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

Viscount Trenchard Excerpts

Monday 23rd June 2014 Lords Chamber

[Viscount Trenchard (Con)]

With your Lordships’ leave I would like to speak briefly in the gap. I hesitate to speak in a debate in which so many noble and gallant Lords have spoken because my own military experience is but nothing compared with theirs. When I was a Territorial Army officer in the 1970s the idea that there would be an independent complaints process was so far away from the reality of how we saw things that people would have laughed. If you did not like what was done you would just leave and not turn up at the drill hall next time. I realise that things have moved on and that we live in a much more litigious society, and I am very well aware of that in my present honorary role as an Honorary Air Commodore of 600 (City of London) Squadron Royal Auxiliary Air Force.

I am very grateful to my noble friend the Minister for introducing this debate. I, too, took considerable comfort from his assurances that complaints should be heard and determined at the lowest appropriate level, and that nothing should be done that would weaken the absolute integrity of the chain of command. I readily acknowledge that service complaints panels, including the use of independent members, have been found to be useful and have provided for more transparent decision-making. Service complaints panels are generally not thought to have undermined the chain of command. Is my noble friend absolutely certain that the ability of the putative SCO—the ombudsman— to direct the Defence Council will not have the potential to undermine the chain of command? I must admit that I fear that the upgrading of the commissioner to an ombudsman does of itself seem to challenge the essential premise that the Armed Forces should retain responsibility wherever possible for handing their own complaints within the services.

The Bill changes the process in other ways. It reduces three appeals within the service to just two chances. I am persuaded that streamlining the process is necessary but I wonder whether that will be helpful. I think that it will have the effect of reducing the amount of judgment of decision-making that is done within the service and increasing the amount that is done independently outside the service. Again, on the face of it that would seem to undermine the power of the chain of command. How can a service preserve the ability to hold a service complaints panel without referral to the ombudsman or without there having to be maladministration of the service complaint? Will the service have discretion to determine the level at which a service complaint is best dealt with? Oral hearings are useful to clarify disputed facts. Will there be provision in the new system for oral hearings? The ombudsman’s costs will rise as a result of additional work necessary to enable her to determine whether there has been maladministration of a service complaint.

Clause 4 is very welcome. The extent to which the main established military charities, in addition to providing assistance to their Second World War and other veteran communities, now provide direct help to the serving Armed Forces is not widely appreciated or understood. The RAF Benevolent Fund, which I had the privilege to chair for eight years has provided more than £20 million to fund childcare centres on all the principal RAF stations. In addition, we provide substantial sums for games areas and Relate counselling for those whose relationships are under strain, often as a result of separation. As the noble and gallant Lord, Lord Craig of Radley, told the House, this is a completely different subject. Nevertheless, I very much welcome it.