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Armed Forces Bill

My Lords, we now return to what I previously called a key part of the Bill, on which I have written to noble Lords. In speaking to Amendment No. 66, I shall also cover Amendments Nos. 67 and 72. I remain absolutely convinced that the appointment of a Service Complaints Commissioner under the Government’s amendments moved in Committee is right for the way that the Armed Forces operate. It meets the overall objectives underpinning Mr Blake’s recommendation in the Deepcut review, which sought to promote the effective operation of existing military proceedings, rather than to replace them and to provide independent assurance that the procedures are working as effectively as they can. It will provide the best solution for service personnel. They need to have confidence in a fair and efficient system. I believe that this is best achieved by the changes we are making in the Bill. They streamline the existing system and introduce independence where that is necessary. But they also retain a connection between redress and the services. I think it essential to retain the important role of the services in looking after the welfare and discipline of those under command. I would like to reiterate some of the main points of our proposed system. First, the Service Complaints Commissioner will have an important role in relation to allegations of bullying, harassment, and other forms of misconduct. The commissioner will be able to refer such complaints to the chain of command, which will then have to check with the alleged victim whether he or she wants to make a complaint. These allegations can be sent to the commissioner by the alleged victim or any other member of the public.So the Bill will provide an alternative to going straight to the chain of command. We will lay down in subordinate legislation, which will be subject to affirmative resolution, how the commissioner is to be kept informed about cases he has referred to the chain of command. This will also ensure that whoever contacted the commissioner about the case can also be kept informed of progress. There will be independent oversight by the commissioner of the performance of the system as a whole, with direct reports to Parliament and direct access to Ministers. Further, the independent element in the consideration of complaints related to bullying, harassment and other forms of misconduct will be provided by the presence of an independent member on service complaint panels. We have already talked about complaint panels and I now want to concentrate on the commissioner. As I have said previously, and I again stress here, although some of the proposals in AmendmentsNos. 66 and 72 coincide with those of the Government, Amendment No. 72 goes beyond what is proposed by the Government. The noble Lord’s amendments would involve the creation of a parallel system of complaint, controlled and directed by a commissioner. The relationship between its decisions and those of the internal redress system is not specified, but I suspect that having two systems would inevitably be complicated. The amendment leaves it to the Secretary of State to work out the details of this parallel or alternative system. However, these amendments would undermine the responsibility of the services for dealing with complaints and the parallel system they require would mean that some complaints would be dealt with under the internal system and some under the commissioner’s. This could result, for example, in a lack of consistency in dealing with complaints; in the application of time limits; and ultimately, a significant and worrying decline in the ability of the services effectively to look after their own people. However, I share the view of the noble Lord, Lord Garden, expressed in the House on 12 October, that it will be crucial to ensure that the post of Service Complaints Commissioner is filled by an appropriate person. As such, we intend that this individual will be someone of the stature and experience appropriate to a post of this importance, as the noble Lord has said. We will consult the Children’s Commissioner in line with the recommendation of the House of Commons Defence Committee. We envisage that appointment will take place through public advertisement and a fair and open competition, and that the normal principles of the public appointments process will apply. We will consult further with any other persons whom we think can usefully contribute. We intend that the selection panel will include an external, independent element, and we are exploring the possibilities, including the opportunity for the selection panel to be chaired by a senior Civil Service commissioner. I remain convinced that the appointment should be made by the Secretary of State, as is the norm in comparable cases, and we see no reason to be different with this appointment. I also agree that the commissioner should be adequately resourced in order to give effect to the role. This will need to be kept under review in relation to the commissioner’s workload as the role develops. As an individual officeholder, the commissioner will have the legal powers necessary to appoint staff. The commissioner’s annual report will provide the commissioner with the opportunity to raise any concerns about resources and the ability adequately and effectively to carry out the role on that basis. I most firmly believe that the existing system will work fairly and efficiently, and that it will maintain the balance between the service role and the appropriate degree of independence in responding to complaints. I therefore ask the noble Lord to withdraw the amendment.