Armed Forces (Service Complaints and Financial Assistance) Bill — House of Commons, 2015-02-02
Topic: Defense
Kevan David Jones (Labour, Centre-left): I thought that the hon. Gentleman might have been proud to be labelled a dinosaur in the present Tory party! I am not criticising him in any way; all I am saying is that some of the arguments made for not doing these things are the same as those that were made 10 years ago, and they have clearly been proved wrong Another important aspect is that this is not only about the scrutiny of complaints, but about how many people make complaints. Only 8% of cases involved a formal written complaint. I think that once the Bill is in place, it will ensure that people in the armed forces know how to complain and what redress that they can have. We need a system that encourages people to come forward, not with frivolous or vexatious cases but with cases of harassment, discrimination, bullying or malpractice, which can then be investigated properly by the chain of command. If not, there should be independent scrutiny to ensure that the highest systems and checks are in place—zero tolerance, as the Minister said We ask servicemen and women to do things that most of us would never be capable of, so there is a unique difference between them and the general public. However, there are some modern working practices and standards that we would expect in all walks of life, including in the armed forces, and that is why we support the Bill We will be calling for the Bill to be strengthened in a number of ways. I hope that in Committee we will be able to discuss some of its aspects in more detail, which will not only provide another opportunity to discuss the role of our armed forces and the pride that we rightly take in them, but ensures that men and women from all our constituencies who join the armed forces get the protection that they would expect in any other workplace I turn to the remit of the ombudsman and the range and scope of the powers that the Bill grants. Under the Bill, the ombudsman will not be able to look at the complaint itself but only at whether maladministration occurred in the handling of the complaint. Many in the House will agree that that is a very narrow scope. It leaves us in a rather perverse situation whereby the central piece of the system will be entirely removed from the issues that regularly affect members of the armed forces. The ombudsman will be powerless to deliver the protection and oversight that are needed in such circumstances The Minister will probably tell us that it would be going too far to give the ombudsman such a remit, but, as I said, the same arguments were made when we brought in the Service Complaints Commissioner. It is not unusual for an ombudsman to have such powers. The public services ombudsman, the local government ombudsman of England and the prisons ombudsman all have statutory powers to investigate service failures in addition to maladministration. There is no reason why such a principle cannot be applied with regard to serious complaints brought forward by men and women who serve in our armed forces Many Members have expressed the view—we will no doubt hear it again in their speeches—that we need to leave it to the chain of command alone to decide on these issues. I do not accept that. The system is one of partnership. One of the great things that Susan Atkins has done is to work very effectively with the chain of command, not only to educate but to change ways of doing things and move the agenda forward. It is important that the Service Complaints Commissioner does have these powers. The Defence Committee agrees that the ombudsman needs wider powers to investigate the substantial complaints Another feature missing from the Bill is an ability for the ombudsman to undertake thematic inquiries of their own. That ability would have been very important in, for example, the inquiry into the events at Deepcut. I am afraid that I do not share the Minister’s faith that these issues are just for the coroners. Certainly, the idea that one would have any faith in the Middlesbrough coroner to undertake a vigorous investigation of a service death—