Armed Forces Commissioner Bill

Luke Pollard Excerpts

Report stage
Tuesday 21st January 2025 Commons Chamber

[Mr Francois]

I wish the new veterans commissioner in Northern Ireland all the best, but suffice it to say that he has a hard act to follow.

In conclusion, we hope that we have been a critical friend to the Bill. We have pressed the Government on death-in-service benefits, and on the continuity of education allowance and its implications for retention, and if we do not receive what I yet hope may be satisfactory answers from the Minister, we might be minded to press the amendments on those issues to a Division.

[The Minister for the Armed Forces (Luke Pollard)]

I thank all Members who have spoken in this debate, and all who served on the Public Bill Committee. The Bill is a landmark step towards fulfilling this Government’s commitment to renewing the nation’s contract with those who serve by strengthening support for our armed forces, and their families, who stand behind them. Our forces face a crisis in recruitment, retention and morale that this Government inherited after 14 years of a Conservative Government; only four in 10 of our service personnel report being satisfied with service life. We need this Bill to establish a champion who can shine a light on the general service welfare matters most affecting our people, so that we in this House can understand those issues and hold this Government and future Governments to account.

I will turn to each of the amendments proposed. New clause 1 in the name of the Liberal Democrat spokesperson, the hon. Member for Epsom and Ewell (Helen Maguire), seeks to bring those going through the recruitment process into the commissioner’s remit. We inherited a retention and recruitment crisis. That is why the Secretary of State laid out a number of policies to improve our recruitment policy early doors. One of them is the 10-30 policy, so ably explained by my hon. Friend the Member for Leyton and Wanstead (Mr Bailey): the policy that a provisional offer will be made within 10 days of an application to the armed forces, and a provisional start date will be given within 30 days. That is a substantial step forward for those joining our armed forces. Some 84% of those who seek to join the armed forces drop out of the process because it takes too long. That is an utter scandal that this Government are determined to address. That is why the 10-30 policy was put in place, and why the Defence Secretary, the Minister for Veterans and People and I have focused on improving our retention and recruitment policies. It is also why I have to resist the hon. Lady’s amendments—because the focus of this Bill is on those who serve and their families. They have been neglected for far too long. That is why this Bill is relentlessly and unapologetically focused on providing an independent champion for them.

I understand why the hon. Lady seeks to include recruits in the scope of the Bill. That would mean 150,000 candidates every single year being added to the workforce on which the commissioner is focused. Our job as a Government is to make it easier to convert more of those applicants into military personnel, and the new lateral entry into cyber work announced by the Defence Secretary is a good example of that, but the commissioner’s focus should remain on those who serve and their families.

New clause 2, on veterans, tabled by the shadow Defence Secretary, the hon. Member for South Suffolk (James Cartlidge), is about ensuring decent engagement with veterans commissioners across the country, and with the chief commissioner of the Independent Commission for Reconciliation and Information Recovery. The manifesto commitment on which the Bill delivers is clear: it is a commitment to addressing the gap in support for military personnel. The commissioner is to highlight the issues affecting personnel today, not matters from the past.

I understand why the hon. Member tabled the new clause, and with the Government’s new role of Minister for Veterans and People, we have made clear our intention of improving the support that we offer veterans, but the commissioner’s role is to support service personnel and their families. It is also the role of the commissioner to decide independently which general service welfare matters they should investigate. That freedom and independence are vital to the role, so it is important to keep the commissioner’s freedom to decide whom to engage with. However, I reassure the hon. Member that I would expect that once the commissioner was established, their terms of reference would be established for engagement with a variety of organisations from the charitable and military charity sectors, including bodies that represent veterans, and veterans commissioners across the UK. I therefore think that the effect of what he seeks will be provided in our implementation of the Bill, so the new clause is unnecessary.

Amendment 7, on the covenant, is also well intentioned. It is important to realise that this is not a stand-alone Bill; it amends the Armed Forces Act 2006, part 16A of which deals with the covenant. The hon. Member for Epsom and Ewell has sought to make the covenant apply to the Armed Forces Commissioner, but I reassure her that as this Bill will insert provisions relating to the Armed Forces Commissioner into the Armed Forces Act, they will already grip in that way. I further reassure her that later this Parliament, the Government will bring forward proposals in the Armed Forces Bill to deliver on our manifesto commitment of putting the armed forces covenant fully into law. I therefore feel that the amendment is unnecessary, but I understand and entirely appreciate why she wanted to bring it forward. I hope that all of us can lend our support to the further implementation of the armed forces covenant, so that it grips not just local but central Government.

On amendment 8, which is on independence, I hope that there is no doubt that the intention that the commissioner will act as an independent champion for our armed forces and hold this and future Governments to account is clear in the legislation, and from commitments that the Defence Secretary and I have made at the Dispatch Box. I therefore generally welcome the principle of the amendment, which we discussed in detail in Committee. The Bill already has a number of provisions to ensure that the commissioner can work and conduct their inquiries separately from Government. Those provisions include measures giving them discretion over the matters they investigate, their reporting powers, their power of entry to defence sites to carry out their functions—without notice, in some circumstances—and an obligation on the Secretary of State to co-operate with the commissioner. Many of those functions will be transferred from the Service Complaints Ombudsman. The ombudsman has highlighted in her evidence that she already feels a strong degree of independence from the Ministry of Defence on decision making. That matters, and I have echoed that in the Bill.

There are important circumstances where it is critical that the commissioner cannot act purely on their own initiative—I refer to the Secretary of State restricting access to sites when there is a valid national security or safety reason to do so. A legal power for the commissioner to act without influence or interference would make that impossible. Certainly in previous conversations, the Opposition have been keen to ensure a suitable qualification to the power to access secret and very sensitive sites, and the amendment would actually go against the argument that they have made elsewhere, so I hope that they will not press the amendment.

I thank the House for its views on amendments 5 and 6 from the Liberal Democrats on the appointment of the commissioner. It is our intention that the commissioner will be in place in 2026. The reason why we have had not only Second Reading and a full Committee stage but Report so soon into this new Government is that we want the commissioner put in place as soon as possible. Our intention to have the operation up and running in 2026 remains in place.

Let me briefly refer to the questions from my hon. Friend the Member for Slough (Mr Dhesi) on the work of the House of Commons Defence Committee. We expect robust scrutiny of any candidate that the Secretary of State puts forward for this role. We expect the relationship that the commissioner has with the Defence Committee to be above and beyond other relationships, because when the commissioner publishes a report, under the Bill, it will not be sent to the Ministry of Defence to decide what to do with it—except in the case of a national security scrub, and I am certain that every Member in this House will understand why that is. It will be sent to Parliament, including to the Defence Committee. In that respect, the relationship between the commissioner and the Defence Committee will be more enhanced than perhaps the relationship between the Service Complaints Ombudsman and the Committee.

On the robust decisions that the commissioner will make, my hon. Friend may be aware that on page 9 of the Bill, paragraph 7 of schedule 1 includes a power for the Secretary of State to appoint people to interim roles if the full appointment process has not been completed. Given the powers afforded to the Service Complaints Ombudsman, the ability of that organisation to function is greatly restricted if there is a vacancy in that office. We have learned from that, and provided a power to ensure that the work of the Armed Forces Commissioner could continue in the absence of a permanent post holder. I hope that will satisfy my hon. Friend. I am eager for the commissioner to be established, and for their office to be operational as soon as practically possible.

On amendment 3 on funding, the Bill has been designed to ensure that the commissioner has the tools, funding and support that they need, now and in future. The Secretary of State has an obligation in the Bill to give the commissioner any reasonable assistance that they request to conduct their work effectively. Should the commissioner feel that their funding—estimated to be in the region of £5 million a year—is insufficient, they can raise this in their annual report, which is one of the mechanisms for providing additional scrutiny to Parliament.

On the family definition mentioned by the hon. Member for Epsom and Ewell, she will be aware that we have committed to setting out the definition of family members in secondary legislation, so that it can be updated if necessary. Families come in all shapes and sizes, and when trying to define “family”, it is important that we consult and get views from a wide range of people. We want to make sure that the definition in the legislation is as accurate as possible, and includes bereaved family members of service personnel, so that they can still access the commissioner. I hope that gives her reassurance.

On the inclusion of minority groups, speaking as someone who represents one of the minority communities that the hon. Member for Epsom and Ewell mentioned, let me be clear that we want the commissioner to engage with a whole range of different communities in our armed forces family. It is important that they do. As we heard from my hon. Friend the Member for North Durham (Luke Akehurst), a non-exhaustive list that left out people with disabilities would be a concern, because I think the hon. Lady’s intention is to focus on minorities. We would expect the commissioner to be able to make a decision themselves in order to deliver that engagement.

[Helen Maguire]

I know the Minister will have read amendment 2 in detail, and is aware that it includes the words “including but not limited to”, and therefore includes individuals with disabilities and others. That is what the hon. Members for North Durham (Luke Akehurst), and for Stafford (Leigh Ingham), were concerned about.

[Luke Pollard]

That highlights the danger of a list. In future amendments that the hon. Lady tables, I would expect her to veer away from lists to avoid that problem.

Briefly, on the inheritance tax that the right hon. Member for Rayleigh and Wickford (Mr Francois) mentioned, the Minister for Veterans and People has replied to him, as I said he would in Defence questions on 6 January. Provisions in the Inheritance Tax Act 1984 will continue to ensure that attributable deaths of active members are exempt from inheritance tax. As the right hon. Gentleman knows, that is a matter for the Treasury, and it would be wrong of me to pre-empt the result of the genuine consultation being conducted by Treasury colleagues. He may need to wait until the Treasury has had a chance to consider the matter. I expect, nonetheless, that he will push his amendment to a vote, because there is a certain level of politics that I appreciate he has to play. It is certainly true that our armed forces deserve better than they have experienced over the past 14 years. Hollowed out and underfunded services, servicemen and women living in accommodation that, frankly, is not good enough, and morale falling every single year of the past 14 years—these are the areas that this Government seek to change.

The landmark Armed Forces Commissioner Bill will deliver a better service for our armed forces and, importantly, their families. We have a lot of work to undo the damage, but I hope the message goes out loud and clear from this House that the creation of an independent Armed Forces Commissioner—a champion for those serving in our military and for their families—is a good thing that enjoys cross-party support. I urge all colleagues to support the Bill.

[Helen Maguire]

I am happy with the reassurance received from the Government, and I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Clause 4

Commissioner’s functions in relation to general service welfare

Amendment proposed: 9, page 2, line 35, at end insert—

“(2A) A ‘general service welfare matter’ may include issues relating to the provision of pensions and death in service benefits to serving and former members of the armed forces and their dependants.”.—(Mr Francois.)

The amendment would enable the Commissioner to include matters relating to pensions and other such benefits, including death in service benefits, in their investigation of service welfare matters.

Question put, That the amendment be made.

--- Later in debate ---

[Luke Pollard]

I beg to move, That the Bill be now read the Third time.

It is a privilege to open the Third Reading debate and to reach this next milestone in establishing the Armed Forces Commissioner. The first duty of any Government is to keep our nation safe. At the heart of that security are the dedicated men and women of our armed forces, and the families who support them. It was a priority for this Government to move quickly and introduce the Bill in our first Session. I am grateful to all Members across the parties for their co-operation in getting the Bill this far in the short space of a few months.

I thank everyone who has played a role in getting the Bill to this stage, particularly the parliamentary staff who have worked on the Bill, and the officials in the Ministry of Defence who have moved at pace to deliver it.

It can be an all-too-rare occasion for this House to find itself in agreement, so I am grateful to Members on all sides, including those in the official Opposition, for their support for the Bill and for the role of the new Armed Forces Commissioner. I thank the right hon. Member for Rayleigh and Wickford (Mr Francois) and the hon. Member for Epsom and Ewell (Helen Maguire), alongside all members of the Bill Committee, for their constructive scrutiny throughout. This is testament to the pride that is felt in all parts of the House in our exceptional armed forces and our shared recognition of the service and sacrifices that they and their families make to keep us all safe.

I also thank the witnesses who gave evidence to the Committee, including the Service Complaints Ombudsman for the Armed Forces, Mariette Hughes, who has provided invaluable feedback, drawing on her time in office, and showed such enthusiastic support for what the Bill is trying to achieve. I must thank her and her team for all their hard work in rescuing much of the service complaints system and getting it in the good shape that it is in today.

I say thank you to the Royal British Legion, Help for Heroes, SSAFA, Cobseo, the Defence Medical Welfare Service, the Army Benevolent Fund, the Royal Marines Charity, the RAF Benevolent Fund and the Army Families Federation, not only for their valuable and thought-provoking participation at Committee stage, but also for their tireless work representing our service personnel and their families. Their views will be crucial to ensuring that the commissioner is a success.

I think it is clear from the evidence that we have heard and from the views shared in this House that an independent Armed Forces Commissioner is the champion that we need to improve service life and to represent our serving personnel and their families.

At a time of increasing instability and heightened tensions, we are asking more of our serving personnel, but they have been badly let down and we are facing a crisis in recruitment, a crisis in retention and a crisis in morale. For the past two years, more people have been leaving our armed forces than joining, and morale hit a record low under the previous Government. Our forces and their families have been failed for far too long. That is why this Government are determined to renew the nation’s contract with those who serve, and the establishment of the Armed Forces Commissioner is a major step forward.

I previously mentioned to the House that the Bill was inspired by the long-established German Parliamentary Commissioner for the Armed Forces. I pay tribute to Dr Eva Högl, who is a superb example of how we can champion and provide a voice to our armed forces. Our proposed Armed Forces Commissioner, like the German commissioner, will have the power to consider the full breadth of welfare issues that may impact service life. They will be a direct point of contact for our forces and their families.

The Bill before us grants the commissioner the necessary access to personnel, information and defence sites to be able to proactively launch investigations, shine a spotlight on issues facing service personnel and their families, and make recommendations to Parliament. They will be able to investigate individual concerns and launch wide-ranging thematic investigations. The Bill also provides for the commissioner to absorb the existing powers of the Service Complaints Ombudsman for the Armed Forces. As we heard from the current ombudsman in Committee, her remit is too narrow and does not allow her to explore the “So what?” behind the complaints she oversees. The new powers will allow the commissioner to do just that, situating the service complaints system in a wider landscape of service welfare and providing that coherent, independent view of those issues facing our serving personnel and their families.

At this time of increasing threat, it has never been more important to raise awareness of the service and sacrifices made by our armed forces and the issues facing the families who stand beside them. We have discussed on the Floor of the House today, and in Committee last month, how critical it is for the commissioner to be independent and impartial, with the discretion to decide what welfare issues they investigate. I hope there is no doubt that our intention is that the commissioner will act as an independent champion for the armed forces and hold this Government and future Governments to account. They will challenge Ministers, strengthen parliamentary oversight and raise awareness of the issues facing our forces.

Several hon. Members from across the House have spoken about the Bill’s application to veterans. I am grateful for those questions and particularly for the contributions of those who have served our armed forces. I would like to reiterate that the Bill is deliberately tightly drawn to focus on those who are currently serving and their families. Looking at the continuous attitude surveys, that is where the crisis we are facing in recruitment, retention and morale is. There are specific issues that need to be addressed for those people who serve in uniform today and their families. The role of the Armed Forces Commissioner as an independent champion for our forces is significant and long overdue.

The issues facing our veterans population are distinct and, as the Secretary of State set out on Second Reading, we are certain that a more effective way of improving support for veterans will be to fully implement the armed forces covenant in law—work that is already in train, led by the Minister for Veterans and People, my hon. Friend the Member for Birmingham Selly Oak (Al Carns).

In conclusion, we must renew the whole nation’s contract with those who serve. The Armed Forces Commissioner is a major step in commencing that important work. This is landmark legislation to establish an independent Armed Forces Commissioner with the mission to improve service life. I therefore commend the Bill to the House.