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Earl Howe moved Amendment No. 147:


Page 37, line 31, after ("been") insert ("released or").

The noble Earl said: In moving this amendment, I should like to speak also to Amendments Nos. 149, 154, 156, 157, 158, 159, 160, 161, 162, 163, 164, 181, 188, 189 and 247. Part VII deals with those ex-regular service personnel who are not members of a reserve force but who nevertheless have a liability to recall.

A man who is liable to recall rejoins the appropriate regular service for the period of permanent service, leaves it at the end of that period and reverts to being a civilian. The term for a man leaving a regular force, whether following a regular service or recall, is "discharge".

An officer who is not in a reserve force does not cease to be an officer at the end of a period of permanent service following recall. He remains an officer for as long as his commission persists.

Accordingly, it is not appropriate to use the term "discharge" for officers. Instead, they are "released from permanent service".

The distinction is a technical one. In accordance with the general policy of the Bill, officers and men are, as far as possible, dealt with in a similar manner. The other changes are consequential. It is necessary to have a slightly different definition of "man" in Part VII. I beg to move.

On Question, amendment agreed to.

[Amendment No. 148 not moved.]

Clause 68, as amended, agreed to.

Clause 69 [Persons who may be recalled under Part VII]:

Earl Howe moved Amendment No. 149:


Page 38, line 17, leave out ("man mentioned in subsection (1)") and insert ("person falling within subsection (1)(b)").

On Question, amendment agreed to.

Clause 69, as amended, agreed to.

Clause 70 agreed to.

Clause 71 [Recall for national danger, great emergency or attack on the UK]:

24 Jan 1996 : Column 25

[Amendment No. 150 not moved.]

Earl Howe moved Amendment No. 151:


Page 39, line 41, at end insert ("is made").

The noble Earl said: With the leave of the Committee I shall take this amendment on its own. It is a minor drafting point inserting two words omitted by mistake. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 152 to 154:


Page 39, line 44, leave out ("When an order") and insert ("Where an order under subsection (7)").
Page 40, line 1, leave out ("revocation order") and insert ("order under subsection (7)").
Page 40, line 4, at beginning insert ("released or").

The noble Earl said: I have already spoken to these amendments. I beg to move.

On Question, amendments agreed to.

[Amendment No. 155 not moved.]

Clause 71, as amended, agreed to.

Clause 72 [Maximum duration of service on recall]:

5 p.m.

Earl Howe moved Amendments Nos. 156 to 162:


Page 40, line 16, leave out from ("are") to end of line 17 and insert ("entitled to be released from service (in the case of officers) or discharged (in the case of men)").
Page 40, line 18, leave out subsection (2) and insert--
("(2) A person is (if not released or discharged sooner) entitled to be released from service or discharged when his current service under the recall order, or his current service and any relevant service in aggregate, exceeds 3 years.").
Page 40, line 23, after ("be") insert ("released or").
Page 40, line 26, after ("be") insert ("released or").
Page 40, line 35, after ("be") insert ("released or").
Page 40, line 38, after second ("be") insert ("released or").
Page 40, line 41, leave out from ("be") to ("at") and insert ("released from service or discharged").

On Question, amendments agreed to.

Clause 72, as amended, agreed to.

Clauses 73 and 74 agreed to.

Clause 75 [Period of service and release]:

Earl Howe moved Amendments Nos. 163 and 164:


Page 42, line 34, leave out from ("until") to end of line and insert ("released from service or discharged").
Page 42, line 35, leave out from ("be") to ("with") in line 36 and insert ("released or discharged").

On Question, amendments agreed to.

Earl Howe moved Amendment No. 165:


Page 42, line 37, leave out from beginning to ("or") and insert ("he is no longer required by Her Majesty to be in that service").

The noble Earl said: I have already spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 166:


Page 42, line 37, after ("not") insert ("released or").

24 Jan 1996 : Column 26

The noble Earl said: I was under the impression that I had spoken to this amendment but I am afraid I cannot find it on the list. I am advised that I spoke to it with Amendment No. 147. I beg to move.

Lord Mottistone: I agree with that.

The Deputy Chairman of Committees: Does the noble Earl wish to move the amendment?

Earl Howe: I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 167:


Page 42, line 38, after ("be") insert ("released or").

The noble Earl said: Amendment No. 167 was spoken to with Amendment No. 166. It is the same amendment. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 168:


Page 42, leave out line 42 and insert--
("(3) The Defence Council may by regulations").

The noble Earl said: In moving this amendment I should like to speak also to Amendments Nos. 174, 175, 182, 183 and 248. The purpose of these amendments is to ensure that there is appropriate legal authority for the making of regulations for those liable to recall under Part VII. As they are not members of any reserve force, they do not come within the scope of Clause 4. The amendment to Clause 128 is intended to reflect that fact.

Since Clause 4 cannot apply to those liable to recall, it is necessary to provide an appropriate authority for the making of regulations--the Defence Council. As it will be responsible for most of the regulations made for those who are covered by Clause 4, it seems sensible to make it responsible for those not covered by it as well.

The remaining amendments refer to the Defence Council as the appropriate authority for making the regulations concerned, and introduce the words "of any persons" to make it clear that such regulations can only reduce or relax the liability of those persons liable to recall. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 169:


Page 43, line 5, after ("be") insert ("released or").

On Question, amendment agreed to.

Earl Howe moved Amendment No. 170:


Page 43, line 11, after first ("be") insert ("released or").

The noble Earl said: I spoke to this amendment with Amendment No. 147. It is exactly the same in substance as the other amendments that we have already passed. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 171:


Page 43, line 15, leave out ("current") and insert ("relevant").

The noble Earl said: I spoke to this with Amendment No. 69. I beg to move.

24 Jan 1996 : Column 27

On Question, amendment agreed to.

Earl Howe moved Amendment No. 172:


Page 43, line 18, leave out ("discharged from that service") insert ("released from service or discharged").

The noble Earl said: I have already spoken to this amendment and, although the amendments do not feature on the groupings list, I am advised that they were included in the group headed by Amendment No. 147.

The Deputy Chairman of Committees: I am sorry to have to correct the noble Earl but they were not included in that grouping.

Lord Williams of Elvel: I am forsaking my Trappist vows just for this purpose. In the grouping list issued by the Government Whip's Office, Amendment No. 172 heads a group which includes Amendments Nos. 192 and 193, and I hope very much that the Committee will be guided by that.

The Deputy Chairman of Committees: The Chairman is guided by that because he does not recollect that Amendments Nos. 172, 192 or 193 were spoken to when previous amendments were moved, so I suggest that the noble Earl might be good enough to move them. I do not believe he will have too serious trouble.


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