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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.

24 Jan 1996 : Column 6

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]:

Earl Howe moved Amendment No. 32:


Page 6, line 9, leave out subsection (1) and insert--
("(1) A man serving in an ex-regular reserve force on transfer from the regular services may, with the consent of an authorised officer, enlist in another reserve force.
(1A) A man enlisted in a reserve force (including a man enlisted by virtue of subsection (1)) may, with the consent of an authorised officer, enlist in another reserve force.
(1B) On enlisting in a reserve force by virtue of this section the man concerned shall cease to be a member of the reserve force in which he was previously serving.").

The noble Earl said: The amendment expresses the existing provisions of Clause 14 in a clearer style. In speaking to it, I would also like to speak to Amendments Nos. 33, 34, 35 and 251. The clarity extends to a new definition of "term of compulsory service". I beg to move.

24 Jan 1996 : Column 7

On Question, amendment agreed to.

Earl Howe moved Amendments 33, 34 and 35:


Page 6, line 12, leave out subsection (2) and insert--
("(2) A man originally serving in an ex-regular reserve force on transfer from the regular services who--
(a) ceases to be a member of a reserve force in which he enlisted by virtue of this section without enlisting or re-enlisting in another reserve force; and
(b) does so before the date on which his term of compulsory service in the ex-regular reserve force to which he was transferred would have expired if he had not ceased to be a member of it on enlisting in another reserve force,
shall, unless an authorised officer otherwise directs, again be a man of the ex-regular reserve force to which he was transferred from the regular services.").
Page 6, line 24, leave out from first ("of") to end of line 25 and insert--
("(a) one or more named individuals; or
(b) persons of any description specified in the direction.").
Page 6, line 28, at end insert--
("(5) In this Act "term of compulsory service" means the term for which a person is required to serve in an ex-regular reserve force in pursuance of a requirement imposed by or under the Army Act 1955, the Air Force Act 1955 or the Armed Forces Act 1966.").

On Question, amendments agreed to.

Clause 14, as amended, agreed to.

Clause 15 [General powers to discharge men of the reserve forces]:


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