Mr Mark Francois
MP for Rayleigh and Wickford · Conservative · United Kingdom
“Secondly, what actions is he as Defence Secretary, no doubt in consultation with the Chief of the General Staff, taking to push back against these pernicious in-year funding cuts imposed by the Treasury?”
“Taking him at his word, I must press him on some extremely worrying reports—first published in The Times on 3 September, and amplified in the Defence Eye journal on Tuesday—that British Army training is being seriously curtailed in order to provide in-year efficiency savings— “cuts”, in pub English— at the Treasury’s behest.”
“I am sure that I speak for the whole House in paying tribute to the Ukrainians for their fierce and determined resistance. They are fighting for the values of freedom and democracy, which this House has represented for centuries, so when we say, “Slava Ukraini!”, we mean it.”
“On behalf of the shadow Defence team, I would like to take this opportunity to welcome the new Defence Secretary—Labour’s third in three months—to his place and to thank him for advance sight of this important statement.”
“Tragically, a number of innocent civilians were murdered in Kyiv last night. On supporting Ukraine and brave President Zelensky, there has been absolute solidarity between ourselves and the Labour party.”
“On housing numbers, there is no Reform MP present this afternoon, but Reform-led Rochford district council has just published its regulation 19 local plan.”
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“Abby Dryden: I think progress has been made, but there is a need for awareness of the fact that we are dealing with a highly mobile population, which is restricted by procedural requirements. Again, it is probably similar to some of the issues that we deal with in relation to care and treatment for certain medical conditions, which might be at the top of lists, then fall down to the bottom again when families change location. I would say that yes, generally, progress has been made in a moderate fashion.”
“Q You mentioned special educational needs. Historically, it has been an issue that a service family may sometimes have to work for several years to get a statement for an SEN child. We now call it an education, health and care plan, but it was a statement in old money. It might take a family two years to get that from their local education authority. As an example, let us say it is the Wiltshire LEA if they are based at Tidworth. However, if they are then posted to Catterick, they have to go back to square one—or they did have to—in order to start that whole very painful journey again. We are all constituency MPs here, so we all know how difficult it can be. It is not a partisan point at all. Has there been any progress on that issue at all over the past couple of years, and if not, is it an issue that we should raise on Thursday?”
“One of the fundamental principles of the armed forces covenant is that there should be no disadvantage as a result of service. Abby Dryden: Yes, absolutely.”
“If you are saying that the situation has got a bit better, that is encouraging, but I think you are also implying that there is more work to be done. We might want to explore that on Thursday under the “General service welfare” part of the Bill.”
“Q Colonel Doherty, in fairness to you, we should put it on the record that, in the military, liability has a different meaning from the one that it has in general English language usage. Thank you for your service. The first issue is just a branding point. A while back the Army Benevolent Fund had a bit of a rebrand as the Soldiers’ Charity, I think. Where are you on that? Col. Darren Doherty: We have rebranded now. The old terminology of ABF The Soldiers’ Charity was what we used for a number of years until last year. We have rebranded again, at a very low cost. It did not cost us very much. We did not go through any hugely expensive marketing routine to do it, but we are now the Army Benevolent Fund.”
“I am not sure that it is something that would require specifically laying out in the Bill. That is my own opinion.”
“Q You mentioned that you have 38 years of service, so you would be perfectly human to be thinking about pensions. There is very little reference to pensions in the Bill, but you could argue that if you are looking at issues of general service welfare, what happens to a service person’s pension is very important to them and their family. Do you think it a weakness in the Bill that it does not say much specifically about pensions? Would you like to see that specifically included? Col. Darren Doherty: It is not an area of expertise for me. I think the provision of pensions and advice on pensions—this is from my personal experience of having just gone through it—is adequate, with the support of great institutions such as the Forces Pension Society as an additional advising actor.”
“It is not quite as severe as that, but the Armed Forces Commissioner has an Ofsted-like capability under the Bill to turn up unannounced, certainly within the UK; it is more complicated if it is abroad. Do you think that that power will be valuable in holding people to account and concentrating minds, and how often do you think the commissioner should use it? Air Commodore Simon Harper: I am old enough to recall TACEVAL, sir, and was part of that way back in the late 1980s.”
“Q Thank you. I think we all know that the Forces Pension Society is the Office for Budget Responsibility, if you like, of all military pensions issues, but as it is not here this afternoon, so forgive the question to you. Can we switch to the Royal Air Force, please? Air Commodore Harper, you are probably too young to remember, sir, but in the cold war there was what was called the tactical evaluation process, or TACEVAL. It was a bit like a military Ofsted, and a team could turn up at an airbase—for example, RAF Brüggen in West Germany—say that world war three had just broken out and basically put the station through its paces for several days, and they would get an Ofsted-like score at the end.”
“The Royal Air Force Benevolent Fund will not have a particular view, but my personal view is that, if properly configured, it would be of value to commanding officers. I have no specific view on timescale, but once every 18 months would be the absolute maximum for me, based on my own personal experience in a training establishment.”
“I was trying to be nice. Air Commodore Simon Harper: You are very kind, but I remember it as Ofsted-like. When I was a commanding officer, I remember Ofsted visiting my unit, which was a training unit as well. I will phrase my answer in that respect. I found those inspections to the chain of command hugely beneficial on two grounds: they provided an independent view of the operational output of a given unit, and they allowed me to ensure, with confidence, that I had the appropriate processes and policies in place to deliver my output. I have not been close to the Air Force in a regular sense for 18 months, but I guess the challenge would be how that is defined either in the Bill or in the roles and responsibilities of the commissioner—what output are you looking for from a particular unit, and what is it you are checking?”
“That is the exciting part of having an Armed Forces Commissioner—somebody who can hear from different areas and connect the dots to realise what is happening in different places. There is an oversight role there. That is incredibly useful to us as grant funders. We do our grant funding based on need, so if need is identified, that is where we can bring that wraparound support to families.”
“Are you happy that the powers in the Bill are sufficient for the commissioner to investigate that issue? I am thinking particularly about the ability to produce thematic reports, and housing is an obvious issue for an early report. Do you have a particular view on that? Mandy Harding: From what I have read of the Bill, my understanding is that the Armed Forces Commissioner will have the power to investigate and look at issues that are arising. In our charity’s line of work, we come into contact with beneficiaries and we get reports in through the partners and organisations that we fund. In direct work with the people we have been supporting, particularly on neurodiversity and special educational needs and disabilities, housing does crop up.”
“Q Some of your colleagues down the years have told me that knowing the TACEVAL team could turn up at almost any moment very much concentrated minds. It kept people sharp, is how one person put it to me. It is a slightly different situation here, but most people seem to think it is good to have those powers in the Bill. We will move to the Royal Navy—apologies for leaving the senior service until last, Ms Harding. On the housing side, in my experience all three services tend to treat service housing slightly differently. From memory, quite a lot of service personnel live off base and tend to commute to their place of work. Quite a few of them actually buy a property rather than live in a quarter. Obviously, housing is one issue that the commissioner will look at.”
“We have continued to investigate need; we have gone out to beneficiaries to find out what is going on and what they need. That is the power of using commissioning principles in our grant-making, which is quite unique. We can then commission with the use of grants, having seen who the best provider is. One of the big pieces of work we are doing is around neurodiversity. It is a big area of work, and I have already booked to speak to both my colleagues either side of me, because we would like to make this a tri-service piece of work going forward. I think that is what will be required to enable the changes that we can see might need to happen.”
“Q This is my last question. You mentioned SEND, which I think we have already agreed we might discuss on Thursday, because it is so important. Could you say a bit about the work that your charity has done on the SEND front? Mandy Harding: We realise that a lot of our families have “plus, plus, plus” issues. We know that across the country there are issues with SEND. Getting assessments is very difficult and transferring across local authorities is particularly tricky. The issues were laid out quite well in the “Living in our Shoes” report by Professor Jan Walker, which was commissioned in 2019. She laid out some recommendations, most of which—over 100—were accepted by the Government at the time. We have built on that report.”
“However, under what “welfare” might mean to families, at the Naval Families Federation, our top two issues are housing and support to non-UK serving personnel and their families, with visa and immigration, the processes and the ongoing need for support from our qualified caseworkers. Collette Musgrave: To be frank, I will be boring and raise the same two issues—but I will expand a little on “non-UK”. We have had multiple investigations and reports on the state of housing and accommodation—SLA and SFA—but there has been little investigation into the nature of the challenges that non-UK serving personnel, or family members who might be non-UK, also face in service family life.”
“Q Having dealt with the three families’ federations when I was a Minister—admittedly, about a decade ago—I always found your input extremely valuable. I put that on the record this afternoon. I am sure that the Minister will echo my remarks. You represent the families of service personnel and, as at the heart of the Bill are issues of general service welfare, may I give each of you an opportunity to raise your top two or three issues under that heading that you would like to see the commissioner produce early thematic reports on and to give us some idea why you picked those? This time, let us start with the senior service. Sarah Clewes: “Welfare” is an interesting term. We are not in the welfare space. The Navy is looked after by the Royal Navy families and personnel service—they deal with welfare.”
“Q That is fair. The Defence Committee has done quite a bit on service accommodation down the years, but I cannot recall—having served on it for seven years or so—ever doing something specific on that. That is probably to the Committee’s discredit, but I cannot remember us doing a report directly on that. Collette Musgrave: Non-UK serving personnel have been increasing year on year and form a much greater proportion of our armed forces than they once did.”
“The Royal Air Force, what about you? It will be interesting to see whether we have a hat trick. Will you give us your top one or two? Maria Lyle: You nearly have a hat trick. You say that we represent families, which we absolutely do. We represent serving personnel as well, which is why I will mention housing in terms of houses, but also single-living accommodation. We had 650 people who came to us this year on that issue, before we get going on housing itself. My second one—we have a much smaller non-UK population in the RAF because we recruit differently—would be education and childcare. That is what people come to us about in its various forms and facets.”
“I would say that they are the most vulnerable—the ones who have the biggest challenges to overcome in our systems.”
“Q Anecdotally, if colleagues will forgive me, I remember going to RAF Digby about a decade ago, where there were some very highly-qualified communications specialists, who do important work, living in what were virtually demountables, to use a colloquial term. These people are massively employable in industry and then we wonder why they leave, so I sympathise with your raising that issue. Again, this is a bit of a hot button of mine, but you also mentioned educational need. Does that include special educational needs, and if so, could you elaborate on that slightly? Maria Lyle: It does. That is the very sharpest end of the wedge when it comes to challenges for military families. If they are moving, picking up that provision and replicating it in a new area is not always possible.”
“The transferability of many things that affect service personnel and their families, both for those inside the UK and those moving to and from the UK, is a real challenge and can often be the final tipping point for them making that decision to either leave or serve unaccompanied.”
“Q Perhaps I could take the liberty, Mr Efford, of asking the other two services whether they want to add anything on the SEN point. The Army tends to move around so much; I know that it is a particular issue when families move from garrison A to garrison B. Collette Musgrave: I would merely echo Maria’s comments. It is very much at the sharp end of things in education provision for service children. SEN is a real concern for us, and significant numbers of people articulate to us that they are going to either leave or serve in separated service, because of the frustrations felt through many years of moving from location to location and having to start the SEN process over again.”
“The pressure on family life, as we have already heard today, is the single biggest reason why people leave, but when we went round a number of military bases, we found it was often an amalgam of reasons. Sometimes there would be a pressure cooker effect over several years, and then one thing might become, in colloquial English, the straw that broke the camel’s back. Sometimes it is that cocktail that just becomes a bit too much. Is that a fair characterisation? [ Interruption. ] I can see some heads nodding, so that still holds good five years on. Thank you very much. You have been generous with your time, Mr Efford—thank you.”
“The Bill also includes the power for the commissioner to publish a separate report on a thematic issue if they choose to. It will be down to the commissioner to decide not only where that comes from, but where the issues are taken up. The commissioner has the ability to look at the service complaints system and the issues coming through that as one measure for deciding what thematic areas to investigate. It will be for the commissioner to decide what recommendations to make to Government via Parliament.”
“The additional own initiative powers that will be added to this role, forming the commissioner’s office, will be for them to undertake thematic inquiries. Again, we have not overly specified the process that will happen when someone gets in touch with the commissioner, precisely because we want the commissioner to define what their processes should be and to have the independence to establish the processes, the structures and the ability to listen and feed into their thematic reports. To the same extent, we have not specified how many thematic reports a commissioner should make. We are working on the assumption that, if they are looking at a range of issues, an annual report would contain a summary of their work throughout the year, as well as the usual annual reporting details about staff levels, volumes and other bits like that.”
“If it is the latter and not the former, that is a big change. Could you clarify that? Luke Pollard: Yes, certainly. On the point about SEND, we have not specified an exhaustive list of precisely what the commissioner should be looking at because the independence of the commissioner allows them to choose which issues they want to address, based on the feedback that they are receiving from armed forces personnel and their families, or that they have identified on their visits. It is not an exhaustive list, and we are happy to look at particular circumstances—thank you for the notice. When it comes to the role of the commissioner, we are effectively rolling the Service Complaints Ombudsman functions into the commissioner.”
“Q Francois, Lieutenant 523962—very, very rusty number. Minister, we will get into all the debates on Thursday, but I give you fair notice that, after the testimony of a number of people today, including the last panel, we are probably going to try to provoke a debate on special needs education under clause 3, when we get to that—just to give you and your officials time to prepare. I have a couple of other questions on the Bill. You said something on Second Reading that was not entirely clear—I do not mean that critically; it is just the way that it came out. Is the commissioner still going to take up individual cases that have exhausted the service complaints process, in the way that the Service Complaints Ombudsman currently does, or is the commissioner going to concentrate generally on more thematic issues?”
“Apart from that, the entire SCOAF system is deliberately unchanged, because the place for any revisions to the functioning of the service complaints system would be the armed forces Bill, which will come in about two years’ time. The Bill gives the commissioner the ability to be informed by the service complaints system, as well as anything else they may receive, when deciding on thematic investigations or areas they want to look at.”
“Q To be really clear, is it both? If Corporal Atkins has exhausted the service complaints process but still feels deeply aggrieved and is convinced that it has not adequately dealt with his issue, he could still go to the commissioner, and the commissioner would have the discretion, just as the ombudsman always had, to take up Corporal Atkins’ complaint and look into it in more detail. Luke Pollard: Exactly right—all the SCOAF functions move in their entirety. The only change we are making to the SCOAF functions is a very slight and minor one: at the moment, you need an officer to decide validity or eligibility, but that is being changed to an official.”
“That is pretty clear, so thank you for clarifying. I will stop there because I know you have only limited time for your panel and others will want to ask questions.”
“Labour-led Basildon borough council’s new draft plan is at the regulation 18 stage, but it proposes a completely unsustainable 27,000 new properties across the borough, including 4,300 in Wickford, in my constituency, which is completely unsustainable and would involve concreting over whole swathes of our local green belt. As well as reimposing mandatory housing targets, which are an insult to local democracy, why is Labour now trying to neuter local planning committees of democratically elected councillors, taking away the say of local people, when it is desperately difficult to persuade people to vote in local elections as it is?”
“I commiserate with the workers in Luton who will lose their jobs. If Vauxhall is synonymous with Luton, Ford is synonymous with Essex. The Secretary of State referred to 800 Ford job losses, including at its research centre at Dunton, where many of my Rayleigh and Wickford constituents work. On electric vehicles specifically, I am a free trader by instinct, but what China is doing in that area is way beyond normal competitive practice. It is dumping electric vehicles very cheaply on world markets, a point highlighted by the Chairman of the Select Committee, the right hon. Member for Birmingham Hodge Hill and Solihull North (Liam Byrne). What specifically do the Government intend to do about that to maintain fair competition and give British companies, including Ford and Vauxhall, a fair chance to compete?”
“Thank you, Mr Speaker—it is nice to be back. On recruitment, many who join the armed forces began their military journey as cadets. The previous Conservative Government’s cadet expansion programme successfully established hundreds of new cadet units in state schools. However, this Labour Government have recently withdrawn a critical £1 million-plus grant that supports cadet instructors in many of the very same state schools. Will the Government as a whole urgently review that very unwelcome decision?”
“I welcome the Minister’s kind welcome. On retention, how can we persuade people to remain in our armed forces if they sense that the new Government do not really have their back? In that context, will the Ministry of Defence start to defend its own veterans within Whitehall, and argue that the perverse plan to repeal the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 should be abandoned as soon as possible?”
“By addressing the issues we have raised today—the transition of outstanding ombudsman cases, the urgency of the timeline, the potential costs, the commissioner’s authority and the scope of support for veterans—we can avoid pitfalls. As we move forward and the Bill enters Committee, we will continue to work constructively with the Government in, I hope, the same bipartisan spirit that the whole House has clearly embodied this evening, pushing for clarity and advocating for the changes needed to make this legislation as truly impactful as I am sure that the Government and the Minister intend it to be. Our forces deserve nothing less. We stand ready to collaborate on securing a fair, accountable and effective system that upholds the highest standards for those who are serving and who have served, and their families.”
“As I have outlined, the Armed Forces Commissioner Bill represents an opportunity to enhance the support and advocacy that we provide to our armed forces. There is potential for the Bill to address some of the most pressing issues facing service personnel today, and to offer essential accountability and transparency to those who sacrifice so much in the service of our nation. It is crucial that we get this right. We are committed to working with the Government to ensure that the Bill delivers on its promise. We owe it to our armed forces to scrutinise the details thoroughly, so that this legislation does not become another layer of oversight that complicates the process, but rather provides streamlined and meaningful support.”
“The Royal British Legion states in its very good briefing note on the Bill: “RBL and Poppyscotland would like clarity on how the Armed Forces Commissioner will interact with the existing Veterans’ Commissioners for Wales, Scotland and Northern Ireland and the proposed National Veterans’ Commissioner.” When the Minister sums up, will he explain what the relationship will be between the new armed forces commissioner and the proposed national veterans commissioner? While he is at it, will he update us on the progress on the national veterans commissioner? On a related point, the well-respected Northern Ireland veterans commissioner Danny Kinahan resigned recently, for reasons that have not been made entirely clear. Will the Minister update the House on why he resigned, and what arrangements have been put in place for his replacement?”
“Clause 4 will amend the Armed Forces Act 2006 to allow the commissioner to investigate a “general service welfare matter…which, in the Commissioner’s opinion…arises in connection with the ongoing service of persons subject to service law…or relevant family members.” There is no direct reference to veterans, even though by definition they previously served in the armed forces, some of them for many years. Given that veterans also experience welfare issues—not least to do with the payment of pensions or outstanding claims from the armed forces compensation scheme—is there scope for allowing the new commissioner to take responsibility for examining those issues, too?”
“The Secretary of State confirmed in his opening remarks that the Defence Committee will be involved in the appointment process. Will it have a veto on a proposed appointee if, for whatever reason, it has concerns that they might not be suitable? It is crucial that the Bill brings about measurable change that is beneficial to our service personnel. The proposal in the Bill that thematic reports be laid before Parliament each year is welcomed by the Opposition. Finally, as a number of hon. Members have asked, what about veterans?”
“Wherever it comes from, how much money are we talking about? The figure of £5 million has been mentioned a couple of times this evening; I wonder whether the Minister can confirm that. On the financial implications, how will that funding affect other essential services? As hon. Members in all parts of the House know, defence budgets are continually stretched. Fourthly, another critical area on which we would like further clarity is the authority that the commissioner will hold. Will this individual have the autonomy needed to genuinely advocate for our forces without interference? That point was stressed by the Chair of the Defence Committee, the hon. Member for Slough (Mr Dhesi), in his very good contribution. How will the commissioner interact with the Defence Committee?”
“Secondly, what is the timeline for establishing the new commissioner role? Do the Government expect to have the commissioner in place by the time the strategic defence review reports in the first half of next year? Some cynics are already suggesting that that will be in late June 2025. If we could have confirmation on the timeline, that would be helpful. Thirdly, I come to financial questions. What will be the true cost of establishing and maintaining the commissioner? Paragraph 11(1) of proposed new schedule 14ZA to the Armed Forces Act 2006 states: “The Secretary of State may make payments and provide other financial assistance to the Commissioner.” What budget has been allocated to the commissioner’s office for 2024-25? Will that come from the MOD’s budget or from the Cabinet Office?”
“First, His Majesty’s loyal Opposition have concerns regarding the transition of cases outstanding with the Service Complaints Ombudsman, whose office will be abolished via clause 1. Some of those cases have been open for a considerable time, causing significant stress and frustration to those affected. Will the Minister explain what will happen to the many cases still outstanding with the current ombudsman? Will they be transferred automatically to the new commissioner? If so, what assurances can he give that the transition, which will follow Royal Assent, will not lead to further delays or the loss of critical information? Our service personnel deserve timely resolutions. Indeed, we must avoid any risk of cases slipping through the cracks during the handover. I hope he will accept that that is a perfectly legitimate concern.”
“As we support the vision of the Bill, we also have a duty to scrutinise how this new role will be implemented, how it will integrate into the current framework, and its implications for those already navigating the armed forces complaints system. In short, the challenge for Ministers will be to convince armed forces personnel and their families that this new legislation will represent real change, and will not just mean replacing the nameplate outside the office of the Service Complaints Ombudsman with a new one that says “Armed Forces Commissioner”. We support the vision, but the proof of the pudding really will be in the eating. I have questions that I hope the Minister will address in his winding-up speech.”
“If executed correctly, this could enhance oversight, transparency and the lived experience of our servicemen and women, strengthening public confidence in how their issues are addressed. A truly independent, well-resourced commissioner with the right powers could be a powerful voice for our service personnel and veterans—I will come back to the topic of veterans—addressing their concerns fairly, transparently and promptly. We believe that this vision deserves cross-party support. However, there are details in the Bill that we intend to examine closely. We must ensure that it truly delivers on its promises without adding unnecessary complexity to the existing oversight system.”
“More seriously, she invoked the memory of our fallen comrade Jo Cox and quite rightly pointed to her plaque, which is on the wall behind me. Of course, Jo is famous for her suggestion that as Members of Parliament, we have more in common than divides us. That was absolutely the spirit of this evening’s very good debate. At the core of this Bill, as I am sure the Minister will agree, lies a commitment to supporting our armed forces personnel. They deserve a system that not only honours their service, but ensures accountability and fairness in addressing their legitimate concerns. The Bill proposes a model similar to the German system, whereby the commissioner has what we might characterise as Ofsted-like powers, including the ability to enter military sites and access pertinent information for investigations.”
“In tonight’s debate, a number of tributes were paid by hon. Members who have relatives who serve in the armed forces. It is greatly to the House’s credit that we now have so many MPs who have either served in the armed forces, or have loved ones who do. My godson, Second Lieutenant Alexander Blackwell, passed out from the sovereign’s parade at RMA Sandhurst in August and is now a second lieutenant commissioned into the regular Army. I place on the record that I am as proud of him as all other hon. Members are of their family members. We also had a very accomplished maiden speech from the hon. Member for Scarborough and Whitby (Alison Hume). Not only was she lucid and entertaining, but it was the first occasion in my 23 years in this place on which I have known anyone to get Dracula into a maiden speech—she really got her teeth into it.”
“Members for Plymouth Moor View (Fred Thomas), for North Durham (Luke Akehurst), for Angus and Perthshire Glens (Dave Doogan), for Strangford (Jim Shannon), for Leyton and Wanstead (Mr Bailey), for Portsmouth North (Amanda Martin), for Colchester (Pam Cox), for Halesowen (Alex Ballinger), for Dunfermline and Dollar (Graeme Downie), for Livingston (Gregor Poynton), for Hartlepool (Mr Brash), for Bracknell (Peter Swallow), for Broxtowe (Juliet Campbell), for Dudley (Sonia Kumar), for South West Norfolk (Terry Jermy), and—last but not least—for Aldershot (Alex Baker), as well as from my hon. Friend the Member for Exmouth and Exeter East (David Reed). I am particularly indebted to the hon. Member for Bracknell, who mentioned that he has the Royal Military Academy Sandhurst in his constituency.”
“As the shadow Armed Forces Minister, I begin by reiterating that Conservative Members approach this Bill as critical friends, with a commitment to strengthening its impact for those who serve this country so bravely. This has been a good-quality debate, conducted in a notably bipartisan spirit. Another sub-theme has been the benign presence of a former Royal Marine mafia—they have been prevalent throughout the debate, from the Veterans Minister himself downwards. For the record, the Veterans Minister was present for the opening speeches, even though he was not allowed to contribute. We have had a number of extremely good Back-Bench speeches, from the hon.”