Armed Forces (Service Complaints and Financial Assistance) Bill

Richard Drax Excerpts

Monday 2nd February 2015 Commons Chamber

[Anna Soubry]

I absolutely do, and I am very grateful to my hon. Friend for his sensible, common-sense words. I join him in paying tribute—again—to Nicola Williams, and I think he will agree with me about Dr Atkins, too.

What my hon. Friend says is absolutely right. I think—and hope—that there will be some debate and argument, and I was going to pay tribute to the Defence Committee for the great work it has done over a number of years in wanting to make huge changes to the role of the Service Complaints Commissioner.

I anticipate that we in this House will not necessarily agree on everything, although I would like to think we will be able to find a way of agreeing. The most important point, however, is that we agree on the principles of the Bill. We agree on what we are all seeking to achieve—apart from the thematic, which I know will separate us. We are all absolutely agreed in wanting to make sure we have an ombudsman who acts and works without fear or favour, who is rigorous in their investigation, and who puts the person—the individual—at the heart of all the work they do.

One of the great joys of the Bill is that it is not overly prescriptive, and that is very much right. We want our ombudsman to have free rein. I am told that Susan Atkins would visit units and, if she was concerned about incidents or that people felt they could not raise a grievance or a complaint, she did not hesitate in taking that up, not just with Ministers but with the chiefs of staff. She certainly had the sort of determination and brave, rigorous approach that we are all agreed on, and which we will see—I do not doubt—in Nicola Williams.

[Richard Drax (South Dorset) (Con)]

I am delighted by what the Government are doing in the Bill—it is excellent news. How can we be sure that the ombudsman will act swiftly? May I also agree with the Minister entirely on employment tribunals? Thank goodness the Government have not gone down that road. As a former soldier, I think that would be a disaster and would seriously undermine the discipline of a unit and the Army as a whole.

[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.

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[Mr Kevan Jones (North Durham) (Lab)]

The Opposition welcome the introduction of the armed forces ombudsman. The current Service Complaints Commissioner for the Armed Forces was introduced by the Labour Government as part of the Armed Forces Act 2006, which came into effect in January 2008. I should tell the Minister that that was no easy task. Other hon. Members and I—a few in the Chamber served on the Defence Committee at the time—did a year-long comprehensive report on the armed forces duty of care. They know that some of the arguments put up against the further extension in the Bill were put up against the 2006 Act. It was said that somehow the earth would stop if we interfered with the chain of command and had external scrutiny of the armed forces.

We have been proved right in terms of how the Service Complaints Commissioner has worked. I pay tribute to Dr Susan Atkins, who has been so successful because she has pushed the boundaries effectively and ensured that her remit is listened to. The commissioner was introduced after the Deepcut tragedy and Lord Justice Blake’s report. The report was not only thorough but made some very good recommendations on armed forces discipline and dealing with complaints. In particular, it dealt with matters for the families of those who committed suicide. I put on record my thanks to Lynn Farr from Daniel’s Trust, who over many years, and in the tragic circumstance of her son’s death in service, not only campaigned to ensure that the system is more transparent and open but made real progress. I also pay tribute to Geoff Gray and Yvonne Collinson for their work on the deaths at Deepcut. I am on record as having said this before, but no matter what happens now we cannot bring those individuals back, and I doubt whether we can get to the truth of what happened at Deepcut. However, the work that those individuals have done has changed how the chain of command and the Government deal with young people in our armed services.

The Service Complaints Commissioner was a step forward. It was the first time that independent oversight was introduced to our armed forces. I remember at the time Conservative Opposition Members arguing that that would be the end of world, and that somehow the world would stop if there was independent oversight or if the chain of command was questioned. The world has not stopped. As the Minister rightly said, the chiefs have accepted that the commissioner has been a major step forward and has helped to increase and enhance the armed forces’ reputation, not only in the eyes of the public but in the eyes of those who serve. If the Bill is tightened up through some of the amendments that we will table in Committee, it can enhance that process. No one in the chain of command has anything to fear from the Bill.

The Service Complaints Commissioner drew attention to the efficiency with which complaints are dealt with and the fact that individuals can complain if they feel that something has gone wrong. There is a culture not of complaining for the sake of it, but of questioning behaviour that is not acceptable, no matter whose behaviour it is. In 2013 the armed forces attitudes survey reported that 10% of servicemen and women felt that they had been subject to discrimination, harassment or bullying in service environments in the previous 12 months. That would not be accepted in any other walk of life, and it should not be accepted for members of our armed forces.

[Richard Drax]

Having been in the armed forces myself, I know that there is always a concern about politicians getting too involved in a service in which ultimately people have to go and kill the enemy, so a different mentality is required from that in civilian life. A balance must be sought, and I hope the ombudsman will seek it and will not undermine the armed services’ discipline and readiness, in the worst situation, to kill somebody. That would undermine the unique brand that makes our armed services so special and respected around the world. It is a fine balance.

[Mr Jones]

I am glad to see that the dinosaur tendency of the Conservative party is still alive and kicking on the Back Benches. Exactly the same arguments were made against the introduction of the armed forces complaints commissioner. This is not about making the training or the discipline less rigorous; it is about behaviour that is totally unacceptable. The hon. Gentleman should read Lord Justice Blake’s report and the Select Committee report that went alongside it to see whether he can justify some of the things that went wrong then. I accept that, as the Minister says, things have moved a long way since then, but the type of behaviour that we saw was not acceptable then and is not acceptable now.

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[Mr Jones]

I agree with the hon. Gentleman. Certainly, the armed forces Act—I cannot remember which one, having dealt with so many over the years—helped by streamlining the three service Acts, because there had previously been a lot of inconsistency across the three services. I think things are now much clearer, especially as we now have joint operations, so the equal and correct interpretation of military law, rather than the silo system we had previously, with three different service Acts, has helped.

Ultimately, we are asking servicemen and women to do very dangerous things on our behalf—I am not suggesting for one minute that the Service Complaints Commissioner should be on the front line telling generals what they should and should not do—but that does not mean that the general things that we and the current service chiefs certainly accept should be best practice in the three services should not be scrutinised and that there should not be support for individuals who find that the high standards that we all expect are not being met.

[Richard Drax]

I have great respect for the shadow Minister and am sorry that he resorted to personal slights, which I think was totally unnecessary. For the record, I do not agree with harassment or bullying in the armed services—I never have and never would. Of course those in the armed services should be respected and their rights should be looked after, but ultimately they are being trained to kill. That is the point I was making. As I have said, I welcome the Bill, which I think is a good step forward, and am entirely behind it. I just wanted to put the record straight.

[Mr Jones]

I thought that the hon. Gentleman might have been proud to be labelled a dinosaur in the present Tory party! I am not criticising him in any way; all I am saying is that some of the arguments made for not doing these things are the same as those that were made 10 years ago, and they have clearly been proved wrong.

Another important aspect is that this is not only about the scrutiny of complaints, but about how many people make complaints. Only 8% of cases involved a formal written complaint. I think that once the Bill is in place, it will ensure that people in the armed forces know how to complain and what redress that they can have. We need a system that encourages people to come forward, not with frivolous or vexatious cases but with cases of harassment, discrimination, bullying or malpractice, which can then be investigated properly by the chain of command. If not, there should be independent scrutiny to ensure that the highest systems and checks are in place—zero tolerance, as the Minister said.

We ask servicemen and women to do things that most of us would never be capable of, so there is a unique difference between them and the general public. However, there are some modern working practices and standards that we would expect in all walks of life, including in the armed forces, and that is why we support the Bill.

We will be calling for the Bill to be strengthened in a number of ways. I hope that in Committee we will be able to discuss some of its aspects in more detail, which will not only provide another opportunity to discuss the role of our armed forces and the pride that we rightly take in them, but ensures that men and women from all our constituencies who join the armed forces get the protection that they would expect in any other workplace.

I turn to the remit of the ombudsman and the range and scope of the powers that the Bill grants. Under the Bill, the ombudsman will not be able to look at the complaint itself but only at whether maladministration occurred in the handling of the complaint. Many in the House will agree that that is a very narrow scope. It leaves us in a rather perverse situation whereby the central piece of the system will be entirely removed from the issues that regularly affect members of the armed forces. The ombudsman will be powerless to deliver the protection and oversight that are needed in such circumstances.

The Minister will probably tell us that it would be going too far to give the ombudsman such a remit, but, as I said, the same arguments were made when we brought in the Service Complaints Commissioner. It is not unusual for an ombudsman to have such powers. The public services ombudsman, the local government ombudsman of England and the prisons ombudsman all have statutory powers to investigate service failures in addition to maladministration. There is no reason why such a principle cannot be applied with regard to serious complaints brought forward by men and women who serve in our armed forces.

Many Members have expressed the view—we will no doubt hear it again in their speeches—that we need to leave it to the chain of command alone to decide on these issues. I do not accept that. The system is one of partnership. One of the great things that Susan Atkins has done is to work very effectively with the chain of command, not only to educate but to change ways of doing things and move the agenda forward. It is important that the Service Complaints Commissioner does have these powers. The Defence Committee agrees that the ombudsman needs wider powers to investigate the substantial complaints.

Another feature missing from the Bill is an ability for the ombudsman to undertake thematic inquiries of their own. That ability would have been very important in, for example, the inquiry into the events at Deepcut. I am afraid that I do not share the Minister’s faith that these issues are just for the coroners. Certainly, the idea that one would have any faith in the Middlesbrough coroner to undertake a vigorous investigation of a service death—

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[Mr Arbuthnot]

My hon. Friend is right, if ambitious, but who could argue that the world is a safer place now than in the cold war years? I think it is far less safe because we live in a multi-polar world. Mutually assured destruction brought us, curiously, some stability.

[Richard Drax]

Does my right hon. Friend agree that the reports in The Sunday Telegraph that after the election the Royal Marines will be next in line for the target is one step too far?

[Mr Arbuthnot]

rose—