Armed Forces Bill (Fourth sitting)

Debate between Rachel Taylor and David Reed

Select Committee stage
Tuesday 14th April 2026 Public Bill Committees

[David Reed]

It is difficult to follow my hon. Friend the Member for Solihull West and Shirley—he is a former Army officer, a doctor and a barrister—but I will attempt to add to the debate.

This issue is clear: under the present framework, a service court can only impose protective orders—such as a sexual harm prevention order, a stalking protection order, a domestic abuse protection order or a restraining order—if the individual remains subject to service law at the point of trial or sentence. Where an individual has left the forces before that stage, the court’s ability to impose those protections falls away, even where the alleged conduct took place during service and proceedings were properly brought on that basis. That creates an obvious and avoidable gap—my hon. Friend laid out the argument on this expertly. It presents a route that any competent legal adviser could identify.

Where proceedings are pending or a conviction is likely, there is a clear incentive to leave service before the point at which an order could be imposed. The individual who may present the greatest risk to a victim, who knows their workplace, shares the same base or moves within the same social network, can remove themselves from the reach of a protective order simply by leaving. That is not a remote possibility; it is a foreseeable consequence of the current structure, and it should be addressed.

New clause 12 addresses this consequence in a proportionate and coherent way. It provides that, where an individual was subject to service law at the time of the alleged conduct or at the point of charging decision, the service court retains the power to impose protective orders as though the individual remained subject to service law. It does not expand service jurisdiction into new territory, and it does not create new offences. It simply preserves an existing power at the point where it is most needed: at conviction or sentence.

New clause 12 also ensures that such orders have full effect. An order made in those circumstances is to be treated as though it was made by a civilian court of equivalent standing, which would provide clarity on enforcement, avoid any uncertainty between service and civilian systems, and allow a proper provision through the regulations for recognition, enforcement and variation. In practical terms, it gives the courts a power that is both meaningful and workable.

The Bill makes a serious effort to strengthen the experience of victims within the service justice system. We heard from many experts during the evidence sessions, and that really brought it home for many of us on the Committee. Measures such as protective orders, enhanced powers for service police and independent legal advocacy represent real progress. However, it is important that those provisions operate together effectively. At present, there is a clear weakness. Where leaving service provides a means of avoiding a protective order, that weakness will be exploited. The purpose of new clause 12 is to ensure that it cannot be.

Those most likely to benefit from this change are often the most vulnerable. Individuals affected by serious sexual offences, domestic abuse or stalking within close professional communities face particular risks, especially where working and social environments are closely intertwined. For them, a protective order is not a technical matter, but fundamental to their sense of safety and ability to continue in their role. Access to that protection should not depend on whether an individual leaves service at a particular moment.

[Rachel Taylor (North Warwickshire and Bedworth) (Lab)]

It is a pleasure to serve under your chairship, Mr Efford. I welcome the clauses we are considering. This Government were elected to renew the nation’s contract with those who serve, and this Bill promises to do that. We cannot do it without ensuring that armed forces personnel are protected from sexual and violent behaviour, domestic abuse, stalking and harassment. We must ensure that, if such incidents do happen, justice is swift and victims are supported.

As far as possible, the service justice system reflects the provisions of the civilian justice system, and the Bill is modernising and improving victim support. It was extremely helpful to speak to those involved in the service justice process, and I thank the Chair for organising those visits, which helped to inform us all.

Among the key measures being introduced are the sexual harm prevention orders and the sexual risk orders, which can be issued in the service court in response to provost marshal. The Bill also allows for service domestic abuse protection notices to be issued by the service police, and for service domestic abuse protection orders and service stalking protection orders to be issued by the service courts. This will ensure better protection for personnel and civilians.

The Bill also solves the discrepancy that exists between service courts and civilian courts if an offender is sentenced by the service court when they have committed a serious offence. Currently, the transfer from the service courts to the civilian justice system is undertaken on a discretionary basis. The Bill will modernise that system, and bring offenders sentenced by the service courts into line with the civilian justice system. The Bill will better support victims of a service offence by streamlining the complaints procedure.

I have some sympathy with the arguments behind new clause 12 and a great deal of respect for the right hon. Member for Rayleigh and Wickford. However, in practice, individuals cannot simply leave the armed forces to avoid proceedings. A serviceperson will not be discharged or given a final leaving date until disciplinary or criminal proceedings have been properly concluded. Even after an individual has already left service, sections 57, 58 and 61 of the Armed Forces Act 2006 allow them to be charged with an offence committed while they were subject to service law. My argument in respect of new clause 12 is that it is simply not necessary. However, I think dialogue between the Minister and the right hon. Member would be welcome.

Armed Forces Bill (First sitting)

Debate between Rachel Taylor and David Reed

Select Committee stage
Tuesday 24th March 2026 Public Bill Committees

[David Reed]

I would rather have it in the legislation from the outset. We could take a position where we hope that local authorities will sit down and read through the legislation but, as we have seen over the last few years, that has not been applied in the current understanding of the covenant. I would rather the definition be explicit for local authorities. That would also provide a nice feedback loop, because if it is not working, it can go straight back to the Ministry of Defence and we can work on making amendments to the overall legislation.

[Rachel Taylor (North Warwickshire and Bedworth) (Lab)]

When coming to a definition that everybody can agree on, it often ends up being very narrow, because that is what the group can agree on and apply. Does the hon. Member agree that if we end up defining due regard in the Bill, the definition will be narrow and, by its very nature, bodies will apply it in a very narrow sense in practice, to the detriment of veterans and service personnel?

[David Reed]

I thank the hon. Member for her intervention, and she makes a good point. But who defines “narrow”? From what we have seen with local authorities, most councils want to go above and beyond the covenant, because people in the council might have served in the military or had military families and they want to do more than what is already stated. Having the base, narrow explanation in the Bill will give everyone the base requirement, and it is a powerful thing to include—it is important to be explicit.

The amendment simply ensures that the same level of care is applied, and it is also about accountability. Without that clear definition, it becomes hard to assess whether an authority has fulfilled its duty. A defined standard provides a benchmark against which performance can be measured. It gives confidence to service families and ensures that their circumstances are properly considered; it also gives clarity to authorities about what is expected of them.