Armed Forces Commissioner Bill

Mark Francois Excerpts

2nd reading
Monday 18th November 2024 Commons Chamber

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

As the shadow Armed Forces Minister, I begin by reiterating that Conservative Members approach this Bill as critical friends, with a commitment to strengthening its impact for those who serve this country so bravely. This has been a good-quality debate, conducted in a notably bipartisan spirit. Another sub-theme has been the benign presence of a former Royal Marine mafia—they have been prevalent throughout the debate, from the Veterans Minister himself downwards. For the record, the Veterans Minister was present for the opening speeches, even though he was not allowed to contribute.

We have had a number of extremely good Back-Bench speeches, from the hon. Members for Plymouth Moor View (Fred Thomas), for North Durham (Luke Akehurst), for Angus and Perthshire Glens (Dave Doogan), for Strangford (Jim Shannon), for Leyton and Wanstead (Mr Bailey), for Portsmouth North (Amanda Martin), for Colchester (Pam Cox), for Halesowen (Alex Ballinger), for Dunfermline and Dollar (Graeme Downie), for Livingston (Gregor Poynton), for Hartlepool (Mr Brash), for Bracknell (Peter Swallow), for Broxtowe (Juliet Campbell), for Dudley (Sonia Kumar), for South West Norfolk (Terry Jermy), and—last but not least—for Aldershot (Alex Baker), as well as from my hon. Friend the Member for Exmouth and Exeter East (David Reed).

I am particularly indebted to the hon. Member for Bracknell, who mentioned that he has the Royal Military Academy Sandhurst in his constituency. In tonight’s debate, a number of tributes were paid by hon. Members who have relatives who serve in the armed forces. It is greatly to the House’s credit that we now have so many MPs who have either served in the armed forces, or have loved ones who do. My godson, Second Lieutenant Alexander Blackwell, passed out from the sovereign’s parade at RMA Sandhurst in August and is now a second lieutenant commissioned into the regular Army. I place on the record that I am as proud of him as all other hon. Members are of their family members.

We also had a very accomplished maiden speech from the hon. Member for Scarborough and Whitby (Alison Hume). Not only was she lucid and entertaining, but it was the first occasion in my 23 years in this place on which I have known anyone to get Dracula into a maiden speech—she really got her teeth into it. More seriously, she invoked the memory of our fallen comrade Jo Cox and quite rightly pointed to her plaque, which is on the wall behind me. Of course, Jo is famous for her suggestion that as Members of Parliament, we have more in common than divides us. That was absolutely the spirit of this evening’s very good debate.

At the core of this Bill, as I am sure the Minister will agree, lies a commitment to supporting our armed forces personnel. They deserve a system that not only honours their service, but ensures accountability and fairness in addressing their legitimate concerns. The Bill proposes a model similar to the German system, whereby the commissioner has what we might characterise as Ofsted-like powers, including the ability to enter military sites and access pertinent information for investigations. If executed correctly, this could enhance oversight, transparency and the lived experience of our servicemen and women, strengthening public confidence in how their issues are addressed. A truly independent, well-resourced commissioner with the right powers could be a powerful voice for our service personnel and veterans—I will come back to the topic of veterans—addressing their concerns fairly, transparently and promptly. We believe that this vision deserves cross-party support.

However, there are details in the Bill that we intend to examine closely. We must ensure that it truly delivers on its promises without adding unnecessary complexity to the existing oversight system. As we support the vision of the Bill, we also have a duty to scrutinise how this new role will be implemented, how it will integrate into the current framework, and its implications for those already navigating the armed forces complaints system. In short, the challenge for Ministers will be to convince armed forces personnel and their families that this new legislation will represent real change, and will not just mean replacing the nameplate outside the office of the Service Complaints Ombudsman with a new one that says “Armed Forces Commissioner”. We support the vision, but the proof of the pudding really will be in the eating.

I have questions that I hope the Minister will address in his winding-up speech. First, His Majesty’s loyal Opposition have concerns regarding the transition of cases outstanding with the Service Complaints Ombudsman, whose office will be abolished via clause 1. Some of those cases have been open for a considerable time, causing significant stress and frustration to those affected. Will the Minister explain what will happen to the many cases still outstanding with the current ombudsman? Will they be transferred automatically to the new commissioner? If so, what assurances can he give that the transition, which will follow Royal Assent, will not lead to further delays or the loss of critical information? Our service personnel deserve timely resolutions. Indeed, we must avoid any risk of cases slipping through the cracks during the handover. I hope he will accept that that is a perfectly legitimate concern.

Secondly, what is the timeline for establishing the new commissioner role? Do the Government expect to have the commissioner in place by the time the strategic defence review reports in the first half of next year? Some cynics are already suggesting that that will be in late June 2025. If we could have confirmation on the timeline, that would be helpful.

Thirdly, I come to financial questions. What will be the true cost of establishing and maintaining the commissioner? Paragraph 11(1) of proposed new schedule 14ZA to the Armed Forces Act 2006 states:

“The Secretary of State may make payments and provide other financial assistance to the Commissioner.”

What budget has been allocated to the commissioner’s office for 2024-25? Will that come from the MOD’s budget or from the Cabinet Office? Wherever it comes from, how much money are we talking about? The figure of £5 million has been mentioned a couple of times this evening; I wonder whether the Minister can confirm that. On the financial implications, how will that funding affect other essential services? As hon. Members in all parts of the House know, defence budgets are continually stretched.

Fourthly, another critical area on which we would like further clarity is the authority that the commissioner will hold. Will this individual have the autonomy needed to genuinely advocate for our forces without interference? That point was stressed by the Chair of the Defence Committee, the hon. Member for Slough (Mr Dhesi), in his very good contribution. How will the commissioner interact with the Defence Committee? The Secretary of State confirmed in his opening remarks that the Defence Committee will be involved in the appointment process. Will it have a veto on a proposed appointee if, for whatever reason, it has concerns that they might not be suitable? It is crucial that the Bill brings about measurable change that is beneficial to our service personnel. The proposal in the Bill that thematic reports be laid before Parliament each year is welcomed by the Opposition.

Finally, as a number of hon. Members have asked, what about veterans? Clause 4 will amend the Armed Forces Act 2006 to allow the commissioner to investigate a

“general service welfare matter…which, in the Commissioner’s opinion…arises in connection with the ongoing service of persons subject to service law…or relevant family members.”

There is no direct reference to veterans, even though by definition they previously served in the armed forces, some of them for many years. Given that veterans also experience welfare issues—not least to do with the payment of pensions or outstanding claims from the armed forces compensation scheme—is there scope for allowing the new commissioner to take responsibility for examining those issues, too?

The Royal British Legion states in its very good briefing note on the Bill:

“RBL and Poppyscotland would like clarity on how the Armed Forces Commissioner will interact with the existing Veterans’ Commissioners for Wales, Scotland and Northern Ireland and the proposed National Veterans’ Commissioner.”

When the Minister sums up, will he explain what the relationship will be between the new armed forces commissioner and the proposed national veterans commissioner? While he is at it, will he update us on the progress on the national veterans commissioner? On a related point, the well-respected Northern Ireland veterans commissioner Danny Kinahan resigned recently, for reasons that have not been made entirely clear. Will the Minister update the House on why he resigned, and what arrangements have been put in place for his replacement?

As I have outlined, the Armed Forces Commissioner Bill represents an opportunity to enhance the support and advocacy that we provide to our armed forces. There is potential for the Bill to address some of the most pressing issues facing service personnel today, and to offer essential accountability and transparency to those who sacrifice so much in the service of our nation. It is crucial that we get this right. We are committed to working with the Government to ensure that the Bill delivers on its promise. We owe it to our armed forces to scrutinise the details thoroughly, so that this legislation does not become another layer of oversight that complicates the process, but rather provides streamlined and meaningful support.

By addressing the issues we have raised today—the transition of outstanding ombudsman cases, the urgency of the timeline, the potential costs, the commissioner’s authority and the scope of support for veterans—we can avoid pitfalls. As we move forward and the Bill enters Committee, we will continue to work constructively with the Government in, I hope, the same bipartisan spirit that the whole House has clearly embodied this evening, pushing for clarity and advocating for the changes needed to make this legislation as truly impactful as I am sure that the Government and the Minister intend it to be. Our forces deserve nothing less. We stand ready to collaborate on securing a fair, accountable and effective system that upholds the highest standards for those who are serving and who have served, and their families. We thank them for their service.

--- Later in debate ---

[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.