Armed Forces Commissioner Bill

Tanmanjeet Singh Dhesi Excerpts

2nd reading
Monday 18th November 2024 Commons Chamber

[The Secretary of State for Defence (John Healey)]

I beg to move, That the Bill be now read a Second time.

Today, the Government take a major step to strengthen support for our armed forces and the families who stand behind them. The first duty of any Government is to keep our nation safe, and at the heart of that security are the men and women of our armed forces. In this role, I have the privilege of meeting many of those men and women who serve proudly, here in the UK and around the world. I see at first hand their dedication and professionalism and some of the extraordinary sacrifices they make in defence of our nation—from the 700 personnel who rapidly deployed to Cyprus over the summer to support our contingency planning for the safety of UK nationals in Lebanon, to the 140 Royal Navy submariners who I met recently at Faslane as they completed the final leg of their sea patrol. I had to apologise that mine was the first face they saw upon arriving home after so many months. On all sides of the House, we thank those men and women for such service.

I know, too, that all Members will join me in recognising that when we talk about loved ones away from home—a spouse or parent who may be deployed at a moment’s notice to another part of the UK or the world—we are talking about sacrifices that are made not only by those in uniform, but by the family members who support them. We cannot say enough that our forces’ families live their lives in service to the nation. As such, the Bill before the House establishes an independent Armed Forces Commissioner to improve service life for our serving personnel and their families. That is significant and long overdue.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I thank the Secretary of State for giving way, and welcome his Armed Forces Commissioner Bill. As he has rightly pointed out, the Bill will allow our brave service personnel and their families to make complaints to the commissioner, but that right has not been given to bereaved family members. Can he reassure me and the House that bereaved families will also be given that right?

[John Healey]

I can indeed. Our definition of “relevant family members”, which is on the face of the Bill, will include bereaved families.

--- Later in debate ---

[John Healey]

The commissioner will be independent and separate from the chain of command, with powers that do not depend on or account to the chain of command in any way. They will have the power to make recommendations to improve service life and to set out the findings of their investigations in reports to be laid before Parliament. Their annual report will be an independent report to Parliament on the state of the forces and what we must do to improve our offer as a Government and as a nation to those who serve. It is my intention that a debate on that report becomes a regular part of the parliamentary calendar each and every year.

The commissioner and their reports will challenge Ministers, will strengthen parliamentary oversight and will raise awareness of the issues facing our forces. The commissioner will be subject to pre-appointment scrutiny by the Commons Defence Committee.

[Mr Dhesi]

The Secretary of State is being generous with his time. I note from the Bill that there is no prospect of approval being sought from the cross-party Defence Committee, although, as the Secretary of State just alluded to, there will be a pre-appointment hearing. Will he give me and the House an undertaking that if the Committee has concerns, he will listen closely to our recommendations and take action accordingly?

--- Later in debate ---

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

No one could argue with the honourable intent of the Bill: to improve service life. That is why there is widespread support for its main proposal, an enhanced role with new investigative powers. The Service Complaints Ombudsman and her predecessor have both called for powers along those very lines. This was a commitment in the manifesto on which my right hon. Friend the Secretary of State and I stood for election.

The Defence Committee published a letter last Thursday setting out our initial thoughts on the Bill, to inform the House’s scrutiny today. We had hoped to have time to take account of the views of representatives of armed forces communities, as well as the Service Complaints Ombudsman, but the pace of events made that impossible. As a result, at this stage, my remarks contain more questions than conclusions.

If the Government are to be judged by their own success criteria, the two key questions for the House are these. First, how far will the Bill go towards improving service life? Secondly, is the commissioner established by the Bill given the right powers, protections and resources to act as the strong, independent champion that our gallant armed forces and their families deserve, and that the Government have promised?

On behalf of the Defence Committee, I ask the Minister for the Armed Forces to address in his winding-up speech the points that we raised in our letter, in addition to those that the Defence Secretary outlined earlier. What are the Government’s priorities for improving the service complaints system? It is striking that the Bill contains only one change to the system, when successive ombudsmen have found that the system as a whole is not efficient, effective and fair. To bring the Bill to life, can the Minister draw to the House’s attention examples of times when the power to conduct investigations on general service matters would have improved service life, if it had existed at that time?

It would be helpful if the Minister could clarify, as far as possible, who will be able to ask the commissioner, under clause 4, to investigate a “general welfare service matter”. Will that include members of the reserve forces, family members of reservists, former partners and spouses of serving personnel, and—the Secretary of State has, thankfully, already provided clarification on this—bereaved service families? This is a matter of interest and concern to representatives of armed forces communities such as the Royal British Legion.

The independence of the commissioner will be crucial in maintaining the confidence and trust of the armed forces community.

[Dr Murrison]

I am listening carefully to what the hon. Gentleman has to say. May I tempt him to agree with me that the Armed Forces Commissioner should have his or her powers extended to veterans, on the grounds that a lot of the themes that he or she would look at would be hybrid matters that affected both the veterans community and those currently serving? At the risk of being accused of being a one-trick pony, may I suggest that the Camp Lejeune case exemplifies that point?

[Mr Dhesi]

I would never accuse my right hon. Friend of being a one-trick pony. He tempts me, but I would like to consider that point about veterans, reserve forces and so on in Committee and thereafter.

The German armed forces commissioner—the inspiration behind the Bill, as the Secretary of State highlighted—is entirely independent of the German Defence Ministry and armed forces, but that is not the case for the commissioner under the Bill. The Secretary of State will appoint and be able to dismiss. The Secretary of State will fund the commissioner and agree their staffing arrangements—I am very grateful to the Minister for his briefing this morning at the Ministry of Defence, at which I was able to highlight some of my initial concerns—and the Secretary of State will be able to constrain the exercise of the commissioner’s powers on broad grounds of national security and personal safety. So when Ministers describe the proposed Armed Forces Commissioner as independent, they must surely mean something else. Can my hon. Friend the Minister explain exactly what? And can he tell us why he has not decided to go further in ensuring the independence of the commissioner from his Department? Can he also explain how the commissioner’s resourcing requirements have been estimated, what the process would be if the commissioner asked for additional resources, and who would find out and how if the commissioner was denied resources they had requested?

The Bill arrives during a crisis in armed forces recruitment and retention, at a time when there are high levels of dissatisfaction with service life, and an unacceptable level of inappropriate behaviour in the armed forces. The Defence Committee will be delving into that in greater detail. The Bill cannot solve those challenges on its own. It would be helpful to hear from the Minister exactly where the Bill sits within a coherent strategy and a set of broader measures, so that the House can consider the Bill in context.

Expectations of the new Armed Forces Commissioner will be high. They will need to be a strong character, with the best interests of the armed forces in mind. They will need to be prepared for questions and challenge, but also to understand, win support, and change hearts and minds. Their success will likely ultimately depend on the support and trust of the armed forces, including the chain of command. What kind of person do the Government imagine filling the role? How, if at all, will the key requirements of the role differ from those for the Service Complaints Ombudsman?

I appreciate that I have asked a lot of questions of the Minister, but he is a very capable individual and he has been taking copious notes. No doubt he will be able to answer all my questions in his speech. My Defence Committee colleagues and I warmly welcome the Government’s intention of allowing the Committee to conduct a non-binding pre-appointment hearing with the Secretary of State’s preferred candidate for the role. As the Secretary of State highlighted, that is in line with practice for the appointment of the Service Complaints Ombudsman. The Defence Committee has always offered both support and scrutiny to the ombudsman, and we look forward to working closely with the new commissioner. They will, I hope, become a regular witness before the Committee. I hope that the Government will ensure the smoothest possible transition between the two roles.

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.

Armed Forces Commissioner Bill

Tanmanjeet Singh Dhesi Excerpts

Report stage
Tuesday 21st January 2025 Commons Chamber

[Helen Maguire]

This is an is an important Bill, and one that I and my Liberal Democrat colleagues broadly welcome. However, we believe that it must go further. Before turning to the detail of our proposed changes, I want to acknowledge the significance of this legislation and the opportunity it presents to deliver meaningful change for the armed forces community. I thank the Minister and his team for all the hard work they have put into bringing the Bill to the House.

The Armed Forces Commissioner as proposed in the Bill will serve as an independent and vital advocate for service personnel and their families, reporting directly to Parliament. The role is long overdue. For too long, service personnel and their families have felt neglected, overlooked and unsupported. The commissioner’s remit will include addressing a wide range of issues from unacceptable behaviours and substandard housing to equipment concerns. The power to visit defence sites unannounced and commission reports is particularly welcome, as is the consolidation of the Service Complaints Ombudsman’s responsibilities into this more robust role.

The Liberal Democrats welcome those provisions as steps in the right direction, but steps alone are not enough. Delivering a fair deal for the armed forces community is not just morally right; it is a strategic imperative. Recruitment and retention challenges directly impact on national security. We cannot allow systemic neglect to erode the morale, trust and effectiveness of those who defend our nation.

Time and again, reports from reviews such as the Haythornthwaite and Atherton reviews have highlighted the failures of previous Governments, which include failures to provide decent housing and support service families adequately or to tackle issues such as discrimination and sexual harassment. Those are not new revelations; they are systemic problems that require a new approach.

The former Conservative Government failed to deliver for our armed forces. The Liberal Democrats will continue to call for a fair deal including strengthening the armed forces covenant, ensuring that service accommodation is fit for purpose and delivering for those who put their lives on the line for our country. The Bill is an opportunity to begin addressing those issues comprehensively, and I am proud to propose amendments that would have it deliver for all members of the armed forces community.

New clause 1 seeks to extend the commissioner’s remit to include individuals going through the recruitment process. At present, the Bill excludes those individuals, but recruits can face challenges during that initial formative stage. Recruits can be asked to stay on bases overnight, and we cannot ignore that they may encounter issues during such trips. It is essential to understand those issues to retain recruits, as many currently drop out, which we assume is due to the long waits that they are currently experiencing but may stem from issues that we are unaware of. The new clause would ensure that support was available from the very start of their journey into the armed forces, not just after they sign on the dotted line.

Amendment 1 would address another critical omission. The Bill currently leaves the definition of “relevant family members” to the Government, which creates ambiguity and risks exclusion. The amendment would ensure that kinship carers and the family members of deceased service personnel were explicitly included. Those groups face unique challenges, and it is vital that they are not left behind.

The creation of the Armed Forces Commissioner is a positive development, but we need to ensure that the role is truly independent, adequately resourced and held to account for its actions. Several key issues must be addressed to guarantee the commissioner’s effectiveness. For the commissioner to function properly, they must have adequate financial and practical support. Without sufficient resources, they will struggle to fulfil their vital responsibilities. Amendment 3 would place a direct duty on the Secretary of State to ensure that the commissioner’s office is properly resourced—both financially and practically—to carry out its work effectively. That would ensure that the role would not be hampered by a lack of support.

Additionally, transparency and accountability are essential. If the commissioner is to be a meaningful advocate for service personnel and their families, their work must be open to scrutiny. Amendment 4 would require the commissioner to publish annual reports to Parliament, ensuring that their efforts are transparent and that they can be held accountable for their actions. Such reports would allow Parliament, the public and service personnel to understand the welfare issues faced by service personnel and their families.

To safeguard the commissioner’s independence and credibility further, amendment 5 would have their appointment subject to pre-appointment scrutiny by a parliamentary Select Committee. That process would allow Members of Parliament to ensure that the best person for the job is appointed. This person needs to be independent of Government influence and focused on the needs of the armed forces community. Such additional scrutiny would help safeguard the integrity of the role and ensure that it remains focused on the needs of the armed forces community.

Further, the armed forces covenant should be central to the commissioner’s work. The covenant is a fundamental framework that guides how we treat our service personnel and their families, ensuring fairness and respect in all aspects of their lives. Amendment 7 would enshrine the covenant’s principles in the commissioner’s remit, ensuring that those values remain at the heart of their mission. Given that the covenant is at the heart of how we support our armed forces, it should be explicitly included in the Bill.

It is essential that we do not delay putting the Bill into action. That is why amendment 6 would require the Secretary of State to publish a timeframe for the appointment of the commissioner within six months of the passing of the Act. Our armed forces and their families need this service urgently and cannot wait around for years for action to be taken.

Following the damning findings of the Atherton and Etherton reports, it is clear that minority groups including women, ethnic minorities, LGBT+ personnel and non-UK nationals face systemic challenges within the armed forces. The Atherton report, published in 2021, focused on the experience of women in the armed forces. Four thousand female service personnel and veterans completed a survey to inform the inquiry, and shockingly 62% of respondents had been victims of bullying, discrimination, harassment or sexual assault during their service, sometimes at the hands of senior officers. It is unacceptable that women who serve in the armed forces too often face sexual harassment or misogyny.

That issue has not been adequately addressed, reflecting a lack of moral courage within parts of the armed forces, despite good intentions across the services. Amendment 2 would require the commissioner to take specific action to consider and address issues facing service personnel from minority groups: not only female service personnel but black, Asian and minority ethnic personnel, LGBT+ personnel and those not from the UK. That would be backed by annual reporting to ensure transparency and accountability. That is essential to ensure that all voices are heard and no one in the armed forces community is overlooked.

The Bill must be part of a wider effort to improve the quality of life of service personnel and their families. Housing, for instance, remains a persistent issue. Decent housing is not a privilege but a right, and service families deserve homes that are safe, comfortable and fit for purpose. Just last week in the House, my hon. Friend the Member for Taunton and Wellington (Gideon Amos) tabled an amendment to the Renters’ Rights Bill that would have extended the decent homes standard to Ministry of Defence service family accommodation, ensuring that all members of the armed forces would have the living standards they deserve. I was beyond disappointment when the Government voted it down.

The Bill represents progress, but it is not the finished article. Although I do not wish to press new clause 1 to a vote, our proposed changes are about fairness, accountability and doing right by all those who serve and their families. Let us seize this moment to deliver real and lasting change for the armed forces community. They have given so much for us; it is time that we gave back to them.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I rise primarily to address amendment 5, just referred to by the spokesperson for the Liberal Democrats, the hon. Member for Epsom and Ewell (Helen Maguire), which would directly impact the role of the Defence Committee, which I have the honour and privilege of chairing.

Amendment 5 would enshrine in law an enhanced version of Select Committee pre-appointment scrutiny. That is significant because, in most cases, such scrutiny is a matter of political agreement rather than legislation. The Government have committed to pre-appointment scrutiny by the Defence Committee for the preferred candidate for Armed Forces Commissioner. That mirrors the existing arrangement for the Service Complaints Ombudsman, which is the only defence-related post currently subject to that form of scrutiny. The Defence Committee last conducted such a hearing in December 2024 for the current ombudsman.

It is likely that our scrutiny of the Armed Forces Commissioner candidate will be both our first and final pre-appointment hearing in this Parliament. Let me clarify the purpose of pre-appointment scrutiny. It aims to examine the quality of ministerial decision making and appointments, assure the public that key public appointments are merit-based, demonstrate the candidate’s independence of mind and bolster the appointee’s legitimacy in their role. It is crucial to understand that this process does not replicate the recruitment process—we cannot assess the candidate pool or suggest alternatives. Our primary task is to evaluate how the preferred candidate performs under public scrutiny.

[Mike Martin (Tunbridge Wells) (LD)]

Does the Chair of the Defence Committee agree that it is a question not merely of scrutiny but of approval? If the Committee, which he so ably chairs, decides that the persons brought before them are not fit for that role, is it not up to the Secretary of State to find somebody else who can obtain the approval of Committee?

[Mr Dhesi]

I thank the hon. Gentleman for his kind words. He has made a massive impact on the workings of the Defence Committee, of which he is a member. I will directly address the issue that he raises very shortly—patience is a virtue.

In the Public Bill Committee, the Minister for the Armed Forces stated that our scrutiny should be vigorous and thorough. I assure the House that, given appropriate time and opportunity, it will be exactly that. The Minister also expressed expectations in Committee for our scrutiny to go above and beyond the current process. I seek clarity on that point: how do the Government envisage the Defence Committee exceeding the current process without procedural changes? I would appreciate it if the Minister could elaborate on that. Do the Government have specific proposals to enable us to go above and beyond?

My second question for the Government is about implementation—the subject of amendment 6. Following a pre-appointment hearing, the Defence Committee will recommend either appointing or rejecting the preferred candidate. For this process to be meaningful, the implementation plan must account for the possibility, however remote, of the Secretary of State facing a negative Committee opinion, as the hon. Member for Tunbridge Wells (Mike Martin) has just alluded to. The Service Complaints Ombudsman has informed us that, under current legislation, casework processing halts without an ombudsman in post. We must avoid a scenario where rejecting a candidate would so severely impact service personnel, the ombudsman team and the broader transition that approval would become the only viable option. I seek assurances that this consideration is already part of implementation planning, so I hope that the Minister will elaborate on that point.

The ombudsman also raised broader transition concerns in her evidence to the Defence Committee just last week. I trust that the Minister is aware of these issues and is addressing them seriously. Other amendments address the commissioner’s independence, which the hon. Member for Epsom and Ewell alluded to, minority group experiences in the armed forces and the commissioner’s remit. These echo questions that our Committee has raised with the Secretary of State in our published correspondence. I hope that the Government will carefully consider these points, regardless of whether they accept the amendments.

I eagerly await the Minister’s responses to my two questions: how does he expect the Defence Committee to go above and beyond the current pre-appointment scrutiny process, and will he assure the House that the implementation plan accommodates the possibility of needing to extend the recruitment process, and will not be put at risk if the Defence Committee recommends against appointing a candidate?

[David Chadwick (Brecon, Radnor and Cwm Tawe) (LD)]

I stand to speak to amendment 2 tabled by my hon. Friend the Member for Epsom and Ewell (Helen Maguire). As the Member of Parliament for Brecon, Radnor and Cwm Tawe, I am proud to represent a constituency with a deep and enduring military history. It is home to Brecon barracks, the headquarters of the British Army in Wales, and 160th (Welsh) Brigade, alongside the Sennybridge training area, where thousands of British service members train in the Brecon Beacons.