Armed Forces Bill (Fourth sitting)

Luke Akehurst Excerpts

Select Committee stage
Tuesday 14th April 2026 Public Bill Committees

[Dr Shastri-Hurst]

I am grateful for the opportunity to speak in support of the amendment, which was tabled in the name of His Majesty’s loyal Opposition, and to set out my broader support for clause 20. I will begin with the clause itself, because it addresses the composition of the court martial. In such circumstances, it is right that we support the very sensible change that the clause sets out, with its underlying intent to ensure that the court martial is properly constituted and capable of commanding confidence across the armed forces and the wider public. Enlarging the pool of those who can sit on it is a welcome amendment.

Precisely because we support that principle, however, we also need to examine whether the system is fully equipped for the realities it faces. In that context, the amendment becomes not only relevant, but in my view increasingly necessary. The amendment proposes a simple change, as set out by my right hon. Friend, to include retired holders of the relevant rank among those qualified for membership of the court martial.

At first glance the amendment may appear relatively modest, but I suggest that, like many apparently modest changes in defence legislation, it subtly reflects something much more significant. It reflects a recognition of the demands placed on our armed forces justice system and how those are changing over time, and changing rapidly. We are operating in an era of increasing operational tempo—a phrase that is often used in defence debates, sometimes frequently.

[Luke Akehurst (North Durham) (Lab)]

Has the hon. Gentleman made any assessment of whether the capacity savings from serving officers not having to serve on the court—because under the amendment they would be replaced by retired officers—are perhaps exceeded by the burden on the service justice system of having to track and maintain some kind of database of the retired officers that it would call on to serve?

[Dr Shastri-Hurst]

The hon. Gentleman makes a helpful challenge. Clearly, there is no impact assessment with the amendment. However, there is a joint service publication, the RARO—regular army reserve of officers—list, and there are those letters I receive annually asking me to update my address and contact details. There are already mechanisms by which individuals can be identified and recalled for this service. Given the operational tempo that I have described, it makes sense that we ameliorate the pressure on those who are currently in active service while not impacting the flow of justice through the service justice system.

--- Later in debate ---

I say that because one challenge sometimes faced by the armed forces justice system is not necessarily a lack of expertise, but a lack of availability of individuals at the precise moment when that expertise is required. The danger of that, and something that I suspect we would all agree we want to avoid, is that it creates delays. It can create scheduling and listing difficulties; and in some cases it puts an enormous strain, as I have said, on those who have served. We have to be absolutely candid. Justice delayed is not just justice denied in the civilian context. In the military context, that can cause much wider issues in terms of morale, discipline and operational focus.

[Luke Akehurst]

I feel that the hon. Member is perhaps trying to fix something that is not broken. In the evidence we heard about the service justice system, was there anything that implied that there was a large-scale problem with delays and scheduling? I ask because I thought I was hearing about a system that was relatively efficient and speedy compared with the delays that we all know are afflicting the civilian justice system. There was just one instance—I think it was of a general who had done something inappropriate regarding funding for school fees. It was almost a sui generis incident where it had been difficult to put together a board. Will the hon. Gentleman accept that there is some danger that the amendment is attempting to fix something that is not broken in a system that is actually working rather well?

[The Chair]

Order. I gently remind hon. Members that interventions should be slightly shorter than that.