Armed Forces (Service Complaints and Financial Assistance) Bill

Mike Hancock Excerpts

Monday 2nd February 2015 Commons Chamber

[Anna Soubry]

It is always difficult when, on one side of the argument, some people are not quite convinced by the Bill and, on the other side, other people are also not convinced by it. We are in the middle, and I am convinced that we have got the balance right. The chain of command need not think that they have anything to fear or that they will be undermined by the creation of the ombudsman and the new system. Equally, we have satisfied those who want a more rigorous approach to ensure that genuine grievances, which cannot be raised in the normal way by virtue of service, will be properly dealt with, and that if they are not—when maladministration is alleged—they will be properly investigated.

[Mr Mike Hancock (Portsmouth South) (Ind)]

I am sure I speak for all hon. Members when I say that the Bill is long overdue and most welcome. How wide is the remit of the ombudsman? Does it stick at maladministration, or can it go further? The Minister said she wanted people to have every opportunity to raise their concerns. How far is she prepared to see that go?

[Anna Soubry]

I could be rude to the hon. Gentleman and suggest that he read the Bill. It is clear that it provides for an ombudsman in the traditional sense of someone who investigates when a complaint of maladministration has made. The definition of maladministration is broad, but we are clear that we are putting in place a new complaints system. As a result, we now have an ombudsman. That is not another level of appeal: it means that someone whose grievance has been flawed through maladministration and not been dealt with properly can take their complaint to the ombudsman, who will see whether there has been maladministration. The ombudsman will have the breadth of remit to go into the detail of the allegation of administration, and then to report without fear or favour and with rigour. At any stage and at any time, the ombudsman can go to any of the chiefs of staff or any Minister—most importantly, of course, the Secretary of State—and has complete freedom, should he or she so wish, to go to any member of the press and say, “Something is happening here that I am not happy about”, or to the Chair of the Select Committee and say, “This is something that I have found out and I am concerned about.”

In many ways, those are the great freedoms, but it is clear in the Bill that the ombudsman is appointed to look at maladministration—never forgetting that it is the individual who has raised a grievance, sought redress, felt that they have not got it through the system and have exhausted their appeals who will go to the ombudsman on the basis of maladministration, like many of those who go to an ombudsman.

We have drafted regulations that deal with the new system of complaints. Hon. Members have rightly raised the criticism—Dr Susan Atkins also complained about it—that too often there is too much delay. That is wrong, and that is why it is imperative that we reform the system. When we have the ombudsman in place, he or she must be in a position to conclude that delay is part of maladministration. He or she will be able to look specifically at that and take their recommendations to the Defence Council if need be. I have confidence that action will be taken accordingly.

--- Later in debate ---

[Anna Soubry]

I am struggling to have much sympathy with that argument, because it is certainly my experience that allegations are taken extremely seriously by the Secretary of State, and indeed by any other Minister in the Ministry of Defence. It is also my experience of the service chiefs, notably the new head of the Army—the new Chief of the General Staff—that on issues of bullying, harassment and the role of women and any discrimination against women, they are extremely rigorous. In every conversation and meeting I have ever had with the Chief of the General Staff, even when I might have wanted to talk about one or two matters as well as the role of women, he has insisted that we speak about that, such is his determination to eradicate harassment, bullying and sexual discrimination in the Army. We have seen a huge sea change, and it is to be welcomed, not criticised.

[Mr Mike Hancock]

I am grateful for the thorough way in which this matter is being put to the House tonight, but one issue has always hung over the way in which the MOD handles things. If someone makes a complaint of bullying and then, in one way or another, dies, the complaint dies with them. Under this Bill, will it be possible for the next of kin to pursue that complaint, using the ombudsman’s powers to do so?

[Anna Soubry]

The hon. Gentleman raises an important point. In the terrible circumstances in which someone dies when a complaint has started, there are many instances in which we would want that complaint to continue, most notably if it were about something that might affect somebody’s pension or allowances and would therefore be to the financial benefit of the family, or if there were a point of principle. The trouble is that when somebody makes a complaint about bullying, they make that complaint against somebody else and if that second person denies that they have bullied the first person, they are entitled to a fair hearing. In the terrible event that the first person has died, the second person cannot challenge the complaint and so the danger is that the person against whom the complaint is made is effectively denied a fair hearing because he or she cannot, in effect, query or challenge the complaint. I hope that that makes sense. It is a terribly important part of natural justice that if somebody makes a complaint against somebody else, the person being complained about should have the right to give their side of events so that whoever is determining the case can hear all the evidence on both sides and reach the right conclusion.