The Ministry of Defence has clarified that the provisions of the Armed Forces Commissioner Bill will apply equally to regular and reserve personnel, as well as their families.
This was confirmed in responses to parliamentary questions posed by Lord Lancaster of Kimbolton, which addressed the scope and application of the proposed legislation.
In his response, Minister of State for Defence Lord Coaker stated:
“All Serving personnel, defined in the Armed Forces Commissioner Bill as any individual subject to Service law, whether in the UK or overseas, will be entitled to raise a general welfare matter or a Service Complaint with the Commissioner.”
He explained that the Commissioner would have discretion to investigate service welfare matters “that arise in connection with the ongoing service of persons subject to service law and which may materially affect the welfare of those persons or relevant family members.” Such investigations, he noted, “would likely be determined on a case-by-case basis.”
The provisions of the Bill extend to reserve forces and those on leave of absence. Lord Coaker emphasised:
“Members of the Reserve Forces and personnel undertaking a leave of absence will be entitled to raise a matter with the Commissioner, provided the Commissioner considers that the matter falls within the scope outlined above.”
Significantly, the Bill also includes permissive extent clauses, allowing Overseas Territories and Crown Dependencies, such as Gibraltar, to choose whether to adopt the legislation into their legal frameworks. On this point, Lord Coaker stated:
“The Bill includes permissive extent clauses to allow the Overseas Territories and Crown Dependencies to choose if they want to extend this legislation into their own statute books.”
When asked about the applicability of the Bill to service personnel and their families stationed in Gibraltar, Lord Coaker reiterated:
“All Serving personnel, defined in the Armed Forces Commissioner Bill as any individual subject to Service law, whether in the UK or overseas, will be entitled to raise a general welfare matter or a Service Complaint with the Commissioner.”
He also clarified that no changes to the Reserve Forces Act 1996 are anticipated as part of this legislation.
The Armed Forces Commissioner Bill, say the Government, is designed to ensure a unified system of support for all service personnel and their families, reflecting the government’s commitment to addressing welfare concerns within the Armed Forces.
This is a welcome step. However, I would be interested to see what enforcement powers will be available if the services prove ‘reluctant’ to act on a welfare or service complaint determination made by the Commissioner.
I presume the Commissioner will report direct to the Minister of State for the Armed Forces, Luke Pollard. Pollard would surely get a grip of any Service Chief who did not resolve an issue.