Armed Forces Commissioner Bill

Debate between Luke Pollard and Graeme Downie

Consideration of Lords message
Wednesday 2nd July 2025 Commons Chamber

[Luke Pollard]

I thank my hon. Friend for placing on the record the military events in his constituency. It is so important that we recognise the links and ties that so many of our military units have with the localities from which they recruit, where they are based and where they serve. I agree with his broader point; the time is right for us to pass this Bill, get it into law, and allow us to move to a situation in which we have an Armed Forces Commissioner able to deal with the issues raised by our people and their family members.

The Government took on board the important debates in both Houses and proposed amendment 2A, to which this House previously agreed. That amendment honoured the spirit of the noble Baroness’s amendments in the other place and actually went further than her proposals, delivering concrete legal protections that were not included in the amendments that are back before us today. We are seeking to reinsert that better amendment, which was made early in the process and in good faith, following discussions and co-operation with the Opposition in the other place. Given the strong cross-party support for the Bill and clear arguments in favour of the amendment in lieu, we had been hoping that that would enable us to conclude proceedings. The Government amendment will establish genuine protection for people wishing to raise a concern anonymously, and will build trust and confidence among our armed forces and their families in a way we cannot envisage will be achieved by the proposed amendments that are before us today.

[Graeme Downie (Dunfermline and Dollar) (Lab)]

I was very happy to serve on the Committee for the Armed Forces Commissioner Bill while it was proceeding through this place. As the Minister knows, there was a large amount of consensus about the need for that process to conclude as quickly as possible, and I recently wrote an article with my hon. Friend the Member for Portsmouth North (Amanda Martin) about the need to give our armed forces the reassurance that this Government are taking action to support them and their families. Does the Minister agree that it really is time to get on with this? We have a consensus in this House that the Armed Forces Commissioner should be able to begin work as quickly as possible.

[Luke Pollard]

I thank my hon. Friend for his intervention, and for the work he has been undertaking with my hon. Friend the Member for Portsmouth North (Amanda Martin). The Armed Forces Commissioner was a key manifesto promise made at the general election, and made with the deliberate intent of providing an independent voice—an independent champion for those people who serve. We know that for many of our people some of the service welfare matters are not good enough, including childcare and the poor state of military accommodation. The ability of the commissioner to raise those issues, investigate them and use the additional new powers not currently available to the Service Complaints Ombudsman is a substantial step forward for our people and a key plank of renewing the contract between the nation and those who serve. I agree with my hon. Friend that I would like to see that get into law.

Briefly, I will remind the House of the protections currently afforded to the armed forces; one thing I have been made aware of during these debates and discussions is that it is worth repeating some of those, so that there can be no doubt about them. All defence personnel are protected in relation to whistleblowing under existing defence policy, which enables individuals to raise and resolve issues in a way that is protected and secure and does not lead to wrongful disclosure of official information.

The armed forces operate within a different legal and constitutional construct to that of civilians, so they are not explicitly covered by the Public Interest Disclosure Act 1998—PIDA. However, as a matter of policy under this Government and the previous Government, the Ministry of Defence already recognises and adheres to the criteria for protected disclosures, and it follows the prescribed procedures and protections for those making a qualifying disclosure. The MOD will not tolerate any form of victimisation of an individual for raising a genuine concern. The Government amendment is supported by further non-legislative commitments which, taken together, further bolster trust and confidence in the Armed Forces Commissioner in that respect. They include reviewing and updating the Ministry of Defence’s policies and protections relating to raising a concern, which would include whistleblowing in the sense we are discussing it today.

To be clear, the Government recognise the importance of due protection for whistleblowers. Indeed, just this week the Cabinet Office is hosting a whistleblowing conference, bringing together policy representatives from across Government to review the current whistleblowing framework and discuss forthcoming changes under the Employment Rights Bill. That Bill contains a new clause strengthening protections for people wishing to make a protected disclosure under PIDA, and explicitly recognises sexual harassment as grounds for a protected disclosure. The Ministry of Defence’s “raising a concern” policy will be reviewed and updated to reflect these changes, and we welcome the interest of Members from all parties in that process.

Armed Forces Commissioner Bill

Debate between Luke Pollard and Graeme Downie

Consideration of Lords amendments
Tuesday 3rd June 2025 Commons Chamber

[Luke Pollard]

I thank my hon. Friend for raising a serious case and a real tragedy, not just for the family of Gunner Beck but our entire armed forces. It needs to be a wake-up call, where we recognise that the behaviour within some of our services is unacceptable and that we need to make improvements. For that very reason we must continue to support the Armed Forces Commissioner Bill, because it will enable family members as well as those serving in uniform to raise genuine service welfare complaints with the commissioner.

It will not solve every problem we have with the culture in our armed forces, but it provides a route for individuals to raise concerns outside the chain of command with an independent champion. My hon. Friend mentions a conversation she had with Gunner Beck’s family, and I would be happy to meet my hon. Friend to discuss that to make sure that we properly learn the lessons that defence needs to learn.

I am proud to come from a naval family and to say clearly from this Dispatch Box that the families of our armed forces matter. For the very first time, this Bill will give them a say and allow them to raise concerns. Family members are a crucial element of the commissioner’s remit, and we agree that the definition of a relevant family member should be subject to parliamentary debate and approval. The Liberal Democrat spokesperson, the hon. Member for Epsom and Ewell (Helen Maguire), raised that point on Second Reading, and we support it. We are moving it from the negative procedure to the affirmative procedure, which will enable that discussion to take place.

Lords amendment 7 is a technical amendment that is consequential on clause 3, and I invite the House to support it. Clause 3 amends section 340B of the Armed Forces Act 2006 to specify that a “person” rather than only an “officer” may decide whether a service complaint is admissible. This is an evolution of the way that the service complaints system has worked and is a prudent change to make.

[Graeme Downie (Dunfermline and Dollar) (Lab)]

The Minister mentions family members and other individuals raising complaints, but some of the complaints will be about devolved issues such as health, education and other issues that affect families. Can he reassure me that the Armed Force Commissioner will have an effective method of working with the devolved Administrations to make sure that the concerns of armed forces across the UK can be addressed?

[Luke Pollard]

My hon. Friend is right that defence is a reserved matter, and so it is appropriate for this place to introduce a UK-wide Armed Forces Commissioner. It is also right that whoever is appointed to the role of Armed Forces Commissioner is able to raise issues of concern with the Administrations in every part of the United Kingdom—whether it is London, Edinburgh, Cardiff or Belfast. Equally, they should be able to engage with local councils. The Armed Forces Commissioner role builds on the work of the Service Complaints Ombudsman, who already has a good working relationship with the devolved Administrations, so I am certain that whoever is appointed to role will be able to build on that and make sure that, for instance, if a housing issue is highlighted by someone based in Scotland, that can be raised with the appropriate individuals in the Scottish Government.

Lords amendment 7 will ensure that the language in section 340N of the 2006 Act is also updated from “officer” to “person” so that there is no inconsistency in the legislation.

I will now turn to Lords amendments 2 and 3 and the debate that took place in the other place about whistleblowing. I thank Baroness Goldie, one of the previous Defence Ministers in the House of Lords, in whose name the amendments were tabled, for her characteristically considered and constructive contributions to the Bill’s passage and for raising a serious issue. The amendments seek to introduce a new general function for the commissioner

“to investigate concerns raised by a whistleblower in relation to the welfare of persons subject to service law and their relevant family members,”

and to define the term “whistleblower” for the purposes of this Bill.

We believe that the amendments, while well intentioned, are unnecessary because the Bill is already designed to provide a voice for armed forces personnel and their families outside the chain of command. The commissioner can already investigate any general service welfare matter that they choose; anyone can raise an issue with the commissioner, including the type of person defined in Baroness Goldie’s amendment; and the commissioner is independent, sits outside the chain of command and the Ministry of Defence, and reports directly to Parliament and not to senior officers nor to Ministers.

Armed Forces Commissioner Bill (Third sitting)

Debate between Luke Pollard and Graeme Downie

Committee stage
Thursday 12th December 2024 Public Bill Committees

[Graeme Downie]

Further to the intervention from my hon. Friend the Member for Colchester, I think the difference between the American system and the British system is stark, not least because of the level of parliamentary scrutiny in this place.

As the Minister has outlined, there is obviously a role for the Defence Committee to pass an opinion. That is our convention, and I think it works very well, in addition to the scrutiny we see from Members of all parties. If that became a problem, I am sure that both Opposition and Government Members would be tabling written questions, motions and whatever else. On Second Reading, the Chair of the Defence Committee, my hon. Friend the Member for Slough (Mr Dhesi), was clear that his Committee would look carefully at that. There is a strong difference between the American system and the British parliamentary system in that regard.

The full independent public process that will be followed for the appointment is another key difference. It is unlike the US system, which has a presidential appointment and under which there is no vetting; anyone can be appointed. We therefore have an additional stage of security, both for public and for parliamentary scrutiny. I feel that amendment 5, although well intentioned, is unnecessary.

[Luke Pollard]

I thank the hon. Member for Epsom and Ewell for her amendment 5. As with amendment 7, it is good to be able to place on the record our intention for how this process should work.

Amendment 5 would insert a requirement for the House of Commons Defence Committee to conduct pre-appointment hearings and to state a positive or negative opinion on the appointment of the Secretary of State’s preferred candidate for commissioner. The Secretary of State would be able to recommend their preferred candidate to His Majesty only following a positive opinion from the Committee.

I draw hon. Members’ attention to the Second Reading debate, during which the Secretary of State confirmed that the Government are keen for the Committee to exercise rigorous pre-appointment scrutiny of candidates to ensure that we appoint the best person to be the independent champion for the armed forces and service families. The hon. Lady’s amendment would certainly set a precedent for wider Government discussion. I suggest that her argument might best be directed in the first instance to the Cabinet Office, given its cross-Government leanings, rather than to the Ministry of Defence.

The Government have said that the pre-appointment scrutiny by the House of Commons Defence Committee should be vigorous and thorough. We expect it to go above and beyond the current process, precisely because the commissioner will report their recommendations to Parliament via the national security scrub in the MOD, so their role is somewhat different from the role of other commissioners who might receive pre-appointment scrutiny from other Select Committees. Their powers are designed to be greater, so a more prominent role will be given to Parliament. We are confident that the existing practices and arrangements in Parliament are robust, that they can address any concerns that the Select Committee may have about a candidate, and that we will be able to take the Committee’s views fully into account before making a recommendation to His Majesty.