The Secretary of State for Defence (Michael Fallon)
I beg to move, That the Bill be now read a Second time.
The introduction of an Armed Forces Bill is always a significant occasion for defence. It matters in particular for three reasons. The first reason is its constitutional significance. We are renewing the legislation necessary for the armed forces to exist as disciplined forces. That legislation is currently the Armed Forces Act 2006, which provides the system of command, discipline and justice for the armed forces. It covers matters such as the powers of commanding officers to punish disciplinary or criminal misconduct, the powers of courts martial and the powers of the service police. The 2006 Act confers powers and sets out procedures to enforce the duty of members of the armed forces to obey lawful commands.
Since the Bill of Rights in 1688, the legislation making the provision necessary for the Army to exist as a disciplined force—and, more recently, the legislation for the Royal Navy and the Royal Air Force—has required regular renewal by Act of Parliament. Without this Bill, the Armed Forces Act 2006 could not continue in force beyond the end of 2016. That reminds us that ultimate control over the system under which the armed forces are maintained resides not with the Executive, but with Parliament.
Secondly, this occasion is sufficiently rare in the lifetime of a Parliament to prompt us to reflect on the progress made since the last such Act, the Armed Forces Act 2011. The centrepiece of the last Act, the requirement to report on the armed forces covenant, remains more relevant than ever. The covenant has already made a huge difference to the lives of serving and ex-service personnel. In the past few years, we have seen not only the Government, but all 407 local authorities and more than 700 businesses, large and small, come together to make sure that our personnel get a fairer deal as a result of their service to our country.
Mrs Madeleine Moon (Bridgend) (Lab)
We have perhaps been somewhat neglectful of armed forces personnel when they cease to be serving and become veterans. Does the Secretary of State agree that we must place a greater priority on ensuring that veterans have ongoing help and support because of the difficulties that many of them may still face as a result of their service in Iraq and Afghanistan?
Michael Fallon
I certainly do agree with that. This work is ongoing and is not yet done. We will continue to try to make progress. As the hon. Lady knows, we have implemented a number of reviews, not least Lord Ashcroft’s review of the mental health services that are available to veterans.
I assure the House that our commitment to the covenant remains unshakeable. Today, we are launching a credit union for armed forces personnel. By paying a regular amount of their salary directly into the credit union, they will be able to avoid the struggle for credit approval and the siren call of the payday lenders.
Thirdly and finally, the Bill gives us the opportunity to ensure that the 2006 Act remains fit for purpose for the next five years. The first clause keeps the 2006 Act in force beyond the end of 2016; provides for the continuation of the 2006 Act for a year from the date on which this Bill receives Royal Assent; and provides for renewal thereafter by Order in Council, for up to a year at a time, until the end of 2021. That will give Parliament a regular opportunity to debate the systems of the armed forces for command, discipline and justice.
Clauses 2 to 6 modernise and strengthen the service justice system by making sensible and proportionate changes to the existing provisions. I will take each of those clauses, very briefly, in turn.
Clause 2, on post-accident testing for alcohol and drugs, deals with the situation whereby a commanding officer may require a member of the armed forces or a civilian who is subject to service discipline to co-operate in a preliminary test for alcohol or drugs only when he or she suspects that an offence has been committed. The clause extends those circumstances by providing for post-accident preliminary testing without the need for suspicion that the person being tested has committed an offence. The new powers to require co-operation with tests will apply only after accidents involving aircraft or ships or other serious accidents. They are derived from, although not identical to, those in the railway and transport safety legislation under which civilians are required to co-operate with tests for alcohol and drugs.
Clauses 3 to 5 simplify the process of investigation and charging of criminal and disciplinary offences under the 2006 Act. The commanding officer rightly deals with 90% of cases in the service justice system, and that will not change. The remaining 10% of cases are those that the commanding officer does not have the power to hear, which involve offences such as perverting the course of justice and sexual assault. Some cases that cannot be dealt with by the commanding officer have to be referred by the investigating service police to the commanding officer and then by the commanding officer to the director of service prosecutions for a decision. That is an unnecessarily complex process.
Clause 3 provides for the service police to refer straight to the director of service prosecutions in any case where there is sufficient evidence to charge for an offence that the commanding officer cannot deal with on his own. That brings the service justice system into line with the civilian system.
Bob Stewart (Beckenham) (Con)
Does that mean that the commanding officer is taken out of the loop entirely in cases concerning soldiers, sailors or airmen who are his or her responsibility?
Michael Fallon
No, because the commanding officer will be kept informed about the investigation and the stage it has got to. They are not being removed from the process; we are merely simplifying the procedure and shortening it so that the matter does not have to be referred automatically to the commanding officer and then back to the director of service prosecutions.
Clause 3 also deals with linked cases such as separate offences that occur during the same incident. Some cases may need to be sent to a commanding officer, even though they are connected to a case that has been sent to the director of service prosecutions, and that can result in separate decisions on whether to prosecute, and separate trials. Clause 3 allows the service police to refer a case to the director of service prosecutions if, after consultation, they consider it appropriate to do so because of a connection with another case that has also been referred to that director.
Clause 4 clarifies the procedure for the referral of those linked cases from the commanding officer to the director of service prosecutions, and clause 5 allows the director to bring charges. Currently, when the director of service prosecutions decides that a charge must be brought, they must direct the suspect’s commanding officer to bring that charge. Clause 5 allows the director to bring that charge, just as the Crown Prosecution Service brings charges in the civilian criminal justice system.
Clause 6 increases the range of sentencing options available to the court martial. Civilian courts are currently able to suspend sentences of imprisonment for up to 24 months, but service courts can suspend them for only 12 months. We would like courts martial to be given greater flexibility to vary the deterrent effect of service detention. In some cases it is right for suspended sentences to allow continued service alongside rehabilitation activities. The clause simply corrects the anomaly by giving courts martial the ability to suspend sentences of service detention for up to 24 months.
Clauses 7 and 8 give the director of service prosecutions power to give offenders immunity from prosecution, or an undertaking that the information they provide will not be used against them, in return for assistance that the offender may give to an investigator or prosecutor.
Dr Andrew Murrison (South West Wiltshire) (Con)
Will my right hon. Friend say what service offences he has in mind for immunity from prosecution? Will he reassure the House that that does not involve any form of plea bargaining, and say whether there are civilian equivalents of the kind of offences that he has in mind?
Michael Fallon
Only the most serious cases would involve that kind of immunity—perhaps the Minister will provide my hon. Friend with more examples of what such cases might be when he winds up the debate. These are cases where the evidence from a witness or defendant could be crucial, but where fears about self-incrimination stop someone coming forward and providing essential information.
In the civilian criminal justice system prosecutors such as the Director of Public Prosecutions have statutory powers to offer immunity and restrictions on the use of evidence, but the director of service prosecutions in the service justice system does not. That damages their ability to prosecute the most serious cases, because it may be necessary to rely on evidence from individuals who may not be willing to come forward and give evidence without conditional immunity, or an undertaking that that information will not be used against them. These clauses closely follow those in the Serious Organised Crime and Police Act 2005 that apply to the civilian criminal justice system.
I assure my hon. Friend that as in the civilian criminal justice system, the intention is for immunity and undertakings not to use information to be offered only in the most serious circumstances for those who are found, after proper investigation, to have fallen short of the high standards that we set.
Clause 13 brings the Armed Forces Act 2006 back into force in the Isle of Man and British overseas territories except for Gibraltar. Under United Kingdom law, the 2006 Act has always applied to members of the armed forces, wherever in the world they are operating, and that will remain the case. That means that a member of the armed forces commits an offence under UK law if they do something in another jurisdiction which, had they done it in England or Wales, would have been a criminal offence.
In addition, the 2006 Act originally formed part of the law of the Isle of Man and the British overseas territories. However, the Act expired in those jurisdictions in 2011. Clause 13 and the schedule to the Bill revive the Act in those jurisdictions so that, as it currently has effect in the UK, it will also be in force there. That ensures that things that members of the armed forces might do under the 2006 Act in those jurisdictions, such as the exercise of service police powers of arrest or search, would be lawful there not only as a matter of UK law but as a matter of the local law. It also ensures that the civilian authorities within those jurisdictions can do things under the 2006 Act which they might not otherwise have powers to do under the local law, such as the arrest of a person suspected of a service offence under a warrant issued by a judge advocate.
An exception is being made for Gibraltar. This is because we are currently consulting the Government of Gibraltar on how best to extend the provisions of the 2006 Act—and, therefore, of the Bill—to that territory.
Clauses 14 and 15 relate to Ministry of Defence firefighters. The Defence Fire Risk Management Organisation has more than 2,000 personnel operating over 70 fire stations. Yet those firefighters currently have no specific emergency powers to act to prevent or deal with fires to protect life or preserve property. That could lead to a situation where firefighters entering a property to put out the flames might have to defend themselves against charges of breaking and entering, or where restraining family members from returning to a burning building might leave them open to a charge of assault.
Fire and rescue services at some MOD sites are currently provided by a contractor. They, too, should be able to deal with an emergency in the same way as MOD firefighters. Clauses 14 and 15 address this issue by giving defence firefighters the same powers to act in emergencies as employees of a civilian fire and rescue authority.
In conclusion, the Bill is an important act in continuing the authority of the armed forces. It makes modest but relevant upgrades to the existing system for the armed forces of command, discipline and justice. The world-class reputation that our armed forces enjoy is underpinned by many factors, one of which is that system of command, discipline and justice. We need to make sure that that system continues to be fit for the modern age. I commend the Bill to the House.
Maria Eagle
I thank my hon. Friend, who is a member of the Defence Select Committee, for her welcome for my appointment, and I hear what she has to say about these matters. The reason Liberty is campaigning on some of these issues is that, if things go wrong, it can destroy people’s lives and cause many difficulties, not only for the individuals affected but for the services. In Committee, I want us to debate the matter further with Ministers, who I know have met and considered these matters with campaigners, and to hear a bit more detail about policy development and where they are in respect of some of these things.
We have already heard from the Secretary of State the rationale for extending the provisions in the Armed Forces Act 2006 to the Isle of Man and British overseas territories, except Gibraltar, but we will want to make sure, by way of the normal scrutiny one would expect of a Bill, that the provisions are correctly drafted, fit for purpose and will do what he said he wants them to do.
We are concerned about the rationale for the provisions in clauses 14 and 15 relating to the powers of Ministry of Defence firefighters in an emergency. There is no discernible problem, or any reason why those provisions need to be in the Bill. The explanatory notes suggest, as the Secretary of State did, that MOD firefighters currently have no power in an emergency to act to protect life and property, but I wonder whether there have been instances of the kind of difficulty to which he referred. Have there been instances of such firefighters being prosecuted, or being sued for assault or for breaking and entering? If there have been any such instances, I can see why he might want to introduce these provisions. If there have been no such instances and this is simply a tidying-up exercise, how come he perceives a problem now?
Michael Fallon
Let me try to answer that, but first may I welcome the hon. Lady and her team to the Dispatch Box for the first time? This measure is, of course, a precautionary one to reinforce the powers of those firefighters. There may well be instances where they might have to enter service accommodation or a civilian house on or near an MOD airfield. In other circumstances, perhaps in a remote area, MOD firefighters may be the first to reach a civilian fire in a civilian area, having got there in advance of the local authority fire service, but they do not have exactly the same powers. The purpose of these clauses is to deal with these things.
Maria Eagle
I am grateful to the Secretary of State for that further explanation. In preparing for my remarks, I gave the chief fire officer of Merseyside’s fire and rescue authority a ring to ask whether the Chief Fire Officers Association, of which he is a member, has been consulted about these provisions. I thought it might have asked for this kind of measure. My contact with him was the first he had heard of these provisions, although he was of the opinion that he would have expected the CFOA or the local authority fire and rescue authorities to have been consulted ahead of their introduction. They are category 1 responders and would have expected to have been consulted on these provisions. There are well-known, regular opportunities for the MOD to consult and liaise with the civilian fire authorities and chief officers, but that has not been done in this instance, which made me wonder precisely what was going on. The provisions seem to imply the deployment of MOD firefighters beyond the confines of their current role on MOD property. The definition of “firefighter” includes, as I believe the Secretary of State said, contractors and subcontractors employed by private companies, and we are at a time when the work the Defence Fire Risk Management Organisation does is being outsourced or tendered. We will want to probe this matter further in Committee.
The Secretary of State has sought to reassure me, and I am open to being reassured. I am pleased to confirm that, with those few remarks and slight concerns notwithstanding, we will be supporting the Bill and seeking in Committee to probe its provisions, improving them where we can. Of course, if they cannot be improved, we will support them. [Interruption.]
The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)
We have had a useful and interesting debate. It is a pleasure to follow a veteran such as the hon. Member for North Durham (Mr Jones). Compared with him, I feel like a mere newcomer as this will be only my second Armed Forces Bill. I am most grateful to hon. Members on both sides of the House for the contributions they have made and I thank them for their interest.
Unusually for the Ministry of Defence, this is the third piece of substantive legislation we have introduced in the past two years, the other two being the Defence Reform Act 2014 and the Armed Forces (Service Complaints and Financial Assistance) Act 2015. I am grateful to the hon. Member for North Durham for his positive comments as the ombudsman starts her new role early in the new year. It is not too surprising that the Armed Forces Bill we have introduced this year is relatively modest and focused mainly on the service justice system. Modest it may be, but that in no way diminishes the significance of its provisions, as it provides for the continuation of the single system of service law under the Armed Forces Act 2006 which applies to all members of the armed forces, wherever in the world they are serving.
As we heard during today’s debate, this Bill mostly covers a small number of issues relevant to the service justice system, plus the wider defence issue concerning statutory powers for MOD firefighters, which I will come to in a moment. Hon. Members raised a number of points about these proposals and also about issues that we have not included in the Bill. Indeed, much of the discussion seems to have been on issues that are not included in the Bill. I shall attempt to deal with as many of these as I can, and undertake to write to anybody to whom I fail to give an answer today.
My hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) made a passionate and well-informed speech on behalf of the armed forces, based in no small part on his own service, to which I pay tribute. My hon. Friend the Member for South East Cornwall (Mrs Murray) has a long-standing family connection to the armed forces and asked some detailed questions about Devonport, about which I will write to her in due course. My hon. Friend the Member for North West Hampshire (Kit Malthouse) made a plea for more investment in technology. He may be aware of the announcement by the Secretary of State of an innovation fund as part of the strategic defence and security review, and the increasing work of the defence growth partnerships. I encourage him to visit Army headquarters in his constituency, which I would be delighted to arrange. In fact, I sense an invitation winging its way to him as we speak.
My hon. Friend the Member for Portsmouth South (Mrs Drummond) made a passionate speech. I am not sure I was entirely grateful to her for reminding me that it is 27 years since I went to Sandhurst, but I was cheered up to turn around and see my hon. Friend the Member for Beckenham (Bob Stewart). I think it may be a few more than 27 years since he went there. My hon. Friend the Member for Portsmouth South gave a powerful speech focusing on many areas of the military covenant, in particular mental health. This is a key area and she will be aware of the improvements that have been made in recent times, partly as a result of the “Fighting Fit” report by my hon. Friend the Member for South West Wiltshire (Dr Murrison). I join her in commending the charity Combat Stress, which was the first charity I visited after taking up my appointment.
I shall respond to the contributions from other hon. Members as I touch briefly on some of the clauses in the Bill, but only those that were referred to during the debate. In her opening comments the hon. Member for Garston and Halewood (Maria Eagle) raised the issue of visiting foreign forces being subject to the Act. I acknowledge her concerns and look forward to exploring the matter in Committee. I draw the attention of the House to the recent Westminster Hall debate on the unfortunate events at Bassingbourn, in which the current Government position was outlined.
Clauses 3 to 5 simplify the process of charging offences under the 2006 Act. Both my hon. Friends the Members for Beckenham and for Filton and Bradley Stoke sought reassurance about the role of the commanding officer. Commanding officers will continue to be concerned with probably over 90% of service issues. It will be only about 10% of issues that they will not deal with directly, but they will continue to be kept firmly informed of what is going on.
The hon. Members for Bridgend (Mrs Moon) and for Garston and Halewood asked why sexual assault was not included among the most serious offences in schedule 2. I want to make it clear at the outset that sexual assault is absolutely unacceptable in wider society or in the armed forces. Schedule 2 to the Armed Forces Act 2006 sets out the most serious disciplinary and criminal offences, including murder, kidnapping, grievous bodily harm and rape. A commanding officer must make the service police aware of an allegation or circumstance which indicates that a schedule 2 offence may have been committed. To move sexual assault to schedule 2 would make it a legal requirement for every allegation of sexual assault—an offence which covers a wide range of conduct—to be referred directly to the service police, whether or not the victim wanted that to happen.
We take the view that there are already processes and safeguards in place to ensure that victims of such offences are properly supported and that any allegations are properly investigated. All commanding officers are under a legal duty to ensure that all offences are investigated appropriately. Guidance given to commanding officers makes it clear when it would be appropriate to make the service police aware of an allegation. Guidance also sets out clearly the way in which these cases should be handled and the support that is to be provided to victims. We believe that the current legal arrangements and the guidance to commanding officers provide an appropriate framework for investigating these offences, but I accept once again that that could be discussed in Committee.
The hon. Member for Strangford (Jim Shannon) mentioned sexual harassment. This is as much about changing culture as it is about legislation. The Chief of the General Staff has made addressing issues of equality, diversity and inclusivity a priority in order to ensure that the Army is a modern employer that is capable of recruiting talent from all sections of society. The Army’s change programme on maximising talent, which the Chief of the General Staff launched on 19 June, demonstrates the progressive nature of the measures being taken to ensure that talent is able to thrive, regardless of ethnicity, gender or sexuality.
The survey was conducted between March and April 2014 and was sent to over 24,000 regular and reserve men and women, and over 7,000 responses were received. The overall conclusion from the survey was that there is an issue with an overly sexualised culture in which inappropriate behaviour is deemed acceptable. Although that does reflect wider society, the Army’s values and standards mean that it should not be accepted as the norm. I am delighted that the Chief of the General Staff is taking action to address that through his leadership code.
Clauses 14 and 15 deal with the powers of MOD firefighters in an emergency. I would like to reassure Opposition Members that the Chief Fire Officers Association was consulted and that the letter was published on its members’ forum, advising all chief fire officers in England and Wales of the provisions. Only Hampshire fire and rescue service responded, and it was positive about the provisions.
The hon. Members for Argyll and Bute (Brendan O'Hara), for Dunfermline and West Fife (Douglas Chapman) and for East Renfrewshire (Kirsten Oswald) all touched, understandably, on matters relating to Scotland. With regard to manpower in Scotland, there are currently 9,400 military personnel and 3,770 civilian personnel based in Scotland. The UK is delivering on a realistic plan for defence. The number of military personnel in Scotland is actually set to increase, but it is also likely to be affected by the SDSR, which will be published in due course.
The number of personnel at various locations across the UK, including Scotland, will fluctuate as the military make the necessary changes in unit moves to deliver the Future Force 2020 basing lay-down and target strength. The UK Government’s basing plans, which were announced last year, offer clarity and stability in our defence footprint in Scotland. That is a visible sign of our commitment to Scotland and to Scotland’s continued vital role in defence. On current plans, by 2020 Scotland will be home to all Royal Navy submarines, one of the Army’s seven adaptable force brigades and one of the three RAF fast jet main operating bases. Her Majesty’s Naval Base Clyde is already the single largest employment site in Scotland. Overall, employment figures will rise to 8,200 by 2020.
Hon. Members also touched on armed forces representation. Representation and safeguarding the wellbeing of service personnel are vital functions of the armed forces chain of command. The MOD recognises the British Armed Forces Federation and other such organisations as effective mechanisms by which the views of service personnel can become known. Service personnel are free to join them, provided they do not take a particularly active part in any political activity. To be honest, we are not aware of any groundswell of opinion from members of our armed forces that the remit of the armed forces federations should be extended or that they should be established on a statutory basis.
As I have made clear, the Bill is important to the armed forces, not least because it renews the legislation necessary for them to exist as disciplined forces. As the debate has demonstrated, it is also important to us here in Parliament, because it provides for our scrutiny of that legislation. That scrutiny is achieved by means of an annual continuation order, which must be approved by both Houses, and by primary legislation every five years.
I have a personal interest in this Bill. As a member of the reserve forces, I have been subject to the provisions of the 2006 Act, and many friends and colleagues still are. I also take very seriously the obligations that I have to the men and women who choose to abide by the high standards of discipline and behaviour that this Bill supports. I very much look forward to taking it through the House.
Question put and agreed to.
Bill accordingly read a Second time.
Armed Forces Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Armed Forces Bill:
Select Committee
(1) The Bill shall be committed to a Select Committee.
(2) The Select Committee shall report the Bill to the House on or before 17 December 2015.
Committee of the whole House, Consideration and Third Reading
(3) On report from the Select Committee, the Bill shall be re-committed to a Committee of the whole House.
(4) Proceedings in Committee of the whole House on re-committal, any proceedings on Consideration and proceedings on Third Reading shall be taken in one day in accordance with the following provisions of this Order.
(5) Proceedings in Committee of the whole House and any proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings in Committee of the whole House are commenced.
(6) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
Programming committee
(7) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.
Other proceedings
(8) Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(George Hollingbery.)
Question agreed to.
ARMED FORCES BILL (SELECT COMMITTEE)
Ordered,
That the following provisions shall apply to the Select Committee on the Armed Forces Bill:
(1) The Committee shall have 14 members, to be nominated by the Committee of Selection.
(2) The Committee shall have power—
(a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place and to report from day to day the minutes of evidence taken before it;
(b) to admit the public during the examination of witnesses and during consideration of the Bill (but not otherwise); and
(c) to appoint specialist advisers either to supply information not readily available or to elucidate matters of complexity relating to the provisions of the Bill.—(George Hollingbery.)