Armed Forces Bill Debate

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Department: Ministry of Defence
Viscount Stansgate Portrait Viscount Stansgate (Lab)
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My Lords, I have been listening very carefully to the noble Baroness; it is obviously a matter of great importance. I have a question to which she might be able to give an answer when she winds up on this debate. Amendment 24 includes the phrase:

“or is alleged to amount to”.

Am I right in thinking that, under this amendment, it would be entirely for the alleged victim to make the allegation that it involves domestic abuse, and that would be enough to trigger the provisions outlined in the amendment?

Secondly, I would like to ask whether this amendment is being tabled in the light of any specific examples that the noble Baroness knows of, which might assist the Committee in understanding and supporting the amendment.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD)
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My Lords, I rise briefly to support, in particular, Amendments 24 and 25. That is not to say that we on these Benches are not giving our full support to my noble friend Lady Brinton for Amendment 26, but I think the point of Amendment 24, taking the chain of command out of anything to do with domestic abuse and ABH, is very important. I very strongly want us, if the Committee does not want to press the Minister to accept the amendment as phrased, to find a way of amending the legislation such that it can be taken into consideration, so that an allegation of domestic abuse would not go to the commanding officer. If this amendment does not work, please can the Minister come back with something that the Government feel is appropriate?

On Amendment 25, as with others, my noble friend Lady Brinton has picked up the danger of people falling between service justice and civilian justice. If we need to amend the legislation then that is something we should be doing. Clearly, we do not want individuals slipping between the two.