Armed Forces (Service Complaints and Financial Assistance) Bill [Lords]

Debate between Rory Stewart and Anna Soubry

Monday 9th March 2015 Commons Chamber

[Anna Soubry]

Yes, I do. Both the hon. Member for North Durham and my hon. Friend the Member for Penrith and The Border have said that we have seen a progression to where we are today, and we must understand and recognise that some think this is a step too far. They think we have gone too far and perceive some threat to the chain of command. I absolutely do not believe that, but things often take time to develop in the ways we want. I am absolutely confident that we have struck the right balance.

[Rory Stewart]

The question of whether this is a fundamental threat to the chain of command is a central point. Although people are very polite and do not put this about, I know a lot of colleagues and people in the armed forces are concerned that this is going too far. Will the Minister lay out more clearly why this is not a threat to the chain of command?

[Anna Soubry]

This Bill—it has now been amended and we have accepted the amendments—changes the ombudsman’s remit but not her powers. Somebody who brings a complaint to Nicola Williams can be absolutely confident that it will be thoroughly and properly dealt with, and that she will be in a position to make her recommendations. She has access to Ministers and to others in the chain of command, and can go to them at any time. That chain of command is not under threat because of her. Indeed, I am confident that the creation of the ombudsman will give the chain of command the understanding—the hon. Member for Bridgend or the hon. Member for North Durham made this point—that it has nothing to fear from the ombudsman, nor from a better system, because if complaints are dealt with properly and expeditiously, and fairly and justly, we will have a better team and group of people. This will only strengthen the chain of command’s ability to conduct its business.

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[Rory Stewart]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 2

Reform of System for Redress of individual Grievances

[Anna Soubry]

I beg to move amendment 1, page 6, line 28, after “may”, insert “, on an application to the Ombudsman by a person within subsection (1A),”

This amendment clarifies the provision made in new section 340H(1) of the Armed Forces Act 2006 (inserted by clause 2 of the Bill) about the making of applications to the Service Complaints Ombudsman. See also amendment 5.

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[Anna Soubry]

If somebody says that there has been undue delay, but the commissioner finds that there has not, she can certainly say so, though at that stage, of course, she would not be looking at the merits of the case. If somebody makes a complaint and goes through the system, and there is no finding in their favour, and then says, “I will now go to the ombudsman on the question of the merits of the case”, it is absolutely the ombudsman’s role to look at whether there is any merit to the case. If she thinks that there is no merit to it, she will not flinch from saying so. I hope that satisfies my hon. Friend.

It is now possible to apply to the ombudsman alleging undue delay when a complaint in the internal system has not been concluded, or indeed when a complaint has not even been made, so it is important that the Bill sets out for the avoidance of doubt what is meant by the internal process having been completed. That is effected by putting the phrase “finally determined” in proposed new section 340H(1); an explanation of the term is provided in proposed new subsection (5). Several hon. Members raised that issue with me before the debate in private—I mean nothing untoward by that. I want to make it clear for the Hansard record that the phrase “finally determined” does not in any way preclude the ombudsman’s looking into the merits or maladministration of a complaint. It is simply there to make it clear that she can do that only once consideration of the complaint by the services through the internal system has been completed, and only when the applicant has asked the ombudsman to investigate in accordance with the requirements of the Bill. The phrase brings clarity.

It remains important for the ombudsman to have a reasonably clear idea of what the applicant wants them to look into, and for investigations to remain focused and proportionate. One of the amendments would insert a new subsection (4)(b) in section 340H, requiring the applicant to specify which type or types of investigation the complainant wants the ombudsman to carry out. This is not an onerous obligation, and it will help to focus the efforts of the ombudsman on what is most important to the applicant. That is connected with the amendment that would insert new subsection (1)(b) in new section 340I, giving the ombudsman the discretion to decide whether to investigate the whole service complaint or allegation, or just part of it.

New section 340H also reflects the change to the ombudsman’s ability to report on any maladministration identified during an investigation of a complainant’s allegation of maladministration. We want the ombudsman to be free to report on any other aspect of mishandling that she may come across, and have amended the Bill accordingly to make this clear throughout the relevant provisions. Our changes provide an essential clarification to the amendments agreed in Committee; those amendments would have required the ombudsman to look for any maladministration in every investigation, whether or not it had been alleged by the complainant. The amendment that we propose to new section 340H(6) clarifies the scope of this new aspect of the ombudsman’s investigative power.

It is equally important for everyone that it is clear what the ombudsman can do on completing an investigation. Her ability to produce a report with findings and recommendations is fundamental to the view that many will rightly have about whether this new role really does have teeth. The Government amendments will also fill a gap that was left when amendments were made in Committee. We would amend new section 340L to make it clear that the ombudsman must, after carrying out an investigation, prepare a report setting out her findings and recommendations. After an investigation of a service complaint, the ombudsman will need to issue findings stating whether the complaint was well founded, and will need to make any recommendations to ensure appropriate redress. The Defence Council retains responsibility for responding to those findings and recommendations, in accordance with new section 340M. The Government amendments also clarify that the ombudsman must set out any recommendations as a result of a finding of maladministration or undue delay.

This group of amendments is a relatively large one, but it is necessary to ensure that the provisions of the Bill are clear. The amendments also ensure that the drafting is coherent and complete, while giving full effect to the amendments agreed to in Committee, which had cross-party support. In a couple of important respects, which I have outlined, they also improve the amendments which were agreed to in Committee.

We could have been, shall I say, a little bit naughty. When we saw what had been voted for, we could have left it there, knowing that it did not do the job that we knew the Committee wanted it to do. We accordingly went to our draftsmen and draftswomen and we have made sure that the spirit of the Committee is now being put into law.

[Rory Stewart]

Without being too pedantic or too pompous at this point, there is an important procedural point here when we discuss being naughty or otherwise. There is an important conceptual element in setting up an ombudsman, which is showing respect to Parliament, respect to the Committee system—respect to both the Bill Committee and the Select Committee. Rather than getting into the ins and outs of politics, I encourage the Minister to see this as a great success and a great model for the way such things can go forward in the future.

[Anna Soubry]

I think the hon. Gentleman misunderstands me. We could have played politics, but I absolutely was not going to do that. My officials would not dream of such a thing, of course, but we could have done that because the amendments were not clear. I took the firm view that it was clear what the Committee wanted and that we should do everything we could to put it into effect. There was a good argument for waiting until the next armed forces Bill, but I took the view that that would not be right. It was clear what the Defence Committee wanted and what the Public Bill Committee wanted. That is why the Government have tabled the amendments. We know that that is, in effect, the will of the legislature. I am pleased to see my hon. Friend the Member for Penrith and The Border (Rory Stewart) nodding.

The amendments will give us a Bill and a process that will help our people understand when they can approach the ombudsman, on what matters and at what stage of the process, and they will give the ombudsman the teeth needed to hold the services and the MOD to account. I therefore commend amendments 1 to 21 to the House.

Armed Forces (Service Complaints and Financial Assistance) Bill

Debate between Rory Stewart and Anna Soubry

Monday 2nd February 2015 Commons Chamber

[Anna Soubry]

I disagree with my right hon. Friend’s interpretation of Dr Atkins’s views. Obviously, I have seen the Select Committee’s excellent report. I may be wrong—I am quite happy to be corrected if I am—but I do not think she said that we should go as far as thematic reviews.

[Rory Stewart (Penrith and The Border) (Con)]

As a point of information, I spoke to Dr Susan Atkins this morning and she was very clear that she believes that thematic reviews should be conducted.

[Anna Soubry]

So that is her view now. With great respect to Dr Atkins, I do not agree with her and I will—

Armed Forces (Prevention of Discrimination) Bill

Debate between Rory Stewart and Anna Soubry

Friday 24th January 2014 Commons Chamber

[Anna Soubry]

Indeed. I do not want to dwell on it for too long, but my hon. Friend the Member for Penrith and The Border made a point about those great pieces of legislation and why we introduced them. We did it because we recognised that there was a deep-seated long-standing discrimination, prejudice or intolerance that we no longer tolerated. In order to cure that great evil, those great pieces of legislation were properly passed by this place.

[Rory Stewart]

I just want to put it on the record that what I was hoping to argue—perhaps I was not articulate enough—was that that legislation has, of course, been one of the great achievements of our age and something of which we should be proud as a civilisation but it was also cumbersome, difficult, sometimes futile and sometimes perverse and should therefore not be extended too widely. As an achievement, it has been extraordinary. The change to cultural attitudes is something of which we should be deeply proud.

[Anna Soubry]

I am grateful for that intervention.

Let me turn to this Bill and why I would argue against it. It is not that I do not share any of the sentiment and many of the concerns that have been articulated. If I thought for one moment that there was the widespread prejudice, discrimination or so on against members of our armed forces in our society in the UK that is being suggested, I would not hesitate not only to support the Bill but to introduce and make the case myself. As yet, however, I have not heard such a clamour at my door as the Minister responsible for personnel, welfare and veterans.