Defence

Part of the debate – in the House of Commons at 2:53 pm on 2 July 2025.

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Photo of Luke Pollard Luke Pollard The Parliamentary Under-Secretary of State for Defence 2:53, 2 July 2025

I beg to move,

That the draft Armed Forces Act 2006 (Continuation) Order 2025, which was laid before this House on 9 June, be approved.

The draft order will address the constitutional requirement, under the Bill of Rights 1688, that a standing Army, and by extension the Royal Navy and the Royal Air Force, must receive the consent of Parliament. The draft order provides that consent by continuing into force for another year the Armed Forces Act 2006, the legislation that governs the armed forces. This debate usually takes place in a Delegated legislation Committee, before returning to the Floor of the House for approval. Given the significance to the country of both the armed forces and the democratic oversight that Parliament provides, it is fitting that the debate is today being afforded time on the Floor of the House. That enables all Members who wish to contribute to do so, for as the strategic defence review has shown, we must put our people at the heart of defence—I know that on all sides of the House there is strong support for our people.

Parliament is required to renew the Armed Forces Act every five years through primary legislation—the next armed forces Bill is required to have obtained Royal Assent by December 2026—and in the intervening years it is to approve an annual Order in Council, such as the one before us today. The Act provides nearly all the provisions for the existence of a service justice system. It provides for the service offences and for the investigation of alleged offences, the arrest, holding in custody and charging of armed forces personnel accused of committing an offence wherever in the world they are serving.

On that last point, I draw the House’s attention to the explanatory memorandum to the order, which states:

“The extent of this instrument is the United Kingdom, the Isle of Man, the Channel Islands, and the British overseas territories except Gibraltar.”

There is a distinct difference between the extent of UK legislation and how the jurisdiction of service law is applied. The extent of any legislation is a statement about in which separate legal jurisdictions the legislation forms part of the law. Not extending to Gibraltar simply means that the 2006 Act does not form part of Gibraltarian law. That is because Gibraltar has made an agreement with the United Kingdom that it will pass forward amendments to the Act in its own legislation. Conversely, service law applies to members of the armed forces wherever they are in the world, so effectively there is unlimited geographical jurisdiction with regard to our service personnel and, in some circumstances, civilians subject to service discipline, including those based in, or serving in, Gibraltar.

The 2006 Act provides the legal basis for offices such as the Judge Advocate General and the Director of Service Prosecutions, as well as the court martial, the summary appeal court and the service civilian court. It also sets out the processes for the accused to be dealt with by their commanding officer, or to be tried at court martial. Finally, the Act also contains provisions that cover non-service justice matters, such as service complaints and the armed forces covenant. As such, the next armed forces Bill will likely contain a mixture of both service justice measures and non-service justice measures. I look forward to working with Members across the House when it is introduced in due course.

In addition, we have committed to tackling the unacceptable behaviours that have plagued defence in the past, rooting out toxic behaviours that we see evidence of in our armed forces. There is no place for abuse in the UK armed forces.

Today’s debate comes against a backdrop of this Government delivering for defence, for our service personnel and for veterans, by putting people at the heart of our defence plans and renewing the nation’s contract with those who serve, combined with a whole-of-society approach to our national resilience. That is why, last year, we delivered the biggest pay rise for our armed forces in 20 years. We followed that up with another above-inflation rise recently. That is why we have secured a major housing deal to buy back over 36,000 military homes, improving houses for armed forces families and saving taxpayers billions. We are investing £7 billion to improve military accommodation over the course of this Parliament.

That is why we have set new targets to tackle the recruitment and retention crisis we inherited from the previous Government, the results of which are clear already: inflow up 19%, outflow down 7%, and the army experiencing a seven-year high in application volumes. We are delivering for defence. That is why we will be appointing an Armed Forces Commissioner to improve service life, and are making it easier for veterans to access care and support for our £50 million VALOUR network.

After all, the Government recognise that the world has changed. We are in a new era of threat, which demands a new era for UK defence. The strategic defence review, published last month, will make Britain safer, secure at home and strong abroad, and sets a path for the next decade and beyond to transform defence and end the hollowing out of our armed forces that we have seen over the past 14 years. Decisive action has already been taken. We have: stepped up and speeded up support for Ukraine; signed the landmark Trinity House agreement with Germany; started work at pace on a new defence industrial strategy, ensuring defence is an engine for growth; and implemented the deepest Ministry of Defence reform programme in decades. All of that has been underpinned by an increase in defence spending of nearly £5 billion this year, and a commitment to reach 2.5% in April 2027, 3% in the next Parliament and 3.5% in 2035—the largest sustained increase in defence spending since the end of the cold war.

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Delegated Legislation

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Thousands of pieces of delegated legislation, commonly known as statutory instruments, are passed by Parliament each year.

They enable the government to make minor, technical changes to the law without having to introduce a whole new Act of Parliament.