Armed Forces Bill (First sitting)

Debate between Al Carns and Neil Shastri-Hurst

Select Committee stage
Tuesday 24th March 2026 Public Bill Committees

[Al Carns]

I thank the right hon. Member for Rayleigh and Wickford and the hon. Members for Exmouth and Exeter East, for Solihull West and Shirley, and for South Northamptonshire, for amendment 8, which seeks to define “due regard” in the Bill. I recognise their intent, their positivity and their commitment to the covenant, but I cannot accept the amendment.

The amendment is unnecessary because due regard is a long-established legal concept that public bodies already understand and routinely apply in practice. The existing covenant duty of due regard is already driving positive change in its current areas of housing, healthcare and education.

[Dr Shastri-Hurst]

Does the Minister not accept that there is inconsistent application of the covenant across public bodies, and that to try to fix that, which all of us on the Committee are seeking to do, there is strength in codifying it in the Bill?

[Al Carns]

I absolutely agree, and I am one of the biggest champions for shouting about the postcode lottery in the delivery of the covenant. Putting that in the Bill would not change it. It requires education, communication and, in a lot of ways, internal support within local authorities to deliver it. The hon. Member for Exmouth and Exeter East mentioned the lack of skills at local council level—that is the problem. It is not necessary to amend the Bill; the statutory guidance will be absolutely clear and concise on what the covenant means.

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[Dr Shastri-Hurst]

I am grateful to the Minister for indulging me. I do not disagree that, to a greater or lesser extent, this is a matter of education, but there is the issue of guidance being guidance and not being mandatory. If a definition were included in the Bill, it would provide a much stricter framework—alongside the education piece for local authorities—to ensure that we are getting this right. Does he agree?

[Al Carns]

I agree with the premise of the hon. Member’s point. Where I disagree is in how local authorities may view that and how it may restrict their ability to deliver services across other requirements, in line with local priorities. In my letter to the Committee, I wrote:

“When developing the Armed Forces Covenant Legal Duty, due regard was deliberately chosen to bring about lasting positive change…whilst at the same time retaining some flexibility for public bodies to make decisions that are right for their local context and circumstances.”

That is really important, because some of our constituencies will have different levels of need compared with others. Some may have large veteran populations; others may not. Some may have a large number of cancer patients, for example. Prioritising veterans in a very narrow, bounded line above those individuals may skew a whole list of requirements and needs across other public services, hence my point about communication and education, and then the yearly accountability in line with the covenant, which is critical to ensure a level of accountability.

Government Departments are also demonstrating how covenant considerations are driving change in practice. For example, this Government have gone further than before by removing local connection requirements for access to social housing for all veterans. I would be really interested if the right hon. Member for Rayleigh and Wickford has examples of where that local connection requirement has not been removed; if he does, I ask him, please, to highlight them to my office so that we can take them on and deal with them, because we removed the requirement last year.

Our experience of the public sector equality duty also shows that a duty of due regard, when properly supported, is sufficient to drive lasting cultural and organisational change, but I do accept that this is the first step to moving in that direction. In addition, the covenant’s statutory guidance, which we can scrutinise in due course, will include a dedicated section explaining what due regard means in practice, including the key issues faced by the armed forces community that bodies must consider. I would welcome the whole House’s view on how that can be improved—if, indeed, it thinks it should be.

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[Al Carns]

I completely agree. The reality is that the implementation of the covenant has been really narrow, across three different Departments. The Bill will broaden the number of policy areas it covers to 12 plus two, which will put an onus on councils and allow people to hold them to account on delivering in line with the armed forces covenant. That is a positive step in the right direction. When we combine that with Valour over time, starting small and broadening out, we will end up with a data-based solution that ensures that councils can support their armed forces community in a more effective and balanced manner.

A definition of due regard in the Bill risks being overly narrow and could unintentionally limit how bodies apply it in practice.

[Dr Shastri-Hurst]

I promise the Minister that this will be the last time I intervene.

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[Dr Shastri-Hurst]

That was a lawyer’s promise; the Minister can read it as he wills.

Does the Minister not think that having a definition of due regard in the Bill would assist the courts in interpreting its application in cases where a public body’s decision is challenged by a member of the armed forces community?

[Al Carns]

When it comes to the legal process, we must ensure that there is the flexibility in local councils to adhere to the covenant in line with the broader issues and capacity that they may have to deal with. Some council areas have a huge number of veterans, and others have very few. Many councils, including mine in Birmingham, have a huge housing problem. Should we prioritise a single mum with a child, or a veteran? If we made that too explicit, we would skew how local councils view veterans and the armed forces as a whole. That is quite dangerous.

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[Al Carns]

We continue to discuss with Scotland, Northern Ireland and Wales how best to enhance the cross-pollination of EHCPs and individual support plans. We will continue to do so and, in particular, will try to speed up the transition and make it smoother for highly mobile children.

To legislate in the way the shadow Minister suggests, when a White Paper is already out and changes in legislation are coming, could result in the incorrect solution for armed forces families. What I would recommend is a discussion with the Minister for Veterans and People to update the right hon. Member in full and ensure that any ideas or insights that he has are pulled into that work, so that we come up with the best collaborative solution. The Government’s preferred approach is collaboration within existing frameworks, underpinned by the covenant duty, which will deliver the practical benefits without the unintended consequences.

Amendment 12, which seeks to continue adoption and fostering arrangements automatically across local authority boundaries, would raise significant practical difficulties. Each local authority operates with its own procedures, safeguarding requirements and legal frameworks. A single, one-size-fits-all statutory requirement risks creating confusion, administrative burden and potential delays, which is precisely the kind of disruption that the amendment seeks to avoid.

The Ministry of Defence already provides comprehensive guidance for service families through the adoption and fostering defence instruction notice, which embeds the MOD’s role firmly within existing civilian-led systems. These long-standing civilian frameworks already ensure continuity for families when they move. In combination with the strengthened covenant duty, they provide a far more practical and effective approach than the amendment process.

The right hon. Member for Rayleigh and Wickford raised a specific case. I am more than happy to take it offline. If we can help directly where the system has not worked, or help with the process, I will pass it on to the Minister for Veterans and People, and we will get after that problem set.

The covenant’s statutory guidance provides a flexible and practical framework that respects local authority responsibilities while directly addressing the challenges faced by service families. It ensures that individual circumstances can be properly considered without imposing rigid requirements that may not fit every complex case.

For those reasons, the Government consider the amendment unnecessary and duplicative. We remain fully committed to supporting healthcare needs for armed forces families, improving SEN provision and ensuring robust support for those involved in adoption and fostering. We will continue to work collaboratively with delivery partners and improve guidance where needed, rather than impose inflexible statutory mandates that risk unintended consequences. I hope that that provides reassurance. I ask hon. Members not to press amendments 10, 11 or 12.

[Dr Shastri-Hurst]

I am grateful to the Minister for setting out his broad support for the intent of my amendment, if not for its practical workings. I am grateful for the invitation to meet him and his ministerial colleague to see how we can reach a settlement to ensure equality for armed forces personnel on this issue. On the basis of his reassurances, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Northern Ireland Troubles Bill: Armed Forces Recruitment and Retention

Debate between Al Carns and Neil Shastri-Hurst

Monday 5th January 2026 Commons Chamber

[Al Carns]

The reality is that the last Government’s legacy Act made promises that could not be kept, and explaining why to our veterans community is exceptionally difficult, and I will not lie on that. On the same hand, we have been clear that inquests that were started by the last Government, but stopped—such as Loughgall in 2014—must continue and come to their rightful conclusion. We must ensure that throughout that process, all our veterans are protected as we progress.

[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

The Minister has more experience than most with the global threats facing this country. In those circumstances, we need to be recruiting the brightest and best to our armed forces and retaining them. He has set out current retention levels with certain detail, but that is before the Bill passes through Parliament and, as the Government hope, becomes enacted as law. Does he not recognise that the inequality of arms under the legal system for our veterans is likely to have a significant impact upon retention?

[Al Carns]

This Government have an exceptional record on supporting our veterans. We put more money into veterans than any other Government in the past 10 years. We put £50 million into Valour. We have enhanced the Op Restore programme. Op Courage on mental health has now got £21 million and has rolled out. Our career transition partnership is second-to-none. On housing, we have got Op Fortitude. We have had 4,100 referrals and more than 1,000 veterans supported. We are doing a fantastic job for veterans. We must ensure that they are protected as we go forward.

Oral Answers to Questions

Debate between Al Carns and Neil Shastri-Hurst

Monday 8th September 2025 Commons Chamber

[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

For many veterans, hearing loss is one of the hidden scars of service, and in a number of cases, it has been linked to defective 3M hearing equipment. Will the Minister use their arts of persuasion on the Prime Minister to ensure an independent inquiry, so that we can find out the extent of this, and see whether any other equipment is involved and how we can prevent it from happening again?

[Al Carns]

Anyone with hearing loss from equipment can absolutely apply for compensation through the war pension scheme or the armed forces compensation scheme. Broader work is happening on those specific bits of capability outside this place.

Oral Answers to Questions

Debate between Al Carns and Neil Shastri-Hurst

Monday 24th March 2025 Commons Chamber

[Al Carns]

As part of our future veterans strategy, a women veterans annexe will provide specific guidance on females wanting to leave the armed forces. It is also important to mention that we are not just setting up the violence against women and girls taskforce; we have the sexual harassment survey going out, the tri-service complaints system, the review of our zero-tolerance policy by a KC to move to 100% action, an international culture and behaviours conference to learn best lessons from our international partners, and the modernisation of our military appraisal system to ensure that people who get involved in unacceptable behaviour are tracked through the system so they can be held to account.

[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

8. What discussions he has had with his NATO counterparts on increasing defence industrial capacity across the alliance.