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Amendments to the Armed Forces Discipline Bill [H.L.]

Armed Forces Discipline Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Armed Forces Discipline Bill [H.L.] to be moved on Report in the House of Lords.

 The amendments have been marshalled in accordance with the Order of 12th January 2000, as follows--  
 Clauses 1 to 10
Schedule 1
Clauses 11 to 13
Schedule 2
Clauses 14 to 25
Schedule 3
Clauses 26 and 27
Schedule 4
Clause 28
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
1     Insert the following new Clause-- 
 ("Armed Forces (Human Rights) Court 
     .--(1)  An Armed Forces (Human Rights) Court designated by rules in accordance with section 7 of the Human Rights Act 1998 shall be established to adjudicate on questions relating to the application of the European Convention on Human Rights to the provisions of the Service Discipline Acts raised on appeal from the decisions of Courts Martial or the Courts Martial Appeal Court.
 
    (2)  An appeal may only proceed with leave of the Court granted on the grounds that it is arguable that the decision was in breach of Convention as represented in the Notice of Appeal.
 
    (3)  The Court having heard the appeal may either affirm or set aside the decision (or remit the case for further consideration), and make such order as to costs as may be deemed to be just and appropriate.
 
    (4)  New evidence may not be adduced at the hearing (whether oral or on affidavit) unless in the opinion of the Court the demands of justice so require.
 
    (5)  The Court shall be convened by the Secretary of State as and when it is expedient in his opinion to attend to business.
 
    (6)  The composition of the Court shall consist of 2 or 4 members of the Armed Forces appointed by the Secretary of State sitting with a senior member of the judiciary as President appointed by the Lord Chancellor.
 
    (7)  Arrangements to give effect to subsection (6) are to be made in consultation between the Lord Chancellor and the Secretary of State.
 
    (8)  The question arising for determination of the Court under the provisions of this Act may not be raised on an application for judicial review unless leave of the Court was refused by the Court.
 
    (9)  In this section "the Service Discipline Acts" means the Army Act 1955, the Air Force Act 1955, and the Naval Discipline Act 1957.")
Resolution of Convention Rights under the Services Discipline Acts.
  
BY THE LORD BURNHAM
 
2     Insert the following new Clause-- 
     ("  .  On the day on which this Act comes into force, the Secretary of State shall lay before Parliament a copy of the following Service Discipline Acts consolidated into a single Act and including all the changes with respect to military discipline made following the passing of the Human Rights Act 1998--
    (a)  Army Act 1955;
    (b)  Air Force Act 1955; and
    (c)  Naval Discipline Act 1957.")
Service Discipline Acts: consolidation.
3     Insert the following new Clause-- 
     ("  .--(1)  Where a person to whom this Act would otherwise apply is engaged in operations to which the Geneva Convention of 12 August 1949 and the Additional Protocols of 1977 apply, the several time limits set by this Act by reference directly or indirectly to the time at which the person is first arrested shall not start to run until either--
    (a)  the arrested person is no longer engaged in operations to which the said Conventions apply; or
    (b)  fourteen days have elapsed since the arrest was made, whichever is the first.
    (2)  A reasonable belief on the part of the commanding officer or other superior authority concerned that the said Conventions apply shall be an absolute defence against any allegations to the contrary.")
Application of Act to Geneva Convention operations.
  
Clause 1
 
  
BY THE EARL ATTLEE
 
4*     Page 2, line 20, at end insert (", or
    (  )  to obtain authority to search him, his possessions or his accommodation")
 
  
Clause 6
 
  
BY THE LORD BURNHAM
 
5*     Page 26, line 40, at end insert (",  provided always that no day shall be appointed for this purpose that is before the day on which copies of the manuals of Naval, Military and Air Force Law, containing texts of all relevant service law as updated by this and other relevant Acts, with explanatory footnotes, have been deposited in the Libraries of both Houses of Parliament and made available to users on an official electronic database."") 
6*     Page 28, line 3, at end insert (",  provided always that no day shall be appointed for this purpose that is before the day on which copies of the manuals of Naval, Military and Air Force Law, containing texts of all relevant service law as updated by this and other relevant Acts, with explanatory footnotes, have been deposited in the Libraries of both Houses of Parliament and made available to users on an official electronic database."") 
7*     Page 9, line 11, at end insert (", provided always that no day shall be appointed for this purpose that is before the day on which copies of the manuals of Naval, Military and Air Force Law, containing texts of all relevant service law as updated by this and other relevant Acts, with explanatory footnotes, have been deposited in the Libraries of both Houses of Parliament and made available to users on an official electronic database."") 
  
Clause 7
 
  
BY THE LORD MACKAY OF DRUMADOON
THE LORD BURNHAM
 
8*     Page 29, line 14, at end insert ("and shall enjoy security of tenure, in that they may only be removed from office in the same manner as circuit judges") 
  
BY THE LORD BURNHAM
THE LORD MACKAY OF DRUMADOON
 
9*     Page 29, line 24, at end insert--
 
    ("(3)  A person appointed under this section shall be appointed to hold office until a specific date.
 
    (4)  During his term of appointment, a person appointed under this section shall enjoy the same security of tenure as a Circuit Court judge, appointed under section 16 of the Courts Act 1971."")
 
10*     Page 29, line 24, at end insert--
 
    ("(  )  A person who has served a term of appointment under this section shall not be eligible for re-appointment under this section."")
 
  
BY THE LORD MACKAY OF DRUMADOON
THE LORD BURNHAM
 
11*     Page 29, line 27, at end insert ("and shall enjoy security of tenure, in that they may only be removed from office in the same manner as circuit judges") 
  
BY THE LORD BURNHAM
THE LORD MACKAY OF DRUMADOON
 
12*     Page 29, line 37, at end insert--
 
    ("(3)  A person appointed under this section shall be appointed to hold office until a specified date.
 
    (4)  During his term of appointment, a person appointed under this section shall enjoy the same security of tenure as a Circuit Court judge, appointed under section 16 of the Courts Act 1971."")
 
13*     Page 29, line 37, at end insert--
 
    ("(  )  A person who has served a term of appointment under this section shall not be eligible for re-appointment under this section."")
 
  
After Clause 7
 
  
BY THE LORD BURNHAM
THE LORD MACKAY OF DRUMADOON
 
14*     Insert the following new Clause--
 
    ("  .--(1)  After section 84B (2) of each of the 1955 Acts there is inserted--
 
 
        (2A)  No person shall be appointed as the judge advocate in relation to a court-martial, unless he has previously been appointed to hold office as a judge advocate until a specified date.
        (2B)  A person appointed as a judge advocate for the purposes of this Act shall enjoy the same security of tenure as a Circuit Court judge, appointed in terms of section 16 of the Courts Act 1971.
        (2C)  A person, who has served a term of appointment as judge advocate for the purposes of this Act shall not be eligible for re-appointment."
    (2)  After section 53B(2) of the 1957 Act there is inserted--
        (2A)  No person shall be appointed as the judge advocate in relation to a court-martial, unless he has previously been appointed to hold office as a judge advocate until a specified date.
        (2B)  A person appointed as a judge advocate for the purposes of this Act shall enjoy the same security of tenure as a Circuit Court judge, appointed under section 16 of the Courts Act 1971.
        (2C)  A person who has served a term of appointment as judge advocate for the purposes of this Act shall not be eligible for re-appointment."")
Appointment of judge advocate.
  
Clause 11
 
  
BY THE EARL ATTLEE
THE LORD BURNHAM
 
15*     Page 32, line 19, at end insert--
        ("(3A)  An accused who elects for court-martial in accordance with the provisions of subsection (1) above may apply to the commanding officer or appropriate superior authority for leave to withdraw that election.
        (3B)  An application by the accused for leave to withdraw election for court-martial shall include a written statement as to those of superior rank with whom he has discussed the application.
        (3C)  The record of the grant of leave to withdraw election for court-martial shall include--
      (a)  the application together with the statement from the accused required by subsection (3B) above;
      (b)  a written statement signed by the person or persons who gave advice to the accused on behalf of the commanding officer or appropriate superior authority and such record.
        (3D)  The record of the grant of leave to withdraw election for court-martial shall be delivered forthwith to the Judge Advocate General.")
 
16*     Page 33, line 9, at end insert--
        ("(3A)  An accused who elects for court-martial in accordance with the provisions of subsection (1) above may apply to the commanding officer or appropriate superior authority for leave to withdraw that election.
        (3B)  An application by the accused for leave to withdraw election for court-martial shall include a written statement as to those of superior rank with whom he has discussed the application.
        (3C)  The record of the grant of leave to withdraw election for court-martial shall include--
      (a)  the application together with the statement from the accused required by subsection (3B) above;
      (b)  a written statement signed by the person or persons who gave advice to the accused on behalf of the commanding officer or appropriate superior authority and such record.
        (3D)  The record of the grant of leave to withdraw election for court-martial shall be delivered forthwith to the Judge Advocate General.")
 
  
Clause 18
 
  
BY THE BARONESS SYMONS OF VERNHAM DEAN
 
17     Page 39, line 41, leave out ("twenty-one") and insert ("fourteen") 
  
BY THE EARL ATTLEE
THE LORD BURNHAM
 
18     Page 39, line 41, leave out ("twenty-one") and insert ("ten") 
  
BY THE BARONESS SYMONS OF VERNHAM DEAN
 
19     Page 40, line 12, leave out ("twenty-one") and insert ("fourteen") 
  
BY THE EARL ATTLEE
THE LORD BURNHAM
 
20     Page 40, line 12, leave out ("twenty-one") and insert ("ten") 
  
Schedule 3
 
  
BY THE BARONESS SYMONS OF VERNHAM DEAN
 
21     Page 57, line 20, leave out ("twenty-one") and insert ("fourteen") 
22     Page 58, line 6, leave out ("twenty-one") and insert ("fourteen") 
  
In the Title
 
  
BY THE LORD MACKAY OF DRUMADOON
THE LORD BURNHAM
 
23*     Line 4, at end insert (", to ensure compatibility with the convention rights within the meaning of section 1 of the Human Rights Act 1998") 
 
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Prepared 17 January 2000