Armed Forces Commissioner Bill

Graeme Downie Excerpts

Consideration of Lords message
Wednesday 2nd July 2025 Commons Chamber

[Luke Pollard]

I thank my hon. Friend for placing on the record the military events in his constituency. It is so important that we recognise the links and ties that so many of our military units have with the localities from which they recruit, where they are based and where they serve. I agree with his broader point; the time is right for us to pass this Bill, get it into law, and allow us to move to a situation in which we have an Armed Forces Commissioner able to deal with the issues raised by our people and their family members.

The Government took on board the important debates in both Houses and proposed amendment 2A, to which this House previously agreed. That amendment honoured the spirit of the noble Baroness’s amendments in the other place and actually went further than her proposals, delivering concrete legal protections that were not included in the amendments that are back before us today. We are seeking to reinsert that better amendment, which was made early in the process and in good faith, following discussions and co-operation with the Opposition in the other place. Given the strong cross-party support for the Bill and clear arguments in favour of the amendment in lieu, we had been hoping that that would enable us to conclude proceedings. The Government amendment will establish genuine protection for people wishing to raise a concern anonymously, and will build trust and confidence among our armed forces and their families in a way we cannot envisage will be achieved by the proposed amendments that are before us today.

[Graeme Downie (Dunfermline and Dollar) (Lab)]

I was very happy to serve on the Committee for the Armed Forces Commissioner Bill while it was proceeding through this place. As the Minister knows, there was a large amount of consensus about the need for that process to conclude as quickly as possible, and I recently wrote an article with my hon. Friend the Member for Portsmouth North (Amanda Martin) about the need to give our armed forces the reassurance that this Government are taking action to support them and their families. Does the Minister agree that it really is time to get on with this? We have a consensus in this House that the Armed Forces Commissioner should be able to begin work as quickly as possible.

[Luke Pollard]

I thank my hon. Friend for his intervention, and for the work he has been undertaking with my hon. Friend the Member for Portsmouth North (Amanda Martin). The Armed Forces Commissioner was a key manifesto promise made at the general election, and made with the deliberate intent of providing an independent voice—an independent champion for those people who serve. We know that for many of our people some of the service welfare matters are not good enough, including childcare and the poor state of military accommodation. The ability of the commissioner to raise those issues, investigate them and use the additional new powers not currently available to the Service Complaints Ombudsman is a substantial step forward for our people and a key plank of renewing the contract between the nation and those who serve. I agree with my hon. Friend that I would like to see that get into law.

Briefly, I will remind the House of the protections currently afforded to the armed forces; one thing I have been made aware of during these debates and discussions is that it is worth repeating some of those, so that there can be no doubt about them. All defence personnel are protected in relation to whistleblowing under existing defence policy, which enables individuals to raise and resolve issues in a way that is protected and secure and does not lead to wrongful disclosure of official information.

The armed forces operate within a different legal and constitutional construct to that of civilians, so they are not explicitly covered by the Public Interest Disclosure Act 1998—PIDA. However, as a matter of policy under this Government and the previous Government, the Ministry of Defence already recognises and adheres to the criteria for protected disclosures, and it follows the prescribed procedures and protections for those making a qualifying disclosure. The MOD will not tolerate any form of victimisation of an individual for raising a genuine concern. The Government amendment is supported by further non-legislative commitments which, taken together, further bolster trust and confidence in the Armed Forces Commissioner in that respect. They include reviewing and updating the Ministry of Defence’s policies and protections relating to raising a concern, which would include whistleblowing in the sense we are discussing it today.

To be clear, the Government recognise the importance of due protection for whistleblowers. Indeed, just this week the Cabinet Office is hosting a whistleblowing conference, bringing together policy representatives from across Government to review the current whistleblowing framework and discuss forthcoming changes under the Employment Rights Bill. That Bill contains a new clause strengthening protections for people wishing to make a protected disclosure under PIDA, and explicitly recognises sexual harassment as grounds for a protected disclosure. The Ministry of Defence’s “raising a concern” policy will be reviewed and updated to reflect these changes, and we welcome the interest of Members from all parties in that process.