Armed Forces Commissioner Bill

[Relevant document: Correspondence from the Defence Committee to the Secretary of State for Defence, on the Armed Forces Commissioner Bill, reported to the House on 14 November 2024.]

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.

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?

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

Of course, the other group excluded from that provision is veterans—I speak as a veteran. Why is the Secretary of State not concerned about them? Should they not come under the auspices of this new official too? An example might be those who were exposed to potential contaminants at Camp Lejeune in the US. That is a thematic investigation that the new commissioner might undertake.

Our first priority is those who serve and their families—those who are subject to service law. The range of agencies and services that support veterans is very different. A better way of improving support for veterans will be to fully implement the armed forces covenant in law, as well as the range of steps that the Minister for Veterans and People, my hon. Friend the Member for Birmingham Selly Oak (Al Carns), has already started to take. We have taken the view that the commissioner established by this Bill will give their first priority and full focus to those who are serving, as well as their families, who are also impacted by their service life.

As I have said, this Bill is significant and long overdue. It is long overdue because the forces have been badly let down for the past 14 years. The Conservatives have created a crisis in recruitment, retention and morale. Last year, the trained strength of the armed forces fell at the fastest rate for a decade—with 300 more personnel leaving than joining every month—and service morale fell to its lowest level on record. Only four in 10 of our forces personnel report being satisfied with service life. They report that the impact on families and on personal life was the leading factor influencing their decision to leave.

The Secretary of State will know that while the previous Government systematically failed, communities around the country did their best to support serving personnel and their families through military covenants. Some did that really well, while others did not. Could the Secretary of State say a little more about what role he sees for covenants in the work of the Armed Forces Commissioner, to ensure that commitments made in good faith by agencies around the country are delivered on so that serving personnel and their families can have easier, more rewarding lives?

The covenant sets out the important principle that no one who is serving, or who has served, should be disadvantaged by that service. That is why, as an Opposition party before the election, Labour supported the then Government in their partial translation of the covenant into law. The job is only half done, and we will complete it. We aim to do so through the armed forces Bill that is to come, but although the role of the commissioner will exist in the context of the covenant, they will draw their powers from the legislation before the House. Their role will be defined in this legislation, and they will become a powerful independent voice for those who serve and the families who stand behind them.

Both our forces and their families have been failed for too long. That is why the Government are determined to renew the nation’s contract with those who serve. It is why the Government are putting people at the heart of our defence plans, and why I am now introducing this legislation as a priority in the first legislative Session of this Government.

We cannot reverse those deep-set problems overnight, but our mission is to lift military morale, and in these first four months we have been getting on with that job. We are investing in our servicemen and women, giving them the highest pay rise for over 20 years. We are putting forces families first, expanding childcare for forces families overseas. We are starting to fix forces recruitment with new recruitment targets, cutting red tape and a new direct cyber-route to recruit into the armed forces. We are also improving service life by introducing this Bill in Parliament to establish the Armed Forces Commissioner—a Government delivering for defence and delivering our manifesto commitment to establish that commissioner as an independent champion for our forces and their families to improve service life.

The commissioner will be a direct point of contact for serving personnel and their families, who will be able to raise concerns that may impact on their service lives and their ability to serve: everything from kit to food, housing, medical care, study programmes, promotions, childcare and support for spouses in work. The role is inspired by the long-established German parliamentary commissioner for the armed forces, which enjoys cross-party support in the Bundestag and support across the military. Dr Eva Högl, the current commissioner in Germany, told me:

How does the Secretary of State envisage the commissioner standing alongside others in the armed forces in terms of the chain of command? Has an assessment been made on that?

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.

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?

I am grateful to the Select Committee’s Chair for intervening on this point. The legislation and what I propose reflects the current arrangements and practices in Parliament. I am keen that the Committee exercises the toughest pre-appointment scrutiny—we need to appoint somebody who can do the job as a fearless, independent champion—and I will certainly listen closely to and take close note of the Committee’s views in any pre-appointment hearing.

The Bill also provides for the commissioner to absorb the existing powers of the Service Complaints Ombudsman. Of course, the ombudsman’s role is too narrow: it is entirely reactive, it can consider formal individual grievances only after the service complaints system has been completed, and then it can judge only whether that process has been reasonable. I expect that the Armed Forces Commissioner will challenge us to do better in the service complaints system and widely across service life. I expect that the commissioner will develop strong views on improving the service complaints system, and I believe that the future Armed Forces Bill will offer us the right opportunity for that, should primary legislation be required.

This is landmark legislation to establish an independent Armed Forces Commissioner with the mission to improve service life. There will be, for the first time, a champion for our armed forces; for the first time, a champion for forces families; and for the first time, a champion with serious powers to access every part of service life, who will report in public to Parliament. I commend the Bill to the House.

I call the shadow Secretary of State.

At all times, and on both sides of the House, we should want to ensure that our armed forces have our back and that their morale and the offer from the MOD is as strong as possible. The Opposition recognise that the Bill introduces a manifesto commitment for which the Government have a clear mandate and, moreover, that it creates a new mechanism by which the MOD intends to boost the day-to-day experience of our armed forces personnel. No one could disagree with that goal. While it remains to be seen exactly how the Bill will deliver in practice, we will not oppose it but will be a constructive, critical friend, because the least that those who bravely put their lives on the line to defend our country deserve is proper scrutiny from Parliament in matters of legislation and the armed forces.

Of course, there are areas of welfare not directly affected by the Bill where we want to see further progress, but, in terms of the Bill’s provisions, we wish to probe a number of matters. At face value, there is clearly merit in seeking to ensure extra accountability for how welfare matters are conducted in the forces. I note in particular, as the Secretary of State just stressed, that the commissioner will explicitly not be drawn from the ranks of either the military or the civil service, precisely in order to deliver genuine independence.

In many ways, that provision is not dissimilar to the principle that I wanted to see in the integrated procurement model back in February, with the idea of a second opinion in procurement, not least from the Defence Science and Technology Laboratory and the science base—the point being to ensure that major procurement programmes and the requirement request from the single services could similarly be subject to genuine challenge and transparency. After all, the Sheldon inquiry focused on transparency and openness as key tools to guarding against the bad culture that can pertain without confidence for military personnel and officials to come forward and air their concerns—what we call being “psychologically confident”.

Does my hon. Friend agree that it is just not fair on the small businesses that are independent schools, such as Warminster School in my constituency, which traditionally have taken a significant number of service pupils, to have that level of uncertainty about what the school roll will look like in January?