Armed Forces Bill

My Lords, government Amendments 38 and 39 in my name are needed to make improvements to the Bill. Amendment 38 makes a simple but important modernising change. It will allow formal call-out and recall notices for reservists to be sent electronically, in addition to the existing postal route, ensuring that our legislation reflects the way people communicate today. The existing postal system will remain available where needed. When time matters most, electronic communication can provide faster delivery, greater assurance that notices have been received, and a more responsive process for communicating with reservists. This is not simply an administrative improvement. The strategic defence review emphasised the importance of national resilience, preparedness and the role of our strategic reserves. If we are to strengthen readiness across defence, we must also ensure that the systems underpinning mobilisation are agile and fit for purpose. In a crisis or national emergency, speed of communication can be critical. This amendment helps ensure that we can reach reservists more effectively, supporting a force that is ready to respond when the nation requires it. It is a practical and proportionate measure that forms part of our wider effort to update our reserves legislation. It retains existing safeguards, modernises an outdated process and demonstrates the Government’s commitment to building a more resilient, prepared and responsive Reserve Force for the future. Finally, Amendment 39 is needed to make a drafting correction. I beg to move.

My Lords, briefly, this is a very sensible amendment and I support it. In the world in which we now live, and with the way in which we communicate with one another, are there people in our Armed Forces already thinking ahead to different, more urgent ways of being in contact; for example, via WhatsApp? Email may not be the only way we can use modern technology to achieve the ends set out in Amendment 38.

My Lords, I agree with the noble Viscount, Lord Stansgate, that these government amendments are limited and make perfect sense. Sending notices by email makes sense. I would be concerned about formal communications being sent necessarily by forms of social media, but, equally, it would be sensible for His Majesty’s Government to keep open the opportunities of using whatever modes of communication are relevant at the time.

My Lords, I do not have too much to say on this group of two government amendments, so I will keep it brief. I understand entirely why the Government wish to allow call-out notices to be sent by email. The Minister has given us an excellent explanation of their rationale, and we on these Benches concur. There are, however, two points which I would be grateful if the Minister could clarify. The drafting of the amendment says: “A notice under this section may also be served”. This could be taken to mean “instead of” or “as well as”. My point is that it must mean “as well as”. I would not be comfortable with call-out notices being sent out only by email. What if the email ends up in a junk or spam folder, the recipient misses the email, or perhaps they do not even check their email—there are probably some here who do not do that? If the call-out notice is sent only by email, there exists a relatively high possibility that it might be missed. This could of course have some quite serious ramifications. I hope the Minister can confirm that call-out notices will continue to be sent by post as well as by email. If that is the case, I have no issue. The second point relates to the first. New subsection (6A) specifies which email will be used to send a call-out notice, that being “the last known email address used by that person as a means of communicating with them, or … an email address by means of which there are reasonable grounds to believe that an email sent to that address will come to the attention of the person”. What precisely does “used” mean in this context? Does it mean an address which the individual has provided to the MoD? Does it mean an address to which the MoD has previously sent communications? Does the department need evidence that the person has received or responded to communications at that address, and who makes a judgment that an email address is the last known one? Further, what are those reasonable grounds? Does this imply trying to send the email to a friend or relative, and if so, how will the third party be chosen? If this policy is to have the desired effect, information collection and recordkeeping must be paramount. I understand that the Reserve Forces (Provision of Information by Persons Liable to be Recalled) Regulations 1997 expressly state that there is a legal obligation for those who are subject to recall to keep the MoD up to date with their residential or postal address. This seems essential. Those regulations do not currently require those liable to recall to keep the MoD updated about any changes to their email address. Obviously, that is because the legislation does not yet enable email addresses to be used for callout. Can the Minister confirm that, with this change to the process, the Government will update the 1997 regulations and any other relevant policies?

My Lords, I thank the noble Earl, Lord Minto, the noble Baroness, Lady Smith, and the noble Viscount, Lord Stansgate, for their questions about this simple change. Of course, as with everything as we go through this Bill, I will look into all the various points that have been made. My understanding with respect to email is that the amendment provides legal certainty by establishing that notices are deemed to have been delivered, mirroring—which is the wording—the existing approach used for the postal service. Many of the questions which the noble Earl has quite rightly asked about email and what happens in these circumstances are exactly the same sort of questions that can be asked about the postal service. There are established procedures and practices in place to deal with that. It is an important point. It mirrors the existing approach used for the postal service; it simply gives an alternative and modern way of doing it. I say to the noble Viscount, Lord Stansgate, that it is the sort of legal certainty that we are looking for, again mirroring the postal service, which would not be available with some of the other methods and channels of communication that might be used. To go back to what the noble Earl, Lord Minto, said, we need to communicate through a reliable and auditable channel so that we can follow it through and make sure that it has been delivered to whom it is intended for. Again, with respect to letters sent through the postal service, are we certain that this is the address for the person who we think lives there? Are we certain that they have got it? There is a trail by which we can follow that through. That is exactly the same process as will be followed with email. It provides us with the opportunity to modernise the current process and improve the speed and effectiveness of delivery. It provides us with a measured and proportionate approach. It introduces a well-established form of electronic communication while retaining the existing postal option where necessary—I make that point to the noble Earl. As technology and communication methods continue to evolve, future Armed Forces Bills will provide opportunities to consider whether further changes are appropriate. For now, as far as the Government are concerned, email strikes the right balance between modernisation, legal clarity and ensuring that reservists can be reached quickly in support of defence readiness, mobilisation and national resilience. I again thank noble Lords for their contributions.

Can I just confirm that we are talking about something in addition to, rather than instead of?

It is whichever is the most appropriate to use. Amendment 38 agreed. Schedule 5: Call out and recall for service: transitional classes Amendment 39

My Lords, I rise to oppose the question that Clause 38 and Schedule 6 stand part of the Bill. These provisions would abolish the 13 reserve forces and cadets associations and the Council of Reserve Forces and Cadets Associations and replace them with a single, new, national, non-departmental public body. I recognise that the Sullivan review identified genuine weaknesses in the governance of the RFCAs, but the vast majority of those recommendations have already been rectified by the previous Government. What is proposed here is not a solution. Rather, I would suggest, it is more likely than not to exacerbate the remaining problems. Furthermore, I am aware that this proposition has been in the works in the Ministry of Defence for quite some time. My noble friend Lady Goldie was made aware of these plans surfacing in 2020, during her tenure in the department, and she was always sceptical of the idea. She was particularly concerned about the voluntary ethos of the associations being usurped by the bureaucracy of a quango. Interestingly, the proposal did not feature in the Armed Forces Bill 2021, so there was nothing to object to at that time.

My Lords, I strongly support the purpose of opposing Clause 38 standing part. The PAC’s 43rd report of 2024-25 heavily criticised the MoD for inadequacies in its financial oversight of the RFCAs. The report said: “The Department’s arrangements for monitoring and reporting on the RFCAs’ financial performance are inadequate” and they “fall below the standard we expect”. I have studied this report. It is quite a shocker. The PAC even said that there was uncertainty over who was responsible when problems arise. I could go on, but I will spare officials their blushes. I hope they are preparing the progress reports that the PAC demanded, covering these shortfalls and failings. The PAC specifically acknowledged that the Reserve Forces and cadets are increasingly important to UK defence, as is stressed in the SDR. But to take these shortcomings as specific reasons for changes, not just to financial control but to the management, structure and leadership of the RFCAs, is simply an overreaction. The drafters of this aspect of the Bill seem to ignore history or have little feeling for the long tradition of the Armed Forces’ loyalty and direct connection with the Crown—a tradition that goes back centuries, as mentioned, to Henry VIII and beyond. Such history is binding for the Armed Forces. It should never, even inadvertently, be disparaged or discarded. Let us recall what Dr Sullivan’s review recommended. He sought to retain the regional volunteer networks, employer engagement and community links that make RFCAs so valuable, while strengthening the strategic direction, financial resilience and oversight. His broader message was to ensure that RFCAs remain a modern, effective and trusted partner for defence, while expanding their contribution to reserves, cadets, employers, veterans and the volunteer estate. What, then, are their particular strengths? I will me pick briefly on two. First, the RFCAs’ unique voluntary nature, apart from their nil personnel cost, is the essence of the regional and collective support that they bring to the reserves and cadets. Their local, intimate knowledge of employers and of the attractions and enthusiasms of their locality are such a foundational success of the cadet concept that inspires young of different ages, sexes and backgrounds to join up and get involved. Their national coverage is a key defence requirement. All this should be valued and sustained, not badly revamped or even discarded. There does not appear to be strong evidence of widespread problems in recruiting RFCA volunteers—particularly cadet force adult volunteers, where some regions have reported growth. The direct relationship between lords-lieutenant, personally chosen and appointed by the sovereign, and the cadets in their counties symbolises the expectation of the reserves’ and cadets’ loyalty to their monarch, who is their commander-in-chief. Why discard this without even consulting the lords-lieutenant or His Majesty the King? I subscribe to that old-fashioned notion: “If it ain’t broke, why fix it?” Are the identified MoD failures in financial supervision to be laid entirely at the feet of the RFCA structures? The National Audit Office, in commenting on the financial weaknesses, suggested that arrangements other than a full-blown NDPB would be acceptable. The MoD’s own internal record, following consideration of Dr Sullivan’s report, seemed to indicate that the NDPB approach had been overtaken by the SDR and the key efforts to enhance the reserves’ and cadets’ contribution to overall defence needs. I strongly recommend that the Minister takes this back to his department, checks that the present financial oversight has been improved following the PAC criticisms and gives credit where credit is due to the volunteer strengths of the present structures, as well as to the importance of the symbolic relationship with the lord-lieutenant and the reserves’ and cadets’ loyalty to the Crown. The Bill is mistaken to degrade or throw away such key elements of a long-established volunteer structure. To throw it away in hasty pursuit of progress, modernisation, accountability and transparency—or any other overworked nostrum of management speak—is pure madness. Of course, the MoD should heed the PAC’s criticism of its lack of proper financial management and ensure that the MoD’s accounting officer has regained the financial oversight expected by the PAC, but the MoD’s financial failings are no reason to discard the tried-and-tested experience that makes the reserves and cadets, with their supporting volunteer associations, of increasing value to both defence and society at large.

My Lords, it is an honour to follow the noble and gallant Lord. I rise to support my noble friends and speak in opposition to Clause 38 standing part of the Bill. I am always keen to champion improvements in governance. In the case of the Reserve Forces and cadets’ associations, there is a perfectly reasonable case, as highlighted by the National Audit Office, for bringing greater consistency, accountability and financial assurance to these organisations. My concern is that, in achieving that objective, Clause 38 risks losing something that is particularly valuable in Scotland: the strong regional relationship between defence and the communities it serves. Scotland currently has two RFCAs: highland and lowland. As my noble friend Lord Minto said in his opening speech, they are not simply administrative offices of the Ministry of Defence; they are embedded in the communities in which they operate. They work with reservists, cadets, employers, schools, local authorities and civic organisations. The Lowland RFCA alone maintains more than 130 reserve and cadet centres across Scotland, and supports engagement with employers and communities across a very large, diverse geographical area. This local knowledge and connection was highlighted by Dr Sullivan’s report. He identified—the noble and gallant Lord, Lord Craig, referred to this—the “wide breadth of expertise and community links” as key strengths of the RFCAs. The Government’s proposal would replace these existing 13 regional associations with a single, UK-wide statutory body. Regional councils will be created, but they will be subordinate to the national body. Many of the important questions about their membership, functions and geographical responsibilities will be left to regulations of the new board. So my concern is not simply structural; it is about accountability and voice.

My Lords, let me start by saying that I agree with everything that has been said so far. I have put my name to some amendments in subsequent groupings that seek to ameliorate some of the worst aspects of Schedule 6, where I think the Government have got it badly wrong. I will seek to develop those arguments further when we come to those amendments. Let me pose a question to the Minister. My understanding, like that of the noble Earl, Lord Minto, is that this move is largely driven by a desire to centralise much stronger financial control. If such central financial control is necessary for financial efficiency and propriety, how on earth will the Government carry out their agenda of decentralisation more widely across the country? Since this is a Government who seek to promote devolution, decentralisation and much greater local control, how on earth can this particular part of the Armed Forces Bill be consonant with that policy? They simply cannot have it both ways. I wonder whether the Minister, when he responds, could address that point.

My Lords, it is a pleasure and honour to follow the several noble Lords, including two noble and gallant Lords, who have already spoken; of course, they have tremendous expertise. I also thank the noble Baroness, Lady Fraser, because she made a point that is very important for the more general argument and not just about Scotland: the reserves are not a reserved matter. That says something about how it all operates and how local it is. I have the honour, as a Sussex man, of being a member of the Sussex Club. We have an absolute rule that we have no speeches ever but, at our annual dinners twice a year, as well as the loyal toast, of course, we have two other toasts. One says, “Prosperity to the county of Sussex”. The other is to the forces of the Crown. The link between those two toasts says it all. This is partly why we do not have speeches. This is what we are talking about here: this is why it matters, and why it is rooted. We must remember that the origins of all our armies, unlike the origins of the Royal Navy, are not as standing armies but as regiments raised. That is how the loyalty of the people has always been bound in. It is quite a serious historical, emotional and cultural matter. However, we should not rest our argument only on that point, central though it is. It could be argued that for some reason, these arrangements are out of date. We would then need to think about whether they would be more efficiently done if they are centralised. The noble Earl, Lord Minto, said that centralised non-departmental bodies are a majorly difficult feature of modern British government. It is all to do with the problem of answerability. What comes into rhetoric a great deal in modern government is that we need “an independent body” to do something or other. That sounds lovely, because we all want independence, but what does that independence mean? It means a person with a bureaucratic background being appointed by bureaucrats. There is almost no answerability to the public more widely, or even to Parliament. Therefore, I would be suspicious of that. Following on from what the noble and gallant Lord, Lord Stirrup, said, this is relevant now because the Government have inherited this measure from their officials, but it is not consonant with their own policies. The so-called “Manchesterism” from the Prime Minister is, in a way, a modern and more urban version of the thing we all are praising in relation to the reserves in the counties. It is the idea that local loyalty matters, that local people understand these questions better and that power should be devolved. This measure is going in absolutely the wrong direction. This matters particularly because this Government are trying to shift all of that. Also, we must not forget the wider picture. We live in a dramatically more dangerous world than we have done for a very long time. The loyalty we are talking about needs to be constantly cultivated. People need to understand why their service matters. This will make it harder for them to understand, at a time when we want them to volunteer.

I am glad that the noble Lord, Lord Moore, thinks there is some intellectual coherence in the Government’s approach to regionalisation, given that in the last 24 hours, they have abandoned large swathes of it, including in my part of the world. However, I understand and take on board what he says. I do not want to make a political point—having just made a political point. I strongly agree with the noble Lord in suspecting that this has the hands of officials all over it. Knowing the Minister as I do, I am not wholly convinced that this has his support. Of course, he will have to support it, as a government proposal, but I think he will get the arguments against it as well as anyone else would. I am always nervous about any form of military reorganisation when it comes to recruitment. I bow to more distinguished military figures in this Chamber than I was, and it is very dangerous to speak about military experience, given how long ago, in my case, it was. However, I have witnessed over the years—and in the other place was a critic of—the move to change how we recruit our Armed Forces, not least through the use of Capita, which I always thought had disaster written all over it, in capitals. Indeed, that was a view shared at one point by the Public Accounts Committee and the National Audit Office. I am pleased that the Government are transitioning to the Armed Forces recruitment programme, which will come into force next year. We can only hope and pray that it will do us better service than did the Capita project. But, of course, what we lost during all that was the whole issue of recruiting regiments from their localities, which has been enormously important over the years, not least because it engenders comradeship among those who join together from different parts of the world when they serve abroad. We have seen that throughout history. I agree that to try to centralise everything goes against the Government’s idea of localism. I can quite understand some officials sitting in the MoD on a quiet Friday afternoon thinking, “We must bring all this together. We cannot have all these independent organisations. It is much easier to have one”. But I think it would be a great mistake. In an article in today’s Telegraph, the Parliamentary Under-Secretary of State for the Armed Forces, Louise Sandher-Jones, talked about the mobilisation of some of the 95,000 retired people who have served in the Armed Forces for an exercise next year. I know they have raised the age at which veterans can be mobilised from 55 to 65—unfortunately, that excludes me by a year or two, although I hope I might have some use somewhere along the line if they are going to do that—but my point is that, if we are talking about a mass mobilisation, it goes back to the debate we had on an earlier clause about how to contact people. We are talking about contacting people who have not been in contact for decades. They live all over the country. What better way of connecting with those people and fostering some sense of purpose and community than by doing it through the existing structure? The whole way that we do our military, to use rather bad English, is going through a transition, with much more concentration on our Reserve Forces and mobilising them in the case of an emergency. I therefore urge extreme caution to the Government, and to stop tinkering with this at the present time. Of course, the RFCAs are not above criticism—I understand a lot of improvements have already been made—but it is senseless, and the timing is wrong, to follow what the Government are proposing to place in their wake.

I begin by apologising to my noble friend the Minister, for whom I have the highest regard. I fear that what I am about to say may not be the most welcome contribution to this debate. I do not know half as much about this as the many noble and gallant Lords and other Members in the Chamber, but I do want to say this. Last week, I went to an RAF base for an event—I declare an interest because my son-in-law is the station commander—and I was very struck by the extent to which it celebrated the local connection between the base and the community. There were representatives of local organisations and schools and others there, in addition to the lord-lieutenant, with whom I had a friendly word, and I got a sense of what lies behind the debate we are having today. All I would say to my noble friend is that it is possible that we might lose something valuable by proceeding with this clause. But I am very grateful and interested to hear what he says in reply to this debate. I have an open mind, but I think that some valid points have been made.

My Lords, I am chairman of the current Council of the Reserve Forces’ and Cadets’ Associations, and I am extremely grateful to my noble friends for tabling these clause stand part notices. Since the Haldane reforms of the early-20th century, most recently renewed in the Reserve Forces Act 1996, to which my noble friend Lord Minto referred, many of the functions supporting the reserves and cadets have until now been provided by autonomous regional organisations known as the Reserve Forces’ and Cadets’ Associations. Thirteen in number, with a wide membership across the UK, they are made up of former reservists, regulars and cadets—employers, politicians and representatives of universities and local government—all of whom wish actively to support the reserves and cadets from the communities in the regions.