Armed Forces Commissioner Bill

Debate between Luke Pollard and Julian Smith

Consideration of Lords amendments
Tuesday 3rd June 2025 Commons Chamber

[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.

[Sir Julian Smith (Skipton and Ripon) (Con)]

I acknowledge the many merits of the Bill. However, it seems that Baroness Goldie was seeking to ensure that women such as those abused at the army college in Harrogate, near my constituency, and other victims have a clear and well-known route called whistleblowing. I urge the Government to not underestimate that whistleblowing presents a real opportunity to encourage people to come forward.

[Luke Pollard]

The right hon. Gentleman is exactly right that the entire Bill, to an extent, is about whistleblowing, because it allows anyone in our armed forces and their relevant family members to raise a concern outside the chain of command. Effectively, that is the very heart and soul of what we propose in this legislation.

I will come to the amendment in lieu in a moment, but certainly, with that, we seek to strengthen the provisions that Baroness Goldie’s amendments propose. We agree that there is an issue that needs to be addressed within our armed forces and we recognise that there are behaviours that are unacceptable. The Ministry of Defence’s Raising our Standards work, which the Minister for Veterans and People leads on, is an important part of providing an opportunity for everyone who serves to raise those concerns and have confidence that they can do so within the chain of command, but where they feel unable to do so, there will be a route available to them through the Armed Forces Commissioner to raise those concerns. Equally, as I just mentioned to my hon. Friend the Member for Barrow and Furness (Michelle Scrogham), this is about the ability of family members, who may feel less constrained by the chain of command or the structure of the armed forces, to do so on behalf of their family unit. I entirely understand the purpose of the amendments and I agree with their spirit, but we seek to strengthen them in the amendment in lieu.

One of the key parts of the amendments was to ensure that anyone who raises a concern will have their identity protected. It worth noting that the Armed Forces Commissioner will be bound by the data protection legislation that this House has passed, meaning that the personal information and details provided by anyone who contacts the commissioner will be subject to stringent controls.

On the specifics of the word “whistleblower”, we all understand what we mean when we hear that term, and it is important that we provide opportunities for those within our services to raise concerns. However, it is not completely straightforward from a legal point of view how that is enacted in this piece of legislation. Although there is some limited precedent for the use of the term, there is no single meaning and it requires additional context to explain what it means in each case. That means some technical changes are required to Baroness Goldie’s amendment to make it operable within the Bill, which is why we seek to strengthen it.

The amendments seek to define the term in reference to certain people and topics, but importantly, no additional protections are created because the commissioner can already investigate anything that is contained in the amendment proposed by Baroness Goldie. However, it is a useful opportunity for us to restate the importance of being able to raise concerns, especially about the abuse that happens in our armed forces, and to state on the record from the Dispatch Box that there is no place for any of that abuse in our armed forces and that not only is the Ministry of Defence taking steps to tackle it but there are protections in the Bill to enable that.

None the less, I understand the intention behind the amendments, which is to ensure that people feel better able to approach the commissioner without fear of repercussions or their identity being made public. I wholeheartedly agree with the spirit behind that. A united voice from this House, saying that we will not tolerate unacceptable behaviours, will send a strong message to those watching this debate—both perpetrators and complainants—that the zero tolerance approach we want for the armed forces is one that we will all get behind.