Luke Pollard MP: speeches

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Speeches

19 Dec 2024 · Ukraine · Hansard source
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I am grateful for my hon. Friend’s support for the military package outlined today. The UK Government will increase defence spending to 2.5% of our GDP, and a path for that increase will be laid out in due course at future fiscal events. We will publish the strategic defence review, which will set out, perhaps more importantly, what we seek to spend any money on; we can then look at what capabilities we need to develop and how that takes us further. We continue to speak with our NATO allies through the SDR process, to make sure that the UK’s defence offer is a “NATO first” offer that allows more interoperability and supports our NATO allies, especially on NATO’s eastern flank. I look forward to being able to speak more about that in due course to my hon. Friend’s Committee.
19 Dec 2024 · Ukraine · Hansard source
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I thank my hon. Friend for his questions. It is certainly true that the assessment we have made of troops from the Democratic People’s Republic of Korea engaging in combat is a concerning development. It is a dangerous escalation and expansion of Putin’s illegal war against Ukraine, and is further proof that he has no interest in peace. We will continue to monitor what takes place there. My hon. Friend will understand if I do not go into the precise collection methods as to how we came to that assessment, but it is certainly a sign of further Russian weakness that it needs to rely on North Korean troops in the operations it is undertaking in Kursk oblast. Secondly, on why this matters, I would pose a question that is always useful when thinking about this conflict: do we think Putin would stop if he won in Ukraine? I think we all know the answer. His illegal war would continue against the Ukrainian people, as would his threats against NATO allies, especially those on NATO’s eastern flank. His malign influence would continue to extend to subversion of democracies through attacks on critical infrastructure and cyber-attacks on NATO allies, including the United Kingdom. That is why we have cross-party unity in our support for Ukraine: Ukraine’s security is the United Kingdom’s security.
19 Dec 2024 · Ukraine · Hansard source
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I thank the hon. Gentleman for his question and for his service to our country. He is right that we are seeing huge changes in the way that war is conducted in Ukraine, but we are also seeing developments in how technology and different skills can be brought together. A few years ago, I am not sure that many in uniform would have welcomed the suggestion that playing on a PlayStation could train people for military combat, yet we do now see gamers in Ukraine applying their skills to flying first-person view drones through difficult scenarios on the frontline in support of their freedom. It is precisely those lessons that the SDR is seeking to capture. We are using not just lessons from the war in Ukraine, but experience with Russian malign influence elsewhere around the world to inform the SDR. My hon. Friend sitting next to me on the Front Bench, the Minister for Veterans and People, feels—how shall I put it?—incredibly strongly about drones, and I am absolutely certain that the SDR will include a greater role for not only drones warfare but training around drones and modern warfare, as well as a greater role for autonomy in all domains.
19 Dec 2024 · Ukraine · Hansard source
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I join my hon. Friend in thanking all those families across the country—those in his constituency, those of everyone here, and those in Plymouth—who have supported the Homes for Ukraine scheme and those Ukrainians getting to safety. As of 16 December, 218,600 Ukrainians have arrived in the UK, including just under 160,000 via the Homes for Ukraine scheme. Our new Ukraine permission extension scheme will open on 4 February 2025, as announced at the end of October. That will provide an additional 18-month permission, and access to the same rights and entitlements as the current Ukraine schemes. It is really important that as well as lending support to Ukrainians in Ukraine, we support those Ukrainians in the United Kingdom. I thank all the people who are working so hard in particular to ensure support for those families in the United Kingdom today.
19 Dec 2024 · Ukraine · Hansard source
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The joint expeditionary force is an important part of the complementary military alliance with NATO, enabling the beer-drinking nations of northern Europe, as they are often described, to come together. It is important that that geographical centre point in northern Europe is maintained, especially in the Baltic sea and the high north. However, there are discussions around learning lessons by Ukraine having more participation alongside JEF nations. It is certainly true that many of the JEF nations have been the most forward-leaning of all our NATO allies in providing support for Ukraine, and I expect that to continue.
19 Dec 2024 · Ukraine · Hansard source
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I thank my hon. Friend for his work in support of Ukraine. He is a consistent champion, working cross-party, too. It is right that we seek to improve and grow our technology, especially around drones and in autonomy. The treaty we signed with Ukraine enables it effectively to use Defence Equipment and Support as its own procurement agency to initiate more contracts, more quickly, not only enabling support for Ukrainian industry, but allowing UK industry to work with it to deploy more capabilities faster. He is absolutely right that the pace of change in Ukraine means that we need to continue to invest in research and development, and to learn the lessons. That is one reason why the Defence Secretary made the announcement about retiring the British Army’s Watchkeeper system—a 14-year-old drone—in favour of more modern systems that we hope to be able to announce in the SDR.
19 Dec 2024 · Ukraine · Hansard source
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It is certainly true that this Government will continue to support Ukraine, and to encourage more of our NATO allies to donate to Ukraine and to improve their own defences, so that we act as a deterrent, and so that the experience of Ukraine is not inflicted on any other NATO members. I hope that more Ukrainian people will hear the Christmas message of peace and hope as we go into next year, but it will be a very tough Christmas and new year for many of them. I assure my hon. Friend that there will be no change in UK support for Ukraine, whatever happens over the coming year. We will continue to work closely with our European and NATO allies to make sure that what we are providing to Ukraine, including in training and support, will enable them to stay in the fight and be in the best possible position for the future.
19 Dec 2024 · Ukraine · Hansard source
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I thank the hon. Gentleman and his party for their support for Ukraine and for the united front this House has presented and continues to present for Ukraine. Discussions with our European friends on frozen assets are a matter for the Treasury, but I know that Treasury colleagues are continuing conversations to ensure that when the United Kingdom makes a move on particular areas of sanctions or assets, it is replicated by our friends. Indeed, the sanctions we have implemented on Russia’s shadow fleet have been replicated by a huge number of our European and other international allies, to ensure that there is no place for that trade. I am concerned by what the hon. Gentleman says, but I know that the Treasury has been working further with the Foreign Office on how we can strengthen sanctions. However, I am very happy for him to write to me with further details on that. The hon. Gentleman mentioned technology coming from further afield. It is not just technology developed in Asia that we need to worry about; we also need to worry about technology developed in Iran, which goes directly to the frontline and is used by Russian forces to target civilian infrastructure in Ukraine. That is why we continue to take action against Iranian weapon transfers to Ukraine, too.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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Clause 3 amends section 340B(2)(a) of the Armed Forces Act 2006 to specify that a specified person may decide whether a service complaint is admissible, rather than the function needing to be carried out by an officer. The clause will allow civilians, in addition to military personnel, to make assessments of whether a complaint made by a member of the armed forces is admissible in the service complaints system. Currently, specified officers exist in each of the services and are responsible for deciding whether a statement of complaint is admissible as a service complaint. Let me explain the admissibility process: a statement of complaint is not admissible as a service complaint if, first, the same complaint has been made before; secondly, it is about an excluded matter as set out in legislation; thirdly, it has been submitted outside the required time limits; or fourthly, the complaint is not from a serving or former service person. The admissibility decision therefore does not require skills or experience specific to military officers, but the way the legislation is interpreted often precludes civilians from undertaking this task. This clause makes a small, technical amendment that will make the service complaints system more streamlined by allowing any competent person to deal with a complaint, rather than just a military officer.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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The hon. Member asks a fair question. We will not put forward anyone who does not pass security vetting; it is important that we place that on the record. This is a significant and prominent role. The commissioner will have access to our military bases. We do not expect, require or want them to look at anything beyond general service welfare matters, but there may be locations or people adjacent to those welfare matters that are sensitive to UK national security. That is why we have put national security powers in the Bill and why the Secretary of State has made assurances, which I am happy to repeat, that the commissioner will be security vetted. That is what service personnel and our colleagues across Government will expect. Someone who cannot pass security vetting should not be able to take up such a serious appointment in the Ministry of Defence. I am happy to give the hon. Member that assurance; I hope it reassures him. In his short few months here, my hon. Friend the Member for Dunfermline and Dollar has established himself as formidable and forensic in his tabling of parliamentary questions to the Ministry of Defence.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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I genuinely welcome the principle of the amendment and the spirit in which it has been tabled. It seeks to reinforce, in the Hansard of this debate, the position of both the Opposition and the Government: that the role should be independent. The commissioner should be able to conduct their inquiries and work separate from the functions of Government. It is precisely for that reason that we have drawn up the legislation in this way, so that the commissioner is independent. It is always helpful to place that on the record again. Should any future generations need to look at the intent of the Government at the time when this legislation was originally proposed and at our cross-party agreement that the commissioner should be able to carry out their functions without direction from the Ministry of Defence, they will be able to refer to this part of the debate and see that very clearly.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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I am grateful for the amendments as they give me the chance to speak about a number of issues. I first turn to amendment 9, tabled by the right hon. Member for Rayleigh and Wickford. He said that the purpose of the amendment was to require the commissioner’s staff to include a King’s counsel to provide legal advice to the commissioner. I agree that the provision of quality legal advice to the commissioner is essential, and having the facility in house may well be something that a commissioner will want to specify when setting up their own office. I think it is right, however, that the commissioner should be able to make their own judgment about what type and what level of legal support they may require. It is worth reminding the right hon. Gentleman that the commissioner looks at general service welfare matters and not the conduct of military operations, which I realise he is familiar with. I will come on to the other points that he raised subsequently, but it is worth saying that welfare matters are the commissioner’s main remit.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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I am aware that there are other people in the room who table questions to us. I will choose some adjectives carefully in due course. The point that my hon. Friend the Member for Dunfermline and Dollar made is a fair one. The senior appointments process is well established across Government. We enjoy good scrutiny of the process ourselves, as part of its oversight by the structures around the Cabinet Office. We and the previous Government have both focused on that to ensure that the process produces the right people. I hope that the additional pre-appointment scrutiny by the House of Commons Defence Committee, as well as the seriousness with which the Government and the Committee take the matter, will provide even more robust scrutiny. I would be very happy, where appropriate, to respond to parliamentary questions throughout the process to reassure Members that it is being conducted in a manner that is not only timely but thorough, ahead of any pre-appointment scrutiny by the HCDC. The spirit of the Bill is to engage Parliament more in the role of this commissioner and to ensure that parliamentarians can have just as much confidence in the role as I hope our armed forces can. The whole process is designed with that in mind. On that basis, I ask the hon. Member for Epsom and Ewell to withdraw her amendment.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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I did say to the right hon. Gentleman that I would come back to those points, and I will do so, rather than responding immediately to his intervention. A particular commissioner may wish to undertake an inquiry that involves many issues requiring regular and suitably senior legal input. In other circumstances, however, where a commissioner’s work is more routine in nature, it seema unnecessary to compel them to keep a costly KC on their books when other options may be more appropriate. I should say to the right hon. Gentleman, as someone who is new to opposition—sadly, I was not new to opposition for some time—that making spending commitments is a dangerous sport. As a quick bit of maths, let us assume that the KC is full-time, that they are reasonably priced at £5,000 a day, and that they bill only for working days. Now, 260 working days a year at £5,000 a day is £1.3 million of billable time a year, or 24% of the estimated budget of the Armed Forces Commissioner, which, as we have set out in the explanatory notes, is £6.5 million, the commitment for an entire Parliament. It is incumbent on us, in the spirit of creating an independent Armed Forces Commissioner’s office, to give the decisions on what staffing should look like to the commissioner so that they can undertake the staffing structure that is appropriate for what they have to say. However, I reassure the right hon. Gentleman that nothing in the Bill will prevent the commissioner from agreeing with the Secretary of State a policy for staffing the office that could include a legal adviser. Indeed, I suspect staffing policy would not necessarily need to go into that level of detail; it would be more about the overall numbers, costs and specific terms of service. Agreement of staffing policy with the Secretary of State is essential to ensure that the commissioner does not set out a staffing requirement that is disproportionate to the nature of the work being undertaken. It is not a way of preventing the commissioner from accessing the advice that they need.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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I echo the shadow Minister’s praise for the work of the Service Complaints Ombudsman in reducing the backlog. Can I go further and thank all her team as well? We have seen a whole-team approach, and she has been able to marshal and deliver a much-improved service that is a helpful building block for the Armed Forces Commissioner’s office. I will not be drawn on who the Armed Forces Commissioner should be, for obvious reasons, but we would expect someone senior, with an ability to deliver, to take on that role after a proper appointments process has taken place. I am grateful to the right hon. Member for Rayleigh and Wickford for tabling the amendment on how the commissioner will investigate individual service complaints. I will address his amendment and clause 2 together. The Bill already makes provision for the existing functions of the Service Complaints Ombudsman, set out in part 14A of the Armed Forces Act 2006—including those that relate to the investigation of individual service complaints—to be transferred to the new commissioner. The amendment is therefore not necessary. To reassure the Committee, the Service Complaints Ombudsman’s functions and workload will be absorbed by the new commissioner’s office, and implementation work will continue in parallel with the passage of the Bill to ensure the seamless transition of all cases—new, active and closed—to the commissioner. There will be no interruption to Service Complaints Ombudsman service users during this process, and the Bill makes provision for transitionary arrangements to be put in place if necessary. The Bill abolishes the office of the Service Complaints Ombudsman, so it is imperative that its functions be transferred properly to the new Armed Forces Commissioner. Furthermore, the new commissioner’s remit will be much broader than that of the ombudsman, and they will be able to proactively launch investigations into issues faced by service personnel and their families. On the shadow Minister’s specific question, going a level below the detail I set out, it will be a matter for the commissioner as to how they choose to investigate. However, the broad understanding is that, as well as taking on the Service Complaints Ombudsman functions, the commissioner will seek to receive views from armed forces personnel and their families. They will then be able to make a decision or look at areas for deeper thematic reviews. I would expect there to be a certain level of correspondence on issues, but it will be up to the individual commissioner to decide how best to resource that and what procedures, policies and thresholds need to apply. That will be a matter for the commissioner rather than me as a Minister to set out. I hope on that basis that the right hon. Gentleman is reassured and will withdraw his amendment.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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Last year, service morale fell to its lowest level on record, with only four in 10 of our armed forces personnel reporting being satisfied with service life. They reported that the impact on families and on personal life was the leading factor influencing the decision to leave our armed forces. This Bill is a deliberate and major step to strengthen support for our armed forces and the families who stand alongside them. Clause 1 will establish and set out the functions of the Armed Forces Commissioner by inserting proposed new section 365AA into the Armed Forces Act 2006. It will also abolish the office of the Service Complaints Ombudsman. That is legislative language; the intent is to move it into the Armed Forces Commissioner’s office, but in parliamentary drafting terms the office is abolished. Other provisions of the Bill, which we will come to later, transfer the ombudsman’s functions to the new commissioner. Subsection (2) of proposed new section 365AA will provide the commissioner with new functions to promote the welfare of service personnel and their families and to improve the public’s understanding of the welfare issues that they face; It will also provide the commissioner with the functions set out elsewhere in the Bill. Subsections (3) to (5) of proposed new section 365AA will give the commissioner the necessary freedoms to carry out their functions and meet their objectives, along with reference to any related restrictions. Subsection (6) introduces new schedule 14ZA, which sets out further detail on the establishment of the commissioner’s office. Clause 1(2) will abolish the office of the Service Complaints Ombudsman. Clause 1(3) will repeal section 365B of the Armed Forces Act, which established the Service Complaints Ombudsman. Clause 1(4) introduces schedule 1, which will insert new schedule 14ZA into the Armed Forces Act, for those who want to follow it up in their bedtime reading.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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I thank the hon. Member for Epsom and Ewell for moving her amendment. This legislation is a priority for the Government. We want to do this prominently, to provide a clear signal to our people and their families that their welfare matters are important and should receive a greater focus from the Government and the Ministry of Defence and therefore from the single services. At the same time, it needs to be done correctly. I share the hon. Lady’s eagerness to make sure that the commissioner’s role is properly established and brought forward. We have not detailed the implementation timetable in the Bill; that would not normally be necessary in primary legislation. As the Committee will be aware, there are several factors affecting the commissioner’s appointment. Notwithstanding the role of the Defence Committee in pre-appointment scrutiny, the commissioner will be appointed following the passage of the Bill. Their role will be subject to a full public appointments process regulated and overseen by the Office of the Commissioner for Public Appointments. In addition, the intended timeframe will need to factor in the passing of the necessary secondary legislation. We expect this process to continue in 2025. In parallel, we will be undertaking the necessary implementation to ensure a smooth set-up and transition from the current Service Complaints Ombudsman to the new commissioner’s office. It is important to stress that the team in SCOAF are doing a good job, and we should ensure a smooth transition into the new function for all the people working hard to support our armed forces. I can therefore confirm that we anticipate that the commissioner’s office will be stood up in 2026, but I would expect Opposition and perhaps Government Members to table parliamentary questions throughout to investigate the process that we are undertaking. It is worth saying that the full public appointments process will also undertake the necessary vetting and security clearances required for this role. That will further build the trust among armed forces personnel not only that the person appointed to the role is experienced, necessary and appropriate, but that they have the necessary vetting and security clearance to undertake a role on military bases in particular. I hope that the hon. Lady will take that reassurance and withdraw her amendment.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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I thank the right hon. Gentleman for his point. It is important to distinguish between the different roles of the commissioner. The clause makes an amendment specifically in relation to the service complaints process, rather than the broader functions we are adding to the Service Complaints Ombudsman role to create the commissioner. There are certain provisions, as set out in the Armed Forces Act, that mean that only a serving member of personnel or a veteran raising an issue from the time of their service can complain in the service complaints system. We are, however, expanding the provision outside that provision for welfare matters that sit outside the service complaints system. In that situation, family members will be able to raise an issue or a concern with the commissioner, but that is not a service complaint. I reassure the shadow Minister that that function will still be held by the current rules. Question put and agreed to. Clause 3 accordingly ordered to stand part of the Bill. Ordered, That further consideration be now adjourned. —(Kate Dearden.)
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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It is good to see Members from both sides on this Committee for an important piece of legislation. I thank the hon. Member for Epsom and Ewell for her amendment. I agree that it is important that we place prominence on the armed forces covenant. The amendment would require the commissioner to have due regard to the covenant principles as part of their general functions. As the Committee will know, the armed forces covenant recognises the unique obligations and sacrifices made by those who serve in the armed forces, whether regular or reserve; those who have served in the armed forces; and their families. The Government are fully committed to the armed forces covenant; indeed, our election manifesto included a commitment to place the covenant fully into law. As the hon. Lady will be aware, we will bring that forward as a provision for consideration in the Armed Forces Bill, probably in roughly two years’ time. An important aspect of the covenant is that it applies to both serving and former serving members of the armed forces. The Armed Forces Commissioner is very much focused on the serving community and their families. It will be perfectly proper for the commissioner to consider covenant issues where those relate to serving members of the armed forces and their families. I would imagine that those issues would be very much at the heart of what we mean by “general service welfare matters”, as outlined in the Bill. That will be within the remit of the commissioner, alongside the commissioner’s general function to promote the welfare of service persons and their families and to improve the public’s understanding of the issues.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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The hon. Gentleman raises a fair question. As part of establishing the Armed Forces Commissioner’s office, it may be appropriate for the commissioner to say that they would like a certain level of military expertise, be it serving or in a veteran capacity. The commissioner could have that conversation with the Secretary of State. I do not think that we would immediately volunteer or immediately deny—that would be based on the recommendations of the commissioner and the dialogue about where that sits—but I refer the hon. Gentleman to the amendment that we are making in the Bill to remove the requirement for an officer to make a decision. In one respect, we are seeking to remove military roles from the SCOAF function that can be done by a civilian. It is appropriate to ensure that if any military support is given to any part of the wider MOD family, we make the correct decision about whether it should be a military or civilian role, so we can ensure that we use the military in roles where they have the biggest impact in respect of our national security. However, I totally understand the hon. Gentleman’s point. The right hon. Member for Rayleigh and Wickford raised the issue of lawfare. The Government recognise that the large proportion of allegations targeted at our service personnel in Iraq were without foundation, and we acknowledge the importance of protecting our people from improper and vexatious accusations of the type perpetrated by Phil Shiner. The judgment by the court shows that Phil Shiner spread falsehoods against our brave armed forces, and the Ministry of Defence submitted evidence of his abuse to the legal system, which contributed to his being struck off. The Government are renewing the contract with those who serve and have served, and that includes protecting our personnel from improper and vexatious accusations of the type perpetrated by Phil Shiner. The right hon. Gentleman will also be aware of the ongoing inquiry in the High Court into matters that are either the ones related or near to the ones related. He will appreciate that I cannot comment on them now, but I entirely understand the right hon. Gentleman’s passion, which he knows I share, for ensuring we look after our people better than they have been looked after to date. I turn to amendment 3, tabled by the hon. Member for Epsom and Ewell. I share her intention of ensuring adequate provision in the budget for the Armed Forces Commissioner. The Secretary of State will have an obligation under proposed new section 340IA(7) to “co-operate with the Commissioner so far as is reasonable” and to give them any “reasonable assistance” that they require. That will ensure that they have the necessary assistance from the Secretary of State to conduct their work effectively. Should the commissioner feel that their funding is insufficient to carry out their functions effectively, they will have the opportunity to raise the matter in their annual reports, which are presented to Parliament. The Secretary of State is accountable to Parliament, and this mechanism will provide the ability to scrutinise and challenge any funding decisions. However, it will be for the commissioner to determine the shape and structure of any staffing or budget spend. As the shadow Minister has confirmed, we estimate in the explanatory notes that the budget for the Armed Forces Commissioner, based on careful scrutiny of the work of our friends in the German armed forces commissioner’s office, will be approximately £4.5 million to £5.5 million a year. That is a significant increase on the funding for the Service Complaints Ombudsman, which at present is roughly £1.8 million a year. While being wholly independent of the MOD, the commissioner will be required to abide by the financial rules, regulations and procedures laid down by both the Treasury and the MOD in the commitment to financial resources—something I think we would expect de minimis on a cross-party basis. We heard from the current Service Complaints Ombudsman on Tuesday that this is a common model and works well, so including a commitment to ensure sufficient funding and practical assistance, per amendment 3, or increasing it in line with inflation, per amendment 10, is not necessary. Amendment 3 in particular may introduce a level of subjectivity into the legislation that would be difficult to measure. I welcome—I think—the right hon. Member for Rayleigh and Wickford’s rejection of austerity budgets and the commitment to increase public funding in line with inflation. I suspect that he has not quite thought through the full implications of that across all areas of Government spending. None the less, the slow process of rejecting the austerity politics that I so know him for is interesting. I welcome that movement. What is certain is that the functions in the Bill provide a format for the Secretary of State and the commissioner to have a reasonable conversation about the budget. The budget that we are setting represents a considerable increase and is modelled to deliver a service that involves not only a continuation of the SCOAF functions, but the investigations and the wider visits portfolio that has been mentioned. We feel that that is sufficient, but I suspect that any Member of Parliament who feels that the budget is insufficient, based on the reports tabled by the Armed Forces Commissioner in their annual reports as opposed to thematic reports, will be able to ask suitably challenging questions of the Government of the day about ensuring that staffing levels and financial support are right, just as we would expect for access and the implementation of recommendations. On that basis, I ask the right hon. Gentleman to withdraw his amendment.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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indicated assent .
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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For Ajax?
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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I am very happy to stray out of the lane of the legislation we are considering today towards legislation that we are not yet considering, if the right hon. Gentleman so wishes. As he will know, only part of the armed forces covenant is in law, with a special grip on local government. In our manifesto, we committed to put it fully into law. The Minister for Veterans and People is undertaking a cross-Government piece of work to identify precisely which clauses would need to be inserted into the Armed Forces Act to make that work. Insertion into an Armed Forces Act is also relevant to the amendment of the hon. Member for Epsom and Ewell. As she will know, this Bill not a stand-alone piece of legislation: it seeks to amend parts of the Armed Forces Act 2006. Can I direct her attention to part 16A of the Armed Forces Act 2006? That is the part that deals with the armed forces covenant. She is right in the respect that the covenant is not explicitly mentioned in this Bill; that is because this Bill, when passed, will be inserted into that Armed Forces Act, which includes part 16A relating to the armed forces covenant. I hope that, on the basis of those reassurances, she will be able to withdraw the amendment.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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I thank the hon. Member for Epsom and Ewell for her amendment 5. As with amendment 7, it is good to be able to place on the record our intention for how this process should work. Amendment 5 would insert a requirement for the House of Commons Defence Committee to conduct pre-appointment hearings and to state a positive or negative opinion on the appointment of the Secretary of State’s preferred candidate for commissioner. The Secretary of State would be able to recommend their preferred candidate to His Majesty only following a positive opinion from the Committee. I draw hon. Members’ attention to the Second Reading debate, during which the Secretary of State confirmed that the Government are keen for the Committee to exercise rigorous pre-appointment scrutiny of candidates to ensure that we appoint the best person to be the independent champion for the armed forces and service families. The hon. Lady’s amendment would certainly set a precedent for wider Government discussion. I suggest that her argument might best be directed in the first instance to the Cabinet Office, given its cross-Government leanings, rather than to the Ministry of Defence. The Government have said that the pre-appointment scrutiny by the House of Commons Defence Committee should be vigorous and thorough. We expect it to go above and beyond the current process, precisely because the commissioner will report their recommendations to Parliament via the national security scrub in the MOD, so their role is somewhat different from the role of other commissioners who might receive pre-appointment scrutiny from other Select Committees. Their powers are designed to be greater, so a more prominent role will be given to Parliament. We are confident that the existing practices and arrangements in Parliament are robust, that they can address any concerns that the Select Committee may have about a candidate, and that we will be able to take the Committee’s views fully into account before making a recommendation to His Majesty.
12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source
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I am happy to write to the hon. Member with our expectation of which specific clearance type would be required, but on the second part of his question about what happens if someone loses their clearance, it will be a condition of the role that they would be subject to the Official Secrets Act 1989 and require the necessary clearance, and in such circumstances they would not be fulfilling the terms and conditions of their role. I hope that gives the hon. Member suitable assurance. Question put and agreed to. Schedule 1 accordingly agreed to . Clause 2 Commissioner’s functions in relation to service complaints

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