Armed Forces Bill

Debate between Maria Eagle and Bob Stewart

Thursday 15th October 2015 Commons Chamber

[Maria Eagle (Garston and Halewood) (Lab)]

I welcome the opportunity to speak in today’s Second Reading debate on the Armed Forces Bill. This is my first opportunity to fulfil my new role in the House as shadow Secretary of State for Defence and I would like to begin by thanking the Secretary of State for the courtesy he has shown me so far in arranging appropriate briefing for me from his Department. I am grateful.

Let me start by offering my sincere condolences to the family and friends of Flight Lieutenant Alan Scott of 33 Squadron RAF and Flight Lieutenant Geraint Roberts of 230 Squadron RAF, who died in Afghanistan on Sunday. From the tributes I have read, both men were highly experienced, respected and valued members of the RAF family. Their deaths serve as a reminder of the commitment and dedication of our armed forces personnel, and of the sacrifices they make. The continuing work of our service personnel in Afghanistan makes a positive contribution to the safety and stability of that nation and beyond. I would also like to express my deepest sympathy and extend my condolences to the family of Megan Park, a young Army recruit who died last month while undertaking training in Pirbright. By undertaking her training, she showed her willingness to put herself in harm’s way for her country. My thoughts are with her family and friends.

The Bill renews the legal basis for retaining our armed forces in peacetime for another five years, while we are fulfilling Parliament’s hard-won right to give consent to the Government for so doing. As parliamentarians, we are fulfilling a key function when we consider whether to consent to this measure. That is one reason why the Bill is important. While our armed forces comprise some of our finest and most dedicated public servants, their actions are not protected or circumscribed by contracts of employment. They owe a duty of allegiance to Her Majesty the Queen, which requires them to obey lawful orders. It is the system of service discipline and justice, therefore, that enables commanding officers to enforce that obligation when necessary. We certainly have an interest in ensuring that the system of military discipline and justice is fit for purpose, up to date and works well. That is the second reason the Bill is so important.

The Secretary of State has set out the main provisions in the Bill. It seems to me that they are largely non-contentious, technical and simplifying provisions, all of which we will seek to probe in Committee to ensure they work as intended and to satisfy ourselves that they are fit for purpose. I welcome the provisions extending the circumstances in which commanding officers can require service personnel and civilians subject to service law to be tested for drugs and alcohol after accidents. We will want to be satisfied that the rationale for extending the provisions to cover the three new situations set out in the Bill is sound and to have a fuller explanation for the differences between the powers being taken and those upon which they are based in the Railways and Transport Safety Act 2003. We will also want to be clear that the new provisions are sufficiently comprehensive to encompass all likely circumstances.

We welcome the intention of the Bill in setting out to simplify how people are charged with offences within the service justice system. No one benefits from unnecessary delay or bureaucracy in the administration of justice, in whatever system such potential problems might arise. On the face of it, it seems entirely sensible to remove the delay that might be caused by the requirement to refer a case to the commanding officer when he is not in practice able to try it. If he must simply refer it to the director of service prosecutions, it seems sensible for that to happen without the reference from the commanding officer, but he must of course know what is going on with the men under his control. It also seems entirely sensible to refer to the DSP cases that are connected. We will want to probe further in Committee how much of the existing caseload is likely to be affected—I think the Secretary of State referred to some figures in his opening remarks—and where any disadvantages are perceived in the provisions as drafted. Similarly, provisions relating to enabling the DSP to charge directly instead of directing a commanding officer to do so seem sensible, but we will wish to have full assurances in Committee.

We will also want to be satisfied on the necessity of applying equivalent provisions to those in the Serious Organised Crime and Police Act 2005 relating to immunity from prosecution, undertakings not to use information as evidence and sentence reductions for offenders who co-operate with investigations and prosecutions. We will start from the assumption, however, that if they are useful in the civilian justice system, they might well be useful in the service justice system as well.

The Bill does not cover how UK disciplinary procedures apply to foreign troops trained by British service personnel on British soil. Following the serious and regrettable incidents last year involving recruits from the Libyan general purpose force undertaking training at Bassingbourn camp, the Government published a summary of a report that looked at the Libyan training programme—the full report has now also been published. In January, following the publication of the summary, the Secretary of State said he had asked officials to consider applying UK service discipline to training foreign troops in the UK. In a recent Adjournment debate, the Minister for the Armed Forces said:

“The report asked whether we could apply UK service discipline to troops training in the UK. This would involve bringing foreign troops into the British military chain of command and require significant amendments to the Armed Forces Act 2006. My Department has assessed the challenges and downsides of making those changes and decided that they would currently outweigh any benefits, particularly as we are keen to provide training in-country. I have therefore not instructed my Department to instigate such changes now, but I will keep the matter under review.”—[Official Report, 10 September 2015; Vol. 599, c. 651.]

It is important that lessons are learned from that very serious incident and that foreign troops who come to the UK to train with our military adhere to the same code of conduct as British troops. It is equally important that disciplinary procedures can be put into effect swiftly in cases where criminal offences are committed. The Minister appears to be saying it is too difficult to do this at present, but I hope she will consider fully whether that is an adequate response. As the House will recall, these matters included very serious crimes of sexual assault and rape. Sexual harassment, sexual assault and rape are among the most serious of criminal offences in both civilian and military spheres, and the service justice system must take such crimes as seriously as does the ordinary criminal law.

From meetings I understand have taken place at ministerial and official level, the Minister will know about the military justice campaign being run by Liberty. It has raised serious issues about the collection of statistics on sexual assault and rape and how the service justice system deals with allegations of these serious offences. We will want to probe in Committee what the current state of play is in respect of ensuring that such offences are treated as seriously within the service justice system as they are outside it.

[Bob Stewart]

On the argument about people visiting this country being subject to our military law, a big worry would be that we do not want other nations to apply their military law to our servicemen when they allegedly do something wrong in those countries. We want our military law to extend to our servicemen, wherever they are in the world.

[Maria Eagle]

Of course, the hon. Gentleman has a lot of knowledge of these matters, and I appreciate that such issues, as the Minister must have found, are very complex and difficult. Given the seriousness of the incidents and the fact that the Government undertook to look at the matter, it is important to have a full discussion about why they have come to the conclusion they have. I have not said that I disagree with the conclusion, but I think the House needs to probe fully why the decision, which she undertook to keep under review, was made. We will seek to probe that further during the Bill’s passage. I say no more than that.