Previous Section Back to Table of Contents Lords Hansard Home Page


Earl Howe moved Amendments Nos. 230 and 231:


Page 57, line 2, leave out ("fails") and insert ("as mentioned in section (Failure to attend for duty or training)(2) fails, without leave lawfully granted,").
Page 57, line 4, leave out ("the man's") and insert ("his").

On Question, amendments agreed to.

Clause 103, as amended, agreed to.

Clause 104 [Trial of offences]:

Earl Howe moved Amendment No. 232:


Page 57, line 8, leave out from ("which") to end and insert ("is by virtue of this Part triable").

On Question, amendment agreed to.

Earl Howe moved Amendment No. 233:


Page 57, line 11, leave out ("his commanding officer") and insert ("an officer having power to deal with the case)").

The noble Earl said: This is another small, technical amendment. It takes account of the fact that various classes of case may under service law be disposed of summarily by officers who are not the commanding officer. For minor offences, an officer subordinate to the commanding officer may conduct the proceedings. In some other cases, a superior officer is involved. I beg to move.

Lord Mottistone: A subordinate officer when I was in the navy did not just mean an officer who was subordinate. My noble friend may care to examine the matter to see whether the right word is being used.

Earl Howe: I may have used the wrong expression in connection with the navy. If so, I apologise to my noble friend. However, I believe that the sense of the amendment is clear. It refers to "an officer having power to deal with the case". I was merely trying to clarify what that meant and, if I did so in incorrect naval terms I apologise to the Committee.

On Question, amendment agreed to.

Clause 104, as amended, agreed to.

Clause 105 [Jurisdiction of courts]:

Earl Howe moved Amendment No. 234:


Page 57, leave out lines 25 to 34 and insert ("imposed under this Part by a court-martial shall be paid to such authority as may be prescribed.").

23 Jan 1996 : Column CWH37

The noble Earl said: This amendment replaces the long and rather outdated wording of Clause 105(3) with something shorter having the same practical effect. I beg to move.

On Question, amendment agreed to.

Clause 105, as amended, agreed to.

Clause 106 [Trial of offences by civil court]:

Earl Howe moved Amendment No. 235:


Page 57, line 42, leave out from ("under") to ("committed") in line 43 and insert ("service law (other than an offence of desertion or absence without leave)").

The noble Earl said: With leave of the Committee I shall speak to this amendment on its own. It is a small technical change to avoid any overlap between Clause 106 and Clause 99 as amended. I beg to move.

On Question, amendment agreed to.

Clause 106, as amended, agreed to.

Clause 107 [Offences triable by court-martial or civil court]:

Earl Howe moved Amendment No. 236:


Page 58, line 3, after ("court-martial") insert ("(or by an officer having power to deal summarily with the case)").

The noble Earl said: I shall also speak to Amendment No. 237. Amendment No. 236 is a minor drafting amendment, as is the other. It draws the effect of subsection (2) into subsection (1) and clarifies the implications at the same time. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 237 and 238:


Page 58, line 4, leave out subsection (2).
Page 58, line 6, at end insert--
("( ) It is immaterial, for the purposes of any provision of this Part making an offence triable by court-martial, whether the person concerned is otherwise subject to service law.").

On Question, amendments agreed to.

Clause 107, as amended, agreed to.

Clause 108 [Time for institution of proceedings]:

Earl Howe moved Amendment No. 239:


Page 58, line 11, leave out ("punishable under this Part") and insert ("under this Act or under service law").

The noble Earl said: This is a minor technical change which allows for two points. First, there are offences not just in Part X but also, for example, in Part VIII, to which Clause 108 should apply. Secondly, it makes explicit the previous implication that Clause 108 applies to offences under service law. I beg to move.

On Question, amendment agreed to.

Clause 108, as amended, agreed to.

Clause 109 [Evidence]:

Earl Howe moved Amendment No. 240:


Page 58, line 26, leave out ("Part") and insert ("Act").

The noble Earl said: This amendment extends the proposition about evidence in Clause 109(3) to documents covered by all of the Bill instead of just Part X of the Bill. I beg to move.

23 Jan 1996 : Column CWH38

On Question, amendment agreed to.

Clause 109, as amended, agreed to.

Clauses 110 to 112 agreed to.

Clause 113 [General duties of associations]:

Earl Howe moved Amendment No. 241:


Page 59, line 31, leave out ("military") and insert ("land").

The noble Earl said: This is a minor drafting amendment. The associations provide no real support to the Royal Navy and Royal Marines, hence the need to refer to land and air forces. Some support is provided to the reserve naval and marine forces and paragraph (b) provides for this. I beg to move.

On Question, amendment agreed to.

Clause 113, as amended, agreed to.

Clause 114 [Powers and duties assignable to associations]:

Earl Howe moved Amendment No. 242:


Page 60, line 22, after ("or") insert ("on duty or when").

The noble Earl said: Clause 114(2) describes the powers and duties which may be transferred to the TAVRAs and goes on to list these. This amendment revises the ambit of paragraph (a) which provides for the organisation of units of the Territorial Army and Royal Auxiliary Air Force. The amendment revises paragraph (a) so that it provides that the associations shall not be responsible for the organisation of units when on duty as well as when training or in permanent service, which is already provided under paragraph (a). I beg to move.

On Question, amendment agreed to.

Clause 114, as amended, agreed to.

Clauses 115 to 117 agreed to.

Clause 118 [Regulations as to associations]:

[Amendments No. 243 and 244 not moved.]

Clause 118 agreed to.

Clause 119 agreed to.

Clauses 120, 121 and 122 agreed to.

Clause 123 [Safeguard of employment for members of reserve forces]:

[Amendment No. 245 not moved.]

Clause 123 agreed to.

Clauses 124 and 125 agreed to.

Clause 126 [Absence for voting]:

[Amendment No. 246 not moved.]

Clause 126 agreed to.

Clause 127 agreed to.

Clause 128 [Interpretation]:

Earl Howe moved Amendments Nos. 247 and 248:


Page 65, line 16, after (""man"") insert ("(except in Part VII)").
Page 65, line 18, after ("means") insert ("(except in Part VII)").

The noble Earl said: I have already spoken to Amendments Nos. 247 and 248. I beg to move.

On Question, amendments agreed to.

Earl Howe moved Amendment No. 249:

23 Jan 1996 : Column CWH39


Page 65, line 22, at end insert ("(but does not include the Royal Marines)").

The noble Earl said: This minor amendment corrects the definition of "regular army". The Army Act deals with the regular forces, which are the regular army and the Royal Marines. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 250:


Page 65, line 30, at end insert--
(""special member" means a member of a reserve force who is, by virtue of Part V, a special member of that force;").

The noble Earl said: Amendment No. 250 adds a definition of a term used in the Bill. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 251:


Page 65, line 30, at end insert--
(""term of compulsory service" has the meaning given by section 14(5);").

The noble Earl said: I spoke to this with Amendment No. 32. I beg to move.

On Question, amendment agreed to.

Clause 128, as amended, agreed to.

Clause 129 agreed to.

On Question, Whether Clause 130 shall stand part of the Bill?

Earl Howe: The Committee will recall the remarks which accompanied my coverage of Clause 21 and will realise that this Clause is now unnecessary.

Clause 130 negatived.

Clauses 131 to 133 agreed to.

Schedule 1[Enlistment]:

Earl Howe moved Amendment No. 252:


Next Section Back to Table of Contents Lords Hansard Home Page