Defence Reform Bill

Roger Williams Excerpts

Tuesday 29th April 2014 Commons Chamber

[Mr Dunne]

I appreciate and reciprocate that sentiment.

Let me now deal with the Lords amendments. They deal with all three elements of a Bill that introduces a new and significantly stronger regime for the management of single-source contracts, and makes important legislative changes that will enable us to modernise and make better use of our reserve forces. There is a great deal of support for those measures in all parts of the House, as was evident when we discussed all its previous stages here. The Bill also includes the measures that are needed to help an effective Government-owned contractor-operated organisation to manage defence equipment and support should a future Government decide to proceed with such an option. I shall return to that shortly.

These are all Government amendments, which were made following detailed consideration of the Bill both in this House and in the Lords. Although they deal with different parts of the Bill, they have a common theme: they either provide Parliament with further information relating to the implementation of defence policy, or strengthen parliamentary oversight of future legislation. That, I think, is right, and it reflects the Government’s commitment to ensuring that Parliament has a greater role in the scrutiny of the Executive. The amendments demonstrate that we have listened to the concerns that were raised about issues covered by the Bill, particularly in the other place, and that we have responded accordingly.

Lords amendment 6 fulfils a commitment given on Report in this House, on 20 November, to make it a statutory requirement to report annually on the state of the reserve forces, while Lords amendment 7 reflects the debate in the other place about parliamentary involvement in any future decision to proceed with a GoCo proposal requiring the provisions in part 1 of the Bill. The amendments will strengthen the parliamentary oversight of future defence plans, and I hope that they will be widely welcomed.

Lords amendments 1 to 5 relate to part 2, which concerns single-source procurement. They were made in response to the Delegated Powers and Regulatory Reform Committee’s report on the Bill, which was published on 20 December last year. I am grateful to the Committee for its report, and for the excellent work that it does in ensuring that any proposed delegated powers are appropriate.

The Committee recommended that the first set of single-source contract regulations should be debated and agreed by Parliament. It also recommended that certain of the regulations—namely those relating to the definition of a qualifying defence contract and to the penalty amounts applied under clause 32 of the Bill—should always be subject to the affirmative procedure. Those recommendations are reflected in Lords amendment 5, and Lords amendments 1, 2, 3 and 4 make the necessary consequential changes that arise from that amendment.

Lords amendment 6 would require reserve associations to report annually to the Secretary of State on the condition of the volunteer reserve forces, and for their reports to be laid before Parliament. The reports would include the associations’ assessment both of the capabilities of the reserve forces, and of the provision made in relation to the mental welfare of their members and former members. The amendment delivers on the commitment given by my right hon. Friend the Secretary of State on Report in this House last November. Members will recall that we had a substantial debate at that stage, initiated by my hon. Friend the Member for Canterbury (Mr Brazier)—it is good to see him in the Chamber—about the state of our reserve forces, and the need to report regularly to Parliament on the issue. The amendment enshrines in law the requirement to produce such a report.

Members may be interested to know that on 10 April I had the privilege of attending the West Midlands Reserve Forces and Cadets Association annual dinner. Their knowledge and enthusiasm for the reserves was palpable and I am glad we will have such expertise reporting to the Secretary of State on an annual basis as a result of this amendment.

At the dinner, Defence’s most senior reservist, Major General John Crackett, spoke eloquently and persuasively of the reservists’ contribution to our nation’s defence in the past century and the importance this Government have attached to revitalising and expanding the reserves during this century.

Last weekend’s helicopter crash, which unfortunately I have already had to refer to today, underscores the fact that, tragically, 31 reservists have paid the ultimate price in the service of their country since 2003.

[Roger Williams (Brecon and Radnorshire) (LD)]

I thank the Minister for paying tribute to the five men who were lost in the tragic helicopter accident over the weekend, in particular Lance Corporal Oliver Thomas who used to work for me. He is a fine example of the very talented young people we have in our reserves and the contribution they make to the British armed forces.

[Mr Dunne]

I am pleased that the hon. Gentleman has joined us. Unfortunately, he missed my tribute to Lance Corporal Thomas. I pass my sympathies to him and his colleagues, and his family and friends, on this tragic loss.

Lords amendment 7 will provide Parliament with information on the options for reforming Defence Equipment and Support before any order commencing part 1 of the Bill can be made. As Members will recall, part 1 provides the legislation needed to enable any GoCo solution for reform of DE&S to work effectively. This option is not being pursued at present, and will not be taken forward in the near future, but we think it right that the necessary legislation remains on the statute book in case a future Government, of whatever colour, decide to go down that route.

This amendment follows a substantial debate in the other place about the level of parliamentary oversight required before any future Government could proceed with a GoCo for DE&S that would require the provisions in part 1. As a result of that debate, Lords amendment 7 would require the Secretary of State to publish a report on the options for carrying out the defence procurement activity being undertaken by DE&S before laying the draft affirmative order commencing part 1. The report would need to cover any arrangements for a GoCo and any other options that had been considered, including the option of the new DE&S that is currently being put in place. This information will ensure that Parliament can have an informed debate on the reform of DE&S before agreeing to bring part 1 into force.

The amendment to Lords amendment 7, tabled by the hon. Member for Plymouth, Moor View (Alison Seabeck) —with whom I had the pleasure of serving on the Committee and who conducted herself with considerable distinction—would make it a requirement for a future Government to produce the report on the options for reforming DE&S at least 12 weeks before any order commencing part 1 is laid before Parliament. While on the surface this amendment might seem reasonable, I think it is unnecessary and would unduly constrain a future Government. Amendment 7 already places a statutory requirement on a future Government to produce a report and sets out what that report must contain—and it is most likely to take the form of a White Paper. To place such an obligation on a future Government is itself unusual, and we are aware of no other examples where a commencement order has such requirements attached to it. As such, it represents a major concession by the Government and demonstrates that we have listened carefully to the concerns expressed in the House of Lords.

We have therefore already gone a significant way towards ensuring that Parliament has detailed information to enable it to consider these matters, and there is no need to go further. Although I would expect any such report to be published in good time to enable Parliament to debate whether part 1 should be commenced, it is impossible at this point to predict the exact circumstances in which a decision to proceed with a GoCo might be made. Of course, if Opposition Members were to find themselves in government in the future—that is most unlikely in the immediate future—they could publish the report whenever they wish, but I think it is a step too far to put a legal time limit on the production of such a report; I simply do not think it is the sort of thing we should be setting out in legislation.

No doubt the hon. Member for Plymouth, Moor View will argue that without such a time limit a future Government might try to rush through proceeding with a GoCo—that, of course, will be up to her if she is in this post in a future Government—but that fails to take into account the reality of how these decisions are made or indeed the recent history of the time it took to go through the commercial process in looking for a GoCo solution. The need for a robust commercial process will mean that any such decision will not be taken quickly and that there will be announcements and discussions at each stage along the way.

The last competition, for example, took nearly nine months from the issue of the contract notice in April 2013 until the receipt of detailed bids in November last year. That helps to convince me that Parliament will have ample opportunity to consider and debate any proposals to move to a GoCo well in advance of any order commencing part 1 and we should not be placing arbitrary time limits into statute just for the sake of it. Placing such a time constraint in the Bill may add to uncertainty around the commercial process. The Government will therefore be resisting the amendment to Lords amendment 7.