I shall naturally take advice from those are expert in this field. If anything that I have said is wrong or requires expansion I will of course write to the noble Lord. I agree that this is a subject of theoretical interest. I am glad to hear that there is no proposal to take the questions to their logical conclusion, but I recognise the importance of the questions that the noble Lord poses and will be happy to clarify, perhaps at greater length in writing, what the legal position amounts to.
The noble Baroness, Lady Jolly, also referred to the Bill of Rights, but focused her remarks on the system of complaints and asked whether the changes that are being introduced are on track. They are. As she knows, the Ministry of Defence worked closely with Dr Susan Atkins, the first Service Complaints Commissioner, to make the service complaints process more efficient and to strengthen the commissioner role. That was the basis of the Armed Forces (Service Complaints and Financial Assistance) Bill that received Royal Assent on 26 March this year. As she is aware, the Act shortens the complaints process and replaces the commissioner with a new Service Complaints Ombudsman. Implementation is expected in January. The ombudsman will have significant new powers, while maintaining the right balance between the authority of the military chain of command, which must be responsible for looking after its own people, and strong independent oversight through the ombudsman.
Nicola Williams, the former ombudsman in the Cayman Islands, with whom I had a useful conversation the other day, took over as the commissioner in January and will become the first ombudsman, subject to approval by Her Majesty the Queen. Nicola Williams’s first annual report on the fairness, effectiveness and efficiency of the service complaints process was published on 24 March. The Government’s response was published on 16 July 2015.
The noble Baroness, Lady Jolly, asked me whether the Explanatory Memorandum reflects the content of Mr Morrison’s letter. I will have to get back to her on the answer to that.
As for the timetable for the Armed Forces Bill, I anticipate that it will be introduced into Parliament shortly. I cannot comment on its content before that happens, but my understanding is that the Bill should be under way in October.