Armed Forces Commissioner Bill

Debate between Luke Akehurst and Calvin Bailey

Report stage
Tuesday 21st January 2025 Commons Chamber

[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.