214 Mark Francois debates involving the Ministry of Defence

Tue 2nd Jun 2026
Armed Forces Bill
Commons Chamber

Committee of the whole House
Tue 14th Apr 2026
Armed Forces Bill (Fifth sitting)
Public Bill Committees

Select Committee stage: 5th sitting
Tue 14th Apr 2026
Armed Forces Bill (Fourth sitting)
Public Bill Committees

Select Committee stage: 4th sitting
Thu 26th Mar 2026
Armed Forces Bill (Third sitting)
Public Bill Committees

Select Committee stage: 3rd sitting
Tue 24th Mar 2026
Armed Forces Bill (Second sitting)
Public Bill Committees

Select Committee stage: 2nd sitting
Tue 24th Mar 2026
Al Carns Portrait The Minister for the Armed Forces (Al Carns)
- View Speech - Hansard - - - Excerpts

It is a pleasure to speak in Committee of the whole House on the Armed Forces Bill. I start by placing on the record my thanks to the members of the Select Committee on the Bill for their thorough and constructive consideration of the Bill, and their extensive special report.

There are a considerable number of amendments and new clauses before the Committee. I will speak first to the amendments in my name, and then I will focus principally on other amendments. I will endeavour to address as many of the new clauses as possible in my closing remarks, after listening to the points raised in the debate.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- View Speech - Hansard - -

I apologise for interrupting so early, but before the Minister gets into his stride, I would like to place firmly on the record that we are debating legislation of material importance, relating to the care of our armed forces, and yet again, there is no Reform Member of Parliament present. Does the Minister agree that there is a massive irony here? These plastic patriots love to wrap themselves in the flag, but they cannot be bothered to turn up in Parliament to debate the fate of those who serve to defend it.

Nusrat Ghani Portrait The Chairman
- Hansard - - - Excerpts

Order. Obviously interventions are taken by those who wish to take them, but we need to make sure that interventions and speeches stay within the scope of the debate.

--- Later in debate ---
Nusrat Ghani Portrait The Chairman
- Hansard - - - Excerpts

Marvellous. I call the shadow Minister.

Mark Francois Portrait Mr Francois
- Hansard - -

I rise to speak to amendments 1, 2, 3, 4, 5 and 6, and new clauses 1, 2, 3 and 6, which appear in my name and those of my hon. Friends. I will say a little about each amendment and new clause in turn. I will also refer to new clause 5, which appears in the name of my hon. Friend the Member for Huntingdon (Ben Obese-Jecty), and say at least a little about the multiplicity of Government amendments that have just been tabled, in particular Government amendment 54 on the proposed Crown immunity for the defence housing service. By your leave, Madam Chairman, I propose to speak to the amendments first and then to refer to the new clauses a little later in the debate so as not to try the patience of the Committee with an inordinately long speech.

I hope that we have collectively done the House and, indeed, the armed forces a service in our scrutiny of the Bill so far. The Select Committee on the Armed Forces Bill, most of whose members are here, held seven oral evidence sessions on the Bill’s contents, as well as making a fact-finding visit to the Defence Serious Crime Command in Fareham and to defence housing sites at Emsworth near His Majesty’s Naval Base Portsmouth. As a Committee, we received 47 pieces of written evidence and heard from 42 witnesses. Having held the evidence sessions, we then went through a detailed process of line-by-line scrutiny of the Bill and produced our subsequent report to the House, which was published on 29 April.

The Bill has already had quite a detailed amount of scrutiny; however, it is right that a measure of such importance is now in Committee on the Floor of the House. I reiterate my disappointment that Reform does not regard these proceedings as important. I am sure that the rest of us do; that is why we are here.

Rachel Taylor Portrait Rachel Taylor (North Warwickshire and Bedworth) (Lab)
- Hansard - - - Excerpts

I reiterate the fact that there are no Members here from the party led by the hon. Member for Clacton (Nigel Farage), in particular because so many of the local authorities responsible for implementing the armed forces covenant are led by that particular party. It is grossly incompetent that they are not here to listen and learn.

Caroline Nokes Portrait The Second Deputy Chairman of Ways and Means (Caroline Nokes)
- Hansard - - - Excerpts

Order. May I reiterate the comments made by the Chairman of Ways and Means earlier? The point that the hon. Lady and others have raised is not in the scope of this Bill, so perhaps it is best if we move on.

Mark Francois Portrait Mr Francois
- Hansard - -

Thank you, Ms Nokes. I will not cut across your ruling, but I do nevertheless say that I wholly agree with the hon. Member for North Warwickshire and Bedworth (Rachel Taylor).

During the process of the Bill so far, we in His Majesty’s Opposition have sought to act as critical friends, agreeing with the Government when we think they have done the right thing and probing them when we think they could perhaps have done better. The Government have now tabled some 81 new clauses and amendments in toto. Many, as the Minister has said, are relatively minor or technical drafting improvements, but some are quite substantial, in particular those relating to the proposed new defence housing service and the service justice system.

I would like to ask the Minister a specific question about Government amendment 54, the essence of which is that, where property held by the defence housing service is to be treated as property held on behalf of the Crown, the defence housing service should have

“the same immunities, privileges and exemptions in respect of its holding of that property as would apply if it were property held by or on behalf of the Crown.”

It would be helpful if the Minister could explain to the House exactly what that means in practice.

--- Later in debate ---
Calvin Bailey Portrait Mr Calvin Bailey
- Hansard - - - Excerpts

The right hon. Member is making a powerful point, and it is something I hope that I can expand on as the chair of the all-party parliamentary group on the armed forces community. We have worked extensively with the Department for Education on this matter, and I hope to be able to address the right hon. Member’s concerns in my speech later. Does he recognise that special educational needs and disability policy should fall under the Department for Education, and that the point of the armed forces covenant is that we can have some leverage over the Department for Education rather than placing this detail in the Bill?

Mark Francois Portrait Mr Francois
- Hansard - -

There has been a leak: the hon. Gentleman has clearly had access to my speech. He has put a lot of work into this issue, so perhaps I can meet him halfway with what I am about to say.

In fairness, there are already DFE guidelines that can facilitate the portability of an EHCP from one local education authority to another. The crucial point, however, is that that is by voluntary agreement, and there is no guarantee that if service personnel are transferred at the behest of their commanders, the LEA into which they will move will accept the EHCP on transfer. The essence of amendment 2 is that it would ensure that that process does take place, rather than leaving it as a matter of discretion for the receiving LEA, which itself may be under considerable pressure to meet the demand for SEN support.

Amendment 3, which relates to adoption and fostering, is similar in spirit. It would mean that service personnel who have begun the fostering and adoption process under one local education authority would not have to go again to the back of the queue, as it were, if they were to transfer to another. The spirit of both amendments is the same.

Andrew Snowden Portrait Mr Andrew Snowden (Fylde) (Con)
- Hansard - - - Excerpts

I place on record my thanks to the shadow Minister, the APPG and others for their work on this matter. I have constituents—I am very proud to represent Weeton barracks—who have had to make that choice because of the postcode lottery to which my right hon. Friend refers. Whether an LEA accepts the transfer is down to its discretion. That is such an important point, and I thank him for making it.

Mark Francois Portrait Mr Francois
- Hansard - -

My hon. Friend is bearing out the point that there are real-world examples of this issue coming into play, and he has done the Committee a service by reiterating that.

The Minister for Veterans and People kindly met me and my hon. Friend the Member for Solihull West and Shirley (Dr Shastri-Hurst) last month to discuss whether the Government might be able to do more on this subject, and in fact the Minister for the Armed Forces referred to that meeting in his remarks a few minutes ago. During the meeting with the Minister for Veterans and People, we suggested—here is the leak—that, given the announcement in the King’s Speech that there would be a new Bill on the whole topic of special educational needs, one way of achieving the aim of the amendment might be to include such a provision in that Bill—in a DFE Bill, rather than an MOD Bill. That would still, at the end of the day, achieve the same desirable outcome. The Minister undertook to go away and look at the matter, including potentially in consultation with colleagues from the DFE. Having received her letter of yesterday, I have to say, more in sorrow than in anger, that I was extremely disappointed in its tone. It was a classic civil service boilerplate reply that bore little relation to the discussion that we had in the Minister’s office. I can only ask her to look at this again, perhaps in the context of the new DFE legislation, as I have just suggested.

Calvin Bailey Portrait Mr Calvin Bailey
- Hansard - - - Excerpts

Rather than the shadow Minister extending his speech, I urge Members concerned with this area to perhaps listen to what I will explain, which is the work that we have been doing with the DFE. We have had members from the armed forces community from across the country liaising directly with the Department for Education and the Minister for Veterans and People. I will try to put that across in my speech.

Mark Francois Portrait Mr Francois
- Hansard - -

I do not want to pre-empt what will no doubt be an erudite speech, but the key point is that there is a mechanism for doing this—we are halfway there.

If service parents get a transfer order a few months in advance, then unless they can be certain that the receiving LEA will accept their EHCP, which they may have gone through a bureaucratic minefield to achieve—I am sure we all have individual examples from our constituencies—are they going to risk it? Will they stick or twist? Or will they leave the service and try to find somewhere local to live, but at least keep the precious EHCP? The nub of the matter is whether we can make it mandatory that the transfer takes place. Having made the point, I will rest, and wait for the contribution from the hon. Member for Leyton and Wanstead (Mr Bailey).

Amendment 4 is similar in spirit to amendments 2 and 3, but relates to the national health service rather than to education. The essence of the amendment is that military personnel who are already on a waiting list for treatment in one NHS integrated care board area should not suffer any disadvantage relative to the civilian community if, again, they have to be transferred for operational or other service-related reasons. In plain English, they should not lose their place in the queue.

Andrew Murrison Portrait Dr Murrison
- Hansard - - - Excerpts

One area that will blight the lives of many of my right hon. Friend’s constituents as it does mine is, of course, primary care dentistry. People can move from one end of the country to another into a dental desert—Wiltshire is one of those. Does he think that there is a case for putting a duty on integrated care boards to translate people’s position with an NHS dentist—where they are lucky enough to find one—to their new area? I am thinking particularly of Wiltshire and the shortage of places, especially for service children and the partners of service personnel.

Mark Francois Portrait Mr Francois
- Hansard - -

My right hon. Friend is of course a former MOD Minister himself and represents a large number of service personnel. It is obvious from his intervention that he understands the issue very well. What he has just asked me is wholly in line with the spirit of our amendment.

My hon. Friend the Member for Solihull West and Shirley unfortunately has a competing commitment this afternoon with the Justice Committee and the report on jury trial, which I hope the House accepts is a very important matter. He hopes to join us later in the debate when he has attended to that. Given his medical expertise, he pressed this point with the Minister for Veterans and People at the same meeting that I have referred to. Sadly, again, we received an equally uninspiring reply. For the record, given that the King’s Speech also presaged new legislation on NHS organisation, we sought to suggest that one way to proceed might be to include an amendment in that Bill rather than in this one. In other words, that medical issue could be put in a Bill introduced by Ministers from the Department of Health and Social Care. I reiterate our request, perhaps to the Government more broadly, to consider what we still regard to be a sensible proposal.

I turn now to amendment 5 on court martial boards. One issue highlighted during our visit to see the service justice system was the challenge of finding sufficient officers to serve on court martial boards who are in no way connected with the defendant. That can become more of a challenge as defendants become more senior, as the pool of officers from which to draw narrows as one moves up the promotion pyramid. The essence of the amendment is to allow retired officers to be drawn upon to help comprise the membership of boards for court martial, and therefore to widen the potential pool of those who might be available to undertake this important military and, indeed, civic duty.

Andrew Murrison Portrait Dr Murrison
- Hansard - - - Excerpts

I am grateful to my right hon. Friend for giving way; he is being very indulgent. I agree with him and—with respect—not with the Minister, because my recollection from being the Minister at the time was that there was a shortage of officers to populate court martial boards. When in office, we ensured that the process was service agnostic, which gave a bigger pool from which to draw. Would it be a compromise to allow retired officers of a certain seniority or length of time out of service, since that would maintain the currency that clearly is troubling the Minister? Does my right hon. Friend agree that the Minister is right to require OR-7s, as well as warrant officers, to serve on court martial boards since that would expand the pool of people available?

Mark Francois Portrait Mr Francois
- Hansard - -

Again, my right hon. Friend makes a very important point: allowing tri-service boards increases the potential pool, even of senior officers, who can serve.

When we made that visit, the Minister was not able to be with us. That is no criticism; he is an MOD Minister, and he has a lot to think about—he has a great deal to think about at the moment—but he was not able to be there on that visit, so he did not hear it from the horse’s mouth. This issue was raised with us by practitioners in the service justice system.

Mark Francois Portrait Mr Francois
- Hansard - -

They told us as a Committee—I am looking round the House for nods of assent from others who were on the visit, and I am getting them—that it was a problem, and it was cramping the ability to hold court martials. All we were trying to do was justify the cost of the train ticket to the taxpayer and prove that we had listened to what we were told on the visit, so I do not quite take the Minister’s sanguine approach that there are plenty of officers to go round. I will not hammer the nail any further, but I respectfully ask him to look at this one more time, particularly after the contributions today.

--- Later in debate ---
I turn briefly to new clause 2, which is about the laying of the defence investment plan.
Mark Francois Portrait Mr Francois
- Hansard - -

I fully acknowledge the hon. Gentleman’s point about education being a devolved matter, which makes the SEN issue more complicated. He is quite correct about that, but does he acknowledge that amendment 2 allows for that and specifically refers to it? Secondly, there is no cross-border issue in England. If I agree with him that this would best be done via an education Bill, will he agree with me that in England there is no impediment whatsoever to making the transfer of EHCPs for service children mandatory?

Calvin Bailey Portrait Mr Bailey
- Hansard - - - Excerpts

I thank the right hon. Member for his intervention. One thing that came up very strongly in the APPG’s discussions with the Department—we had military families from all three services, and representatives of all the service organisations—was that this problem is faced by all people; it is just that service families and service children manifest the issue most specifically. The problem has to be fixed for all people in the United Kingdom, which is why the changes were taken on board as part of the SEND work. We received a great amount of care and support from the Department, and I hope that the work will prove beneficial. Where I see a bit of a failing is that, in taking that on, the Department could perhaps have noted that work, so that service families could have seen that it had been part of the considerations. That was a point that my hon. Friend the Member for Aldershot made to the Minister, and I hope that it will be addressed in the next iteration of the SEND work.

Mark Francois Portrait Mr Francois
- Hansard - -

The difference is that, while people in civilian life sometimes have to move jobs at the behest of their employer, service personnel are ordered to go. They really have no choice: once they have been posted, they have to go. Therefore, in ordering them to go, the state should have a moral obligation to deal with the consequences for special needs children. Does the hon. Member accept that that is a difference between service and civilian life, and that under the principle of “no disadvantage” in the covenant, the state should do the right thing?

Calvin Bailey Portrait Mr Bailey
- Hansard - - - Excerpts

The right hon. Member makes a powerful point, and I agree with him entirely. That is why it is so important we make sure that the armed forces covenant works. The covenant will have to do a lot of work and heavy lifting, just as it will in relation to the amendment tabled by the hon. Member for Huntingdon, but we will have the legal power and we will have recourse to those Departments. We hope to hear from Ministers today that they will press home the legal advantage they now have in that regard.

Finally, this debate reminds us that the Armed Forces Act 2006 was itself forged in the context of its time. It brought together a number of separate pieces of legislation and created a framework suited to an era in which the size and scope of the armed forces were reducing and many of the strategic assumptions underpinning our national security appeared to be settled. The measures in this Bill are all welcome and necessary, but they remind us that much of the heavy lifting now sits elsewhere. Questions about mobilisations, reserve integration, military aid to the civil authorities, the legal protections offered to service personnel acting on behalf of the state, and wider national resilience sit largely beyond the scope of the Bill, yet those issues are becoming increasingly important as the strategic environment changes around us. As legislators, we have a responsibility to ensure that the legal frameworks governing our armed forces continue to evolve alongside those changes. This Bill makes important improvements, but it should also encourage us to think carefully about the work that remains to be done and ensure that future legislation is ambitious enough to meet the realities of the world as it is, rather than the world as it once was.

--- Later in debate ---
Mark Francois Portrait Mr Francois
- View Speech - Hansard - -

Having addressed our amendments towards the opening of the debate, I will now speak to the new clauses. New clause 3 would create a veterans’ commissioner for England. My hon. Friend the Member for South Northamptonshire (Sarah Bool) made a good case for doing so during the Select Committee on the Bill, and did so again this afternoon. She received cross-party support—certainly in principle—from the hon. Member for Edinburgh South West (Dr Arthur), who made an extremely thoughtful contribution. He also gave my hon. Friend the Member for Huntingdon (Ben Obese-Jecty) some support for new clause 5, which I will come to in a moment.

When I was debating the Armed Forces Commissioner Bill—now the Armed Forces Commissioner Act 2025—with the Minister some months ago, he gave a commitment that the veterans’ commissioners for Scotland, Wales and Northern Ireland would be mirrored by the appointment of a veterans’ commissioner for England. However, that has still not come to pass. Could he explain to the Committee where the Government now sit on this issue? When can we expect them to honour their pledge to create a veterans’ commissioner for England? Have they begun any interview process, to at least begin to identify a suitable candidate for the role? The Government gave their word on this. The Committee would be grateful for an update from the Minister on where the Government are with this matter.

I turn to new clause 5, tabled by my hon. Friend the Member for Huntingdon, which has the support of over 20 hon. Members. The essence of the new clause is that no fees should be charged to serving or previously serving members of the armed forces, or their family members, who are applying for indefinite leave to remain under the immigration rules appendix for His Majesty’s armed forces. In practical terms, the new clause would amend the Immigration Act 2014 so that when members of the armed forces apply for ILR, in return for their willingness to serve the Crown, the attendant fees would be waived. This is a particular issue for Gurkha families, and foreign and Commonwealth personnel who are serving, or have served, in the armed forces.

Rachel Taylor Portrait Rachel Taylor
- Hansard - - - Excerpts

The right hon. Gentleman mentioned the Gurkha community. I want to pay tribute to the Queen’s Gurkha Regiment and the 30th Signal Regiment, based just outside my constituency. The Gurkhas who served are an essential and integral part of our community; they offer great value, and integrate into the community. I thank him for mentioning them, and for giving me the opportunity to pay tribute to those Gurkhas who live in or around my constituency.

Mark Francois Portrait Mr Francois
- Hansard - -

I thank the hon. Member for that intervention. I think she may have been here just a few months ago when we had a debate about the history of the Gurkhas in British service. I echo everything she said about the bravest of the brave. I therefore look forward to her supporting the new clause in the Division Lobby this evening.

The Royal British Legion and Poppyscotland have campaigned on this matter for a number of years. I commend my hon. Friend the Member for Huntingdon for taking up the cudgels so effectively on their behalf this afternoon. As he argued powerfully, Governments of both colours have indicated in the past that they were minded to make this change. Indeed, it is worth reiterating that this proposal was in both the Conservatives’ and Labour’s 2024 general election manifestos, but the change has yet to come to pass. Having re-examined the issue within His Majesty’s Opposition and consulted shadow departmental colleagues, I am pleased to tell the Committee that should my hon. Friend seek to press the new clause—and should you grant that request, Madam Chairman—we on the Opposition Front Bench will support it. We encourage all hon. Members to do so, too. There would be a cost to the process, but we believe that, in return for service to this country, the Ministry of Defence should absorb that cost in its wider budget. The annual cost would be a very modest outgoing, given the scale of the defence budget. In other words, the Department would bear the cost, not those who have served or their families. People should not be disadvantaged for having offered to serve this country in uniform.

My hon. Friend the Member for Huntingdon put the case very well, and I will not try the House’s patience by repeating it. Suffice it to say that I believe that there is a strong moral case for doing this, and I very much hope that the Government might be prepared to accept the amendment. If they are not, I hope that my hon. Friend will press his amendment to a vote, and in that case, I hope that the whole House will find it in their heart to support it.

New clauses 1 and 6 relate to the European convention on human rights and its effect on armed forces personnel, including, potentially, reservists who might be mobilised under the auspices of the Bill. How did we get to a situation in which the convention has spread to the battlefield, not just in Europe, but globally? The history is significant here; it lies behind why we tabled the two new clauses. This all came about because of something called the al-Jedda case, which was heard before the Appellate Committee of the House of Lords a couple of years or so before the United Kingdom Supreme Court was created back in 2009. The al-Jedda case was about the treatment of a prisoner detained in Iraq during Operation Telic, and was brought by a now disgraced lawyer called Phil Shiner. His name will be known to anyone who has ever served in the British Army. For the record, Shiner was subsequently convicted of fraud and struck off as a practising solicitor.

Phil Shiner instructed legal counsel to put forward his case to the House of Lords. The lead appellant in that case, before he became a Member of Parliament, was one Keir Starmer QC. The Minister for Veterans and People got into some trouble over that, because when we highlighted the matter in the Commons, she was adamant that he had not been working for Shiner. Unfortunately for the Minister, we had the court records from the House of Lords, which showed very clearly that Keir Starmer, as he then was, was the lead appellant appointed and instructed—that word is used in the records—by Phil Shiner’s law firm, Public Interest Lawyers. The Minister had the embarrassment of having to come to the Commons in February to correct the record and admit that our version of events, as explained to the Commons, was true.

Phil Shiner was a persistent man, particularly when money was at stake, so several years after losing in the House of Lords, he took the case to the European Court of Human Rights in Strasbourg. To be clear, Keir Starmer was not acting in that action. Shiner won, so the Strasbourg Court ruled that the European convention on human rights would then apply to any theatre in which British armed forces personnel were serving. Through that judgment, an industry was effectively created, which Shiner then massively exploited. He brought literally hundreds of cases against current and past British armed forces personnel. Many of the cases were funded by British taxpayers through legal aid, and were completely and utterly fabricated for money. It was the use of the ECHR that allowed him to do that.

In other debates in the Chamber, we have heard senior Ministers, including the Secretary of State for Northern Ireland, say that there is no such thing as a vexatious prosecution. Self-evidently, there must be, because otherwise why was Shiner struck off and convicted of fraud by a court of law? There can be—in fact, there were—hundreds of vexatious prosecutions against British military personnel. It was, for the record, Johnny Mercer, a former Member of this House, when he served on the Defence Committee some years ago, who led a sub-Committee investigation into this issue. Its very powerful report helped to bring Shiner to book, no doubt saving the taxpayer a lot of money, and leading to Shiner’s career ending in disgrace.

To come to the present day, what if there were a ceasefire in Ukraine? Let us posit a situation in which, under the auspices of the coalition of the willing, British service personnel were deployed to Ukraine. If, by some happenstance, they became involved in a firefight with Russian troops who had made an incursion across the line of ceasefire, who is to say that years—maybe decades—later, those personnel would not end up in a court of law for obeying what they believed to be perfectly legitimate orders, after some second-guessing by a human rights lawyer, perhaps with Russian assistance?

In short, we cannot allow this Government’s obsession with human rights to put our armed forces at risk, either now, in the future or historically, and potentially force them to fight ruthless opponents with one arm tied behind their back. This issue will not go away, and at some point, the Government will be forced to address it, be it through the Northern Ireland Troubles Bill or some other mechanism. The purpose of these new clauses is to force them to address it today.

Al Pinkerton Portrait Dr Al Pinkerton (Surrey Heath) (LD)
- Hansard - - - Excerpts

I should like to quote a few words from the hon. Member for Huntingdon (Ben Obese-Jecty), speaking just a couple of months ago in this Chamber:

“This month marks 20 years since I returned from serving on Operation Telic 7 in Iraq. While I was there, we patrolled Basra in Snatch Land Rovers, and 34 British soldiers died in Snatch Land Rovers. They were called “mobile coffins” and “suicide wagons” for a reason. In 2006, it was highlighted to the Government that those vehicles were unsuitable, and it was not until years later that they were replaced.”—[Official Report, 15 April 2026; Vol. 783, c. 842.]

It was not the ECHR that put British soldiers’ lives at risk in Iraq, but it was the ECHR that provided the legal basis for the families of those victims to seek justice. I think that the right hon. Gentleman is looking through the wrong end of the telescope on this one. By seeking to remove us from the ECHR, he is potentially putting British service people at greater risk, rather than offering them protection.

Mark Francois Portrait Mr Francois
- Hansard - -

It is extremely sad that the hon. Gentleman is seeking to conflate two completely different issues, and I suspect that anyone who actually served on Operation Telic would understand that.

Having made that point, let me turn to the Opposition’s new clause 2, which would require the Secretary of State for Defence to lay a defence investment plan before Parliament within a month of the passage of this Act, if it had still not been published by then, which, for reasons I will come to in a minute, is not as fantastical as it might seem. For context, today is the one-year anniversary of the publication of the Government’s much-vaunted strategic defence review. There is a lot of good in the document, but one of the criticisms made at the time was that much of the programmatic detail on which new equipment the Government intended to purchase for our armed forces was omitted. For instance, the Government talked about buying “up to” 12 new nuclear attack submarines. That could mean two.

All that detail was going to be provided in the defence investment plan, but one year on, it has still not been published. This has drawn serious criticism from right across the defence industry, and also from the authors of the SDR. Indeed, the lead author, Lord Robertson, a lifelong Labour man to his fingertips, has accused the Prime Minister of “corrosive complacency” because of the ongoing delay in saying how the Government will fund the strategic defence review and its attendant equipment requirements. When we were in government, we used to publish a 10-year plan for the purchase of military equipment, universally known as the equipment plan.

Calvin Bailey Portrait Mr Calvin Bailey
- Hansard - - - Excerpts

On that point, will the right hon. Gentleman give way?

Mark Francois Portrait Mr Francois
- Hansard - -

In a moment. The plan allowed industry to make rational decisions about where to invest, helped to improve the morale of our armed forces by letting them know about the new equipment they could expect to come into service, and had an important deterrent effect on our potential adversaries by laying out exactly what we intended to buy for the defence of the realm. All those things have now been put at risk by a year of the Government’s endless prevarication and inaction.

Calvin Bailey Portrait Mr Bailey
- Hansard - - - Excerpts

Will the right hon. Gentleman confirm that on Labour’s arrival in government, the National Audit Office stated that the previous Government and the hon. Member for South Suffolk (James Cartlidge) had left an equipment plan with a £7 billion to £28 billion gap? Is that correct?

Mark Francois Portrait Mr Francois
- Hansard - -

As a matter of fact, that is not how I interpret what the NAO said—not at all.

Calvin Bailey Portrait Mr Bailey
- Hansard - - - Excerpts

Will the right hon. Gentleman give way?

Mark Francois Portrait Mr Francois
- Hansard - -

No, the hon. Gentleman has had his go.

The Committee may remember that we were promised that the DIP would be published in the autumn; then, we were faithfully promised it by Christmas; and then we were absolutely, definitely going to get it in the new year. But here we are in June—and, incredibly, still no DIP.

Andrew Murrison Portrait Dr Murrison
- Hansard - - - Excerpts

Has my right hon. Friend had a chance to look at the report published by techUK, which represents a lot of small and medium-sized companies in the defence tech sector, and seen what it has to say, objectively, about the number of jobs that are being lost in the sector, the lack of investment in the sector, the pressure that its members are coming under and the sector’s lack of viability given this continued, unbearable delay? It needs certainty. When are we going to have it?

Mark Francois Portrait Mr Francois
- Hansard - -

I entirely agree with my right hon. Friend. We would all like to know when we are going to have it, but the reason we do not have it is simple. It is not that the staff work has not been completed—it has. It is not that the programmes have not been costed—they have. The fundamental problem is that while Ministers say they are working flat out and knocking themselves out on it, and are reduced to euphemisms about how hard they are working, it was actually done months ago. The problem is that the Chancellor of the Exchequer adamantly refuses to sign it, because if she signed it, she would have to say how she is going to pay for it. That is why MOD Ministers are completely hide-bound: the Prime Minister will not force the Chancellor to sign the equipment plan for the armed forces of the United Kingdom. The delay is becoming a farce. Indeed, we are now being widely criticised by our international partners, including, just the other day, the chairman of the NATO Military Committee.

At Defence questions, the Secretary of State was adamant that the Prime Minister wanted the DIP published by the NATO summit. That raises two questions: which NATO summit, and which Prime Minister? Assuming he means the summit in Ankara on 7 to 8 July, this vital document will be delayed for yet another month. What is worse, last year there were £2.6 billion of in-year operational cuts to the defence budget, and this year there are £3.5 billion of in-year cuts.

We will press new clause 2 to force a vote on a backstop plan to produce the DIP, to remind His Majesty’s Treasury that the first duty of government, above all others, is the defence of the realm. We cannot defend the realm with a lot of bluster and an equipment plan that does not exist.

Al Carns Portrait Al Carns
- View Speech - Hansard - - - Excerpts

I thank all Members who have spoken today for their contributions and for upholding cross-party support for our armed forces. The Bill takes significant steps to improve the conditions of service life, and renews the contract between our nation and those who serve. It delivers on a manifesto promise to extend the armed forces covenant to every area of Government—from three to 12 policy areas. We will go further, backed by a £9 billion defence housing strategy, to build, renew and repair tens of thousands of military homes. We are modernising and improving victim support and ensuring that the service justice system can protect the victims of the most serious offences from further harm. We will expand the reserve pool by changing the maximum age limit at which some personnel can be recalled, so that we would, if needed, be able to call on some of the most experienced volunteer reservists. These are significant but necessary changes to boost preparedness in an era of ever-increasing threat.

I will now address some of the major issues highlighted in the debate, starting with new clause 5. I have served all over the world with Gurkhas, Fijians and broader Commonwealth troops. They serve our country, and they serve it with honour and courage. The very least we can do is help them and their dependants by scrapping visa fees after four years of service. This is not about politics or a difference of opinion; it is about language and bounding the commitment in legislation in the correct way.

There is already a settlement fee waiver in place for serving personnel, introduced in 2022, to recognise the burden of settlement fees at the point of discharge for those who have served for six or more years or been medically discharged due to their service. However, that fee waiver did not extend to dependants or recognise serving personnel who become eligible for settlement after four years of service. That is why this Government have committed to scrap visa fees for non UK veterans who have served for four years or more and their dependants, and Home Office and Ministry of Defence Ministers are working closely together to deliver it; my hon. Friend the Minister for Veterans and People met the relevant Home Office Minister just recently. We remain firmly committed to this manifesto pledge and will deliver it fully.

I understand the intention behind new clause 5 and the desire to make progress quickly. However, as drafted, it would not clearly achieve the intent set out in the explanatory statement, which appears to be narrower. While the explanatory statement refers to “spouses or children”, the new clause itself appears to waive fees for serving personnel, previously serving personnel and “their family members”, using broad and undefined categories that would create significant uncertainty and a lack of clarity about who precisely was within scope. It also contains no clear link to length of service or a time limit after discharge. Taken together, that risks creating a broader and unclear statutory entitlement with unintended consequences, rather than a targeted and coherent measure that families and dependants can easily understand.

In addition, section 68 of the Immigration Act 2014 provides that fee exceptions should be set out in secondary legislation. By introducing a fee exception into the 2014 Act, new clause 5 would cut across that existing statutory framework and reduce clarity in the fee structure by creating an alternative mechanism for controlling fees. The Government are committed to delivering the manifesto commitment in full, and it is important that Ministers retain the ability to determine the appropriate scope, eligibility and delivery approach so that it is implemented fairly.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

We need to move this legislation forward in the right manner and as fast as possible. I recommend that the hon. Member continues to push this case. My hon. Friend the Minister for Veterans and People and I have heard him loud and clear, we have heard the armed forces community loud and clear, and we are committed to delivering this in line with the intent.

Mark Francois Portrait Mr Francois
- Hansard - -

Will the Minister give way?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I will make some progress.

New clause 2 would require the Secretary of State to lay a defence investment plan before both Houses of Parliament. The Prime Minister has been very clear that the defence investment plan will be published before the NATO summit, and we are working hard to finalise it. I recommend that the right hon. Member for Rayleigh and Wickford (Mr Francois) reads the NAO report which says that when we came into government, we were left a huge deficit and 47 out of 49 major programmes were not on budget or on time.

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I remind Conservative Members that clause 12 of the Overseas Operations (Service Personnel and Veterans) Bill, introduced by the previous Government, would have required any future Secretary of State to consider whether to make a derogation under article 15 in relation to significant overseas operations. The previous Government removed elements of clause 12 during the Bill’s final stages, because concerns were raised that the provision risked damaging the UK’s reputation for upholding the rule of law and being committed to human rights. It was the previous Government who did that. Clause 12 was also seen as unnecessary in that the Government can already derogate under article 15 of the ECHR, meaning that the provision did not add any additional legal powers.

New clause 3 seeks to place a requirement on the Secretary of State to appoint a national veterans commissioner for England, and it sets out the functions for the proposed office holder. I acknowledge the sentiment behind the new clause, which is to ensure that those who have served receive the recognition and support they deserve. The Veterans Commissioners for Scotland, Northern Ireland and Wales are not statutory offices, so such a role would not in itself require legislation. We are putting in place the Valour programme, which will first look at digital. There will be a Valour lead and a digital headquarters, and there will then be Valour officers and centres. Once that is in place, we will need to consider whether we need a veterans commissioner for England, how that docks into the Valour programme, and how it docks into the Veterans Commissioners in Northern Ireland, Wales and Scotland. We will update the House in due course once that is in place.

Mark Francois Portrait Mr Francois
- Hansard - -

On new clause 5, we do not yet have the date for the second day on this Bill for Report and Third Reading, but it seems likely that it will be before the summer recess on 16 July. Taking the Minister at his word, and knowing where his heart lies on this issue, will he give the House an assurance that when we get that second day—whenever it is—and we table a similar amendment on Report, he will be able to come back to us with some progress, including with the Home Office?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

We will provide an update on progress once we have spoken to the Home Office and when the Bill comes back to the House.

My hon. Friend the Member for Slough (Mr Dhesi), who makes fantastic efforts with the Defence Committee, highlighted the binding commitment across Whitehall Departments that the covenant will be expanded from three to 12 different policy areas. That is a fantastic move for the armed forces community, and it places a duty of care on Government to consider the armed forces in almost everything we do.

The hon. Member for Lewes (James MacCleary) highlighted recruitment and retention. I remind him that we have seen a 12% increase in recruitment and a 9% decrease in outflow. We have put in retention payments for critical roles and made two inflation-busting pay rises. Morale is up and satisfaction with housing is up, as indeed is satisfaction with pay.

When it comes to using the civilian justice system or the service justice system, the onus must be on giving the victim the choice over their preference—that has come through time and again. The Atherton report was in 2021, and a huge amount of change has been put in place. I have spoken to a variety of different individuals across defence, and they always return to ensuring that there is preference at the point of choice.

--- Later in debate ---
None Portrait Hon. Members
- Hansard -

Where is he?

Mark Francois Portrait Mr Francois
- Hansard - -

I will move it, Ma’am!

New Clause 5

Waived fees for indefinite leave to remain for spouses or dependants of serving or discharged member of the armed forces

“(1) The Immigration Act 2014 is amended as follows.

(2) In section 68, after subsection (11) insert—

“11A Fees may not be charged

No fees may be charged in respect of a serving or previously serving member of the armed forces or their family members applying for indefinite leave to remain under the Immigration Rules Appendix HM Armed Forces.”” —(Mr Francois.)

This new clause would amend the Immigration Act 2014 to waive the fee for indefinite leave to remain applications for the spouses or children of any current or previously serving members of the armed forces.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Oral Answers to Questions

Mark Francois Excerpts
Monday 1st June 2026

(1 week, 4 days ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lindsay Hoyle Portrait Mr Speaker
- Hansard - - - Excerpts

I call the shadow Minister.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- View Speech - Hansard - -

May I begin by saying that we Conservative Members stand four-square with the Government on their response to Romania? It is a NATO ally, and it deserves our support.

While overall trends in recruitment and retention may have stabilised, there is still a serious problem of personnel leaving the special forces. We know from the personal accounts of former Special Air Service commanders that this is due in no small part to the Government’s facilitation of lawfare against their comrades who served in Northern Ireland. To aid retention, what is the Secretary of State’s personal response to the three special forces regimental associations that publicly warned him in late April that

“The egregious mistreatment of veterans and the ongoing infringement of their rights has to end”?

John Healey Portrait John Healey
- View Speech - Hansard - - - Excerpts

I simply do not recognise the right hon. Gentleman’s description. The discussions that I, the Minister for the Armed Forces and military leaders have had with the regimental associations have dealt with their concerns, in particular with the Northern Ireland Troubles Bill. We are set to make significant amendments that reflect their concerns. On the position that he describes regarding recruitment and retention, there is no shortage of volunteers for training, and the proportion of those applying to the Paras rose by a quarter in the last year.

Mark Francois Portrait Mr Francois
- View Speech - Hansard - -

The Secretary of State said he did not recognise “my” description. It is not mine. It is in a statement of 22 April from the three special forces regimental associations. Those are not my words; they are theirs. I will ask him again. If we are to persuade people to continue serving their King and country in uniform in very high-threat situations, we need to address these legitimate concerns. For months now, the Government have been promising to table amendments to their benighted troubles Bill to provide additional protections for veterans, but as with the defence investment plan, we are still waiting for Godot. When exactly will those long-promised amendments be published, and by which Minister?

John Healey Portrait John Healey
- View Speech - Hansard - - - Excerpts

It will be before the Bill is due for its next stage in Parliament, which is Committee stage in this House.

Armed Forces Bill (Sixth sitting)

Mark Francois Excerpts
Thursday 16th April 2026

(1 month, 3 weeks ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Mike Martin Portrait Mike Martin
- Hansard - - - Excerpts

It is a pleasure to serve under your chairship, Mr Efford, and I thank you for the invitation to remove our jackets. Amendment 7 was tabled in my name and that of my hon. Friend the Member for North Devon. I will just briefly introduce it to the Committee.

The idea of a zig-zag career is incredibly important. Unlike previously, when the qualification needed to join the armed forces was the ability to run around a muddy field with a heavy backpack, we now live in an age in which we recognise that we need a much greater range of skills in the armed forces, and the ability to move from reserve to regular and back to reserve is incredibly important, so we welcome that the Government are introducing that. When I served, a number of people regularly moved between the regulars and the reserves—in fact, I did it myself.

However, there is a question mark as to what effect such movement has on retention. In an ideal world, we would expect it to improve, as more flexibility should mean that people are more likely to stay in the regular forces or the reserve forces. But we do not know that; this is an untried experiment, so the amendment would mandate the Ministry of Defence to provide a report to Parliament on the effect of the implementation of this clause—of this zig-zag career pathway—on retention.

Specifically, clause 31 as it stands amends the Reserve Forces Act 1996 to make it easier for personnel to move in both directions. It also amends the Armed Forces Act 2006 to enable that to happen. Amendment 7 would simply add an annual reporting and accountability mechanism on top of those transfer provisions. It would not change the function of the clause, but just require the Government to enable Parliament to monitor the situation accurately. As we know, recruitment and retention is a big problem for the armed forces.

Without such a reporting requirement, the provisions could be enacted—again, we are in favour of that—but never meaningfully evaluated. As we heard in evidence, there are so many different categories of reserve forces and many different types of engagement. They have grown piecemeal over time, and one reason for that is that there is no effective oversight mechanism, looking at things in the round. Under this amendment, the reporting requirement would establish one element of an oversight mechanism.

I conclude by saying that our amendment does not seek to amend the function of the clause, which we are in favour of, but it seeks to mandate the MOD to provide a report to Parliament, so that Parliament can exercise proper oversight and scrutiny.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- Hansard - -

Good morning to you, Mr Efford, and to all members of the Committee. It is a pleasure to serve under your chairmanship again today. I will lead for my party in this section on reserve forces. I will begin by offering some comments on Liberal Democrat amendment 7, which relates to retention and transfers between regular and reserve forces, and will follow with a few remarks on clause 31.

In one of our evidence sessions, I raised the potential complexity when people wish to leave the regular armed forces and transfer into the reserves. That point is often a good time to catch them, as many people who have enjoyed their regular service but wish to earn their living in a different way are still often tempted to transfer to the reserves to keep their hand in and to continue to serve the nation and maintain the bonds of comradeship and friendship they have developed as regulars.

However, in recent years, that transfer has often proved to be administratively difficult. I have heard anecdotal horror stories of former regular personnel who have attempted to re-enlist in the reserves when their regular service has come to an end but have had to overcome an assault course of bureaucracy to do so. In fact, I spoke relatively recently to a reserve officer who had had to fight his way through what he described as “the Capita circus”.

The Minister sought to reassure the Committee in evidence by saying that this will be dealt with as a relatively straightforward administrative matter. That flies in the face of much of the anecdotal evidence to the contrary. If someone tries to initiate the transfer while they are still serving, it seems that the process works better, but if they leave it until after they have left the regulars, or if they perhaps have a change of heart after having left the regulars and decide that they want to re-enlist as a reservist after a few years, it is really difficult. In fact, I have been told that in some cases it is worse than if they just tried to join the reserves straight off, ab initio, as a civilian.

I pressed the Minister specifically on whether the new tri-service armed forces recruitment programme—the AFRP—contract was written in such a way as to allow the contractor to facilitate the process in an effective and efficient manner. Again, the Minister sought to offer the explanation that it could all be done via administrative procedures. I want to press the Minister on how exactly these administrative procedures are intended to apply in practice. Under the new contract, what, in practical terms, will be different from the rather cumbersome arrangements that we still have in place? In short, how will the creases in this system, which everyone agrees exist, be ironed out to make the transition sufficiently smooth that those leaving the regulars are not put off by mind-numbing bureaucracy if they wish to convert to reserve service?

Those are my comments on the amendment tabled by the hon. Member for Tunbridge Wells, which he introduced very well. I now turn to clause 31.

Reserves are a fundamental part of our armed forces, as both the Minister and I can attest, having served in the reserve forces at different times in our careers—although I handed back my kit shortly after the Berlin wall came down in 1989, whereas the Minister is still undertaking reserve service. Indeed, we understand he has been on manoeuvres only recently.

However, it is a fact that compared with many other nations, we still have very small numbers of reserves, with some 26,000 in the active Army Reserve and many fewer in the Royal Naval Reserve and the Royal Auxiliary Air Force and related reserves. If we put those numbers in context and compare them with the United States, which has both an army reserve and large numbers of national guard—they are organised on a state-by-state basis and report to governors in peacetime, but they can be federalised in wartime—or the reserve elements of the Chinese and Russian armies, they pale by comparison, even though, as the Minister often likes to remind us, we had very large citizen armies in both the first and second world wars.

The Army Reserve can be augmented by what is now generally referred to as the Strategic Reserve. For the avoidance of confusion, that is former regular soldiers and officers who would be liable for recall to service with the colours in a national emergency up to and including full-scale war. Indeed, the Bill extends the provision for recalling the Strategic Reserve to up to 18 years, I believe, from leaving the colours of the regular armed forces. For the record, we very much support that measure.

When asked in evidence for his estimate of the size of the Strategic Reserve, the Minister gave a definitive figure of approximately 95,000. However, to put it in context, the 2021 census—after much campaigning over quite a few years by the Royal British Legion and some MPs who backed the proposal—specifically asked respondents whether they had ever served in His Majesty’s armed forces, and just over 2 million people positively answered the question. Since then, sadly, a number of those veterans will have passed away, but given that the question was not included in the census forms dispatched to Northern Ireland, which has historically proved a very healthy recruiting ground for our armed forces, it seems not unreasonable to assume that the current number is still probably somewhere around 2 million living veterans, or relatively close to it. Moreover, the Minister also revealed to the Committee, assisted by witnesses from the Ministry of Defence, that about 1 million of those people are still of what he called employment age. I take it that he means males aged up to about 67.

I cite those figures to try to estimate the maximum theoretical strength of the Strategic Reserve—or, in military parlance, the absolute right of arc—if all those living veterans were included. Of course, in practice they would not be if they were in their 80s or 90s. For the avoidance of doubt, I do not think we are proposing to put Chelsea pensioners in the Strategic Reserve.

We can discern from that calculation that the absolute maximum is theoretically about 2 million—assuming for a moment that we also include veterans who have also served in the Royal Navy and the Royal Air Force, because they will have ticked the same box. If we cut it differently and include only those of employable age, the Strategic Reserve would come out at about 1 million. If we believe that 95,000 is too small a Strategic Reserve to act as a credible deterrent, particularly given the darkening international situation that we face at present, could we, as it were, draw a line or establish a set of criteria that would achieve a Strategic Reserve of somewhere between 95,000 and, for the sake of debate, a quarter of a million? That would be a much more credible figure in deterrent terms.

I ask the question deliberately to provoke debate about how we could, if we chose, expand the Strategic Reserve from the Minister’s 95,000 figure. If he cannot answer that question off the top of his head, perhaps he could write to me, to you, Mr Efford, and to other members of the Committee prior to Report about where, at least theoretically, a line could be drawn—perhaps defined by age or some other criterion—to create a Strategic Reserve of about a quarter of a million troops, rather than just under 100,000.

Moreover, if we were to consider something as ambitious as that in order to provide a greater deterrent effect, how would we track and communicate with those people, above and beyond access to the His Majesty’s Revenue and Customs database that Ministers have prayed in aid before? For instance, if we assume that quite a number of those veterans are in receipt of a military pension of one type or another, presumably they would be known to Veterans UK and at least their basic details would be recorded on the MOD’s joint personnel administration system. Could we not use that as a means of tracking down those people?

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

My hon. Friend highlights a good point. That issue is replicated across the entire service—not in all cases, but in many. People are having to go back through medical within six months of leaving, having to go back through basic training, or having to redo the commando course—you name it. There is a litany of issues. The Minister for Veterans and People is looking at that to see how we speed up the process. Sometimes there is no room for those individuals in the reserve liability, given the rank and position they want to come in at, which can create a difficult discussion about whether they have to de-rank—joining at a lower rank than they left. I absolutely agree that we have to smooth out those issues, and the Minister for Veterans and People is on it.

Mark Francois Portrait Mr Francois
- Hansard - -

The hon. Member for South Ribble has raised a good point. When people leave the regulars now—I am probably rusty on this—is there a standard operating procedure where they are invited to consider joining the reserves and given a pathway for doing that before they leave? All the anecdotal evidence says that if they try to transfer at that point, it is still bureaucratic, but it is a lot less bureaucratic than doing it after they have left. Do we ask that question as a matter of course and offer people a pathway if they say yes when they are still in the regulars?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Because of the decentralised nature of the military, some units, depending on reserve liability, will absolutely try to recruit those individuals into the reserve immediately. There is not carte blanche across the entire military, because in some areas we do not necessarily need those individuals in the reserves—if that makes sense.

Going back to the point made by my hon. Friend the Member for South Ribble, there is a lot more work to do to make the transition much smoother. Clause 31 will reduce the huge bureaucratic hurdle of individuals having to leave the regular military to join the reserves. Over time, it should become seamless, so someone can also go from the reserves back to the regulars. We want to replicate a civilian job where, for example, if someone has welfare issues, they can leave and do a couple of years in the reserves, and then come back into the regulars far more seamlessly. That will also allow someone to pursue a career in the defence industry, for example, if they are a technical expert.

--- Later in debate ---
Mark Francois Portrait Mr Francois
- Hansard - -

I take the Minister’s point that via this method we could have a Strategic Reserve of 150,000 within a decade, but what if we do not have a decade? I suspect we will return to the point this afternoon, but for now, to use the Minister’s analogy of trying to cut through the spaghetti soup—I think we are all with him on that—how do we increase the size of the soup bowl? How do we have a bigger pool of manpower and womanpower that we can draw on, if necessary, in a full-scale war? These people will have had at least some military training and will be able to train others who have had none. That is why we are suggesting that we at least look at the practicalities of 250,000. Could the Minister say something about that?

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Clause 32 amends the Reserve Forces Act 1996 to enable the Secretary of State to disapply aggregate service for members of the reserve forces when making a call-out order under sections 52 or 54 of the 1996 Act. Currently, the maximum duration of service under a call-out order under section 52—for national danger, great emergency or an attack on the United Kingdom— cannot usually exceed three years, and is usually 12 months for “warlike operations”. This maximum duration is calculated by combining the current service of a call-out order under sections 52 or 54 with any relevant service in aggregate. “Relevant service” means any permanent service within the six years or three years immediately preceding a reservist’s current service under a call-out order.

These clauses allow the Secretary of State to disapply those limits in extremis, allowing us to call out our reservists—this will apply mainly to the Volunteer Reserve—more often. They will thereby ensure that we have access to a full range of key skills, from cyber to logistics, in the event of a transition to conflict and war.

Clause 33 makes five important changes in relation to recall to service, and it goes further to try to simplify the process I talked about previously. First, this provision introduces recall liability for former volunteer reservists of other ranks. Currently, only former volunteer reservist officers and former regulars of any rank have recall liability.

Secondly, this provision will increase the age limit for recall for other ranks from 55 to 65. This will allow us to continue to access key trade groups, such as cyber and medical, where former members of the regulars are still using these skills in their civilian lives well beyond the age of 55.

Thirdly, the recall liability for Royal Navy and Royal Marines personnel of other ranks will move from six years following discharge to 18 years; again, I am talking about the difference between terms. This will ensure consistency with the Army and the RAF, and put everyone on an equal footing.

The fourth change, via proposed new section 69A of the Reserve Forces Act 1996, will provide an ability to recall certain individuals when warlike preparations are in progress. It will create a new power to make a recall order for this purpose. “Warlike preparations” means that we will be able to recall someone sooner than is the case presently, because the current threshold for being able to recall people—when there is a great danger, a national emergency or an attack on the United Kingdom—may be too late in a modern transition-to-war scenario. The relevant roles could include roles such as logistics preparations, planning and specialist capabilities. This measure brings those subject to recall in line with the call-out provisions of the Volunteer Reserve and ex-regular reserve.

The fifth change in clause 33 enables the disapplication of aggregate service under a recall order made under the existing section 68 and proposed new section 69A of the Reserve Forces Act, mirroring the approach taken by clause 32. Clause 34 makes consequential amendments following the changes made by clauses 32 and 33.

Clause 35 and schedule 5 introduce two new transitional classes to manage how the new liabilities apply to existing and former personnel. It is important to note that to ensure defence is able to access the right skills in its reserve, while also maintaining its commitments to those who have left, the MOD will introduce these measures via the following method. Unless individuals opt out, they will affect every member of the Regular Reserve and Volunteer Reserve who is in service when these provisions of the Bill come into force.

Around 17,000 people leave the regular and reserve forces every year—I said, 15,000 earlier, but this number includes the reserves—of which the vast majority will now have some form of liability. Current ex-regular members of the reserve forces and those still subject to recall under part VII of the Reserve Forces Act—or those who will otherwise have recall liability solely as a result of these changes—will be able to opt in to the new system should they wish to do so. We are currently analysing how many people this might affect. That is an opt-in process if someone has left.

It should be noted that the fitness or medical criteria applied to these individuals will be assessed on a case-by-case basis. A large proportion of individuals in the Strategic Reserve are in their 30s or early 40s and therefore may well still be medically fit for a large number of roles. In addition, the changing nature of modern defence also means that there are valuable roles, such as cyber and operating uncrewed aerial systems, that do not require the same medical and fitness standards as roles such as infantry or aircrew. In reality, the provisions will enable defence to access more of the right people with the skills and experience it needs at times of need.

Mark Francois Portrait Mr Francois
- Hansard - -

Does the Department have at least a working estimate of how many people it thinks will opt in to that liability, bearing in mind that they cannot be recalled otherwise? What is the planning assumption within the MOD?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

We do not have an estimate of how many people will opt in, and I think that would be very difficult to gauge. First, a lot of those individuals already have a liability, because they may be on 18 years already—some will be on six or four years, and some will be officers. To gauge how many people are already in and how many people are going to opt in is very difficult. I would like to think that a lot will opt in, but if they do not, we already have the existing Strategic Reserve, which is at circa 95,000, and the number starts flowing as soon as the Bill comes into force, when everyone who leaves will have 18 years. The number of people who are serving who opt out will also be an interesting reflection, and something to analyse after the event.

Clause 36 corrects an anomaly in the existing legislation. Under section 96 of the Reserve Forces Act, failure to attend for service on call-out or recall is an offence of desertion or absence without leave. That is applicable to members of a reserve force as well as persons liable to recall. However, under section 98, there is no punishment for this offence for those with recall liability as there is for members of a reserve force. That produces an unintended anomaly: an offence is created without a penalty. The clause therefore removes that anomaly and ensures that legislation clearly sets out the possible consequences for an offence of failure to respond to a recall order.

To sum up, the measures will help to maximise the number of personnel available to defence and will modernise the Reserve Forces Act. The measures align with the direction provided by the strategic defence review by allowing for a whole of defence approach, re-energising the relationship with the Strategic Reserve, and increasing our readiness for war. I will speak to the amendments in this group in my closing remarks.

--- Later in debate ---
Mark Francois Portrait Mr Francois
- Hansard - -

I will speak to amendments 20 to 24. As they have been grouped together in the largest individual group to be debated today, I will take them in turn, with a few brief remarks on each amendment.

I begin by addressing amendment 20 and consequential amendment 21. The essence of the amendments is to further increase the maximum age of service in the reserve forces from 55 to 65, as currently proposed in the Bill, to a higher level of 67. That would mean having a maximum age limit in line with the normal male retirement age in civilian life. The Opposition appreciate the sense of increasing the maximum age for service in the armed forces from 55 to 65—for the record, that would include me, and I will opt in now.

In his evidence, the Minister provided some practical examples of highly skilled personnel, such as highly experienced medics or air traffic controllers, who do not necessarily need to be as physically fit as, say, a 21-year-old infantryman to make an important contribution to defence. The point of the amendments is to ask a simple question: if that argument holds good at 65, does it not still hold good at 67, the age at which most people can draw a state pension in civilian life if they are male? If someone is a skilled surgeon in the Royal Army Medical Corps at age 65, would they not be equally skilled just two years later? Would those two additional years in their mid-60s represent significant skill fade in their ability to give medical aid?

I hope the Minister can see why the Opposition have tabled these straightforward amendments to provoke a debate on the proposed age limit and the rationale for it. I look forward to hearing what he has to say on them.

The essence of Opposition amendment 22 is to expand from 12 to 18 months the maximum allowable period for a recall order under the Bill. The rationale is that history shows that in a national emergency, including a peer-on-peer conflict, the war is not always over by Christmas. It is therefore not inconceivable that people who are mobilised for reserve service for up to a year might find themselves required to fight on the frontline for longer.

In making this argument, I pray in aid the practical experience from Ukraine, where service personnel have been fighting on the frontline for years, some with relatively limited leave over the whole period. I visited Ukraine with UK Friends of Ukraine only a few weeks ago, and the Minister told the Committee on Tuesday that he had only recently returned from a trip to that country—again, time spent on reconnaissance is seldom wasted. It hardly needs saying, but I am sure that all Members and parties represented on the Committee will want to join me in expressing our determination to support the Ukrainians, for as long as it takes, in facing down Russia’s illegal and barbaric invasion of their country.

A point made very powerfully to our delegation during our visit to Odesa, Chornobyl and Kyiv was that many in the west believe or perceive that Ukraine’s war with Russia has been going on for four years, from the date of the so-called full-scale invasion in February 2022, but in fact the Ukrainians are keen to point out that the war really began in 2014, or arguably even earlier, with the Russian occupation of Crimea in the south of the country and the occupation of significant portions of the Donbas in the east. In other words, Ukraine has been at war with Russia not for four years, but for 12. To put that into context, it is longer than the first and second world wars combined.

It is immensely to the Ukrainians’ credit that they have continued to actively resist their larger and stronger neighbour to the east. The Ukrainians are fighting for western values of freedom and democracy, and they deserve our enduring support. Moreover, the Speaker of the Rada, who is a larger-than-life man in a whole range of respects, gave us a stark warning while we were there: “If we fall, you and your friends will be next.”

Given all that, and bearing in mind the duration of the first and second world wars and of other conflicts such as those in Korea, Iraq and Afghanistan, it might make sense to allow a recall order to last longer than a year should circumstances demand it at the time. We have tabled amendment 22 accordingly.

The essence of Opposition amendment 23 is to allow persons undertaking civilian work that the Secretary of State deems vital for defence purposes to be exempt from a recall order under proposed new section 69A of the Reserve Forces Act.

This is by no means a new idea. There is an old saying in politics that there is nothing new under the sun, and this is not new either. For instance, during the second world war, many people who were eligible for military service by virtue of their age were nevertheless exempted from call-up because they were working in so-called reserved occupations—in other words, a field of civilian endeavour that was considered vital to the war effort.

--- Later in debate ---
Mark Francois Portrait Mr Francois
- Hansard - -

The Minister just said that some categories of personnel could in certain circumstances continue to serve beyond 65 to 67, which is in line with the spirit of what the Opposition are proposing. Can he explain to the Committee who those people are?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Through continuation policies, and in some cases using over-age extension mechanisms, people can continue to serve, but changing 55 to 65 is about the liability, not necessarily the service, and capturing the most people in the liability process.

Turning to amendment 22, while I recognise the right hon. Member’s proposal to extend the duration of a recall order from 12 to 18 months, I believe that this would not achieve the effect he desires. The changes in the Bill as drafted will allow us to extend the duration of a call-out order—we already have that power. The Bill’s provisions ensure that defence has the necessary powers to extend both call-out and recall periods up to two years when required, rendering any additional amendment to extend the period to 18 months in respect of recall unnecessary.

On amendment 23, section 73 of the Reserve Forces Act already provides powers of exemption to recall. The existing provision allows the Defence Council, by regulations, to exempt individuals from, or relax, recall liability. Working across Government, defence requires the flexibility to determine critical roles in a warlike scenario. As a result, additional codification in primary legislation would restrict defence’s ability to maintain the necessary flexibility to safeguard critical roles.

The Government are doing that in other ways. Last month, we launched the pan-defence skills framework, a whole-force initiative designed to strengthen defence capability through a unified, transparent focus on skills, which will allow us to identify and manage skills throughout the whole of defence. We recognise that our strength is not just in our equipment, but in the expertise of our people. We also maintain dialogue with our colleagues in other Government Departments, as well as the wider industry, to ensure that we understand the effect of any large-scale mobilisation on critical industries such as the NHS or the defence sector.

Amendment 24 aims to increase the readiness requirement for reservists in Army Reserve group A from 180 days to 90 days. I take the point about getting the ground truth; I will take that away and see where we are from an internal perspective by speaking to the Department. I reassure the Committee that all Army readiness levels are subject to annual review and are set through the Army operating order, which aligns with defence-directed commitments within the framework of the armed forces plan. To fulfil its obligations effectively, the Army must review and adjust readiness levels across all elements of its force, responding to the evolving demands of the nation.

It is essential that defence maintains the necessary flexibility to respond swiftly and appropriately to changing threat levels. Embedding such provisions in primary legislation would impose too rigid constraints, creating an obstacle rather than a suitable mechanism for setting and reviewing readiness levels. I am committed to taking the point away and having a look. I hope I have provided the necessary reassurance, and on those grounds, I hope that the amendments will not be pressed to a vote.

Question put and agreed to.

Clause 32 accordingly ordered to stand part of the Bill.

Mark Francois Portrait Mr Francois
- Hansard - -

On a point of order, Mr Efford. We will not press amendments 20 to 23. I am grateful that the Minister agreed to take amendment 24 away—we note that—but because the suggestion came from within the ranks, as it were, we will press it to a vote.

Clause 33

Recall for service

Amendment proposed: 24, in clause 33, page 54, line 43, at end insert—

“69C Notice periods for recall

(1) Those reservists in Army Reserve Group A, or its equivalents, shall, following the coming into force of the Armed Forces Act 2026, have their standard notice reduced from readiness category R9 (180 days) to R8 (90 days)

(2) For the purposes of this section, ‘Army Reserve Group A’ has the meaning defined in the Reserve Land Forces Regulations 2026.”—(Mr Francois.)

This amendment would increase the readiness requirement for reservists in Army Reserve Group A from 180 days to 90 days.

Question put, That the amendment be made.

--- Later in debate ---
Reserve Forces and Cadets Association
Mark Francois Portrait Mr Francois
- Hansard - -

I beg to move amendment 25, in clause 37, page 56, line 35, at end insert—

“(4) The Secretary of State must create a plan for ensuring and monitoring the efficiency of the RFCA in carrying out its duties and its relationship with local Reserve and Cadet units.

(5) The plan in subsection (4) must be laid before each House of Parliament within six months of the passage of this Act.”

This amendment requires the Secretary of State to create a plan ensuring and monitoring the efficiency of the RFCA in carrying out its duties and its relationship with local Reserve and Cadet units.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Clause stand part.

Schedule 6.

Mark Francois Portrait Mr Francois
- Hansard - -

The essence of the amendment, tabled in my name and that of my hon. Friends, is to place a requirement on the Secretary of State to create a plan to ensure and monitor the efficiency of the reserve forces and cadets associations in carrying out their duties and the relationship with local reserve and cadet units in their charge. I place formally on the record my thanks to the RFCAs as part of our overall national defence effort, and the appreciation of my party for the highly important role they carry out. Many people who serve on the RFCAs at national and regional level have tremendous experience of military life, often across each of the three services in the case of a regional RFCA. The fact that they wish to continue to make a contribution to defence, in many cases after their regular career is over, is to be welcomed and commended.

Nevertheless, just occasionally, I come across examples of a perhaps overly bureaucratic approach by some RFCA staff, who are no doubt well meaning, but whose actions tend—perhaps inadvertently—to stifle innovation and creative thinking. I will illustrate that point to the Minister with two specific personal examples, one from some years ago and the other more contemporary. The first example relates to attempts to create new cadet units in my constituency.

While I served as a Minister in the MOD more than a decade ago, I think it is fair to say that we had a successful programme to expand the number of cadet units in state secondary schools. We set a target of creating some 500 new cadet units at secondary level, specifically including some educational settings and some geographical areas that had perhaps not benefited from cadet units hitherto. We deliberately tried to set up some of those school cadet units in what might be termed quite tough inner-city areas.

That went pretty well; we hit the target. That meant that thousands of young people at school had the opportunity to benefit from everything the cadet movement offers in terms of teaching teamwork, discipline, determination in adversity and all the other military virtues that they were therefore exposed to at a relatively young age. As the Minister knows, we do not have a cadet movement specifically to recruit people into the adult armed forces. Nevertheless, if many of those people, having experienced a taste of the military ethos, wish to continue their military involvement afterwards, that is all well and good, both for them and for their country.

Therefore, on a personal level, I have always been a great believer in the cadet movement, and I am proud to say that I have four cadet units in my constituency: 1476 (Rayleigh) Squadron Air Training Corps and its sister squadron, 1474 (Wickford), and detachments of the Essex Army Cadet Force in both Rayleigh and Wickford. I have also, over the past year at least, made a point of attending both the Army cadets’ and the Air cadets’ annual awards ceremonies in Essex.

After I left the MOD, and after we had hit the target of 500 new cadet units in schools, I was involved in conversations with the headteachers of two secondary schools in my constituency, who were also very interested in the programme but had not been part of the original cohort of 500. In essence, they were both keen to set up cadet units of their own. There was an original barrier to entry of a down payment of something like £17,000 by any school that wished to participate. Given the pressure on school budgets, even a decade or so ago, that was a prohibitive barrier to entry for many schools. Nevertheless, I am pleased to say that that requirement was eventually dropped, and, at that point, I had two headteachers who were very keen to go ahead.

I attempted on numerous occasions to communicate that to the East Anglia RFCA, but I regret to inform the Committee that I got absolutely nowhere. Multiple attempts to raise this were met with a very lukewarm response; I was constantly referred to different people within the organisation, and then ultimately to one non-commissioned officer who appeared to have been given responsibility for new cadet units but, for various reasons, seemed very hard to reach.

In the end, I am sad to report that the two headteachers in question lost interest. As one of them put it to me at the time, “Well, if they’re not interested in my school, I don’t see why I should still be interested in one of their cadet units.” That was a shame. I believe it was a missed opportunity—in fact, two. I raise that in the hope that if, in future, any hon. Member wants to help foster the creation of a cadet unit at a school in their constituency, they might have a more positive experience than I did.

Perhaps, in responding to this amendment, the Minister could tell us where we are in terms of school cadet units. I think it would be handy if he could place it on the record that the Government would still like to see new cadet units in schools, and, very briefly, how hon. Members can go about encouraging that. Maybe I was just unlucky, but it would be a shame if we could not facilitate setting up new units in schools.

Secondly—this is a more contemporary example—I have the honour and privilege of serving as the honorary president of 1476 (Rayleigh) Squadron. The Minister might recall that I alluded to an issue about the potential expansion of the squadron during one of the earlier evidence sessions. I was then invited to write to the head of the RFCA about that. I am grateful for that hint, and I still intend to do so following this debate.

For the record, 1476 (Rayleigh) Squadron has won the Lees trophy as the champion squadron in the Essex wing two years running. A military type might well say, “Well, they must be doing something right then.” Suffice it to say, having declared my interest as the squadron president, I am slightly dismayed that attempts to refurbish and expand the facilities of 1476’s admittedly ageing base in Rayleigh have often fallen foul of what one might call bureaucracy at the RFCA level, even though a national house builder was offering to build a brand-new extension to the squadron base at Connaught Road as a gesture of good will and at absolutely no cost to the taxpayer.

I am sure that we have all seen these things in our constituencies: a company offers to get together a group of volunteers at a weekend and do something up. The company was going to do that, and it also offered to build what was basically, in pub English, a large shed at the back of the unit, as the squadron has a particularly strong interest in engineering studies and needed a shed in which to store its equipment and conduct lessons. That was all to the good.

--- Later in debate ---
David Reed Portrait David Reed
- Hansard - - - Excerpts

To back up the shadow Minister’s point, I was an air cadet for a number of years—[Interruption.] I know he is laughing at that, but in my experience, it was not about recruitment or a pathway into the armed forces. It was really powerful to have, as a youngster, the opportunity to do adventure training, shooting and flying, and to have a link with the military. As we ask citizens across the UK for more taxes to increase armed forces spend, our young people having that link to the military will be important, so I completely agree with my right hon. Friend.

Mark Francois Portrait Mr Francois
- Hansard - -

I appreciate my hon. Friend’s comments. He proves that the issue is not all about recruitment, as he was in the Air Training Corps but joined the Royal Marines. I thank him for his tri-service.

Luke Akehurst Portrait Luke Akehurst (North Durham) (Lab)
- Hansard - - - Excerpts

I hope that the right hon. Gentleman will accept that there is bipartisan support for extending cadet forces into the state sector, which was his first point. He mentioned cadet forces in state schools in his constituency, and the combined cadet force at Park View comprehensive school in Chester-le-Street also does excellent work. I hope he accepts that there is a community of interest in achieving that aim. I am not aware of the obstacles he spoke about around the RFCA, but I am interested by his points.

--- Later in debate ---
Mark Francois Portrait Mr Francois
- Hansard - -

I am grateful to the hon. Gentleman. On the point about CCFs, part of the Department’s thinking at the time was that a lot of young people, particularly in the independent sector, benefited from the cadet experience by joining combined cadet force units in independent schools, which, as the hon. Gentleman rightly pointed out, exist in some state schools too. We were trying to give more people in the state sector the opportunity to benefit from a similar experience, so we set the ambitious target of 500 units in state schools, which I am pleased to say we hit.

Returning briefly to 1476, in the end, I think it has all been a misunderstanding, and it could be easily resolved with a measure of good will on both sides. I hope the Minister understands the spirit in which I, as the president of the squadron, have raised the issue. If he can personally do anything to help, it would be greatly appreciated. With that, I rest my case.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I thank the right hon. Member for his views on the Bill, and I acknowledge his concerns about reserve forces and cadets associations. The Government fully recognise the vital contribution that they currently play in supporting reservist cadets and in defence engagement across the entire United Kingdom, particularly through their close relationships with local communities and employers. I had never heard of the RFCA before I left the military, but after visiting it I can see that it is a fantastic, dedicated and focused group of people who engage across society and have an amazing network that is useful not just in peacetime, but on the road to crisis and indeed during conflict as well.

However, I believe this amendment is not necessary. The Reserve Forces and Cadets Association will operate within a robust governance and assurance framework. Its performance, effectiveness and value for money will be subject to regulatory oversight through existing accountability arrangements, including formal assurance processes, reporting against key performance indicators, and ongoing engagement with the Ministry of Defence.

Mandating a statutory plan to be laid before Parliament would risk duplicating existing mechanisms. That would add bureaucracy without delivering meaningful additional oversight or improvement. The Department remains committed to continuous improvement in how the Reserve Forces and Cadets Association will operate and work with reserve and cadet units, and we will continue to strengthen those arrangements through existing flexible governance structures rather than through new statutory requirements.

Mark Francois Portrait Mr Francois
- Hansard - -

That being the case, could the Minister place on the record—I hope he will say yes—that it remains the policy of this Government to create new cadet units within educational settings where that is appropriate, and where the headteacher is onside?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I place on record our SDR commitment to grow the cadet forces by 30%, which should equate to around 40,000 cadets and 8,000 adult volunteers, although those numbers will ebb and flow. The benefits of the cadet forces are not lost on me; the University of Northampton report is a prime example, and I recommend it to anyone who has a cadet force in their constituency. It demonstrates the benefits of being in the cadet forces, ranging from education and skills to mental and physical resilience. Indeed, people’s life chances go through the roof when they join the cadet forces.

The right hon. Gentleman mentioned the specific issue of infrastructure, and I would be happy to take that offline and raise it with the Minister for Veterans and People. If people are willing to help, and if there is a way to get better facilities for cadet forces, we will double down to deliver them.

Clause 37 creates a new public body to deliver vital support to the reserve forces and cadet communities. For more than a century, the regional reserve forces and cadets associations have supported defence through the management of the volunteer estate, the administration of reserve activity, and engagement with employers and communities. I reiterate my absolute support for the reserve forces and cadets associations, and for all the volunteers who come forward to help those organisations—they do a sterling job. Their contribution is significant and valued across the defence sector, industry and broader society.

The structure of the reserve forces and cadets associations, however, still reflects that of the county associations set up in 1908, which does not meet today’s public sector expectations for governance, assurance or financial management. Multiple independent reviews, including the 2019 Sullivan review and 2025 reports by the National Audit Office and the Public Accounts Committee, have highlighted structural weaknesses in the current regional associations and recommended reform.

The clause implements those recommendations by creating a single national RFCA as a non-departmental public body, which ensures compliance with central Government governance standards. The clause provides for Defence Council appointments of an independent chair and non-executive board members; a clear reporting and audit framework consistent with the principles of “Managing Public Money”; and the transfer of assets, property and personnel via statutory schemes to ensure continuity of delivery.

That reform ensures that the NDPB will maintain the local expertise and volunteer contribution that the existing RFCAs provide by moving them to the new regional councils, which will be committees of the new NDPB. For those reasons, I hope this provides the necessary reassurance and ask the right hon. Member to withdraw his amendment. I commend clause 37 to the Committee.

Mark Francois Portrait Mr Francois
- Hansard - -

That is a very reasonable reply from the Minister. I thank him for his offer to look into this. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 37 ordered to stand part of the Bill.

Clause 38

Parliamentary control of air forces numbers

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss clause 39 stand part.

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

The clause amends section 2(4) of the Visiting Forces Act 1952 to make it explicit that a visiting force’s service court cannot impose a sentence of capital punishment while conducting proceedings in the United Kingdom. Under existing legislation, a scenario could potentially arise where a NATO sending state requests the transfer of one of its personnel into its custody in the UK and then conducts service court proceedings that may result in the death penalty. That could risk conflicting with the UK’s obligations under the European convention on human rights. The clause removes that possibility where capital punishment could be a potential outcome. By doing so, it ensures that UK practice remains fully aligned with long standing domestic and international commitments against the death penalty.

Clause 41 updates the provisions of the Visiting Forces Act on how the UK determines whether a visiting force member was on or off duty when an alleged offence occurred. At present, the Act does not provide for direct state-to-state negotiation, as envisaged under the NATO status of forces agreement 1951, if there is disagreement about whether a service member was on duty. The clause empowers the Secretary of State to make a conclusive factual determination on the narrow issue of whether the individual was acting in the course of their duty at the time of the alleged offence. In reaching that determination, the Secretary of State must consider representations from the visiting force and the relevant UK prosecuting authority. The clause fulfils the NATO status of forces agreement obligation to engage directly with a sending state in cases of dispute, ensuring consistent and NATO-aligned handling of duty status questions. I therefore commend clauses 40 and 41 to the Committee.

Mark Francois Portrait Mr Francois
- Hansard - -

Briefly, I want to make just one point about visiting forces. As the Minister knows, in recent years certain high-profile cases have included people from visiting forces based in the United Kingdom. In one case in particular, a young boy was tragically killed in a road accident by someone who was alleged to have been driving irresponsibly—a citizen of the United States. For legal reasons, I will say no more on that particular case, but I can see members of the Committee nodding in recognition of what I am talking about.

All I ask is that the Minister places on the record that we welcome the presence of those who come here as our allies to help protect us, but none the less make it plain to them that while they are in the United Kingdom, they should abide by our laws in all respects, in the same way that we ask our own citizens to. For reasons that I hope the Minister appreciates, I would like it if he could make that reassurance plain this afternoon.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I place on the record again everything that I have just said, which of course was about the NATO status of forces agreement and the changes that we want to make to ensure that UK law is reinforced here in this country, while also establishing a clear and precise relationship with individuals who come here under the status of forces agreement.

Question put and agreed to.

Clause 40 accordingly ordered to stand part of the Bill.

Clause 41 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Christian Wakeford.)

Strategic Defence Review: Funding

Mark Francois Excerpts
Wednesday 15th April 2026

(1 month, 4 weeks ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- View Speech - Hansard - -

(Urgent Question): To ask the Secretary of State for Defence if he will make a statement on his plans to fund the recommendations of the strategic defence review.

Luke Pollard Portrait The Minister for Defence Readiness and Industry (Luke Pollard)
- View Speech - Hansard - - - Excerpts

We are in a new era of threat and demands on defence are rising. The strategic defence review sets out a vision to make Britain safer, secure at home and strong abroad. The Government have accepted all 62 of the review’s recommendations, and its implementation is being delivered through a whole of UK Government effort. The defence investment plan will deliver on the vision of the strategic defence review and put right a programme that we inherited from the Conservatives that was over-committed, underfunded and unsuited to the threats we face. It is a 10-year plan and we must get it right.

We are not waiting on the DIP to deliver. We have established the defence cyber and electromagnetic command; launched the Military Intelligence Services and the defence counter-intelligence unit; announced that the UK will purchase 12 new F-35A jets; and launched UK Defence Innovation to streamline our innovation, with a £400 million ringfenced budget.

This Labour Government have done more. We have reasserted Britain’s place in the world with a rebooted Lancaster House treaty with France, signed the Lunna House treaty with Norway and published the defence diplomacy strategy. We have brought back defence exports into the Ministry of Defence, with 2025 being the highest year of defence exports in 40 years, including landmark deals with Norway and Türkiye. We have published the defence industrial strategy with nearly £800 million to make defence an engine for growth in every corner of the United Kingdom and we have unveiled the groundbreaking Atlantic Bastion programme to make Britain more secure from Russian undersea threats in the north Atlantic. We have also reversed the Tory privatisation that failed our armed forces, with our forces living in appalling accommodation—that is 40,000 forces families—with a £9 billion programme that can upgrade nine in 10 defence houses. This is a Labour Government delivering for Britain and delivering for defence.

Mark Francois Portrait Mr Francois
- View Speech - Hansard - -

Labour’s strategic defence review had three co-authors. I would like to ask the Minister a question about each of them in turn. Does he agree with Dr Fiona Hill that there is a “bizarre” lack of urgency in Government defence planning?

Does he agree with General Sir Richard Barrons, co-author of the SDR, that there is

“an enormous gap between where we have to be to keep the country safe…and where we actually are”?

Or does he agree with Lord Robertson, lead author of the SDR, former Labour Defence Secretary and distinguished former NATO Secretary-General, that the Prime Minister has shown a “corrosive complacency” towards defence?

All of those strong words have been spoken in the past 48 hours. This is no coincidence: the authors obviously understand the principles of combined arms manoeuvre. The truth is that Labour’s rhetoric on defence simply does not match the financial reality. We know that in the last financial year the Ministry of Defence was forced to make £2.6 billion of crippling in-year cuts. It has now been reported that in this financial year it will be asked to find a further £3.5 billion on top. That would be catastrophic for our armed forces. Can the Minister categorically assure the House that there will be no in-year savings exercise this year?

Finally, Labour’s SDR, published last June, promised us a comprehensive 10-year defence investment plan, which is still nowhere to be seen. One Labour peer told me prior to Easter that waiting for the DIP was like waiting for Godot, except that Godot finally turned up. Can the Minister now tell the House in what month and what year Labour’s much-vaunted defence investment plan is actually going to be published, or is Labour’s Chancellor, who is adamantly refusing to sign it, still going to hold our armed forces to ransom? Is that not why our Prime Minister, who resolutely refuses to overrule her, is all mouth and no trousers on defence?

Luke Pollard Portrait Luke Pollard
- View Speech - Hansard - - - Excerpts

Deary me, I see the armchair general is out in full force today. Let me personally place on record again my thanks to Richard Barrons, George Robertson and Fiona Hill for the superb work they did in authoring the strategic defence review. They know more than many the mess that the right hon. Member’s Government left our defence in, with hollowed-out and underfunded defences—not my words, but those of a Tory Defence Secretary from this Dispatch Box, admitting the failures they made with our armed forces.

In our first year, Labour has boosted defence spending by over £5 billion. We are now spending more on defence this year than the previous Conservative Government spent in any year. We will hit 2.6% in 2027, 3% in the next Parliament, and 3.5% in 2035. That level of spending was not seen in any of the 14 years that the right hon. Member and his colleagues were in government. In their first five years of government, they cut defence spending by £12 billion and did long-term damage to our military. They cut the number of our warships by 25% and mine-hunting ships by half. They delayed the renewal of our nuclear deterrent. In their 14 years, they never once hit the 2.5% of GDP spending that we left them with when we were last in power. They cut troop numbers to the lowest level since Napoleon, and drove down military morale with low pay and appalling military housing.

We are working flat out to deliver the DIP, and we will publish it when it is ready. We are doing something that was never done under the Tories: we are doing a line-by-line review of defence budgets, publishing not just an equipment plan but a plan covering housing, personnel and infrastructure all in one. This is a Labour Government who are delivering for defence.

Armed Forces Bill (Fifth sitting)

Mark Francois Excerpts
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Coming back to amendment 9, I agree that pulling together a court martial board to deal with senior officers poses more challenges than it does for junior personnel. Such cases are rare, and changes were made quite recently to address the issue. Changes were made in secondary legislation in 2024 to provide more flexibility in the formation of court martial boards for trials where the defendant is a senior officer, to address any potential difficulties in finding sufficiently senior personnel who do not know the defendant to sit on the board. Having boards that are tri-service has also helped assist with that. The changes ensure that the president of the board—the most senior person on the board—will be at least a one-star when the defendant is a one-star or above, and that practical attempts are always made to try to find a suitable two-star. When a two-star cannot be found, a one-star works. For defendants below one-star, the president of the board is always one rank higher.

We talked about capacity and the availability of ranks, and we will look into the detail of how we ensure that the Defence Serious Crime Command has the authority to leverage people to deliver the right consistency on boards. In terms of capacity in dealing with senior officer trials, there are around 200 one-stars in the armed forces and around 470 personnel at one star or above. There are sufficient personnel to meet the few occasions when senior personnel are tried. We keep those matters under review through the governance board of the service justice system, the service justice board and the service justice executive group, in which all key stakeholders are represented.

Clause 20 amends section 156 of the Armed Forces Act 2006, to correct an anomaly relating to those who are eligible to sit on a court martial board. The Armed Forces Act 2021 reduced qualification for those non-commissioned officers who were entitled to sit on a court martial board from a warrant officer to those of substantive OR-7 rank, for example a colour sergeant. However, a technical oversight meant that other subsections of section 156 were not also amended to reflect those changes. Consequently, only warrant officers and equivalent who became commissioned officers automatically qualified to sit on a court martial board, while OR-7s still had to undergo a three-year qualification period. Clause 20 simply enables those who receive their commission and were of former substantive OR-7 rank to automatically qualify to sit on the court martial board. I hope that provides the necessary reassurance to the right hon. Member for Rayleigh and Wickford on those grounds, and I ask him to withdraw his amendment.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- Hansard - -

I do not think we need to have a debate on clause 20 stand part because we had a pretty thorough debate on the amendment, which covered most of the issues. I will seek the leave of the Committee to withdraw the amendment, but I would like to put down the marker that we have had an interesting debate and we might wish to return to this subject on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 20 ordered to stand part of the Bill.

Clause 21

Power to impose post-charge conditions on persons not in service detention

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss clauses 22 to 24 stand part.

--- Later in debate ---
Jayne Kirkham Portrait Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)
- Hansard - - - Excerpts

I feel I should say something about this, as I started it. I did so because I consider Falmouth to be the home of the Royal Fleet Auxiliary’s Bay class ships, as it is where they are maintained and repaired, so the RFA personnel are in great part my constituents.

RFA personnel are fundamental to the Navy and to the military. In many cases, as has been pointed out, they allow them to do their job. Recently, they worked on operations relating to the shadow fleet and protecting cables. One of the Bay class ships became a hospital ship off the west coast of Africa during Ebola. The RFA has played multiple roles, often as the forgotten service; it slips between the civil service and the military. Many in the RFA feel that their work has not been appreciated, so I am pleased that the Government have picked up on that and put this clause in the Armed Forces Bill—it is much appreciated. It is the start of work on building recognition of the RFA and on retention and recruitment within the service, which has struggled of late. I appreciate this measure and am very pleased that it has been included.

Mark Francois Portrait Mr Francois
- Hansard - -

As the title of clause 30 is “Commissioner’s functions in relation to Royal Fleet Auxiliary”, I will ask the Minister something about the commissioner and then something about the Royal Fleet Auxiliary.

It would appear that, after some time, the Government have now announced someone to fill the position of commissioner. I wonder whether the Minister can confirm that. There are reports in the media that the appointment has been made, but I hope the Minister will put that firmly on the record and say a bit about the individual and how they came to be selected. What was the process by which they got that important job? Has the Defence Committee been involved in the appointment in any way?

Mike Martin Portrait Mike Martin (Tunbridge Wells) (LD)
- Hansard - - - Excerpts

I can help out a little with the right hon. Gentleman’s question. The post was not filled. The Government were having some difficulty in filling the post, and—

None Portrait The Chair
- Hansard -

Order. We are going down a rabbit hole. The Committee is not here to debate who will fill the commissioner’s role; we are here to debate the clause. Can we get back on subject, please?

Mark Francois Portrait Mr Francois
- Hansard - -

Thank you, Mr Efford. I just wanted to know who got the job.

Turning to the RFA, I pay tribute to the hon. Member for Truro and Falmouth for what she has done to raise the profile of the Royal Fleet Auxiliary. The issue is clearly extremely close to her heart. I believe that she was trying to advance a private Member’s Bill, having done well in the ballot, but there has been a slight problem with that, because—almost exceptionally, other than during covid—the Government’s business managers have hardly provided any time at all in this Session for private Members’ Bills. All those Members who had Bills that were important to them never really got a chance to make their case, so it is good that she has had the opportunity to put something on the record today.

The commissioner has important powers, as my hon. Friend the Member for Exmouth and Exeter East said, and the Royal Fleet Auxiliary has a very important role. From memory, it was created in 1905. The Minister, from his time as the chief of staff of the carrier group, knows how important it is. Technically, its personnel are not members of the armed forces, but members of the merchant navy. However, it is fair to say that the Royal Navy could not operate without them, as was well said by the hon. Member for Truro and Falmouth, who understands these matters.

The RFA has a slightly unusual constitutional position, but is a vital part of Britain’s defence none the less. Indeed, a few days ago, a number of Russian shadow fleet tankers were shadowed through the English channel by the RFA Tidespring, because no escort was operationally available. That is pretty embarrassing for the Government, when the Prime Minister has talked so tough about boarding shadow fleet tankers but has boarded precisely none of them. We touched on that point in the Chamber yesterday. Perhaps the Minister can update us. Why we did not have a warship available to undertake the task, when the Russians had a warship to escort their own shadow fleet? The middle of the channel is international waters. Where are we on all this?

None Portrait The Chair
- Hansard -

Order. Can we get back to the Bill? The right hon. Member is asking a lot of questions that I am sure are very interesting, but they are not germane to the Bill. Can we get back to the subject that we are debating?

Mark Francois Portrait Mr Francois
- Hansard - -

Yes, Mr Efford. I will conclude there. I just wanted to know why the RFA is doing a job that the Royal Navy is supposed to do. After our debate yesterday, perhaps the Minister will enlighten the Committee.

None Portrait The Chair
- Hansard -

It is up to the Minister whether he wishes to answer any of that.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

First, I pay tribute to my hon. Friend the Member for Truro and Falmouth. She generated this, and now it has come to fruition, so well done. The reality is that there is no Royal Navy without the Royal Fleet Auxiliary. The RFA does an exceptional job across everything from high-end technical to refuelling and enabling our carrier strike group.

When we talk about embarrassment and availability of capability, the unfortunate reality is that we have the cards that we have been dealt, after successive Governments under-invested in the significant hard capability that we require to deter hostile states. As a Minister in the previous Government, the right hon. Member for Rayleigh and Wickford owns an element of responsibility for that.

Mark Francois Portrait Mr Francois
- Hansard - -

For the record, whatever we did or did not do in Government, we did not bring in the £2.6 billion of operational spending cuts in the financial year just gone. That is why our availability is so poor, and that was a purely Labour decision, was it not?

None Portrait The Chair
- Hansard -

Order. We are getting off the subject again. Can we come back to the clause, please?

Armed Forces Bill (Fourth sitting)

Mark Francois Excerpts
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

As someone goes across the single services and joint staff colleges, there will be different sections where they are trained on administering justice and the rights of a commanding officer. Importantly, there will be joint standing procedures produced around the clause, which everyone who becomes a commanding officer will have to read and ensure that they adhere to.

Question put and agreed to.

Clause 18 accordingly ordered to stand part of the Bill.

Clause 19 ordered to stand part of the Bill.

Clause 20

Qualification for membership of the Court Martial

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- Hansard - -

I beg to move amendment 9, in clause 20, page 34, line 27, at end insert “or

(iii) a retired holder of such a rank.”

This amendment would add retired officers to those qualified for membership of the Court Martial.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss clause stand part.

Mark Francois Portrait Mr Francois
- Hansard - -

I again place on record our thanks to you, Mr Efford, and to our excellent Clerks and the team who organised a very good visit down to Portsmouth, where I think we learned a lot about the operation of the service courts in practice—I certainly did. A number of issues were raised in that discussion, not least about the operation of juries in courts martial, and who serves on those jury panels, how they are selected and why. I will give two or three examples of the issues that came from that and then talk to the amendment.

The current practice, when an officer is being tried for an offence, is that only officers may serve on a jury panel in a court martial. Some people raised questions with the briefers that day about why that should be, and it is an interesting issue. The book answer from the Department was that officers should be tried by a jury of their peers, and therefore it should be other officers who serve on that panel. There is an issue that follows from that about the rank of the officer being tried and the rank of the officers that then serve on the panel. We learned about a practical constraint, which is that if a relatively senior officer is being tried, let us say a colonel or above—to take an Army example—there is only a relatively small pool of people who could be trawled to sit on that panel to pass judgment on that officer.

In the civilian world, we would not have a system where, if a professor were being tried, only graduates could sit on the panel. The civilian system is that people are chosen entirely at random from the electoral roll and are asked to do jury service, which they are mandated to do, with certain exceptions set out in statute. In the civilian world, people are not tried by people of—how can I put it?—an equivalent educational or social status. As the saying used to be, it is a jury of 12 good men and true; now it is, rightly, a jury of good men and women and true who assess someone’s guilt or innocence. In the military, we still carry out the process in this ranked, structured way.

Let us say that we had a lance corporal who was being tried for being drunk and disorderly—perhaps he had got into a bar brawl after the end of an exercise; he had gone out at the weekend, had let off a bit of steam and this had led to him allegedly committing an offence. At present, as I understand it, only senior non-commissioned officers of the rank of the equivalent of colour sergeant or above could pass judgment on that lance corporal. That raises an interesting question: why should another corporal or lance corporal, who likes a night out on a Friday as well, not be allowed to serve on that panel? Why does it have to be a colour sergeant or equivalent?

Forgive me, Mr Efford, I am using Army ranks because that is what I am most familiar with from my service, but the point holds good across all the services. Why should only a colour sergeant or above be allowed to pass verdict on a lance corporal or even a private soldier? A number of such issues cropped up from our visit. Also, as in the old saying that the Minister reminded me of, time spent in reconnaissance is seldom wasted. This was a good example of that practice.

The amendment was drafted specifically to address one of those issues—the potential shortage of officers to serve on court martial panels, especially if a relatively senior officer is being tried, when by definition the pool of available serving officers to serve on a panel is limited. We have tried to come up with a practical suggestion, which is to use retired officers of equivalent rank. I am also interested to hear what other members of the Committee think of the wider issue, which is, does this have to be as hide-bound by rank as it is at the moment? I am interested in the Minister’s view as well, not least because he has been a commanding officer.

If we are to keep the system in essence as we have it at the moment, however, would it not make sense to be able to draw on a pool of retired officers of the required rank, who might have a little more time on their hands? We would not be taking anyone away from ongoing operations, and we could take time from their lives in order for them to continue to serve in a military context in the important task of administering service justice. That, in essence, is the intention of the amendment, but we also tabled it to provoke, I hope, a wider debate—I am looking at one or two Labour Back Benchers in particular, because they were vocal about this when we were in Portsmouth, so now is their chance—about why we do things in the way that we do them, and whether there is some potential for change, but if not, why not?

I hope that I have laid out the issue fairly clearly for the Committee.

Neil Shastri-Hurst Portrait Dr Shastri-Hurst
- Hansard - - - Excerpts

I am grateful for the opportunity to speak in support of the amendment, which was tabled in the name of His Majesty’s loyal Opposition, and to set out my broader support for clause 20. I will begin with the clause itself, because it addresses the composition of the court martial. In such circumstances, it is right that we support the very sensible change that the clause sets out, with its underlying intent to ensure that the court martial is properly constituted and capable of commanding confidence across the armed forces and the wider public. Enlarging the pool of those who can sit on it is a welcome amendment.

Precisely because we support that principle, however, we also need to examine whether the system is fully equipped for the realities it faces. In that context, the amendment becomes not only relevant, but in my view increasingly necessary. The amendment proposes a simple change, as set out by my right hon. Friend, to include retired holders of the relevant rank among those qualified for membership of the court martial.

At first glance the amendment may appear relatively modest, but I suggest that, like many apparently modest changes in defence legislation, it subtly reflects something much more significant. It reflects a recognition of the demands placed on our armed forces justice system and how those are changing over time, and changing rapidly. We are operating in an era of increasing operational tempo—a phrase that is often used in defence debates, sometimes frequently.

Neil Shastri-Hurst Portrait Dr Shastri-Hurst
- Hansard - - - Excerpts

The hon. Gentleman makes a helpful challenge. Clearly, there is no impact assessment with the amendment. However, there is a joint service publication, the RARO—regular army reserve of officers—list, and there are those letters I receive annually asking me to update my address and contact details. There are already mechanisms by which individuals can be identified and recalled for this service. Given the operational tempo that I have described, it makes sense that we ameliorate the pressure on those who are currently in active service while not impacting the flow of justice through the service justice system.

Mark Francois Portrait Mr Francois
- Hansard - -

In my experience, retired officers, particularly retired senior officers, are keenly aware of their pension entitlements. If we are paying them a pension through the armed forces pension scheme, we presumably know who they are and where they live. Via that database, it would not be particularly onerous to come up with a list of retired senior officers who could at least be invited. We are not suggesting that this should be mandatory, but we are suggesting that they may want the opportunity to serve. Via their pensions, we know where they are.

Neil Shastri-Hurst Portrait Dr Shastri-Hurst
- Hansard - - - Excerpts

I am grateful to my right hon. Friend, who from his time as a Defence Minister knows well how to keep tabs on those who have served our country but are now retired. The pension scheme is an obvious way to do so. In addition, he makes an important point about the willingness of individuals to engage in the process. These are people who have given enormous service to their country, and often wish to continue giving service long into their years of retirement from active service.

Our armed forces are more stretched and more globally engaged than before, and they are more frequently deployed than at almost any point in recent decades. The spectrum of threats facing our country is widening, from state-based adversaries to hybrid war, cyber-operations and persistent instability in regions where British forces are called to act with precision and professionalism. As I have set out, when operational tempo increases every part of the system is affected. It is not just about equipment, logistics or personnel numbers, but about the justice system that underpins discipline, accountability and command authority.

The question, therefore, is a relatively simple one: does our current system of service justice have the flexibility, depth and resilience required to meet that demand? Amendment 9 is one attempt to ensure that it does. It recognises that we are asking a great deal of a relatively small pool of serving officers. We are asking them not only to command forces in complex environments but, where necessary, to sit in judgment in court martial proceedings, including in cases involving senior rank, complex evidence, and often significant reputational consequence for all involved. That is not to say that these individuals are incapable of doing those tasks, but that is a heavy burden on any system. It becomes more difficult still when we consider the practical realities of availability.

Senior serving officers are, by definition, in high demand. They are deployed, rotated, assigned to strategic planning roles or engaged in operational command responsibilities that cannot simply be paused or rescheduled. At the same time, the court martial system requires a bench that is credible, experienced and capable of understanding the realities of service life. It is not enough that those sitting in judgment are legally competent to interpret the evidence; they must also understand the context in which decisions are made, the pressures under which orders are given and the operational environments in which conduct is assessed.

That combination of legal competence and operational understanding is not easily found, and it is here that amendment 9 can make a tangible contribution. By extending eligibility to retired officers of appropriate rank, we end up expanding the pool of individuals who can bring that essential combination of experience and judgment to the court martial system.

I want to be clear about what the amendment seeks to do and what it does not seek to do. It is not an attempt to dilute standards. On the contrary, it is an attempt to strengthen them by widening the field of those who meet them. It is not an attempt to undermine the authority of serving officers; it is an attempt to relieve them of some of the competing pressures that now fall on them in an increasingly demanding environment. It is not an attempt to create a separate or parallel justice system where some are tried by those who are still in active service and some are held in judgment by those who have retired. It is merely an attempt to ensure that the existing system has the necessary capacity to function effectively.

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Listening to evidence and acting on it is critical. Understanding the context in which it sits is equally important. Did that individual know that there are 200 one-stars within defence? Did they have the authority and responsibility to allocate individuals in a short, timely and effective manner to a court martial board? Probably not. The problem is not capacity. It is perhaps that the Defence Serious Crime Command needs greater authorities and programming to pool individuals in a timely and effective manner to sit on a court martial board and deliver justice.

Mark Francois Portrait Mr Francois
- Hansard - -

This is not a criticism of the Minister, because no doubt he had other important things to do, but he was not on that visit, as I recall. As Her late Majesty once said, recollections may vary, but this was a point raised with us by the people presenting to us on the operation of the system. We did not invent it. They made the point quite strongly that, for instance, if people had been on staff courses together—let us say that they had done the Royal College of Defence Studies course for a year together—that would sometimes rule them out. I must make the point to the Minister that we have not fabricated this; it is a problem that was raised with us by the experts who actually deal with the process day to day.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

In no way, shape or form am I suggesting that this was fabricated, made up or a lie. What I am trying to say is that context is important. The statistics show that there are 200 one-stars in regular service, not including the reserve. That is a large pool of individuals, which reduces the right hon. Member’s argument about capacity. He talked about people knowing each other, but there are clear protocols in place to ensure that when the board is pulled together, the range of individuals on it is as broad as it is wide, and that there is at least one woman and one man on it. I think that that is adequate. The 2024 secondary legislation that amended the rules was brought in specifically in response to the case that was mentioned during the Committee’s visit—

Gurkha Veterans

Mark Francois Excerpts
Thursday 26th March 2026

(2 months, 2 weeks ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- View Speech - Hansard - -

As former Officer Cadet Francois 24663730, and latterly Lieutenant Francois, 5th Battalion, the Royal Anglian Regiment (Volunteers), I am proud to be asked to sum up for His Majesty’s official Opposition in this important debate about Gurkhas and their welfare. I congratulate the hon. and gallant Member for Tewkesbury (Cameron Thomas), not just on securing this important debate, but on introducing it so very ably. As some Members of the House may know, I am something of a military history buff, so I have at least some appreciation of the noble and valiant service that the Gurkhas have provided to the British Crown for over 200 years.

We have heard a number of important Back-Bench speeches this afternoon, including from the right hon. Member for Hayes and Harlington (John McDonnell), and the hon. Members for Rochester and Strood (Lauren Edwards), for Tiverton and Minehead (Rachel Gilmour), for Doncaster Central (Sally Jameson), for Reading Central (Matt Rodda), for Bracknell (Peter Swallow), for Nuneaton (Jodie Gosling), for Ashford (Sojan Joseph), and for Esher and Walton (Monica Harding). The right hon. Member for Hayes and Harlington made the point that, in an important debate on this subject, 27 Back-Bench rebels made the difference on the day. He cited that as an example of how Back Benchers can affect the future. I remember how 28 Tory MPs changed the future on meaningful vote three in 2019—although, for our trouble, we were nicknamed “the Spartans” by the media, and not “the Gurkhas”.

The Gurkhas celebrated their 200th anniversary in British service in 2015, when a very striking memorial was unveiled on Horse Guards Avenue, just across the road from the Ministry of Defence. As a number of hon. Members have mentioned today, the inscription on that memorial bears repetition in this context:

“Bravest of the brave, most generous of the generous, never had country more faithful friends than you.”

The Gurkhas entered British service in 1815, when a battalion of Gurkha troops was formed under the auspices of the East India Company. They continued in British service, and during the Indian rebellion of 1857, Gurkhas fought on the British side, and they became part of the British Indian Army on its formation. They remained in the British Indian Army, and fought valiantly in both the first and second world wars.

In his brilliant book “Defeat into Victory”, which was written after the end of the second world war, and is arguably one of the greatest works ever written on the subject of generalship, one of the Gurkhas’ most famous officers, Field Marshal Viscount the Lord Slim, fondly recalled his association with the Gurkhas in the following terms:

“I was able to visit my old Battalion, the 1st/6th Gurkha Rifles, in which I had served for many happy years. It was good to see them again, and to be told by the divisional commander that they had done well in the Bridgehead fighting. I spoke to Gurkha officers who I had first known 20-odd years before, when I was adjutant, and they were chubby recruits straight from the from the Nepal hills. Now they were subadars, commanding companies and platoons on a hard-fought field. Real soldiers and real leaders.”

What a marvellous tribute to the Gurkhas from Bill Slim, an absolutely exceptional leader.

The Gurkhas continued to fight valiantly in British service, including in the Malayan emergency and during the Falklands war, when a battalion of Gurkhas were part of the British taskforce that liberated the Falkland Islands from Argentinian occupation in 1982. The hon. Member for Tewkesbury rightly paid tribute to Ghanendra Limbu, who was part of that successful campaign. We thank all those who have served proudly in the Gurkhas for their service.

The Gurkhas still form a fundamental part of the British Army today, serving in what is now known as the Brigade of Gurkhas, a collective term that refers to all serving Gurkha units. It includes three infantry battalions, one of which is based in Brunei. The second is in the United Kingdom, and there is now a third, smaller, specialist infantry battalion at Aldershot, as part of what is known as the Specialised Infantry Group. In addition, the Gurkhas have a number of other units, including signals, engineer and logistics regiments, and, interestingly, from 2025 onwards, there has been the new King’s Gurkha Artillery, which was based at Larkhill.

Despite some disputes over welfare issues, which I will come to in a moment, recruitment from the Gurkhas’ ancestral homeland of Nepal is still very healthy. To this day, we recruit several hundred Gurkhas every year, and those places are massively oversubscribed. Many young men from Nepal still strive to emulate their forebears and join one Gurkha regiment or another to serve the Crown, and long may that continue.

However, in the post-war period, the basis of the Gurkhas’ service was the 1947 tripartite agreement between Nepal, the United Kingdom and India, which established terms and conditions of service for Gurkhas in the British armed forces. Under the arrangement, Gurkhas served in the British Army on distinct terms and conditions. They also had access to a Gurkha pension scheme, first introduced in 1948, which, in essence, followed the Indian army model. It provided Gurkha soldiers with an immediate pension after 15 years’ service, but, as has been pointed out, at equivalent Indian army rates.

In 2007, the Labour Government introduced the Gurkha offer to transfer—or GOTT, as it was sometimes referred to—offering Gurkhas who served after July 1997 the option to transfer their eligible service into the United Kingdom’s armed forces pension scheme, or AFPS. I remember much debate about the AFPS when I was a Minister, and about the different benefits provided by the different generations of the scheme, whether it was AFPS 1975, 2005 or 2015—I see the Minister nodding in acknowledgement.

Significantly in this context, following the handing back of Hong Kong in 1997, the Gurkhas transferred their main base from that former colony back to the United Kingdom, where they are mainly deployed today. After 2009 and a sustained campaign led by, among others, Joanna Lumley—the daughter of a former Gurkha officer—the then Government amended the immigration rules, in essence to allow those who had served in the Brigade of Gurkhas for four years or more to settle themselves and their immediate families in the United Kingdom. That effectively remains the position today. As a result, there are now clusters of Gurkhas and their families living in the UK, mainly in current or former garrison areas, but some are dispersed further afield.

For some time, there has been a campaign to amend the pensions of Gurkha veterans who served many years ago and still draw a pension, so that they are at the equivalent AFPS rate, rather than based on the comparable Indian army rate. The traditional argument is that because most Gurkhas returned to Nepal on the conclusion of their service, where costs were lower, it was appropriate to pay them under the old arrangements. However, after the end of their basing in Hong Kong and the switch of the brigade to the United Kingdom—and, indeed, given that many Gurkhas now avail themselves of the option of settling in the UK with their immediate family following their period of service—the question arises of whether the pension arrangements should be altered, including for older Gurkha veterans. I commend the hon. Member for Tewkesbury for advancing their arguments in the way he has done this afternoon. He has been a strong advocate of their case. I am afraid that I cannot, standing at the Dispatch Box, make an immediate spending commitment on behalf of my party to satisfy the hon. Member—

Mark Francois Portrait Mr Francois
- Hansard - -

—although I hear calls from senior Members behind me to do so. Nevertheless, I can perhaps provide at least some additional context to this debate. Let me set out what I mean by that. For many years, all western armies—be they American, Canadian, Australian, German or otherwise—have struggled to recruit and retain sufficient regular and reserve personnel. I would argue that there have been particular problems in Britain, because of an extremely poor recruitment contract with Capita, or —forgive me, Madam Deputy Speaker—Crapita, as it was nicknamed by Private Eye. I proved spectacularly unsuccessful at persuading Conservative Ministers to take away the contract, despite my best efforts.

At a time when all western armies have struggled to recruit and retain, the Gurkhas have provided a constant source of willing soldiers for the British Army—and as I intimated earlier, each year, the recruitments slots are still very healthily oversubscribed. That is no doubt one reason why the new Labour Government decided to form an entirely new artillery regiment, the King’s Gurkha Artillery, last year. In addition, there are still large numbers of Gurkhas who have left regular service but are living in the United Kingdom under the immigration changes I referred to, who might perhaps be persuaded to form reserve battalions of what is now the Army Reserve. I believe that such units would have as strong an ethos as their regular counterparts, and there should hopefully be a ready pool of already trained ex-regular troops to sign up, if this idea were pursued.

I mention all this because of the Conservative party’s recent announcement that, due to the worsening international situation, an incoming Conservative Government would add back to the Army; we would create a Regular Army of a minimum of 80,000 troops, and the Army Reserve would be expanded from some 26,000 soldiers at present to at least 40,000, making for an Army on mobilisation of 120,000—and there would be potential further augmentation from the strategic reserve by another nearly 100,000. That is excepting a situation in which there was full conscription. We hope to debate this matter in more detail in the Armed Forces Bill Committee after the Easter recess.

If we were to expand the British Army, both regular and reserve, there might well be merit in seeking to use that willing pool of additional Gurkha recruits to achieve at least part, if not all, of the desired expansion. If we were to ask the Gurkhas to form a proportionally slightly larger element of the British Army in the future, that might make for a stronger case for improving their terms of service, including the terms of service of those who served many years ago. I hope the House can follow my argument. I table that suggestion for discussion, and I hope that it is a positive contribution to the debate.

To finish, I pay tribute to the extremely loyal and valiant service to the Crown that the Gurkhas have provided for over two centuries, during which 26 Victoria Crosses and many hundreds—indeed, thousands—of other gallantry medals have been awarded to those serving in Gurkha regiments. The Gurkhas have been great friends to Britain over many decades—indeed, centuries—and we thank them most heartily for that record. As they have a fearsome reputation on the battlefield, we should be wary of upsetting them, and avoid doing so if at all possible. I therefore look forward to hearing what the Minister has to say, and to hearing whether he can provide any comfort to the hon. Member for Tewkesbury, or to the House more broadly, on this admittedly rather complicated subject, which affects some of the bravest and most dedicated soldiers the British Army has ever seen.

Armed Forces Bill (Third sitting)

Mark Francois Excerpts
None Portrait The Chair
- Hansard -

Before we continue line-by-line scrutiny of the Bill, I have a few reminders for the Committee. Please switch off or silence electronic devices. No food or drink is permitted during the sitting, other than the water provided. Hansard would be grateful if Members could email their speaking notes or pass them to the Hansard colleague in the room.

I remind Members to bob to catch my eye if they wish to speak in any debate. The selection list for today’s sitting, which is available in the room and on the Parliament website, shows how the clauses, schedules and selected amendments have been grouped for debate.

I also remind Members that amendments may be tabled during the recess. Amendments for consideration on 14 April, our first sitting after the recess, must be tabled no later than 4.30 pm on Thursday 9 April. Amendments for consideration at the sitting on 16 April must be tabled no later than the rise of the House on Monday 13 April.

Clause 3

Defence housing and other property

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- Hansard - -

I beg to move amendment 17, in clause 3, page 7, line 16, at end insert—

“(4) The Defence Housing Service will operate within a budget which must be set out in any Defence Investment Plan published by the Secretary of State.”

This amendment would ensure that Defence Housing Service’s budget is set out in any Defence Investment Plan published by the Secretary of State.

Good morning, Mr Efford. It is a pleasure to serve under your chairmanship again as we move on to clause 3, which concerns the proposed new Defence Housing Service and associated matters. I will speak to amendment 17 in my name. There are no Liberal Democrats in the room yet, but I am sure they will be joining us at some point.

We have been assisted in examining this topic by our very helpful evidence sessions with Mr David Brewer, the putative head of the new Defence Housing Service, and Ms Natalie Elphicke Ross, a former parliamentary colleague of ours on both sides of the House, who has materially assisted the Government with their review and the creation of their new plan. We acknowledge her efforts.

We also had a very informative Defence Infrastructure Organisation briefing during our visit to Portsmouth, where we visited a number of dwellings in a military patch outside the wire. That included houses representing both before and after, as it were: those that had been refurbished to an obviously good standard, and those that were still awaiting that work. I place on record our thanks to members of the DIO and to the Clerks for what was, as I hope the whole Committee will agree, an extremely informative visit.

Before we get into the meat of the debate, I will take it as read that all members of the Committee share the same objective: an improved quality of service family accommodation for our valued armed forces personnel and their families. Again, for the record, we thank them for their service. We would also like to see good-quality accommodation for senior service personnel. The debate is therefore not so much about the objective, which I think we all share, as about the best way of achieving it. That is where we may have some genuine differences of opinion this morning, but hopefully for the right reasons.

Amendment 17 focuses on the budget for the proposed new Defence Housing Service. Its essence is that the Defence Housing Service’s budget should be clearly set out in any defence investment plan published by the Secretary of State. [Interruption.] Good morning! The Liberals are now with us.

There is an obvious historical context for the amendment. I think it is fair to say that down the years, under Governments of both colours—three colours, if we include the coalition Government of 2010 to 2015—there has been a constant tension in the funding of the defence housing estate. On the one hand, there has been a desire to provide capital to upgrade it; on the other hand, there have been general pressures on the defence budget. It has not been unknown for capital expenditure to be deferred from one year to another to free up resourcing for other operational priorities that were deemed more pressing or urgent by Ministers at the time.

The aims and objectives of the new Defence Housing Service are rightly ambitious, which raises questions about how to secure the money and what safeguards there are, if any, against any future Government raiding that substantial pot of cash for other priorities should the circumstances arise. Both Mr Brewer and Ms Elphicke Ross were very clear in their evidence on the subject on 4 March: they said that after considerable discussion with the Treasury, a sum of some £9 billion had been put aside to create the Defence Housing Service and enable it to achieve its objectives laid out in the Bill.

Nevertheless, during the same evidence session, it was established after some detailed—indeed, forensic—questioning from my hon. Friend the Member for Exmouth and Exeter East that the money had not been formally signed off by His Majesty’s Treasury. That is because the sum is currently included in the defence investment plan, which itself has not been signed off by His Majesty’s Treasury.

As we all know, the defence investment plan has not been published, although Parliament was initially promised it by last autumn. I do not intend to labour—no pun intended—the point this morning, as we debated it at some length in the main Chamber on Tuesday evening. Suffice it to say that when the Government published the strategic defence review in July last year, they deferred many of the crunchy equipment and capability decisions to a subsequent defence investment plan. We were promised that it would be published in the autumn. We were then faithfully promised that it would be published by Christmas. We were then absolutely promised that it would be published fairly shortly thereafter. Here we are on 26 March, the day on which the House rises for the Easter recess, and still it has not been published.

That leads to an additional problem, including for the Defence Housing Service. Part of the DIP, presumably including service accommodation in Scotland and Wales, could be affected by the outcome of the forthcoming Scottish Parliament and Welsh Senedd elections, at least indirectly. If the DIP is not published extremely shortly, it is likely to be caught by the purdah rules on those national elections. The putative date for the King’s Speech seems to be settling on or around 13 May. That means that the DIP is unlikely to be published until the second half of May, nearly two months from now, by which time the Defence Housing Service is meant to be under way.

In essence, we are debating a plan based on a long-term budget that has not yet been agreed by the Treasury because, bluntly, the Ministry of Defence is at war with it. That is why the DIP has not been published. It is conceivable—although, for the record, I hope that this will not be the case—that whenever final negotiations are eventually concluded, the Treasury may insist on further reductions in the DIP, which in turn could lead to further reductions to the £9 billion currently allocated for the programme. That is why we tabled amendment 17, which states that the budget for the Defence Housing Service must be very clearly set out in the defence investment plan, whenever it is published, not least so that in subsequent iterations of the plan we can see whether the funding allocation is being reduced or increased.

Will the Minister guarantee to the Committee that, as of 26 March 2026, the £9 billion in the forward programme has been formally signed off by His Majesty’s Treasury? In other words, can he guarantee that it is ringfenced in the DIP? If he cannot, can he at least tell us when the DIP will finally be published? A fortnight ago, I said privately to a Labour peer that waiting for the DIP was like waiting for Godot. He replied, “Yes, Mark, but at least Godot finally turned up.” Will the Minister answer those questions so that the Committee can take a view on the surety of the funding on which this admittedly very ambitious plan undoubtedly rests?

David Reed Portrait David Reed (Exmouth and Exeter East) (Con)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairship, Mr Efford. I wish to add some points to bolster the argument of my right hon. Friend the Member for Rayleigh and Wickford.

We were promised the DIP before Christmas, but right hon. and hon. Members do not need me to tell them that it is now the end of March and we still do not have it. It is all well and good talking about a 25% reduction in delivery costs and about improved military housing, but until those promises are reflected in a clear, costed defence investment plan, they will remain words, not guarantees.

That is precisely why my right hon. Friend’s amendment 17 is so important. It states that if the Government are serious about defence housing, the Defence Housing Service’s budget must be set out in the DIP. It would tie the rhetoric on forces housing, new helicopters and new military hardware to an actual budget line. If Ministers truly intend to deliver what they have promised, they should have no difficulty in writing it into a plan.

Let us be clear with our service personnel and their families. We welcome investment when it is real, but we will not pretend that an uncosted statement is the same as a funded commitment. Until the Government publish the defence investment plan and the DHS budget is there in black and white, this House is being asked to take it on trust. That is not good enough.

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I can say that we are working flat out on the absolute shambles we were left by the Conservative party. I can also say, as the Defence Secretary said in the House, that £9 billion will be allocated to the Defence Housing Service. The study has been completed. It is a very effective strategy. It has taken into account a lot of the other details that were excluded in the past. It has pulled them all together and has put in place a comprehensive strategy that will be funded.

Mark Francois Portrait Mr Francois
- Hansard - -

I am not saying that in 14 years we got everything right, but we never ended up in a situation in which we could not put a destroyer to sea, to a NATO exercise, with three months’ warning. It was never that bad.

I was told at a dinner last night that the Secretary of State or other Ministers have not allowed this Minister to see the defence investment plan. Surely that cannot be right: he must have seen it. For the avoidance of doubt, could he just pop up and tell us that of course he has seen it, and he has seen the detail of it?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

My role, when it comes to defence investment, is primarily linked to uncrewed systems. I have been pushing as hard as I can to ensure that there is significant resource and consideration of not just the delivery of capability, but training, tactics and procedures, and the inculcation of drones and autonomous systems into our armed forces.

Mark Francois Portrait Mr Francois
- Hansard - -

So you haven’t seen it.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I hope that I have provided the necessary reassurance to the right hon. Member. On those grounds, I ask him to withdraw his amendment.

Mark Francois Portrait Mr Francois
- Hansard - -

We all know how this works. That was what, in “All the President’s Men”, they would have called a non-denial denial. I am afraid we have had no satisfaction, so we will press amendment 17 to a vote.

Question put, That the amendment be made.

--- Later in debate ---
Mark Francois Portrait Mr Francois
- Hansard - -

I beg to move amendment 14, in clause 3, page 7, line 26, at end insert—

“(e) improving the satisfaction of service families with the accommodation provided.”

This amendment would make improving customer satisfaction a specific objective of the Defence Housing Service.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Amendment 3, in clause 3, page 8, line 16, at end insert—

“(6A) The standards in subsection (6) must at a minimum meet the 2006 decent homes standard.”

This amendment requires that the framework agreement governing the new Defence Housing Service must at a minimum meet the 2006 decent homes standard.

Amendment 4, in clause 3, page 9, line 12, at end insert—

“‘2006 decent homes standard’ means the document called ‘A Decent Home: Definition and guidance for implementation’ that was published by the Department for Communities and Local Government on 7 June 2006.”

This amendment defines the 2006 decent homes standard and is consequential on Amendment 3.

--- Later in debate ---
Mark Francois Portrait Mr Francois
- Hansard - -

The purpose of amendment 14 is to make improving customer satisfaction a specific objective of the Defence Housing Service. I will attempt to give credit where it is due. For context, the quality of service quarters, and in particular the maintenance of those quarters—especially maintenance of boilers and heating, dealing with mould, and suchlike—has been a constant bugbear for many service personnel and their families for decades. It is something that I went into considerable detail about in the “Stick or Twist?” report in 2020, to which I shall refer in more detail later this morning.

The previous Conservative Government entered into a new housing management contract—the future defence infrastructure services programme, or FDIS—prior to the last general election. It is probably fair to say that there were quite a number of teething problems when that contract went live. Indeed, I expressed a number of reservations about FDIS in the “Stick or Twist?” report before it came in.

However, the information I have is that after persistent pressure from Ministers—initially Conservative Ministers, especially my hon. Friend the Member for South Suffolk (James Cartlidge), and now Labour Ministers, including the Minister on the Committee, to give credit where it is due—the performance of contractors under the FDIS contract has improved. We heard as much from the families federations—from the customer side of the equation, as it were.

It can also be seen in the ratings, which are recorded annually in the armed forces continuous attitude survey, or AFCAS, which allows us to track customer satisfaction with the quality of maintenance of SFA. There is a specific question on that every year. Again I give credit where it is due for the introduction of a charter for the homes of service personnel and their families. Of course, it is the families who have to put up with the frustration of any failures, particularly if their loved ones are deployed away from base for any operational reason for any period of time. The families back home have to deal with the problems on a day-to-day basis, so if it is getting better, that is clearly to be welcomed.

Clause 3 sets out a number of objectives for the Defence Housing Service and its functions, including

“(a) improving the supply and quality of defence housing,

(b) managing land or other property used (or formerly used) for defence purposes,

(c) securing the regeneration or development of such land or other property, and

(d) supporting in other ways—

(i) the creation, regeneration or development of service communities, and

(ii) the continued wellbeing of those communities.”

I am sure that no one on the Committee will object to any of those objectives. But given the history I just outlined, the essence of amendment 14 is to introduce a fifth objective:

“improving the satisfaction of service families with the accommodation provided.”

Although I have no doubt that those who came up with the proposed Defence Housing Service fully intended to do this, the aim of the amendment is to place that objective firmly on the face of the Bill and, in so doing, establish it as an additional, clearly defined objective of the Defence Housing Service. Then, with the customer charter and assuming that we continue to ask similar questions in the armed forces continuous attitude survey every year, it should be possible to use that objective as an accurate metric to establish whether or not the Defence Housing Service is actually meeting one of its declared functions.

If we amend the Bill as I am suggesting, we could use it to hold the management of the Defence Housing Service and, I dare say, Ministers to account for the performance of the new service. It seems to us that this is quite a common-sense way to proceed. Therefore, I rather hope that the Minister will be prepared to accept this amendment without my having to divide the Committee.

Mike Martin Portrait Mike Martin (Tunbridge Wells) (LD)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr Efford. I rise to speak to amendments 3 and 4, which my hon. Friend the Member for North Devon and I have tabled. Amendment 4 is consequential on amendment 3, so I will speak about them together.

What we are talking about here is a sensible proposal. Indeed, the Government and the Lib Dems have already had many discussions on this proposal, and the Government have already accepted it in a related area of law. I therefore hope the Minister will treat it as a tidying-up exercise on which we can all agree.

Amendments 3 and 4 seek to enshrine the decent homes standard as the minimum standard for the Defence Housing Service. The decent homes standard has been in law for about two decades, and the Government recently incorporated it into the Renters’ Rights Act 2025. Of course, that takes us to the whole point of the armed forces covenant, which is to make sure that service personnel are not prejudiced in any way by their service. If the decent homes standard is good enough for civilian renters, it follows, if we are to apply the covenant as intended, that service personnel should also be afforded the same standard.

What is the decent homes standard? Anyone who has served, as I have, has at some point in time been housed in accommodation that is just beyond belief. I spent some time in accommodation that was actually condemned, which meant that no money was being spent on it because it was going to be demolished at some unspecified point in the future, but I lived in it for the entire time I was there.

At that time, I was single, but of course it is not just those who serve who expect to live in decent homes; their families expect to, as well. In a minute, I will refer to the continuous attitude surveys and what service personnel feel about their service accommodation. However, it is often the pressure on their family—their wife or husband, and the children—that make service personnel think, “I can deal with this, but I do not want my family to have to deal with it.”

What is the decent homes standard? As originally defined, it refers to a home being in

“a reasonable state of repair”.

Obviously, if that standard were applied, it would immediately outlaw things like damp. It also says that a property should have modern “facilities and services” and provide a reasonable degree of “thermal comfort”, so we would probably expect double glazing, rather than the single glazing that I had, although it was 20 years ago.

A more recent document published by the Ministry of Housing, Communities and Local Government in January sets out the new decent homes standard. Amendment 3 seeks to enforce the original 2006 standard, because the document published in January is a White Paper and is not yet Government policy. The new decent homes standard seeks to reflect things like modern energy efficiency standards, as we would expect.

This does not seem much to ask, and the Lib Dems pushed for it during the passage of the Renters’ Rights Act. The Government originally voted against it on Report, but then they made the amendment to the legislation. I am not presenting that to the Committee in a partisan way; I merely want to say that we have already had this discussion, and the Government have accepted that it is the appropriate standard for civilian renters. Service personnel are also renting—they pay money for their accommodation, so they are renting—so the standard should be reflected in their housing.

What do service personnel say about their accommodation? I accept that it has improved, as the right hon. Member for Rayleigh and Wickford said, but there are still problems. Let me give the Committee a few statistics. One in five personnel plans to leave the armed forces, and 25% of those cited the standard of accommodation as a reason for leaving. At a time when we have a retention crisis, it seems that we should be focusing on that. I know the Government are focusing on it, and in tabling this amendment we are trying to help them to fix the problem. Of the 78% of service personnel who live in service accommodation, only half—51%—remain satisfied with the state of their housing. So there are problems, although improvements have been made.

Under the Renters’ Rights Act, which was amended to include the decent homes standard, the MOD was mandated to report to Parliament on the state of service housing. The idea was that it would gradually move defence housing stock up to the decent homes standard. Of course, the problem with how it was laid out in the Act is that no targets or timelines were set, so although the MOD reports to Parliament, there is no way for Parliament to hold the Government to account on the attainment of that standard for service personnel.

Amendments 3 and 4 seek to put that accountability in place and ensure that the MOD has to achieve the standard. When it reports to Parliament, the amendments would ensure there is a mechanism by which Parliament can hold the MOD accountable for attaining the standard for service personnel.

Mark Francois Portrait Mr Francois
- Hansard - -

I declare an interest: in the 1990s, I was the acting chairman of housing on what was then Basildon district council—so I was a housing specialist, but admittedly back in the last century. Incidentally, Basildon was once described as the only local authority in Britain where, at council meetings, councillors actively heckled the public gallery. From serving on the council, I can say that it is half true.

The hon. Gentleman mentioned a number of features of the decent homes standard. What in his opinion are the critical two or three parts that, if we were to support his amendment, he would have the Government and the Defence Housing Service ensure above any others? What are the key two or three bits that he would like to press the Government on this morning?

Mike Martin Portrait Mike Martin
- Hansard - - - Excerpts

The decent homes standard, as set out in legislation, is a set of principles that can be enforced by the courts, and the courts will make the judgment. When we talk about modern facilities and services, for example, we are talking about what the courts would view as being modern and reasonable. I come back to the fact that we would probably expect double glazing, not single glazing. We would expect central heating, not individual electric fires. We would expect no damp. We would expect a carpet that does not have holes in it. Those are things that the courts would accept as reasonably approaching a decent homes standard, and as reflecting a reasonable state of repair and thermal comfort.

I will conclude now, Mr Efford. Thank you for your patience. What we are seeking to do here is a tidying-up exercise to support the Government in their aim to set service personnel and civilians on an equal level and make sure that service personnel and particularly their families are not prejudiced as a result of their service. If a decent homes standard is good enough for civilian renters, it is good enough for service renters.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I believe that amendment 14, moved by the right hon. Member for Rayleigh and Wickford, is unnecessary. It is clear that the Defence Housing Service will have a service ethos at its heart, and we are already way ahead on that. The Committee heard from representatives of the families federations during the evidence sessions, in which Cat Calder from the Army Families Federation said that during the course of the defence housing strategy review, it was

“very much engaged with, listened to and questioned”,

and its views “taken into consideration.” That will continue as the defence housing strategy turns to the Defence Housing Service and the implementation of changes across the entire estate.

I welcome the right hon. Member’s comments about the FDIS statistical change. When I first took over this job, I visited multiple defence housing providers and, indeed, the houses themselves. I line-by-lined the cost of everything from a plunger to the taps to make sure we were extracting the best value for money from those contractual services. The trend was already moving, and I believe it has moved in the right direction. There is always work to do, but we have our foot on that pressure point and will ensure we extract best value for money and best time when it comes to the delivery of services for our families in service housing.

Importantly, throughout the development of the defence housing strategy, families have been at the very heart of the discussion to ensure that their views are considered, along with the differences between the way of life and operational priorities of the Army, RAF and Navy. That is why we have set up a new customer service committee with representatives from all three forces’ families as members. The Defence Housing Service will have a service family representative on its independent board.

We are already making rapid improvements after many years of ebbing and flowing standards and service in military accommodation, and we have delivered our consumer charter commitments to improve our families’ experiences. That includes transforming 1,000 of the worst homes by Christmas with new kitchens, bathrooms and floors, which the Committee will know from its visits were previously in a shoddy state. Some are still in that space, but we are moving rapidly to change it.

We are modernising outdated policies, giving families greater freedom to improve their homes, and streamlining processes for those who wish to run businesses from home or simply have a pet. We are also delivering named housing officers, as it is critical to have a central point of contact to make complaints to, or to demand better services, as well as delivering photos, floor plans and a new online repair service.

Mark Francois Portrait Mr Francois
- Hansard - -

This might seem like a point of detail, but it is important. I will come on to “Stick or Twist?” later, but one thing that came out very clearly is that many families wanted what used to be known in old money as “patch managers”, often a retired senior NCO who lived nearby, who knew the patch and all the quarters intimately. He knew that No. 23 had always had a slightly wonky boiler or whatever. He was someone that all the families knew, and who the wives could get hold of if their spouse was away on deployment. We have named housing officers, but at what level do they operate? Do we have one per patch, per garrison or per region? How close to ground level are these named housing officers?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I will get back to the right hon. Member with the exact numbers of housing officers and how much patch they will oversee and manage, depending on the different service contracts. As he will be aware, the Army, Navy and Air Force approach it in different ways. Some have retired officers in a Reserve billet, looking after everything from welfare to housing. Others have specific housing officers, and some have none at all. There is a requirement to standardise that, hence the reason for housing officers coming in. I believe that housing officers work most effectively when they have either served or have an understanding of service. We are seeking to replace the single point of contact for families to go to should they have a problem with their housing or the facilities provided by the contractual arrangements.

On the promises that were made to families, it is worth noting that work is fully under way to deliver them under the consumer charter. We are also seeing results. Satisfaction in defence homes is rising: rates are now at 51%, their highest level since 2021. I would argue that that has resulted in an increase in both retention and recruitment, pulling more people into the military. We have seen a 13% increase in recruitment and an 8% reduction in outflow.

I have always been really honest that, in the short term, we are getting after this with 1,000 homes and the consumer charter, but that we will really see the benefits over the medium to longer term, with a complete rejuvenation of the estate. Satisfaction with repairs has increased steadily, from a low of 23% in January 2023 to 66% in 2025. In February 2026, we received 400 complaints, compared with a high of 4,200 complaints in November 2023, so we are making progress. We want to get that 400 figure down even further and will continue to endeavour to do so.

Amendments 3 and 4 propose to specify further in legislation the standards that accommodation should meet. I thank the hon. Member for Tunbridge Wells for his service and for his attention to ensuring that service family accommodation meets the standards that families rightly expect. The conduct and the candour of this debate have shown that we all want the same thing.

As part of the generational renewal set out in the defence housing strategy, we are already making rapid improvements, including through the new consumer charter for service family accommodation, which the Secretary of State announced last year, with the first set of those commitments delivered way ahead of Christmas. Through the wider plan set out under the defence housing strategy, we will be delivering improvements to nine in 10 defence family homes over a decade of renewal, delivering on the opportunity presented by the buy-back of the estate in January 2025.

In relation to the amendment tabled by the hon. Member for Tunbridge Wells, the MOD is already committed to meeting and publishing compliance with the standard. The defence housing strategy specifically addresses the issue and sets out that the housing standard should keep pace not only with the decent homes standard, but with wider housing safety requirements such as Awaab’s law.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

If the hon. Member will let me, I will come back to him with a specific timeline for the process.

In reply to an earlier question, there are 122 housing officers in total, and the figure will increase over time. Each housing officer is responsible for 300 to 400 homes. Although the housing officer will be a specific individual in place, a lot of armed forces also have other welfare officers and facilities. However, this is a step in the right direction to providing a single point of contact.

Mark Francois Portrait Mr Francois
- Hansard - -

I am grateful for that detail. I agree that it is a step in the right direction, so it would be churlish not to welcome it. To give credit where it is due, when my hon. Friend the Member for South Suffolk was a Minister in the Department, he invested several hundred million pounds in what was known as the mould action plan. Its aim was to get after the problem not just with temporary fixes, but with long-term work on properties with a persistent mould problem. As I have tried to be fair to the Government this morning, I hope the Minister will acknowledge that my hon. Friend put quite a lot of effort into that issue in defence housing. There has subsequently been some success, has there not?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I agree. The mould action plan got after a large chunk of the problem. I know there was work that went on previously, including “Stick or Twist?” and other reviews, but now that we have got rid of the Annington deal and got control of our estate, we can take a far more strategic outlook. That is what the defence housing strategy is all about, so that we ensure that we get best value for money over a longer period and do not have to spend huge amounts in a short time, which unfortunately can result in poor contractual agreements and not the best value for money.

The mechanism for embedding the standards, as well as Awaab’s law, including any changes over time, has already been included in the Bill. It has been deliberately drafted in that way to provide a mechanism for capturing future changes to policy without requiring legislative change. As a case in point, the hon. Member for Tunbridge Wells specified the 2006 decent homes standard in amendment 3, but he will be aware that the Ministry of Housing, Communities and Local Government is already in the process of introducing a revised decent homes standard. The amendment, although absolutely well intentioned, is too specific. It would set in stone a policy position that would rapidly become redundant. Further mechanisms will ensure that we keep in line with the decent homes standard, such as providing a report into the system on, I think, a yearly basis—I will clarify that point in due course.

I reassure the hon. Member that in practice the Ministry of Defence already uses the 2006 decent homes standard as a benchmark for service family accommodation and will work to meet the new decent homes standard as it is introduced. The same applies to Awaab’s law, which is being taken forward through the consumer charter. As the generational renewal set out in the defence housing strategy progresses, we will aim not just to meet minimum standards, but to provide homes that any of us would be proud to live in.

The scale of the problem should not be underestimated. The defence housing estate was built at any time from the 1960s all the way up to the early 2000s, with single-skin walls and a plethora of issues. It will take a medium to long-term strategy to deliver real, meaningful change over time. The messaging to the armed forces and their families is that we are on this: we have assured the money and we will head in the right direction to improve defence housing over the medium to longer term.

I hope that the points that I have set out provide the necessary reassurance as to why amendments 14, 3 and 4 are not necessary and can be withdrawn.

Mark Francois Portrait Mr Francois
- Hansard - -

I appreciate everything that the Minister has said. None the less, we feel strongly about amendment 14, so we will press it to a vote.

Question put, That the amendment be made.

--- Later in debate ---
Mark Francois Portrait Mr Francois
- Hansard - -

I beg to move amendment 15, in clause 3, page 7, line 26, at end insert—

“(e) provide earmarked accommodation to facilitate “contact visits” for children of service personnel, who do not live with them (in accordance with any relevant court order).”

This amendment would make the Defence Housing Service responsible for providing accommodation to facilitate “contact visits” for children of service personnel who have separated, in accordance with any relevant court order regarding access.

My hon. Friends and I tabled this very specific amendment for two reasons. I remember that during my time as a Minister, which was more than a decade ago, when I visited Army garrisons, Navy facilities or RAF airbases and discussed service family accommodation, the issue often cropped up of providing accommodation for contact visits. In practice, that usually means providing SFA quarters that are ringfenced specifically to allow serving personnel to hire them temporarily, for example so that children who do not ordinarily live with them can stay with them on camp during a contact visit.

This is obviously still an issue. I recall it cropping up in conversation when the Committee visited Portsmouth. When we visited the patch, we were shown some houses that, from memory, still had diggers outside because they were about to be refurbished for exactly that purpose. That tells me that this is still a bit of a challenge even now. Incidentally, that example bears out the value of the Committee visiting to see and learn these things for ourselves. As the Minister reminded me, it was Napoleon who said that time spent in reconnaissance is seldom wasted. Our visit was a very good example of that maxim in practice.

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I thank the right hon. Member for Rayleigh and Wickford for tabling the amendment. I absolutely recognise the importance of facilitating contact visits between service personnel and their families; there are people here with experience of that.

The reality is that as we have come into government, we have the wrong houses in the wrong place in the wrong amount. That requires a whole restructuring of our defence housing estate to ensure that it matches and moulds itself to varying requirements across the population.

I was a base commander, and we had several welfare houses. There is a joint service publication in MOD policy, JSP 770, that designates service family accommodation as welfare support accommodation. This is a joint process with local military commands and welfare services to provide housing for welfare requirements. It cannot simply be met with the responsibilities that the amendment seeks to set for the Defence Housing Service.

Moreover, there has to be flexibility in the use of welfare support accommodation to ensure that it can respond to local needs and local requirements, including other important welfare uses such as those relating to domestic abuse and safeguarding. It would be far too inflexible for it to be earmarked as accommodation solely for contact visits, as the amendment sets out. That would limit our ability to respond to urgent needs of other kinds.

More generally, the issue that hon. Members have highlighted is only one part of a much bigger issue that the Defence Housing Service is being set up to address, which is that the defence estate is wrongly configured as a result of the legacy of Annington and years of under-investment, with not enough homes in the right places to meet the requirements of service personnel.

The focus of the Defence Housing Service is to improve existing homes and create thousands more, including by delivering widened access to accommodation for modern families. Its progress against that will be set out for Parliament to scrutinise through the annual reporting process. The defence housing strategy team looked at the issue as part of its review. An important conclusion of the review was a recognition of the important role that local welfare-based discretion plays in managing service personnel’s housing needs, which cannot always be planned from the centre.

The reality is that welfare houses provide a capability for a plethora of needs, from supporting individuals who have been subject to abuse all the way through to providing a comforting environment for families who have broken up or separated and need a place to live and thrive with their children. To narrow them down to one use may not meet the local requirement, but I absolutely support the premise and the positivity behind the amendment. Given the clear and comprehensive arrangements that are already in place, I see the amendment as unnecessary.

Mark Francois Portrait Mr Francois
- Hansard - -

I appreciate the spirit in which the Minister is replying. I have learned to take his word. Just so he does not think that we have a blanket policy of voting on everything this morning, if he gives me his word that he will take the issue back to the Department and the people setting up the DHS and look very seriously at how we might do a bit better, in return I shall not press the amendment. Can he give me that comfort now?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

It is absolutely right and proper that we do that. I would like to go a step further: we could probably organise a sit-down with Natalie Elphicke Ross and the team at the Defence Housing Service. It has already been thought through, but they can explain it. If the right hon. Gentleman has any insight into how he would improve it, or indeed any reflections from his own experience of the defence estate, we will take that forward. I therefore ask him to withdraw the amendment.

Mark Francois Portrait Mr Francois
- Hansard - -

I will not look a gift horse in the mouth. I thank the Minister for his kind offer, and I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Mike Martin Portrait Mike Martin
- Hansard - - - Excerpts

I beg to move amendment 2, in clause 3, page 8, line 13, leave out “service family accommodation” and insert “defence housing”.

This amendment requires that the framework agreement governing the new Defence Housing Service pertains to all defence housing.

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

The requirements are different for SLA and family accommodation, but we both want the same thing: the best accommodation, whether for a family or a single person living on base, either separated from their family or single. What I can offer the hon. Member is to engage and talk him through the single living accommodation strategy as it builds, so he can ensure his points are included and we either fill the knowledge gap or make the strategy reflect the intent of providing the best accommodation for single individuals outside the family setting.

Mark Francois Portrait Mr Francois
- Hansard - -

It may assist the Committee to know that when I looked at this in “Stick or Twist?”, we realised that we were talking about two slightly different propositions, and that some of the challenges in single living accommodation are a bit different from those in SFA. For the record, in “Stick or Twist?” we said we would start with SFA—we were talking about a housing association—and learn lessons from that and then go on to SLA. We realised there is a bit of an air gap between the two, so our work was concentrated on one and then maybe moved on to the other. That is, in some ways, similar to the spirit of what the hon. Member for Tunbridge Wells is saying, if the Minister will accept that.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I completely accept that. There are just nuances and differences in the requirements, and that will be reflected in the outcomes of both reviews. Again, I offer that engagement—if the hon. Member for Tunbridge Wells would like to get involved and ensure that his points are made as the strategy is built, he can affect the output as required.

The Government believe that a dedicated focus on the Defence Housing Service and family accommodation is the best way to achieve the step change needed for defence, specifically on family homes. We will continue simultaneously to drive up the standard of single living accommodation, and further detail will be set out in the next steps following the ongoing SLA review. If it is any consolation, I lived in single living accommodation for a large chunk of my life and have seen the good, the bad and the ugly, so I will personally be behind that work to ensure we get the best standards.

New clause 1 is designed to include single living accommodation within section 101 of the Renters’ Rights Act. It would require the Ministry of Defence to report annually to Parliament on the extent to which such accommodation meets the decent homes standard. As someone who has lived in single living accommodation for a huge chunk of my life, I appreciate the sentiment behind the new clause, but the Government do not believe it is the right way to drive up standards in single living accommodation.

As Members may recall, this matter was debated during the passage of the Renters’ Rights Act, and Ministers at the Ministry of Housing, Communities and Local Government set out why the decent homes standard cannot sensibly be applied to single living accommodation. Such accommodation exists to support operational readiness and cannot be treated in the same way as social housing or other forms of civilian housing.

Single living accommodation spans a huge range of types, many with shared facilities, and therefore, by definition, some parts of the decent homes standard would be difficult to meet. For example, the standard requires each unit to have adequate kitchen facilities, but single living accommodation units do not necessarily all have their own kitchens, because full professional subsidised catering is provided on defence bases or sites. For that very reason, civilian housing with shared facilities, such as purpose-built student accommodation, is typically not covered by the 2006 decent homes standard.

--- Later in debate ---

Division 5

Question accordingly negatived.

Ayes: 4

Noes: 6

Mark Francois Portrait Mr Francois
- Hansard - -

I beg to move amendment 16, in clause 3, page 9, line 27, at end insert—

“(4) The Chief Executive of the Defence Housing Service must report directly to the Minister of State for the Armed Forces regarding the performance of the Defence Housing Service.”

This amendment requires the Chief Executive of the Defence Housing Service to report directly to the Minister of State for the Armed Forces regarding the performance of the Defence Housing Service.

The amendment relates to the reporting chain of the proposed new Defence Housing Service. In essence, it means that once the Defence Housing Service is established, it should report directly to the Minister for the Armed Forces regarding the performance of that service.

The genesis of the amendment is that when we were taking further evidence on the proposals for the DHS a little over a week ago, there appeared to be some ambiguity about how exactly it will report to Ministers. As I recall, we were told that it will have a partial reporting line, or the equivalent, into DIO headquarters—to keep it in the loop, I think—but that it will also report to Ministers via the National Armaments Director. At first hearing, that is somewhat surprising.

As a person who is primarily appointed to sort out the procurement challenges facing the Ministry of Defence, of which we all know there are many and about which I have railed for years, not least on the Defence Committee—it is all on the record—the NAD is not the most obvious choice to oversee an organisation designed to provide high-quality housing for service personnel and their families. It seems odd. In short, the NAD will have enough problems sorting out issues like Ajax— I refer the Minister to the answer I gave some moments ago about Ajax—and the propulsion systems of the Type 45 destroyer and so on, without having to worry about the challenges of defence housing as well.

The new system in the MOD is part of what one might call the quadripartite arrangement in the post-Levene model of defence reform, and by that I mean the process not the party—in passing, of course, Reform Members are not on this Committee, but they hardly ever turn up during defence debates in the Commons anyway, so it is not much of a loss. We now have effectively four main pillars within the Ministry below ministerial level. We have the permanent secretary, with responsibility for MOD centre and administrative matters; the Chief of the Defence Staff, unsurprisingly responsible for specifically military matters; the National Armaments Director for matters relating to procurement and—dare I mention it—the defence equipment plan, which is part of the defence investment plan; and, lastly, the Chief of Defence Nuclear, for all aspects of the nuclear deterrent and the associated shore-based infrastructure, which is now, as the Minister will know, a very challenging area for the Department.

--- Later in debate ---
Mike Martin Portrait Mike Martin
- Hansard - - - Excerpts

The right hon. Gentleman is making a very good speech. Does he think that the metrics by which that bonus is judged should be made public?

Mark Francois Portrait Mr Francois
- Hansard - -

I thank the hon. Gentleman for his kind comment—every dog has its day. Yes, I think it should, and that is partly the purpose for tabling the amendment.

For the avoidance of doubt, I accept in principle that, given the very large amounts of money we spend on equipment procurement—potentially more than £0.25 trillion over the next decade—paying someone quite a lot of money to get it to work is inherently not an unreasonable thing to do. Nevertheless, the appointment did raise eyebrows across the civil service.

To be fair, as I understand it, the chief executive of BAE Systems earns about £10 million a year—although if we look at what he has done to its share price, a shareholder might argue that it is a pretty good investment. Charles Woodburn is widely regarded in the industry as knowing what he is about, and is a highly professional leader of that company.

None the less, I have sympathy with the question posed by the hon. Member for Tunbridge Wells. If this is part of the bonus arrangements, what are the metrics? If he were to get a bonus for the performance of Defence Housing Service, how do we know how much he will get? And how would we judge whether it is value for money, not just for the taxpayer but for the rent payers—the customers—of the Defence Housing Service? I hope the Committee will understand there is a genuine point at issue here.

We would be very interested to know what element, if any, of the NAD’s salary, and specifically the bonus payment, is related to the performance of the Defence Housing Service. By the same token—I hope the hon. Member for Tunbridge Wells is with me here—if the Defence Housing Service were to underperform, what would happen to the NAD’s base salary? Would it be docked? It is a really serious question.

To summarise, could the Minister explain why the Department decided to manage it in this way? There must be a rationale, and the Committee would like to know what it is. Could he also explain how these bonus arrangements will work and how transparent all of it will be?

David Reed Portrait David Reed
- Hansard - - - Excerpts

My right hon. Friend has just laid out a very strong case for why amendment 16 needs to be incorporated into the Bill, and I hope the Minister has taken those points on board—I look forward to hearing his wind-up. This is a straightforward but important amendment that seeks to bring clarity, accountability and proper ministerial oversight to the way in which the Defence Housing Service reports on its performance.

At present, the reporting structure is, frankly, overly complex. Responsibility is diffused across multiple layers, making it difficult to establish who is ultimately answerable when and if standards fall short. That lack of clarity does not serve service personnel or their families, who depend on the system working effectively. We know from our visits and from Members’ own experience that there is an overly complex and convoluted reporting chain where nothing really gets sorted and things are passed up but never actually worked on. We now have the opportunity to improve that structure.

I do not think the current structure assists the House in carrying out its proper scrutiny of how public money is spent and how vital services are delivered. The amendment would put that right by establishing a clear and direct line of accountability, and it would require the chief executive of the Defence Housing Service to report directly to the Minister for the Armed Forces.

Going back to the point that my right hon. Friend just raised, incorporating the National Armaments Director and having that person accountable in this long chain does not breed the view that Parliament needs to be able to scrutinise what is going on. Given how much the Minister cares about this, and the fact that he is an elected representative, I know he would want to have that view unfiltered from the Defence Housing Service itself.

This is a sensible and proportionate step that ensures that responsibility sits at the appropriate level and that there is a named Minister who can be held to account by this House. More importantly, the public will ultimately hold the Minister to account anyway. If I were in his shoes, I would want that unfiltered view coming straight up to me. If we are talking about performance bonuses—and I have no reason to believe that that is the case with the National Armaments Director, but if it were to be the case—I would not want anything to be tarnished or moved around that was linked to performance bonuses. I would not want there to be any incentives like that.

There is also a practical benefit. A direct reporting relationship will help to ensure that the issues are escalated more quickly, decisions are taken more efficiently and there is greater transparency around performance, which is something we all want to see. It should also lead to better oversight, sharper focus on delivery and, ultimately, improved outcomes for those living in service accommodation.

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I turn to amendment 16, tabled by the retired hon. Member for Rayleigh and Wickford—

Mark Francois Portrait Mr Francois
- Hansard - -

Retired?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Sorry, the right hon. Member. I do apologise; there is no requirement to retire yet.

Mark Francois Portrait Mr Francois
- Hansard - -

One day, obviously, but not quite yet.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

The right hon. Member still has a lot of energy in him.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Amendment 16 would require that the chief executive of the Defence Housing Service reports directly to the Minister for the Armed Forces, which is my current role. In the way it is written, it would confuse accountability in the Defence Housing Service, undermine the role of the board in particular, including the role of the family representatives, and risk duplicating lines of ministerial accountability that are already set out in the Bill.

From my perspective, when we have an issue, in defence or in any organisation, it is down to either a lack of understanding, command or control or a lack of accountability. I want to ensure, and reassure, that when the board reports on the Defence Housing Service and its deliverables, it is unfiltered and untainted as it hits ministerial offices. The governance of the Defence Housing Service has been carefully set out to provide the right balance between independence, accountability and ministerial oversight.

For the organisation to deliver its objectives, it must operate alongside strategic oversight by the Department, including accountability to Ministers and Parliament as a whole. Under established arrangements for arm’s length bodies, arrangements that operate across Government, responsibility for overseeing performance sits with the body’s board, with the chair acting as the principal interface with Ministers. It is critical that the chair is the principal interface with Ministers, reducing the ability of anyone to filter or taint any reports as they come up and through.

The Defence Housing Service will remain accountable to Ministers through that board and via departmental sponsorship and arrangements, alongside increased reporting to Parliament on its performance, as set out in the Bill. The DHS will continue to work closely with departmental teams, which will be covered in the MOD framework document in the usual way. It will be operationally independent, within the scope of the framework document and the legal powers in the Bill.

Critically, for its day-to-day activities, the organisation will be accountable to an expert, independent board, which will be appointed by the Secretary of State. The board will include a family representative, alongside the service family involvement in the wider governance, to ensure that the Defence Housing Service is held to account by not only those with appropriate expertise but the families that it has been set up to serve. Given its importance, it is right that ministerial reporting be held at Secretary of State level, rather than with the Minister for the Armed Forces. I was responsible for the delivery of the strategy, but housing is not necessarily within my portfolio.

Given the clear and comprehensive arrangements I have outlined, the amendment is unnecessary and I urge the right hon. Member to withdraw it.

Mark Francois Portrait Mr Francois
- Hansard - -

Mr Offord, I was—

None Portrait The Chair
- Hansard -

It is Mr Efford.

Mark Francois Portrait Mr Francois
- Hansard - -

I am so sorry; I have done it again. Mr Efford, I was not planning to press the amendment to a Division, but now I will—before I “retire”.

Question put, That the amendment be made.

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Clause 3, together with schedule 1, creates the Defence Housing Service, a new public body dedicated to improving the supply and quality of defence housing and spearheading the regeneration of defence communities. Our Defence Housing Service sets out a vision for the future transformation of military homes, 90% of which will be upgraded, renewed or rebuilt through a record £9 billion investment over a decade. The Defence Housing Service is the vehicle to drive that transformation.

The clause confers on the Defence Housing Service the functions of

“improving the supply and quality of defence housing,”

the management, regeneration or development of land used for defence purposes and

“supporting in other ways—

(i) the creation, regeneration or development of service communities, and

(ii) the continued wellbeing of those communities.”

To fulfil those functions, the Defence Housing Service will be empowered to generate income from property and to manage land on behalf of the Secretary of State and others. It may enter into contracts, buy and sell property, borrow money with Treasury approval, provide financial assistance and form partnerships or joint ventures. It will also have compulsory purchase powers to acquire land for any purpose connected with its functions. The Defence Housing Service will be accountable to Ministers. It must have regard to guidance issued by the Secretary of State and comply with the terms of the framework agreement entered into with the Secretary of State.

Forces families have previously been let down by homes that are not fit for purpose; we are determined and focused on delivering that. A new set of military housing standards that are fit for service family life will be established, including the decent homes standard, which the Defence Housing Service will be required to meet, under the terms of the framework agreement. The Defence Housing Service will lead the renewal and development of military homes across the United Kingdom, while unlocking the potential to deliver 100,000 homes of all types on developed MOD land.

Mark Francois Portrait Mr Francois
- Hansard - -

I note that the Minister never answered my previous inquiry about the bonus arrangements for the NAD. He is speaking to the clause standing part of the Bill, so perhaps he can tell me now—though he may need to seek inspiration. What are the bonus arrangements for the NAD relating to the DHS? What metrics will be applied?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

The board of the Defence Housing Service will be accountable to the Secretary of State. I will not go into the detail of the NAD’s bonuses and how they are credited in the Bill, because they are not related.

That renewal will not only benefit the country as a whole in delivering against wider Government housing and economic growth targets but follow a “forces first” principle, prioritising current and former military personnel wherever possible. The Defence Housing Service will transform military housing, improve quality of life for service families and ensure that Defence housing is finally properly managed in a professional and efficient manner.

--- Later in debate ---
Mark Francois Portrait Mr Francois
- Hansard - -

The essence of new clause 7 is that the Government should prepare a feasibility study of the relative merits of introducing a forces housing association, as recommended in the “Stick or Twist?” report, versus continuing with the Defence Housing Service. I apologise to you, Mr Efford, and to members of the Committee: as the new clause relates specifically to that document, I should as a courtesy have sent a copy—or at least a link—to all members of the Committee before this sitting. No disrespect was intended, but perhaps I can atone for that by leaving a copy with the Clerk. If anybody wants to refer to it afterwards, they can go to him.

I will explain the background to the report and why I believe its recommendations are powerful. After I left government in 2016, when Theresa May became the new Prime Minister and I somehow did not end up in her Administration, I was commissioned by her as a former Minister—the Minister here today may one day, after he has retired, be commissioned to do something similar—to write a report about military recruitment. It was called “Filling the Ranks” and it took about a year to write; I submitted it in 2017. It covered a range of stuff, including trying to see past very minor medical ailments that were preventing people who desperately wanted to join the forces from doing so. All of the recommendations, bar one, were adopted by the Department and I think they have been worked on over the years, some of them more speedily than others.

For the record, the recommendation the Department did not adopt was that I pleaded with it to sack Capita— I nearly called it something else—as the contractor in charge of recruitment. I said in 2017, “Give them a year to fix it and if they don’t, they should go.” Capita did not fix it, and it stayed on. I understand that it was unsuccessful in bidding for the new trial service contract, so maybe it got its come-uppance after all.

Some people thought that “Filling the Ranks” was not completely useless, so I was subsequently commissioned to do a report on retention. The reason for that was partly that as soon as we started talking about recruitment, we ended up having a discussion about retention within 15 minutes anyway. As I am sure the Minister, with his experience, will know, there is no point widening the aperture of the recruitment tap, as it were, unless you can put a retention plug in the sink. If they are leaving faster than they are joining, we have a real problem.

I had a very good team for the retention report. I place on record my thanks to Brigadier Simon Goldstein, a distinguished reservist who retired from the Army after many years as a brigadier, including in one or two regiments the Minister will be familiar with, and my then researcher, an extremely bright chap called Rory Boden who has now gone to the dark side and works in public affairs. The three of us, I hope, put together a credible document. We called it “Stick or Twist?” because that encapsulates the dilemma that service personnel often face at a particular junction in their career. Do they stick with their military service, or twist and go and do something else?

We submitted that report in February 2020. It was commissioned by Theresa May, but by then Boris Johnson was the Prime Minister. We submitted it a month before the country went into lockdown, so it was written in a pre-covid context. The methodology was to make about a dozen visits to military establishments around the country, including Portsmouth for the Royal Navy, Catterick garrison for the Army and Brize Norton for the Royal Air Force. While we were there, we conducted a series of panels—I suppose one might call them focus groups—with warrant officers, senior non-commissioned officers, junior ranks and partners thereof. We tried to get four different perspectives on the challenges facing retention in the armed forces. It was very interesting to see how different ranks sometimes saw issues differently.

One quote struck us so much that we stuck it on the cover. This was under a Conservative Government—I have been called many things down the years, but never a toady. The quote relates to accommodation and came from an interview at Brize Norton with a Royal Air Force corporal:

“We had an Air Vice Marshal visit us a few months ago to give us all a pep talk about how what we were doing was extremely important to Defence and how the nation greatly valued our contribution to National Security. While I was standing at the back, I couldn’t help thinking, well Sir, if that’s true, why are my kids showering in cold water—yet again?”

We put that on the front page of the report—on its face, as it were—because we thought it encapsulated the problem. I encourage hon. Members at least to have a glance at the report if they have a spare minute, but I realise they all live very busy lives.

One thing that came out of the report was that when people leave the armed forces—when they decide to twist—it is often for a combination of reasons. We gave the example of an Army corporal having a kitchen table conversation with his wife when their kids have gone to bed. He has been offered promotion, and he says, “Should I stick or twist?” They go through factor by factor: his likelihood for promotion, her likelihood of promotion in a civilian career, the education of their children—in this scenario, they have an education, health and care plan, so if they move, they might lose that—care for an elderly relative and availability of medical support. In the end, they come to an amalgamated decision about whether to carry on. We learned from the focus groups that this sort of stuff goes on all the time. We were trying to reflect what the Minister would call ground truth.

Sometimes there was just one thing—the straw that breaks the camel’s back. In some cases, it was that the partner in the services had been away on an unaccompanied tour and there had been failures with housing provision, and that did it. To give a completely contrary example, a captain in an armoured unit down on Salisbury plain said that he left because he had been looking forward for months to being the best man at his old university friend’s wedding, but he was picked up on a trawl and told that he had to be a watchkeeper in the British Army Training Unit Suffield. He pleaded with his CO. He wrote a letter to the brigadier, but the brigadier was unsympathetic. The captain missed his best mate’s wedding. He said, “I was sat there with a laptop at 2 o’clock in the morning in the middle of BATUS”—this was some years ago, remember—“reading a cheap novel, when I could have been at my friend’s wedding.” So he came back from Canada and told the Army to stuff it. To my mind, such brainless decisions can bring very promising military careers to an end.

When my team and I looked at the housing issue, I looked at the history of the Defence Infrastructure Organisation, which at that time, it has to be said, was not coming in for a lot of praise. In fairness to the DIO—I want to put this on record—it was created in 2010 in something of a shotgun marriage between up to 24 different entities. The old Defence Estates and lots of attachments and detachments, to use military language, were thrown together to create the DIO.

In 2012, when I came in and asked to visit the DIO’s headquarters, I was asked, “Which one do you want to visit, Minister?” I said, “What do you mean? There can be only one.” “No, sir. There are six.” We eventually decided that the principal headquarters was in Sutton Coldfield, but that gives some idea of how long it took that organisation to settle down. It was not given an abundance of resources with which to complete its task. In fairness to the DIO, which has come in for a lot of stick down the years, not least from me, it was set up in challenging circumstances and has had a difficult job to do for many years. If anyone from the DIO is listening, I hope they can appreciate the spirit of what I am trying to say.

We found very clear themes from the focus groups. The partners definitely wanted the patch managers back—I have gone on about it because that is what they kept telling us everywhere we went. Some of the junior ranks in single living accommodation wanted to have slightly better conditions, but some of them at least accepted that, while their conditions may not have been great, they paid virtually no rent for them. Bluntly, at the age of 19, they were slightly more concerned about having a bit of spare cash for Friday and Saturday night than they were about their rent, but that does not mean they do not deserve to live in good accommodation. So we got a variety of feedback.

Based on the DIO at the time, we came up with an alternative solution that we called a forces housing association. The rationale for it was to create a specific bespoke entity with the sole purpose—as established in its articles of association—to provide high-quality housing for armed forces personnel and their families while providing value for money, both for those families and for the taxpayer. The Minister will know that such an entity could be a retention aid because people often pay well below the market rate for a property that would cost them a lot more to rent in the civilian world. In some cases, service personnel value that, and in some cases it is one of the reasons they stick rather than twist, so it can work two ways.

The idea is to create a bespoke housing association, chaired by a Minister and bringing in external expertise from the social rented sector.

Paul Foster Portrait Mr Paul Foster (South Ribble) (Lab)
- Hansard - - - Excerpts

Will the right hon. Member give way?

Mark Francois Portrait Mr Francois
- Hansard - -

I will finish this point, then of course I will give way. Some housing associations have been looking after public sector housing, which is effectively what forces housing is, for decades. In my experience as a constituency MP, such housing associations vary in quality. There are some poor ones and some very good ones. The main one operating in my constituency is Sanctuary. A few years ago it was pretty poor but it is now under new leadership, with a very good chief executive called Craig Moule. Five years ago he told me that he was going to turn around the supertanker; she is still turning, but she is now pretty much going in the opposite direction, so I have seen what good looks like.

The idea was to bring in the expertise of people who had been managing public sector housing for decades, get a chief executive from that background and then create a board chaired by a Minister, so that Ministers would have real accountability, with representatives from forces families associations sitting as non-executive directors on the board, thus ensuring direct involvement from the customers themselves.

There is more I could say on that, but I do not want to try the patience of the Committee. That was the rationale: bringing in external housing sector professionals and getting them to run a ringfenced entity. That is what we were advocating for in “Stick or Twist?” and it was the genesis of the policy we announced several months ago, I am pleased to say. Having given the context, and having hopefully told the Committee where my heart lies on this matter, I will gladly give way to the hon. Member for South Ribble.

Paul Foster Portrait Mr Foster
- Hansard - - - Excerpts

The independent defence housing strategy team looked at the issue of a defence housing association, and said that

“transfer outside the public sector to a housing association or other private sector structure is not appropriate. It would be most likely to set back the renewal of the estate, increase costs of delivery and hamper operational effectiveness of the Armed Forces.”

Was the right hon. Member aware of that?

Mark Francois Portrait Mr Francois
- Hansard - -

Yes, and in the immortal words of Mandy Rice-Davies, they would say that, wouldn’t they? We were proposing a slightly more market-oriented solution. Registered social landlords are somewhere between the public and private sector. They are not entirely private entities or entities of the state, but are, practically, somewhere in the middle. As I have already said from experience, they vary in quality, but to be fair, I have seen what good looks like. I appreciate the knowledge of the hon. Gentleman. He has a proud background of service in the Royal Engineers. He qualified as a clerk of works, which is no mean feat, so I appreciate that he knows his onions. None the less, the point he puts across came from the other side of the fence—no pun intended. Of course they would argue that.

The purpose of tabling new clause 7 was so we could debate the relative merits of the two systems. If we think of this as a spectrum, the old DIO was at the most statist end, the Defence Housing Service as proposed is one notch further along to something more market-oriented, and we are proposing something another notch further along the spectrum. The Minister is listening intently; hopefully he understands the analogy.

As I said at the beginning, I do not believe there is any violent disagreement, or indeed any disagreement at all, about what the Committee is trying to achieve. We all want service family accommodation of the best possible quality for our personnel and their families; the debate is about how we best get to that objective. We were asking the Government to conduct a feasibility study, perhaps slightly more independently than the response that the hon. Member for South Ribble just cited, and to come back a year later, before the Defence Housing Service is fully up and running, to see whether there might be a better way of doing it or whether it could be tweaked. We might return to this on Report, but that is the background, the genesis and the stimuli of our proposal.

When we did the visits—it was a former Minister, a politician in a suit, coming down to a military establishment—we sat 20 people down in a room and gave them the scenario of the corporal’s conversation at the kitchen table as a bit of an icebreaker. To begin with, everyone looked at everyone else, and they were all a bit nervous about saying something. One person then said something, and the dam broke: everybody wanted to pitch in, and everybody had a contribution to make. That taught me how powerful all of this is. We had a number of specific examples when people of varying ranks told us, “We are going to leave the service of the Crown, because of our concerns about housing.”

I know from experience that this really matters to service personnel and their families. I apologise for trying the patience of the Committee this morning, Mr Efford—in all seriousness, you have everything in Greenwich, including your own barracks, so you will be very familiar with these matters yourself. I hope Members understand the spirit of what we are trying to do with new clause 7.

On clause 3, I think we have had a good debate this morning, and we have tested some of the issues fairly well. I hope we have done our duty, and no doubt we will wish to return to some of these issues on Report, not least the prospective bonus for the National Armaments Director. I will conclude there, and I am genuinely interested to hear the Minister’s reply and the opinions of any other members of the Committee.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

New clause 7 would require there to be a feasibility study when establishing a forces housing association, but before I go into the detail, I will reflect on some of the comments made by the right hon. Member.

Recruitment and retention are intrinsically linked, as both the Government and the Opposition acknowledge. We have introduced lots of changes in recruitment and retention over the last year and a half, but there is much more to do. While it differs across the services, overall we are seeing a 13% uptick in recruitment and an 8% reduction in outflow, which is the first time we have seen a change in direction for 14 years. There is much more to do, but we are heading in the right direction.

One of the reasons we are heading in the right direction is because I genuinely believe that our armed forces personnel can see that we are doing the right thing, particularly with accommodation. The right to a family life is one of the critical components of anyone serving, and that looks like safe, secure, warm and dry accommodation, whether single living or family accommodation. To give a small example, I went through marine training in 1999, and the accommodation in which I was housed was still in place in 2024, when I came back to be the unit’s commanding officer. In 1999 it was terrible, and in 2024 it was unworkable. We need to get after those accommodation issues and put them right. I am absolutely confident in the Defence Housing Service, and the strategy review comprehensively looked at single living accommodation and family accommodation, and we are putting them on the right track to deliver significant change.

It is not lost on me that the drafting system in the military can put an undue amount of pressure on individuals; I have been on a satellite phone to my children on their birthdays in the middle of all sorts of carnage, with helicopters burning and turning in the background, or with incoming rounds in Afghanistan. It puts exceptional pressure on families, so the ability to return to a safe and secure place is the least that we can provide.

The independent strategy produced prior to the establishment of the Defence Housing Service was exactly that: it was independent, and it took a huge amount of advice from a variety of people. Most importantly, the families federations fed into that process and ensured that their voices were heard. The quote highlighted by my hon. Friend the Member for South Ribble was only reinforced by the oral evidence given by Natalie Elphicke Ross OBE, when discussing the strategy review in response to the hon. Member for Solihull West and Shirley. The view was firmly held throughout the entire review that the housing association model was not the right approach, and it was not included in its recommendations.

It is worth noting that, while there were a plethora of strategic issues during covid, the previous Conservative Government did not adopt the totality of the “Stick or Twist?” report produced by the right hon. Member for Rayleigh and Wickford, although it contained valuable points. A housing association model would jeopardise the close working with the military that is essential to ensuring appropriate operational capability. It would also put at risk the Crown basis on which personnel occupy their homes. Crown immunities allow the Ministry of Defence to move personnel at pace, without some of the regulatory constraint that we would have otherwise, which is vital for operational effectiveness. We must also bear in mind that we have more throughput in the armed forces than probably any other organisation or housing association in the country.

Mark Francois Portrait Mr Francois
- Hansard - -

For the record, that was the one recommendation in the “Stick or Twist?” report that was not adopted. All the other recommendations were adopted, including spending a lot of money on wraparound childcare because, again, childcare was a very important point for retention. Ben Wallace told me that he used the report to get quite a bit of cash out of the Treasury, so that recommendation about childcare was one that we did manage to get through. For the record, this was the one recommendation that was too much for the system to bear.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Perhaps that is why we are not taking it forward now.

Furthermore, the Ministry of Defence heavily subsidises rents. There have been suggestions that the Defence Housing Service could borrow private finance off the balance sheet if it was a housing association rather than a public body. However, expert advice from the Treasury, the Cabinet Office and others confirms that is not the case. The exclusivity of the defence housing purpose and the scale of MOD payments mean that such financial arrangements are not feasible.

Equally important, and close to my heart, is the welfare of service personnel and their families. Evidence presented to the defence housing strategy review team revealed that local commands exercised significant discretion to support personnel in a plethora of difficult circumstances, such as bereavement. That welfare-based discretion is a cornerstone of armed forces culture, and moving housing management to a third-party provider could put it at risk, undermining this vital welfare function. Finally, the planned housing renewal programme demands very close working relationships with military commands to ensure that it supports operational effectiveness rather than undermining it. Such close collaboration is not realistically achievable through a private or third sector body.

Armed Forces Bill (Second sitting)

Mark Francois Excerpts
During the transition from service to being a veteran, even if everything is marvellous, you will suffer a lack of comradeship. You have extremely tight bonds in the military—the team wins the war, because you will do anything for your comrades—but when you come to civilian life, as the Minister has done more recently than I have, you lose those tight bonds and that sense of belonging. That opens you up to other traumas that perhaps you were managing when you were there with your mates, whether that was moral injury or classic, trauma-induced PTSD. You become a veteran, because you choose to leave the service or your contract comes to an end, and that sense of belonging, which is like a salve, disappears and you are exposed to the traumas you have had.
Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- Hansard - -

I am loath to interrupt the hon. Gentleman, because he is making an extremely powerful speech. I pay tribute to his service. When I was the Veterans Minister a decade ago, I looked at the issue. One thing that we looked at closely was the point that the hon. Gentleman is making, which is that some veterans leave in very good mental shape—they have an exit medical and they are fine—but a few years later there can be a trigger event, such as the sudden death of a parent, and suddenly all the suppressed anxieties and difficulties seen in combat can come out very quickly. That person can deteriorate extremely fast. Is the hon. Gentleman’s proposed appointment partly intended to address that problem?

Mike Martin Portrait Mike Martin
- Hansard - - - Excerpts

The shadow Minister is exactly right. We have used a few metaphors today, including that of mental health as a journey. Another metaphor is that mental health is a garden that has to be tended. Each of us has a responsibility to introspect and check in with ourselves to see how we are doing, but the garden also needs to be tended by gardeners. The oversight position in new clause 2 is the chief gardener, if you like.

We have all heard stories in our constituency casework about how mental health services are being pared to the bone. By offering reports to Parliament, the veterans’ mental health oversight officer would be able to illustrate some of the particular problems that veterans who suffer with mental health problems have. They would report to Parliament and illustrate the problems in a way that would enable Parliament to adequately oversee the issue and make sure that our veterans are cared for.

--- Later in debate ---
Al Carns Portrait Al Carns
- Hansard - - - Excerpts

I thank hon. Members for their contributions on clause 2 and the new clauses. They are based on the right intent, and Members are trying to do the best by our serving and ex-serving population.

I will leave the script and step back to look at where we have come on this journey. Under the previous Government, the Office for Veterans’ Affairs sat outside the Ministry of Defence. I sort of understand why that happened in some cases. I analysed this to and fro for a long time before making the decision to bring it back in. With hindsight, after a year and a half, the ability to amalgamate all the different parts of the veterans portfolio, including pensions, injury claims, records and the resource that Defence brings, has brought us far further forward. Would that have happened if the OVA had not been outside in the first place? I cannot comment, but its position in Defence, where it is safeguarded as an organisation, means that it harnesses all the bureaucratic power that Defence can bring to move stuff forward.

I will come in a second to the issues of veterans’ mental health and having a veterans commissioner. But if we step back and look at Afghanistan—where some Committee members here served; I did five tours there—there was a palpable feel among the population that the Government were not doing enough, or that the system was not flat and fast enough to deal with the scale of the problem that Afghanistan was kicking out on rotations. We therefore saw an explosion in the number of veterans charities, and the reality is that we now have more than 1,000 veterans charities in the UK. That number is growing every day. Some are the best, most well-meaning people, doing an amazing job and dealing flat and fast with veterans in our communities at the grassroots level. They do an outstanding job, and we have to harness the best charities. Some big charities, too, do a fantastic job of analysing data and providing the Government with clear advice on how to support veterans. There is also everything in between. I will be clear: there are the most amazing charities, very good charities, average charities and a very small minority that do not deliver as efficiently as perhaps they should.

In the veterans portfolio, how do we help the charities cohere their capacity, the £1 billion market that is the veterans charity sector, to deliver it more effectively? And how do we do that in conjunction with local government, while understanding the good, the bad and the other group that sits to the right of that mark? That will stem from Valour. It has taken small steps, but it is moving forward relatively quickly. The first one was about the establishment of an OC—officer commanding—Valour, the head of Valour. Who will run this programme, which is not just about England, but about England, Scotland, Wales and Northern Ireland?

The reason why we need one central point of contact is that we have devolved Administrations that do things differently. We have a plethora of datasets that sit within big charitable organisations, sometimes feeding the output of the charities and at other times providing us with good, balanced analysis. The trouble is that we do not have a collective dataset to give us a clear understanding of the various issues across our veterans space. In fact, the RBL did a fantastic study on perception versus reality, on the statistics and the view of the population versus the actual realities for veterans at the grassroots level. It pointed to one thing: with so many charities needing to generate and raise funds, in some cases they had to champion the requirement for money to go to the most needy or individuals in most need of support.

When we look at the realities, most veterans leave the military and do not have an issue. A proportion have medium-level needs, and a proportion have some really acute needs. The reality and the perception, however, are different. Some of that is skewed, because we have created a charitable sector network that must generate an income from championing or sometimes pushing the most injured and the individuals who need the most support to the very front of the limelight. That creates a national narrative that turns veterans into victims, and I tell the Committee now that it is 110% not the case. Some individuals need lots of support, some need some support and other people go on to contribute to society with no impact whatever.

Mark Francois Portrait Mr Francois
- Hansard - -

To reinforce what the Minister is saying, Lieutenant General Sir Andrew Gregory, who for many years was the controller of SSAFA, always used to make the point that while clearly some people suffer as a result of their military career, as the Minister admits, the vast bulk emerge in good shape, remain in good shape and benefit immensely from their time in service. I put on record what Lieutenant General Gregory, the head of SSAFA until recently, said, if only to back up absolutely everything the Minister is saying.

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Sir Andrew is an exceptionally good man, and few are more knowledgeable than him on veterans matters. We have a position where, in some cases, veterans are seen as victims, but we have no central body that understands the totality of veterans issues across the United Kingdom. Head Valour is therefore coming into place in the next month or two, with a new headquarters. What does a headquarters mean? It means pulling in all the data sources to provide us with a comprehensive view of the issues that veterans face in this country—a balanced, analytical view, not one that is sometimes skewed by institutional organisations or other bodies. That is not because it is in their interests to do so, but it might be a passion project. It is about providing a balanced, analytical view, which must be data-led and have the horsepower to do that across all the devolved nations.

There is, of course, no point pooling data feeds if they come in all sorts of different forms. That brings in the Valour centres. The hon. Member for Tunbridge Wells talked about camaraderie. One of the issues at the moment is that when a veteran has a mental health issue, they have to go to eight different charities before they land on the right one. They usually start with family or a friend, and they will then go from one charity to another, having to bounce around, retelling the story, reliving the trauma. Sometimes, by the time they get three or four down the line, they give up. That is where we have some pretty catastrophic consequences.

The Valour centres are about taking some of the existing centres—we have more than 700, and growing, across the country—finding the very best ones, providing them with long-term Government funding, and standardising the services and engagement. We will ensure that they understand their local networks of the good, the bad and the ugly charities, and can then distribute resources down to them, to provide a set of standard-ish services as best we can—that goes back to the postcode issue. Secondly, we will ensure that the data flows back up to the headquarters in a manner that can be digested and analysed in the most effective way. On top of the Valour centres, field officers in local councils will help to control the centres, as well as to hold councils to account should they not fall in line with the covenant and some of the principles we have talked about today. We are in the foothills; in the future, we should have a far better, greater dataset for us collectively to analyse.

I do not believe that putting one individual in charge of veterans’ mental health would provide us with the systemic jump to deal effectively with that issue. Courage is a programme from the previous Government. We have taken it on and kept it going, because it is working well. For everything we have talked about today—mental health, housing, education, and special educational needs and disabilities—we need the data flowing in, proper analysis and then proper, comprehensive solutions flowing back down. That is one of the reasons why I cannot support new clause 2.

When I was Minister for Veterans and People and dealt with the veterans commissioners, I did not really know whether they were in the right place, in the wrong place or doing the right things. They were brought in from a devolved Government perspective to ensure that we could continue to check and balance the devolved Governments in line with central Westminster policy. Interestingly, 85% of all veterans, which equates to about 1.7 million people, live in England—a veterans commissioner for England would be a huge role.

I have been clear, I think on the record, that once Valour is up and running and we establish the framework for how the hubs will work, we then need to deal with whether we need a veterans commissioner for England. I would suggest that it may be positive, depending on the veterans architecture out there. Why do I say that? At the moment, we have armed forces champions, at different levels and with different terms of reference—some part time, some full time, some employed by councils and some not—and we have Valour field officers going into councils. We have veterans commissioners in the devolved Governments, and then we have the head of Valour, who will have a whole set of data, with the Valour centre network sitting below them. Throwing a commissioner on top of that, at the same time, would perhaps dilute the hierarchy and centralised control. I absolutely understand the utility of having a fourth commissioner in place over time and, although I have to oppose new clause 6, I would like to take on this discussion. I have a feeling that, in the next 24 months or so, we will be moving in the right direction with regard to the measure.

Mark Francois Portrait Mr Francois
- Hansard - -

The Minister has made a strong argument. I place on the record my admiration for the three veterans commissioners for Scotland, Wales and Northern Ireland, all of whom are excellent at what they do. I seem to recall—I do not have the Hansard here—that when we were debating the Armed Forces Commissioner Act 2025, I asked the Minister when we would get an English veterans commissioner, and he was pretty clear that we would get one. The Minister today has intimated that we will probably still get one, so he is being consistent, but can he give us some idea of the timing?

Al Carns Portrait Al Carns
- Hansard - - - Excerpts

Once we analyse the tapestry of veterans support, I would like to come to a solution on the English veterans commissioner to align with and amplify what we do on Valour. I think that Valour will take 36 months to be properly embedded in our local councils, with the structures and data network in place. It has taken us longer than I expected to get the Valour OC in place, but perhaps that is one for the bar downstairs.

Defence

Mark Francois Excerpts
Tuesday 24th March 2026

(2 months, 2 weeks ago)

Commons Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- View Speech - Hansard - -

When I spoke from this Dispatch Box barely a month ago, I had literally just returned, hot foot, from Ukraine. Those who were here that evening might recall that I conveyed to the House a personal warning from the Speaker of the Rada, the Ukrainian Parliament:

“No one knows the Russians better than us. If we fall, you and your friends are next.” —[Official Report, 25 February 2026; Vol. 781, c. 423.]

Not only is that war in Ukraine sadly ongoing—and has been for 12 years, not four years—we now face a very challenging situation because of the two concurrent conflicts in the middle east and Ukraine. Yet again, as we debate defence in this House, the plastic patriots of Reform are absolutely nowhere to be seen.

Tonight’s debate is all the more pressing given the Government’s fundamental failure to display the requisite sense of urgency that is now clearly required. As an example, the Government’s much-vaunted strategic defence review, published last July, states on page 43:

“This Review charts a new era for Defence, restoring the UK’s ability to deter, fight, and win—with allies—against states with advanced military forces by 2035.”

That is nine years from now. Our Chief of the General Staff is on record as saying that he believes we might have to fight Russia by 2027 and the First Sea Lord estimates only a couple of years after that, yet it is the official policy of His Majesty’s Government that we will be prepared to fight a peer enemy almost a decade from now. That has terrible echoes of the so-called 10-year rule of the 1920s, and we all know what happened after that.

The all-party, Labour-led House of Commons Defence Committee, with its excellent Chair the hon. Member for Slough (Mr Dhesi), recently accused the Government of proceeding “at a glacial pace” in improving Britain’s war preparedness. As my hon. Friend the Member for Spelthorne (Lincoln Jopp) reminded us, on 10 March, after a classified briefing, the Committee issued a joint statement and urged hitting 3% on defence spending in this Parliament. That is already Conservative party policy. The matter cropped up yet again at the Liaison Committee yesterday, when the Prime Minister was clearly floundering about the ability of his Government to respond to emerging threats and about why the defence investment plan—the DIP—has still not been published.

Nowhere is the complete lack of strategic thinking from this Government more abundantly clear than in their barmy proposal to spend £35 billion of British taxpayers’ money to lease back the vital strategic outpost of Diego Garcia, which belongs to us in the first place. There is no credible legal threat to the sovereignty of Diego Garcia, and certainly none that would justify the expenditure of that much of taxpayers’ money. Instead, that money should be spent directly on our own defence.

Why do I say that the threat is not credible? First, when we signed up to the International Court of Justice, we specifically included an opt-out for any cases involving current or former Commonwealth countries. Any judgment by the ICJ—even a mandatory one, and we should remember that this one is only advisory—would still not be legally binding on the UK, because of that crystal clear opt-out.

Secondly, the Government attempted to argue that via the International Telecommunications Union, which is a UN agency like the ICJ, we could somehow lose control of our military spectrum. Again, that is absolute nonsense, because article 48 of the ITU treaty, to which we are a co-signatory, states clearly:

“Member states retain their entire freedom with regard to military radio installations.”

Again, that legal threat simply does not exist. Even the Government’s then telecommunications Minister, the hon. Member for Rhondda and Ogmore (Chris Bryant) confirmed that in a written answer to me a year ago on 12 February 2025.

Thirdly, the Government’s last trench, as cited on Second Reading of their Diego Garcia Bill, was the desperate argument that we could somehow lose a case under the UN convention on the law of the sea at the international tribunal for the law of the sea. However, article 298(b) of the UNCLOS treaty, to which we are a co-signatory, states clearly that we have an opt-out in the event of any disputes concerning

“disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service”.

Quod erat demonstrandum.

We can throw in the Pelindaba treaty on nuclear non-proliferation, which Mauritius has signed and will prevent basing of nuclear weapons on the islands anyway, and, crucially, the 1966 Anglo-American treaty, which means that the United States has a formal written veto over Labour’s deal with Mauritius. The Americans are now almost certain to exercise that veto after we denied them the initial use of the runway, which our Ministers allegedly sought to protect in the first place. Ministers must surely know that the whole benighted deal is as dead as a dodo, and still they cannot bring themselves to admit it. They are totally and utterly in denial over Chagos.

The same obsession with human rights from a Prime Minister who once described himself as a human rights lawyer first and a politician second—he was not kidding there, was he?—has also led to the utterly despicable position of the Government, in their Northern Ireland Troubles Bill, seeking to pursue our veterans through the courts via a process of lawfare and two-tier justice. That is while alleged terrorists, who those veterans were sent to the Province to fight, effectively walk free with letters of comfort in their pockets. Not only is that morally wrong on a whole range of levels, but it has a debilitating effect on recruitment and retention, especially within our own special forces community. That is an area where, even to this day—as I am sure the Minister for the Armed Forces would agree—our nation remains world-class.

Then we come to the delay to the defence investment plan, which is simply unconscionable with not one war under way, but two. When the Government published the strategic defence review last year, they delayed most of the decisions on equipment capabilities to a subsequent defence investment plan, which we were promised would be published in the autumn. We were then faithfully promised it would be published by Christmas, and here we are in late March, all promises broken, and there is still no DIP. Ministers have been claiming for months that they have been working flat-out on this plan. What would have happened if they had not been trying?

The reality is that we still do not have this document, because the Ministry of Defence is totally and utterly at war with His Majesty’s Treasury. That vital intergovernmental relationship has effectively broken down, and the Prime Minister is simply too weak to bang heads together and force the plan to be published.

Alec Shelbrooke Portrait Sir Alec Shelbrooke
- Hansard - - - Excerpts

Will the shadow Minister give way?

Mark Francois Portrait Mr Francois
- Hansard - -

If I may, I will make just one more point and then give way. Moreover, Labour claims repeatedly that it is introducing the largest increase in defence spending since the cold war, but that is simply not true. In the current financial year, it has actually done precisely the opposite. It has introduced a £2.6 billion efficiency savings programme that viciously cuts operational spending across the British armed forces at the Treasury’s behest. That means fewer ships at sea and longer times to regenerate them, as with HMS Dragon; fewer training hours for our pilots; and fewer exercises on Salisbury plain.

So here we are, with two wars under way, and nine months later this completely dysfunctional Cabinet is still unable to publish a forward equipment programme for the British armed forces. Do Labour Members not realise that they can also see this in Moscow, in Beijing and, indeed, in Tehran? If Labour Members believe, as I always have, that the role of the armed forces is to save life by preventing war and by persuading any potential aggressor that they could not succeed were they to attack us or our allies, how in God’s name are we supposed to deter the likes of Vladimir Putin or Xi Jinping if we are unable to publish the forward equipment plan for our own armed forces that is now nearly a year overdue? On what planet do Labour MPs think that this is an act of credible and effective deterrence?

To be fair to the Government, they have published something today. Just a few hours ago, they published the defence diplomacy strategy. They have been working flat out on it for months. They have been absolutely knocking themselves out to get that one away. I apologise to the House that I have not had the opportunity to read it yet, but I hope that it contains one very firm recommendation: “If you are going to maintain effective diplomatic relations with your strongest ally, the United States, whatever you do, don’t send to Washington an ambassador who had to resign from the Cabinet not once but twice for effectively being a crook and who has now had to be fired third time around.”

Bernard Jenkin Portrait Sir Bernard Jenkin
- Hansard - - - Excerpts

Will my right hon. Friend give way?

Mark Francois Portrait Mr Francois
- Hansard - -

I cannot; I do apologise.

The international skies are rapidly darkening, and the response of the Labour Government is, first, to cut operational spending in our armed forces by £2.5 billion and, secondly, to be completely unable to say when they would reach spending of 3% of GDP on defence, which all three authors of the SDR have said repeatedly is fundamental to delivering it. Until they do that, they cannot deliver it. Thirdly, because of the utterly dysfunctional relations within Government, with a Prime Minister whose authority is shot to pieces, they are totally unable to produce the defence investment plan, even though the House rises and we go into purdah for the Scottish and Welsh elections 48 hours from today.

This has become a farce, but it is a very dangerous one. We are now, quite literally, a laughing stock in Washington, and there is no way we can possibly deter our adversaries if we carry on like this. It is just not a credible defence posture to maintain, so I conclude by saying to Ministers: you have had long enough to produce it; if you can’t do the job, get out of the way.

Louise Sandher-Jones Portrait The Minister for Veterans and People (Louise Sandher-Jones)
- View Speech - Hansard - - - Excerpts

Our debate today reflects—or should reflect—the seriousness of the global security situation we now face. In eastern Europe, in the Mediterranean and around the world, our service personnel are working so hard, sacrificing so much and facing risk on our behalf. We have lived through—and I served through—a Government that refused to acknowledge the changing world, refused to take it seriously and refused to take the steps necessary to raise funding and invest. The architects of that neglect are sat in front of me. Sleeping on stag is a serious offence in the British military. In the Conservative party it was defence policy.

I shall now turn to the contributions made by hon. Members. I would like to remind those who have voiced their concerns about British bases that the threat of the growing situation in eastern Europe was clear in 2014—it could be argued that the signs were there in 2008—yet the Conservative Government, in coalition with the Liberal Democrats, chose to close down our bases in Germany and withdraw our armoured infantry brigade. We can now see what a mistake that decision was.

My hon. Friend the Member for Alloa and Grangemouth (Brian Leishman) made a passionate defence of the importance of fighting inequality. Like him, I see in my inbox the challenges that people face in my constituency, in his constituency and in the constituencies of Members across the House. We have seen what happens when instability around the world does not stay in eastern Europe or the Med, but affects us right here. It affects the energy bills we pay and the cost of goods. I am well aware of the challenges and the duty we have to face those challenges, but I say to him that sometimes war comes to you, and our armed forces are the ones who stand between us and those threats. It is vital that we give them the kit and equipment they need to face those threats and defend us.

Turning to the hon. Member for Harwich and North Essex (Sir Bernard Jenkin), that is the first time that I have heard the Leader of the Opposition and Winston Churchill compared. We will see over the coming weeks, months and years who is correct, but I expect that that comparison will age like milk.

We had an obviously fantastic speech from my hon. Friend the Member for Loughborough (Dr Sandher)— I declare an interest, although I do not comment on operational matters—on the importance of looking at the defence economy in the round. He said that it is not armies that win wars but nations. I agree that it is young people who we send to fight wars, and we need to ensure that as a state we have invested in those young people—in the very children who will grow up to face the world that we are creating for them.

The hon. Member for South Shropshire (Stuart Anderson) raised the important need to grow our reserves. We are taking measures to do that and, indeed, we are reinvigorating the strategic reserve, of which I am a member, to ensure that it is ready to meet the challenges ahead.

My hon. Friend the Member for Barrow and Furness (Michelle Scrogham) spoke about the importance of getting the DIP right. That is a crucial fact that we must all bear in mind—we must get the DIP right because jobs and capabilities depend on it.

The right hon. Member for Wetherby and Easingwold (Sir Alec Shelbrooke) was absolutely right that we must support our SMEs. That is why we have launched the Defence Office for Small Business Growth to boost opportunities for SMEs and why we have committed to spend £2.5 billion with them by May 2028.

My hon. Friend the Member for North West Cambridgeshire (Sam Carling), who always speaks up for those in his constituency who serve in our armed forces, rightly raised the importance of ensuring that we are able to recruit young people into our armed forces as quickly as possible. We are treating this as a priority and doing various things, such as improving the medical process and bringing in novel ways to enter the armed forces, such as through cyber direct entry.

The hon. Member for Angus and Perthshire Glens (Dave Doogan) spoke movingly about the child benefit cap, and I will return to that point in a while. He rightly noted the important role that Scotland plays in the defence of the United Kingdom.

The hon. Member for Bromley and Biggin Hill (Peter Fortune) spoke about the importance of space. It is important to mention the wonderful work being done by UK Space Command. As someone who used to work in a company that used a lot of satellite data, I understand the importance of it and welcome the extra £1.5 billion that we are spending on defence space technologies.

The hon. Member for Spelthorne (Lincoln Jopp) spoke eloquently, and I know that he is passionate about this matter. He is absolutely right when he says, “The moral is to the physical as three is to one.” The hon. and gallant Member for Huntingdon (Ben Obese-Jecty) also spoke passionately, and I take his points on board. I have absolutely listened to every one of his points, but for me, what he said reiterates the importance of getting the DIP right. A lot is at stake, and we must get it right. I say to the hon. Member for Bridgwater (Sir Ashley Fox) that his law has given terrorists immunity. It is unlawful, and I am glad that we are changing it.

As the House knows very well, the Government are fixing the mess that we inherited, which included an equipment plan that was overcommitted, underfunded and unsuited to the threats and conflicts that we now face. The Conservatives slashed defence spending by £12 billion in their first five years. The shadow Defence Secretary was the very Minister for Defence Procurement who left 47 out of 49 major programmes not on time or on budget.

I am reading those stats, but I lived through them, and this is deeply personal to me. I was serving when the previous Government were in office, and I could see the damage that they were doing all around me. While the threats to this country grew and grew, the Conservative Government refused to acknowledge that the world had changed. Labour is now fixing their mess, delivering for defence and for Britain. We have awarded more than 1,200 major contracts since the election—86% of them to British businesses—including the £650 million upgrade to our Typhoon fleet, securing 1,500 jobs.

Mark Francois Portrait Mr Francois
- Hansard - -

Will the Minister give way on that point?

Louise Sandher-Jones Portrait Louise Sandher-Jones
- Hansard - - - Excerpts

No, I need to make time.

Our £1 billion contract for new medium helicopters has helped to secure the future of the Leonardo plant in Yeovil, sustaining more than 3,000 jobs. We have spent millions more on drone procurement and development, including, earlier this month, an order for 20 uncrewed surface vessels, which will be built by Kraken in Hampshire and take us a step closer to our vision of a hybrid Navy.

That is not a frozen procurement pipeline; it is a Government delivering for British security and the British economy. It is possible only because we are investing £270 billion in defence over this Parliament. We are delivering the biggest sustained increase in defence spending since the end of the cold war, and we are growing our defence industrial base by backing UK-based businesses and UK workers. That vote of confidence is matched by record foreign direct investment totalling £3.2 billion since the election and the most successful year on record for British defence exports, bringing a defence dividend to every part of the country.

The Opposition have got one thing right today: we do live in an increasingly dangerous world, and we see every day the skill, professionalism and expertise of our personnel in defending our people, allies and interests in the middle east. It is all the more staggering, then, that the Conservatives cut frigates and destroyers by 25%, cut minehunters, and—in the words of their former Defence Secretary—left our armed forces “hollowed out and underfunded”. That is their record, and today we have heard no acknowledgment of it, so it falls to this Labour Government to take action to put that right.

Last June, as part of the SDR, we announced up to £1 billion extra, above Conservative plans, for air and missile defence. We have been leading NATO’s initiative on delivering integrated air and missile operational networked defences—DIAMOND—and this year alone we have boosted spending on counter-drone systems by five times, and spending on ground-based air defence has increased by 50%. In an era of growing threat, we are delivering for defence, and we will not repeat the Conservatives’ mistakes.

I was surprised to hear the Conservatives speak about morale, which plunged to record lows on their watch, when they slashed real-terms pay and saw record numbers of housing complaints. This Government have delivered the largest pay increase in two decades. We are investing record amounts in statutory services, including £9 billion in forces housing, and renewing and repairing nine in 10 forces homes. The Conservatives left serving personnel in damp and mould-infested homes. I am so pleased that we have funded 30 hours of free childcare for the under-threes in Scotland, Wales and Northern Ireland. We have taken more action in 20 months that the Conservatives managed in 14 years.

Let me address two points, if I may. As soldiers, we talk about how we fight, but it is also incredibly important to talk about why we fight. When I stood to become involved in politics, one of the things that I was most looking forward to—I knew that it would not be possible right away, but I hoped that it would be possible during this Parliament—was the scrapping of the two-child benefit cap.

That vote—being able to walk through the Lobby to scrap the cap—has been one of my proudest moments, because we cannot balance the books on the poorest children in this country. In closing, with the highest—