Armed Forces Commissioner Bill (Third sitting)

Debate between Luke Pollard and Mark Francois

Committee stage
Thursday 12th December 2024 Public Bill Committees

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

It is a pleasure to serve under your chairmanship this morning, Mr Efford. I will make a brief contribution to say that we take it as axiomatic that the Armed Forces Commissioner will be mindful of the principles of the armed forces covenant throughout the performance of his or her duties. There may be an occasion later in the debate when there is some conflict between those principles and what the Government are currently proposing, but we will highlight that when we get to it, to remain in order.

In essence, it seems to us entirely logical that the commissioner should be mindful of the principles of the covenant, as they are important. The two key principles, for the record, are that armed forces personnel and their families should suffer no disadvantage relative to the civilian population by virtue of their service and that there should be special consideration for armed forces personnel and their families, especially the wounded and the bereaved, in certain circumstances. Having placed those on the record, I am sure the Minister will not demur; hopefully, we can deal with this amendment fairly promptly.

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

It is good to see Members from both sides on this Committee for an important piece of legislation. I thank the hon. Member for Epsom and Ewell for her amendment. I agree that it is important that we place prominence on the armed forces covenant. The amendment would require the commissioner to have due regard to the covenant principles as part of their general functions.

As the Committee will know, the armed forces covenant recognises the unique obligations and sacrifices made by those who serve in the armed forces, whether regular or reserve; those who have served in the armed forces; and their families. The Government are fully committed to the armed forces covenant; indeed, our election manifesto included a commitment to place the covenant fully into law. As the hon. Lady will be aware, we will bring that forward as a provision for consideration in the Armed Forces Bill, probably in roughly two years’ time.

An important aspect of the covenant is that it applies to both serving and former serving members of the armed forces. The Armed Forces Commissioner is very much focused on the serving community and their families. It will be perfectly proper for the commissioner to consider covenant issues where those relate to serving members of the armed forces and their families. I would imagine that those issues would be very much at the heart of what we mean by “general service welfare matters”, as outlined in the Bill. That will be within the remit of the commissioner, alongside the commissioner’s general function to promote the welfare of service persons and their families and to improve the public’s understanding of the issues.

[Mr Francois]

Much of the covenant is already enshrined in legislation, as the Minister probably knows; that was done under the previous Conservative Government. Since he mentioned it, will he explain to the Committee which elements of the covenant he believes are not already enshrined in law and therefore would have to be covered in the next Armed Forces Bill?

[Luke Pollard]

I am very happy to stray out of the lane of the legislation we are considering today towards legislation that we are not yet considering, if the right hon. Gentleman so wishes. As he will know, only part of the armed forces covenant is in law, with a special grip on local government. In our manifesto, we committed to put it fully into law. The Minister for Veterans and People is undertaking a cross-Government piece of work to identify precisely which clauses would need to be inserted into the Armed Forces Act to make that work.

Insertion into an Armed Forces Act is also relevant to the amendment of the hon. Member for Epsom and Ewell. As she will know, this Bill not a stand-alone piece of legislation: it seeks to amend parts of the Armed Forces Act 2006. Can I direct her attention to part 16A of the Armed Forces Act 2006? That is the part that deals with the armed forces covenant. She is right in the respect that the covenant is not explicitly mentioned in this Bill; that is because this Bill, when passed, will be inserted into that Armed Forces Act, which includes part 16A relating to the armed forces covenant. I hope that, on the basis of those reassurances, she will be able to withdraw the amendment.

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[Mr Francois]

I think the amendment speaks for itself. I seem to recall that on Tuesday the Minister laid out a timeframe for the establishment of the commissioner and their office; from memory, I think he said that the intention was to have it up and running in early 2026. Perhaps, in the spirit of the hon. Lady’s amendment, he could say a bit more in his reply about the timing, and particularly about the interview process. I have a particular reason for asking that question, which I will come back to later.

[Luke Pollard]

I thank the hon. Member for Epsom and Ewell for moving her amendment. This legislation is a priority for the Government. We want to do this prominently, to provide a clear signal to our people and their families that their welfare matters are important and should receive a greater focus from the Government and the Ministry of Defence and therefore from the single services. At the same time, it needs to be done correctly.

I share the hon. Lady’s eagerness to make sure that the commissioner’s role is properly established and brought forward. We have not detailed the implementation timetable in the Bill; that would not normally be necessary in primary legislation. As the Committee will be aware, there are several factors affecting the commissioner’s appointment. Notwithstanding the role of the Defence Committee in pre-appointment scrutiny, the commissioner will be appointed following the passage of the Bill. Their role will be subject to a full public appointments process regulated and overseen by the Office of the Commissioner for Public Appointments. In addition, the intended timeframe will need to factor in the passing of the necessary secondary legislation.

We expect this process to continue in 2025. In parallel, we will be undertaking the necessary implementation to ensure a smooth set-up and transition from the current Service Complaints Ombudsman to the new commissioner’s office. It is important to stress that the team in SCOAF are doing a good job, and we should ensure a smooth transition into the new function for all the people working hard to support our armed forces.

I can therefore confirm that we anticipate that the commissioner’s office will be stood up in 2026, but I would expect Opposition and perhaps Government Members to table parliamentary questions throughout to investigate the process that we are undertaking.

It is worth saying that the full public appointments process will also undertake the necessary vetting and security clearances required for this role. That will further build the trust among armed forces personnel not only that the person appointed to the role is experienced, necessary and appropriate, but that they have the necessary vetting and security clearance to undertake a role on military bases in particular. I hope that the hon. Lady will take that reassurance and withdraw her amendment.

[Luke Pollard]

Last year, service morale fell to its lowest level on record, with only four in 10 of our armed forces personnel reporting being satisfied with service life. They reported that the impact on families and on personal life was the leading factor influencing the decision to leave our armed forces. This Bill is a deliberate and major step to strengthen support for our armed forces and the families who stand alongside them.

Clause 1 will establish and set out the functions of the Armed Forces Commissioner by inserting proposed new section 365AA into the Armed Forces Act 2006. It will also abolish the office of the Service Complaints Ombudsman. That is legislative language; the intent is to move it into the Armed Forces Commissioner’s office, but in parliamentary drafting terms the office is abolished. Other provisions of the Bill, which we will come to later, transfer the ombudsman’s functions to the new commissioner.

Subsection (2) of proposed new section 365AA will provide the commissioner with new functions to promote the welfare of service personnel and their families and to improve the public’s understanding of the welfare issues that they face; It will also provide the commissioner with the functions set out elsewhere in the Bill. Subsections (3) to (5) of proposed new section 365AA will give the commissioner the necessary freedoms to carry out their functions and meet their objectives, along with reference to any related restrictions. Subsection (6) introduces new schedule 14ZA, which sets out further detail on the establishment of the commissioner’s office.

Clause 1(2) will abolish the office of the Service Complaints Ombudsman. Clause 1(3) will repeal section 365B of the Armed Forces Act, which established the Service Complaints Ombudsman. Clause 1(4) introduces schedule 1, which will insert new schedule 14ZA into the Armed Forces Act, for those who want to follow it up in their bedtime reading.

[Mr Francois]

The Minister has summarised the clause very well. We understand the intent of the Bill. We said on Second Reading that we would be a critical friend to it, and hopefully that will play out today. Nevertheless, we support the principle of what the Government are doing, so there is no need to divide the Committee on clause 1.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Schedule 1

Armed Forces Commissioner

[Mr Francois]

I declare an interest: I served on the Defence Committee for about seven years. Over the years, there has been a debate about the extent to which the Defence Committee and other Select Committees should have power over appointments in the relevant Department.

If I can draw a quick analogy, the United States Congress has a slightly different constitutional settlement from ours, but its Committees tend to be much more powerful than ours. They and their Appropriations Committee counterparts have what the Americans call line-item power, so they can increase or decrease the spending on a particular defence programme. Would that for one moment the Defence Committee had had that power. I see the Minister grinning quizzically at that.

[Luke Pollard]

For Ajax?

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[Mr Francois]

You think he’s being nice. He’s not really.

[Luke Pollard]

I am aware that there are other people in the room who table questions to us. I will choose some adjectives carefully in due course.

The point that my hon. Friend the Member for Dunfermline and Dollar made is a fair one. The senior appointments process is well established across Government. We enjoy good scrutiny of the process ourselves, as part of its oversight by the structures around the Cabinet Office. We and the previous Government have both focused on that to ensure that the process produces the right people.

I hope that the additional pre-appointment scrutiny by the House of Commons Defence Committee, as well as the seriousness with which the Government and the Committee take the matter, will provide even more robust scrutiny. I would be very happy, where appropriate, to respond to parliamentary questions throughout the process to reassure Members that it is being conducted in a manner that is not only timely but thorough, ahead of any pre-appointment scrutiny by the HCDC.

The spirit of the Bill is to engage Parliament more in the role of this commissioner and to ensure that parliamentarians can have just as much confidence in the role as I hope our armed forces can. The whole process is designed with that in mind. On that basis, I ask the hon. Member for Epsom and Ewell to withdraw her amendment.

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[Mr Francois]

I do, but I have a contrary concern. People are leaving the armed forces in greater numbers than are joining. The other day, the Minister said— he will correct me if I have this wrong—that for every 100 who join, 130 are leaving.

[Luke Pollard]

indicated assent.

[Mr Francois]

The Minister is nodding. We have a problem: our armed forces are shrinking. That is not necessarily purely for budgetary reasons; we are not going to get into the 2.5% of GDP discussion—I would love to, but I do not think the Chair would thank me for it. More are leaving than are joining and there are a number of reasons why. As a former Armed Forces Minister, I was commissioned by a previous Prime Minister to write a report on why people leave. It was called “Stick or Twist?”, because that essentially encapsulated the dilemma that service personnel and their families face. By the way, the decision to leave is usually a family decision—it is a kind of kitchen table conversation.

The overwhelming reason why they leave, as we have said, is the pressure of service life on family life. One reason why quite a few personnel are leaving now, however, is that they are worried about the legal implications of the work that they do and, bluntly, whether the Government have their back. That is becoming a bigger and bigger issue. If the commissioner is there to ensure the welfare of service personnel and their families, along the lines that the Minister articulated very well in the debate on clause 1 stand part, they are going to need some kind of legal capability to investigate those sorts of issues.

I take the points made by Government Members, but we are seeking to ensure that, whether it be full time or part time, the commissioner has the necessary legal firepower, for want of a better word. This comes back to the whole debate about trust; the service personnel need to be convinced that, if they have a worry or issue about lawfare, the commissioner is equipped to deal with it effectively. That is the spirit of amendment 10. I hope that the Minister will acknowledge that the issue is becoming an increasing worry for service personnel. Again, for the sake of brevity do not get me going on Northern Ireland veterans this morning. But this is a problem, and that is why the amendment was drafted.

I do not want to try the Committee’s patience, so, to summarise, we believe there is a broader issue here about the whole effect of lawfare on modern warfare—the effect it is having on both the recruitment and the retention of His Majesty’s armed forces. Having tabled the amendment to provoke a debate on that issue, and how the commissioner might help, I am very interested to hear the Minister’s response to a genuinely well-meaning suggestion.

[Helen Maguire]

On amendment 3, we feel that the financial and practical assistance of the commissioner must be absolutely appropriate. It is crucial that there is this resource, and that the commissioner can carry out the dual role of both promoting the welfare of service personnel and their families and improving public awareness of these issues. If those ambitions are to be met, alongside the existing responsibilities of the ombudsman role that are to be assumed into the commissioner’s remit, the commissioner needs to be properly resourced. That is why we feel that amendment 3 needs to be included in the Bill.

[Luke Pollard]

I am grateful for the amendments as they give me the chance to speak about a number of issues. I first turn to amendment 9, tabled by the right hon. Member for Rayleigh and Wickford. He said that the purpose of the amendment was to require the commissioner’s staff to include a King’s counsel to provide legal advice to the commissioner. I agree that the provision of quality legal advice to the commissioner is essential, and having the facility in house may well be something that a commissioner will want to specify when setting up their own office. I think it is right, however, that the commissioner should be able to make their own judgment about what type and what level of legal support they may require.

It is worth reminding the right hon. Gentleman that the commissioner looks at general service welfare matters and not the conduct of military operations, which I realise he is familiar with. I will come on to the other points that he raised subsequently, but it is worth saying that welfare matters are the commissioner’s main remit.

[Mr Francois]

If you were one of the service personnel who was put through hell by Phil Shiner, that would be a welfare matter for you and your family. I could read into the record stories of stress, worry and angst that armed forces personnel have had to go through, sometimes for years, at the hands of Phil Shiner and his law firm, so let us not be over-semantic about it, Minister. For many personnel and their families, this was agonising. It jolly well is a matter of service welfare, because of the effect that it had on many people, many of whom subsequently left the armed forces, effectively in disgust. It really is a matter of welfare, and that is why we tabled the amendment.

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[Luke Pollard]

The hon. Gentleman raises a fair question. As part of establishing the Armed Forces Commissioner’s office, it may be appropriate for the commissioner to say that they would like a certain level of military expertise, be it serving or in a veteran capacity. The commissioner could have that conversation with the Secretary of State. I do not think that we would immediately volunteer or immediately deny—that would be based on the recommendations of the commissioner and the dialogue about where that sits—but I refer the hon. Gentleman to the amendment that we are making in the Bill to remove the requirement for an officer to make a decision. In one respect, we are seeking to remove military roles from the SCOAF function that can be done by a civilian. It is appropriate to ensure that if any military support is given to any part of the wider MOD family, we make the correct decision about whether it should be a military or civilian role, so we can ensure that we use the military in roles where they have the biggest impact in respect of our national security. However, I totally understand the hon. Gentleman’s point.

The right hon. Member for Rayleigh and Wickford raised the issue of lawfare. The Government recognise that the large proportion of allegations targeted at our service personnel in Iraq were without foundation, and we acknowledge the importance of protecting our people from improper and vexatious accusations of the type perpetrated by Phil Shiner. The judgment by the court shows that Phil Shiner spread falsehoods against our brave armed forces, and the Ministry of Defence submitted evidence of his abuse to the legal system, which contributed to his being struck off. The Government are renewing the contract with those who serve and have served, and that includes protecting our personnel from improper and vexatious accusations of the type perpetrated by Phil Shiner.

The right hon. Gentleman will also be aware of the ongoing inquiry in the High Court into matters that are either the ones related or near to the ones related. He will appreciate that I cannot comment on them now, but I entirely understand the right hon. Gentleman’s passion, which he knows I share, for ensuring we look after our people better than they have been looked after to date.

I turn to amendment 3, tabled by the hon. Member for Epsom and Ewell. I share her intention of ensuring adequate provision in the budget for the Armed Forces Commissioner. The Secretary of State will have an obligation under proposed new section 340IA(7) to

“co-operate with the Commissioner so far as is reasonable”

and to give them any “reasonable assistance” that they require. That will ensure that they have the necessary assistance from the Secretary of State to conduct their work effectively.

Should the commissioner feel that their funding is insufficient to carry out their functions effectively, they will have the opportunity to raise the matter in their annual reports, which are presented to Parliament. The Secretary of State is accountable to Parliament, and this mechanism will provide the ability to scrutinise and challenge any funding decisions. However, it will be for the commissioner to determine the shape and structure of any staffing or budget spend.

As the shadow Minister has confirmed, we estimate in the explanatory notes that the budget for the Armed Forces Commissioner, based on careful scrutiny of the work of our friends in the German armed forces commissioner’s office, will be approximately £4.5 million to £5.5 million a year. That is a significant increase on the funding for the Service Complaints Ombudsman, which at present is roughly £1.8 million a year.

While being wholly independent of the MOD, the commissioner will be required to abide by the financial rules, regulations and procedures laid down by both the Treasury and the MOD in the commitment to financial resources—something I think we would expect de minimis on a cross-party basis. We heard from the current Service Complaints Ombudsman on Tuesday that this is a common model and works well, so including a commitment to ensure sufficient funding and practical assistance, per amendment 3, or increasing it in line with inflation, per amendment 10, is not necessary. Amendment 3 in particular may introduce a level of subjectivity into the legislation that would be difficult to measure.

I welcome—I think—the right hon. Member for Rayleigh and Wickford’s rejection of austerity budgets and the commitment to increase public funding in line with inflation. I suspect that he has not quite thought through the full implications of that across all areas of Government spending. None the less, the slow process of rejecting the austerity politics that I so know him for is interesting. I welcome that movement.

What is certain is that the functions in the Bill provide a format for the Secretary of State and the commissioner to have a reasonable conversation about the budget. The budget that we are setting represents a considerable increase and is modelled to deliver a service that involves not only a continuation of the SCOAF functions, but the investigations and the wider visits portfolio that has been mentioned. We feel that that is sufficient, but I suspect that any Member of Parliament who feels that the budget is insufficient, based on the reports tabled by the Armed Forces Commissioner in their annual reports as opposed to thematic reports, will be able to ask suitably challenging questions of the Government of the day about ensuring that staffing levels and financial support are right, just as we would expect for access and the implementation of recommendations. On that basis, I ask the right hon. Gentleman to withdraw his amendment.

[Mr Francois]

I will respond in kind to what the Minister says. As he will recall, his calculation was that even if the KC that we have been debating conceptually were full-time—we can argue about the rate—it might cost about £1.3 million a year. We never stipulated that it would be a full-time post; I think the Committee has explored. The essence of amendment 9 is that the commissioner would have access to high-level legal advice. Even if it were £1.3 million, given that our policy going into the election was to increase defence spending to 2.5% of GDP by 2030, I think we could have found £1.3 million within that number. The Minister is the one with the challenge, because he does not have a date for 2.5%. If he ever gets one, we would all like to hear it. I think we could have afforded the post, even if it had been full-time—and we did not mandate that it had to be.

[Mr Francois]

That is correct, and under the Tories in the mid-1990s it was well over 3%. The problem is that a lot happened in the 14 years, including a war in Ukraine. That is why we probably need to spend 2.5% as quickly as possible.

Even if the Minister’s calculation is correct, by the time a senior NCO in the British Army gets to the rank of WO2, the King—or the Queen, before him—will probably have spent the best part of £1 million on training them. If they then leave, perhaps because they have had a very bad experience at the hands of the likes of Mr Shiner, that is £1 million of investment that has just walked out the door.

To be fair, the Minister understands the pressure. According to some figures that I received in answer to a recent parliamentary question, the strength of the British Regular Army is 71,300. This was in October. The establishment strength—the book strength, or what it is meant to be on paper—is 73,000. It was 72,500, but then there was an add-back of another 500, partly for the two Rangers Battalions. The British Regular Army is now nearly 2,000 soldiers short of what it should be, even on paper. Unfortunately, the trend is that more people are leaving than joining.

I am not highlighting that point in order to say that the whole lawfare issue is the only reason that people are leaving the British armed forces. That is not my argument, but it is one reason, and it is likely to get worse unless the Government do something about it. That includes doing something about the so-called Northern Ireland legacy Act.

I hope I have made the point sufficiently this morning; I am grateful for the way in which the Minister has acknowledged it and dealt with it. As I think the point has been made, I will not press amendment 9 or 10. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the schedule be the First schedule to the Bill.

[Luke Pollard]

Schedule 1, by inserting proposed new schedule 14ZA into the Armed Forces Act 2006, primarily outlines the procedural aspects of the commissioner’s role and functions, including their legal status and terms of appointment, as well as disqualification and the delegation of functions. It encompasses the commissioner’s length of term, staffing arrangements and funding.

It is important that we set the parameters for the Armed Forces Commissioner while ensuring sufficient the impartiality and independence of their role. There are several provisions in place to ensure that this is the case, including paragraph 1 of proposed new schedule 14ZA, which establishes the commissioner as a corporation sole, setting them up to be legally separate from the MOD.

Although paragraph 3 of proposed new schedule 14ZA outlines that the commissioner is to be appointed by His Majesty on the recommendation of the Secretary of State, it should be noted that, as mentioned earlier, on Second Reading the Defence Secretary stated that he was keen for the House of Commons Defence Committee to exercise the toughest pre-appointment scrutiny as well, and I think he genuinely means that. We expect that to be robust, and I look forward to witnessing those sessions in due course. We need to appoint somebody who can do the job as a fearless, independent champion, and the Secretary of State will certainly take close note of the Select Committee’s views in any pre-appointment hearing.

Paragraph 4 of the proposed new schedule disqualifies a civil servant or member of the regular or reserve forces from being the commissioner. This is to ensure a fresh and independent perspective.

Under paragraph 5 of the proposed new schedule, to ensure both ministerial and parliamentary oversight, the commissioner must provide written notice to the Secretary of State should they wish to resign. Although the Secretary of State may dismiss the commissioner if specific criteria are fulfilled, they must specify their reasons for doing so via a statement to the relevant House of Parliament. For the benefit of new Members, that means that if the Defence Secretary is a Commons Minister, it would go to the Commons, and if they are a Lords Minister, it would go to the Lords. None the less, it would be accountable to Parliament.

--- Later in debate ---

[Luke Pollard]

I am happy to write to the hon. Member with our expectation of which specific clearance type would be required, but on the second part of his question about what happens if someone loses their clearance, it will be a condition of the role that they would be subject to the Official Secrets Act 1989 and require the necessary clearance, and in such circumstances they would not be fulfilling the terms and conditions of their role. I hope that gives the hon. Member suitable assurance.

Question put and agreed to.

Schedule 1 accordingly agreed to.

Clause 2

Commissioner’s functions in relation to service complaints

[Mr Mark Francois]

I beg to move amendment 11, in clause 2, page 2, line 15, at end insert—

“(2) Once the functions of the Service Complaints Ombudsman become functions of the Commissioner, the Commissioner will investigate individual service complaints in the same manner as they were previously investigated by the Service Complaints Ombudsman.”

This amendment would clarify that the Commissioner will investigate individual service complaints, as the Service Complaints Ombudsman did, as well as investigating general issues and publishing thematic reports.

[Mr Francois]

The Committee will be pleased to know that I think we can deal with this fairly briefly. The amendment was tabled prior to the public evidence session on Tuesday, when I sought some clarity on something the Minister said on Second Reading regarding the extent to which the Armed Forces Commissioner will be prepared to take up individual complaints on behalf of service personnel or their families who have already exhausted the MOD’s complaints process. The Service Complaints Ombudsman currently has the ability to do this at their discretion.

Speaking to the amendment gives me the opportunity to commend the current Service Complaints Ombudsman, Mariette Hughes, for the very good job that she and her staff have accomplished in virtually clearing the considerable backlog of complaints that were sitting in her in-tray. She told us on Tuesday that they now have only— from memory—30 individual cases left, all of which are live and actively being looked into. Given the history, as the Minister will know—I see he is nodding— this is a remarkable achievement, which drew praise from the Committee at the time that should be briefly repeated here.

If I may slightly cheekily say so—I promise I have not spoken to Mariette about this—when asked on Tuesday she indicated that she might be minded to apply for the post when it is advertised. I would chance my arm as far as to say that, based on her track record to date as Service Complaints Ombudsman, at the very least I think she should deserve an interview. It strikes me that she would be a strong candidate for the new role, although that will ultimately be a matter for the interview panel and, as we have discussed, for the Defence Committee, at least in part.

When we questioned the Minister on whether the Armed Forces Commissioner would have the power to continue to deal with individual complaints that had exhausted the MOD’s own complaints process, in addition to conducting the wider thematic investigations envisaged in the Bill, he confirmed that indeed they would. That is reassuring, but I would like to give the Minister the opportunity, should he wish, to add anything more about how he sees the process of dealing with individual complaints working in practice under the Bill.

[Luke Pollard]

I echo the shadow Minister’s praise for the work of the Service Complaints Ombudsman in reducing the backlog. Can I go further and thank all her team as well? We have seen a whole-team approach, and she has been able to marshal and deliver a much-improved service that is a helpful building block for the Armed Forces Commissioner’s office. I will not be drawn on who the Armed Forces Commissioner should be, for obvious reasons, but we would expect someone senior, with an ability to deliver, to take on that role after a proper appointments process has taken place.

I am grateful to the right hon. Member for Rayleigh and Wickford for tabling the amendment on how the commissioner will investigate individual service complaints. I will address his amendment and clause 2 together. The Bill already makes provision for the existing functions of the Service Complaints Ombudsman, set out in part 14A of the Armed Forces Act 2006—including those that relate to the investigation of individual service complaints—to be transferred to the new commissioner. The amendment is therefore not necessary.

To reassure the Committee, the Service Complaints Ombudsman’s functions and workload will be absorbed by the new commissioner’s office, and implementation work will continue in parallel with the passage of the Bill to ensure the seamless transition of all cases—new, active and closed—to the commissioner. There will be no interruption to Service Complaints Ombudsman service users during this process, and the Bill makes provision for transitionary arrangements to be put in place if necessary. The Bill abolishes the office of the Service Complaints Ombudsman, so it is imperative that its functions be transferred properly to the new Armed Forces Commissioner. Furthermore, the new commissioner’s remit will be much broader than that of the ombudsman, and they will be able to proactively launch investigations into issues faced by service personnel and their families.

On the shadow Minister’s specific question, going a level below the detail I set out, it will be a matter for the commissioner as to how they choose to investigate. However, the broad understanding is that, as well as taking on the Service Complaints Ombudsman functions, the commissioner will seek to receive views from armed forces personnel and their families. They will then be able to make a decision or look at areas for deeper thematic reviews. I would expect there to be a certain level of correspondence on issues, but it will be up to the individual commissioner to decide how best to resource that and what procedures, policies and thresholds need to apply. That will be a matter for the commissioner rather than me as a Minister to set out. I hope on that basis that the right hon. Gentleman is reassured and will withdraw his amendment.

[Mr Francois]

I did assure the Committee that we would deal with this briefly. There has been a purpose to this brief debate, not least in placing on the record our praise and admiration for the current Service Complaints Ombudsman. That may or may not be a factor in any future interview. With that hopefully achieved, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 2 ordered to stand part of the Bill.

Clause 3

Procedure for making service complaints

Question proposed, That the clause stand part of the Bill.

[Luke Pollard]

Clause 3 amends section 340B(2)(a) of the Armed Forces Act 2006 to specify that a specified person may decide whether a service complaint is admissible, rather than the function needing to be carried out by an officer. The clause will allow civilians, in addition to military personnel, to make assessments of whether a complaint made by a member of the armed forces is admissible in the service complaints system. Currently, specified officers exist in each of the services and are responsible for deciding whether a statement of complaint is admissible as a service complaint.

Let me explain the admissibility process: a statement of complaint is not admissible as a service complaint if, first, the same complaint has been made before; secondly, it is about an excluded matter as set out in legislation; thirdly, it has been submitted outside the required time limits; or fourthly, the complaint is not from a serving or former service person. The admissibility decision therefore does not require skills or experience specific to military officers, but the way the legislation is interpreted often precludes civilians from undertaking this task. This clause makes a small, technical amendment that will make the service complaints system more streamlined by allowing any competent person to deal with a complaint, rather than just a military officer.

[Mr Francois]

I have one question. We understand the reason for the clause and, as the Minister has made plain, the Bill amends the Armed Forces Act 2006, so the amendment is to that legislation. We understand why the Government have changed “officer” to “person”; will the Minister give an assurance that such persons could include the immediate family of a member of the armed forces? I ask because sometimes members of the armed forces are reluctant to complain, but their family feel very strongly that they should. Without wishing to start any rows within a household, will the Minister put it on the record that if the circumstances merited it, a civilian who is a member of the immediate family of a service person could go to the Armed Forces Commissioner if they were very worried about their loved one’s welfare? If he could give that assurance on the record, we need not detain the Committee much longer.

[Luke Pollard]

I thank the right hon. Gentleman for his point. It is important to distinguish between the different roles of the commissioner. The clause makes an amendment specifically in relation to the service complaints process, rather than the broader functions we are adding to the Service Complaints Ombudsman role to create the commissioner.

There are certain provisions, as set out in the Armed Forces Act, that mean that only a serving member of personnel or a veteran raising an issue from the time of their service can complain in the service complaints system. We are, however, expanding the provision outside that provision for welfare matters that sit outside the service complaints system. In that situation, family members will be able to raise an issue or a concern with the commissioner, but that is not a service complaint. I reassure the shadow Minister that that function will still be held by the current rules.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Kate Dearden.)

Armed Forces Commissioner Bill (Fourth sitting)

Debate between Luke Pollard and Mark Francois

Committee stage
Thursday 12th December 2024 Public Bill Committees

[Mr Francois]

The hon. Gentleman anticipates me, because if he looks down the list of amendments, he will see that new clause 2 talks specifically about veterans’ commissioners. Perhaps at that point he might want to intervene on me again, as long as it does not mean Mr Betts misses his train.

I hope that I have made my point. I shall be interested to hear what other Members in the Committee think, and particularly what the Minister’s view is.

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

I have four quick responses. First, it is good to know that there is a journalist watching or listening to these proceedings. I wish her all the best with the article she will no doubt follow this debate with. Secondly, being artful and cheeky are compliments on both sides of this divide, so I think we can take those as benefits.

Turning to the substantive points, the first is on placing a specific category of general welfare matter on the face of the Bill. It will not surprise the right hon. Member for Rayleigh and Wickford that I say it should be for the commissioner to decide which matters they consider to be a general service welfare matter. As my hon. Friend the Member for Broxtowe mentioned, it is quite possible that there will be people who feel strongly about childcare, others about the state of their housing, and others still about a range of service matters. It is for the Government to set up the powers of the commissioner so they can make a decision free from the influence of Ministers on what that should be.

The right hon. Gentleman will understand if I resist the temptation to specify one measure in the Bill and not others. The danger of trying to have an exhaustive list is that there will always be matters excluded from it, no matter how declaratory or helpful is the intention of putting certain measures on the face of the Bill. I assure the shadow Minister that pensions, which are of course extremely important, are not excluded from the scope of the commissioner. If they are considered to be a general service welfare issue, pensions can already be investigated without having to specify them on the face of the Bill. I hope he understands that his amendment is unnecessary to achieve that.

On the second issue the shadow Minister raised, he is, I hope, familiar with the answer to his written question given by my hon. Friend the Minister for Veterans and People, who replied:

“Inheritance tax on pensions is subject to a technical consultation which runs between 30 October 2024 and 22 January 2025. The Ministry of Defence will follow legislation as per Government proposals.”

I commend the shadow Minister for raising an issue like this, but he will understand that a proper consultation by the Treasury and His Majesty’s Revenue and Customs is under way, and it is for them to undertake that. He has placed the issue on record here and separately, in his written question to my ministerial colleague. I encourage him to share the experiences he has raised with my ministerial colleague who looks after armed forces pensions, so he can look further into that. I entirely commend him for his artful cheekiness in raising it in this Committee.

These are precisely the issues that the commissioner should have the power to investigate and, based on the Bill in front of us, will have the power to investigate, but I do not think it is for any one of us to specify which issues, because that constrains the independence of the commissioner. We spent this morning talking about the importance of reinforcing the independence of the commissioner. This afternoon, we should continue that argument and not seek to direct the commissioner through a declaratory addition to the Bill about one area. The commissioner will be able to look at pensions as a general service welfare matter, as they see fit. I suspect, given the shadow Minister’s energy, that he will seek to raise the issue further.

Regarding pensions, there is already a set procedure that allows current service personnel veterans to raise complaints through a process called the internal disputes resolution procedure. These cases are assessed by discretionary decision makers within the Defence Business Services authority, and if people are unhappy, they can appeal these decisions to the Pensions Ombudsman. I recognise the shadow Minister’s strength of feeling on this. Notwithstanding his specific issue, which is worthy of being raised on the Floor of the House, I hope he will understand why I resist the idea of having a declaratory point about one particular area, as in his amendment. As such, I ask him to withdraw his amendment, but also to keep in contact with my ministerial colleague, who will be able to look into this matter in further detail.

[Mr Francois]

I thank the Minister for his compliment about my “artful cheekiness”. I am rather hoping that the Whip will have written that down. Again, quoting from Larisa Brown’s article,

“It is understood that inheritance tax would apply to service personnel who are killed while off duty, for example if they are driving to and from work.”

She also includes a comment from a spokesman from the Forces Pension Society, who said they believed it was an “unintended consequence”— we are trying to be fair to the Government—but added,

“For the military, death is an occupational risk, so we also believe this is a breach of the armed forces covenant, which says that service personnel should not be disadvantaged by virtue of their service.”

I understand what the Minister has said, and I know there is a technical consultation, but this is important not just to us and to the Forces Pension Society; it will genuinely concern armed forces personnel and their families.

[Luke Pollard]

I neglected to respond to the point made by the hon. Member for Spelthorne. If a member of the armed services dies, they are no longer able to access the commissioner because of their death. However, we are deliberately introducing secondary legislation that will define bereaved families to enable them to access the commissioner. I hope the hon. Gentleman is reassured that, in the circumstances that the right hon. Member for Rayleigh and Wickford is talking about, the families of those affected will still be able to raise an issue with the commissioner. The wording of that secondary legislation is being prepared by the Ministry of Defence and will be published in draft form as the Bill progresses through Parliament.

--- Later in debate ---

[Mr Francois]

I am grateful to the Minister for what he has said; it is very gracious of him. I do not think it is to betray a confidence to say that he and I have threatened to sit down and have a cup of coffee several times to talk about the accommodation issue, in particular. I thought I would take this opportunity to remind him of that—perhaps we can do that early in the new year.

[Luke Pollard]

I will check with my husband whether I am allowed a cheeky coffee date with the right hon. Gentleman.

[Mr Francois]

He has nothing to fear!

[Luke Pollard]

I will resist the temptation to comment. [Laughter.] The right hon. Gentleman and I share a common view that the defence accommodation for our armed forces is not good enough. I raised the matter consistently in opposition, and he has done so as well. We need to get on top of it. My ministerial colleagues—the Minister for Defence Procurement and Industry and the Minister for Veterans and People—are leading the work. Although a coffee would, of course, be lovely, I suspect that the right hon. Gentleman would be better having it with my ministerial colleagues, so that they can look at the detail of what he is saying.

It is important that we deal with those retention and recruitment issues, but I do not quite agree with the hon. Member for Spelthorne, who spoke about operations abroad and welfare at home being separate. The whole point of a general service welfare matter and the broad powers we are giving the commissioner is that the commissioner is able to investigate such matters in all circumstances. The only distinction is whether an unannounced visit can be delivered. I think all members of the Committee will understand that there is a difference between turning up to a UK facility and turning up to one abroad, especially with a number of defence facilities abroad being in locations where there are greater concerns around security. I think we all understand the distinction that we make there, and that is why welfare is a priority.

If I may correct the hon. Member for Spelthorne on one point, the Chancellor gave Defence an extra £2.9 billion in the recent Budget, not the £2.6 billion he mentioned. It is good to have a Government increase defence spending in their first Budget. If we roll back to 2010, the new Conservative Government cut defence spending in their first Budget, so we are going in the right direction.

On the substantive issue that the right hon. Member for Rayleigh and Wickford raised about SEND, I say to him that that is precisely the type of issue that I would expect a commissioner, in due course, to look at as part of their thematic reviews, because we know it affects the welfare of our people and their families. The sequence in which issues are dealt with will be a matter for the commissioner, but I entirely support the right hon. Gentleman raising that as an issue, because it is important, just as housing, childcare and other issues raised by hon. Friends are important for our service personnel. Indeed, as in the case of a constituent raised by my hon. Friend the Member for South West Norfolk, we know that welfare matters directly affect our deployability. If our people are not able to fulfil all their duties in service life because of the impact of their home life, that reduces our warfighting capabilities. That is why we are putting so much effort into general service welfare matters as a new Government.

I commend the right hon. Member for Rayleigh and Wickford for raising this issue. He is absolutely right that the state of SEND support across the country is not good enough. The Department for Education and the Education Secretary herself have made it very clear that it is a priority for the Government. We have made it a priority precisely because in every single community across the country, including the one I represent in Plymouth, people are unable to access SEND support for their children or to get an education, health and care plan in a timely manner. That is especially difficult for our armed forces personnel, where there is a movement between areas.

The right hon. Member for Rayleigh and Wickford will know that there has been a development in relation to education, health and care plans where a young person leaves England. An agreement has been made between the Ministry of Defence and the Department for Education that clarifies the powers and flexibilities to, importantly, maintain EHCPs in scenarios where children are temporarily absent from England—this is a devolved matter across the UK—but that does not get to the whole heart of what he is saying. That is why DFE is taking such important steps. It is also why the Ministry of Defence now has an armed forces family fund, which has been provided with £1.2 million to support service children with additional needs.

Let me say very clearly that all of us across Government need to do more to support families with SEND children and young people. That is why we have made the issue a priority, and I expect it to be one the commissioner will want to look at. If they do, I am certain the Ministry of Defence will be able to fully furnish them with information and provision, because we want them to shine a spotlight on issues where things are not right, so that we can improve them for our servicepeople.

[Mr Francois]

The Minister mentioned the devolved Administrations point, and that is encouraging. I gave an example of someone who moved from Tidworth garrison to Catterick garrison. Is it now the case that they could port their EHCP from Wiltshire to Yorkshire, as if they had got it from Yorkshire in the first place? Have we got to that stage yet or not?

[Luke Pollard]

I think the right hon. Gentleman and I have slightly different recollections of Tuesday’s discussion on this. I would like us to get to a point where armed forces families that move around the country are better able to be supported. The DFE is leading on a piece of work on education, health and care plans, and we know that the Ministry of Housing, Communities and Local Government is involved in that.

We need to make sure that the development of digital EHCPs and the requirement for common formats between English local authorities will assist in that direction of travel. That will reduce the time taken to convert plans between different local authority formats for mobile families, including those in defence. Additionally, live access plans will offer armed forces families greater empowerment and agency in the planning and management of their EHCPs.

The Ministry of Defence’s local authority partnership outlines a set of voluntary principles adopted by 19 local authorities, predominantly in strong defence areas. The principles enhance the existing provision for armed forces children in the SEND code of practice. This is an issue that we as a new Government are looking at on a cross-departmental basis. I expect us to make further announcements in due course about the details and changes we want to put in place. We recognise that EHCP provision and SEND provision across the country are not what they should be. We have inherited a really poor and concerning picture from the previous Administration, and we are seeking to get to the bottom of it and improve it.

[Mr Francois]

I take no umbrage at all at what the Minister said about Tuesday—Her late Majesty herself famously said that recollections may vary. I think the point has been made. Could he give the Committee one last commitment before we end the clause stand part debate? Could he assure us that when he gets back to the Department, he or one of his fellow Ministers will chase this up in a timely manner with his colleagues at the DFE, in the hope that we can secure the kind of progress he was intimating at, including on the IT front? It would be a shame if this very pressing issue was held up because of a software glitch between computer A and computer B in two different local authorities. Could he give us his word of honour, which we would take, that he will go back to the Department and press on this to try to get some good news in the new year?

[Luke Pollard]

Certainly, strides are being made right across Government to improve SEND provision. It is absolutely true that SEND provision is a shame on our nation. We have inherited a situation from the previous Government that is unacceptable for our young people and children. It is unacceptable for civilians and people in service life, and it is something that we seek to change.

I am happy to continue the conversations that the MOD is having with the DFE, in particular, to look at how we can support these provisions. However, in relation to the Bill, I would expect this to be an area that the commissioner could look at. When they are inviting representations—when their office is stood up—I suspect that service families and service personnel will be wanting and able to share their experiences of a system that is not working the way it should be. We are trying to put change in place, and I know that that position is shared on a cross-party basis. We have to do a lot better than the situation we have inherited, in order to support people, and young people with SEND.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Consequential amendments

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Luke Pollard]

I was coming to that point. At any one time, there are roughly 150,000 applicants in the military joining process, all of whom are still civilians and who would be brought under the scope of the commissioner by this amendment, were it to pass. That could vastly increase the workload of the commissioner and mean that service personnel and their families would not get the attention they need.

[Mr Francois]

On the point about recruitment, I hope the Minister, who is fair-minded, would be prepared to attest that in the previous Government, when I was on the Back Benches, there was no fiercer critic of Capita than me. I wish the previous Government had done something about their poor record and I invite the new Government to do something about that—the sooner the better.

[Luke Pollard]

I believe the right hon. Gentleman has not been on Capita’s Christmas card list for quite some time. Speaking as the Minister responsible for recruitment, we have set out some policies in relation to improving our recruitment process, in particular the time of flight issue that I mentioned to the hon. Member for Spelthorne. We will be making further announcements in the new year on how we seek to improve that, but there is work under way in all the single services and across the Ministry of Defence. The right hon. Gentleman invites me to say something now, but I ask him to hold his nerve; there will be further announcements in due course.

On the concern about recruits, potential civilian recruits are unlikely to have encountered general service welfare issues in the same way as those people who are in service, who will be the principal remit of the Armed Forces Commissioner. The experience of potential recruits is very important and we have set a new ambition for the armed forces to make a conditional offer in 10 days and provide a provisional start date in 30 days. On their first day of basic training, candidates complete an attestation that makes them a member of the armed forces, subject to service law and therefore within the scope of the commissioner from that first moment.

To reassure the Committee, the new Government’s work in improving retention and recruitment is part of a package of measures aiming to renew the contract between the nation and those who serve. We are modernising and refining our policies and processes to attract and retain the best possible talents, highlighting that Defence is a modern forward-facing employer that offers a valuable and rewarding career.

There will be further announcements about how we seek to build on recruitment in the new year, but let me put firmly on the record that there are a lot of people who want to join the armed forces, especially young people looking to establish a good career in our military. We and all those with responsibility for supporting our armed forces need to improve the recruitment process to enable them to join, and that will improve the warfighting capability—the lethality—of our armed forces and thus the deterrent effect.

The issues that the hon. Members for Epsom and Ewell and for Spelthorne raised are very important. We do not believe recruits should be within the scope of the commissioner because they are outside the scope of service law, but I entirely recognise that there may be issues that recruits may wish to raise with the Armed Forces Commissioner about the recruitment process subsequent to their joining the armed forces. The commissioner would therefore need to make a decision on whether to take up those issues, based on whether they fall within the definition of a general service welfare matter. On that basis, I hope the hon. Member for Epsom and Ewell will withdraw the new clause.

--- Later in debate ---

[Mr Francois]

To begin on a light-hearted note, I thank the hon. Member for Portsmouth North for pointing out that I do not sit in the shadow Cabinet. If she wants to drop my leader a note recommending that, I promise not to stand in her way. Bless you—have a good weekend!

On a more serious note, there is concern, which I hope I have managed to evidence, about the decision to move the Office for Veterans’ Affairs into the MOD. I think that point has been made, but now that it is the MOD’s responsibility departmentally it would be very helpful if, when the Minister writes to me—obviously, he will write to every member of the Committee; it is copy one, copy all for anything that relates to a Committee proceeding, as you will recall, Mr Betts—he gives some detail in reply to the questions I have asked. Where is this English and/or UK veterans commissioner? We raised that question on Second Reading, so when the Minister replies, perhaps we could be updated and given a date for when that is actually going to happen. If it is not going to happen, perhaps we could be told why. Perhaps we could also have some response to what has clearly happened in Northern Ireland, which is obviously undesirable.

Perhaps in his note, the Minister could also explain the Government’s conception of how the Armed Forces Commissioner will relate to these three, possibly four—hopefully four—veterans commissioners. When somebody makes the transition from being a serviceperson to being a veteran, that is a big thing in their life, particularly if they have served for quite a number of years. When they hand back their MOD 90 ID card—which as the Minister knows, servicepeople are supposed to do, but some forget—and get their veteran’s ID card in return, that is a big thing in their life, particularly if they have served for 22 years, say. That is a massive transition, so if the Armed Forces Commissioner is going to do their job effectively, remembering what armed forces personnel go on to do and the changed status they have is something that should legitimately be at the forefront of their mind. There should be some mechanism whereby they can interact with the veterans commissioners around the United Kingdom, so I do not think it is an unreasonable ask.

[Luke Pollard]

At the risk of repeating myself, it would be for the Armed Forces Commissioner to determine interactions, but I would expect the commissioner to establish procedures for consulting and engaging with a whole range of armed forces communities’ representatives, including those who represent veterans’ communities. As we know, many veterans’ organisations have interests similar to those of the serving population, so I suspect that the commissioner themselves would establish those procedures. None the less, I am happy to include that in the note.

[Mr Francois]

I take the point. We have made the case, and I hope the Minister will reply promptly—let us say January, please, not March or June. Perhaps the Minister could write to me and the other members of the Committee in January, when we come back from our Christmas break, specifically about what is going to happen to those veterans commissioners, because they are now under the purview of his Department.

With that said, Mr Betts, we do not want you to miss your train. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Oral Answers to Questions

Debate between Luke Pollard and Mark Francois

Monday 18th November 2024 Commons Chamber

[Mr Speaker]

I welcome the shadow Minister to his place.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

Thank you, Mr Speaker—it is nice to be back. On recruitment, many who join the armed forces began their military journey as cadets. The previous Conservative Government’s cadet expansion programme successfully established hundreds of new cadet units in state schools. However, this Labour Government have recently withdrawn a critical £1 million-plus grant that supports cadet instructors in many of the very same state schools. Will the Government as a whole urgently review that very unwelcome decision?

[Luke Pollard]

I welcome my shadow to his place. The Government are committed to cadets. It is a really valuable pastime for young people, which provides skills and opportunities that will last them a lifetime. The Minister for Veterans and People is reviewing the cadet force to ensure that it can continue to play a really important role for young people and support the overall mission of defence.

[Mr Francois]

I welcome the Minister’s kind welcome. On retention, how can we persuade people to remain in our armed forces if they sense that the new Government do not really have their back? In that context, will the Ministry of Defence start to defend its own veterans within Whitehall, and argue that the perverse plan to repeal the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 should be abandoned as soon as possible?

[Luke Pollard]

I had such high hopes for the right hon. Gentleman as my shadow. Let me be very clear: the Government are renewing the contract between the nation and those who serve—a contract that had been eroded over 14 years, with black mould in military accommodation, falling morale and gaps in our capabilities. We will not only support retention and recruitment, but through the work that the Defence Secretary does in Cabinet and the work of the Minister for Veterans and People, we will support our veterans as well.

Armed Forces Commissioner Bill

Debate between Luke Pollard and Mark Francois

2nd reading
Monday 18th November 2024 Commons Chamber

[Luke Pollard]

The hon. Gentleman is right about the important role that families play in supporting not just serving personnel but veterans. I am grateful to him for mentioning families, and to a number of other Members who spoke passionately about that important role that they play and the need for the commissioner to be open to representations from family members. I am particularly grateful to the hon. Member for Slough, who spoke about bereaved families in an intervention during the Secretary of State’s speech. The Bill does not give an exact definition of family members; that will be included in secondary legislation that will be published between the House of Commons and House of Lords stages. I am glad that the hon. Member for Epsom and Ewell talked about kinship carers, and I should be happy to discuss them with her. We want to get this right, and putting such a definition in the Bill will enable it to be locked in. I want Members on both sides of the House to feel empowered to challenge us and help us to provide that definition, so that the Bill is drafted adequately to help serving personnel and their families to deal with service life—and that must include all the shapes and sizes of families as they exist today.

A number of Members mentioned the spending of 2.5% of GDP on defence, to which the Government are committed. The Bill states explicitly that the Armed Forces Commissioner will deal with general service welfare matters. I think it important for me to put that on record, because the commissioner will be dealing with the lived experience of those who serve and their families. This will not involve looking into “Secret Squirrel” operations or operational deployments, or the spending of 2.5%, 2.4% or any other figure; it will involve looking specifically at the welfare of those who serve. However, I realise that a number of Members want to make points about the 2.5%, and I will continue to encourage them to do so. I hope that they also welcome the extra £3 billion for defence that was announced in the Budget only a few weeks ago.

Several Members spoke about the armed forces covenant and this new Government’s manifesto commitment to putting it fully into law. I reassure them that the determination to do that is strong in the ministerial team. The Defence Secretary himself has made it clear that he wants it to be included in the armed forces Bill, which is the next piece of legislation on which the MOD will be working. I am grateful to the Members who spoke so passionately about the importance of the covenant in their constituencies. My hon. Friends the Members for Stoke-on-Trent Central and for Hartlepool in particular, as well as my hon. Friend the Member for Colchester and my next-door neighbour, my hon. Friend the Member for Plymouth Moor View, spoke with passion about armed forces champions. My hon. Friend the Member for Plymouth Moor View and I share a brilliant armed forces champion in Councillor Pauline Murphy, and her determination and fierce approach to protecting and supporting the armed forces family are precisely what I hope to see in the Armed Forces Commissioner, because we need someone who will focus relentlessly on improving service life.

[Mr Francois]

When the Bill goes into Committee next month we shall be able to explore these issues in more detail, but—particularly for the benefit of the Royal British Legion and Poppyscotland—will the Minister, before he sits down, update the House on what point we have reached in respect of the national veterans commissioner?

[Luke Pollard]

The right hon. Gentleman may have missed my earlier suggestion that Members should take up their points with the Minister for Veterans and People, because this Bill is about serving personnel. However, I recognise the genuine concern felt by the organisations that he has mentioned, and I encourage him to speak to the Veterans Minister, who is currently looking at representation for veterans. I expect the commissioner to have relationships with a host of organisations across the country, and I am happy for that to be picked up.

The hon. Member for Strangford asked serious questions—as I believe did the shadow Minister, the right hon. Member for Rayleigh and Wickford—about what will happen with a complaint being processed by the current Service Complaints Ombudsman for the Armed Forces that is transferred to the Armed Forces Commissioner. If it is a service complaint, and the complaint relates to a period of service and was raised within the time limit, the Armed Forces Commissioner will continue to investigate even if the complainant has left the forces. That is the same as the current SCOAF position. For new Armed Forces Commissioner investigations, it will be at the discretion of the commissioner whether to continue the investigation, bearing in mind that their investigations will be largely thematic, rather than picking up individual cases. I hope that reassures Members that the work will continue and any complaint currently being handled by the SCOAF will be continued.

That gives me a good opportunity to thank our current SCOAF, Mariette Hughes, and her team for their work. The Bill is designed deliberately not to adjust the service complaints system. The opportunity to do so in legislation may exist in an armed forces Bill, and I am happy to speak to Members who have concerns about the legislation relating to service complaints so that we can make sure that any edits required are included in the next such Bill.

A number of Members asked who can raise a complaint with the Armed Forces Commissioner. I am pleased to confirm that whether someone is a regular, a reserve, a recruit or a re-joiner, they will be able to raise an issue with the commissioner, as will family members of those people, in relation to the commissioner’s investigation work. That relates to the rank and grade question. We expect everyone, especially within defence, to treat the Armed Forces Commissioner with respect. The Secretary of State will be required by law to assist the commissioner with their investigations, and the appointment process that we are seeking to start will be for a very senior appointment. I reassure colleagues that the commissioner will require security clearance at a high level, because of the visits that they may make to military establishments, and they will be bound by the Official Secrets Act. Any investigation and anything they come across on their base visits will be held in the secrecy and at the classification that it deserves.

There were a number of questions about digital access. It will be up to the commissioner to decide how people will be able to raise an issue with them, rather than for us to specify it in the Bill, but I understand the issues that colleagues have raised and I would expect the commissioner to be fully accessible on various platforms, both digital and non-digital.

My hon. Friend the Member for Dunfermline and Dollar asked the devolution question. As this is a reserved matter, it is the responsibility of the Westminster Parliament to deal with it here. However, it is conceivable that the Armed Forces Commissioner may investigate an issue that is the responsibility of the Westminster Government in England but is devolved to Wales, Scotland or Northern Ireland. In such circumstances, we anticipate that the Armed Forces Commissioner would engage with devolved Assemblies and Administrations, and I would expect a relationship to be formed between them over time so that any issues could be addressed fully. The legislation will be for the MOD to apply, and reports will ultimately flow through the House of Commons Defence Committee, but I recognise what my hon. Friend said and I hope that, through the operation of the Bill, that will be developed.

I am really grateful to the shadow Secretary of State for joining me in one of my nerdy pursuits in defence legislation and asking why Gibraltar is not covered. As a former Defence Minister, he will know that the reason Gibraltar is often excluded from defence legislation, separate from other overseas territories, is that it has an agreement with the United Kingdom to replicate the Armed Forces Act in its own legislation, but serving personnel and their families stationed in Gibraltar should be in no doubt that they will be able to access the Armed Forces Commissioner. I reassure the hon. Member for Strangford that clause 6(1) clearly sets out that the Bill will apply to Northern Ireland and, indeed, all members of our United Kingdom family of nations.

A number of colleagues mentioned the commissioner’s budget. The budget has been modelled on input from the German model. That is why we are proposing an increase from the current SCOAF budget to £4.5 million to £5.5 million. The shadow Minister wondered why that figure arose a few times in the debate. If he turns to page 12 of the explanatory notes, he will see that it says “£4.5 - £5.5m”. I suspect that is the reason why so many Members raised the figure, but it will be for the commissioner to determine how many staff they wish to employ, in what roles and how the budget is allocated.

The Chair of the Defence Committee asked how the Bill sits with our broader strategy for our armed forces personnel. This is our first step in our work of renewing the contract between the nation and those who serve. It is exactly right, as was mentioned earlier, that it forms only one part of what we have announced. The wraparound childcare announcement that the Secretary of State made at the weekend is a good example of the direction of travel that people serving in our armed forces should expect from this Government: a clear direction that says we will look not only at the kit, capabilities and doctrine in the strategic defence review, but at the lived experience for each and every one who serves, to see how we can improve it. That relates to the broader strategy about how we can measure success—not only in terms of the lived experience improvements and the additional scrutiny of such issues, but the opportunity for us to do that.

I may disagree with my hon. Friend the Member for Portsmouth North on where the home of the Royal Navy is, as I represent Devonport in Plymouth, but I am grateful for all the contributions. Finally, I echo the words of my hon. Friend the Member for Aldershot, who summed up the debate very well when she said that armed forces personnel

“just want the basic equipment that they need to be able to do their jobs and a good life for their families…because if they are willing to fight for us, it is the very least that we can do.”

I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Armed Forces Commissioner Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Armed Forces Commissioner Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 17 December 2024.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Jeff Smith.)

Question agreed to.

Armed Forces Commissioner Bill (Money)

King’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Armed Forces Commissioner Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(a) any expenditure incurred under or by virtue of the Act by the Secretary of State, and

(b) any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.—(Jeff Smith.)

Question agreed to.