Armed Forces Commissioner Bill (Third sitting)

Pam Cox Excerpts

Committee stage
Thursday 12th December 2024 Public Bill Committees

[Graeme Downie (Dunfermline and Dollar) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Efford. I want to make a couple of small points. I have worked with ombudsmen in the past; ultimately, as we heard in the evidence earlier this week, somebody has to pay for an ombudsman. Often that is funded in other ways. I have previously worked with the energy ombudsman, whose funding comes from the energy companies. It is important to put that on the record.

Furthermore, just because an amendment says that someone is independent, that does not make it so. As the right hon. Member for Rayleigh and Wickford said, building trust will be crucial for the person in this role. Later clauses make clear the independence the commissioner will have—whether that is their ability to enter premises without notice, should they see fit, or to consider a range of different requests. My feeling is that the intent of the amendment is already covered by the Bill. It is important that we make sure that the commissioner builds that trust, as was pointed out by several witnesses on Tuesday.

[Pam Cox (Colchester) (Lab)]

I want to make a point about the wording of the amendment, which reads:

“The Commissioner shall operate independently from”.

Reviews that I have conducted of the powers of other commissioners do not explicitly state that. There are many special interest commissioners these days, so this would be an unusual provision in that regard. Like my hon. Friend the Member for Dunfermline and Dollar, I think the building of trust is essential to the smooth operation of the commissioner’s work with the armed forces and their families, which we so badly need. But that will be done in so many ways through the office of the commissioner. I do not think it would depend on this particular amendment.

[Luke Pollard]

I genuinely welcome the principle of the amendment and the spirit in which it has been tabled. It seeks to reinforce, in the Hansard of this debate, the position of both the Opposition and the Government: that the role should be independent. The commissioner should be able to conduct their inquiries and work separate from the functions of Government. It is precisely for that reason that we have drawn up the legislation in this way, so that the commissioner is independent. It is always helpful to place that on the record again. Should any future generations need to look at the intent of the Government at the time when this legislation was originally proposed and at our cross-party agreement that the commissioner should be able to carry out their functions without direction from the Ministry of Defence, they will be able to refer to this part of the debate and see that very clearly.

--- Later in debate ---

[Mr Francois]

The Minister mentions Ajax. I did not, but as he did, we will read that into the record.

There were times when the Defence Committee would have dearly loved that power. Had we had it, certain programmes might have suffered a different fate. In parallel, there is another important difference between the American Committee system and ours.

[Pam Cox]

Will the right hon. Member give way?

[Mr Francois]

If it is about Ajax, gladly.

[Pam Cox]

The Committees are not comparable, are they? The American system of Select Committees is so different from ours that we are talking about apples and pears.

[Mr Francois]

They are not directly comparable, but as I was coming on to say, the American Committees have a much stronger power over appointments. To illustrate my point, some debates in the American media are about whether the new Defence pick that Donald Trump is advocating may or may not come under some challenge during congressional appointment hearings. That issue only arises because the Committee has a stronger power. Here, there is an increasing trend that a Committee is allowed to interview people and express an opinion, but ultimately it cannot say no.

We all agree that the commissioner will be a very important appointment, for all the reasons that the Minister has outlined. Getting it right is really quite important. In extremis, if the Select Committee were to decide, for some good reason, that a particular candidate were not suitable for the role, would the Minister support the idea of its being allowed to veto the appointment? If not, how does the Minister envisage the Defence Committee playing a part in the appointment of this very important person?