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Page 10, line 13, leave out ("undertaking") and insert ("to undertake").

The noble Earl said: In speaking to this amendment I should also like to speak to Amendment No. 57. These amendments effect no substantive change to the Bill. They are designed to clarify what the reservist does

24 Jan 1996 : Column 11

when he enters into the two different types of written commitment, whether for a period of full-time service, or for additional duties. In both cases, the changes make it clear that the written commitment is to perform the period of full-time service in the case of Clause 24, and to perform the duties specified for the period or periods specified in the case of Clause 25. I beg to move.

On Question, amendment agreed to.

[Amendment No. 56 not moved.]

On Question, Whether Clause 24, as amended, shall stand part of the Bill?

Earl Bathurst: Regarding Clause 24, I regret that I did not have the opportunity of being at Second Reading. But it is fairly complicated to read through these duties of a reserve forces member. Will he or she be able to be called out by his unit for a purpose of national emergency or disaster somewhat in the same way as the National Guard in the United States? Is that in here or in these amendments? I am just asking for clarification.

Earl Howe: The Bill provides for the reserve forces to be used in the way the noble Earl suggests. It is a change to the current legislation that has been widely welcomed by the reserve forces.

Earl Bathurst: I thank the noble Earl. It is not totally clear here, but whether the rest of the country is aware of this matter or the TA itself I would wonder. But that is another point.

Lord Craig of Radley: I draw attention once again to the use of the word "person" three times in Clause 24 and suggest that the noble Earl the Minister gives consideration to that.

Earl Bathurst: It is better than "personnel".

Earl Howe: I am grateful to the eagle eye of the noble and gallant Lord and I shall take his point away with me.

Clause 24, as amended, agreed to.

Clause 25 [Additional duties commitments]:

Earl Howe moved Amendment No. 57:


Page 11, line 22, leave out ("undertaking").

On Question, amendment agreed to.

[Amendment No. 58 not moved.]

Clause 25, as amended, agreed to.

Clause 26 [Parliamentary control of commitments]:

[Amendment No. 59 not moved.]

Lord Williams of Elvel moved Amendments Nos. 60 and 61:


Page 12, line 24, leave out ("any of the reserve land and air") and insert ("each of the reserve").
Page 12, line 29, leave out from first ("and") to ("force") in line 30 and insert ("men of a reserve").

The noble Lord said: I have already spoken to Amendments Nos. 60 and 61. I beg to move.

24 Jan 1996 : Column 12

On Question, amendments agreed to.

Clause 26, as amended, agreed to.

Clause 27 agreed to.

The Deputy Chairman of Committees: I must now make a personal statement. I had not anticipated that we would proceed with such speed with the Bill and I have not marked up my copy of the Marshalled List from this point onwards. Therefore I shall have to ask the Committee's indulgence for any mistakes which may easily trip from my lips. We will hope for the best!

Clause 28 [Special agreements]:

[Amendments Nos. 62 and 63 not moved.]

Clause 28 agreed to.

Clause 29 agreed to.

Clause 30 [Consent of new employer]:

[Amendment No. 64 not moved.]

Clause 30 agreed to.

4.15 p.m.

Clause 31 [Termination of special agreements]:

Earl Howe moved Amendment No.65:


Page 15, leave out lines 12 and 13.

On Question, amendment agreed to.

Clause 31, as amended, agreed to.

Clause 32 [Call-out notices]:

[Amendments Nos. 66 and 67 not moved.]

Clause 33 agreed to.

Clause 34 [Release from service:]

Earl Howe moved Amendment No. 68:


Page 17, line 9, leave out ("his services are no longer required by Her Majesty") and insert ("he is no longer required by Her Majesty to be in that service").

The noble Earl said: In moving this amendment, I should like to speak also to Amendments Nos. 106, 141 and 164.

Amendment No. 68 is a minor redrafting amendment. It avoids any inference that, at the point of release from permanent service, Her Majesty should dispense with an individual's services altogether. The new words focus on permanent service as the service from which the individual is released. Amendments Nos. 141 and 165 serve an identical purpose. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 69:


Page 17, line 30, leave out ("current") and insert ("relevant").

The noble Earl said: My Lords, in moving this amendment, I shall speak also to Amendments Nos. 107, 142, and 141.

Amendment No. 69 effects a minor change of wording which fits better with the language of the sections mentioned in Clause 34. Amendments Nos. 107, 142, and 171 achieve the same purpose in Clauses 48, 63 and 75 respectively. I beg to move.

On Question, amendment agreed to.

24 Jan 1996 : Column 13

Clause 34, as amended, agreed to.

Clause 35 [Exercise of functions by authorised officers]:

Earl Howe moved Amendment No. 70:


Page 17, line 35, leave out ("authorised").

The noble Earl said: My Lords, in moving this amendment, I wish also to speak to a number of other amendments; namely, Amendments Nos. 72, 73, 74, 109, 110, 111, 112, 143, 144, 145, 146, 177, 178, 179 and 180. The effect of all these amendments is exactly the same--they all remove the word "authorised" from the description of the officers to whom the Secretary of State may delegate his functions. As presently drafted, the Bill provides that the Secretary of State may delegate his powers to authorised officers. Strictly speaking, before the officers concerned have been authorised to exercise the powers the Secretary of State can delegate to them, they are not authorised officers. This implies that the authorisation and delegation are separate processes involving authorisation first, followed by delegation of the appropriate functions. The amendment clarifies that there is no need for the officers concerned to be formally authorised before the Secretary of State can delegate his functions to them. I beg to move.

On Question, amendment agreed to.

[Amendment No. 71 not moved.]

Earl Howe moved Amendments Nos. 72, 73 and 74:


Page 17, line 36, leave out ("authorised").
Page 17, line 43, leave out ("authorised").
Page 18, line 1, leave out ("authorised").

On Question, amendments agreed to.

Clause 35, as amended, agreed to.

Clause 36 [Parliamentary control of numbers and reports]:

[Amendment No. 75 not moved.]

Clause 36 agreed to.

[Amendments Nos. 76 and 77 not moved.]

Clause 37 [Interpretation of Part IV]:

Earl Howe moved Amendment No. 78:


Page 18, line 32, leave out ("for services") and insert ("of service").

The noble Earl said: This is a technical amendment to insert the correct description of a contract of employment into Clause 37 (2). I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 79:


Page 18, line 37, at end insert--
("(3A) Regulations under subsection (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.").

The noble Earl said: In speaking to Amendment No. 79, I shall also speak to Amendment No. 80. A reservist who enters into a special agreement has to obtain the consent of his employer. He may have more than one employer. To avoid those for whom he works on a casual or informal basis having a disproportionate

24 Jan 1996 : Column 14

influence on whether or not he enters into this special agreement, it is considered that he only needs to obtain the consent of an employer for whom he carries out a significant amount of work. The Bill defines a relevant employer as somebody for whom the reservist works for more than 14 hours a week.

The Bill provides for regulations to be made to reduce the figure below 14 hours but not to increase it above that figure. Power is also given to make detailed regulations as to whether a particular contract normally involves more than 14 hours work or not.

The Bill provided for parliamentary control over both sets of regulations through negative resolution procedure. This remains appropriate for the detailed regulations governing the definition of when a particular contract involves 14 hours' service or not. However, the importance of the regulations under subsection (5) which can alter the 14 hours' figure are sufficiently important for the affirmative procedure to apply so that Parliament may have a more ready opportunity to consider their effect on the relationship between the interests of the employer, the reservist and the reserve forces. I beg to move.

On Question, amendment agreed to.


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