Armed Forces Commissioner Act

To move the following Clause— “Commissioner’s interaction with Veterans Commissioners

Clause 1, page 2, line 2, at end insert— “(5A) The Commissioner shall operate independently from –

Schedule 1, 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 their functions.”

Clause 1, 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 timeframe for—

Clause 4, page 6, line 2, at end insert— “(4A) After section 340O (annual report on system for dealing with service complaints), insert—

Schedule 1, page 9, line 34, at end insert— “(1A) The Commissioner’s staff must include a King’s Counsel, with responsibility for providing the Commissioner with advice on legal issues arising in the course of the Commissioner’s work of promoting and investigating general service welfare.”

Clause 4, page 3, line 31, after “means” insert “kinship carers and the family members of deceased service personnel as well as other”

To move the following Clause— “Applicability to prospective recruits

Clause 2, page 2, line 15, at end insert— “(2) Once the functions of the Service Complaints Ombudsman become functions of the Commissioner, the Commissioner will investigate individual service complaints in the same manner as they were previously investigated by the Service Complaints Ombudsman.”

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 other related benefits to serving and former members of the armed forces.”

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.

Clause 1, page 2, line 2, at end insert— “(5A) The Commissioner must—

Clause 4, page 3, line 35, at end insert— “340IAA Commissioner support for minority groups within service personnel

Schedule 1, page 10, line 33, at end insert— “(1A) Financial assistance provided to the Commissioner by the Secretary of State must increase annually by a measure determined by the increase in the Consumer Prices Index 12-month rate published by the Office for National Statistics.”

To move the following Clause— “Applicability to prospective recruits

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.

Clause 4, page 3, line 31, after “means” insert “kinship carers and the family members of deceased service personnel as well as other”

Clause 1, 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—

Clause 1, page 2, line 2, at end insert— “(5A) The Commissioner must—

Schedule 1, 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.”

Clause 4, page 6, line 2, at end insert— “(4A) After section 340O (annual report on system for dealing with service complaints) insert—

Clause 4, page 3, line 35, at end insert— “340IAA Commissioner support for minority groups within service personnel

Clause 4, 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 dependents of serving and former members of the armed forces, including but not limited to—

Clause 1, page 2, line 2, at end insert— “(5A) The Commissioner shall operate independently from—

To move the following Clause— “Commissioner’s interaction with Veterans Commissioners

Clause 4, 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”

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 dependents.”

After Clause 5, insert the following new Clause— “Engagement with the Veterans’ Commissioners

Clause 4, page 4, line 19, at end insert— “(3A) Once the Commissioner has given the notice to the Secretary of State under subsection (3), the Secretary of State must, as soon as is practicable, inform the commanding officer of the relevant service premises that the Commissioner proposes to exercise its power under subsection (1).”

Schedule 1, page 10, line 39, at end insert— <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">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.”</span></span>

Clause 4, page 5, line 12, at end insert— “340IC Commissioner’s functions in relation to whistleblowing

Clause 4, page 4, leave out lines 20 to 22 and insert— “(4) Subsections (3) and (3A) do not apply, so far as relating to service premises in the United Kingdom, if—

After Clause 4, insert the following new Clause— “Report: Commissioner’s interaction with the Service Police Complaints Commissioner

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.”

After Clause 5, insert the following new Clause— “Timeframe for implementation of this Act

Clause 1, page 2, line 2, at end insert— “(5A) The Commissioner must—

Clause 4, page 6, line 2, at end insert— “(4A) After section 340O (annual report on system for dealing with service complaints), insert—

Schedule 1, page 10, line 32, leave out “may” and insert “must”

Schedule 1, page 8, line 28, leave out “two” and insert “five”

Clause 4, 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 recruitment and retention of armed forces personnel,”

Clause 4, page 3, line 31, after “means” insert “kinship carers and the family members of deceased service personnel as well as other”

Clause 4, 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—

Clause 4, page 4, line 18, leave out from “proposal” to end of line 19 and insert “at least seven days before the Commissioner intends to exercise the power under subsection (1).”

Schedule 1, page 8, line 16, at end insert— “3A The Secretary of State must not make a recommendation to His Majesty under paragraph 3 until the recommendation has been laid before, and approved by a resolution of, each House of Parliament.”

Schedule 1, page 8, line 16, at end insert— “3A The Secretary of State’s preferred candidate for Commissioner must make themselves available to any relevant parliamentary committee for a pre-appointment hearing.

Clause 1, page 2, line 4, at end insert— “(7) For the purposes of this section, “persons subject to service law” includes people going through the recruitment process to join any branch of the armed forces, and “relevant family members” includes the family members of people going through any such recruitment process.”

After Clause 5, insert the following new Clause— “Duty to consider the lived experience of Reserve Service Personnel

After Clause 1, insert the following new Clause— “Use of the Commissioner

Clause 1, page 2, line 2, at end insert— “(5A) The Commissioner must—

After Clause 4, insert the following new Clause— “Relevant family members

Clause 1, page 1, line 10, after “law” insert “, individuals engaged in the recruitment process for the armed forces (as defined by section (<i>Use of the Commissioner</i>)),”

Schedule 1, page 10, line 32, leave out “may” and insert “must”

Clause 4, page 3, line 3, at end insert— “(3A) “Relevant family members” means such descriptions of persons connected with a person subject to service law as may be specified.”

Clause 4, page 3, leave out lines 31 to 33

Clause 4, page 6, line 5, leave out “340IA(4)(e)” and insert “340IA(3A) or ” (4)(e)

Clause 1, page 1, line 12, leave out “340IA(8)” and insert “340IA(3A)”

Schedule 2, page 14, line 27, at end insert— “21A In section 340N—

Schedule 1, page 8, line 16, at end insert— ““3A <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The Secretary of State must not make a recommendation to His Majesty under paragraph 3 unless the recommendation has been laid before and approved by the relevant Parliamentary Committee in both Houses.</span></span>

Clause 1, page 2, line 4, at end insert— “(7) For the purposes of this section a person (“P”) is a “whistleblower” if—

Clause 1, page 1, line 15, at end insert— “(aa) to investigate concerns raised by a whistleblower in relation to the welfare of persons subject to service law and relevant family members, and”

Clause 4, page 4, line 38, at end insert— “(7A) Nothing in this section negates the authority of the Commanding Officer of service premises in relation to access to such service premises.”

Clause 4, page 3, line 28, at end insert— “(7A) The Commissioner must where relevant, with particular reference to service people and relevant family members under the age of 18, consult with the Children’s Commissioner and other relevant departments, bodies and individuals with particular responsibility for child welfare.”