Armed Forces Commissioner Bill (Third sitting)

Michelle Scrogham Excerpts

Committee stage
Thursday 12th December 2024 Public Bill Committees

[Mr Francois]

The hon. Lady is right. The amendment says that the commissioner should make the appointment; I hope we have given the rationale for why we believe that is important. What sort of KC the commissioner employed, and how often they used them, would be a matter for the commissioner: they would still have some discretion and, as has been intimated, there are KCs and KCs.

But the principle of the amendment is that the commissioner should have access to senior legal advice because lawfare is becoming more and more of an issue for armed forces personnel. For the sake of brevity, I will not read into the record a very good article that appeared in The Spectator about why people are leaving the Special Air Service because of the issue. It is a problem for retention in the armed forces, particularly in certain units, and this is an attempt to acknowledge that.

[Michelle Scrogham (Barrow and Furness) (Lab)]

To refer back to what my hon. Friend the Member for Portsmouth North said, the amendment does say that the commissioner’s staff “must” include a King’s counsel. That would effectively tie the hands of the commissioner, firmly setting that budget. I would much rather that they had flexibility, so that they could choose who they wanted to serve within their staff; should they need a KC, they would be very welcome to get one. Including that they “must” would eat that budget, which could be used elsewhere if needed.

[Mr Francois]

I understand the hon. Lady’s question, and I do not want to get into an “angels on a pinhead” argument, but that member of staff could be part-time. It could be that on the staff of the commissioner is a qualified KC, but only brought into action when there is a specific legal aspect to be examined—they would not necessarily have to sit in their office five days a week waiting for a case to come in. If there was no work, then they would not necessarily be employed.

I accept that perhaps we should have put the words “part or full-time” into the amendment, but the key thing is that the commissioner would have access to a King’s counsel, even on a part-time basis, to deal with complaints that have a specific legal aspect, including aspects of lawfare. We did not mandate in the amendment that it had to be a full-time role.