Armed Forces Bill

John Bercow Excerpts

Wednesday 19th October 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for Defence (Mr Andrew Robathan)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Speaker]

With this it will be convenient to consider Lords amendments 2 to 5.

[Mr Robathan]

This group of amendments deals with the armed forces covenant report. Amendment 1 reflects the concerns in the other place about what some considered to be an unfortunate juxtaposition that would result from inserting the armed forces covenant report clause in the Armed Forces Act 2006 directly after section 359, which deals with pardons for soldiers executed during the first world war. This Lords amendment, which the Government accept, will have the effect of moving the clause to a different position in new part 16A to the Armed Forces Act 2006, and the new part will be entitled “Armed Forces Covenant Report”. So, for the future, the covenant report will have its own part within the legislation. I commend this change to the House.

Lords amendment 2 deals with inquests. It responds to the views expressed in this House and in the other place about the desirability of including the operation of inquests in the list of topics to be covered in the armed forces covenant report. It addresses an issue that is close to the heart of many right hon. and hon. Members. Our intention has always been that, when the Defence Secretary prepares the annual report, he should have regard to the whole range of subjects within the scope of the armed forces covenant, including the operation of the inquest system for bereaved service families.

We have listened very carefully to the concerns expressed in both Houses and we have decided to accept the amendment. In so doing, I wish to put on record our understanding of what the amendment envisages. The effects of service that the Defence Secretary could cover as a result of this amendment could encompass a wide range of inquests for both veterans and serving personnel. In accordance with his understanding of what the amendment envisages, the Defence Secretary will exercise the same discretion on this topic as on the other mandated topics—namely, he will consider which groups of service people and which aspects of the operation of inquests it is appropriate to cover in his report.

Quarterly ministerial statements on military inquests are already provided to Parliament; indeed, they have been since 2006. They are accompanied by detailed tables outlining progress in conducting an inquest for each fatality resulting from operations in Iraq and Afghanistan. Notwithstanding the wide range of potential issues, our expectation is that in current circumstances the annual report will focus on similar matters to those covered in the quarterly statements. Our understanding of what the amendment envisages is that it is intended to be broad, but that there are matters that should not be covered in the annual report.

Members are well aware that inquests and coroners are independent of Government. In so far as the Government provide a legislative framework for inquests, this is a matter for the Ministry of Justice, so I wish to make it clear that the Defence Secretary will not report on matters concerning the general operation of the inquest system, but only on those that affect service people.

It is clearly essential that investigations into the deaths of service personnel are treated equally in the annual report, regardless of where they are held in the UK. So, where appropriate, the Defence Secretary will under his general powers under this clause report on matters relating to the operation in Scotland of fatal accident inquiries into the deaths of service people. Inquests are a crucial part of how we support those who died in the service of their country. This amendment emphasises the debt we owe to the members of our armed forces who have given their lives and to their families. I urge the House to agree to it.

I deal now with the three Government amendments 3 to 5. These relate to the involvement of other Government Departments and the devolved Administrations in the preparation of the annual report. The fact that there are three separate amendments simply reflects the advice that the proposed new section of the Act was becoming too long and should be split up. It has no other significance.

During the Bill’s passage much attention has been paid to the relationship between the Secretary of State for Defence, who will be responsible for laying the annual report before Parliament, and the Ministers and Departments responsible for delivering many of the services discussed in that report. The annual report will of course be on behalf of the United Kingdom Government as a whole. However, the Government have responded to concerns expressed in both Houses, and the amendments introduce a framework enabling Parliament to be absolutely clear about who is contributing what to the report.

The Defence Secretary will in future be under an obligation to obtain the views of the relevant Departments on the matters covered in the report, and to seek those of the relevant devolved Administrations. That difference in emphasis reflects the different constitutional position. We are working with the devolved Administrations on the covenant, not imposing new duties on them. The Defence Secretary will be required to set out those views in full, or to obtain the Department’s agreement to any summary of their views. If the devolved Administrations have not contributed to part of the report, the report will make that clear.

I also draw the House’s attention to a number of undertakings given in another place on 4 October by my noble Friend Lord Astor of Hever on how the annual report will be prepared. In particular, the Government have made a commitment to consult the covenant reference group at an early stage on the issues that will be addressed in the report. The amendments, together with those commitments, underline our determination that the preparation of the annual report should be an inclusive and transparent process, so that Parliament can rely on its highlighting the key issue of the day. I commend them to the House.

Lords amendment 1 agreed to.

Lords amendments 2 to 5 agreed to.

After Clause 23

Commonwealth Medals

--- Later in debate ---

[Stephen Pound (Ealing North) (Lab)]

When I was awarded the Order of Merit, officer class, by the President of the Republic of Poland, I received, without any solicitation, a letter from Buckingham palace signed by Her Majesty’s representative saying that I could wear the Order of Merit, officer class, of the Republic of Poland anywhere in the United Kingdom. Does my hon. Friend agree that it seems a little unfair that former members of the Royal Green Jackets regiment in my constituency cannot wear the medals that they earned in conflict whereas I, without asking, have been given permission to wear the OM, officer class, of the Republic of Poland?

[Mr Speaker]

Order. The distinguished career history of the hon. Gentleman will be of continuing interest and indeed fascination, but I know that in responding, the hon. Lady will wish to remain in order.

--- Later in debate ---

[Stephen Gilbert]

The hon. Gentleman is entirely right. The Liberal Democrats support the national defence medal and a thorough review that will deliver consistency for the awarding of all medals for members of our armed forces. It is absolutely right that for people joining our armed forces it is as much a calling for them as it is a job. It is right that we give them the recognition they deserve for their bravery in standing up for our freedoms. It is absolute hypocrisy for a former Minister sitting on the Opposition Front Bench, who was chuntering under his breath and saying that the reason they changed their view—

[Mr Speaker]

Order. I say to the hon. Gentleman that no allegation of hypocrisy against an individual hon. or right hon. Member should be made. I feel sure that he is not imputing such motives, but if he is perhaps he would withdraw his remark.

[Stephen Gilbert]

If that is what the record shows, Mr. Speaker, I of course withdraw the remark.

There is a level of disingenuity, shall we say, in a party that had 13 years to act on this issue but failed to do so now seeking to make political capital from it. It is important that we get this right for all the men and women who serve in our armed forces and that we do so in a considered way. That is why we disagree with the Lords tonight.

[Mr Speaker]

Order. I do not know whether the Minister is seeking to respond to the debate. No? He is not obliged to, as the Government have set out their position.

Question put, That this House disagrees with Lords amendment 6.