Armed Forces Bill

I accept that the hon. Gentleman has strong views about who the commissioner should be. The independence of the post is crucial, and it is important that we put that on record. I am happy to listen to any comments that he has to make, but the important thing is to get the best person for the job. My hon. Friend the Member for North Durham (Mr. Jones) asked, in relation to function 2, whether the commissioner could recommend further steps to be taken, where that is necessary and practical. The recommendation in the Blake report relates to how a complaint is investigated. It is not the intended function of the commissioner to intervene in the handling of an individual complaint, or to say how it should be investigated. The commissioner will look at how complaints are handled generally, and to include his findings in the annual report. My hon. Friend the Member for North Durham also asked, in relation to function 3, whether the commissioner could institute legal proceedings and set aside legally flawed decisions. The commissioner’s function relates to the redress of an individual grievance. The Bill rightly gives him no function in the area of prosecutions. As the Government said in reply to the Blake report, the question of whether to prosecute for a serious offence must be for the independent director of service prosecutions. If the commissioner considers that the possibility of prosecution was not being sufficiently considered, there is nothing to prevent him from making his views known to the Secretary of State. However, the decision on prosecutions must be for the Director of Service Prosecutions. It being three hours after commencement of proceedings, Mr. Speaker put forthwith the Question already proposed from the Chair, pursuant to Order [12 December 2005 and this day]. Lords amendment agreed to. Remaining Lords amendments agreed to [one with Special Entry].