Armed Forces Bill

The right hon. Gentleman raises important issues. One of the advantages of the Select Committee is that so much evidence can be considered and so many weighty issues can be taken into account. That was the correct procedure to use in relation to the Bill, and I hope that the Government will ensure that there is sufficient time to consider this and subsequent parts of the Bill so that the House can fully take into account the breadth of detailed knowledge available on many of these subjects. The Bill’s bringing together the procedures of the boards of inquiry also makes sense, although, unlike the Select Committee, we believe that they should be conducted in a similar manner to the present one, and that there should be no automatic right for any individual, including next of kin, to attend the inquiry at board level. We would continue with the present arrangements, which have served well the interests of the services, of individuals and of justice. On the question of issuing contracts for armed forces personnel similar to those for civilians, I have already noted that the position of the armed forces is different. Those who are required to operate in exceptional circumstances need to do so on a basis of contractual law that reflects those operational requirements, but which also reflects the fact that they fall within an augmentation of civil law rather than a substitute for it. Those who put their lives on the line cannot be treated in the same way, in terms of contractual law, as those who stack the shelves of our supermarkets. An important question that the House must consider relates to the timetable for review of this legislation. It has been the practice to carry out five-yearly renewal of primary legislation relating to the armed forces disciplinary code, with an annual order to keep the matter under constant review. The case has been made that the annual review does not give adequate time for the bedding down and assessment of new arrangements. However, the annual review mechanism gives the House a chance to maintain constant surveillance over what is happening. At a time when domestic and short-term issues often crowd the political agenda, the annual review at least affords the House a regular opportunity to discuss what is happening in relation to service disciplinary procedures, and to introduce further primary legislation if required. Recent cases of primary legislation in response to European Court of Human Rights judgments demonstrate why it is necessary to consider this difficult and ever-changing subject far more frequently than every five years. We hope that this issue will be considered in Committee. This is an important and complex Bill. Many of its measures depend on a complicated balance of judgments, and we shall consider that balance in detail during the passage of the Bill. We need a system of justice that recognises the unique position of those serving in our armed forces, and that gives them the full confidence to do what they need to do in our name. Reform in this field is justified, but it must not be used as an excuse fundamentally to alter the culture of our armed forces disciplinary codes. The armed forces are different, and they must be treated as such. The link between command and discipline is utterly fundamental. Let us have reform, yes, but let us not put the purists before the pragmatists. As we carry out these reforms, let us keep a sense of proportion and of natural justice, and an understanding of just how much we ourselves owe.