Armed Forces Commissioner Bill

Luke Akehurst Excerpts

Consideration of Lords amendments
Tuesday 3rd June 2025 Commons Chamber

[Helen Maguire (Epsom and Ewell) (LD)]

I rise to speak in support of Lords amendments 2 and 3, which were tabled by Conservative peer Baroness Goldie and supported in the other place by my Liberal Democrat colleagues. I urge Members on both sides of the House to reject the Government’s proposals to remove them and replace them with a watered-down version. The amendments do something simple but profoundly important: they embed within the commissioner’s role a clear and explicit whistleblowing function, one that empowers service personnel and their families to raise concerns about welfare and wrongdoing safely and with confidence, and, crucially, one that provides statutory protections for those who speak up.

A complaints process and a whistleblowing system have two different purposes. A complaint is often about personal redress whereas a whistleblowing disclosure is about drawing attention to serious wrongdoing, often at great personal risk in the public interest. The Government’s amendment in lieu acknowledges the importance of anonymity, but it does not go far enough. It merely inserts a provision to protect identifying details in publishing reports and only where the disclosure was “in response to a request”. It neither defines nor protects whistleblowers in statute.

Whistleblowing is a vital tool in surfacing systemic failure—something that our service personnel clearly need. It seems like almost every month brave service personnel and veterans come forward with shocking accounts of misconduct. Their accounts underline how much courage it takes to speak up and how easily that courage can be crushed by fear of social backlash, reprisal or career damage. The Government argued that anyone can raise a concern with the commissioner and that data protection law already protects anonymity, but data protection is not the same as whistleblower protection. It is passive and does not actively encourage disclosures, does not instil confidence and does not grant status or safeguards against retaliation.

The whistleblowing amendments would not overburden the commissioner; they would simply recognise whistleblowing for what it is: a unique and necessary channel for uncovering wrongdoing that might otherwise be buried. They are tightly drawn, limited to welfare matters, and designed to ensure that information reaches someone with the authority to act. The commissioner will be tasked with improving the culture and confidence among our armed forces. Nothing would do more to support that mission than keeping the amendments, which would introduce a whistleblowing function, giving our brave service personnel and their families an independent, trusted person to whom they can speak safely and be heard without fear.

I will vote against the Government motion to remove Lords amendments 2 and 3, and I urge colleagues to do the same. The amendments give confidence to those who wish to speak up, but who are afraid of the consequences. “Whistleblowing” is a simple, clear and well-understood term that can provide extra assurance. It could make this Bill truly transformative to the armed forces culture.

[Luke Akehurst (North Durham) (Lab)]

Yesterday’s strategic defence review rightly put our brave service personnel at the heart of defence plans, and this Bill is a fundamental part of renewing the nation’s contract with our armed forces. It was an honour to serve on the Public Bill Committee, and I am pleased to see the amendments made in the other place, which improve the Bill. However, I support Government amendment (a) in lieu of Lords amendments 2 and 3.

Lords amendments 2 and 3 would introduce a new general function for the commissioner to investigate concerns raised by whistleblowers in relation to the welfare of persons subject to service law and relevant family members, but the House will know that the commissioner can already investigate any general service matters that they choose, and the Bill already allows anyone who wishes to raise such issues to do so. While the Lords amendments have been important in raising issues around anonymity for whistleblowers, Government amendment (a) would go further by ensuring genuine protection for people who raise an issue that later features in an investigation and report by the commissioner.

[Mr Calvin Bailey (Leyton and Wanstead) (Lab)]

I rise to speak to Government amendment (a) in lieu of Lords amendments 2 and 3. We have seen time and again how important it is to allow our service personnel to speak up in ensuring the safety and wellbeing of our armed forces and the success of critical missions. The 1994 Mull of Kintyre Chinook crash, the 2005 loss of the C-130 Hilton 22, and the 2006 loss of Nimrod XV230 serve as stark reminders of what happens when concerns are not openly reported. I therefore welcome the Government’s commitment to maintaining anonymity by ensuring that no identifying information, or information that could lead to identification, is included without the explicit consent of service members. I also welcome the Government’s assurance that they will update the MOD’s “raising a concern” policy to reflect civilian protections and ensure that all individuals who come forward can do so with guaranteed anonymity and confidentiality.