Legislative Scrutiny: Armed Forces Bill - Joint Committee on Human Rights Contents



(7) ARMED FORCES COVENANT REPORT

1.47 The Bill requires that the Secretary of State prepare and lay before Parliament an annual report, the "armed forces covenant report", about the effects of membership (or former membership) of the armed forces on service people in the fields of healthcare, education and housing, and such other fields as the Secretary of State may determine.[41] The armed forces covenant report is intended to respond to the ways in which service in the armed forces may directly or indirectly affect the ability of service people and their families to benefit from provision in relation to health, education and housing in the UK.[42]

1.48 Rights to health, education and housing are human rights recognised by the international human rights treaties to which the UK is a party, such as the International Covenant on Economic, Social and Cultural Rights and the European Social Charter. It is well documented that former members of the armed forces have difficulty availing themselves of these rights.[43] They are disproportionately represented, for example, amongst the homeless population.

1.49 Our predecessors, in both the 2001-05 and 2005-10 Parliaments, were consistently of the view that "in a parliamentary democracy it is the democratic branches of the state (the Government and Parliament) which should have primary responsibility for economic and social policy, in which the courts lack expertise and have limited institutional competence or authority."[44] Requirements on Ministers to report to Parliament on the progress made towards securing access for vulnerable groups to social and economic rights such as housing, health and education are human rights enhancing measures: they facilitate parliamentary scrutiny and so increase the Government's political accountability for implementing the rights which the UK has recognised in its international treaty obligations. We welcome the armed forces covenant report as a measure which enhances the Government's accountability to Parliament for the protection of the rights of members of the armed forces.


41   Clause 2 of the Bill, inserting new s. 359A into the Armed Forces Act 2006. Back

42   EN paras 17-19. Back

43   EN para. 17. Back

44   See e.g. Twenty-first Report of Session 2003-04, The International Covenant on Economic, Social and Cultural Rights, HL Paper 183, HC 1188 at para. 64; Twenty-ninth Report of Session 2007-08, A Bill of Rights for the UK?, HL Paper 165-I, HC 150-I at para. 167; Twenty-eighth Report of Session 2008-09, Legislative Scrutiny: Child Poverty Bill, HL Paper 183, HC 1114 at para. 1.26. Back


 
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Prepared 17 May 2011