Further written evidence from the Ministry
of Defence
EMAIL EXCHANGE BETWEEN THE SERVICE COMPLAINTS
COMMISSIONER FOR THE ARMED FORCES AND MOD OFFICIAL
From: Dr Susan Atkins,
Service Complaints Commissioner for the Armed Forces
Date: 2 February 2011
Humphrey,
Thank you and also for all your time today. Exceptionally
helpful.
You suggested I drop you a line about my concerns
about a potential risk in relation to one provision in the current
Bill, designed to enable SCPs with independent members to be appointed
. My concern is that removing the requirement for at least one
member of an SCP to be an officer of 1* or above, may lead to
SCPs being made up of more junior officers, even where there was
no independent member.
In my experience over the last three years, there
is a link between seniority and wisdom. The risk is that the Services
will take a rank based approach without recognising the need to
have people of the right quality and experience, who can see the
wood for the trees and are able to hold up the Services' hand
when a mistake has been made. I gave you a number of examples
where individuals of Colonel and equivalent—at level 2—were
not able to do so.
Your explanations on a number of points were re-assuring.
I will keep in touch with you if I believe there are other changes
that may be usefully made.
Kind Regards
Dr Susan Atkins
Service Complaints Commissioner for the
Armed Forces
From: Humphrey Morrison,
Head of Legislation, Central Legal Services, Ministry of Defence
Date: 4 February 2011
Susan
Thank you for your email. I am very pleased that
our discussions were a help. On the point mentioned in your email
of 2 February above, however I think that my comments over the
phone suggested to you that there was a risk that Service personnel
appointed to Service Complaint Panels might lack the necessary
seniority. My apologies for doing so, as I do not think there
is a risk of this.
It is indeed the case that the Bill removes the requirement
for a Service Complaint Panel to include a senior officer. As
you mention in your email below, this change is being made so
that it is possible to have panels made up entirely of independent
members. This will be achieved by the repeal of section 336(3)
of AFA2006. But it will remain the case that, if a panel does
have Service Members (or even one Service Member) they must be
senior officers. This is in section 336(1) of AFA06. Of course
the Defence Council, in appointing a senior officer to a panel,
will also need to have regard to appointing persons of the right
experience.
I hope this provides the reassurance you need. I
gather from Darren Beck that you have provided the Select Committee
with a copy of your email. I think it would help the Select Committee
to have an explanation of how the appointment of officers to panels
will work and so, if you have no objection, I propose to send
them a copy of this reply.
Very best wishes
Humphrey Morrison
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