Ms Nusrat Ghani

With this it will be convenient to discuss the following: Government amendments 8 and 9. Amendment 2, in clause 2, page 6, line 37, at end insert— “343AZC Continuity of plans for special educational needs (1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must make regulations to make provision for a plan for special educational needs awarded to a person who — (a) is a child of or dependent upon a person serving in the Armed Forces, and (b) becomes ordinarily resident in another part of the United Kingdom when posted. (2) The regulations made under subsection (1) must ensure that, if a person is required to move from one base to another as part of their service in the armed forces, any plan awarded to their child or dependent under subsection (1) must be automatically transferred to the relevant authority. (3) A person to whom subsection (2) applies shall have reasonable time to negotiate a named school for their plan under subsection (1) with the relevant authorities. (4) Under this section, “a plan” means — (a) in England, an Education and Health Care Plan; (b) in Wales, an Individual Development Plan; (c) in Scotland, a Co-ordinated Support Plan; (d) in Northern Ireland, a Statement of Special Educational Needs.” This amendment would allow serving families, with a child for whom they have been awarded an Education and Health Care Plan or equivalent Special Educational Needs support, to transfer that support without penalty if they are required to move bases, for operational or other reasons, from one area to another. Amendment 3, page 6, line 37, at end insert— “343AZC Continuity of adoption and fostering arrangements (1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must by regulations make provision for the continuity of adoption and fostering arrangements for a person who— (a) is a serving member of the Armed Forces, (b) has entered into negotiations about potentially adopting or fostering children, and (c) is required to move base as part of their military service. (2) Regulations under subsection (1) must ensure that if a service family is required to move from one base to another, for operational or other reasons, any adoption or fostering arrangements they have made with their existing local authority should be appropriately transferred to the appropriate new local authority. (3) For the purposes of this section, “appropriately transferred” means any adoption or fostering arrangements shall not be disrupted as a result of the transfer from one local authority to another. (4) Regulations under subsection (1) must make provision for minimum residency requirements for adoption or fostering in a local authority to be waived for any service family which is required to move from one local authority jurisdiction to another, for operational or other reasons. (5) Service families to which this section applies shall have an opportunity to renegotiate potential adoption or fostering arrangements with the new local authority, including prior to transfer to their new posting.” This amendment would require adoption and/or fostering processes being undertaken by a service family to be automatically transferred to the appropriate local authority if that family is required to move bases as part of their service in the armed forces. Amendment 4, page 6, line 37, at end insert— “343AZC Continuity of NHS secondary care services (1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must by regulations make provision for the continuity of secondary care treatment for a person who— (a) is a dependent of a member of the regular or reserve forces who is receiving secondary care services from a health body in one part of the United Kingdom, and (b) becomes ordinarily resident in another part of the United Kingdom when the member of the armed forces to whom that person is dependent is posted. (2) Regulations under subsection (1) must make provision for relevant health bodies to take reasonable steps to ensure that any course of secondary care treatment being provided to the dependent is transferred to an appropriate health body in the area to which the dependent relocates, and— (a) the dependent’s treatment or place on a treatment waiting list is maintained upon transfer of responsibility of care between health bodies, and (b) the dependent will not require a new referral form from a general practitioner or other primary care professional as a condition for continuation of treatment upon transfer of responsibility of care between health bodies. (3) Regulations under this section must include a requirement for a national authority to issue guidance on— (a) the transfer of patient records, (b) the continuation of treatment pathways upon transfer of responsibility of care between health bodies, and (c) the preservation of waiting list placement upon transfer of responsibility of care between health bodies.” This amendment would require the Secretary of State to make provision for NHS secondary care services to be appropriately transferred where a person who is dependent on a member of the armed forces must become ordinarily resident in an area for which a different NHS body is responsible for care. Amendment 88, page 6, line 37, at end insert— “343AZC Communication regarding armed forces pensions (1) The Secretary of State must undertake an assessment of the effectiveness of communication with former service personnel about their armed forces pension. (2) An assessment under subsection (1) is not limited to but must include— (a) a review of the number of armed forces pensions which have been unclaimed, (b) the impact of the current armed forces pensions system on former service personnel, and (c) an assessment of the effectiveness of introducing an annual letter distribution service to inform former personnel of their pension entitlements. (3) For the purposes of this section, “former service personnel” means a person who has completed their services in the armed forces. (4) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must lay a copy of the assessment under subsection (1) before each House of Parliament.” This amendment would require the Secretary of State to review current practice for communicating with former service personnel about their armed forces pension entitlements. Amendment 89, page 6, line 37, at end insert— “343AZC Transfer of medical assessments (1) The Secretary of State must review current practice for the transfer of medical records and services for armed forces personnel upon their transfer to the reserve forces. (2) A review under subsection (1) is not limited to but must include an assessment of— (a) the time and costs associated with current practice, (b) the costs and benefits of introducing a case-by-case approach for determining whether a reassessment of armed forces personnel’s medical records and services is required upon their transfer to the reserve forces. (3) Within one year of the passage of the Armed Forces Act 2026, the Secretary of State must lay a copy of the assessment under subsection (1) before each House of Parliament.” This amendment would require the Secretary of State to review current practice regarding the transfer of armed forces personnel’s medical records and services upon their transfer to the reserve forces. Clause 2 stand part. Government amendments 10 to 24. Clause 3 stand part. Government amendment 25. Clause 4 stand part. Clauses 5 and 6 stand part. Government amendments 26 to 30. Clause 7 stand part. Clauses 8 to 11 stand part. Amendment 90, in clause 12, page 29, line 6, at end insert— “115C Duty to refer sexual offences and domestic abuse to civilian police (1) This section applies where a service police force or the tri-service serious crime unit is made aware of an allegation that a person subject to service law, or a civilian subject to service discipline, has committed a relevant offence in the United Kingdom. (2) The Provost Marshal of the relevant service police force, or the Provost Marshal for serious crime, must immediately refer the allegation and transfer the investigation to the relevant civilian police force. (3) In this section— “relevant civilian police force” means the civilian police force for the area in which the alleged offence took place; “relevant offence” means— (a) any offence under the Sexual Offences Act 2003, (b) an offence involving domestic abuse within the meaning of the Domestic Abuse Act 2021, or (c) an offence of attempting or conspiring to commit an offence within sub-paragraph (a) or (b). (4) The Secretary of State may by regulations specify further offences which are to be treated as a relevant offence for the purposes of this section.” This amendment requires the Service Police and the Defence Serious Crime Command to refer all allegations of sexual offences and domestic violence to the civilian police forces for investigation and subsequent trial in the civilian justice system. Clause 12 stand part. Government amendment 31. Clause 13 stand part. Clauses 14 to 19 stand part. Amendment 5, in clause 20, page 34, line 27, at end insert— “(iii) a retired holder of such a rank.” This amendment would add retired officers to those qualified for membership of the Court Martial. Clause 20 stand part. Government amendment 32. Clause 21 stand part. Clauses 22 to 24 stand part. Government amendments 33 and 34. Clause 25 stand part. Clauses 26 to 28 stand part. Government amendments 35 to 37. Clause 29 stand part. Clauses 30 to 32 stand part. Government amendments 38 to 41. Amendment 1, in clause 33, page 54, line 43, at end insert— “69C Prevention of recall for persons in reserved occupations (1) The Secretary of State may make regulations to define certain categories of civilian work as reserved occupations. (2) A “reserved occupation” under subsection (1) is any category of civilian work which the Secretary of State deems as vital for defence purposes. (3) Persons undertaking a reserved occupation may be exempted from a recall order under section 69A for which they would have otherwise been liable.” This amendment would allow persons undertaking civilian work which the Secretary of State deems vital for defence purposes to be exempt from a recall order under section 69A. Amendment 6, page 54, line 43, at end insert— “69C Notice periods for recall (1) Those reservists in Army Reserve Group A, or its equivalents, shall, following the passage of the Armed Forces Act 2026, have their standard notice reduced from readiness category R9 (180 days) to R8 (90 days). (2) For the purposes of this section, “Army Reserve Group A” has the meaning defined in the Reserve Land Forces Regulations 2026.” This amendment would increase the readiness requirement for reservists in Army Reserve Group A from 180 days to 90 days. Clause 33 stand part. Clauses 34 to 41 stand part. Government amendment 42. Clause 42 stand part. Clauses 43 to 51 stand part. Government amendments 43 to 46. Clause 52 stand part. Government amendment 47. Clause 53 stand part. Government amendment 48. Clause 54 stand part. Clause 55 stand part. Government new clause 4. New clause 1—Exemption from the European Convention on Human Rights for Deployed Members of the Reserve Forces— “A member of the reserve forces who has been deployed for operations under this Act may not be subject to the provisions of the European Convention on Human Rights for the duration of that deployment.” This new clause would make provision for the members of the reserve forces who have been deployed under this Act to be exempt from the European Convention on Human Rights for that period of deployment. New clause 2—Laying of the Defence Investment Plan— “Within one month of the passage of this Act, the Secretary of State must lay a Defence Investment Plan before both Houses of Parliament.” This new clause would require the Secretary of State to lay a Defence Investment Plan before both Houses of Parliament within a month of the passage of this Act. New clause 3—National Veterans’ Commissioner (England)— “After section 366 of the Armed Forces Act 2006 insert— “366A National Veterans’ Commissioner (England): establishment (1) Within 12 months of the passing of the Armed Forces Act 2026, the Secretary of State must appoint a National Veterans’ Commissioner for England (“the Commissioner”). (2) The Commissioner shall act independently in carrying out the functions of the office. (3) The Commissioner’s functions shall include but are not limited to— (a) promoting the interests of veterans in England; (b) monitoring the operation and effectiveness of the Armed Forces Covenant in England; (c) reviewing the effect of public policy and public services on veterans and their families; (d) identifying barriers faced by veterans in accessing housing, healthcare, employment, education, and other public services; (e) making recommendations to the Secretary of State and to public authorities on improving support for veterans. (4) In exercising the functions under subsection (3) the Commissioner may — (a) carry out reviews and investigations into matters affecting veterans; (b) consult veterans, service charities, public authorities, and other relevant organisations; (c) publish reports and recommendations. (5) The Commissioner shall prepare an annual report on the exercise of the Commissioner’s functions. (6) The Commissioner may at any time prepare a report on any matter relating to the interests of veterans in England. (7) The Secretary of State must lay any report prepared by the Commissioner under this section before both Houses of Parliament. (8) The Secretary of State must make arrangements for— (a) the provision of staff, accommodation, and other resources as they consider necessary for the Commissioner to carry out their functions, and (b) the publication of the Commissioner’s reports under this section. (9) The Commissioner is to be appointed for a term of three years and may be reappointed for one further term. (10) The Secretary of State may remove the Commissioner from office only on grounds of — (a) incapacity, (b) misbehaviour, or (c) failure to discharge the functions of the office. (11) In this section— “public authority” has the same meaning as in section 6 of the Human Rights Act 1998; “veteran” means a person who has served in His Majesty’s armed forces.”” This new clause would require the Government to appoint a National Veterans’ Commissioner for England and sets out its functions. New clause 5—Waived fees for indefinite leave to remain for spouses or dependants of serving or discharged member of the armed forces— “(1) The Immigration Act 2014 is amended as follows. (2) In section 68, after subsection (11) insert— “11A Fees may not be charged No fees may be charged in respect of a serving or previously serving member of the armed forces or their family members applying for indefinite leave to remain under the Immigration Rules Appendix HM Armed Forces.”” This new clause would amend the Immigration Act 2014 to waive the fee for indefinite leave to remain applications for the spouses or children of any current or previously serving members of the armed forces. New clause 6—Overseas operations and the European Convention on Human Rights— “After section 14 of the Human Rights Act 1998 insert— “14A Duty to consider derogation in relation to overseas operations (1) Where the Secretary of State considers that any overseas operation is, or is likely to be, significant, the Secretary of State must consider whether it is appropriate for the United Kingdom to make a derogation under Article 15(1) of the Convention. (2) In this section— “overseas operations” means operations of Her Majesty’s forces outside the British Islands in the course of which members of those forces may come under attack or face the threat of attack or violent resistance; “Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).”” This new clause reinstates a duty, removed during passage of the Overseas Operations Act 2021, requiring the Secretary of State to consider derogation from the European Convention on Human Rights during significant overseas operations. New clause 7—Assessment of the reserve forces estate— “(1) Six months after the passage of this Act and every three years thereafter, the Secretary of State must publish an assessment of the conditions of the reserve forces estate. (2) An assessment under subsection (1) is not limited to but must include an assessment of— (a) catering provisions, (b) personal hygiene provisions, and (c) support for existing and new reserve forces. (3) The Secretary of State must consult the RCFA in conducting an assessment under subsection (1). (4) Under subsection (1) ‘reserve forces estate’ refers to all properties managed by the RFCA. (5) The Secretary of State must lay a copy of each assessment under subsection (1) before each House of Parliament.” This new clause would require the Secretary of State to publish and lay before Parliament an assessment of the reserve forces estate six months after the passage of this Act and every three years thereafter. New clause 8—Review of Schedules 1 and 2 of the Armed Forces Act 2006— “(1) Within 12 months of the passage of this Act, the Secretary of State must review offences included under Schedules 1 and 2 of the Armed Forces Act 2006. (2) A review under subsection (1) must consider whether any offences pertaining to domestic abuse which have been classified under Schedule 1 of the Armed Forces Act 2006 may be instead classified as an offence under Schedule 2 of that Act. (3) The Secretary of State must lay a copy of the review under subsection (1) before each House of Parliament.” This new clause would require the Secretary of State to review the classification of offences under Schedule 1 and 2 of the Armed Forces Act 2006; it would create a specific requirement for the classification of domestic abuse offences to be considered. New clause 9—An armed forces retention strategy— “(1) This section applies where the Secretary of State lays before Parliament the Ministry of Defence Votes A paper seeking Parliamentary authority for the maximum numbers of personnel to be maintained for service with the armed forces in the following financial year. (2) The Secretary of State must lay alongside the Votes A paper an armed forces retention strategy. (3) The retention strategy must include— (a) an assessment of the current rates of retention across the regular and reserve forces, (b) an explanation of the steps the Ministry of Defence is taking to improve retention to meet the maximum numbers of personnel set out in the Votes A paper, and (c) an assessment of the findings of the most recent Armed Forces Continuous Attitudes Survey and its findings regarding satisfaction with service life.” This new clause would require the Government to lay an armed forces retention strategy alongside the annual Votes A paper on the maximum number of personnel to be maintained in the armed forces. New clause 10—Independent review of Armed Forces recruitment and retention— “(1) The Secretary of State must commission an independent review of the processes for recruitment and retention across His Majesty’s forces. (2) The review under subsection (1) must, in particular, consider— (a) the efficiency and consistency of recruitment processes across the Royal Navy, the regular army, the Royal Air Force and the reserve forces, (b) the effectiveness of steps being taken to improve diversity and inclusion within His Majesty’s forces, (c) the impact of the quality of defence housing (including single living accommodation) on the retention of service personnel, and (d) the impact of the medical discharge process on retention and transition to civilian life. (3) A report of the review must be laid before each House of Parliament no later than 12 months after the day on which this Act is passed.” This new clause requires the Government to commission an independent review into recruitment and retention in the armed forces and lay the report of the review before Parliament. New clause 11—Duty to provide medical records on discharge— “(1) This section applies where a person ceases to be a member of the regular forces or the reserve forces. (2) The Secretary of State must by regulations make provision for a complete copy of the person’s service medical records is provided to the person no later than one month after the day on which the person is discharged or otherwise ceases to be a member of those forces. (3) Those regulations may specify the manner and form in which service medical records are to be provided under this section, including provision for records to be transferred directly to a civilian health body with the person’s consent. (4) In this section— “health body” has the same meaning as in section 343AZB; “service medical records” means any records relating to the person’s physical or mental health care and treatment created or maintained by or on behalf of His Majesty's forces during the person's period of service.” This new clause places a statutory duty on the Secretary of State to ensure that all service personnel leaving the military receive a complete copy of their medical records within one month of their discharge date. New clause 12—Veterans’ Mental Health Oversight Officer— “(1) The Armed Forces Act 2006 is amended as follows. (2) After section 343C (Establishment and functions of veterans advisory and pensions committees) insert— ‘343CA Establishment and functions of a Veterans’ Mental Health Oversight Officer (1) The Secretary of State must appoint a person to be the Veterans’ Mental Health Oversight Officer. (2) The general function of the Officer is to oversee the mental health care and treatment provided to veterans by the health bodies specified in section 343AZB. (3) In exercising their function, the Officer must, in particular, monitor and assess the extent to which health bodies are complying with the duty imposed by section 343AZA (Duty to have due regard to the covenant) in relation to the mental health and well-being of veterans. (4) The Officer may require a health body to provide such information as the Officer considers reasonably necessary to discharge their functions under this section. (5) The Officer must prepare an annual report on the exercise of their functions and the general state of veterans’ mental health care and treatment in the United Kingdom. (6) The Secretary of State must lay a copy of the Officer’s annual report before each House of Parliament. (7) In this section, ‘veteran’ means a person who has at any time been a service member.’” This new clause establishes the statutory role of a Veterans' Mental Health Oversight Officer. New clause 13—Single living accommodation standards— “(1) The Renters’ Rights Act 2025 is amended as follows. (2) In section 101 (The standard of MOD accommodation), after ‘service family accommodation’, in each place it occurs, insert ‘and single living accommodation’. (3) In subsection (10), at the appropriate place insert— ‘single living accommodation’ means any building or part of a building which is provided for the use of a person subject to service law or a civilian subject to service discipline as living accommodation, but which is not service family accommodation;”. This new clause amends the Renters’ Rights Act 2025 to ensure defence housing standards apply to single living accommodation. New clause 14—National Standards, Funding and Monitoring of the Armed Forces Covenant Duty— “(1) The Armed Forces Act 2006 is amended as follows. (2) After Section 343AE (Sections 343AA to 343AD: guidance) insert— ‘343AEA Armed Forces Covenant Duty National Standards (1) The Secretary of State must issue statutory guidance establishing clear and consistent national standards for the discharge of the duties imposed under section 343AA to 343AD (“the Covenant Duty”). (2) The national standards must— (a) set minimum requirements for compliance by relevant public bodies, (b) promote consistency in the quality and accessibility of services provided to members of the armed forces community across England, Scotland, Northern Ireland and Wales, and (c) require relevant public bodies to demonstrate due regard in a manner capable of objective assessment. (3) Relevant public bodies must have due regard to the standards issued under this section. 343AEB Funding and Support for Delivery (1) The Secretary of State must ensure that sufficient funding is made available to support the effective implementation of the Covenant Duty. (2) The Secretary of State must establish and maintain a dedicated Covenant Duty Training Programme, which shall— (a) provide accessible training and guidance to relevant public bodies, (b) promote awareness and understanding of the purpose and scope of the Covenant Duty among staff and decision-makers, (c) support the sharing of best practice between relevant public bodies, and (d) include provision for capacity-building where required. (3) In determining the allocation of funding under this section, the Secretary of State must have regard to variations in local demand and the particular needs of the armed forces community. 343AEC Reporting and measuring framework (1) The Secretary of State must establish a framework for the monitoring and evaluation of compliance with, and impact of, the Covenant Duty. (2) The framework must include— (a) defined performance indicators and outcome measures, (b) requirements for relevant public bodies to collect and report data relating to the Armed Forces Community in a consistent manner, (c) annual independent review of the effectiveness of the Covenant Duty, and (d) mechanisms to identify and disseminate learning and best practice.’” This new clause would create a requirement for guidance that sets national standards of Covenant Duty delivery across the country, for funding and resources to support delivery and to require monitoring of compliance with the duty. New clause 15—Armed Forces Covenant report: required content— “(1) The Armed Forces Act 2006 is amended as follows. (2) In section 343A (Armed forces covenant report), after subsection (5) insert— ‘(5A) An armed forces covenant report must— (a) include an assessment of compliance with armed forces covenant duty national standards under section 343AEA, (b) include analysis of outcomes for the armed forces community, and (c) include recommendations for improvement.’” This new clause, which is consequential on NC14, would require the Armed Forces Covenant report to include detail on compliance with national standards, outcomes for the armed forces community and recommendations for improvement. Government amendments 49 to 56. Schedule 1. Schedule 2. Government amendments 57 to 84. Schedule 3. Schedule 4. Government amendments 85 to 87. Schedule 5. Schedules 6 and 7.