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Index of Amendments

     

Amendment Paper as at
Monday 2nd April 2001

COMMITTEE OF THE WHOLE HOUSE


ARMED FORCES BILL (AS AMENDED IN THE SELECT COMMITTEE)

NOTE

The Amendments have been arranged in accordance with the Programme Motion to be moved by Margaret Beckett.

   

Mr Iain Duncan Smith
Mr Robert Key
Mr Quentin Davies

1

Page     31,     line     8,     leave out Clause 31.

   

Mr Ian Duncan Smith
Mr Robert Key
Mr Quentin Davies

2

Clause     31,     page     32,     line     11,     after 'operation', insert 'except in matters relating to a serious crime or police raid;'.

   

Mr Ian Duncan Smith
Mr Robert Key
Mr Quentin Davies

4

Clause     31,     page     32,     line     13,     after 'privileges', insert ', and be subject to the code of conduct and disciplinary procedures,'.

   

Mr Ian Duncan Smith
Mr Robert Key
Mr Quentin Davies

3

Clause     31,     page     32,     line     20,     after 'operation', insert 'except in matters relating to a serious crime or police raid;'.

   

Mr Ian Duncan Smith
Mr Robert Key
Mr Quentin Davies

5

Clause     31,     page     32,     line     22,     after first 'privileges', insert ', and be subject to the code of conduct and disciplinary procedures,'.

   

Mr Ian Duncan Smith
Mr Robert Key
Mr Quentin Davies

6

Clause     31,     page     32,     line     45,     at end insert—

    '(3E) The Secretary of State shall be liable in respect of torts committed by a member of a police force engaged on relevant service within section 2, subsection (2), paragraph (d) to subsection 3B(b) inclusive; in the performance or purported performance of his functions, in like manner as a master is liable in respect of torts committed by his servants in the course of their employment and shall in respect of any such tort be treated for all purposes as a joint tortfeasor.'.


   

Mr Secretary Hoon

8

Schedule     5,     page     67,     line     27,     at end insert—

'Functions of inspectors of constabulary
    4A. After section 4A of that Act there is inserted—

"Functions of inspectors of constabulary.4B.—(1) The inspectors of constabulary shall inspect, and report to the Secretary of State on, the efficiency and effectiveness of, the Ministry of Defence Police.

    (2) The inspectors of constabulary shall carry out such other duties for the purposes of furthering the efficiency and effectiveness of the Ministry of Defence Police as the Secretary of State may from time to time direct.

    (3) Before carrying out any inspection by virtue of subsection (1) above in Scotland, the inspectors of constabulary shall consult the Scottish inspectors with respect to the scope and conduct of the proposed inspection.

    (4) In this section—

    'the inspectors of constabulary' means Her Majesty's Inspectors of Constabulary appointed under section 54 of the Police Act 1996;

    'the Scottish inspectors' means the inspectors of constabulary appointed under section 33 of the Police (Scotland) Act 1967.

Publication of reports.4C.—(1) Subject to subsection (2) below, the Secretary of State shall arrange for any report received by him under section 4B(1) above to be published in such manner as appears to him to be appropriate.

    (2) The Secretary of State may exclude from publication under subsection (1) above any part of a report if, in his opinion, the publication of that part—

    (a) would be against the interests of national security, or

    (b) might jeopardise the safety of any person.

    (3) The Secretary of State shall send a copy of the published report to the chief constable of the Ministry of Defence Police, and shall invite the chief constable to submit comments on the published report to the Secretary of State before such date as the Secretary of State may specify.

    (4) The Secretary of State shall arrange for—

    (a) any comments submitted by the chief constable in accordance with subsection (3) above, and

    (b) any response that the Secretary of State may prepare to the published report or to any comments submitted by the chief constable,

    to be published in such manner as he considers appropriate."'

   

Mr Ian Duncan Smith
Mr Robert Key
Mr Quentin Davies

7

Clause     37,     page     38,     line     37,     at end add—

    '(5) Protocols between the Ministry of Defence Police, Home Office Police Forces in England, Wales and Northern Ireland and Police Forces Scotland, shall be laid before Parliament.'.


NEW CLAUSES
Inspections

   

Mr Ian Duncan Smith
Mr Robert Key
Mr Quentin Davies

NC1

To move the following Clause:—

    'After Section 1 of the Ministry of Defence Police Act 1987 (the Ministry of Defence Police) there is inserted—

"Inspections

    1A.—(1) The inspectors of constabulary shall inspect, and report to the Secretary of State, on the efficiency and effectiveness of the Ministry of Defence Police.

    (2) The inspectors of constabulary shall carry out such other duties for the purpose of furthering the efficiency and effectiveness of the Ministry of Defence Police as the Secretary of State may from time to time direct.

    (3) The chief inspector of constabulary shall in each year submit to the Secretary of State a report in such form as the Secretary of State may direct, and the Secretary of State shall lay a copy of that report before Parliament.

    (4) Subject to subsection (5), the Secretary of State shall arrange for any report received by him under subsection (2) to be published in such manner as appears to him to be appropriate.

    (5) The Secretary of State may exclude from publication under subsection (4) any part of a report if, in his opinion, the publication of that part—

    (a) would be against the interests of national security, or

    (b) might jeopardise the safety of any person.

    (6) The Ministry of Defence Police Committee shall invite the chief constable to submit comments on the published report to the Committee before such date as it may specify.

    (7) The Committee shall prepare comments on the published report and shall arrange for—

    (a) its comments,

    (b) any comments submitted by the chief constable in accordance with subsection (6), and

    (c) any response which the Committee has to the comments submitted by the chief constable,

    to be published in such manner as appears to the Secretary of State to be appropriate.".'.


Review of system of courts martial

   

Mr Harry Cohen

NC2

To move the following Clause:—

    '(1) Within six months of the coming into force of this Act, the Secretary of State shall establish a committee of inquiry to make recommendations about the operation of the system of courts martial.

    (2) The Secretary of State shall establish such terms of reference for the committee as he thinks fit; but those terms of reference shall include in particular the application of civil law, standards and procedure and the implications of the Human Rights Act 1998.'.


    ARMED FORCES BILL (PROGRAMME) (No. 2)
    Margaret Beckett
Mr Secretary Hoon

    That the following provisions shall apply to the Armed Forces Bill for the purpose of supplementing the order of 9th January:

Completion of remaining stages
    1. Proceedings in Committee of the whole House and on Consideration and Third Reading shall be completed at today's sitting.

Committee of the whole House
    2. The Bill, as amended in the Select Committee, shall be considered in Committee of the Whole House in the following order, namely, Clauses 1 to 17; Schedule 1; Clauses 18 and 19; Schedule 2; Clauses 20 to 22; Schedule 3; Clauses 23 to 29; Schedule 4; Clauses 30 to 32; Schedule 5; Clauses 33 and 34; Schedule 6; Clauses 35 and 36; Schedule 7; Clauses 37 to 40; Schedule 8; Clause 41; new Clauses; new Schedules.

    3. Proceedings in Committee of the whole House shall (so far as not previously concluded) be brought to a conclusion at half past Nine o'clock.

Consideration and Third Reading
    4. Any proceedings on Consideration, and proceedings on Third Reading, shall (so far as not previously concluded) be brought to a conclusion at half past Ten o'clock.

Programming Committees
    5. Sessional Order B (Programming Committees) made by the House on 7th November 2000 shall not apply to proceedings in Committee of the Whole House or on Consideration and Third Reading.

Consideration of Lords Amendments and further messages from the Lords
    6. Paragraphs (6) and (7) of Sessional Order A (varying and supplementing programme motions) made by the House on 7th November 2000 shall not apply to proceedings on any motion to vary or supplement this order for the purpose of allocating time to proceedings on consideration of any Lords amendments, or on any further messages from the Lords, and the question on any such motion shall be put forthwith.


 
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