Session 2013 - 14
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Other Bills before Parliament


 
 

79

 

House of Commons

 
 

Tuesday 22 October 2013

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Defence Reform Bill


 

Note

 

The Amendments have been arranged in accordance with the Order of the

 

Committee [3 September 2013]

 


 

Mr Kevan Jones

 

48

 

Clause  43,  page  28,  line  36,  at end insert—

 

‘(7A)    

After Section 62, insert—

 

“62A  

Deferral of call-out liability

 

(1)    

A member of the Reserve Forces who is self-employed may defer

 

liability for call-out for a period of up to 12 months if they show to the

 

satisfaction of the Defence Council or any authorised officer that there is

 

good reason why their liability should be deferred.

 

(2)    

A member of the Reserve Forces who is employed by a company,

 

organisation or person whose main business is in the manufacturing or

 

provision of equipment, works or services for defence purposes may

 

defer liability for call-out for a period of up to 12 months if they show to

 

the satisfaction of the Defence Council or any authorised officer that

 

there is good reason why their liability should be deferred.”.’.

 


 

Mr Kevan Jones

 

49

 

Clause  44,  page  29,  line  23,  at end insert ‘, or

 

‘(d)    

undertakes activities as a special member of the reserve forces

 

(“Sponsored Reserves”).’.


 
 

Public Bill Committee: 22 October 2013                  

80

 

Defence Reform Bill, continued

 
 

Mr Kevan Jones

 

50

 

Clause  44,  page  29,  line  36,  at end insert—

 

‘(5A)    

Regulations under this section may provide for variation in payment size on the

 

basis of the recipient company, specifically including provision for larger

 

payments to be provided to companies defined as “small” or “medium” under

 

Sections 382 and 465 of the Companies Act 2006 or individuals who are self-

 

employed.’.

 

Mr Kevan Jones

 

51

 

Clause  44,  page  29,  line  36,  at end insert—

 

‘(5A)    

Regulations under this section may only provide for payments to be made to

 

employers which meet the definition of a “small” or “medium” sized company

 

under sections 382 and 465 of the Companies Act 2006 or individuals who are

 

self-employed.’.

 


 

Mr Kevan Jones

 

52

 

Clause  46,  page  30,  line  21,  at end insert ‘and British Overseas Territories’.

 


 

New Clauses

 

Recovery of unpaid amounts

 

Mr Philip Dunne

 

NC4

 

To move the following Clause:—

 

‘(1)    

This section applies where—

 

(a)    

the SSRO determines by virtue of section 18(3)(b), 20(6) or 21(3)(b) that

 

the price payable under a qualifying defence contract is to be adjusted,

 

and

 

(b)    

as a result of the adjustment—

 

(i)    

the Secretary of State is required to pay an amount to the primary

 

contractor, or

 

(ii)    

the primary contractor is required to repay an amount to the

 

Secretary of State.

 

(2)    

If all or part of the amount mentioned in subsection (1)(b)(i) or (ii) is not paid or

 

repaid before the payment date, the unpaid balance carries interest from that date

 

at the rate for the time being specified in section 17 of the Judgments Act 1838.

 

(3)    

The “payment date” is the date determined by the SSRO, in making the

 

determination in question, as the date by which the amount must be paid or

 

repaid.


 
 

Public Bill Committee: 22 October 2013                  

81

 

Defence Reform Bill, continued

 
 

(4)    

The person to whom the amount is required to be paid or repaid (“the creditor”)

 

may recover from the other person as a debt due to the creditor the unpaid balance

 

and any unpaid interest.’.

 


 

Single source contract regulations: time limits and determinations

 

Mr Philip Dunne

 

NC5

 

To move the following Clause:—

 

‘(1)    

Single source contract regulations may make provision imposing limits in

 

relation to the time within which an application, reference or appeal to the SSRO

 

under this Part or the regulations may be made.

 

(2)    

Single source contract regulations may specify matters to which the SSRO must

 

have regard in making a determination under this Part or the regulations.’.

 


 

Transfer of employees (relocation)

 

Alison Seabeck

 

Mr Kevan Jones

 

NC1

 

To move the following Clause:—

 

‘Employees transferred to a company by virtue of arrangements mentioned in

 

section 1 may not be required to geographically relocate outside of the UK

 

without full and proper consultation.’.

 


 

Code of conduct for relationship between defence contractors and MOD employees or

 

service personnel

 

Alison Seabeck

 

Mr Kevan Jones

 

NC2

 

To move the following Clause:—

 

‘(1)    

A code of conduct shall be prepared by the Ministry of Defence governing contact

 

between members of the armed forces and Ministry of Defence officials and

 

employees or representatives of defence contractors.

 

(2)    

The code of conduct shall contain the following provisions—

 

(a)    

employees of the armed forces or the Ministry of Defence at or above the

 

rank of Brigadier General or the equivalent Civil Service grade, shall be

 

prohibited from undertaking paid employment with a defence contractor


 
 

Public Bill Committee: 22 October 2013                  

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Defence Reform Bill, continued

 
 

unless two years or more have elapsed since the termination of their

 

contract with the armed forces or Ministry of Defence;

 

(b)    

the appointment of an individual as described in subsection (1) by a

 

defence contractor shall be treated as a public appointment;

 

(c)    

individuals employed under the terms of subsection (a) shall not, whilst

 

in the employment of a defence contractor, undertake any activity that

 

brings them into contact with the Ministry of Defence;

 

(d)    

defence contractors shall publish on an annual basis a list of current

 

employees whose appointment was under the terms of subsection (a);

 

(e)    

a register of gifts and hospitality shall be published quarterly by the

 

Ministry of Defence;

 

(f)    

any gift or hospitality to an employee of the Ministry of Defence,

 

member of the armed forces at or above the rank of Brigadier General, or

 

Civil Service equivalent, or spouse or partner of such, of a value greater

 

than £660 from a defence contractor must be placed on the register

 

prepared under subsection (e).

 

(3)    

“Defence contractor” means a company, organisation or person whose main

 

business is in the manufacturing or provision of equipment, works or services for

 

defence purposes.’.

 


 

Duty of Secretary of State to report increases in costs of defence contracts to Parliament

 

Alison Seabeck

 

Mr Kevan Jones

 

NC3

 

To move the following Clause:—

 

‘(1)    

Where it is proposed that the total price payable for the provision of goods, works

 

or services, procured from another person for defence purposes under a contract

 

entered into by the Secretary of State, or a contractor acting on behalf of the

 

Secretary of State under the provisions of section 1, should rise beyond that

 

detailed in the original terms of the contract, the Secretary of State shall—

 

(a)    

lay before both Houses a report detailing the circumstances requiring the

 

increased price,

 

(b)    

withhold approval of any adjustment of the total price for the contract

 

until the report has been laid, and

 

(c)    

write to the chairs of the relevant parliamentary committees indicating

 

that such a report has been laid.’.

 


 

Publication of data on reserves

 

Mr Kevan Jones

 

NC6

 

To move the following Clause:—


 
 

Public Bill Committee: 22 October 2013                  

83

 

Defence Reform Bill, continued

 
 

‘(1)    

The Secretary of State shall publish quarterly recruitment figures and trained

 

strength numbers against adjusted quarterly targets.’.

 


 

Employment of members of reserve forces

 

Mr Kevan Jones

 

NC7

 

To move the following Clause:—

 

‘(1)    

Section 39 of the Equality Act 2010 shall apply to serving and former members

 

of the reserve forces as if membership of such forces were a protected

 

characteristic under section 4 of that Act.

 

(2)    

Members of the reserve forces are required to disclose their membership to

 

potential employers upon application for employment.

 

(3)    

The Secretary of State shall within one year of this Act coming into force

 

establish an employer engagement committee to act as an advisory body on the

 

recruitment and retention of members of the reserve forces.

 

(4)    

The Secretary of State shall lay before Parliament an annual report of the

 

Employer Engagement Committee detailing its activities and recommendations

 

for the Government.’.

 


 

Mental health provision for members of the reserve forces

 

Mr Kevan Jones

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall publish annually an analysis of mental health

 

provision for members and former members of the reserve forces.

 

(2)    

The report shall include information on annual spend on such services.

 

(3)    

The Secretary of State shall within one year of this Act coming into force bring

 

forward proposals clarifying provisions for the transfer of medical records

 

belonging to former members of the reserve forces to the NHS and for the

 

monitoring of the health needs of former members of the reserve forces.’.

 

 

ORDER OF THE HOUSE [16 JuLY 2013]

 

That the following provisions shall apply to the Defence Reform Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously


 
 

Public Bill Committee: 22 October 2013                  

84

 

Defence Reform Bill, continued

 
 

concluded) be brought to a conclusion on Thursday 24 October 2013.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other Proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [3 SEPTEMBER 2013]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.55 am on Tuesday 3

 

September) meet—

 

(a)  

at 2.00 pm on Tuesday 3 September;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 5 September;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 8 October;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 10 October;

 

(e)  

at 8.55 am and 2.00 pm on Tuesday 15 October;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 17 October;

 

(g)  

at 8.55 am and 2.00 pm on Tuesday 22 October;

 

(h)  

at 11.30 am and 2.00 pm on Thursday 24 October;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 3

Until no later

Paul Everitt on behalf of Defence

 
 

September

than 11.00 am

Industries Council and ADS Group;

 
   

Royal United Services Institute

 
 

Tuesday 3

Until no later

Lord West of Spithead

 
 

September

than 2.45 pm

  
 

Tuesday 3

Until no later

Federation of Small Businesses

 
 

September

than 3.30 pm

  
 

Thursday 5

Until no later

Lord Hamilton of Epsom

 
 

September

than 12.15 pm

  
 

Thursday 5

Until no later

Major General John Crackett, Assistant

 
 

September

than 1.00 pm

Chief of the Defence Staff (Reserves and

 
   

Cadets);

 
   

Air Chief Marshal Sir Stuart Peach, Vice

 
   

Chief of the Defence Staff;

 
   

Lieutenant General Andrew Gregory, Chief

 
   

Defence Personnel

 
 

Thursday 5

Until no later

Public and Commercial Services Union;

 
 

September

than 2.45 pm

Prospect

 
 

Thursday 5

Until no later

Bernard Gray, Chief of Defence Materiel,

 
 

September

than 3.45 pm

Ministry of Defence;

 
   

Barry Burton, Director of Materiel

 
   

Strategy, Ministry of Defence;

 
   

Susanna Mason, Director General, Export

 
   

and Commercial Strategy, Ministry of

 
   

Defence

 
 

Thursday 5

Until no later

Philip Dunne MP, Minister for Defence

 
 

September

than 4.30 pm

Equipment Support and Technology

 

 
 

Public Bill Committee: 22 October 2013                  

85

 

Defence Reform Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 4; Schedule 1; Clauses 5 to 7; Schedule 2;

 

Clauses 8 to 10; Schedule 3; Clauses 11 to 13; Schedule 4; Clauses 14 to 37;

 

Schedule 5; Clause 38 to 43; Schedule 6; Clause 44; Schedule 7; Clauses 45

 

to 48; new Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Thursday 24 October.

 


 
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Revised 22 October 2013