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Tri–Service Armed Forces Bill House of Commons Defence Committee Tri–Service Armed Forces Bill Second Report of Session 2004–05 Report, together with formal minutes, oral and written evidence Ordered by The House of Commons to be printed 3 March 2005 HC 64 [Incorporating HC 1139-i, Session 2003–04] Published on 14 March 2005 by authority of the House of Commons London: The Stationery Office Limited £15.50 The Defence Committee The Defence Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Ministry of Defence and its associated public bodies. Current membership Mr Bruce George MP (Labour, Walsall South) (Chairman) Mr James Cran MP (Conservative, Beverley and Holderness) Mr David Crausby MP (Labour, Bolton North East) Mike Gapes MP (Labour, Ilford South) Mr Mike Hancock CBE MP (Liberal Democrat, Portsmouth South) Dai Havard MP (Labour, Merthyr Tydfil and Rhymney) Mr Kevan Jones MP (Labour, North Durham) Richard Ottaway MP (Conservative, Croydon South) Mr Frank Roy MP (Labour, Motherwell and Wishaw) Rachel Squire MP (Labour, Dunfermline West) Mr Peter Viggers MP (Conservative, Gosport) The following Member was also a Member of the Committee during the period covered by this report. Mr Crispin Blunt MP (Conservative, Reigate) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk. Publication The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/parliamentary_committees/defence_committee.cfm A list of Reports of the Committee in the present Parliament is at the back of this volume. Committee staff The current staff of the Committee are Mark Hutton (Clerk), Richard Cooke (Second Clerk), Ian Rogers (Audit Adviser), Daniel Korski (Committee Specialist), Adrian Jenner (Inquiry Manager), Lis McCracken (Committee Assistant), Sheryl Dinsdale (Secretary) and James McQuade (Senior Office Clerk). Contacts All correspondence should be addressed to the Clerks of the Defence Committee, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 5745; the Committee’s email address is [email protected]. Media enquiries should be addressed to Adele Brown on 020 7219 0724. Tri-Service Armed Forces Bill 1 Contents Report Page Summary 3 1 Introduction 5 Background to the inquiry 5 Our inquiry 5 Consultation exercise 6 Timetable for the Bill 7 2 The case for a Tri-Service Armed Forces Act 9 The Service Discipline Acts 9 The Service Discipline System 9 Benefits of a Tri-Service Armed Forces Act 10 Parliamentary interest in a Tri-Service Armed Forces Act 12 Consolidation of Service law 12 Harmonisation of Service law 13 3 Proposals for a single system of Service law 15 Discipline 15 Summary discipline 15 Administrative action 18 Court Martial 20 European Court of Human Rights issues 25 Redress of complaints 26 Boards of Inquiry 28 4 Parliamentary scrutiny and legislation 32 Pre-legislative scrutiny 32 Experience of Armed Forces Bills 32 Scrutiny by select committee? 34 Annual renewal of Service law 36 Delegated powers 37 Conclusions and recommendations 40 Annex: List of Abbreviations 45 Formal Minutes 46 Witnesses 48 List of written evidence 49 Reports from the Defence Committee since 2001 50 Tri-Service Armed Forces Bill 3 Summary Discipline among Service personnel is crucial to maintaining Operational Effectiveness. The disciplinary systems of the three Armed Services are currently underpinned by three separate Service Discipline Acts. The Government’s Strategic Defence Review, published in July 1998, announced that there would be an ‘examination of the need for a single tri- Service Discipline Act’. But it has taken until now for concrete proposals to emerge. The Government plans to introduce a Tri-Service Armed Forces Bill in the 2005–06 parliamentary session. The Ministry of Defence (MoD) asked us to consider its proposals as set out in a memorandum of October 2004 and an updating memorandum of January 2005. We were not provided with any draft clauses, and a number of the proposals need to be developed further. However, we have sought to provide an initial response to the proposals where we could. MoD plans to start consulting on the Bill in mid 2005, prior to introduction in the autumn. This appears to be a challenging timescale if the outcome of the consultation is to be properly reflected in the Bill before it is introduced. Substantial changes are proposed to the current court martial system, including the creation of a standing court and a single prosecuting authority. The changes are intended to improve both the speed to court martial, and the nature of court martial. Although, in principle, we support the proposed changes to courts martial, there is still much work to be done on the detailed provisions. The Commanding Officer (CO) is at the heart of the discipline system. Currently, the COs in the three Services have different powers in terms of the cases that can be dealt with summarily and the punishments available to them. A harmonised level of powers has been agreed which, in the case of the Royal Navy, will result in more cases having to be dealt with at court martial. In the other two Services, COs may have to deal with more cases summarily. To achieve the desired results, MoD will need to ensure that Army and RAF COs in particular are fully supported and trained. MoD’s proposals also cover a wide range of other areas, including redress of complaints arrangements and Boards of Inquiry. Many of the proposals need to be developed further. We disagree with MoD over the attendance of next of kin at Boards of Inquiry. We believe that the presumption should be that they should be allowed to attend. The Government told us that it is committed to proper and effective parliamentary scrutiny of the Tri-Service Armed Forces Bill. The form of this scrutiny will depend to some extent upon the progress with the Bill’s preparation and the parliamentary timetable over the coming months. However, we recommend that it comprises a select committee stage, during which witnesses from MoD and the Armed Forces could be examined, and a standing committee stage, at which the bill would be subject to line by line examination in public. Tri-Service Armed Forces Bill 5 1 Introduction Background to the inquiry 1. The Government’s Strategic Defence Review, published in July 1998, announced that there would be an ‘examination of the need for a single tri-Service Discipline Act’.1 On 13 June 2003, the then Parliamentary Under-Secretary of State for Defence, Dr Lewis Moonie MP, wrote2 to our Chairman about a project to replace the three Service Discipline Acts with a single Tri-Service Act (TSA). On 23 April 2004, Dr Moonie’s successor, Mr Ivor Caplin MP, wrote3 to the Chairman to update him on progress with the project, and said that he hoped that the next five-yearly Armed Forces Bill, due in the 2005–06 session, would be the vehicle for the Tri-Service legislation. The Bill is expected to be large, in the order of 350–400 clauses.4 2. On 28 June 2004, Mr Caplin again wrote5 to the Chairman, noting that he was keen ‘to expose our ideas in a coherent fashion at an early a stage as possible to those most closely interested’. He proposed that a memorandum (subsequently referred to as the Memorandum) on the Bill be submitted to the Committee in the autumn, setting out the key principles underpinning the legislation and providing details of the main policy proposals. He hoped that the Committee could consider the proposals, take evidence, and produce a report in early 2005 to assist the Ministry of Defence (MoD) with its work. 3. We received the Memorandum6 on 6 October 2004 and a further memorandum on 8 January 2005.7 We held two sessions of oral evidence, one with MoD’s Tri-Service Armed Forces Bill Team on 27 October 2004, and one with Mr Caplin, on 2 February 2005. 4. We are grateful to the specialist advisers who have assisted us in our inquiry: Rear Admiral Richard Cobbold, Professor Christopher Dandeker, Air Vice Marshal Professor Tony Mason and Brigadier Austin Thorp. We are also grateful to the assistance provided by the Committee Office Scrutiny Unit. Our inquiry 5. MoD states that its Memorandum ‘describes the main conclusions we have reached about criminal and disciplinary matters and outlines our developing thinking in other key areas, notably Boards of Inquiry and redress of grievance procedures’.8 6. The detail of the Bill’s provision will be significant, but in many areas cannot be ascertained from the information provided to date. For example, it is proposed that the Act 1 Strategic Defence Review, Ministry of Defence, July 1998, Cm 3999, para 133 2 Ev 35 3 Ev 35 4 Ev 37 5 Ev 36 6 Ev 36–54 7 Ev 70–74 8 Ev 36 6 Tri-Service Armed Forces Bill would re-define service offences which are described as very old, and clarify existing areas of uncertainty. The information in the Memorandum relating to these and other important matters is sketchy. Annex B to the Memorandum lists the subject headings which are likely to appear in the Bill, but none of the draft clauses have been provided with the Memorandum. While we were content to consider the proposals set out in MoD’s Memorandum, the sketchy nature of some of the information, and the lack of any draft clauses, limits the extent to which we have been able to reach substantive and unqualified final conclusions.
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