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.