Armed Forces Bill (First sitting)

Ian Roome Excerpts

Tuesday 24th March 2026 Public Bill Committees

[David Reed]

I thank the hon. Member for her intervention; she is an expert in these areas.

National Governments have legal teams to help them interpret the concept of due regard and apply it evenly across their Departments. When we get down to the local council level—I think we have all experienced this—that might be more inconsistent because the skills might not be there to bolster that support. We need to make it clearer. It might not be a case of changing the nature of due regard but of making it more explicit so that councils can interpret it.

[Ian Roome (North Devon) (LD)]

I would like to draw the Committee’s attention to the Defence Committee report on the armed forces covenant, which is based on evidence from witnesses. It says:

“As the current duty of ‘due regard’ is inconsistently interpreted, the extended duty must be accompanied by clear guidance so that the duty is clearly understood and is not treated as a tick-box exercise.”

It goes on to say:

“We heard many examples where the Covenant was not working as designed, resulting in people who have served being financially disadvantaged, unable to access medical care, or unable to find an appropriate school for their children as a result of their service.”

That was all due to the wishy-washy interpretation of due regard.

[The Chair]

That is a long intervention, and we have an amendment on that subject.

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[Rachel Taylor]

I thank my hon. Friend for his intervention, and that is exactly the point I am making. We need to encourage the best from all our services, local authorities, police, education, courts and so on. We should not lose the approach of striving for the best, in favour of having a national minimum, because that becomes a drive to the bottom. We need to allow organisations to design their own approach with their local community to do the best they can for the armed forces—veterans and serving personnel—within their communities.

[Ian Roome]

It is nice to serve under your chairmanship, Mr Efford. Amendment 5 would add a new section to the armed forces covenant provisions that were introduced in the Armed Forces Act 2006 to try to make access to services more consistent. This Bill requires specified persons to have due regard to the covenant for specified matters, such as the fair provision of childcare, healthcare and social care, housing and other services listed in clause 2. Some of those specified persons are national bodies, but others are local authorities, educational bodies and health bodies, many of which are much more localised.

Without a national benchmark for supporting armed forces families, we risk that due regard to the covenant will still be interpreted in very different ways by, say, neighbouring local councils. I fear that some might see it just as a paper exercise. That could be unfair on armed forces personnel in some parts of the country, but would make life especially hard for those being reposted every two years. For example, Devon has one, two or three overlapping levels of local government, depending on where someone lives. Our NHS hospital trusts, police, fire authorities and other services have different boundaries too.

The problem of a postcode lottery was identified as a weakness in the original covenant. If someone is in uniform, they could easily be reposted from a big city to RAF Lossiemouth or RNAS Culdrose—a completely different kind of community. The Defence Committee’s report on the armed forces covenant found that some councils have priority housing rules for veterans, while others still require a local connection. That can be unfair on service families who move around a lot.

[Mike Martin]

Does my hon. Friend agree that, since the heart of the covenant is about establishing parity and equity of service provision for all serving personnel and veterans, we must establish exactly what that means as a minimum? Without establishing what services must be provided—as a floor, not a ceiling—how can we have equity across the country?

[Ian Roome]

I totally agree with my hon. Friend. Published guidance can be interpreted differently from authority to authority. It is about how they put that into action.

Local NHS services have a mad patchwork of transfer rules depending on where someone moves from across the country, which can make access to medical care difficult, as I am sure some of us have experienced—I have, because I have a large garrison in my constituency, and I receive casework from serving personnel about the difference that they have experienced around the country. That is part of what we are trying to fix.

We should expect the Secretary of State to put specific protocols in writing for local bodies across the country. That would be fairer to our service personnel, but it would also make the Government’s responsibilities clearer—it would end our discussion now, where we are asking what due regard means—if local bodies fail to uphold what is being asked for in the Bill. The amendment would require a standardised set of protocols to be produced by the Secretary of State within six months of the Bill passing, require local bodies to act accordingly, and require the protocols to be brought back to Parliament when the procedures need to be revised.

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

It is an enormous pleasure to serve under your chairmanship, Mr Efford.

I want to focus my remarks on amendment 8, which, as my hon. Friend the Member for Exmouth and Exeter East set out, seeks to provide a clear and practical definition of due regard in the Bill. If Parliament is placing a legal duty on public bodies to have due regard to the armed forces covenant, it is only right that it should be clear what that duty requires in practice.

The Bill places a duty on specified public bodies to have due regard to the principles of the armed forces covenant when exercising certain functions, as set out in proposed new section 343AZA(5) of the Armed Forces Act 2006, including in areas such as healthcare, housing, education, transport and pensions. However, the term “due regard” itself is not defined in the Bill or elsewhere, which creates a very real risk of inconsistent interpretation or application.

Amendment 8 would resolve that uncertainty by defining due regard as requiring public bodies to

“think about and place an appropriate amount of weight on the principles of the Armed Forces Covenant when they consider all the key factors relevant to how they carry out their functions.”

That would not represent a change of policy; it would merely clarify how the duty is to operate. It would make explicit what many would assume is already intended, but which is not currently set out in the Bill.

The armed forces covenant itself is well understood by many. It reflects the principle that those who have served our armed forces, and their families, should not be put at a disadvantage compared with other citizens in accessing public services. It also recognises that, in some cases, special consideration may be appropriate. I think those principles are widely supported not just in this place but among the wider public. The purpose of the Bill is to ensure that they are also reflected in the decision-making processes of public bodies.

The effectiveness of the duty to have due regard to the covenant depends in large part on how due regard is understood and applied. In the absence of a definition, there is scope for variation. Some public bodies may interpret the duty as requiring active and meaningful consideration of the covenant in their decision-making processes; others may take a more limited approach, treating it as a procedural requirement that can be satisfied with relatively minimal engagement. That variation matters in practice.

Members of the armed forces and their families frequently move between different parts of the country, and they rely on services provided by local authorities, healthcare systems and other public bodies. A lack of consistency in how the covenant is applied can result in uneven access to support in those circumstances. Let us take the example of a service family who move from one area to another. They may encounter different approaches to school admissions, healthcare provision and housing allocation. If due regard is interpreted differently in every area, the level of support available may itself vary significantly.

Amendment 8 would support a more consistent and coherent approach. By defining due regard clearly, it would establish a common standard that can be applied across different public bodies. The proposed definition is deliberately balanced: it would require public bodies to think about the covenant and give it appropriate weight, but it would not require a particular outcome in any given case, and it would not override other relevant considerations. It would simply ensure that decision makers exercise judgment and balance competing factors. At the same time, it would ensure that the covenant is not overlooked or treated as an afterthought. It requires active consideration—that is the way it must be interpreted.

The reference to appropriate weight would make it clear that the covenant must be taken seriously, even if it is not determinative. That reflects the approach taken in other areas of public law where due regard is applied, in which contexts the courts have been very clear that the duty involves more than simple awareness; it requires informed and timely consideration of the relevant principles as part of the decision-making process. Amendment 8 would adopt that well-established understanding and apply it in the context of the armed forces covenant, providing a much clearer framework within which public bodies can operate.

It is worth reminding ourselves that clarity is important not only for public bodies, but for those affected by their decisions. Members of the armed forces community need to know what they can reasonably expect when engaging with public services. A clearly defined duty would help provide that assurance to them and their families. It would also support accountability. Where a duty is clearly defined, it is easier to assess whether it has been properly discharged. With the proposed definition in place, Parliament and others would be better placed to scrutinise how public bodies are applying the covenant in practice. Without a definition, that scrutiny becomes much more difficult; it is less clear what standard is being applied, and therefore harder to identify when that standard has not been met. Amendment 8 would strengthen both the operation of the duty and the ability to hold public bodies to account for its delivery.

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[Al Carns]

While I may not have served in local government, I absolutely acknowledge that we drown in bureaucracy across the UK. I would say that, compared with primary legislation, a councillor is far more likely to listen to and acknowledge an individual who has experience of armed forces service and who tries to enforce, educate and communicate the requirement to comply with the covenant.

There are two things that are going to bring about change. The first is armed forces champions across local councils, who do a fantastic job. They can be paid and there are no terms of reference; the role has not been standardised. The second thing, which will really change things over time, is the Valour programme, under which local field officers will help communicate and educate on compliance with the covenant over time, and help those councillors who perhaps do not understand it to deliver in line with it more effectively.

[Ian Roome]

I was a local armed forces champion. I was in local government for 22 years and ended up being council leader before entering this place. I can tell the Committee that, in practice, I was going around and screaming my head off to make sure that people were listening but, as it was not mandatory, they could just refer to due regard and make their interpretation of the guidance. I was a local armed forces champion for eight years, right up until I entered this place in July 2024, and I struggled to get veterans the help they needed. I just want the Minister to take that on board.

[Al Carns]

I thank the hon. Gentleman for his service, both in the military and in local government, and as an armed forces champion. The honest reality is that as the duty is broadened from three areas to 12 plus two, local councils will be held to account to deliver for the armed forces community—and not just for veterans, but for families and others. The statutory guidance will be really clear. Combine that with field officers, under Op Valour, holding councils to account, with clear terms of reference that are standardised across the UK, and I think we will see a massive improvement in services, not just for veterans but for the broader armed forces community.

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[Al Carns]

The public sector equality duty has been in force for 15 years and its duty of due regard is working well; we seek to replicate that as we move forward. From my perspective, the amendment risks constraining rather than strengthening that approach. As I have said many times, this is a step in the right direction. It broadens the policy areas covered by the covenant, which is a fantastic step and should be seen very positively across the armed forces, their families, our veteran community and the bereaved.

I thank the hon. Members for North Devon and for Tunbridge Wells for amendment 5, which proposes a statutory requirement for the Secretary of State to

“prepare and publish a national protocol for consistent access to public services”

for personnel and their families. While I recognise the importance of consistent and reliable access to public services for the armed forces community, again I respectfully cannot accept the amendment. A national protocol setting out standardised procedures and expectations could create a minimal level of requirement that organisations might seek to meet without going any further. It therefore risks unintentionally limiting the steps taken by those organisations to support the armed forces.

[Ian Roome]

Will the Minister outline what the minimum requirement is currently?

[Al Carns]

The minimum requirement at the moment is to stay in line with the covenant principles. That needs to be balanced with the broader local issues that each local authority is facing. That will never be standardised because our local communities are different, from Cornwall to the north-east, Scotland and Northern Ireland. This is the harsh truth of the postcode lottery: the covenant will broaden out to a variety of policy areas but the way to solve its implementation is through communication and education, rather than tying ourselves up in bureaucracy and legislation.

[Ian Roome]

We heard in the Defence Committee that a lot of people currently serving in the armed forces have never even heard of the armed forces covenant; they do not know what it is. We are discussing how to educate the public, but a lot of people serving have never heard of the armed forces covenant. Does the Minister think that the education needs to start within the Ministry of Defence on how it handles the armed forces covenant?

[Al Carns]

I completely agree. I served for 24 years, and I did not know what the covenant was until I left and became the Minister for Veterans and People. That is the honest reality. I am sure that others who are serving also do not know what the covenant is. There is an educational requirement within the military, but also—I say this ever so gently—they are so focused on their operational roles and responsibilities that they are not necessarily interested in what comes next, or in understanding the benefits of the covenant to their families and loved ones while they are serving, which is a crying shame. I completely agree that we must make a more conscious effort to ensure that the covenant is understood by those serving, those who have left, and importantly—perhaps in some cases more so than for any other group—the families of veterans or of those serving. There is a huge amount of support out there, but it is often untapped because of the lack of education.

The legal duty is set up so that bodies can make decisions that are right for the local context and circumstances, including the devolved Governments. I would argue that a one-size-fits-all approach could inadvertently hinder tailored solutions that best meet the needs of armed forces personnel and their families. Instead, the covenant duty is supported by robust statutory guidance that acts as a clear point of reference for public bodies. Therefore, further expectations are unnecessary. This guidance ensures that the needs of the armed forces community are properly considered, while allowing for local discretion and responsiveness. Furthermore, transparency and accountability are maintained through the armed forces covenant annual report, which monitors progress and highlights areas for improvement.

In summary, mandating a national protocol risks imposing unnecessary rigidity and could limit the ability of public bodies to respond effectively to local circumstances—a point that I keep coming back to. We believe the current approach strikes the right balance between consistency, flexibility and accountability. I hope that reassures hon. Members, and I ask them not to press amendments 8 and 5.

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[Ian Roome]

When I was a council leader, we signed up to the armed forces covenant scheme, which set some principles for councils. Can the Minister give any indication of how many councils up and down the country have actually signed up to the armed forces covenant scheme?

[Al Carns]

That is a really good question. I will come back to the Committee with the exact detail, but lots of councils have engaged and have gold, silver and bronze standards. Some of them are exceptional. Some of them—this goes back to the point about the postcode lottery—do not necessarily need to sign up, because their community does not have a huge number of veterans or armed forces. I will endeavour to come back to the Committee with the detail.

There is already an established statutory duty to report to Parliament on the delivery of the covenant. There is therefore no need to establish a new reporting mechanism. The hon. Member for Exmouth and Exeter East is welcome to come and have a discussion with the Minister for Veterans and People and me about what that report looks like so that we can move it in the right direction. However, we believe that a proportionate, flexible approach, supported by guidance and ongoing engagement, is the best way to ensure that local authorities deliver meaningful support to the armed forces community without unnecessary administrative burdens.

I hope I have clarified the situation, reassured the Committee and offered up a brief for the Minister for Veterans and People and me on the annual report and what it consists of. I ask the hon. Member for Exmouth and Exeter East to withdraw amendment 13.