Armed Forces Commissioner Bill

Clause 1

Armed Forces Commissioner

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

With this it will be convenient to discuss:

Lords amendments 2 and 3, Government motions to disagree, and Government amendment (a) in lieu.

Lords amendments 4 to 7.

I am delighted that the Armed Forces Commissioner Bill has returned to the House. I rise to speak to Lords amendments 1, 4, 5, 6 and 7, which were proposed by the Government in the other place, as well as Lords amendments 2 and 3, which were proposed by the Opposition and to which we have proposed an amendment in lieu to strengthen them.

Before I start, I would like to recognise the publication of the strategic defence review yesterday, which signifies a landmark shift in our deterrence and defence. We made clear then, as I do today, that our people are at the heart of defence. The strategic defence review sets out our mission to look after our people better, to unlock their full potential, and to build a “one defence” culture that is focused, inclusive, respectful, and centred on valuing all contributions. The establishment of an Armed Forces Commissioner is a key part of that mission.

I thank all Members of both Houses for their scrutiny of this important piece of legislation. It is a landmark step in this Government’s commitment to renew the nation’s contract with those who serve and to strengthen support for our armed forces and the families who stand behind those who serve our nation. I extend my thanks in particular to Lord Coaker, the Minister in the House of Lords, for his invaluable support and collaborative approach in guiding the Bill through the other place. I also thank Baroness Goldie, the Earl of Minto, Baroness Smith of Newnham, Lord Stirrup, Lord Stansgate, Lord Browne of Ladyton, Lord Beamish and Baroness Newlove, to name just a few who made valuable contributions in the other place on this important piece of legislation.

Seven amendments were made to the Bill in the other place. Before I turn to them, I remind colleagues that this Bill is part of a manifesto commitment made by Labour during the general election to improve the service life of all those who serve and, importantly, to provide for the very first time an opportunity for family members to raise concerns about service welfare as well.

I think all of us in the House very much welcome the Armed Forces Commissioner. We have a new commissioner in Northern Ireland who is doing an excellent job. There is also a role for local councils to deliver the armed forces covenant. For councils in Northern Ireland that are perhaps hesitant—I am being very gentle with my words here—to fully integrate the covenant, will they be encouraged to embrace in totality the opportunities that the Bill provides? Everything in the Bill is good, and I think the Government need to be congratulated on all they are doing.

I thank the hon. Gentleman for his intervention. Implementing the armed forces covenant is something that this Government feel strongly about. That is why we are bringing forward legislation that will implement the armed forces covenant fully into law on a national basis, so that it grips not just on local authorities but on central Government. There is real merit in implementing the armed forces covenant at a local level. There are pockets of best practice nationwide—not just in military cities like Plymouth, which I represent, but across the country. It can also be of benefit to councils and communities, so I would encourage him to continue his campaign to ensure that the covenant is properly implemented.

For too long we have heard stories of bad experiences that have gone unchallenged, some resulting in tragedy. The Defence Secretary has made it clear from his first day in the Department that there will be zero tolerance for this type of behaviour. That is why we are acting, and that is why I hope that the whole House will support this vital endeavour and the amendments to the Bill.

I invite the House to agree to Lords amendments 1, 4, 5 and 6, which were made by the Government in response to suggestions made by the Delegated Powers and Regulatory Reform Committee. They have the effect of fully implementing the Committee’s recommendations to change the regulation-making power to define relevant family members contained in the Bill from the negative to the affirmative procedure.

I recently met the mother of Jaysley Beck, who tragically took her own life after being sexually assaulted and abused within the services. I was really impressed by her mother’s strength and her campaign. Does the Minister agree that the Bill will give more powers to family members, and that maybe we can avoid these tragic incidents in future?

I thank my hon. Friend for raising a serious case and a real tragedy, not just for the family of Gunner Beck but our entire armed forces. It needs to be a wake-up call, where we recognise that the behaviour within some of our services is unacceptable and that we need to make improvements. For that very reason we must continue to support the Armed Forces Commissioner Bill, because it will enable family members as well as those serving in uniform to raise genuine service welfare complaints with the commissioner.

It will not solve every problem we have with the culture in our armed forces, but it provides a route for individuals to raise concerns outside the chain of command with an independent champion. My hon. Friend mentions a conversation she had with Gunner Beck’s family, and I would be happy to meet my hon. Friend to discuss that to make sure that we properly learn the lessons that defence needs to learn.

I am proud to come from a naval family and to say clearly from this Dispatch Box that the families of our armed forces matter. For the very first time, this Bill will give them a say and allow them to raise concerns. Family members are a crucial element of the commissioner’s remit, and we agree that the definition of a relevant family member should be subject to parliamentary debate and approval. The Liberal Democrat spokesperson, the hon. Member for Epsom and Ewell (Helen Maguire), raised that point on Second Reading, and we support it. We are moving it from the negative procedure to the affirmative procedure, which will enable that discussion to take place.

Lords amendment 7 is a technical amendment that is consequential on clause 3, and I invite the House to support it. Clause 3 amends section 340B of the Armed Forces Act 2006 to specify that a “person” rather than only an “officer” may decide whether a service complaint is admissible. This is an evolution of the way that the service complaints system has worked and is a prudent change to make.

The Minister mentions family members and other individuals raising complaints, but some of the complaints will be about devolved issues such as health, education and other issues that affect families. Can he reassure me that the Armed Force Commissioner will have an effective method of working with the devolved Administrations to make sure that the concerns of armed forces across the UK can be addressed?

My hon. Friend is right that defence is a reserved matter, and so it is appropriate for this place to introduce a UK-wide Armed Forces Commissioner. It is also right that whoever is appointed to the role of Armed Forces Commissioner is able to raise issues of concern with the Administrations in every part of the United Kingdom—whether it is London, Edinburgh, Cardiff or Belfast. Equally, they should be able to engage with local councils. The Armed Forces Commissioner role builds on the work of the Service Complaints Ombudsman, who already has a good working relationship with the devolved Administrations, so I am certain that whoever is appointed to role will be able to build on that and make sure that, for instance, if a housing issue is highlighted by someone based in Scotland, that can be raised with the appropriate individuals in the Scottish Government.

Lords amendment 7 will ensure that the language in section 340N of the 2006 Act is also updated from “officer” to “person” so that there is no inconsistency in the legislation.

I will now turn to Lords amendments 2 and 3 and the debate that took place in the other place about whistleblowing. I thank Baroness Goldie, one of the previous Defence Ministers in the House of Lords, in whose name the amendments were tabled, for her characteristically considered and constructive contributions to the Bill’s passage and for raising a serious issue. The amendments seek to introduce a new general function for the commissioner

“to investigate concerns raised by a whistleblower in relation to the welfare of persons subject to service law and their relevant family members,”

and to define the term “whistleblower” for the purposes of this Bill.

We believe that the amendments, while well intentioned, are unnecessary because the Bill is already designed to provide a voice for armed forces personnel and their families outside the chain of command. The commissioner can already investigate any general service welfare matter that they choose; anyone can raise an issue with the commissioner, including the type of person defined in Baroness Goldie’s amendment; and the commissioner is independent, sits outside the chain of command and the Ministry of Defence, and reports directly to Parliament and not to senior officers nor to Ministers.

I acknowledge the many merits of the Bill. However, it seems that Baroness Goldie was seeking to ensure that women such as those abused at the army college in Harrogate, near my constituency, and other victims have a clear and well-known route called whistleblowing. I urge the Government to not underestimate that whistleblowing presents a real opportunity to encourage people to come forward.

The right hon. Gentleman is exactly right that the entire Bill, to an extent, is about whistleblowing, because it allows anyone in our armed forces and their relevant family members to raise a concern outside the chain of command. Effectively, that is the very heart and soul of what we propose in this legislation.

I will come to the amendment in lieu in a moment, but certainly, with that, we seek to strengthen the provisions that Baroness Goldie’s amendments propose. We agree that there is an issue that needs to be addressed within our armed forces and we recognise that there are behaviours that are unacceptable. The Ministry of Defence’s Raising our Standards work, which the Minister for Veterans and People leads on, is an important part of providing an opportunity for everyone who serves to raise those concerns and have confidence that they can do so within the chain of command, but where they feel unable to do so, there will be a route available to them through the Armed Forces Commissioner to raise those concerns. Equally, as I just mentioned to my hon. Friend the Member for Barrow and Furness (Michelle Scrogham), this is about the ability of family members, who may feel less constrained by the chain of command or the structure of the armed forces, to do so on behalf of their family unit. I entirely understand the purpose of the amendments and I agree with their spirit, but we seek to strengthen them in the amendment in lieu.

One of the key parts of the amendments was to ensure that anyone who raises a concern will have their identity protected. It worth noting that the Armed Forces Commissioner will be bound by the data protection legislation that this House has passed, meaning that the personal information and details provided by anyone who contacts the commissioner will be subject to stringent controls.

On the specifics of the word “whistleblower”, we all understand what we mean when we hear that term, and it is important that we provide opportunities for those within our services to raise concerns. However, it is not completely straightforward from a legal point of view how that is enacted in this piece of legislation. Although there is some limited precedent for the use of the term, there is no single meaning and it requires additional context to explain what it means in each case. That means some technical changes are required to Baroness Goldie’s amendment to make it operable within the Bill, which is why we seek to strengthen it.

The Minister is absolutely right. We have to have that zero tolerance approach, not only because it is right for our service personnel who sacrifice so much and for their families, but because it strengthens our whole armed forces. That is why it was so important to see that focus on personnel in the strategic defence review. Will the Minister reflect briefly on the connection between the Armed Forces Commissioner and the strategic defence review in turning around the issue we have had with retention in our armed forces and finally getting to grips with that crisis?

Certainly, the consequence of one of our proposed objectives with the Bill—making it easier for people to raise an issue about service life and to have that addressed—is improved retention. We know that people have concerns about service life. Housing is a good example, and yesterday’s strategic defence review allocated £1.5 billion to improve it. However, we need to make sure that we are reflecting on our approach, and for me there is a good reason we do so, which is based on warfighting. In the event that our people are asked to commit to combat, every member of our forces should know that regardless of the skin colour or religion of the people standing beside them in the trench, or of who they love, they will have their back, and they will have their back consistently. That equality of service is vital to military discipline and to upholding our values, and it is also something that we still need to work on. For that reason, we need to make sure that the Bill passes and can be implemented swiftly.

We want people to trust the commissioner and feel confident that their issues will be addressed and that they will not face any negative consequences as a result of coming forward. As such, I have tabled an amendment in lieu that would go further than Baroness Goldie’s amendments and ensure genuine protection in respect of reports prepared by the commissioner, preserving the anonymity of individuals who make complaints.