Armed Forces Bill

Some important points and reflective contributions have been made. I am happy to put several points on the record in response. I understand the concerns of the hon. Member for Aldershot (Mr. Howarth) about mixed panels in a court martial trying servicemen. I reassure him that we strongly believe—as do all three services—that a court martial should generally be made up of individuals from the defendant’s own service. In response to the hon. Member for Newark (Patrick Mercer), such a panel would not include all ranks—it would include officers and warrant officers, as is the case now. On this issue, I can do no better than repeat what my noble Friend Lord Drayson said in Committee in the other place on 11 October:"““in most cases it is intended that the defendant will appear before a court made up of personnel from his own service. This was the preference of the First Sea Lord and the Chief of the General Staff who in their evidence to the Select Committee said that there should be a presumption for a single service board unless there is a good reason for a mixed board to be appointed—for example, when defendants from different services are tried together.””—[Official Report, House of Lords, 11 October 2006; Vol. 685, c. 351.]" Rules will provide the criteria on which the court administration officer should select a mixed panel. I hope that that reassures the hon. Member for Aldershot and other Members that in most cases, as now, a serviceman tried by court martial will appear before a panel made up entirely of members of his own service. On the issue of the Director of Service Prosecutions, it is essential that we do everything that we can to appoint the best person to that important job. I also recognise the strength of feeling expressed by hon. Members and those in the other place that the person appointed should be someone who has had service experience. The service chiefs considered the matter carefully, and have assured Ministers that they are content with the Bill as it stands. They welcome the consultation that will take place with the principal personnel officers in each of the services about the job specification and terms and conditions for the post, and the involvement of a senior serving officer in the selection process. I think that we are agreed on two things: that the director should have the appropriate service experience, and that the recruitment process should be sufficiently robust to ensure that the person appointed will be an outstanding individual who will enjoy the confidence of the services while being entirely independent from them. By ““service experience”” I mean an understanding of service life and the operations of each of the services, and of the needs and workings of a service system of justice and discipline. It is possible that there will be an outstanding candidate for this important post who has no previous uniformed experience, or whose service may have taken place some years ago. In both cases, it would be particularly important for the candidate to undertake an appropriate induction period before taking up the post. Similarly, were the director to be appointed from one of the services, he or she might need a period in which to develop a deeper understanding of how the other two services operate. We recognise that any induction process needs to be intensive, and of sufficient duration for the individual to develop a thorough understanding of life across the three services. As I have said, it is essential for the director to have a knowledge of how each service operates, and of the needs and workings of the service system of justice and discipline. Lords amendment agreed to. Lords amendments Nos. 28 to 36 agreed to.