Caroline Nokes

With this it will be convenient to discuss the following: New clause 2—Commissioner’s interaction with Veterans Commissioners— “Within one year of the passing of this Act, the Secretary of State must publish details of— (a) whether or how the Commissioner will work with the National Veterans Commissioner, the Scottish Veterans Commissioner, the Veterans Commissioner for Wales, the Northern Ireland Veterans Commissioner and the Chairman of the Independent Commission for Reconciliation & Information Recovery; (b) whether or how the Commissioner and Secretary of State will ensure that veterans receive appropriate and necessary support.” This new clause would require the Secretary of State to make clear how the Commissioner will work with the Veterans Commissioners and related bodies. Amendment 7, in clause 1, page 2, line 2, at end insert— “(5A) The Commissioner must— (a) uphold and give due regard to the principles and commitments of the Armed Forces Covenant when carrying out its functions; (b) monitor and report on compliance with the principles and commitments of the Armed Forces Covenant in all areas of its responsibility.” This amendment would require the Commissioner to uphold and abide by the principles of the Armed Forces Covenant when carrying out its functions. Amendment 8, page 2, line 2, at end insert— “(5A) The Commissioner shall operate independently from— (a) the Ministry of Defence; (b) the Armed Forces, including the chain of command; and (c) any other government bodies; and shall be free from any influence of interference in the exercise of the Commissioner’s functions.” This amendment would require the Commissioner to be independent from the Government, the Armed Forces and any interference in the carrying out of their duties. Amendment 6, page 2, line 10, at end insert— “(5) The Secretary of State will, within 6 months of the passing of this Act, publish an intended time frame for— (a) the appointment of the Commissioner; (b) the abolishing of the office of the Service Complaints Ombudsman; (c) the commencement of operations of the office of the Commissioner.” This amendment would require the Secretary of State to state when they intend to appoint a Commissioner and get the office of the Commissioner operational. Amendment 9, in clause 4, page 2, line 35, at end insert— “(2A) A ‘general service welfare matter’ may include issues relating to the provision of pensions and death in service benefits to serving and former members of the armed forces and their dependants.” The amendment would enable the Commissioner to include matters relating to pensions and other such benefits, including death in service benefits, in their investigation of service welfare matters. Amendment 10, page 2, line 35, at end insert— “(2A) A ‘general service welfare matter’ may include issues relating to the wellbeing of, and provision of support to, the children, families and other dependants of serving and former members of the armed forces, including but not limited to— (a) the provision and operation of the Continuity of Education Allowance; (b) the provision of Special Educational Needs tuition; and (c) the maintenance of service families’ accommodation.” This amendment would enable the Commissioner to include matters relating to the wellbeing of, and provision of support to, the children, families and other dependants of serving and former members of the armed forces in the Commissioner’s investigation of service welfare matters. Amendment 1, page 3, line 31, after “means” insert “kinship carers and the family members of deceased service personnel as well as other”. This amendment would include kinship carers and the family members of deceased service personnel in the definition of ”relevant family members”. Amendment 2, page 3, line 35, at end insert— “340IAA Commissioner support for minority groups within service personnel (1) When investigating general service welfare matters under section 340IA, the Commissioner must consider the specific experiences of minority groups within service personnel, including but not limited to— (a) female; (b) BAME (c) non-UK; and (d) LGBT+ service personnel. (2) The Commissioner may investigate service welfare matters unique to one or more of these groups of service personnel. (3) The Commissioner must maintain up-to-date evidence on the experiences of these groups of service personnel and develop robust community engagement mechanisms to identify and address issues specific to these groups. (4) The Commissioner must establish a formal network of representation to enable the views and concerns of these groups of service personnel to be communicated to the Commissioner. (5) The Commissioner must publish an annual report outlining— (a) the issues facing and concerns raised by these groups of service personnel; (b) the actions taken by the Commissioner to address identified issues; (c) the progress made in improving conditions for these groups of service personnel.” This amendment would require the Commissioner to take specific action to consider and address welfare issues facing service personnel from minority groups. Amendment 11, page 5, line 22, at end insert— “(aa) the report must include the Commissioner’s view on whether the relevant general service welfare issue has had, or may have, an effect on the retention of armed forces personnel; and”. This amendment would require a report by the Commissioner on a general service welfare matter to include the Commissioner’s view on whether the issue affects the retention of armed forces personnel. Amendment 4, page 6, line 2, at end insert— “(4A) After section 340O (annual report on system for dealing with service complaints) insert— ‘340OA Annual report on the work of the Commissioner (1) The Commissioner must, for each calendar year, prepare a report covering— (a) the actions taken by the Commissioner to promote and improve the welfare of persons subject to service law and relevant family members; (b) the initiatives undertaken by the Commissioner to enhance public awareness of welfare issues faced by persons subject to service law and relevant family members; (c) the resources used by the Commissioner in fulfilling its functions, and any further resources required. (2) On receiving a report under this section, the Secretary of State must lay it before Parliament promptly and, in any event, before the end of 30 sitting days beginning with the day on which the report is received. “Sitting day” means a day on which both Houses of Parliament sit. (3) The Secretary of State may exclude from any report laid under this section any material the publication of which the Secretary of State considers— (a) would be against the interests of national security; (b) might jeopardise the safety of any person. (4) With three months of the receipt of any report prepared by the Commissioner under this section, the Secretary of State must publish a response to the report which includes an overview of any measures taken or planned to be taken to address any resource issues identified by the Commissioner.’” This amendment would require the Commissioner to publish an annual report on the work it had done to improve the welfare of service personnel and public awareness of welfare issues faced by service personnel and their families. Amendment 5, in schedule 1, page 8, leave out lines 15 and 16 and insert— “3 A relevant Parliamentary select committee will hold a pre-appointment hearing with the Secretary of State’s preferred candidate for Commissioner. 3A The select committee may hold a confirmatory vote on the Secretary of State’s preferred candidate for Commissioner. 3B Where a select committee has expressed a negative opinion on the appointment of the Secretary of State’s preferred candidate for Commissioner, the Secretary of State may not proceed with the appointment of that candidate without appearing before the select committee to address the concerns raised by the committee. 3C If the select committee maintains its negative opinion following the further appearance of the Secretary of State, the Secretary of State may not proceed with the appointment of that candidate. 3D Where a select committee has expressed a positive opinion on the appointment of the Secretary of State’s preferred candidate for Commissioner, including after a further appearance before the committee of the Secretary of State, the Secretary of State may recommend the appointment of the candidate to His Majesty. 3E The Commissioner is to be appointed by His Majesty on the recommendation of the Secretary of State.” This amendment would mean that the Commissioner can only be appointed after appearing before a relevant select committee and obtaining its approval. Amendment 3, page 10, line 39, at end insert— “(3) The Secretary of State must ensure that the financial and practical assistance provided to the Commissioner is appropriate and sufficient to allow the Commissioner to carry out its functions.” This amendment would require the Secretary of State to provide adequate financial and practical assistance to the Commissioner to enable it to carry out its functions.