Draft Armed Forces Act (Continuation) Order 2017

Lord Lancaster of Kimbolton Excerpts

Tuesday 28th March 2017 General Committees

[The Parliamentary Under-Secretary of State for Defence (Mark Lancaster)]

I beg to move,

That the Committee has considered the draft Armed Forces Act (Continuation) Order 2017.

It is a pleasure to serve under your chairmanship, Mr Owen.

The draft order will enable the legislation that governs the armed forces, the Armed Forces Act 2006, to continue in force for a further period of one year until May 2018. This reflects the constitutional requirement under the Bill of Rights that the armed forces may not be maintained without the consent of Parliament. The legislation that provides for the armed forces to exist as disciplined bodies is renewed by Parliament every year. Every five years, renewal is by Act of Parliament—an Armed Forces Act, the most recent of which was the Armed Forces Act 2016. Between the five-yearly Acts, renewal is by annual Order in Council; the draft order is such an order.

The 2016 Act provided for the continuation in force of the 2006 Act until 11 May 2017 and for further renewal thereafter by Order in Council for up to one year at a time, but not beyond 2021. If the 2006 Act is not renewed by Order in Council before 11 May 2017, it will automatically expire.

--- Later in debate ---

[Mark Lancaster]

I am grateful for the Committee’s clear support. I will deal with those three questions. The first was why the three different services historically had their own legislation. When the Armed Forces Bill was considered under the last Labour Government, the decision to combine the three service justice systems into a single Act was considered at length. As we look back on that time historically, it has proven to be the correct decision.

I have certainly sensed from the Service Justice Board, which is an ongoing board, that there is no appetite at all to try to disentangle the three services from the single Act. That is always up for consideration, but the next opportunity that Parliament will have to do so will be when we consider the issue again in 2020, after the next general election, with that Bill becoming an Act in 2021. We always have that option, but I sense there is no appetite for it.

On who is covered by the 2006 Act, it is, of course, primarily the three single services—the Royal Air Force, the Army and the Navy. However, I should point out that certain civilians are covered in certain circumstances, such as civilians who live in an overseas territory with their spouse or other half who is a member of the armed forces, and, indeed, certain service civilians, such as Ministry of Defence employees who are serving overseas. Those distinct categories are covered by the Act.

The final question was about the status of offenders under the age of 18. Special provision is made to safeguard under-18s in the service discipline system, but they are generally dealt with in exactly the same way as others. I should say that there are currently no under-18s in the military corrective training centre at Colchester. Hopefully I have answered the three questions.

Question put and agreed to.