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Earl Howe moved Amendment No. 216:


Page 55, line 44, leave out ("is found guilty") and insert ("or a person liable to recall is convicted").

The noble Earl said: In speaking to this amendment I should like to speak also to Amendments Nos. 217 to 220 inclusive and 222 to 225 inclusive. Some of these amendments are consequential to an earlier amendment which made the offences under Clause 98 apply to those liable to recall, as they already did to members of the reserve forces. The other change is in Clause 102 and modifies the clause so that procuring or inciting a member of a reserve force to become an absentee without leave is an offence, as it already is in connection with a deserter. The other amendments make a number of minor drafting changes. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 217:


Page 55, line 47, after ("of") insert ("release from permanent service or").

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

On Question, amendment agreed to.

Clause 99, as amended, agreed to.

Clause 100 agreed to.

Clause 101 [Treatment of deserters etc.]:

Earl Howe moved Amendments Nos. 218 to 220:


Page 56, line 7, at end insert--
("(1A) Schedule 2 shall apply to a person liable to recall who is a suspected deserter or absentee without leave by virtue of this Part and is not otherwise subject to service law as it applies to a member of a reserve force.").
Page 56, line 8, after ("force") insert ("or a person liable to recall").
Page 56, line 11, leave out ("as provided by section 98") and insert ("in accordance with this Part").

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

On Question, amendments agreed to.

Clause 101, as amended, agreed to.

Clause 102 [Inducing a person to desert or absent himself]:

Earl Howe moved Amendment No. 221:


Page 56, line 13, leave out from ("means") to end of line 16 and insert--
("(a) procures or persuades, or attempts to procure or persuade, a member of a reserve force to commit an offence of desertion or absence without leave;").

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 222 to 225:


Page 56, line 19, after ("deserter") insert ("or an absentee without leave").
Page 56, line 20, after ("deserter") insert ("or absentee").
Page 56, line 22, leave out from ("offence") to end of line 24 and insert--

24 Jan 1996 : Column 35


("(1A) A person who,
(a) procures or persuades, or attempts to procure or persuade, a person liable to recall to commit an offence of desertion or absence without leave; or
(b) knowing that such a person is about to commit such an offence, aids or assists him in so doing; or
(c) knowing a person liable to recall to be a deserter or absentee without leave, procures or persuades or assists him to remain a deserter or absentee, or assists in his rescue from custody,
is guilty of an offence.
(1B) A person guilty of an offence under subsection (1) or (1A) is liable on summary conviction--
(a) in the case of an offence involving an offence of desertion or a deserter, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both); and
(b) in the case of an offence of absence without leave or an absentee without leave, to a fine not exceeding level 5 on the standard scale.").
Page 56, line 25, leave out subsection (2).

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

On Question, amendments agreed to.

Clause 102, as amended, agreed to.

Clause 103 [Record of illegal absence]:

Earl Howe moved Amendment No. 226:


Page 56, line 33, leave out ("the man's") and insert ("his").

The noble Earl said: With this amendment I should like to speak to Amendments Nos. 227 and 231. These are minor drafting amendments. By replacing the words "man" or "man's" with pronouns they allow the effect of "member" in the first line of Clause 103(1) to be carried through the clause. The result is that the procedures apply to officers as well as to men. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 227:


Page 56, line 34, leave out ("the man") and insert ("he").

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. 228:


Page 56, line 43, leave out from ("Act") to end of line 44 and insert ("fails, without leave lawfully granted, to do anything mentioned in section 98(1)(a), (b) or (c);
(aa) having entered into a full-time service commitment fails, without leave lawfully granted, to appear at any time or place at which he is required to attend to begin the period of full-time service contemplated by the commitment;
(ab) having entered into an additional duties commitment fails, without leave lawfully granted, to appear at any time or place at which he is required to begin a period of duty under the commitment;").

The noble Earl said: Clause 103 provides for the investigation and recording of unlawful absences. It is only right that those who have committed themselves to perform full-time service or additional duties should be subject to these provisions in the same way as persons who are called out are. I beg to move.

24 Jan 1996 : Column 36

On Question, amendment agreed to.

Earl Howe moved Amendment No. 229:


Page 57, line 1, leave out ("in accordance with section 21").

The noble Earl said: In moving this amendment I shall speak also to Amendment No. 230. The omission of the reference to Clause 21 covered by Amendment No. 229 means that Clause 103 applies to training that is required as opposed to voluntary under any clause. The amendment rectifies that. The clarification of the word "fails" in Amendment No. 230 is simply a point of drafting. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 230 and 231:


Page 57, line 2, leave out ("fails") and insert ("as mentioned in section (Failure to attend for duty or training)(2) fails, without leave lawfully granted,").
Page 57, line 4, leave out ("the man's") and insert ("his").

On Question, amendments agreed to.

Clause 103, as amended, agreed to.

Clause 104 [Trial of offences]:

Earl Howe moved Amendment No. 232:


Page 57, line 8, leave out from ("which") to end and insert ("is by virtue of this Part triable").

On Question, amendment agreed to.

Earl Howe moved Amendment No. 233:


Page 57, line 11, leave out ("his commanding officer") and insert ("an officer having power to deal with the case)").

The noble Earl said: This is another small, technical amendment. It takes account of the fact that various classes of case may under service law be disposed of summarily by officers who are not the commanding officer. For minor offences, an officer subordinate to the commanding officer may conduct the proceedings. In some other cases, a superior officer is involved. I beg to move.

Lord Mottistone: A subordinate officer when I was in the navy did not just mean an officer who was subordinate. My noble friend may care to examine the matter to see whether the right word is being used.

Earl Howe: I may have used the wrong expression in connection with the navy. If so, I apologise to my noble friend. However, I believe that the sense of the amendment is clear. It refers to "an officer having power to deal with the case". I was merely trying to clarify what that meant and, if I did so in incorrect naval terms I apologise to the Committee.

On Question, amendment agreed to.

Clause 104, as amended, agreed to.

Clause 105 [Jurisdiction of courts]:

Earl Howe moved Amendment No. 234:


Page 57, leave out lines 25 to 34 and insert ("imposed under this Part by a court-martial shall be paid to such authority as may be prescribed.").

24 Jan 1996 : Column 37

The noble Earl said: This amendment replaces the long and rather outdated wording of Clause 105(3) with something shorter having the same practical effect. I beg to move.

On Question, amendment agreed to.

Clause 105, as amended, agreed to.

Clause 106 [Trial of offences by civil court]:

Earl Howe moved Amendment No. 235:


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