My Lords, we have had a constructive and helpful debate and I am very grateful for the excellent contributions from all sides of the House.
It is clear from the debate that there is a general agreement about the need to reform the service complaints system. I think we all appreciate the importance of having a system that is fair and effective. Although the current system is satisfactory, we can—and must—do better. It is essential that our service men and women have the confidence that any complaint they raise will be taken seriously and that it will be dealt with quickly, which is not always the case at present. Having a robust complaints system is both an integral part of the covenant and a key part of ensuring operational effectiveness. The new streamlined system proposed by the Bill will ensure that complaints are properly investigated at the appropriate level and with clear avenues of appeal. The system proposed by the Bill strikes the right balance between having strong and independent oversight of the complaints process and maintaining the authority of the chain of command, as stressed by the noble Baroness, Lady Dean.
The measures set out in the Bill represent a significant improvement to the complaints system. It is clear from today’s debate that some noble Lords feel that we should go further. A number of very good points have been raised and I am sure that they will provide us with a good basis for our consideration in Committee.
I turn to some of the points raised by noble Lords and noble and gallant Lords. I may not be able to answer all questions, but, where I do not, I shall undertake to respond in writing before Committee.
The noble Baroness, Lady Dean, asked what happens to a service complaint when the complainant dies. It is the usual practice that a complaint ceases if the complainant dies before it has been concluded, but much depends on how far it has progressed and the extent to which a complainant’s evidence has been dealt with. It is only fair that all parties are able to challenge allegations made against them; for example, in complaints of bullying. Even if the complaint has to cease, it is open to the chain of command to take what lessons it can and whatever actions might be possible.
The noble Baroness asked what alternative mechanisms are available for families of deceased servicepeople to raise issues with the chain of command. Families can approach the chain of command or Ministers at any level about any matter that is of concern to them. The welfare of all personnel is of paramount concern to all in command and they therefore take such approaches very seriously. The chain of command can then decide on the appropriate action to take, which might include, for example, conducting a service inquiry to investigate in more detail.
The noble Baroness and the noble and gallant Lord, Lord Craig, asked when draft regulations would be available. An initial draft of the regulations will be available by Lords Committee stage. As the noble Lord, Lord Dannatt, said, implementation will be key.
The noble Baroness, Lady Dean, asked how detailed applications to the ombudsman need to be. We want the process to be simple for everyone to operate. The complainant will need simply to set out what they say has gone wrong in the handling of their complaint. Regulations will set out the minimum information that will need to be provided. They will not be onerous requirements. Advice and guidance published by the ombudsman are likely to be provided to help individuals, as with other ombudsmen.
My noble friend Lord Palmer of Childs Hill asked why new Section 340L does not make reference to sanctions. The ombudsman’s role is to make findings on maladministration and injustice and to make appropriate recommendations. Their role is focused on the procedure followed rather than on the merits. It is for the Defence Council to grant all appropriate redress.
I share the hope of the noble Lord, Lord Dannatt, that the existence of the ombudsman will focus the chain of command’s attention more consistently on dealing with complaints more effectively. To that end, the ombudsman will have a positive impact overall.
The noble Lord pointed out that the new ombudsman needs to be properly resourced and I entirely agree. We are discussing with the commissioner how the ombudsman’s office should be structured and resourced when these changes are implemented. There will be more staff in the ombudsman’s office. We expect their number to increase from the current nine to around 20.
The noble Lord asked why the number of complaints has increased. As Dr Atkins acknowledged, we can never be sure whether the number has risen because of a greater number of incidents or wrongs, or because personnel have increased confidence in the process. However, that rise is helpful in giving the chain of command the chance to rectify matters.
My noble friend Lord Thomas asked me to confirm that the Defence Council’s reasons for rejecting the ombudsman’s recommendations can be judicially reviewed. I can confirm that, yes. My noble friend commented that the ombudsman should be able to recommend compensation. The ombudsman will have wide powers to recommend action to put right a procedural wrong if he or she finds one. That could include that compensation be made. The Defence Council will be required to consider that fully and provide written reasons if it refuses to implement recommendations.
My noble friend asked if the ombudsman could go beyond looking at an individual complaint to look at systematic issues. The ombudsman can only consider the matter raised by the complainant but, when investigating a complaint, he or she may identify wider issues connected with that complaint from which we should learn. That is a valuable benefit of this new role.
My noble friend said that the ombudsman cannot investigate the substance of a complaint, but is limited to maladministration and binding recommendations. Ombudsmen have very strong powers to scrutinise the effectiveness of the handling of service complaints. It is expected that their findings will be followed. While we expect the Defence Council to follow the vast majority of recommendations and they will clearly
have some legal effect, the scope of recommendations is potentially very wide. It is right for the Defence Council to be able to decide not to implement recommendations but only where there are very good reasons: for example, where significant resource implications are involved. The Bill does not provide for this explicitly. That is in accordance with other, similar legislation. There is well established case law on the legal effect of findings and recommendations.
The noble and gallant Lord, Lord Craig, asked what matters can be excluded. Matters that can be excluded will be very similar to the current list of excluded matters in the Armed Forces (Redress of Individual Grievances) Regulations 2007. That would include complaints about decisions made under the service justice system. The noble and gallant Lord also asked how much of the delay is due to a lack of resources. It is impossible to identify whether a lack of resource is an issue. What is clear is that inactivity, whether by the complainant or the chain of command, is too often the cause of delay—which we must tackle. Positive behaviours when handling a complaint are as important as the process being followed. We reinforce that continually.
My noble friend Lady Garden was concerned to ensure that administration costs for financial payments do not duplicate those elsewhere. We have an existing system in place to guard against this, and will ensure that we retain that in managing the £10 million that the Government have allocated for Armed Forces covenant commitments.
The noble and gallant Lord, Lord Craig, asked for an assurance on future funding. The current scheme is purely discretionary. The requirement to report publicly on spending in support of the Armed Forces community, for example in the fields of healthcare and housing, will help guard against adverse changes.
My noble friend Lord Attlee asked whether time in operations could be disregarded from time limits proposed for the complaints system. All time limits, as under the current system, will be subject to extension where that is, for example, just and equitable under the circumstances. My noble friend was concerned that the chain of command might concentrate on procedure rather than the substance of a complaint. A complaint is a sign that something is wrong and needs to be put right. Procedure is key to make sure that complaints are handled well, but we encourage an informal approach, too, so that matters are nipped in the bud quickly. Dr Atkins acknowledged that the Army has done this increasingly in recent years, particularly for complaints about bullying.
The noble and gallant Lord, Lord Boyce, was concerned that the Armed Forces were blindsided on the changes. I can assure him that the Armed Forces have been fully involved in developing the changes. That was the very first question I asked when I was briefed, and I was assured that they are completely behind the proposed reforms. We are looking to set up a briefing for all Peers with the Vice Chief of the Defence Staff before Committee, and that will enable noble—and noble and gallant—Lords to hear from the services themselves their views on the Bill.
The noble and gallant Lord asked about new Section 340K—the contempt powers. The information and contempt powers in new Sections 340J and 340K are a common feature of ombudsman legislation. The ombudsman must have fully effective powers to scrutinise the handling of service complaints. It cannot be right for the ombudsman to have to rely on the chain of command to get the information they need to do their job properly. Without those powers, we would be criticised for creating a toothless watchdog.
The noble and gallant Lord asked: has COBSEO been informed and has it been consulted? The purpose is not to change the schemes by which assistance is given to the Armed Forces community through charitable or other organisations, but to ensure that there is proper parliamentary authority for such expenditure.
My noble friend Lord Trenchard and the noble Lord, Lord Ramsbotham, were concerned that the ombudsman’s role undermines the chain of command. Although the ombudsman has strong powers to make findings and recommendations, the final say rests with the Defence Council. If it has very good reasons to depart from the ombudsman’s recommendations, that will be enough.
My noble friend Lord Trenchard asked: will the service have discretion about who handles a complaint? A key reform of the process is that a complaint will be assigned to a person or group of people who have authority to grant appropriate redress. Service complaints panels as currently defined will go from the process, but their function is retained. That includes the need for independent members to be involved, for example, in complaints of bullying.
The noble Lord, Lord Rosser, pointed out that the ombudsman must have the power to undertake reports and investigations that would detect and deal with another Deepcut. The ombudsman is undoubtedly in a good position to spot when concerns arise about a particular location or individual. However, it does not follow that the ombudsman is best placed to investigate further. However, the ombudsman can alert the chain of command at whatever level he or she considers appropriate in the circumstances—or Ministers—so that action can be taken, and refer to the matter in the annual report, giving it public and parliamentary visibility. That has a powerful effect which should not be underplayed.
The ombudsman’s focus in producing an annual report as set out in the Bill is on the way that the complaints system has operated in the preceding calendar year and on the exercise of his or her functions during that period. The Bill also provides for the ombudsman to cover any other aspect of these areas that he or she considers appropriate—or, indeed, that the Secretary of State may direct. This gives scope for the ombudsman to report on any matter that he or she considers relevant.
The noble Lord asked: what criteria have organisations had to meet to get funding, and how is funding decided? There is a rigorous application process, with decisions on funding taken by a panel of experts drawn from the service charities and government. The specifics vary slightly for each of the funds, and each project is monitored against an agreed set of terms and conditions, so there is due diligence.
The noble Lord asked a very pertinent question: how will the changes be communicated to members of the Armed Forces? There will be comprehensive communication across all three services, delivered in ways that are appropriate to each service’s needs. I hope that I have now answered most of the questions. As I said, I will write regarding any that I have not answered.
This Bill provides the legislation that we need to reform our service complaints system and ensure we can provide financial assistance to charities that support the Armed Forces community. These measures, on which there is a large degree of consensus, should be taken forward quickly and I therefore ask the House to give the Bill a Second Reading.