Armed Forces (Service Complaints and Financial Assistance) Bill [Lords] — House of Commons, 2015-03-09
Topic: Government Operations
Anna Mary Soubry (Conservative, Centre-right): Absolutely. I hope that the hon. Lady is comforted by the fact that we are looking at whether the complaints that are already in the system can be brought into the new system. I imagine that long delay is a matter that we will want to bring to the ombudsman’s attention. Again, it all depends on the nature of the complaint and what the circumstances are. The Second Sea Lord, Sir David Steel, made the point to me that he had seen some cases in the Navy that were huge because they were about complicated allowances and so on and so forth However, it struck me that the cases that the hon. Lady referred to were not particularly complicated. Those delays were absolutely unacceptable. It is often the person-to-person complaints or grievances that must be dealt with expeditiously. That is in everybody’s interests, not just the complainant’s. The person against whom the complaint is made also wants determination and justice. Not every complaint is well founded; there are cases in which false allegations are made. It is therefore in the interests of the person against whom the complaint is made that it is dealt with fairly, justly and with all due diligence and expedition For all the reasons that I have given, I resist amendment 22 and urge everyone to accept the other amendments Amendment 1 agreed to. Amendments made: 2, page 6, line 29, after "complaint", insert ", where the Ombudsman is satisfied that the complaint has been finally determined" This amendment makes a drafting change in consequence of amendment 9. It clarifies that the Service Complaints Ombudsman may not investigate a service complaint unless satisfied that the complaint has been finally determined. Amendment 3, page 6, line 31, leave out from "complaint" to end of line 32 and insert "(including an allegation of undue delay), where the Ombudsman is satisfied that the complaint has been finally determined;" This amendment makes minor drafting changes, including a change in consequence of amendment 9. It clarifies that the Service Complaints Ombudsman may not investigate an allegation of maladministration unless satisfied that the service complaint to which the allegation relates has been finally determined. Amendment 4, page 6, leave out lines 33 to 37 and insert— "(c) an allegation of undue delay in the handling of a service complaint which has not been finally determined; (d) an allegation of undue delay in the handling of a relevant service matter." This amendment clarifies when the Service Complaints Ombudsman may investigate an allegation of undue delay in the handling of a service complaint or a relevant service matter (as to which, see amendment 6). Amendment 5, page 6, line 37, at end insert— "(1A) The following persons are within this subsection— (a) in a case relating to a service complaint, the complainant; (b) in a case relating to a matter in respect of which a service complaint has not been made, the person who raised the matter, and, in relation to a case mentioned in paragraph (b), references in the remainder of this Part to the complainant and to a service complaint are to be read respectively as references to the person and the matter mentioned in that paragraph." This amendment makes provision about who may make an application to the Service Complaints Ombudsman for an investigation under new section 340H(1) of the Armed Forces Act 2006. Amendment 6, page 6, line 37, at end insert— "( ) For the purposes of subsection (1)(d)— (a) "relevant service matter" means a matter of a kind about which a service complaint— (i) may be made, whether or not at the time of the application to the Ombudsman such a complaint has been made, or (ii) could have been made (but for provision made by virtue of section 340B(2)(c)); (b) the reference to the handling of a matter is to its handling before the making of a service complaint (if any) about the matter." This amendment defines "relevant service matter" for the purposes of paragraph (d) of new section 340H(1) of the Armed Forces Act 2006 (see amendment 4) and makes provision about the reference to the handling of such a matter. Amendment 7, page 6, line 39, after "writing,", insert— "() must specify the kind (or kinds) of investigation which the complainant wishes the Ombudsman to carry out (an investigation under a particular paragraph of subsection (1) being a "kind" of investigation for this purpose)," This amendment provides that an application to the Service Complaints Ombudsman must specify which type or types of investigation the applicant wants the Ombudsman to carry out. Amendment 8, page 6, line 40, leave out "the" and insert "any other" This amendment is consequential on amendment 7. Amendment 9, page 6, line 42, leave out from beginning to "a" in line 44 and insert— "( ) For the purposes of this section, a service complaint has been finally determined where— (a) " This amendment converts new section 340H(3) for the Armed Forces Act 2006 into a general proposition about when a service complaint is to be treated for the purposes of new section 340H as having been finally determined. Amendment 10, page 7, line 5, leave out "that" This amendment is consequential on amendment 9. Amendment 11, page 7, leave out lines 7 to 11 and insert— "( ) The purpose of an investigation is— (a) in the case of an investigation under subsection (1)(a), to decide whether the complaint is well-founded and, if so, to consider what redress (if any) would be appropriate; (b) in the case of an investigation under subsection (1)(b), (c) or (d), to decide— (i) whether the allegation is well-founded, and (ii) if so, whether the maladministration or undue delay to which the allegation relates has or could have resulted in injustice being sustained by the complainant." This amendment clarifies the purpose of an investigation under each paragraph of new section 340H(1) for the Armed Forces Act 2006. Amendment 12, page 7, line 11, at end insert— "(4A) The power to carry out an investigation under subsection (1)(a) or (b) includes power to investigate any maladministration in the handling of the service complaint where it becomes apparent to the Ombudsman during the course of an investigation that any such maladministration may have occurred." This amendment provides for the circumstances in which the Service Complaints Ombudsman has power to investigate maladministration in the handling of a service complaint (other than any maladministration that the complainant has specifically alleged). Amendment 13, page 7, line 12, after "application", insert "in respect of a service complaint that has been finally determined" This amendment is consequential on the amendments to new section 340H(1) for the Armed Forces Act 2006 (in particular amendments 2 to 4). Amendment 14, page 7, line 25, leave out "investigated an application relating to" and insert "carried out an investigation under subsection (1)(a) or (b) in relation to". This amendment confines new section 340H(8), which prevents the Service Complaints Ombudsman from investigating subsequent applications relating to a service complaint that the Ombudsman has already investigated, to cases where the Ombudsman has carried out an investigation under new section 340H(1)(a) or (b) in relation to the complaint. Amendment 15, page 7, line 31, at end insert "; (b) whether to investigate a service complaint, or an allegation, as a whole or only in particular respects." This amendment provides that the Service Complaints Ombudsman may investigate a service complaint, or an allegation, in whole or in part. Amendment 16, page 7, line 44, after "investigation", insert "under section 340H(1)(b)" This amendment is consequential on amendments to new section 340H(1) of the Armed Forces Act 2006. Amendment 17, page 8, line 43, at end insert ", and (b) any recommendations referred to in subsection (2A)." This amendment requires the Service Complaints Ombudsman to include, in a report under new section 340L, any recommendations required by subsection (2A) (see amendment 18). Amendment 18, page 9, leave out lines 1 to 4 and insert— "(2A) Those recommendations are— (a) on an investigation under section 340H(1)(a) where the Ombudsman finds that the =-service complaint to which the investigation relates is well-founded, the Ombudsman’s recommendations (if any) on what redress would be appropriate; (b) on an investigation under section 340H(1)(b), (c) or (d) where the Ombudsman finds that the allegation to which the investigation relates is well-founded, the Ombudsman’s recommendations (if any) as a result of that finding; (c) where, by virtue of section 340H(4A), the Ombudsman finds maladministration in the handling of a service complaint, the Ombudsman’s recommendations (if any) as a result of that finding." This amendment provides for the recommendations which the Service Complaints Ombudsman can make as a result of findings on an investigation under any paragraph of new section 340H(1) or by virtue of new section 340H(6). Amendment 19, page 9, line 5, leave out "(2)" and insert "(2A)(b) or (c)" This amendment is consequential on amendment 18. Amendment 20, page 9, line 8, after "maladministration", insert "or undue delay to which the finding relates" This amendment is consequential on amendment 18. Amendment 21, page 9, line 10, after "maladministration", insert "or undue delay". —(Anna Soubry.) This amendment is consequential on amendment 18. Third Reading