Draft Armed Forces Act (Continuation) Order 2017

Wayne David Excerpts

Tuesday 28th March 2017 General Committees

[Wayne David (Caerphilly) (Lab)]

Diolch yn fawr iawn, Mr Owen. It is a pleasure to serve under your chairmanship.

This is an interesting statutory instrument. The Armed Forces Act 2006 created a single system of law applicable to all three services: the Army, the Royal Air Force and the Navy. As we have heard, that legislation must be renewed by an Act of Parliament every five years, and by an annual Order in Council in the interim. Because the last Armed Forces Act was passed in 2016, the draft order that it is our job to consider will extend the force of the legislation until May 2018.

Why is there a need for an annual review? The Bill of Rights of 1688 states that the Army—and now the RAF and the Royal Navy, too—may not be maintained without the consent of Parliament. The 2006 Act maintains the armed forces as disciplined bodies; without such an Act to require armed forces to obey lawful commands, that stipulation would effectively be removed. Without this statutory instrument, the armed forces would still have allegiance to Her Majesty, but the power of enforcement would be taken away.

I had been hoping that we would not take long to discuss the draft order, but when I learned that it was debated in the other place for no less than five hours, I thought that we had better have a proper debate, too—I hope Members have brought their sandwiches. However, I had second thoughts, because when I studied the debate in the other place, I found that it was used as an opportunity for general discussion of the armed forces and the change in the configuration of the world they respond to. Understandably, I did not think it appropriate for our debate on the draft order to engage with such big matters, but I will ask the Minister two questions before I sit down.

First, will he clarify the position for offenders under the age of 18? Secondly, I understand that historically the Royal Navy had a distinct disciplinary system, primarily for use at sea, but that the penalties and sanctions that once belonged exclusively to it have now been extended to the Army and the RAF. Is that an appropriate approach to discipline? The three services are very different from each other.

It is not our intention to question the draft order, because we would not want to put the future of our armed forces in jeopardy, but it would be helpful if the Minister responded—if not here, in writing—to those specific points. With those few words, I will sit down.