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Earl Howe moved Amendments Nos. 109 to 112:


Page 25, line 16, leave out ("authorised").
Page 25, line 17, leave out ("authorised").
Page 25, line 24, leave out ("authorised").
Page 25, line 25, leave out ("authorised").

23 Jan 1996 : Column CWH20

The noble Earl said: I spoke to these amendments with Amendment No.70. I beg to move.

On Question, amendments agreed to.

Clause 49, as amended, agreed to.

Clause 50 [Parliamentary control of numbers and reports]:

[Amendment No. 113 not moved.]

Clause 50 agreed to.

Earl Howe moved Amendment No. 114:


After Clause 50, insert the following new clause--

Application of Part V to Crown servants, employees of sub-contractors and self-employed persons

(".--(1) This Part shall have effect in relation to any Crown servant as if he were employed under a contract of service with such person as may be specified in directions made by the Secretary of State as his employer for the purposes of this Part.
(2) In this Part--
(a) references to arrangements between an employer and the Secretary of State include references to arrangements between another person and the Secretary of State in pursuance of which the employer supplies, or is to supply, goods or services to or for the benefit of the armed forces; and
(b) references to an employer who has made arrangements with the Secretary of State include references to an employer who supplies, or is to supply, goods or services to or for the benefit of the armed forces in pursuance of arrangements made by another person and the Secretary of State.
(3) This Part shall have effect in relation to any person who is self-employed as if--
(a) references to an employee were references to a self-employed person;
(b) references to arrangements between an employer and the Secretary of State were references to arrangements--
(i) between the self-employed person and the Secretary of State; or
(ii) between another person and the Secretary of State in pursuance of which the self-employed person concerned supplies, or is to supply, goods or services to or for the benefit of the armed forces;
(c) any requirement for the written consent of an employer were omitted;
(d) section 42(1)(b) were omitted.").

On Question, amendment agreed to.

Clause 51 [Interpretation of Part V]:

Earl Howe moved Amendments Nos. 115 and 116:


Page 26, leave out lines 7 to 9.
Page 26, line 10, leave out subsection (2).

On Question, amendments agreed to.

Clause 51, as amended, agreed to.

Clause 52 [Liability of members of reserve forces under call-out orders]:

Earl Howe moved Amendment No. 117:


Page 26, line 31, leave out ("section 53").

The noble Earl said: I have already spoken to this Amendment. I beg to move.

On Question, amendment to.

[Amendments Nos. 118 and 119 not moved.]

23 Jan 1996 : Column CWH21

Clause 52, as amended, agreed to.

Clause 53 [Liability of existing members of reserve and regular forces]:

[Amendment No. 120 not moved.]

On Question, Whether Clause 53 shall stand part of the Bill?

Earl Howe: Your Lordships will recall that my remarks in relation to Clause 21 render this clause unnecessary.

Clause 53 negatived.

Clause 54 [Geographical extent of liability to service on call out]:

Earl Howe moved Amendment No. 121:


Page 27, line 35, leave out subsection (3) and insert--
("(3) The terms of service of a person who makes an election under subsection (2) are modified to the extent required by the election.").

The noble Earl said: The existing subsection (3) of this clause is less than clear. It has therefore been redrafted. That does not have any substantive effect on the working of the Bill. Subsection (2) allows a reservist who has a liability only to serve in the United Kingdom or an area of the United Kingdom to elect to serve worldwide. The amended subsection (3) makes it clear that if the reservist chooses an election varying his terms of service in this way, they are modified to the extent that the election requires. I beg to move.

On Question, amendment agreed to.

4.45 p.m.

Clause 54, as amended, agreed.

Clause 55 [Call out for national danger, great emergency or attack on the UK]:

Earl Howe moved Amendment No. 122:


Page 28, line 14, leave out ("If an order") and insert ("Where an order under subsection (5)").

The noble Earl said: In speaking to this amendment, I would also like to speak to Amendments Nos. 123, 130, 131, 136, 137, 152 and 153. These amendments are tabled in the interests of clarity. They do not have any substantive effect on the Bill. The structure of the Bill means that, for consistency, the same changes must be made to four pairs of clauses.

In each of those clauses there is in the Bill, as drafted, a reference in Clauses 55(6), 57(6) and 71(8) to an order revoking a call-out order, or an order revoking a recall order in the case of 71(8). In each of Clauses 55(6)(a), 57(6)(a), and 71(8)(a), there is a reference to a revocation order. These terms are not defined in the Bill. The amendments simply make it clear that, in each case, the order referred to in each subsection is an order made under Clauses 55(5), 57(5), 59(5) and 71(7) respectively. These clauses deal with call out and recall and it is important that their provisions are clear and unambiguous. I therefore commend them to the Committee.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 123:

23 Jan 1996 : Column CWH22


Page 28, line 18, leave out ("revocation order") and insert ("order under subsection (5)").

On Question, amendment agreed to.

On Question, Whether Clause 55, as amended, shall stand part of the Bill?

Earl Bathurst: I wish to refer to the point about call-out at home for emergency service and to ask why it is that under this provision it is Her Majesty the Queen who will make the call-out, whereas elsewhere it is the Secretary of State who does this most tiresome and difficult thing for the reserve forces. Here I see that it is Her Majesty who is referred to. I do not, of course, expect an answer now.

Earl Howe: I believe I can be of help to the noble Earl. The provision to which he refers or for which he is looking is actually contained in Clause 59 of the Bill, which is the provision for the reserve forces to be used in disaster relief and events of that kind. The difference between the two methods of call-out simply reflects the difference in gravity between the two types of event, and Her Majesty's consent is required for the more serious type of event.

[Amendment No. 124 not moved.]

Clause 55, as amended, agreed to.

Clause 56 [Maximum duration of service on call out under section 55]:

[Amendment No. 125 not moved.]

Clause 56 agreed to.

Clause 57 [Call out for warlike operations]:

Earl Howe moved Amendment No. 126:


Page 30, line 6, leave out from ("to") to ("order") in line 7 and insert ("paragraph (a) or to any").

The noble Earl said: In moving this amendment I should like to speak also to Amendments Nos. 127, 128 and 129. These are minor drafting points which clarify the expression of Clause 57 without changing its effect in the least. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 127 to 131:


Page 30, line 14, leave out from ("(2)(a)") to end of line.
Page 30, line 16, leave out ("that subsection") and insert ("subsection (3)").
Page 30, line 17, leave out ("so specified") and insert ("specified in the call-out order").
Page 30, line 21, leave out ("If an order") and insert ("Where an order under subsection (5)").
Page 30, line 25, leave out ("revocation order") and insert ("order under subsection (5)").

The noble Earl said: I beg to move the amendments en bloc.

On Question, amendments agreed to.

Clause 57, as amended, agreed to.

Clause 58 agreed to.

Clause 59 [Call out for certain operations]:

Earl Howe moved Amendment No. 132:

23 Jan 1996 : Column CWH23


Page 32, line 6, leave out from ("to") to ("order") in line 7 and insert ("paragraph (a) or to any").

The noble Earl said: In moving this amendment, I should like to speak also to Amendments Nos. 133, 134 and 135. Again, these are minor drafting amendments. They improve the clarity of Clause 59 without changing its meaning. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 133 to 137:


Page 32, line 14, leave out from ("(2)(a)") to end of line.
Page 32, line 16, leave out ("that subsection") and insert ("subsection (3)").
Page 32, line 17, leave out ("so specified") and insert ("specified in the call-out order").
Page 32, line 21, leave out ("If an order") and insert ("Where an order under subsection (5)").
Page 32, line 25, leave out ("revocation order") and insert ("order under subsection (5)").

The noble Earl said: I have already spoken to these amendments. I beg to move.

On Question, amendments agreed to.

Clause 59, as amended, agreed to.

Clause 60 [Maximum duration of service on call out under section 59]:

[Amendment No. 138 not moved.]

Clause 60 agreed to.

Clause 61 [Call-out notices]:


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