Contribution
That is one of the reasons for these amendments and other provisions in the Bill. In the past, personnel had to leave the regular forces to join the reserves and leave the reserves to join the regular forces. We want to create a seamless transition, which will reduce the 60 pages of administrative burden that my hon. Friend had to fill in to a much more seamless transition between regular and reserve services, mirroring other nations across the world that do it quite well.
We need a system that is fair and equitable and that does not discriminate against anyone who wishes to exercise that flexibility. It is worth noting what that will provide for the UK in the current geostrategic environment. It will likely take us from a strategic reserve of 95,000 that could be mobilised up to 150,000 over the next 10 years, which is a significant step forward.
All the other Government amendments tabled in my name are either consequential to the amendments I have just covered or are minor and technical, simply to improve the drafting of the Bill.
I turn to the Opposition amendments. On amendments 2, 3 and 4, I am aware that the Minister for Veterans and People recently met the right hon. Member for Rayleigh and Wickford (Mr Francois) and the hon. Member for Solihull West and Shirley (Dr Shastri-Hurst) to discuss the concerns behind them. We continue to work across Government on the best way to address those issues in practice. The better route is not a rigid statutory fix but practical improvements through existing systems. The statutory guidance on the covenant legal duty already gives public bodies a flexible framework to take account of the particular challenges service families face when on the move. Let me be clear: considering the statutory guidance supporting the duty is not optional; once it is in force, public bodies that are subject to the duty must have regard to it in their decision making and policy development.
Special educational needs, adoption and fostering, and NHS continuity are exceptionally important issues, but they are not well addressed through rigid legislation. The systems are different, the legal frameworks are different and the decisions involved often depend on professional judgment, safeguarding or clinical need. A blanket duty to transfer plans, arrangements or treatment automatically could create confusion, cut across devolved responsibilities and in some cases delay the support families need. Instead, our focus is on improving continuity in delivery so that service families get better support without unintended consequences.
Amendment 88 would require the Secretary of State to review current practices for communicating with former service personnel about their armed forces pension entitlements. The MOD maintains a comprehensive and ongoing programme of communication with both serving and former personnel, supported by established governance, regular data analysis and targeted engagement activity. The Department already monitors take-up and traces unclaimed entitlements 60 working days after pension due date. When a positive address is identified, individuals are contacted. That approach has resulted in over 10,000 pensions being brought into payment. Mandating a further statutory assessment would add process without delivering meaningful additional insight, diverting resource from delivery at a time when the focus is rightly on implementing pension remedies and strengthening frontline pension support.
Amendment 89 would require the Secretary of State to review current practices regarding the transfer of the medical records of armed forces personnel upon their transfer to the reserve forces. I reassure the Committee that no transfer of military healthcare records is needed when transferring from regular to reserve service because Defence continues to hold and manage healthcare records for reservists in the same electronic system, which will also be simplified by some of the reserve forces amendments I mentioned earlier. It is worth noting that we send out 425,000 quarterly digests to those receiving pensions across the system.
Amendment 90 seeks to make sure that all investigations and prosecutions of service persons for sexual offences and domestic abuse in the UK take place in a criminal justice system. Since the prosecutors’ protocols were published in 2023, there have been no cases where a victim wanted trial in the criminal justice system but the case was instead prosecuted in the service justice system. The amendment would, however, override the victim’s preference in cases where they would prefer the service justice system. That risks increasing the victim withdrawal rate in civilian police investigations which, for adult rape-flagged cases in 2024, was 59%, while the withdrawal rate for the Defence Serious Crime Command was 24%. Furthermore, the amendment could lead to the loss or erosion of golden hour evidence and the safeguarding of victims, as there is no duty on civilian police to accept the case. A case-by-case approach that takes into account the views of the victim is better. Clause 25 therefore strengthens the provision of information to victims when asked for their preferred jurisdiction. That will help prosecutors take into account the victim’s view when making a decision on jurisdiction.
Amendment 5 would extend eligibility to sit on a court martial board to retired officers. The Government do not consider the amendment to be necessary, nor do we believe that it would improve the current arrangements. First, there is no shortage of eligible board members. The court martial already draws from a broad and sufficient pool of eligible personnel. In 2025, for example, 447 service personnel were sworn for 263 trials, and there has been no difficulty in constituting boards. Secondly, it is important that board members bring current knowledge and practical experience of the latest single service policies, procedures, values and standards. An individual who has left service, even relatively recently, may no longer be sufficiently connected to the pace of change across the service. I recognise the valuable contribution that veterans continue to make, but service on a court martial board is not the appropriate means of drawing on that experience. It is also worth noting that, when we are court-martialling higher rank, there are over 331 one stars in the British military and therefore ample opportunity to sit on court martial boards.
Amendment 1 would ensure that persons undertaking vital civilian work are exempt from a recall order under new section 69A of the Reserve Forces Act 1996. Section 73 of the Reserve Forces Act already provides powers of exemption to recall. That existing provision allows the Defence Council, by regulations, to exempt individuals from or relax recall liability in total.
Amendment 6 aims to increase the readiness requirement for reservists in Army reserve group A from 180 days to 90 days. I reassure the Committee that all Army readiness levels are subject to annual review, and to effectively fulfil its obligations the Army must review and adjust readiness levels across all elements of its force, responding to the evolving demands of the nation. It is essential that defence maintains the necessary flexibility to respond swiftly and appropriately to changing threat levels. Embedding such provisions in primary legislation would impose rigid constraints, creating an obstacle rather than a suitable mechanism for setting and reviewing readiness levels.
Hopefully, I have given the necessary assurances, and I ask that the Opposition amendments be withdrawn.