Armed Forces Commissioner Bill

Mark Francois Excerpts

Consideration of Lords message
Wednesday 2nd July 2025 Commons Chamber

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

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

I rise to address the Lords amendments, following yet another Government defeat in the other place.

As I said last month when we last debated this important Bill, His Majesty’s official Opposition are driven by a commitment to ensure that our brave servicemen and women receive the robust, transparent and fair support they deserve. The Bill, which aims to establish an independent Armed Forces Commissioner with Ofsted-like powers to gain access to military sites and information, holds the potential to improve the welfare and accountability framework for our armed forces. If implemented effectively, it could significantly enhance public confidence in the way in which the concerns of service personnel are addressed. I believe that this vision enjoys broad support across the House—although yet again I have to place on record that when we are discussing important legislation that affects the welfare and wellbeing of armed forces personnel and their families, no Reform Member of Parliament is in the Chamber of the House of Commons. They cannot spend the whole of their lives on TikTok, particularly as it is a Chinese system.

Our duty as His Majesty’s Opposition is to ensure that the Bill delivers on its promises without introducing unnecessary complexity. We must scrutinise the way in which the commissioner’s role integrates with the existing complaints systems, and what it means for those navigating them. Today we focus again on the key issue of whistleblowing, which was debated extensively in the other place and which now lies before this House yet again. Our amendments, championed by Baroness Goldie, sought to empower the commissioner to investigate whistleblowing concerns related to welfare and service issues, while guaranteeing anonymity for those who come forward, be they service personnel, their families or others. This is not a radical proposal but a reasonable compromise, incorporating the exact wording of the Government’s Commons amendment on anonymity in reports, alongside our whistleblowing duty.

The Government argue that existing mechanisms—a confidential hotline, investigation teams and improved complaints processes—are sufficient, and that our amendment does not confer additional powers. That stance is, I am afraid, both inconsistent and unconvincing. The Minister’s own “Dear colleague” letter of 30 May generously acknowledged that Baroness Goldie’s amendments had sparked an important debate, yet the Government resist embedding a clear, statutorily protected whistleblowing function. Such a provision is essential to ensure that vulnerable service personnel can raise concerns without fear of reprisal.

Lord Coaker, speaking for the Government in the other place on 11 June, claimed that the terms “whistleblower” and “whistleblowing” might deter individuals from coming forward, citing Cabinet Office guidance. That suggestion is plainly daft. If the term “whistleblowing” is truly a barrier, why does the national health service successfully operate its “Freedom to Speak Up” policy, which explicitly uses the term? Why does the Children’s Commissioner issue an annual whistleblowing report? Those examples demonstrate that the term is not a deterrent, but a recognised and effective framework for protecting those who expose wrongdoing. To argue otherwise undermines the very concept of whistleblowing regimes across multiple sectors and public services in the United Kingdom.

The Government further contend that whistleblowing lacks a clear legal definition. That is simply untenable. Section 340Q of the Armed Forces Act 2006 is entitled “Investigation of concerns raised by whistle-blowers”, and section 29D of the Police Reform Act 2002 provides another clear statutory precedent. Those Acts show that including whistleblowing in legislation adds tangible value, ensuring protections for those who raise concerns. If whistleblowing is robust enough for the Police Reform Act and for the very Act that this Bill amends, how can the Government claim that it lacks clarity or value in this instance? That is totally inconsistent.

The Government’s position is riddled with contradictions. In Committee, our broader amendment to empower the commissioner was dismissed by the Ministry of Defence as being too wide-ranging. In a spirit of compromise, we narrowed it to focus on welfare and service issues. Now the Government claim that the revised amendment is too narrow and lacks sufficient powers. Lord Coaker argued that our amendment, if passed, would limit the commissioner’s investigations to the same scope as current powers, without enabling access to sites, information or documents, or requiring the Secretary of State to co-operate or report to Parliament. If the Government believe that our amendment does not go far enough, why do they not support it and propose their own broader amendment to enhance the commissioner’s powers, which would almost take us back to the status quo ante? This inconsistency suggests a reluctance to engage constructively, as if arguments were being plucked out of thin air to block progress.

Lord Coaker—with whom I dealt when he was in this place, and for whom, for the avoidance of doubt, I have immense respect—also claimed that our amendment excluded family members and terms of service issues, and would apply only to those subject to service law. That is incorrect. Our amendment defines a whistleblower as a person

“subject to service law or…a relevant family member.”

Thus a corporal’s sister, for example, could raise a whistleblowing concern if the corporal faced abuse or bullying by a military colleague. This provision ensures that family members have a voice, directly contradicting the Government’s assertion to the contrary.

Let me give a brief theoretical example. Let us consider the possibility of a whistleblower being someone who served in the British Army in Northern Ireland under Operation Banner. That is an extremely topical issue at present, as the Minister will know, given the Government’s appalling remedial order to excise key parts of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. I do not know whether all armed forces personnel who served in Northern Ireland have privately signed the parliamentary petition entitled “Protect Northern Ireland Veterans from Prosecutions”, but I can say that as of today, more than 164,000 people have signed it. We therefore look forward very much to a debate in Parliament on 14 July on exactly that matter, which I am sure will be followed closely by the veterans community and their families.

This is not an “angels on a pinhead” argument. It is actually quite important. The Government’s assurances about anonymity and communications campaigns to promote the commissioner’s role are welcome but insufficient. A campaign can be no substitute for a clear, statutory whistleblowing provision that service personnel can trust—to be fair, I should add that when we debated the Bill before, the Minister talked about the issue of trust repeatedly. The other place recognised that, delivering another cross-party defeat to the Government in the last fortnight by amending the Bill to include a robust, anonymous whistleblowing route. Our amendment represents a reasonable compromise, aligning with the Government’s own wording on anonymity while embedding a vital whistleblowing duty. To block it would signal that the Government are not serious about working constructively with the Opposition to improve the welfare of our armed forces personnel, so I urge them to accept this compromise in the interests of all who serve.

I will listen closely to anything further that the Minister has to say, but if the Government persist in offering assurances without statutory weight, I will have no choice but to test the opinion of the House. Our service personnel deserve a system that hears their voices and protects their concerns, and if we carry on playing ping-pong—well, that is a sport that I was once quite good at.

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.

--- Later in debate ---

[Luke Pollard]

I agree with the hon. Member for Epsom and Ewell (Helen Maguire) that we should arm the commissioner with the right tools on day one. That is precisely why I do not want to accept an amendment that would restrict those tools and provide weaker protections for people raising whistleblowing concerns via a proposed route, rather that the route that is already in the Bill. It is precisely because I want the Bill to work that I am not accepting weaker amendments.

I always find it useful to use the phrase “flip it to see it” to see whether something would work, and I want to try that here. Let us take the counterfactual: if the Government proposed an amendment that would restrict the commissioner’s access to sites in relation to a whistleblowing complaint compared to a normal complaint, or an amendment that would restrict access to information and documents assisting an investigation for a whistleblowing complaint rather than a normal matter, and that would restrict the requirement for the Secretary of State to co-operate, assist or consider any findings or recommendations on a whistleblowing complaint rather than a normal complaint, I think this House would rightly reject it. I am afraid that is what the Lords amendments would deliver: narrower scope, fewer powers and less ability for the commissioner to investigate.

I hope that the House can see from my remarks that we believe in providing a route for people to raise their concerns anonymously. We believe in the protections for it, and we are updating the “raising a concern” policy that we inherited from the last Government in order to deliver that work. The Bill should be passed and be made an Act of Parliament, so that we can implement its provisions as fast as we can.

The right hon. Member for Rayleigh and Wickford (Mr Francois) argues against the advice that his Government issued. He is well within his rights to do so, given his Government were defeated, but it is contrary to the position that existed until July. I do not support a poorer amendment. I have engaged constructively and will continue to do so, because it is right to do so. That is the spirit of this Government on this legislation, and it will continue to be the case.

The right hon. Gentleman accused the Government of not being serious about working for our armed forces personnel, so let me very clear: I do not accept less for our armed forces personnel. I am not accepting the amendments from the other place, because they would provide fewer protections for people on the route that he suggests and fewer powers for the commissioner to undertake that work. I believe that if it were not for the necessity to play some ping-pong in this respect, he would be agreeing with me on this matter. Let us pass this Bill, put it in place, and give our armed force and their families the independent champion that they so richly deserve.

[Mr Francois]

I have listened very carefully to what the Minister has said, but I am afraid I remain unconvinced. I think he used the phrase “flip it to see it”. I could offer him another one: jaw-jaw is better than war-war.

Baroness Goldie has done a great job in the other place in bringing together people from across the political spectrum to concentrate on this very important matter. I recommend that the House votes against the Government today in order to send the Bill back to the other place, where there should be all-party negotiations, including with Government Ministers, to see if we can find a way through. As things sit here and now, I am afraid we must press this into the Division Lobbies.

Question put.