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Earl Howe moved Amendment No. 80:


Page 18, line 42, leave out subsection (5) and insert--
("(5) An order under subsection (4) shall be made by statutory instrument; but no such instrument shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.).

On Question, amendment agreed to.

Clause 37, as amended, agreed to.

Clause 38 [Purpose of Part V]:

Earl Howe moved Amendment No. 81:


Page 19, line 4, leave out ("of registered employers").

The noble Earl said: In speaking to this amendment, I also wish to speak to Amendments Nos. 85, 88, 89, 99, 100, 103, 108, 114, 115 and 166. This group affects Clauses 38, 39, 42, 46, 48, 50 and 51 and introduces a new clause. The amendments stem from a question raised with me by noble Lords on the Benches opposite about the need for employers of special members to be registered. Having reviewed the provisions, we have concluded that the concept of registration should be removed. In consequence, we have needed to redefine the relationships between the Secretary of State, employers and their employees which bind the provisions of Part V together. These relationships will now set the scope of persons who are eligible to become sponsored reservists. The definition we intend to adopt is the existence of an arrangement between an employer and the Secretary of State. Such arrangements will usually be contracts, but we have not used the term because that will not invariably be the case. In the absence of the concept of registration, we also need to qualify various references to employers and employees throughout Part V. My Lords, contractors who have agreed to arrangements which involve the sponsored reserve concept may wish to engage subcontractors or self-employed persons. Provided that they meet with our

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approval, we would not wish to inhibit that. This was catered for under the registered employer mechanism, but the redefinition of relationships requires new provisions to keep the options of prime contractors open.

Amendment No.114, which inserts a new clause, contains these provisions. Also included in this new clause is the existing material dealing with Crown servants which is in Amendment No.116 and that is deleted from Clause 51(2). I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No.82:


Page 19, line 10, leave out from ("force") to end of line 12 and insert ("specified in the agreement.").

The noble Earl said: In speaking to Amendment No. 82, I should also like to speak to Amendments Nos. 91, 92, 93 and 95. This group affects Clauses 38 and 39. These amendments stem from a concern that, although signed, employee agreements will not come into force until a date specified in the agreement. That date could well be after the signing, thus creating a period of no obligation on the part of the parties involved. Amendment No. 91 removes from Clause 39(3) the requirement to stipulate the date on which the agreement is to come into force, in order that it may come into force upon signing.

Amendments Nos. 82 and 92, 93 and 95 are a consequence of this change because when a member of the reserved force became a special member, he was dependent on the date that the agreement came into force. Under the new arrangement this will not always be possible, as in order to be a special member of a reserve force, an employee must--if he is not already a member--first join the force. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 83:


Page 19, line 15, leave out ("and").

The noble Earl said: In speaking to Amendment No. 83 I should also like to speak to Amendments Nos. 84 and 96. This group affects Clauses 38 and 41. Amendments Nos. 84 and 96 draw together in Clause 38(3) the provisions on the scope of orders and regulations made under Clause 4 relating to Part V of the Bill, and logically transfer to the same clause the statutory requirement to consult before making certain regulations. For completeness, Amendment No. 84 also adds two new provisions. The first permits regulations to provide special terms and conditions of service applicable to the period between the cessation of a special member's Clause 41(1) liabilities and his discharge from a reserve force. This provision is required to ensure that appropriate terms and conditions of service can apply to a special member immediately his liabilities to be called and to train cease. I should emphasise that the regulations will not be able to create an obligation on him to train or be called out. The second creates an obligation to consult with representatives of the self-employed before making regulations on terms and conditions of service. This is a logical consequence of expressly extending the coverage

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of Part V to the self-employed. These provisions are required to ensure that terms and conditions of service are not too onerous for either special members who are self-employed or for any special member immediately his liabilities to be called out and to train cease. Amendment No. 83 is a minor consequential drafting change. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 84:


Page 19, line 18, at end insert--
("(c) enabling the making of requests by a special member (whether before or after ceasing to be subject to the liability mentioned in section 41(1)) for permission to continue as a member of his force on ceasing to be a special member;
(d) as to any terms and conditions applicable to a special member who has ceased to be subject to the liability mentioned in section 41(1);
(e) as to the terms and conditions on which persons resume or begin service as ordinary members of a reserve force by virtue of section (Discharge etc. of special members no longer liable to be called out or to train).
() Before orders or regulations under section 4 are made as to the terms and conditions of service of special members of a reserve force, the Secretary of State or, in the case of regulations the Defence Council, shall consult--
(a) one or more bodies appearing to that authority to represent the interests of employers concerned with the supply of goods or services to the armed forces;
(b) one or more bodies or persons appearing to that authority to represent the interests of employees of such employers; and
(c) one or more bodies or persons appearing to that authority to represent the interests of self-employed persons concerned with the supply of goods or services to the armed forces.")

On Question, amendment agreed to.

Clause 38, as amended, agreed to.

Clause 39 [Entry into agreements]:

Earl Howe moved Amendment No. 85:


Page 19, line 20, leave out subsection (1) and insert--
("(1) An employee agreement may be entered into by any employee in pursuance of arrangements made between his employer and the Secretary of State").

On Question, amendment agreed to.

[Amendments No. 86 and 87 not moved.]

Earl Howe moved Amendments No. 88 and 89:


Page 19, line 22, leave out ("a registered employer") and insert ("an employer who has made any such arrangements").
Page 19, line 23, leave out ("his") and insert ("that").

On Question, amendments agreed to.

Earl Howe moved Amendment No. 90:


Page 19, line 24, at end insert--
("(2A) Where an authorised person is satisfied at the time a person enters into an employee agreement that his employer has consented to his entering into the agreement, the validity of the agreement shall not be affected by any failure to comply with subsection (2); and a document purporting to be a certificate signed by the authorised person stating that he is so satisfied shall be evidence of that fact.

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(2B) In subsection (2A) "authorised person" means a person authorised by or in accordance with directions of the Defence Council for the purpose of exercising the functions mentioned in that subsection.

The noble Earl said: This amendment adds to Clause 39 provisions applying to the validity of employee agreements in respect of employer's consent, which are similar to those for special agreements in Clause 29(2), provided a person authorised by the Defence Council for the purpose is satisfied that employer consent has been given. Such things as a technical defect in the giving of consent, or, for example, the presentation of a bogus letter purporting to give an employer's consent, will not invalidate the agreement. However, if that were the case the employer would be able to seek to have the agreement terminated.

The amendment is necessary to protect the armed forces from an unexpected loss of support at perhaps a vital time, resulting from a claim that employer consent was not properly given. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments No. 91 to 93:


Page 19, line 25, leave out from ("shall") to ("if") in line 29.
Page 19, line 30, after ("agreement,") insert ("specify").
Page 19, line 31, leave out ("concerned") and insert ("specified in the agreement").

The noble Earl said: I have spoken to these amendments. I wish to move them en bloc.

On Question, amendments agreed to.

[Amendment No. 94 not moved.]


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