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Earl Howe moved Amendment No. 36:


Page 6, line 32, leave out ("subsection (1)") and insert ("this section").

The noble Earl said: In moving this amendment I shall speak also to Amendments Nos. 37, 38 and 39. Clause 15 defines the provisions which enable the Defence Council to discharge a man from the reserve forces at any time. The clause is necessary to allow men to be discharged for both routine and exceptional reasons. All these amendments are designed to clarify the discharge provisions under Clause 15. They are straightforward and I hope they will not present any difficulty to the Committee. Amendment No. 36 is a minor drafting amendment. Amendment No. 38 is an improvement on the wording of subsection (4) which provides for a suitable route for appeals against discharge. Two amendments, Amendments Nos. 37 and 39 respectively, remove the existing provision given to commanding officers for discharge, and replace it with a separate new clause. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 37 and 38:


Page 6, line 35, leave out subsection (3).
Page 6, line 37, leave out subsection (4) and insert--
("(4) A man discharged by an authorised officer may appeal to the Defence Council, who may give such directions in his case (including a direction annulling the discharge) as they consider appropriate.").

On Question, amendments agreed to.

24 Jan 1996 : Column 8

Clause 15, as amended, agreed to.

Earl Howe moved Amendment No. 39:


After Clause 15, insert the following new clause--

Discharge by commanding officer

(" .--(1) A commanding officer may discharge any man of a reserve force under his command, in such manner and on such grounds as may be prescribed.
(2) A man discharged by his commanding officer may appeal to the Defence Council, who may give such directions in his case (including a direction annulling the discharge) as they consider appropriate.").

On Question, amendment agreed to.

Clause 16 [Entitlement to discharge]:

[Amendment No. 40 not moved.]

Earl Howe moved Amendment No. 41:


Page 7, line 5, leave out ("compulsory term of") and insert ("term of compulsory").

The noble Earl said: In moving this amendment I shall speak also to Amendment No. 43. These are minor drafting amendments. Clause 16 specifies the conditions which entitle any man of any reserve force to be discharged. Amendments Nos. 41 and 43 ensure that the wording of Clause 16 is consistent with Clause 14. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 42:


Page 7, line 6, leave out ("(b)") and insert ("(a)").

The noble Earl said: In moving this amendment I shall speak also to Amendment No. 45. These amendments correct errors in the cross-references in Clause 16 which were caused by a misprint in the labelling of the paragraphs of subsection (2) of that clause.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 43:


Page 7, line 6, leave out from second ("of") to end of line 7 and insert ("his term of compulsory service.").

On Question, amendment agreed to.

[Amendment No. 44 not moved.]

Earl Howe moved Amendment No. 45:


Page 7, line 8, leave out ("(2)(b)") and insert ("(2)(a)").

The noble Earl said: This was spoken to with Amendment No. 42. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 46:


Page 7, line 12, leave out ("only").

The noble Earl said: Amendment No. 46 is a minor drafting amendment relating to the conditions which apply to a man's entitlement to discharge, and in particular the surrender of equipment and other public property. If the word "only" added anything to the sense of subsection (4)(b), it was an unreasonable inference that, say, accidental damage could not be accepted in addition to fair wear and tear. It is better omitted. I beg to move.

24 Jan 1996 : Column 9

On Question, amendment agreed to.

Earl Howe moved Amendment No. 47:


Page 7, line 19, leave out subsection (5).

The noble Earl said: With the leave of the Committee, in moving Amendment No. 47 I shall speak to Amendment No. 50, as together they move a provision on discharge from Clause 16 to Clause 17 where it more logically belongs.

The removal and addition of text means that Clause 17 now provides that a man entitled to discharge under Clause 16 may only be discharged once he is released from permanent or full-time service. Clause 17 had previously applied only to a man who was not in permanent or full-time service. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 48:


Page 7, line 23, after ("man") insert ("of a reserve force").

The noble Earl said: This amendment is another drafting point which provides that the use of the term "man" is qualified as being "of a reserve force". It ensures that the use of "man" in Clause 16(5) is understood.

Clause 16(6) provides that a man who becomes entitled for discharge should be discharged with all convenient speed under the orders and regulations under Clause 4. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 49:


Page 7, line 24, at end insert ("(and shall continue as a man of that force until actually discharged)").

The noble Earl said: In moving this amendment I shall speak also to Amendments 51 and 52. These amendments are designed to tidy up the text. Amendments Nos. 49 and 52 transfer the substance of Clause 18(1) into Clause 16(6), with some saving of words. Amendment No. 51 is a minor drafting point which clarifies the phrase "that order" in Clause 17(3) by specifying it as a call-out order.

Clause 16(6) thus now provides that a man entitled to discharge shall be discharged with all convenient speed, although he will continue to be a member of a reserve force until actually discharged.

Clause 18 provides for the rights of men on being discharged. The removal of the subsection (1) means its scope is slightly narrower, providing that a man serving outside the United Kingdom who is to be discharged is entitled to be returned to the United Kingdom free of charge. It also provides that he would be entitled to free travel, either to the place where he was attested or to his intended place of residence in the United Kingdom. I beg to move.

On Question, amendment agreed to.

Clause 16, as amended, agreed to.

24 Jan 1996 : Column 10

4 p.m.

Clause 17 [Postponement of discharge]:

Earl Howe moved Amendments Nos. 50 and 51:


Page 7, line 25, at beginning insert--
("( ) Where, at the time he would (apart from this section) become entitled to be discharged under section 16, a man is in permanent service or full-time service under a full-time service commitment, he shall not be entitled to be discharged until he is released from that service.").
Page 7, line 39, after ("that") insert ("call-out").

On Question, amendments agreed to.

Clause 17, as amended, agreed to.

Clause 18 [Rights of men on being discharged]:

The Deputy Chairman of Committees: Amendment No. 52 has been spoken to by the noble Earl, Lord Howe. I would remind the noble Lord, Lord Williams, that if it is agreed to, he will be unable to move, as he would not wish to, Amendment No. 53.

Earl Howe moved Amendment No. 52:


Page 7, line 40, leave out subsection (1).

On Question, amendment agreed to.

[Amendment No. 53 not moved.]

Clause 18, as amended, agreed to.

Clause 19 agreed to.

Clause 20 agreed to.

Clause 21 [Obligatory training of members of the reserve forces]:

Earl Howe moved Amendment No. 54:


Page 9, line 14, leave out ("sections 22 and") and insert ("section").

The noble Earl said: This amendment paves the way for the collection together into a schedule of the provisions of the Bill relating to members of the reserve forces who have reserve rights to retaining their liabilities under the current legislation. In speaking to this amendment I should also like to speak to Amendments Nos. 65, 97, 117 and 187. The schedule has now been formalised but, in deference to the House and the Committee, it has not yet been tabled. The Government will be tabling it at the earliest reasonable opportunity but it is consequential upon these amendments. I beg to move.

On Question, amendment agreed to.

Clause 21, as amended, agreed to.

Clause 22 negatived.

Clause 23 agreed to.

Clause 24 [Commitments to a period of full-time service]:

Earl Howe moved Amendment No. 55:


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