Armed Forces Bill

Peter Bone Excerpts

Wednesday 16th December 2015 Commons Chamber

[Kirsten Oswald]

It is appropriate to enable commanding officers to require testing for drugs and/or alcohol after incidents associated with personnel carrying out safety critical duties. We support the ability of the commanding officer to deal with these matters. It is for them to consider and to proceed with the most appropriate action in relation to the requirement for testing.

Question put and agreed to.

Clause 2 ordered to stand part of the Bill.

Clause 3

Duty of service policeman following investigation

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

[The Temporary Chair (Mr Peter Bone)]

With this it will be convenient to consider clauses 4 and 5.

[Mark Lancaster]

Clauses 3 to 5 relate to investigations and charging. They make a number of changes to provisions in part 5 of the 2006 Act, which deal with the process of deciding whether a person is to be charged with a service offence under that Act. The changes simplify the process. For example, currently some cases that cannot be dealt with by the commanding officer must none the less be referred by the investigating service police to the commanding officer and then from the CO to the Director of Service Prosecutions for a decision on the charge and prosecution.

Clause 3 provides that where the service police consider there is sufficient evidence to charge an offence that the commanding officer cannot try summarily, the case must be sent to the Service Prosecuting Authority for a decision on charging. The Director of Service Prosecutions is responsible for decisions on the charge and prosecution in all cases that cannot be dealt with by the commanding officer. However, currently some of those cases have to be referred by the investigating service police to the commanding officer, and then, as I have said, from the commanding officer to the Director of Service Prosecutions. This adds unnecessary delay and bureaucracy to the process, which the clause seeks to remove.

The other main change made by clause 3 intends to deal with the problem that the 2006 Act currently requires some cases to be sent to a commanding officer to deal with, although they are closely connected with a case that must be sent to the director—for example, where separate offences occurred during the same incident. This can result in separate decisions on whether to prosecute, and separate trials. Clause 3 amends the 2006 Act so that the service police will also be able to refer a case to the Director of Service Prosecutions if, after consultation with the director, they consider it appropriate to do so because of a connection with another case that has been referred to the director.

Clause 4 makes a minor technical clarification to the procedure for the referral of linked cases from the commanding officer to the Director of Service Prosecutions. Currently, if the commanding officer is required to transfer a linked case to the director, the transfer is deemed to take place. Under clause 4, the commanding officer will actually have to make the transfer.

Clause 5 provides for the Director of Service Prosecutions to bring charges himself. Currently, where the director decides that a charge should be brought in a case, he cannot bring the charge directly but must direct the suspect’s commanding officer to bring the charge, and the commanding officer must then bring the charge.

The changes have the support of the Director of Service Prosecutions and the Judge Advocate General. No change is proposed to the circumstances in which the commanding officer is under duty to ensure that the service police are aware of an allegation.

[The Temporary Chair]

We are debating clauses 3, 4 and 5 together if any Member wants to speak on them.

[Jim Shannon (Strangford) (DUP)]

Thank you, Mr Bone, for clarifying the process. I have put this all together, if the Minister could just bear with me.

The Minister referred to investigation and charging in relation to clauses 3 to 5 and I want to ask a question about that. We see a simplification of the process relating to service personnel charged with offences. I assume the Minister is saying that that will be achieved by reducing the number of stages required for the decision to bring charges. Not only will the provision make it easier to bring charges where appropriate, and ensure discipline and order are maintained in our armed forces, it will streamline the process and reduce bureaucracy so that commanding officers are free to go about other duties essential to the smooth running of all aspects of our armed services. Will the Minister clarify the role of the commanding officer in an investigation?

If the Minister will bear with me, clause 2 related to alcohol and drugs. As we are talking about investigation, I want to comment on that. The new rules on drug and alcohol testing are similar, but not identical, to the provisions under the Railways and Transport Safety Act 2003. The 2003 Act provides for an alcohol and drug testing regime that is applicable to both the maritime and aviation environments, but the armed forces have Crown exemption. Will the Minister clarify this matter in relation to the new rules on drug and alcohol testing and investigations?

The Bill will remedy that and strengthen the approach to alcohol or drug misuse within the armed forces, as well as being more specific about what grounds justify a drug or alcohol test. It will make it easier for those in charge of an investigation to order a drug or alcohol test when needed, which can only make our armed forces safer and more secure, while simplifying the process to make it easier for commanding officers to secure a drug or alcohol test.

The new statutory framework for immunity from prosecution will give the Director of Service Prosecutions and service courts powers that may assist investigators and prosecutors in cases where it may otherwise be difficult to persuade service personnel to co-operate with the service police and to give evidence. The Minister will be aware of a specific case in Northern Ireland where investigations are ongoing. I believe the provisions are a positive development that will improve transparency across our armed forces and improve the security of individuals. Of course, this could be particularly important to Northern Ireland where there have been continuous attempts, through spurious allegations, to drag the names of former soldiers through the mud. We must never let the legitimate forces of law and order be equated with cold-blooded murderous terrorists. I hope that this aspect of the Bill can ensure that the brave service personnel who fought terrorism in Northern Ireland will never be dragged through the courts by those who terrorised our state, or by their sympathisers and supporters.

On investigation and prosecution in relation to this particular issue, what role will the Minister play? I am sure we are keen to put in place a transparent method of investigation and prosecution. There has to be protection for our brave service personnel. Where we can, we should give them immunity, but we must always give them our full and unreserved legal support and aid, should they need it.

I hope that was clear for the Minister. I have raised several issues about investigation that have to be addressed.

[The Temporary Chair (Mr Peter Bone)]

As it is coming towards Christmas, we let the hon. Gentleman go back slightly to clause 2. [Hon. Members: “And forward!”]. And forward, yes. But we have been moving rapidly, and he was seeking advice as he went.

[Mr Kevan Jones]

Thank you, Mr Bone. I will aim not to go backwards or forwards.

We support these common sense and proportionate clauses. As the 2006 Act beds in, they will improve the investigation and charging system by making it as efficient as possible.

--- Later in debate ---

[Mark Lancaster]

Let me deal first with the question of Gibraltar. I can tell the hon. Member for Strangford (Jim Shannon) that this has absolutely nothing to do with the Spanish. In 2005 Gibraltar received a new constitution, which gives it wider legislative responsibilities. As I have said, we are discussing with its Government whether it would be best to provide for that through the 2006 Act or through its own legislation.

As the hon. Member for North Durham (Mr Jones) said, there has been a delay. That is simply because, as the House knows, Gibraltar was holding elections, which have now ended. I am keen to conclude the matter with Gibraltar as quickly as possible, and, if it wished to be included in the provisions of the Bill, the intention would be to introduce amendments in the other place at that point.

On the wider impact, the fact that the 2006 Act has not been in force in the British overseas territories—including the Isle of Man—since 2011 has not, to our knowledge, created any difficulties. The rationale for extending the Act to those jurisdictions includes ensuring that actions that might be taken by members of our armed forces would be lawful there, not only as a matter of United Kingdom law but as a matter of their own law. For example, service police would have powers of arrest, entry and search in those jurisdictions as well. Equally, the civilian authorities in those jurisdictions can do things that they might not otherwise have powers to do under the law there. Including them in the Act gives them extra powers as well.

All in all, we feel, having consulted, that this is a positive step.

Question put and agreed to.

Clause 13 accordingly ordered to stand part of the Bill.

Clause 14

Powers of Ministry of Defence fire-fighters in an emergency

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

[The Temporary Chair (Mr Peter Bone)]

With this it will be convenient to discuss clause 15 stand part.

--- Later in debate ---

[Mark Lancaster]

Simply to answer the question from the hon. Member for Strangford (Jim Shannon), we will of course ensure that all our firefighters have appropriate protection.

Question put and agreed to.

Clause 14 accordingly ordered to stand part of the Bill.

Clause 15 ordered to stand part of the Bill.

Clause 16

Meaning of “AFA 2006”

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

[The Temporary Chair]

With this it will be convenient to discuss the following:

Clause 17 stand part.

Clause 18 stand part.

Government amendment 1.

Clause 19 stand part.

Clause 20 stand part.

Government new clause 1—War pensions committees and armed and reserve forces compensation schemes.

Government amendment 2.

[Mark Lancaster]

I am delighted to be able to speak to these amendments today. New clause 1 acknowledges the importance that the Government place on the work of the veterans advisory and pensions committees in supporting our armed forces community. The new clause would amend section 25 of the Social Security Act 1989 to allow the Secretary of State to make regulations enabling the VAPCs to provide advice and deal with complaints in relation to the armed forces compensation scheme 2005 and future compensation schemes enacted under the Armed Forces (Pensions and Compensation) Act 2004.

The VAPCs already have certain functions and procedures, as described in section 25 of the 1989 Act and the war pensions committees regulations. This amendment would expand that remit, providing a legislative basis to underpin their broader role and functions. I should, however, say a bit more about the committees.

The committees were first established as the war pensions committees in 1921. Generally, we now refer to them as the veterans advisory and pensions committees. There are 13 such committees whose members I, as Minister responsible for defence personnel and veterans, appoint. There are about 223 members, all unpaid volunteers working within their regional committees to help ex-service personnel and their families, in particular those who are vulnerable. In exercising their statutory functions, the committees carry out a range of activities principally in relation to the war pensions scheme which until 2005 was the main scheme for payment of compensation to members of the armed forces and their spouses and dependants for injuries or death caused by service. These functions include providing local consultation with the MOD on issues concerning war pensioners and war widows or widowers; raising awareness of the war pensions scheme and the veterans welfare service; supporting and monitoring the work of the veterans welfare scheme to ensure the best possible service to war pensioners and war widows and widowers; and helping individuals in representing their difficulties or in making a complaint in relation to the war pensions or war widowers application or review process.

However, there are new armed forces compensation schemes that were not in existence when section 25 was enacted. These include the armed forces compensation scheme and further compensation schemes that have been enacted under the 2004 Act. The new clause, with its proposed amendment to section 25 of the 1989 Act, will enable the committees to be given comparable functions relating to those new schemes too. We want the good work of these committees to continue, helping to enhance the local services delivered by ex-service personnel and their families, giving local support in promoting the armed forces covenant and the development of local community covenants, providing independent opinion on policy changes that may affect veterans, and championing individual cases. New clause 1 proposed by the Government today is for the benefit of our veterans and their families, who deserve the best.

While discussing this new clause, I should also mention amendments 1 and 2, because they make small changes that are consequential to the new clause. Amendment 1 provides that the new clause does not extend to the Isle of Man or the British overseas territories. Section 25 of the 1989 Act, which would be amended by the new clause, extends only to England and Wales, Scotland and Northern Ireland, and this will remain the case. Amendment 2 simply changes the long title of this Bill to include reference to the new provisions for the war pensions committees. These amendments would give the VAPCs, as the war pensions committees are known now, a statutory basis to continue their good work. With the consent of Parliament, our intention would be to make regulations to set out their new statutory functions at the earliest opportunity.

--- Later in debate ---

[Liz Saville Roberts (Gwynfor Meirionnydd) (PC)]

I beg to move, that the clause be read a Second time.

[The Temporary Chair (Mr Peter Bone)]

With this it will be convenient to discuss the following:

New clause 3—Enlistment of minors—

‘(1) The Armed Forces Act 2006 is amended as follows.

(2) In section 328(2) (c) (Enlistment) the words “without the consent of prescribed persons” are omitted.”

This amendment ensures that only those above 18 years of age are able to enlist in the Armed Forces.

[Liz Saville Roberts]

I rise to speak to new clauses 2 and 3, which stand in my name and those of several hon. Members from various parties across the House. First, I wish to say that these are probing provisions and I do not intend to press them to a Division. Although the Bill does not contain provisions on the recruitment age, it is entirely appropriate that we consider this important issue within the context of this Bill. I should state at the outset that I am a great supporter of the work that the women and men who serve in the armed forces do daily, and that their honour and sacrifice knows no bounds; they are a credit to the communities they serve. Before turning to the new clauses, I would like to put on record my respect for the sterling work they do.