Veterans Advisory and Pensions Committees Bill

(Limited Text - Ministerial Extracts only)

Tuesday 5th September 2023 Lords Chamber

Is there a need for an official body—not just the interested charities—to be a guardian of this vital support for service personnel and veterans? Should VAPCs have that role specifically given to them? Alternatively, it may be that this Bill, when passed, would give the Defence Secretary the freedom by SI to add this duty to VAPCs or, once their responsibilities pass to the Armed Forces Act 2006, the duty could be introduced during a review or re-enactment of the Act. However, a disagreement between the MoD and the Ministry of Justice might arise because the work of the Armed Forces chamber will further diminish and its distinctive responsibility may need safeguarding. I beg to move.

[The Minister of State, Ministry of Defence (Baroness Goldie) (Con)]

My Lords, I thank the noble and gallant Lord, Lord Craig of Radley, for his contribution and for explaining his reasons for tabling an amendment to this Bill. His interest is long-standing, and I can understand why he is probing for greater clarification.

This Bill is fully supported by the Government. While I appreciate the noble and gallant Lord’s concern regarding the War Pensions and Armed Forces Compensation Chamber, the purpose of this Bill is to reform the statutory role of the VAPCs, moving them on to a more stable footing and bringing their statutory functions into line with how they have been operating in practice in recent years. The MoD has been careful to ensure that any proposed extension to the scope of the delegated power moving to the Armed Forces Act 2006 is similar to the existing power in Section 25 of the Social Security Act 1989 and that it is limited to only what is necessary to achieve its policy outcomes in relation to MoD functions and services rather than the wider issues that are embraced by the amendment.

The amendment tabled by the noble and gallant Lord would extend the power to make regulations that give VAPCs functions, to include advising on changes to the War Pensions and Armed Forces Compensation Chamber, which is actually a tribunal with separate governance arrangements. It therefore extends beyond MoD functions and service and into the realm of tribunals, which are a matter for the Ministry of Justice. As one would expect, there are separate rules and processes that govern tribunals. Indeed, the advisory steering group was established by the Lord Chancellor to pursue a consistent approach to war pensions and compensation appeals across the whole of the United Kingdom for this very reason. It considers matters relevant to the Scotland and Northern Ireland Pensions Appeal Tribunals as well as the War Pensions and Armed Forces Compensation Chamber. The advisory steering group meets every six months to raise and discuss tribunal issues and ensure that tribunals’ decision and outcomes are fair, transparent and consistent. It is for these reasons that the Government cannot accept this amendment to the Bill as drafted.

The Bill has been carefully drafted in relation to the Veterans Advisory and Pensions Committees—and they are different to tribunals—to retain some flexibility in how the regulations are framed. This is important, given the recent independent reviews. The reviews in question are the Independent Review of the UK Government Welfare Services for Veterans and the reviews of the Armed Forces Compensation Scheme and Veterans Advisory and Pensions Committees, and copies of these reviews have been placed in the House Library. These reviews will help to determine how the VAPCs could be fully developed and aligned to the wider welfare service effectiveness and delivery, so that they can continue to contribute to the veterans community across the whole of the United Kingdom. The Government are considering the recommendations of these reports in full, with responses to be published later in the year. Changes to the VAPCs resulting from these reviews could be implemented via secondary legislation made pursuant to the enabling power in this Bill, and this Bill will ensure statutory backing for the VAPCs to formally engage with all former members of the Armed Forces and their families. When issues relating to the Chamber, embraced in the amendment, are brought to the Minister’s attention, of course the MoD would be able to consider such usage with the Ministry of Justice.

I conclude by thanking the noble and gallant Lord, Lord Craig, for the opportunity to discuss the separate issue of the chamber, which in law is a tribunal, as I have said. I hope that, following these assurances, the noble and gallant Lord will agree to withdraw his amendment.