Order, Order.

We turn now to a Stage 3 Vote on SB223, in the name of the Scottish Conservatives. The question is that this Parliament approves the Armed Forces Covenant (Scotland) Bill.

Members are reminded to vote For/Against/Abstain. Attempts to stylise a vote may result in it not being counted. Where there is mix-up with an alternative voting style, this shall also be accepted.

Armed Forces Covenant (Scotland) Bill 2023

An act of the Scottish Parliament to codify the Armed Forces Covenant as a legal framework, and for connected purposes.

Section 1: Definitions

1. The “Armed Forces Covenant” is the implicit and explicit agreement that those who serve, and have served, in the Armed Forces, as well as their families, are entitled to preferential and gratuitous treatment from public services.

2. The Armed Forces are defined as per the Armed Forces Act 2006.

Section 2: General duties of public sector organisations

1. In exercising in relation to Scotland a relevant function, a person or body within the public sector must have due regard to—

a. the unique obligations of, and sacrifices made by, the armed forces,

b. the principle that it is desirable to remove disadvantages arising for service people from membership, or former membership, of the armed forces, and

c. the principle that special provision for service people may be justified by the effects on such people of membership, or former membership, of the armed forces.

Section 3: Duties pertaining to the National Health Service in Scotland

1. Current or past service in the Armed Forces shall have no impact on access to healthcare. This includes (but is not limited to)--

a. All services offered to civilians must be offered to armed forces personnel serving or resident in Scotland.

b. Where a serviceperson has a position in a medical waiting list elsewhere in the UK, their position in the waiting list must be honoured should they move to Scotland.

c. Where an injury, ailment or illness has been deemed to be service related, the serviceperson or service leaver shall be entitled to preferential treatment with regards to waiting lists.

Section 4: Duties pertaining to social housing organisations

1. Armed Forces leavers, upon becoming ineligible for service housing, shall be treated as priority cases for social housing.

a. If the individual has mental or physical ailments as a result of service, they shall be treated as top priority.

1. Social housing organisations must ensure that service leavers, and their families, are housed to a standard better than or equal to their previous service accommodation.

Section 5: Duties pertaining to Schools and other educational institutions

1. Schools should maintain a list of students whose parents or close family members are Armed Forces members.

2. Schools shall have the duty to take all reasonable steps to ensure that an Serviceperson’s service does not have an adverse impact on their childrens’ education.

Section 6: Establishment of the Commission for the Armed Forces Community in Scotland

1. The Scottish Government shall establish a commission, with jurisdiction within Scotland, with the duty to–

a. Provide advice and assistance to public sector organisations on how best to serve the Armed Forces Community.

b. Hold organisations, who do not uphold organisations who are obligated to follow the Armed Forces Covenant, to account and persuade towards compliance.

1. The Commission shall be overseen by the relevant Scottish Cabinet Secretary, who shall have responsibility for appointments to the Commission.

Section 7: Short Title, Commencement, and extent.

1. This bill may be referred to as the Armed Forces Covenant (Scotland) Act 2023.

2. This bill enters into force upon Royal Assent.

3. This bill extends to the entirety of Scotland.

This Bill was written by the Rt Hon. Countess de la Warr (/u/underwater_tara) and is submitted on behalf of the Scottish Conservative and Unionist Party.

Opening Speech

Presiding Officer, Since the Act of Union in 1707, Scots have fought bravely and diligently in our armed forces. Veterans who have served overseas in service of the Crown are owed a debt by the nation as a whole, and this was acknowledged through the rollout of the Armed Forces Covenant. Set up in January 2014, the covenant is a pan-UK initiative to ensure that armed forces personnel, service leavers and veterans are treated fairly and to ensure they receive the same treatment as any other British Citizen. In some cases, due to circumstances surrounding service life, they are entitled to priority treatment.

The armed forces community therefore needs our support, and it is time to put this into meaningful legislation. This bill intends to codify the Armed Forces covenant into Scottish Law and ensure a statutory duty for all public sector organisations to treat armed forces personnel with the respect they have earned by their service.

An additional function of this bill is to establish the Commission for the Armed Forces Community in Scotland, which will be overseen by the relevant cabinet secretary and will have responsibility for ensuring compliance and providing advice to public sector organisations.

Let me be clear, no serviceperson in Scotland should be detrimented as a result of their service. This bill goes some way to ensuring this.

Thank you.

Link to Stage 1 Debate

Link to Stage 3 Debate

Voting on this item of Business ends with the close of Business on May 15th, at 10 pm BST.