Mark Francois MP: speeches 2024

Speeches

• 19 Dec 2024 · Service Accommodation · Hansard source

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  For the record, I declare an interest: I participated in the inquiry while serving on the Committee in the previous Parliament. I thank the Committee Chairman for kindly pointing that out. Also for the record, we welcome the Annington decision, partly because we had done a lot of work on that prior to the election. I thank the Minister for playing fair on that. Now that we have hopefully resolved the issue of the ownership of the estate, there is still the question of its management. Changing the ownership does not fix the boiler. Will the Chairman of the Committee be pleased to hear that, in the same bipartisan spirit, we are happy to work with the Department and Ministers to see if we can provide proposals for improving the management of the estate now that, hopefully, we have resolved the ownership question?

• 19 Dec 2024 · Ukraine · Hansard source

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  I thank the Minister for providing advance sight of his statement, which we on this side of the House warmly welcome. As the Minister noted, last month marked the grim milestone of the 1000th day of Russia’s second unprovoked and illegal invasion of Ukraine. Ever since Russian troops crossed the border, and even before, we have stood shoulder to shoulder with our Ukrainian friends. Indeed, relative to the size of our Army, we have gifted more military equipment to Ukraine than any other NATO partner, including the United States. As well as training Ukrainians in the UK since 2014, following the first Russian invasion, we have provided them with everything from NLAWs through to Challenger main battle tanks and almost all of our AS-90 heavy howitzers. We have also provided Ukraine with Brimstone and Storm Shadow missiles and a very considerable amount of ammunition, everything from small arms to 155 mm rounds, as well as helping to procure other ammunition on their behalf from around the globe. When offered a way out of Kyiv immediately after the second Russian invasion in February 2022, President Zelensky defiantly retorted: “I need ammunition, not a ride.” We in Britain have subsequently provided quite a bit of it. Even more recently, we provided very high-tech systems such as advanced drones and the DragonFire anti-drone laser, which we initially procured and which the Ukrainians are putting into service. No one can doubt the commitment of Britain in support of Ukraine, and we are pleased to see this bipartisan approach continues under this Government, but we should not lose sight of the fact that at the end of the day Ukraine is a sovereign nation and only Ukrainian people can subsequently determine their own future. I have five specific questions for the Minister on his statement. First, as he is aware, we have been training Ukrainian troops in Britain since 2014, initially under Op Orbital and now Op Interflex. The key element of this was training troops to operate NLAWs in sophisticated anti-tank ambushes, a capability vividly demonstrated in video footage shortly after Russian forces crossed the border. Without this critical training, it is no exaggeration to say the Russians might well be having lunch in Kyiv today. With that in mind, what further training does the Minister foresee for Ukrainian troops, what additional support will we provide, and will any of this training now be delivered in-country? Secondly, how much of the £186 million from the international fund for Ukraine, which we co-ordinate, is from the UK and how much is from our allies? What, in other words, is the UK proportion? Thirdly, as the statement specifically referred to the supply of respirators, can the Minister confirm intelligence reports that the Russians have now even resorted to limited use of blister agent-type chemical weapons in Ukraine? Is that true? Fourthly, we have been unwavering in our military, political and diplomatic support for Ukraine as well as generous in providing equipment and ammunition. However, this raises concerns about replenishing our own war stocks, as highlighted by the Defence Committee, which I served on in the previous Parliament, including, indeed, on that inquiry. Six months ago the Chief of the General Staff announced clear objectives to double the lethality of the British Army by 2027 and treble it by the end of the decade. What steps are being taken to replenish the UK’s war stocks? More specifically, how do the Government plan to achieve the CGS’s ambitious commitment? Finally, the changes the Minister has announced today clearly feed into the ongoing strategic defence review, yet there are emerging media reports that the much-anticipated SDR publication may be delayed until June next year to now coincide with the comprehensive spending review. Ministers now appear to be sticking to a mantra that the SDR will be published in the first half of next year, which is commensurate with that timeline. With the worsening international situation and given that the initial conclusions have apparently already been seen by the Defence Secretary and even the Prime Minister, we cannot afford six months of paralysis by analysis while the Government decide how to respond. So can the Minister end on a positive note and tell the House today when the SDR will be published and assure us it will not be as late as next June? Slava Ukraini.

• 16 Dec 2024 · English Devolution · Hansard source

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  Trying to create multiple unitary authorities in Essex will not work, will not have public support, will take the best part of a Parliament to implement and will not save money—in fact, quite the opposite—and there is a risk that local government will grind to a halt in the meantime. As for mayors, in 23 years of canvassing in my constituency, I have never once had a constituent say to me on the doorstep, “I want a mayor of Essex.” Indeed, looking up the road to London, the last thing on earth that we in Essex want is another Sadiq Khan.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  You think he’s being nice. He’s not really.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  I welcome the Minister’s welcome for the amendment. I hope the Committee is doing the right thing here. We tabled it because the issue cropped up a lot in the public evidence session. By the way, I thought it was extremely useful to be able to have that. When I first came to the House, we did not have such sessions before our consideration of Bills. Perhaps this is teaching an old dog new tricks, but now, having seen that procedure in action, I can understand why it was introduced. Trust and independence cropped up so often on Tuesday, so we thought it was important to table the amendment to get some of that on the record. I am grateful for the assurances that the Minister has given and for the spirit in which he has given them. I know that the hon. Member for Colchester is quite an expert in this subject, so I take the point about the drafting; however, it was a probing amendment from the outset and we thank the Minister for putting those assurances on the record. As he says, if ever the commissioner were challenged on the point of independence, he or she would be able to refer back to this debate in the Committee Hansard . With that, I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn .

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  I understand the hon. Lady’s question, and I do not want to get into an “angels on a pinhead” argument, but that member of staff could be part-time. It could be that on the staff of the commissioner is a qualified KC, but only brought into action when there is a specific legal aspect to be examined—they would not necessarily have to sit in their office five days a week waiting for a case to come in. If there was no work, then they would not necessarily be employed. I accept that perhaps we should have put the words “part or full-time” into the amendment, but the key thing is that the commissioner would have access to a King’s counsel, even on a part-time basis, to deal with complaints that have a specific legal aspect, including aspects of lawfare. We did not mandate in the amendment that it had to be a full-time role.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  It is a pleasure to serve under your chairmanship this morning, Mr Efford. I will make a brief contribution to say that we take it as axiomatic that the Armed Forces Commissioner will be mindful of the principles of the armed forces covenant throughout the performance of his or her duties. There may be an occasion later in the debate when there is some conflict between those principles and what the Government are currently proposing, but we will highlight that when we get to it, to remain in order. In essence, it seems to us entirely logical that the commissioner should be mindful of the principles of the covenant, as they are important. The two key principles, for the record, are that armed forces personnel and their families should suffer no disadvantage relative to the civilian population by virtue of their service and that there should be special consideration for armed forces personnel and their families, especially the wounded and the bereaved, in certain circumstances. Having placed those on the record, I am sure the Minister will not demur; hopefully, we can deal with this amendment fairly promptly.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  At this point, I give way—hopefully it will save the hon. Member for Dunfermline and Dollar the trouble of tabling multiple parliamentary questions.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  I will respond in kind to what the Minister says. As he will recall, his calculation was that even if the KC that we have been debating conceptually were full-time—we can argue about the rate—it might cost about £1.3 million a year. We never stipulated that it would be a full-time post; I think the Committee has explored. The essence of amendment 9 is that the commissioner would have access to high-level legal advice. Even if it were £1.3 million, given that our policy going into the election was to increase defence spending to 2.5% of GDP by 2030, I think we could have found £1.3 million within that number. The Minister is the one with the challenge, because he does not have a date for 2.5%. If he ever gets one, we would all like to hear it. I think we could have afforded the post, even if it had been full-time—and we did not mandate that it had to be.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  For the convenience of the Committee, I will take amendments 9 and 10 in reverse order. Essentially, amendment 10 is intended to ensure that the office of the commissioner is sufficiently well resourced to undertake its role effectively, independently of the Ministry of Defence. The explanatory notes to the Bill intimate that once the office is up and running, it will start off with a budget of approximately £5 million, as the Minister confirmed on Second Reading. The Bill does not mandate a specific number of staff to assist the commissioner; it is not that prescriptive. Given that the role has a wider remit than that of the Service Complaints Ombudsman, it seems likely that more staff will be required to carry out the expanded function—not least because it will now include visits to service establishments, some of which the commissioner could be empowered to conduct on an unannounced basis, subject to certain safeguards, if they thought that the issues that they were examining merited it. The purpose of amendment 10 is to reinforce the idea that the office should be adequately resourced by mandating the financial assistance provided by the Secretary of State, which is effectively the commissioner’s budget, should increase by at least real terms each year, defined using the consumer prices index measure of inflation, which is published by the Office for National Statistics. I hope that amendment 10 is relatively uncontroversial and that the Minister might even be tempted to accept it. We can but try. Amendment 9 would mandate that at least one member of the commissioner’s staff be a King’s counsel.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  I think the amendment speaks for itself. I seem to recall that on Tuesday the Minister laid out a timeframe for the establishment of the commissioner and their office; from memory, I think he said that the intention was to have it up and running in early 2026. Perhaps, in the spirit of the hon. Lady’s amendment, he could say a bit more in his reply about the timing, and particularly about the interview process. I have a particular reason for asking that question, which I will come back to later.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  I beg to move amendment 8, in clause 1, page 2, line 2, at end insert— “(5A) The Commissioner shall operate independently from – (a) the Ministry of Defence; (b) the armed forces; and (c) any other government bodies and shall be free from any influence or interference in the exercise of the Commissioner’s functions.” This amendment would require the Commissioner to be independent from the Government and the armed forces and from any interference in the carrying out of their duties . Amendment 8 has been tabled to facilitate a debate on how truly independent the proposed Armed Forces Commissioner will be from the Ministry of Defence. The Committee may recall that this topic cropped up a number of times during our public evidence sessions on Tuesday. A number of Committee members asked witnesses about the extent to which the new Armed Forces Commissioner, as envisaged in the Bill, would be at arm’s length from the Department and therefore able to exercise truly independent judgment. The two generals, as opposed to the three tenors—Lieutenant General Sir Nick Pope, the chair of Cobseo, the Confederation of Service Charities, and Lieutenant General Sir Andrew Gregory, the controller of SSAFA, the Armed Forces Charity; I had the privilege of serving with both at the Ministry of Defence—both commented on this point. General Gregory in particular stressed that whoever takes up the commissioner’s job would have to work hard to earn the trust of members of the wider armed forces community. He suggested that one good way of doing that would be to get out and about—make visits to garrisons, naval bases and air fields to meet service personnel and their families and to hear their concerns face to face. There is an old infantry saying: “Time spent in reconnaissance is rarely wasted.” This would perhaps be another good example of that principle in action. One reason for the concern is that the Armed Forces Commissioner and their office, including their staff, will be funded by the Ministry of Defence rather than by Parliament. I am mindful of the old saying: “He who pays the piper calls the tune.” To draw an analogy, members of the House of Commons Defence Committee, who are elected by this House to hold the Department to account, are paid for by the Independent Parliamentary Standards Authority on behalf of the taxpayer and not directly by the Government. I would also draw an analogy with what has happened to the Office for Veterans’ Affairs. Under the previous Government, the OVA was deliberately set up as an entity outside of the Ministry of Defence, having its home in the Cabinet Office and with a very proactive Minister in the Cabinet in Johnny Mercer. He was able to not only hold the Ministry of Defence to account in Government but liaise with other Government Departments that had an important influence on veterans’ affairs. As an example, the Department of Health and Social Care is obviously very important to veterans. Once they leave the armed forces they are no longer reliant on the Defence Medical Services for their medical needs, and they transition to the NHS. The decision by the incoming Government to take that office and roll it back into the Ministry of Defence has led to some criticism, including from the veterans community themselves. If I am lucky enough to catch your eye, Mr Efford, I might return to that in more detail under new clause 2. For now, I remind the Committee that on multiple occasions on Tuesday the word “trust” was used, both by witnesses and members of the Committee questioning them. I ask the Minister what he can do this morning to reassure the Committee that the Armed Forces Commissioner, who, we understand from Tuesday’s session, is not likely to be up and running until early 2026, is going to be able to win the trust of service personnel and their families. Will the commissioner truly be in a position to act independently on their behalf and in their best interests? I hope the Minister can understand the context in which these questions are being asked. I eagerly look forward to what he has to say.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  The Minister mentions Ajax. I did not, but as he did, we will read that into the record. There were times when the Defence Committee would have dearly loved that power. Had we had it, certain programmes might have suffered a different fate. In parallel, there is another important difference between the American Committee system and ours.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  The Committee will be pleased to know that I think we can deal with this fairly briefly. The amendment was tabled prior to the public evidence session on Tuesday, when I sought some clarity on something the Minister said on Second Reading regarding the extent to which the Armed Forces Commissioner will be prepared to take up individual complaints on behalf of service personnel or their families who have already exhausted the MOD’s complaints process. The Service Complaints Ombudsman currently has the ability to do this at their discretion. Speaking to the amendment gives me the opportunity to commend the current Service Complaints Ombudsman, Mariette Hughes, for the very good job that she and her staff have accomplished in virtually clearing the considerable backlog of complaints that were sitting in her in-tray. She told us on Tuesday that they now have only— from memory—30 individual cases left, all of which are live and actively being looked into. Given the history, as the Minister will know—I see he is nodding— this is a remarkable achievement, which drew praise from the Committee at the time that should be briefly repeated here. If I may slightly cheekily say so—I promise I have not spoken to Mariette about this—when asked on Tuesday she indicated that she might be minded to apply for the post when it is advertised. I would chance my arm as far as to say that, based on her track record to date as Service Complaints Ombudsman, at the very least I think she should deserve an interview. It strikes me that she would be a strong candidate for the new role, although that will ultimately be a matter for the interview panel and, as we have discussed, for the Defence Committee, at least in part. When we questioned the Minister on whether the Armed Forces Commissioner would have the power to continue to deal with individual complaints that had exhausted the MOD’s own complaints process, in addition to conducting the wider thematic investigations envisaged in the Bill, he confirmed that indeed they would. That is reassuring, but I would like to give the Minister the opportunity, should he wish, to add anything more about how he sees the process of dealing with individual complaints working in practice under the Bill.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  I beg to move amendment 11, in 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.” This amendment would clarify that the Commissioner will investigate individual service complaints, as the Service Complaints Ombudsman did, as well as investigating general issues and publishing thematic reports.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  If you were one of the service personnel who was put through hell by Phil Shiner, that would be a welfare matter for you and your family. I could read into the record stories of stress, worry and angst that armed forces personnel have had to go through, sometimes for years, at the hands of Phil Shiner and his law firm, so let us not be over-semantic about it, Minister. For many personnel and their families, this was agonising. It jolly well is a matter of service welfare, because of the effect that it had on many people, many of whom subsequently left the armed forces, effectively in disgust. It really is a matter of welfare, and that is why we tabled the amendment.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  The Minister has summarised the clause very well. We understand the intent of the Bill. We said on Second Reading that we would be a critical friend to it, and hopefully that will play out today. Nevertheless, we support the principle of what the Government are doing, so there is no need to divide the Committee on clause 1. Question put and agreed to. Clause 1 accordingly ordered to stand part of the Bill. Schedule 1 Armed Forces Commissioner

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  I did assure the Committee that we would deal with this briefly. There has been a purpose to this brief debate, not least in placing on the record our praise and admiration for the current Service Complaints Ombudsman. That may or may not be a factor in any future interview. With that hopefully achieved, I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 2 ordered to stand part of the Bill. Clause 3 Procedure for making service complaints Question proposed , That the clause stand part of the Bill.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  That is correct, and under the Tories in the mid-1990s it was well over 3%. The problem is that a lot happened in the 14 years, including a war in Ukraine. That is why we probably need to spend 2.5% as quickly as possible. Even if the Minister’s calculation is correct, by the time a senior NCO in the British Army gets to the rank of WO2, the King—or the Queen, before him—will probably have spent the best part of £1 million on training them. If they then leave, perhaps because they have had a very bad experience at the hands of the likes of Mr Shiner, that is £1 million of investment that has just walked out the door. To be fair, the Minister understands the pressure. According to some figures that I received in answer to a recent parliamentary question, the strength of the British Regular Army is 71,300. This was in October. The establishment strength—the book strength, or what it is meant to be on paper—is 73,000. It was 72,500, but then there was an add-back of another 500, partly for the two Rangers Battalions. The British Regular Army is now nearly 2,000 soldiers short of what it should be, even on paper. Unfortunately, the trend is that more people are leaving than joining. I am not highlighting that point in order to say that the whole lawfare issue is the only reason that people are leaving the British armed forces. That is not my argument, but it is one reason, and it is likely to get worse unless the Government do something about it. That includes doing something about the so-called Northern Ireland legacy Act. I hope I have made the point sufficiently this morning; I am grateful for the way in which the Minister has acknowledged it and dealt with it. As I think the point has been made, I will not press amendment 9 or 10. I beg to ask leave to withdraw the amendment. Amendment , by leave, withdrawn. Question proposed, That the schedule be the First schedule to the Bill.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  I have one question. We understand the reason for the clause and, as the Minister has made plain, the Bill amends the Armed Forces Act 2006, so the amendment is to that legislation. We understand why the Government have changed “officer” to “person”; will the Minister give an assurance that such persons could include the immediate family of a member of the armed forces? I ask because sometimes members of the armed forces are reluctant to complain, but their family feel very strongly that they should. Without wishing to start any rows within a household, will the Minister put it on the record that if the circumstances merited it, a civilian who is a member of the immediate family of a service person could go to the Armed Forces Commissioner if they were very worried about their loved one’s welfare? If he could give that assurance on the record, we need not detain the Committee much longer.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  I declare an interest: I served on the Defence Committee for about seven years. Over the years, there has been a debate about the extent to which the Defence Committee and other Select Committees should have power over appointments in the relevant Department. If I can draw a quick analogy, the United States Congress has a slightly different constitutional settlement from ours, but its Committees tend to be much more powerful than ours. They and their Appropriations Committee counterparts have what the Americans call line-item power, so they can increase or decrease the spending on a particular defence programme. Would that for one moment the Defence Committee had had that power. I see the Minister grinning quizzically at that.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  They are not directly comparable, but as I was coming on to say, the American Committees have a much stronger power over appointments. To illustrate my point, some debates in the American media are about whether the new Defence pick that Donald Trump is advocating may or may not come under some challenge during congressional appointment hearings. That issue only arises because the Committee has a stronger power. Here, there is an increasing trend that a Committee is allowed to interview people and express an opinion, but ultimately it cannot say no. We all agree that the commissioner will be a very important appointment, for all the reasons that the Minister has outlined. Getting it right is really quite important. In extremis, if the Select Committee were to decide, for some good reason, that a particular candidate were not suitable for the role, would the Minister support the idea of its being allowed to veto the appointment? If not, how does the Minister envisage the Defence Committee playing a part in the appointment of this very important person?

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  If it is about Ajax, gladly.

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  Much of the covenant is already enshrined in legislation, as the Minister probably knows; that was done under the previous Conservative Government. Since he mentioned it, will he explain to the Committee which elements of the covenant he believes are not already enshrined in law and therefore would have to be covered in the next Armed Forces Bill?

• 12 Dec 2024 · Armed Forces Commissioner Bill (Third sitting) · Hansard source

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  I beg to move amendment 9, in 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.” This amendment would require the Commissioner’s staff to include a KC to provide legal advice to the Commissioner on legal issues arising in the course of their work.