House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

79

House of Commons

Tuesday 22 October 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments 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
82

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.



© Parliamentary copyright	Revised 22 October 2013