Armed Forces Act 2006 (Continuation) Order 2025

Lord Coaker Excerpts

Tuesday 15th July 2025 Grand Committee

Moved by

[Lord Coaker]

That the Grand Committee do consider the Armed Forces Act 2006 (Continuation) Order 2025.

[The Minister of State, Ministry of Defence (Lord Coaker) (Lab)]

My Lords, the purpose of this order is to continue into force, for another year, the legislation that governs the Armed Forces—the Armed Forces Act 2006. By way of background, Parliament renews the Armed Forces Act every five years through primary legislation. This first happened in 2011, then in 2016 and most recently in 2021. It will next be renewed in 2026. However, in the intervening years, an annual Order in Council, such as the one before us today, must be approved by both Houses. This will keep the Act in force for a further year, but for no later than 14 December 2026, when the present Act is due to expire. A new Armed Forces Act will therefore be required to be in place by December 2026 to renew the 2006 Act for a further five years, and then we will resume the practice of yearly renewals.

Having detailed the legislative framework for the draft order, I wish to turn to some of what lies at the heart of our Armed Forces. After announcing the largest sustained increase in defence spending since the Cold War, we recently unveiled our comprehensive strategic defence review, which declares clearly this Government’s intent to meet the threats we are facing and return the UK’s Armed Forces to a state of war- fighting readiness. This is why we are putting people at the heart of our defence plans. As set out in the strategic defence review, there will need to be a whole-of-society approach—wider participation in national resilience and renewing the nation’s contract with those who serve. In support of that approach, it is therefore essential that we improve the recruitment and retention of our personnel. This is why the Government have made the largest pay increase for serving personnel in more than two decades.

We will expand opportunities for young people to experience more of what the Armed Forces have to offer, delivering a 30% increase in cadets and introducing a voluntary gap year scheme. Further to this, we have brought back 36,000 military homes from the private sector as part of plans to transform Armed Forces accommodation, while we will also deliver a generational renewal of military accommodation with at least £7 billion of funding this Parliament, including over £1.5 billion of new investment for rapid work to fix the poor state of forces family housing. We are intensifying efforts to root out bullying and harassment, which have, as we all know, no place in our Armed Forces.

Against the backdrop of improving support for veterans, as exemplified by the new VALOUR programme, which will see VALOUR regional field officers working closely with local services and local government bodies on the application of the principles of the Armed Forces covenant for the betterment of our veterans. We will be updating kit and equipment across all three services to ensure that our nation and those who serve and will be serving in the future are ready to fight the war of tomorrow. That will mean harnessing artificial intelligence, drones, cyber technologies and other innovations alongside more traditional approaches to land, sea and air warfare to make us stronger and safer, because tomorrow’s conflicts will belong to the smartest and most innovative, as the war in Ukraine has shown and is showing.

The defence review sets out a path for the next decade to transform defence and help make it an engine for growth, boosting prosperity and jobs across the whole of the UK while continuing to lead within NATO, ensuring our security is protected through collective power and capabilities. To achieve this, we need to ensure that we maintain a strong and effective discipline framework for our Armed Forces, which the Armed Forces Act 2006 provides and which this order maintains for a further year. The 2006 Act contains nearly all the required provisions for command, discipline, justice, enlistment, pay and redress of complaints. It provides the legal basis and associated powers for offices such as the Judge Advocate-General and the Director of Service Prosecutions, as well as the various service courts. Further, it establishes the Service Police Complaints Commissioner and the tri-service Defence Serious Crime Unit, and contains the legislation for the Armed Forces covenant. In short, the 2006 Act is a vital piece of legislation that our Armed Forces cannot function without.

Those in service protect the nation, our allies and partners and global stability wherever in the world they serve. It is only right, as I know all Members of the Committee will agree, that in this debate we honour their bravery, courage and unflinching duty through the small token of providing consent today. To that end, all of us here pay tribute to their public service. I beg to move.

[Lord Craig of Radley (CB)]

My Lords, I support this continuation order. As has been explained, it keeps His Majesty’s Armed Forces legal until after the Armed Forces Bill in 2026 is enacted. The Minister has given a good trailer for the debate that we will have on Friday on the strategic defence review, so I will not respond on that.

I would like to make just one point. When the 2021 Act was being debated, I, Lord Mackay of Clashfern and other noble Lords pressed for the obligation to have “due regard” to the Armed Forces covenant to be extended from local authorities to include central government departments. We quoted, as examples in need of central government consideration, Gulf War syndrome and the right of abode in the UK for Hong Kong Military Service Corps veterans who had served full time in the Armed Forces. A compromise was reached, and the issue was set aside for further examination.

The present Government have made it clear from the outset that they would extend the responsibility for supporting the covenant to central government. This is most welcome—it will, I assume, be legally formalised when the 2026 Bill is being considered—but the importance and reach of the Armed Forces covenant has had a very long incubation. I was one of the first to raise an amendment to the covenant legislation, which I tabled to the 2011 Bill nearly 15 years ago.

--- Later in debate ---

[Baroness Goldie (Con)]

My Lords, first, I pay tribute to the noble Baroness, Lady Smith, for her impeccable judgment on timing, which worked very neatly. As she said, it seems that, every year, this comes round sooner than the year before; it is a bit like how policemen are getting younger. Anyway, here we are to approve the continuation of the Armed Forces Act 2006 for another year.

Apart from the necessary attention to legal process, this is a welcome opportunity to pay tribute to and thank our Armed Forces personnel for the incredible work that they do on our behalf. Some of those to whom we perhaps do not pay sufficient tribute are the ranks of talented civil servants over there—they were of enormous support to me when I was a Minister—so we should extend our thanks for the support that the MoD gives to both the political process and our Armed Forces personnel. I thank the Minister for opening the debate on the order and echo his praise for our men and women in uniform.

This debate provides an important opportunity to reflect on the previous year in defence. Over the past year, we have seen the international security environment deteriorate further. Russia is continuing its illegal invasion of Ukraine. Iran has become emboldened to lash out. Iranian-backed Houthis from Yemen sank two ships in the Red Sea just this month, and the conflict in Israel and Gaza is showing few signs of abating.

Currently, the carrier strike group, led by the fleet flagship HMS “Prince of Wales”, is in the South China Sea, reinforcing our global reach and maintaining freedom of navigation. As a country, we can take pride in the professionalism of our Royal Navy sailors doing so much to stand up for our country globally.

We have seen ever more harrowing attacks on Ukraine by Russia. Increased use of drones has meant that, as of 31 May 2025, 13,341 Ukrainians have been killed and 32,744 have been injured in Putin’s illegal war. The Government are to be commended for their continued, resolute commitment to aid Ukraine in repelling Russian aggression. With the recent announcements of the coalition of the willing, which has the best wishes of these Benches, we hope that further progress can be made on ending the war.

As my noble friend Lord Minto and I have said, we welcome the broad direction of the strategic defence review. I know that we will have a fuller debate on that matter on Friday, so I shall not delay the Grand Committee by dwelling on it. Suffice to say that, while I genuinely welcome the Government’s acknowledgement that much more must be done to bolster our defence capabilities, I shall have a number of questions arising out of the SDR, but the Minister will have to contain his excitement as to what those questions are until Friday.

I was very struck by what my noble friend Lord Lancaster said about the reserves, given his profound knowledge of them and his own military experience. He raised a number of interesting points, which I confess had not previously occurred to me, but I think are substantive. As we live in a new threat environment, with increasing need for resilience and swiftness of response, they are very well-made points, and I look forward to the Minister’s comments on them.

What I would like to stress at the moment applies to the Northern Ireland veterans. The Minister was helpful last week when he said that there would be a Statement soon on this matter, which is a welcome development; we might finally know what the Government are planning with regard to the legacy Act. I might point out that I did not get an answer to the question that I asked last Monday: does the Minister think that recruitment and retention in the Armed Forces will be aided by constantly relitigating cases where veterans were simply doing their jobs? The recent case of Soldier C—who has already faced multiple investigations and been cleared each time but has now been told as a very elderly man that he may face another investigation and possible prosecution—is more than egregious. I do not expect the Minister to comment on media commentary that the Minister for Veterans and People, the honourable Mr Al Carns, is allegedly deeply unhappy about possible changes to the legacy Act, but it underlines the need for urgent clarity by the Government as to their position.

On the issue of retention and recruitment, we all know how much service accommodation requires improvement. My right honourable friend in the other place, James Cartlidge, when a Minister in the MoD, began the process of buying back the estate from Addington Homes, to which the Minister referred. This was the first step in resuming control by the MoD over living conditions. But that work is not yet complete, and the next step requires further structural innovation and change and further investment. That is why my right honourable friend has launched his policy of instituting an Armed Forces housing association, where our service personnel would be part of the association governance, to better meet the needs and listen to the voices of our service men and women. I hope that the Government consider that a constructive proposal.

Finally, it would be remiss of me if I did not continue to push the Minister on the money. We know that the Government have decided to shift spending on intelligence to the definition of defence spending but, so far, it is not quite clear exactly how much of that intelligence spending will be redefined as defence expenditure. Could the Minister enlighten the Grand Committee on that point? Does the Minister have full confidence that the Government will be able to reach the new NATO defence spending targets?

I look forward to the Minister’s response but, of course, confirm that these Benches support the statutory instrument to keep the Armed Forces Act current in law.

[Lord Coaker (Lab)]

My Lords, I thank all the noble Lords who participated in the debate, particularly the noble Baronesses, Lady Smith and Lady Goldie. They expressed their support—I know it is true for every single Member of the Committee and across the whole Chamber—for our Armed Forces and the recognition of their work, both seen and unseen. It is quite right for all of us to remember that. Perhaps I may say to the noble Lord, Lord Lancaster, in recognition of the work that he does, we know that many Members are either still active or have been active as former military, and we continue to pay tribute to them. I thank the noble Lord for the work that he does, and I want to make sure that when we thank the Armed Forces we also include the reserves. I know that we would all wish that he conveys that message to them.

The noble Baroness, Lady Goldie, paid tribute to the civil servants as well. I like to think that, by and large, we are served well by the Civil Service in this country. They get some stick sometimes but in my experience, they are they are pretty good. I have one word, that I will not use—sometimes, I think that perhaps they could do a little better at understanding, but I shall leave that to my private secretary who is here and knows exactly what word I mean. But overall, they are a tremendous and great credit to our country. They deserve more support and recognition than they often get. I thank the noble Baroness to pointing that out; it was well made.

I shall go through a few of the points in no particular order. The noble Baroness talks about spending. She will know that the way in which this is now going to be included goes to the point made by the noble Lord, Lord Lancaster, about homeland resilience and Article 3. That is what has taken us down—the fact that for too long we have talked about Article 5 but not Article 3 in terms of civil defence, homeland resilience and homeland defence. That is why 1.5% is being talked about. What is included in the 1.5% will obviously be a matter for discussion and debate, but it will not include some of the silly suggestions that we have heard. There will be a debate about what it should include, because it will be part of building up to a significant homeland defence, civil resilience and all those sorts of things. So you will get whatever is spent on defence, plus that 1.5%. The noble Baroness, as well as other members of the Committee, will have seen the Government laying out that target of 2.6% by 2027. You can add 1.5% on it then, if you want, depending on how you get to 4.1%, the 3% in terms of defence spending in the next Parliament, and 3.5% by 2035.

In same way in which the noble Baroness, Lady Goldie, said that I will have to wait for her questions on Friday and contain my excitement, she will have to contain her own excitement about when the Government lay out exactly how we will reach those figures. But that is the aim and policy of the Government—to reach that target in terms of defence spending. I know that this sentiment is shared across the House in the last Government, this Government, and all of us: I thank her for the general support for Ukraine and what we are doing with respect to that country. It is an important statement of this country regarding standing up for our principles and providing leadership not only in Europe but beyond. I thank her for that and for her reminder. It is an important statement. Our debates and discussions are read by others, so it is important that we continually reiterate those points.

I also thank the noble Baroness, Lady Goldie, for her comments about the carrier strike group, which is currently just off the coast in Australia for Operation Talisman Sabre. She will know, because I have mentioned it in the Chamber, that I was with the carrier in Singapore recently and with the other support ships, including the Spanish frigate. The air power that the noble and gallant Lord, Lord Craig, mentioned and will be pleased about is all over the carrier, with the F-35Bs on the deck projecting that hard power. There is also the soft power, the defence diplomacy and receptions that have taken place. It is easy to mock that, but the diplomats, friends and the military from other countries came on board the carrier as well as the other ship.

I will digress slightly if the Committee allows me. I visited HMS “Richmond” and the Spanish frigate in Jakarta, which as everyone will know is in Indonesia, to show the fact that the Indonesian Government were welcoming British warships into Jakarta, which I think is very significant, as well as allowing exercises to take place, which some of their senior military would go on, off the coast of Indonesia. It shows the importance of that carrier strike group and the importance of the fact that our military, with our friends, allies and partners from the region, are out there in that part of the world, emphasising the importance of what we do. I thank the noble Baroness for raising that and giving me the opportunity to talk about that and about Ukraine.

--- Later in debate ---

[Lord Lancaster of Kimbolton (Con)]

I am very grateful to the Minister for giving way. I suppose I bring good news: I do not think we have a problem with recruitment. The one thing we do not have is a shortage of people wishing to join the Armed Forces. The problem we have is the self-imposed challenge through conversion. As ever, that is down to policy.

[Lord Coaker (Lab)]

That is something to look at and to try and deal with. Certainly, some of the things I see suggest that there is a need for the process to be improved. One of the things we are doing is to try to improve the process as well.

Before I come to my final comments, the noble Baroness, Lady Goldie, would have seen the debate in the other place yesterday about veterans and Northern Ireland. As it stands at the moment, this is as much as I can say: the Government are discussing this very seriously with the Northern Ireland Office, veterans’ organisations and victims’ associations in Northern Ireland to try to ensure that we move to a situation that is acceptable and respects those veterans who have served us so proudly in the past. That is what we are seeking to do. When we are in a situation where there is agreement and we have a policy that makes sense and is acceptable, then we will be able to come forward and make a statement with respect to that. The noble Baroness is right to raise it, and it is an important issue. The office of my honourable friend Minister Carns is just next door to mine, as the noble Earl, Lord Minto, and the noble Baroness, Lady Goldie, know. I spend all my time talking to him, and he is working very hard on veterans affairs, bringing his particular experience, which I think is a great benefit to the Government—it would be of great benefit to any Government, but we are very proud and pleased that he is a member of our Government and is helping us with that, because of the obvious credibility he has.

Those are most of the points and questions that people raised in this short debate. Obviously, we will have a longer debate or discussion on Friday, with the whole day on the defence review, which the noble Lord, Lord Robertson, will lead and I will conclude. With that, I beg to move.

Motion agreed.