House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

25

House of Commons

Tuesday 22 October 2013

Public Bill Committee Proceedings

Defence Reform Bill

[ThirteenTH AND FourteenTH SITTINGS]

Mr Kevan Jones

Withdrawn  48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.”.’.

Clause Agreed to.

Schedule 6 Agreed to.

Mr Kevan Jones

Withdrawn  49

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

‘(d)
undertakes activities as a special member of the reserve forces

(“Sponsored Reserves”).’.

Mr Kevan Jones

Withdrawn  50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

Public Bill Committee Proceedings: 22 October 2013
26

Defence Reform Bill, continued

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

Not called  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.’.

Clause Agreed to.

Schedule 7 Agreed to.

Clause 45 Agreed to.

Mr Kevan Jones

Withdrawn  52

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

Clause Agreed to.

Clauses 47 and 48 Agreed to.

New Clauses

Recovery of unpaid amounts

Mr Philip Dunne

Agreed to  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.

Public Bill Committee Proceedings: 22 October 2013
27

Defence Reform Bill, continued

(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.

(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

Agreed to  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

Not called  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

Negatived on division  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—

Public Bill Committee Proceedings: 22 October 2013
28

Defence Reform Bill, continued

(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

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

Not called  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.’.

Public Bill Committee Proceedings: 22 October 2013
29

Defence Reform Bill, continued

Publication of data on reserves

Mr Kevan Jones

Negatived on division  NC6

To move the following Clause:—

‘(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

Negatived on division  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

Withdrawn  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.’.

Bill, as amended, to be reported.



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