Armed Forces Bill

Debate between Neil Shastri-Hurst and Luke Akehurst

Report stage
Monday 22nd June 2026 Commons Chamber

[Luke Akehurst]

The Bill is perhaps one of the most constitutionally significant Bills that Parliament regularly debates, as it renews the mandate for a standing Army on a five-yearly basis. It has therefore been a privilege to serve on the Select Committee established to scrutinise it.

I am grateful to the shadow Minister, the right hon. Member for Rayleigh and Wickford (Mr Francois), for pointing out the convention that one should address the opening speech, and the new clauses moved in it, because that gives me the opportunity to say—I am very sorry that the right hon. Member for Islington North (Jeremy Corbyn) is not in his place, because it would have been a delight to cross swords with him metaphorically—that I am really quite flabbergasted that in new clauses 1 and 2 the right hon. Member has managed to insert issues relating to the middle east into a debate that is primarily about the welfare of the armed forces here in the UK. It was extremely imaginative of him to manage to do that, which perhaps indicates a degree of dedication to one particular policy area that is in some ways commendable and in other ways slightly disturbing. I am sorry he is not here, because I would have been delighted to have taken an intervention from him on that subject. Just in case he scrutinises what I have said, I refer right hon. and hon. Members to my entry in the Register of Members’ Financial Interests.

I once again pay tribute to the armed forces community across the North Durham constituency. As I have noted at every opportunity I have had to speak on the Bill, North Durham is home to a considerable number of veterans, as well as the families of service personnel. It was an honour yesterday to speak at the flag raising ceremony in Stanley Front Street for Armed Forces Week. We are so into Armed Forces Week in North Durham that we have two ceremonies—one at the start of the week and one at the end of the week—and this year it was my honour to be at the one at the start of the week. I pay tribute to Stanley town council and the Durham Light Infantry Association for their role in that ceremony. You could really see the pride that people in North Durham take in their connection to the armed forces. I am always seeking to use my platform here to advocate for those who serve our country, and I have taken every opportunity, such as serving on the Bill’s Select Committee, to play a role in advancing policy that helps our armed forces community.

The Labour Government introduced the Armed Forces Bill to deliver on their pledge to renew the contract between the state and the armed forces community. The Bill will deliver for veterans, serving personnel and the next generation of our armed forces by making key strides forward on the covenant, housing and service justice, as well as bolstering our defensive capabilities by changing reservist criteria—at the request of reservists, I might add—and giving the Government powers to tackle drone activity. I believe the parliamentary scrutiny the Bill has had, by the Select Committee and on the Floor of the House, will make it even stronger than it was at the start.

I pay tribute to the Government for engaging so constructively with the Bill Select Committee and for accepting the vast majority of our recommendations, resulting in 81 Government amendments to further strengthen the legislation in Committee of the Whole House. In particular, I want to take the opportunity to pay tribute to the former Defence Secretary, my right hon. Friend the Member for Rawmarsh and Conisbrough (John Healey) and the former Armed Forces Minister, my hon. Friend the Member for Birmingham Selly Oak (Al Carns) for their tireless work. They have consistently stood up for what is right, not only for our armed forces community but for our country. From their service as Ministers to making the case for the increased defence spending to adequately protect the British people and, ultimately, to the very honourable decision they took to resign, I hope their decision will have encouraged the Government so that when we finally see the defence investment plan, the quantum and content of it will reflect the political sacrifice they have made in standing down.

I welcome the new Defence Secretary, my right hon. and gallant Friend the Member for Barnsley North (Dan Jarvis), and the new Minister for the Armed Forces, my hon. and gallant Friend the Member for North East Derbyshire (Louise Sandher-Jones), with full confidence in their ability to step up and continue to do the right thing by serving personnel and veterans. All of us in this House should wish them well. They are doing hugely important work on the final stages of getting agreement on the DIP. Whatever the politics going on in Whitehall around that, we wish them all the very best in that process. They are taking on huge responsibility at a time when this country faces really severe threats. I repeat that I pay tribute to their predecessors, but I also pay tribute to them for stepping up and taking on these hugely important responsibilities at a time when it could not be more important.

[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

I place on record that, as a veteran myself, it was a huge privilege to serve on the Select Committee that considered this important legislation. I will concentrate my remarks on new clauses 4, 9 and 11. At first glance, they may appear to concern different matters, yet, in reality, they are united by the common principle that Parliament should ensure that those who serve this country are treated fairly, and that the law recognises the unique obligations we place on them.

We quite rightly celebrate the professionalism of our armed forces. We ask them to defend our interests overseas, deter our adversaries, and, when necessary, place themselves between danger and the rest of us. It is right that the first duty of any Government is the defence of our realm. It therefore follows that the first duty of Parliament towards those who discharge that responsibility is to ensure that they are treated with fairness, dignity and respect. That means understanding that military service is not simply another profession, but a vocation that places demands on individuals and their families that most of our fellow citizens will never be asked to bear.

I begin with new clause 4. I have long believed that when an individual commits to service in the armed forces, the nation enters a contract with them that carries practical consequences. We ask our service personnel to accept postings away from home, to move their families at short notice, to spend long periods separated from loved ones, and, in some cases, to place themselves in danger on our behalf. When we speak of supporting the armed forces, we cannot confine our attention solely to those in uniform; we must also consider the spouses and children who support them.

New clause 4, tabled by my hon. and gallant Friend the Member for Huntingdon (Ben Obese-Jecty), addresses a concern that many Members across this House have heard repeatedly from serving personnel and veterans alike: that the financial burden imposed on families seeking indefinite leave to remain after years of loyal service to this country is too much. There is a straightforward question before us. If an individual has given years of service to our nation, why should their family then face significant financial barriers simply to secure their future here? They have worn our uniform, accepted unlimited liability in defence of our national interests, and contributed directly to our security. In those circumstances it cannot be right, having honoured their commitment to our country, that we appear reluctant to honour our commitment to them.

The armed forces covenant, as my right hon. and gallant Friend the Member for Rayleigh and Wickford (Mr Francois) mentioned, rests on the principle that those who serve should suffer no disadvantage as a result of that service. It is difficult to reconcile that principle with a situation in which a family that has supported a service member throughout years of deployments and postings, is then confronted with substantial costs in order to remain together in the country for which that service was given. New clause 4 is not a radical proposition; it is a relatively modest measure that simply recognises commitment and rewards service. Crucially, it sends a clear signal that Parliament values not only those who wear the uniform but the families who stand behind them.

Over the past two decades, there has been a considerable concern about the extent to which human rights litigation has affected military operations overseas. Parliament has recognised those concerns in previous legislation relating to overseas operations. That issue is not a novel one, but part of a continuing debate about how best to reconcile operational effectiveness, accountability and fairness.

The argument for new clauses 9 and 11 is, at its heart, a simple one. A soldier deployed on operations is not situated in the same circumstances as a civilian living in peacetime; the realities of combat are fundamentally different. Those of us who have had the privilege to spend time with serving personnel quickly come to appreciate that military operations are conducted in conditions of danger, ambiguity and enormous pressure. Decisions are often made in moments, not months. Commanders and soldiers do not enjoy the luxury of hindsight that is available to lawyers examining events years later from the cold comfort of a courtroom.

Armed Forces Bill (Fourth sitting)

Debate between Neil Shastri-Hurst and Luke Akehurst

Select Committee stage
Tuesday 14th April 2026 Public Bill Committees

[Dr Shastri-Hurst]

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.

[Luke Akehurst (North Durham) (Lab)]

Has the hon. Gentleman made any assessment of whether the capacity savings from serving officers not having to serve on the court—because under the amendment they would be replaced by retired officers—are perhaps exceeded by the burden on the service justice system of having to track and maintain some kind of database of the retired officers that it would call on to serve?

[Dr Shastri-Hurst]

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.