.

Amendment 8 would require the commissioner to be independent from the Government and the armed forces and from interference when carrying out their duties. In response, the Bill provides greater independence and scrutiny for those upholding the welfare of armed forces personnel. I welcome that role, which will be subject to a full public appointment process and scrutiny by the Defence Committee, as mentioned earlier by its Chair, my hon. Friend the Member for Slough (Mr Dhesi).

The commissioner will be established as a corporation sole and will thus be independent of the Ministry of Defence, which is clearly important to give them the ability to hold people to account effectively. The commissioner will have discretion over what they investigate and the proactive power to launch investigations. Those provisions mean that the commissioner will stay focused on general service welfare matters and will be expected to have regular meetings with the chain of command. However, I fully agree that independence for the chain of command is vital.

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I should say in fairness that the Forces Pension Society has suggested that the Government have made an error, and would not knowingly implement a policy that runs so contrary to the spirit of the armed forces covenant.

[Luke Akehurst]

Will the right hon. Member give way?

[Mr Francois]

When I have finished this point, yes.

The Forces Pension Society points out that the system is recoverable because the changes are subject to a consultation and are not currently due to come in until April 2027. Nevertheless, this is still a potentially worrying situation, especially for armed forces families in which parents are in a committed relationship with multiple children but have not, for whatever reason, decided to marry.

We were prepared to give the Minister the benefit of the doubt about that in Committee. Indeed, without wishing to be uncharitable, when I raised it he seemed slightly taken aback by the problem. I say that because my suspicion is that when the Treasury came up with this, the Ministry of Defence was blissfully unaware of it. I therefore suggest that MOD Ministers may not be directly at fault, but it is nevertheless their personnel and families who may be affected. Towards the conclusion of the Committee, I strongly suggested to the Armed Forces Minister that he should take this away for discussions with the Treasury, as there will be a consultation exercise on the changes before they come into force in the 2026-27 financial year, with the opportunity to change the policy and avert the problem.

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[Mr Francois]

Thank you, Madam Deputy Speaker.

[Luke Akehurst]

Will the right hon. Gentleman give way?

[Mr Francois]

Just a second—I am just going to reply to this one. Forgive me, but if my remarks were not in order, we would have been told so by now. Maybe one day, after many years of distinguished service, the hon. Member for Leyton and Wanstead (Mr Bailey) will become a Deputy Speaker of this House, but not today.

I will continue, and then I will take the other intervention. We really need to do something about this issue. As the Forces Pension Society has pointed out, it would be totally contrary to the principles of the armed forces covenant—including the principle that armed forces personnel and their families should suffer no disadvantage as a result of their service to the Crown—if this were to go unanswered, and unmarried service widows and their families were to be punished in this way.

I thank the hon. Member for North Durham (Luke Akehurst) for being patient.

[Luke Akehurst]

I thank the right hon. Gentleman for giving way. He has raised some interesting specific policy issues that are clearly of concern to large numbers of people receiving armed forces pensions, but the Bill makes it clear—and Ministers have been very clear throughout its consideration—that the independent commissioner will decide for themselves what is a general service welfare matter, and therefore whether they want to look into the issues raised by amendments 9 and 10. Will the right hon. Gentleman explain the apparent contradiction between Opposition Members insisting in amendment 8 that they want reassurance about the independence of the commissioner, and their wanting to predetermine the very specific topics that the commissioner would investigate through amendments 9 and 10?

[Mr Francois]

I thank the hon. Gentleman for his intervention. As we are on Report, we are trying to amend the Bill where we think it could be improved. Just because we have the Bill as originally produced on First Reading does not mean that it cannot be improved. If I may humbly say so, that is what Report is about.

This subject is pressing—I say this particularly to the hon. Member for North Durham—as the consultation on it closes tomorrow. The Veterans Minister replied to me on this subject—hey presto!—just this morning. I quote from his letter:

“I would seek to reassure the Right Honourable Gentleman that an existing exemption in Inheritance Tax legislation means that active members who die as a result of their service, are exempt from Inheritance Tax provisions.”

However, that only applies to those killed while on active service. It does not apply to those who are still in the service of the Crown but die of natural causes, so I am afraid that the Veterans Minister’s reply is smoke and mirrors, as it deliberately ducks the issue of those who die of natural causes while still in service with living dependants. The Government have already upset farmers and business owners through their proposed inheritance tax changes; they surely do not want to upset service families as well.

I say to the Minister that if, at what is now the third time of asking, we do not receive a satisfactory reply this afternoon, we will be strongly minded to press amendment 9 to a Division in order to hold Ministers to account and try to achieve positive change. With the consultation closing tomorrow, I will listen very carefully to what the Minister says about this issue in his response, but having given him two previous bites at the cherry, I am afraid that we may be likely to divide the House if we do not receive a satisfactory reply on behalf of those service families who may be affected.

As you can see, Madam Deputy Speaker, amendment 10 covers three topics: the

“operation of the Continuity of Education Allowance”,

or CEA as it is known;

“the provision of Special Educational Needs tuition”

for the children of armed forces personnel; and

“the maintenance of service families’ accommodation.”

I will take those topics in reverse order.

On service families’ accommodation, I welcomed in Committee the recent announcement that the Government intend to, in effect, buy back service family accommodation from Annington Homes. I know that my hon. Friend the Member for South Suffolk (James Cartlidge) also welcomes these proposals because—as Ministers, to be fair to them, have already acknowledged on the Floor of the House—while in government, he spent a great deal of time working on the scheme. He is understandably very pleased to see those efforts come to fruition, albeit under a Government of a different colour, as indeed am I. We should give credit where it is due.

Service housing was mentioned multiple times in Committee, and there seems to be little doubt but that it qualifies as a general service welfare matter. However, I have included the topic in this amendment to facilitate a brief discussion on the management and maintenance of service housing post Annington, as it were, and in the timeframe during which the new Armed Forces Commissioner is likely to be in operation. The fact that the MOD will in effect recover the freehold of its properties and be the landlord opens up exciting opportunities to change the maintenance of service family accommodation and, indeed, of single living accommodation as well.

The Minister will be aware that, when I was a Minister, I was commissioned by a former Prime Minister to write two reports: one was on armed forces recruitment, subsequently entitled “Filling the Ranks” and delivered in 2017; and as a result of the first report, a second one was on retention, entitled “Stick or Twist?” and delivered in February 2020—barely a month before the nation went into lockdown because of covid. I know that some Defence Ministers have kindly taken the time and trouble to look at those reports, so I shall not attempt to repeat their contents here, except to make one specific point on the management of SFA.

Having looked at the matter in detail, my team concluded very strongly that there must be a better way of managing service housing than the current Future Defence Infrastructure Services contract. Our alternative, which I believe now has new resonance as the homes are transferred from Annington back to the MOD, would be to form a dedicated forces housing association, the fundamental purpose of which would be

“to provide high quality, well maintained accommodation for service personnel and their families at an affordable cost.”

I think the Minister has kindly read this report, as has the Veterans Minister, who has responsibility for it, and I hope he will take that on board.

We debated special educational needs in some detail in Committee, so I do not propose to repeat all of that again, but I refer the Minister to a recent Public Accounts Committee report that was published last week on the topic.

The continuity of education allowance is a very important issue, particularly as it affects retention. The VAT increase of 20% will affect around 4,200 children of service personnel, but the MOD is increasing the CEA cap only by 12.5% for senior school students and 16.6% for junior school students, leaving their parents to make up the difference from their post-tax income. This has already come into effect from 1 January, or about three weeks ago. A joint briefing note from the Independent Schools Council and the Boarding Schools’ Association points out that the VAT will cover both tuition fees and boarding accommodation at independent boarding schools. In the worst cases, the VAT will have an adverse impact on military families using CEA, who could see their contributions increase by over 50% for senior school pupils. The Treasury’s VAT consultation said that it would

“monitor closely the impact of these policy changes on affected military and diplomatic families, with the upcoming Spending Review being the right time to consider any changes to this scheme.”

The spending review—[Interruption.] Madam Deputy Speaker, I believe we have until 6 o’clock. The spending review will not report until this summer, but military families are having to pay the increased costs now, and I have a whole range of quotes that I could read into the record.