Armed Forces Commissioner Bill

Luke Akehurst Excerpts

Consideration of Lords message
Wednesday 2nd July 2025 Commons Chamber

[Luke Pollard]

That is a genuinely fair question. The Bill is drafted in such a way that there is no obligation or requirement for any commissioner who is appointed to resource according to a Government position. It is for the Armed Forces Commissioner to decide the allocation of resources and energy. However, the German armed forces model, from which we have taken inspiration, undertakes two to three thematic investigations a year with dedicated teams, using feedback from people who have raised a concern officially and from those getting in touch to raise an issue but not necessarily expecting it to be dealt with as casework. The majority of the resource, due to the casework function, relates to correspondence, but it would be for the UK Armed Forces Commissioner to make that determination. The Bill provides the powers to do that.

Let me come to the amendments from the other place, because the powers relating to whistleblowing are a key part of why we do not think the amendments are suitable. First, the use of “whistleblower” is inappropriate in this context, despite the value we place on the function. Although more recently the use of the term has been more relaxed, and raising a concern and whistleblowing are used interchangeably, engagement in 2019 under the previous Government with the whistleblowing charity Protect suggested that the term might be putting people off coming forward. Today, we are talking about law, rather than the policy that will be implemented. Although the term whistleblowing appears in a few limited circumstances in law, there is no single agreed definition of whistleblowing in UK legislation. Simply using the term in this Bill, as proposed by the Opposition’s Lords amendments 2B and 2C, would therefore have no practical legal effect and would provide no protections that do not already exist or are not already provided for in the Government’s amendment in lieu.

Terminology aside, I have several real concerns about the new amendments inserted in the other place. The whistleblower investigations proposed by these amendments have the same scope as the current investigations on general service welfare matters provided for by the Bill, but none of the associated powers of investigation, so the amendments do not allow the commissioner to access sites to assist their investigation. They do not allow the commissioner to access information or documents to assist their investigation. They do not require the Secretary of State to co-operate, assist and consider any findings or recommendations, as is the current wording, and the amendments do not require reports to go to the Secretary of State or to be laid before Parliament. The scope of the amendments is therefore considerably narrower.

Issues raised under the proposed new clause can relate only to people subject to service law—namely the men and women of our armed forces and not family members, as I said in reply to the hon. Member for Strangford (Jim Shannon)—and cannot be about terms of service. The commissioner would need to consult the individual before starting an investigation, constraining their independence and possibly leading to junior staff facing pressure from seniors to withhold consent. The anonymity protections would relate only to investigations under this proposed new clause, which is unlikely ever to be used, for the reasons that I have set out. It also removes the anonymity protections that the Government propose to include.

More importantly, however, the Bill is intended to provide a safe route for people to come forward with their concerns and know that they will be considered by a truly independent figure. We want people to feel secure and empowered to raise those concerns, and we want the commissioner to have the full range of powers as provided for in the Bill to deal with all matters raised with them. The amendments would restrict the powers available to the commissioner to deal with complaints raised through this process. I do not believe that is really what the House wants to see on whistleblowing.

[Luke Akehurst (North Durham) (Lab)]

The Minister will remember a Westminster Hall debate—I think it was last week—in which I inaccurately and over-optimistically referred to this as the Armed Forces Commissioner Act, not realising it was still going back and forth between here and the other place. I was corrected by the shadow Defence Minister, the right hon. Member for Rayleigh and Wickford (Mr Francois). I assumed it was a friendly correction of my misunderstanding about process.

Have I correctly understood that what is going on is some kind of political difference over the use of the word “whistleblower”, which has led to a badly drafted amendment being inserted into the Bill? That amendment will weaken the Bill and reduce its ability to do what is intended. At the same time, it will delay things, when the Department is at the point of being able to advertise for and appoint an Armed Forces Commissioner—someone to be in that role, fighting for the welfare of our armed service personnel.