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Earl Howe moved Amendment No. 13:


Page 3, line 5, after ("into") insert ("corps,").

The noble Earl said: This amendment inserts "corps" into the list of military bodies into which the reserve land forces may be divided. It was omitted from the original Bill in error. I beg to move.

On Question, amendment agreed to.

Clause 5, as amended, agreed to.

Clause 6 agreed to.

Clause 7 [Pay, bounty and allowances of the reserve forces]:

Earl Howe moved Amendment No.14:


Page 3, line 19, leave out ("officers and men") and insert ("members").

The noble Earl said: Where provisions apply to both officers and men of the reserve force, the general practice throughout the Bill is to refer simply to members of a reserved force, unless there is a specific reason for referring to them separately. In this case there is no such reason and, in the interests of consistency, this amendment is considered desirable. I beg to move.

On Question, amendment agreed to.

Clause 7, as amended, agreed to.

Clause 8 [Pensions]:

[Amendment No. 15 not moved.]

Clause 8, agreed to.

Clause 9 [Enlistment of men in the reserve forces]:

[Amendment No. 16 not moved.]

Earl Howe moved Amendment No. 17:


Page 4, line 10, at end insert ("or in accordance with").

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The noble Earl said: I spoke to this amendment with Amendment No. 12. I beg to move.

On Question, amendment agreed to.

Clause 9, as amended, agreed to.

Clause 10 [Enlistment of foreign nationals and residents]:

Earl Howe moved Amendment No. 18:


Leave out Clause 10 and insert the following new Clause--

Enlistment of foreign nationals and residents

(" .--(1) Orders or regulations under section 4 may provide for the enlistment in any reserve force of persons who are not British citizens or who reside outside the United Kingdom.
(2) A person who is not a British citizen or who resides outside the United Kingdom may not be enlisted in a reserve force unless his enlistment is permitted by provision made for the purposes of subsection (1).").

The noble Earl said: This amendment restructures Clause 10 without significantly changing its effect. I beg to move.

On Question, amendment agreed to.

Clause 10, as amended, agreed to.

[Amendment No. 19 not moved.]

Clause 11 [Re-engagement for service]:

[Amendment No. 20 not moved.]

Earl Howe moved Amendment No. 21:


Page 4, line 27, leave out ("person") and insert ("man").

The noble Earl said: In moving this amendment I shall speak also to Amendments Nos. 23 and 24, all of which address minor drafting points. The central issue in these amendments is that only men can enlist or re-engage, and the amendments make the drafting more precise. I beg to move.

Lord Mottistone: Does this mean that women cannot re-engage?

Earl Howe: My noble friend will wish to look at Clause 2(4) of the Bill where the word "man" is defined in terms of either sex.

On Question, amendment agreed to.

Clause 11, as amended, agreed to.

3.45 p.m.

Clause 12 [Orders and regulations as to enlistment etc.]:

Earl Howe moved Amendment No. 22:


Page 4, line 34, leave out from ("provision") to end of line 35 and insert ("with respect to the enlistment and re-engagement of men in, and the discharge of men from,").

The noble Earl said: In moving this amendment I should like to speak also to Amendments Nos. 25, 26, 27 and 28. I believe they are straightforward. Amendment No. 22 is a minor drafting amendment which clarifies the intention in Clause 12 that orders or regulations may make provision concerning discharge.

Amendment No. 25 omits Clause 12(3) which seems on reflection to be unnecessary. The right to specify conditions is already implicit within orders or regulation

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and does not need to be explicitly expressed in this clause. Amendment No. 26 redrafts Clause 12(4) without changing the intended effect.

Amendments Nos. 27 and 28 revise Clause 13(5) to include men of any of the reserve forces. This permits subsection (5) to be included among similar provisions relating to orders and regulations under Clause 12. Amendment No. 28 changes the order of clauses under Part II by moving Clause 12 to be after Clause 18. As the part appears, there is no clear progression of events from enlistment through to discharge and this minor change permits these events to be grouped together at the beginning of the part with clauses relating to orders and regulation in a group at the end. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 23:


Page 4, line 41, leave out ("person") and insert ("man").

The noble Earl said: I spoke to this amendment with Amendment No. 21. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 24:


Page 5, line 1, leave out ("person") and insert ("man").

The noble Earl said: Again, I spoke to this amendment with Amendment No. 21. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 25 to 27:


Page 5, line 5, leave out subsection (3).
Page 5, line 8, leave out subsection (4) and insert--
("(4) No order or regulations under section 4 may make provision such as is mentioned in subsection (1) which has the effect, in relation to any person who was a man of a reserve force immediately before the coming into force of the order or regulations concerned--
(a) of imposing a new or greater obligation on him without his consent, or
(b) of varying or revoking, without his consent, a right to which he is entitled, not being a right exercisable only with the consent of another person or an authority.").
Page 5, line 16, at end insert--
("(5) The term for which, or any limited area within which, a man of a reserve force is liable to serve may not, without his consent, be affected or extended by or in accordance with orders or regulations under section 4.").

On Question, amendments agreed to.

On Question, Whether Clause 12, as amended, shall stand part of the Bill?

Lord Craig of Radley: May I just ask a question? In Clause 12(2)(a), line 38, there is again a "person" who has not been changed to "man".

Earl Howe: Will the noble and gallant Lord kindly repeat the reference?

Lord Craig of Radley: Line 38, page 4. I am not sure if my question was answered.

Earl Howe: I was not able to give an answer to the noble and gallant Lord at the time. I do not believe I can do so now. It may be that I shall have to go away and look at the point between now and the time we next convene.

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Clause 12, as amended, agreed to.

Earl Howe moved Amendment No. 28:


After Clause 12, transpose Clause 12 to after Clause 18.

On Question, amendment agreed to.

Clause 13 [Service in the reserve land and air forces on enlistment]:

[Amendments Nos. 29 and 30 not moved.]

Earl Howe moved Amendment No. 31:


Leave out Clause 13 and insert the following new clause--

Service in the reserve land and air forces on enlistment

(" .--(1) Orders and regulations under section 4 may make provision as to the corps, units or bodies into which persons enlisting in a reserve land or air force may be enlisted.
(2) Subject to any restriction of choice imposed by or in accordance with orders or regulations under section 4--
(a) a man of the Territorial Army shall be enlisted for service in such corps and posted to such unit as he may select;
(b) a man of the Royal Auxiliary Air Force shall be enlisted for service in such unit as he may select; and
(c) a man enlisted in the Army Reserve or the Air Force Reserve shall be enlisted for service in such military body or air-force body (as the case may be) as he may select.
(3) A man of the Territorial Army may not (after his enlistment) be transferred to another corps, or posted or attached to any unit, without his consent.
(4) A man of the Royal Auxiliary Air Force may not (after his enlistment) be posted or attached to any unit without his consent.
(5) A man of the Army Reserve or Air Force Reserve may not (after his enlistment in or transfer to that force) be appointed, posted, transferred or attached to any military body or air-force body without his consent.
(6) Subsections (3), (4) and (5) do not apply to a man of a reserve force while he is in permanent service.").

The noble Earl said: The amendment meets concerns expressed to me by certain noble Lords on the Opposition Benches that the pensions' clause was misleading because possible restrictions on the choice of unit were not given prominence. This redraft rectifies that and improves the drafting of the rest of the clause without significant changes.

On Question, amendment agreed to.

Clause 13, as amended, agreed to.

Clause 14 [Transfer of men between reserve forces]:


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