Contribution
I place on record that, as a veteran myself, it was a huge privilege to serve on the Select Committee that considered this important legislation. I will concentrate my remarks on new clauses 4, 9 and 11. At first glance, they may appear to concern different matters, yet, in reality, they are united by the common principle that Parliament should ensure that those who serve this country are treated fairly, and that the law recognises the unique obligations we place on them.
We quite rightly celebrate the professionalism of our armed forces. We ask them to defend our interests overseas, deter our adversaries, and, when necessary, place themselves between danger and the rest of us. It is right that the first duty of any Government is the defence of our realm. It therefore follows that the first duty of Parliament towards those who discharge that responsibility is to ensure that they are treated with fairness, dignity and respect. That means understanding that military service is not simply another profession, but a vocation that places demands on individuals and their families that most of our fellow citizens will never be asked to bear.
I begin with new clause 4. I have long believed that when an individual commits to service in the armed forces, the nation enters a contract with them that carries practical consequences. We ask our service personnel to accept postings away from home, to move their families at short notice, to spend long periods separated from loved ones, and, in some cases, to place themselves in danger on our behalf. When we speak of supporting the armed forces, we cannot confine our attention solely to those in uniform; we must also consider the spouses and children who support them.
New clause 4, tabled by my hon. and gallant Friend the Member for Huntingdon (Ben Obese-Jecty), addresses a concern that many Members across this House have heard repeatedly from serving personnel and veterans alike: that the financial burden imposed on families seeking indefinite leave to remain after years of loyal service to this country is too much. There is a straightforward question before us. If an individual has given years of service to our nation, why should their family then face significant financial barriers simply to secure their future here? They have worn our uniform, accepted unlimited liability in defence of our national interests, and contributed directly to our security. In those circumstances it cannot be right, having honoured their commitment to our country, that we appear reluctant to honour our commitment to them.
The armed forces covenant, as my right hon. and gallant Friend the Member for Rayleigh and Wickford (Mr Francois) mentioned, rests on the principle that those who serve should suffer no disadvantage as a result of that service. It is difficult to reconcile that principle with a situation in which a family that has supported a service member throughout years of deployments and postings, is then confronted with substantial costs in order to remain together in the country for which that service was given. New clause 4 is not a radical proposition; it is a relatively modest measure that simply recognises commitment and rewards service. Crucially, it sends a clear signal that Parliament values not only those who wear the uniform but the families who stand behind them.
Over the past two decades, there has been a considerable concern about the extent to which human rights litigation has affected military operations overseas. Parliament has recognised those concerns in previous legislation relating to overseas operations. That issue is not a novel one, but part of a continuing debate about how best to reconcile operational effectiveness, accountability and fairness.
The argument for new clauses 9 and 11 is, at its heart, a simple one. A soldier deployed on operations is not situated in the same circumstances as a civilian living in peacetime; the realities of combat are fundamentally different. Those of us who have had the privilege to spend time with serving personnel quickly come to appreciate that military operations are conducted in conditions of danger, ambiguity and enormous pressure. Decisions are often made in moments, not months. Commanders and soldiers do not enjoy the luxury of hindsight that is available to lawyers examining events years later from the cold comfort of a courtroom.