Armed Forces Bill (Fifth sitting)

Mark Francois Excerpts

Select Committee stage
Tuesday 14th April 2026 Public Bill Committees

[Al Carns]

Coming back to amendment 9, I agree that pulling together a court martial board to deal with senior officers poses more challenges than it does for junior personnel. Such cases are rare, and changes were made quite recently to address the issue. Changes were made in secondary legislation in 2024 to provide more flexibility in the formation of court martial boards for trials where the defendant is a senior officer, to address any potential difficulties in finding sufficiently senior personnel who do not know the defendant to sit on the board. Having boards that are tri-service has also helped assist with that. The changes ensure that the president of the board—the most senior person on the board—will be at least a one-star when the defendant is a one-star or above, and that practical attempts are always made to try to find a suitable two-star. When a two-star cannot be found, a one-star works. For defendants below one-star, the president of the board is always one rank higher.

We talked about capacity and the availability of ranks, and we will look into the detail of how we ensure that the Defence Serious Crime Command has the authority to leverage people to deliver the right consistency on boards. In terms of capacity in dealing with senior officer trials, there are around 200 one-stars in the armed forces and around 470 personnel at one star or above. There are sufficient personnel to meet the few occasions when senior personnel are tried. We keep those matters under review through the governance board of the service justice system, the service justice board and the service justice executive group, in which all key stakeholders are represented.

Clause 20 amends section 156 of the Armed Forces Act 2006, to correct an anomaly relating to those who are eligible to sit on a court martial board. The Armed Forces Act 2021 reduced qualification for those non-commissioned officers who were entitled to sit on a court martial board from a warrant officer to those of substantive OR-7 rank, for example a colour sergeant. However, a technical oversight meant that other subsections of section 156 were not also amended to reflect those changes. Consequently, only warrant officers and equivalent who became commissioned officers automatically qualified to sit on a court martial board, while OR-7s still had to undergo a three-year qualification period. Clause 20 simply enables those who receive their commission and were of former substantive OR-7 rank to automatically qualify to sit on the court martial board. I hope that provides the necessary reassurance to the right hon. Member for Rayleigh and Wickford on those grounds, and I ask him to withdraw his amendment.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I do not think we need to have a debate on clause 20 stand part because we had a pretty thorough debate on the amendment, which covered most of the issues. I will seek the leave of the Committee to withdraw the amendment, but I would like to put down the marker that we have had an interesting debate and we might wish to return to this subject on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 20 ordered to stand part of the Bill.

Clause 21

Power to impose post-charge conditions on persons not in service detention

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 22 to 24 stand part.

--- Later in debate ---

[Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)]

I feel I should say something about this, as I started it. I did so because I consider Falmouth to be the home of the Royal Fleet Auxiliary’s Bay class ships, as it is where they are maintained and repaired, so the RFA personnel are in great part my constituents.

RFA personnel are fundamental to the Navy and to the military. In many cases, as has been pointed out, they allow them to do their job. Recently, they worked on operations relating to the shadow fleet and protecting cables. One of the Bay class ships became a hospital ship off the west coast of Africa during Ebola. The RFA has played multiple roles, often as the forgotten service; it slips between the civil service and the military. Many in the RFA feel that their work has not been appreciated, so I am pleased that the Government have picked up on that and put this clause in the Armed Forces Bill—it is much appreciated. It is the start of work on building recognition of the RFA and on retention and recruitment within the service, which has struggled of late. I appreciate this measure and am very pleased that it has been included.

[Mr Francois]

As the title of clause 30 is “Commissioner’s functions in relation to Royal Fleet Auxiliary”, I will ask the Minister something about the commissioner and then something about the Royal Fleet Auxiliary.

It would appear that, after some time, the Government have now announced someone to fill the position of commissioner. I wonder whether the Minister can confirm that. There are reports in the media that the appointment has been made, but I hope the Minister will put that firmly on the record and say a bit about the individual and how they came to be selected. What was the process by which they got that important job? Has the Defence Committee been involved in the appointment in any way?

[Mike Martin (Tunbridge Wells) (LD)]

I can help out a little with the right hon. Gentleman’s question. The post was not filled. The Government were having some difficulty in filling the post, and—

[The Chair]

Order. We are going down a rabbit hole. The Committee is not here to debate who will fill the commissioner’s role; we are here to debate the clause. Can we get back on subject, please?

[Mr Francois]

Thank you, Mr Efford. I just wanted to know who got the job.

Turning to the RFA, I pay tribute to the hon. Member for Truro and Falmouth for what she has done to raise the profile of the Royal Fleet Auxiliary. The issue is clearly extremely close to her heart. I believe that she was trying to advance a private Member’s Bill, having done well in the ballot, but there has been a slight problem with that, because—almost exceptionally, other than during covid—the Government’s business managers have hardly provided any time at all in this Session for private Members’ Bills. All those Members who had Bills that were important to them never really got a chance to make their case, so it is good that she has had the opportunity to put something on the record today.

The commissioner has important powers, as my hon. Friend the Member for Exmouth and Exeter East said, and the Royal Fleet Auxiliary has a very important role. From memory, it was created in 1905. The Minister, from his time as the chief of staff of the carrier group, knows how important it is. Technically, its personnel are not members of the armed forces, but members of the merchant navy. However, it is fair to say that the Royal Navy could not operate without them, as was well said by the hon. Member for Truro and Falmouth, who understands these matters.

The RFA has a slightly unusual constitutional position, but is a vital part of Britain’s defence none the less. Indeed, a few days ago, a number of Russian shadow fleet tankers were shadowed through the English channel by the RFA Tidespring, because no escort was operationally available. That is pretty embarrassing for the Government, when the Prime Minister has talked so tough about boarding shadow fleet tankers but has boarded precisely none of them. We touched on that point in the Chamber yesterday. Perhaps the Minister can update us. Why we did not have a warship available to undertake the task, when the Russians had a warship to escort their own shadow fleet? The middle of the channel is international waters. Where are we on all this?

[The Chair]

Order. Can we get back to the Bill? The right hon. Member is asking a lot of questions that I am sure are very interesting, but they are not germane to the Bill. Can we get back to the subject that we are debating?

[Mr Francois]

Yes, Mr Efford. I will conclude there. I just wanted to know why the RFA is doing a job that the Royal Navy is supposed to do. After our debate yesterday, perhaps the Minister will enlighten the Committee.

[The Chair]

It is up to the Minister whether he wishes to answer any of that.

[Al Carns]

First, I pay tribute to my hon. Friend the Member for Truro and Falmouth. She generated this, and now it has come to fruition, so well done. The reality is that there is no Royal Navy without the Royal Fleet Auxiliary. The RFA does an exceptional job across everything from high-end technical to refuelling and enabling our carrier strike group.

When we talk about embarrassment and availability of capability, the unfortunate reality is that we have the cards that we have been dealt, after successive Governments under-invested in the significant hard capability that we require to deter hostile states. As a Minister in the previous Government, the right hon. Member for Rayleigh and Wickford owns an element of responsibility for that.

[Mr Francois]

For the record, whatever we did or did not do in Government, we did not bring in the £2.6 billion of operational spending cuts in the financial year just gone. That is why our availability is so poor, and that was a purely Labour decision, was it not?

[The Chair]

Order. We are getting off the subject again. Can we come back to the clause, please?