Armed Forces Commissioner Bill

Debate between Baroness Smith of Newnham and Viscount Stansgate

Wednesday 30th April 2025 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, I shall not detain the House for long. When my noble friend Lord Beamish moved his amendment in Committee, I strongly supported it—and I support it again today. I am sure that Machiavelli would be pleased to know that his name still comes up in discussions centuries after his death.

When my noble friend the Minister introduced the Bill at Second Reading, he made the very good point that its purpose was to provide statutory authority for the new Armed Forces commissioner—it is a new role that we have not had before. My noble friend’s amendment seeks to convey the same sense of authority, this time on behalf of Parliament, because she or he will have been confirmed by the relevant committee—or committees —of either House.

My second point has nothing to do with this Bill. What my noble friend is suggesting is a very good point of principle on all such appointments. In the wider context of the relations between the Executive and the legislature, an amendment such as this strongly seeks to improve the authority of Parliament—not necessarily against the Executive, but, nevertheless, it would improve the importance and role of Parliament. Otherwise, what is the point of our being here if Parliament does not play a role?

I strongly support the amendment. It will not be pressed to a vote, and I do not know what my noble friend the Minister will say in reply, but I hope that he will convey an element of agreement with my noble friend Lord Beamish’s argument.

[Baroness Smith of Newnham (LD)]

My Lords, the amendments in the name of the noble Lord, Lord Beamish, seek to do what amendments that I tabled in Committee also sought to do, albeit rather less elegantly. My amendment on having parliamentary scrutiny for the Armed Forces commissioner was the source of considerable concern to the noble and gallant Lord, Lord Craig of Radley, who said that it was far too detailed to put in the Bill. Therefore, I am extremely glad that the noble Lord, Lord Beamish, has decided to bring back this amendment, because it is important that we have a parliamentary role, and he has phrased that elegantly both in the formulation of his amendment and in what he has just said.

If we want to have an independent Armed Forces commissioner appointed by the Secretary of State, it would be appropriate that the way of appointing that person stands up to scrutiny—and both Houses of Parliament playing a role would be an effective way of doing that. I look forward to hearing what the Minister has to say about that and what role His Majesty’s Government feel able to grant to Parliament in this regard.

On Amendment 14, the change of those minor words—from “may” to “must”—suggests something rather important. As with so much legislation, if you have not read the Bill, the change from “may” to “must” makes very little sense. But this is about adequate resourcing of the Armed Forces commissioner. It was pointed out earlier in today’s debate that we are already looking at considerably increasing the funding for the Armed Forces commissioner, compared with the current ombudsperson. If work needs to be done, it is vital that the role of the Armed Forces commissioner be adequately resourced, because if not, and the Armed Forces commissioner is unable fully to fulfil the job given to them, what message does that send to the Armed Forces and their families? If cases are brought and the Armed Forces commissioner does not have time to deal with the complaints or to undertake the reports needed, that will undermine the commissioner’s prestige and credibility.

If “may” cannot be converted to “must”, can the Minister explain to the House how funding will be provided and give us some guarantees that, in the longer term, the Armed Forces commissioner will be adequately resourced? As his noble friend Lord Beamish said, we might be happy that this Government will give adequate resources, but we are legislating not just for this Government but for future ones as well.

Armed Forces Commissioner Bill

Debate between Baroness Smith of Newnham and Viscount Stansgate

Committee stage
Wednesday 19th March 2025 Grand Committee

[Baroness Smith of Newnham (LD)]

My Lords, there is always time for a new experience. Despite having been in your Lordships’ House for 10 and a half years, this is the first time that I have ever moved an amendment as the first amendment in Committee, which means that I do not have any experience of quite what I am supposed to do, other than to stand up and say that I am moving the amendment in my name.

I am very aware that, at various Committee stages of Bills, the movers of amendments seem to talk at great length. The bit that I do know is that I am not supposed to give another Second Reading speech—but I also noted before I arrived that it said that movers should not speak for more than 15 minutes, and I am moving the first amendment in two groups. For the benefit of everyone in Grand Committee this afternoon, noble Lords will all be extremely relieved to know that I do not plan to speak for more than 15 minutes in total, across all five groups, unless I am interrupted or heckled. We were all very clear at Second Reading that this is an important Bill and that we all broadly support it and wish it well. Any amendments that we bring forward are intended to improve it and not in any way to undermine it. It is very much in that spirit that the first amendment is proposed.

This amendment is in a little group all on its own, because it refers to the Armed Forces covenant. When the Armed Forces covenant has come up previously, it was very clear under the previous Government that there was a commitment to it and a desire that it should apply to businesses and maybe to schools, the health service or to other branches external to government—but the Government themselves and the MoD were not subject to the Armed Forces covenant. From these Benches, we always felt that that was a bit of a gap. In looking at this new role for the Armed Forces commissioner, it seems entirely appropriate that the person appointed should pay due attention to the Armed Forces covenant and that they should

“uphold and give due regard”

to it, in the wording of the amendment.

We also think that it would be helpful for the Armed Forces commissioner to monitor the Armed Forces covenant and how far the principles and commitments are being upheld. It is an important document and an important covenant, yet sometimes it seems to be honoured more in the breach than in the reality. Therefore, in that spirit, we want to ask His Majesty’s Government at least to think about the relationship between the Armed Forces commissioner and the covenant. With that, I beg to move.

[Viscount Stansgate (Lab)]

My Lords, the noble Baroness, Lady Smith, said that this is the first time she has ever moved an amendment in Committee—

[Baroness Smith of Newnham (LD)]

The first amendment.

[Viscount Stansgate (Lab)]

In my case, it is the first time I have ever been at a Committee on a Bill on the Armed Forces. When I walked in the door and was handed the latest regulations and so on, for which we are all very grateful, I must admit that when I looked at some of the amendments, I wondered where the disagreements are going to lie. As someone who comes fresh to this, I should have to say briefly—I am going to be briefer than the noble Baroness—that I thought, “This seems like a reasonable amendment. What’s wrong with it?” So when my noble friend the Minister replies, I should be grateful to have explained what may be the objections to this amendment, because if there is something I do not understand about the relationship between the Armed Forces commissioner and the covenant, I should very much like to know.