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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“I fully acknowledge the hon. Gentleman’s point about education being a devolved matter, which makes the SEN issue more complicated. He is quite correct about that, but does he acknowledge that amendment 2 allows for that and specifically refers to it? Secondly, there is no cross-border issue in England. If I agree with him that this would best be done via an education Bill, will he agree with me that in England there is no impediment whatsoever to making the transfer of EHCPs for service children mandatory?”
“The difference is that, while people in civilian life sometimes have to move jobs at the behest of their employer, service personnel are ordered to go. They really have no choice: once they have been posted, they have to go. Therefore, in ordering them to go, the state should have a moral obligation to deal with the consequences for special needs children. Does the hon. Member accept that that is a difference between service and civilian life, and that under the principle of “no disadvantage” in the covenant, the state should do the right thing?”
“Friend the Member for Huntingdon, which has the support of over 20 hon. Members. The essence of the new clause is that no fees should be charged to serving or previously serving members of the armed forces, or their family members, who are applying for indefinite leave to remain under the immigration rules appendix for His Majesty’s armed forces. In practical terms, the new clause would amend the Immigration Act 2014 so that when members of the armed forces apply for ILR, in return for their willingness to serve the Crown, the attendant fees would be waived. This is a particular issue for Gurkha families, and foreign and Commonwealth personnel who are serving, or have served, in the armed forces.”
“When I was debating the Armed Forces Commissioner Bill—now the Armed Forces Commissioner Act 2025—with the Minister some months ago, he gave a commitment that the veterans’ commissioners for Scotland, Wales and Northern Ireland would be mirrored by the appointment of a veterans’ commissioner for England. However, that has still not come to pass. Could he explain to the Committee where the Government now sit on this issue? When can we expect them to honour their pledge to create a veterans’ commissioner for England? Have they begun any interview process, to at least begin to identify a suitable candidate for the role? The Government gave their word on this. The Committee would be grateful for an update from the Minister on where the Government are with this matter. I turn to new clause 5, tabled by my hon.”
“Having addressed our amendments towards the opening of the debate, I will now speak to the new clauses. New clause 3 would create a veterans’ commissioner for England. My hon. Friend the Member for South Northamptonshire (Sarah Bool) made a good case for doing so during the Select Committee on the Bill, and did so again this afternoon. She received cross-party support—certainly in principle—from the hon. Member for Edinburgh South West (Dr Arthur), who made an extremely thoughtful contribution. He also gave my hon. Friend the Member for Huntingdon (Ben Obese-Jecty) some support for new clause 5, which I will come to in a moment.”
“If, by some happenstance, they became involved in a firefight with Russian troops who had made an incursion across the line of ceasefire, who is to say that years—maybe decades—later, those personnel would not end up in a court of law for obeying what they believed to be perfectly legitimate orders, after some second-guessing by a human rights lawyer, perhaps with Russian assistance? In short, we cannot allow this Government’s obsession with human rights to put our armed forces at risk, either now, in the future or historically, and potentially force them to fight ruthless opponents with one arm tied behind their back. This issue will not go away, and at some point, the Government will be forced to address it, be it through the Northern Ireland Troubles Bill or some other mechanism.”
“Self-evidently, there must be, because otherwise why was Shiner struck off and convicted of fraud by a court of law? There can be—in fact, there were—hundreds of vexatious prosecutions against British military personnel. It was, for the record, Johnny Mercer, a former Member of this House, when he served on the Defence Committee some years ago, who led a sub-Committee investigation into this issue. Its very powerful report helped to bring Shiner to book, no doubt saving the taxpayer a lot of money, and leading to Shiner’s career ending in disgrace. To come to the present day, what if there were a ceasefire in Ukraine? Let us posit a situation in which, under the auspices of the coalition of the willing, British service personnel were deployed to Ukraine.”
“To be clear, Keir Starmer was not acting in that action. Shiner won, so the Strasbourg Court ruled that the European convention on human rights would then apply to any theatre in which British armed forces personnel were serving. Through that judgment, an industry was effectively created, which Shiner then massively exploited. He brought literally hundreds of cases against current and past British armed forces personnel. Many of the cases were funded by British taxpayers through legal aid, and were completely and utterly fabricated for money. It was the use of the ECHR that allowed him to do that. In other debates in the Chamber, we have heard senior Ministers, including the Secretary of State for Northern Ireland, say that there is no such thing as a vexatious prosecution.”
“The Minister for Veterans and People got into some trouble over that, because when we highlighted the matter in the Commons, she was adamant that he had not been working for Shiner. Unfortunately for the Minister, we had the court records from the House of Lords, which showed very clearly that Keir Starmer, as he then was, was the lead appellant appointed and instructed—that word is used in the records—by Phil Shiner’s law firm, Public Interest Lawyers. The Minister had the embarrassment of having to come to the Commons in February to correct the record and admit that our version of events, as explained to the Commons, was true. Phil Shiner was a persistent man, particularly when money was at stake, so several years after losing in the House of Lords, he took the case to the European Court of Human Rights in Strasbourg.”
“The history is significant here; it lies behind why we tabled the two new clauses. This all came about because of something called the al-Jedda case, which was heard before the Appellate Committee of the House of Lords a couple of years or so before the United Kingdom Supreme Court was created back in 2009. The al-Jedda case was about the treatment of a prisoner detained in Iraq during Operation Telic, and was brought by a now disgraced lawyer called Phil Shiner. His name will be known to anyone who has ever served in the British Army. For the record, Shiner was subsequently convicted of fraud and struck off as a practising solicitor. Phil Shiner instructed legal counsel to put forward his case to the House of Lords. The lead appellant in that case, before he became a Member of Parliament, was one Keir Starmer QC.”
“Friend the Member for Huntingdon put the case very well, and I will not try the House’s patience by repeating it. Suffice it to say that I believe that there is a strong moral case for doing this, and I very much hope that the Government might be prepared to accept the amendment. If they are not, I hope that my hon. Friend will press his amendment to a vote, and in that case, I hope that the whole House will find it in their heart to support it. New clauses 1 and 6 relate to the European convention on human rights and its effect on armed forces personnel, including, potentially, reservists who might be mobilised under the auspices of the Bill. How did we get to a situation in which the convention has spread to the battlefield, not just in Europe, but globally?”
“Having re-examined the issue within His Majesty’s Opposition and consulted shadow departmental colleagues, I am pleased to tell the Committee that should my hon. Friend seek to press the new clause—and should you grant that request, Madam Chairman—we on the Opposition Front Bench will support it. We encourage all hon. Members to do so, too. There would be a cost to the process, but we believe that, in return for service to this country, the Ministry of Defence should absorb that cost in its wider budget. The annual cost would be a very modest outgoing, given the scale of the defence budget. In other words, the Department would bear the cost, not those who have served or their families. People should not be disadvantaged for having offered to serve this country in uniform. My hon.”
“I thank the hon. Member for that intervention. I think she may have been here just a few months ago when we had a debate about the history of the Gurkhas in British service. I echo everything she said about the bravest of the brave. I therefore look forward to her supporting the new clause in the Division Lobby this evening. The Royal British Legion and Poppyscotland have campaigned on this matter for a number of years. I commend my hon. Friend the Member for Huntingdon for taking up the cudgels so effectively on their behalf this afternoon. As he argued powerfully, Governments of both colours have indicated in the past that they were minded to make this change. Indeed, it is worth reiterating that this proposal was in both the Conservatives’ and Labour’s 2024 general election manifestos, but the change has yet to come to pass.”
“When we were in government, we used to publish a 10-year plan for the purchase of military equipment, universally known as the equipment plan.”
“There is a lot of good in the document, but one of the criticisms made at the time was that much of the programmatic detail on which new equipment the Government intended to purchase for our armed forces was omitted. For instance, the Government talked about buying “up to” 12 new nuclear attack submarines. That could mean two. All that detail was going to be provided in the defence investment plan, but one year on, it has still not been published. This has drawn serious criticism from right across the defence industry, and also from the authors of the SDR. Indeed, the lead author, Lord Robertson, a lifelong Labour man to his fingertips, has accused the Prime Minister of “corrosive complacency” because of the ongoing delay in saying how the Government will fund the strategic defence review and its attendant equipment requirements.”
“It is extremely sad that the hon. Gentleman is seeking to conflate two completely different issues, and I suspect that anyone who actually served on Operation Telic would understand that. Having made that point, let me turn to the Opposition’s new clause 2, which would require the Secretary of State for Defence to lay a defence investment plan before Parliament within a month of the passage of this Act, if it had still not been published by then, which, for reasons I will come to in a minute, is not as fantastical as it might seem. For context, today is the one-year anniversary of the publication of the Government’s much-vaunted strategic defence review.”
“In a moment. The plan allowed industry to make rational decisions about where to invest, helped to improve the morale of our armed forces by letting them know about the new equipment they could expect to come into service, and had an important deterrent effect on our potential adversaries by laying out exactly what we intended to buy for the defence of the realm. All those things have now been put at risk by a year of the Government’s endless prevarication and inaction.”
“No, the hon. Gentleman has had his go. The Committee may remember that we were promised that the DIP would be published in the autumn; then, we were faithfully promised it by Christmas; and then we were absolutely, definitely going to get it in the new year. But here we are in June—and, incredibly, still no DIP.”
“Indeed, we are now being widely criticised by our international partners, including, just the other day, the chairman of the NATO Military Committee. At Defence questions, the Secretary of State was adamant that the Prime Minister wanted the DIP published by the NATO summit. That raises two questions: which NATO summit, and which Prime Minister? Assuming he means the summit in Ankara on 7 to 8 July, this vital document will be delayed for yet another month. What is worse, last year there were £2.6 billion of in-year operational cuts to the defence budget, and this year there are £3.5 billion of in-year cuts. We will press new clause 2 to force a vote on a backstop plan to produce the DIP, to remind His Majesty’s Treasury that the first duty of government, above all others, is the defence of the realm.”
“I entirely agree with my right hon. Friend. We would all like to know when we are going to have it, but the reason we do not have it is simple. It is not that the staff work has not been completed—it has. It is not that the programmes have not been costed—they have. The fundamental problem is that while Ministers say they are working flat out and knocking themselves out on it, and are reduced to euphemisms about how hard they are working, it was actually done months ago. The problem is that the Chancellor of the Exchequer adamantly refuses to sign it, because if she signed it, she would have to say how she is going to pay for it. That is why MOD Ministers are completely hide-bound: the Prime Minister will not force the Chancellor to sign the equipment plan for the armed forces of the United Kingdom. The delay is becoming a farce.”
“On new clause 5, we do not yet have the date for the second day on this Bill for Report and Third Reading, but it seems likely that it will be before the summer recess on 16 July. Taking the Minister at his word, and knowing where his heart lies on this issue, will he give the House an assurance that when we get that second day—whenever it is—and we table a similar amendment on Report, he will be able to come back to us with some progress, including with the Home Office?”
“I will move it, Ma’am! New Clause 5 Waived fees for indefinite leave to remain for spouses or dependants of serving or discharged member of the armed forces “(1) The Immigration Act 2014 is amended as follows. (2) In section 68, after subsection (11) insert— “11A Fees may not be charged No fees may be charged in respect of a serving or previously serving member of the armed forces or their family members applying for indefinite leave to remain under the Immigration Rules Appendix HM Armed Forces.”” — (Mr Francois.) This new clause would amend the Immigration Act 2014 to waive the fee for indefinite leave to remain applications for the spouses or children of any current or previously serving members of the armed forces. Brought up, and read the First time. Question put, That the clause be read a Second time.”
“May I begin by saying that we Conservative Members stand four-square with the Government on their response to Romania? It is a NATO ally, and it deserves our support. While overall trends in recruitment and retention may have stabilised, there is still a serious problem of personnel leaving the special forces. We know from the personal accounts of former Special Air Service commanders that this is due in no small part to the Government’s facilitation of lawfare against their comrades who served in Northern Ireland. To aid retention, what is the Secretary of State’s personal response to the three special forces regimental associations that publicly warned him in late April that “The egregious mistreatment of veterans and the ongoing infringement of their rights has to end”?”
“The Secretary of State said he did not recognise “my” description. It is not mine. It is in a statement of 22 April from the three special forces regimental associations. Those are not my words; they are theirs. I will ask him again. If we are to persuade people to continue serving their King and country in uniform in very high-threat situations, we need to address these legitimate concerns. For months now, the Government have been promising to table amendments to their benighted troubles Bill to provide additional protections for veterans, but as with the defence investment plan, we are still waiting for Godot. When exactly will those long-promised amendments be published, and by which Minister?”
“Do Labour MPs not realise that it is because of high-handed behaviour like this that they suffered such a drubbing on 7 May? The Minister has said that the documents will be published after we return from Whit on 1 June, but he has repeatedly refused to answer whether or not they will be published by the Makerfield by-election on 18 June. Let me ask him yet again: can he guarantee to the House and the constituents we represent that this large batch of documents will be published in advance of the Makerfield by-election on 18 June—yes or no?”
“Further to that point of order, the Minister’s excuse for not guaranteeing that the documents will be available by 18 June is that he would need to secure parliamentary time. This is news to some of us, who have been here a while and understand that the Government effectively control the timetable of Parliament. Indeed, every Thursday when the House is sitting they make a business statement to tell us what is coming up in the next two weeks. Mr Speaker, are you aware of anything in the Standing Orders or Erskine May that would prevent the Government from making a business statement on Thursday, naming a day for publication after the Whitsun recess?”
“The very bad news is that despite all its protestations to the contrary, Labour would rather help Sinn Féin chase those who fought for their country. The public will see this for what it is: not a complex legal treatise, but a disgrace.”
“He blew the whistle and sent his troops over the top to vote for this benighted legislation that he did not have the courage to vote for himself. That brings me to encapsulating exactly what is going on today. While this Government prepare to tear themselves to pieces over a mixture of post-electoral fear and vaulting ambition, what is the Labour party’s absolute priority this morning? It is to advance legislation to facilitate the prosecution of brave Northern Ireland veterans, many of whom gave their lives to uphold the rule of law in Northern Ireland—in essence, to defend all of this around us today. That sums up the Labour party. It has clearly chosen today as a not-so-good day to bury bad news.”
“Thirdly, we heard at business questions a few minutes ago that the Armed Forces Bill will be returning to the House in Committee on 2 June. I was quite involved with that Bill. Under its programme motion, the Northern Ireland Troubles Bill has two days for Committee and remaining stages. When do the Government plan to bring it back to the Floor of the House? Perhaps he could answer that specifically. I am sad to say that Labour has been cynical today. I humbly remind the Secretary of State that when we debated and voted on the related remedial order back on 21 January, almost a third of the Labour parliamentary party abstained, famously including the Minister for the Armed Forces, the hon. Member for Birmingham Selly Oak (Al Carns). As we all know, he is otherwise occupied today. Even the current Prime Minister abstained.”
“If not—if the commission felt that that person was lying, dissembling or trying to hide something—the commission could recommend that a prosecution still go ahead. Contrary to the Government’s position, the legacy Act and ICRIR, which the Act established, only ever allowed for conditional immunity. It is important to put that on the record this morning. I have three specific questions for the Secretary of State about his statement. First, will he say a bit more about the relationship between the Dillon judgment and the Windsor framework? He touched on it, but can he expand? Secondly, as he knows, many of the cases brought against veterans were funded by legal aid in Northern Ireland. He referred very briefly to the implications for legal aid, but can he say something more about that?”
“What was proposed by the Select Committee is akin to what the legacy Act turned out to be, and that in turn was based on the South African truth and reconciliation commission. We never legislated for absolute immunity for anybody; we legislated for conditional immunity, so that if someone who was involved in a troubles-related fatality came forward to give evidence to the Independent Commission for Reconciliation and Information Recovery—I will return to the commission in a moment—the commission could judge whether they had fully co-operated with it, such as by revealing the burial place of one of the so-called disappeared. If the commission believed that that individual had genuinely co-operated in good faith, they would be granted immunity.”
“As is traditional, I thank the Secretary of State for advance sight of his statement, in that—as he said himself—the judgment in the Dillon case is a complex one. We on the Conservative Benches certainly agree. I suspect that this judgment will be pored over and, indeed, argued over at considerable length, not least in the other place should Labour’s benighted troubles Bill ever make it there. I will just make a point about immunity, and the concept that lay behind the Conservatives’ Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. I was serving on the Select Committee on Defence under my right hon. Friend the Member for New Forest East (Sir Julian Lewis)—an excellent Chairman—when, in 2017, we produced an extremely detailed report on this complex issue. In fairness, I think the Secretary of State has read that report.”
“The Prime Minister will know that in the recent Supreme Court Dillon judgment the Court ruled that the Conservatives’ Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 overwhelmingly was not incompatible with the Human Rights Act—he knows that. He referenced the awful events in Golders Green, rightfully, and he defended the police officers against attacks and the leader of the Green party, rightfully, and said that they had to take split-second decisions. If Northern Ireland veterans had to take split-second decisions to uphold the rule of law in Northern Ireland, what is the difference?”
“My right hon. Friend is making an excellent speech, but is it not true that the post of UK ambassador to Washington would be held by someone who would therefore have access to extremely sensitive intelligence, potentially including nuclear co-operation? Surely the fact that Mandelson had been found to have been working for a Russian company post the invasion of Ukraine should have completely barred him from the appointment, on that ground alone.”
“May I take this opportunity to congratulate my right hon. Friend and Lord Nash on a hard-fought but important campaign? We now have a commitment in principle from the Government that they will ban the use of social media by under-16s, which will be welcomed across the country by concerned parents. Can she reassure me and the House that all that fighting was worth it?”
“If, as we have been assured, there was no law that prevented the permanent under-secretary from telling the Prime Minister the outcome of Mandelson’s developed vetting, then presumably by the same token there was no law that prevented the Prime Minister from asking. Can he be very clear with the House on one point? Did he as Prime Minister ever ask the question, “Did Mandelson fail his vetting?” and if he did ask that question, who did he ask it of and when did he ask it?”
“If he can personally do anything to help, it would be greatly appreciated. With that, I rest my case.”
“They keep many people safe, and I place on record our appreciation for the MOD police and everything they do to keep us safe and protect vital assets in defence, as I am sure the Minister would echo.”
“It is a pleasure to serve under your chairmanship again this afternoon, Mr Efford. This will be a brief contribution. When I was a Minister, I had the privilege of visiting the MOD police at what was then RAF Wethersfield, which is now used for much more controversial purposes, but that is outside the scope of this Bill. I was shown a convoy protection exercise—the Minister will understand what I am talking about—and I was very impressed by how efficient and effective the MOD police were at guarding a precious cargo in that exercise. The MOD police are affectionately known as “MOD plod” throughout defence, but sometimes I feel they are slightly under-sung heroes.”
“Clearly, all members of the Committee regard the mental health of our armed forces personnel and their families as equally important as their physical health. We therefore understand and welcome the intent of this clause.”
“Is there anything else that he might want to place on the record this afternoon, subject to operational security, about what we are doing to maintain critical supplies to our armed forces, not least aviation fuel for our quick reaction alert aircraft?”
“I will make just one point, given the current international situation. We will not get into a long debate about the conflict in Iran, as you would rightly call me to order, Mr Efford. However, it is on the record that our Security Service has identified upwards of 20 plots in recent years, at the hands of the Iranian Government or their proxies, against facilities or persons in the United Kingdom, which mercifully it has foiled. Therefore, it is not inconceivable that there could be a threat to those key pipelines that, bluntly, allow our jets to fly. Can the Minister reassure the Committee that the additional powers in the Bill will help to improve the security of that supply network?”
“This clause is important and worthwhile. Sunken warships are war graves in their own right, and they are sacred. One example is HMS Hood, which was blown up and sunk in battle with the Bismarck. Only three members of her crew survived; the rest perished as a result of that engagement. This is from memory, but I think that when the bell of HMS Hood was recovered some years ago, there was a great deal of debate about whether it was appropriate. In the end, it was decided that, in those very special circumstances, it was. We must always remember that these graves are sacred; that applies to those of navy personnel from other countries as well. It is therefore good that protections are being increased for sites where those who fought and gave their lives for their country—whatever country—and who should be appropriately commemorated.”
“Suffice it for this afternoon—and just to prove I have read it—perhaps the Minister could explain why there are two exceptions for Gibraltar in this clause?”
“I have one question about clause 53. The clause is titled: “Extent in the Channel Islands, Isle of Man and British overseas territories”. However, subsection (2) says: “The provisions mentioned in subsection (3) extend to— (a) the Isle of Man, and (b) the British overseas territories, except Gibraltar.” Similarly, subsection (5)(b) says: “any of the British overseas territories, except Gibraltar.” The Minister will know that there are some sensitivities about policing and such matters in Gibraltar as a result of negotiations with the Government of Spain. I will not attempt to get into a wider row this afternoon about the fate of Gibraltar. However, after the Government’s big climbdown on Chagos, we are rather hoping that they will look again at the arrangements that affect the Rock.”
“Being able to pass across medical records in a timely and accurate way when people leave would help in those circumstances, even though sometimes problems lie hidden, for want of a better phrase, and come out only some years later. For those reasons, I have a lot of sympathy with what the hon. Member for North Devon proposes.”
“That can suddenly bring out in the veteran all sorts of issues, perhaps relating to their service and operations. In those circumstances, unfortunately, people can spiral down very quickly; they might have trouble with their relationships, lose their job or become reliant on drink or drugs. In the worst cases, they might lose their home and end up in a dingy one-bedroom flat in the rough end of town—and in the worst of all cases, sometimes, they even take their own lives. This is not in any way a partisan point. Governments of all colours have tried to work on the problem, as have charities such as Help for Heroes, the Royal British Legion and Veterans Aid—I think of everything that Hugh Milroy has done in this space—but we could do more.”
“Member raised the specific case of the medical records of nuclear test veterans. I am not impugning the Minister, but I think the Ministry of Defence could try harder to ensure that those specific records are made more freely available. On the more general point, we could do better at the transfer of records, particularly for those people who have suffered episodes of mental ill health, which are perhaps not immediately obvious. The vast majority of armed forces personnel leave military service in good shape, both physically and mentally, but I know from experience that for some veterans—the Minister has taken a real interest in this—there is, perhaps some years after they have left, what the professionals call a “trigger event”. Perhaps their father is diagnosed with a terminal illness with very few weeks to live and is then gone.”
“The Opposition have some sympathy with what the hon. Member for North Devon is trying to achieve. There has historically been something of a cliff face. The medical requirements of a person serving in the armed forces are primarily attended to by Defence Medical Services; when that person leaves the armed forces and becomes a veteran, they transfer to the national health service. It is probably fair to say that in some cases there is a hiatus in medical information and records when that transfer takes place, and I am sure that it would be possible to improve it. Some GP practices have veterans champions and some practices automatically ask someone who signs on with them, “Are you a veteran?” Unsurprisingly, those practices tend to be better at making sure that medical records are passed on. The hon.”
“As that was technically an intervention, I will have the first crack at it, but I am sure the Minister heard what the hon. Lady said. I see what she is trying to do here. Within the NHS there is the mantra “no decision about me without me”. If an NHS patient requests their medical records, they are meant to get them in a timely manner. We could all name constituency examples where that has not necessarily always been the case. Nevertheless, that is the principle, and it seems to me that it should apply equally to people who have served in the armed forces, who should suffer no disadvantage by virtue of their service, under the armed forces covenant. I am certainly sympathetic to what the hon. Lady said, and I am sure the Minister will be, too.”