Armed Forces Bill

Simon Hoare Excerpts

Consideration of Lords amendments
Monday 6th December 2021 Commons Chamber

[Leo Docherty]

I thank my hon. Friend for her question and for her comments about my hon. Friend the Member for Wrexham. The advantage of having a choice between civil or military jurisdiction relates to the possibility of a serving person being involved in a case of rape in which their welfare would be undermined by it being heard in a civilian court because of the slower process of the case and the fact that its being heard in the civilian jurisdiction might impede any postings or normal career progression. My principal point relates to the welfare interest of alleged victims, where having agility and choice is advantageous.

[Simon Hoare (North Dorset) (Con)]

Who chooses the jurisdiction in which such a case is heard? What grounds would they hear to inform that choice?

[Leo Docherty]

The civilian prosecutor always has the final say.

It is clear that Lords amendment 2 fails to recognise the purpose of this legislation. The new covenant duty works by requiring listed public bodies to have due regard for the principles of the armed forces covenant when exercising a relevant housing, education or healthcare function. This amendment seeks to add the Secretary of State to the list of public bodies but, of course, none of the housing, education or healthcare functions is a function of the Secretary of State. This amendment would therefore not serve any meaningful purpose.

Of course the Secretary of State, like other Defence Ministers, is entirely accountable for delivering the armed forces covenant and reports annually to Parliament to that effect, and he answers Defence questions and attends other parliamentary events. In designing the covenant duty, we carefully considered which functions and policy areas the new duty should encompass, including those that are the responsibility of central Government. We were mindful that central Government are responsible for the overall strategic direction of national policy, whereas responsibility for the actual delivery of nuts-and-bolts frontline services and their impact generally rests at local level. The inclusion of central Government, by naming the Secretary of State in the scope of the duty, is simply not necessary.

The other vital element of our approach rests with the new powers granted to the Government to add to the scope of the duty, if need be. The new covenant duty is evergreen and can effectively adapt to the changing needs and concerns of the armed forces community. We continue to engage with the Covenant Reference Group, which is made up of independent representatives from service charities, such as the Royal British Legion, and officials from local, devolved and central Government. This will feed into our existing commitment to formally review the overall performance of the covenant duty following this legislation. The review will be submitted to the Select Committee on Defence and will also be covered in the covenant annual report.

Furthermore, the Bill requires that the statutory guidance in support of the covenant duty is laid before Parliament in draft so colleagues can inspect and scrutinise it before it is brought into force. Ministers and the Ministry of Defence will continually be held to account on the delivery of the armed forces covenant.

--- Later in debate ---

[Simon Hoare]

My hon. Friend is making a powerful argument and I certainly think that these issues are best dealt with in the civilian courts, but where I have a problem with the Lords amendment is in respect of the power invested in the Attorney General. I am not sure that the Attorney General, as a Law Officer, should have that power. I would welcome my hon. Friend’s comments on that.

Armed Forces Bill

Simon Hoare Excerpts

Consideration of Lords message
Monday 13th December 2021 Commons Chamber

[Leo Docherty]

The House knows that this Bill is vital: it renews the Armed Forces Act 2006, so that the armed forces can continue to operate and enforce a system of discipline, and it also fulfils our commitment to further enshrine the armed forces covenant into law.

On Lords amendment 1B, we have been listening to hon. Members here and in the other place. The Government recognise the fact that all Members of this House want to do the best for our armed forces and to ensure that criminal wrongdoing is robustly addressed for the sake of our forces and for the victims of crime. We are particularly mindful about the prominence that statistics have recently played in this debate. The Government have always welcomed scrutiny of our own performance and the role that parliamentarians have in performing that scrutiny. We should ensure that the statistics that we use are clear, transparent and cover the most serious offending that Parliament is concerned about. I am happy to confirm that we will therefore commit to an expansion and an improvement of our existing annual statistical update on sexual offending in the armed forces to include other serious offences.

Our bulletin in spring 2022, in addition to reporting on rape statistics, will now include granular data on cases of murder and manslaughter, and, for sexual offending, those cases involving personnel serving in the armed forces who are under 18 at the time of the offence. Furthermore, from January 2022, we will start to record separately information about domestic violence and child sexual abuse in the service justice system, so that those, too, can be reported on in our spring 2023 bulletin.

These bulletins will include information relating to police investigations, as well as court martial proceedings, meaning that all data related to the categories of serious offences referred to in the amendment of Lord Thomas of Gresford will be included. This will include: the number of reported incidents; how many cases are referred from the service police to the service prosecution authority; how many cases the service prosecution authority are able to prosecute; how many cases go to court martial; and how many cases result in a guilty verdict. We believe that this will increase the transparency of, and the confidence in, the service justice system, and we welcome this scrutiny. Greater reporting will demonstrate the good work that we are doing through this Bill, not least the establishment of the defence serious crime unit, and it is right that data is available to hold Government to account.

[Simon Hoare (North Dorset) (Con)]

I have been listening very carefully to what my hon. Friend has to say. He has talked about the need for transparency, and, clearly, that is demonstrable and welcome. On the reports to which he now refers, he obviously hopes that they will make his case for him as they are published. If they do not, what happens then, other than just becoming tomes to gather dust in his or his successor’s office or in the Secretary of State’s office? In practical terms, what will be done to change the policies?

[Leo Docherty]

I reassure my hon. Friend that we will keep this under review. We are prepared to be judged by our performance.

[Simon Hoare]

I tell my children that I keep a lot of things under review, knowing full well that I will never acquiesce in what they are asking for—I hope they are not listening this evening. I know that my hon. Friend understands that this is a serious point for many of us. Keeping something under review, to ask us now to support the Government’s line, is laudable, but we need a bit more flesh on the bones as to what happens if the data in this report does not land where he and I—let us be frank—would hope that it would. One can keep something under review, but if there is no promise to come back with changes to the legislation, that is a pie-crust promise.

[Leo Docherty]

I expect the data to justify our confidence in the service justice system. My hon. Friend knows that the Government believe very strongly that the SJS needs to retain the full complement of capability because our armed forces are expeditionary by design and our justice system also needs to be expeditionary. He may not mean it sincerely when he deals with the children, but he will see that in my remarks this evening we certainly are sincere in our position.