Session 2013 - 14
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Other Bills before Parliament


 
 

1269

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Monday 18 November 2013

 

New Amendments handed in are marked thus Parliamentary Star

 

Consideration of Bill


 

Defence Reform Bill, As Amended


 

new clauses

 

Annual report by scrutiny group of reserve forces and cadets associations

 

Mr Julian Brazier

 

Ms Gisela Stuart

 

Richard Ottaway

 

Sir Edward Leigh

 

Mr Dai Havard

 

Mr Jeffrey M. Donaldson

 

Mr Richard Bacon

 

David T. C. Davies

 

Mr Henry Bellingham

 

Jeremy Lefroy

 

Sir Peter Bottomley

 

Oliver Colvile

 

Jim Dobbin

 

Dr Sarah Wollaston

 

Mr David Ruffley

 

Priti Patel

 

Rory Stewart

 

Mr Adam Holloway

 

Jason McCartney

 

Mr Philip Hollobone

 

Mr Peter Bone

 

Jim Shannon

 

Sir Gerald Howarth

 

Nick de Bois

 

Tracey Crouch

 

Mr Ian Liddell-Grainger

 

Lady Hermon

 

Dan Byles

 

Steve Baker

 

Mrs Madeleine Moon

 

Mr David Davis

 

Mr Brian Binley

 

Sir Tony Baldry

 

Sir Bob Russell

 

Mr Bernard Jenkin

 

Nicholas Soames

 

Mr Laurence Robertson

 

Mr James Gray

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Reserve Forces Act 1996 be amended as follows.

 

(2)    

After section 112(3) insert—

 

“(4)    

In respect of subsections (2) and (3), it shall be the duty of the Council of

 

RFCAs to provide an external scrutiny group to report annually in July to

 

the Secretary of State on the state of the reserves, making particular

 

reference to—

 

(a)    

provisions for recruitment and retention;


 
 

Notices of Amendments: 18 November 2013                  

1270

 

Defence Reform Bill, continued

 
 

(b)    

the upkeep of estates owned or controlled by RFCAs;

 

(c)    

support arrangements;

 

(d)    

training facilities; and

 

(e)    

any other factors which have a bearing on reserve effectiveness.

 

(5)    

The Secretary of State shall by Order lay the report before Parliament.

 

(6)    

The membership of the external scrutiny group shall include—

 

(a)    

the Chairman of the Council of RFCAs as chair;

 

(b)    

five other members to include—

 

(i)    

representation balancing reserve and regular service

 

across the three armed forces; and

 

(ii)    

at least one independent civilian member with a broader

 

understanding of defence issues;

 

(c)    

specialist members.

 

(7)    

Specialist members of the external scrutiny group may be appointed by

 

the Council of RFCAs from time to time, but shall not be permanent

 

members.

 

(8)    

The Defence Council shall by Order provide compensation for specialist

 

members of the external scrutiny group for the purposes of subsistence or

 

other reasonable expense encountered in the course of work undertaken

 

in this capacity.”.’.

 


 

Duties and powers of reserve forces and cadets associations

 

Mr Julian Brazier

 

Ms Gisela Stuart

 

Richard Ottaway

 

Sir Edward Leigh

 

Mr Dai Havard

 

Mr Jeffrey M. Donaldson

 

Mr Richard Bacon

 

David T. C. Davies

 

Mr Henry Bellingham

 

Jeremy Lefroy

 

Sir Peter Bottomley

 

Oliver Colvile

 

Jim Dobbin

 

Dr Sarah Wollaston

 

Mr David Ruffley

 

Priti Patel

 

Rory Stewart

 

Mr Adam Holloway

 

Jason McCartney

 

Mr Philip Hollobone

 

Mr Peter Bone

 

Jim Shannon

 

Sir Gerald Howarth

 

Nick de Bois

 

Tracey Crouch

 

Mr Ian Liddell-Grainger

 

Lady Hermon

 

Dan Byles

 

Steve Baker

 

Mrs Madeleine Moon

 

Mr David Davis

 

Mr Brian Binley

 

Sir Bob Russell

 

Mr Laurence Robertson

 

Mr James Gray

 

NC2

 

To move the following Clause:—

 

‘(1)    

The Reserve Forces Act 1996 be amended as follows.

 

(2)    

After section 113(1) insert—


 
 

Notices of Amendments: 18 November 2013                  

1271

 

Defence Reform Bill, continued

 
 

“(1A)    

In deciding which of the matters set out under subsection (2) should be

 

transferred or assigned to the associations, the Secretary of State should

 

take account of—

 

(a)    

the cost effectiveness of associations as compared with wider

 

defence operations; and

 

(b)    

the ownership of the particular site.”.’.

 


 

Report on Future Reserves 2020

 

Mr John Baron

 

Mr David Davis

 

Mr Nigel Dodds

 

Mr William Cash

 

John Hemming

 

Mr James Clappison

 

Mr Brian Binley

 

Mr Peter Bone

 

Andrew Bridgen

 

Mr Christopher Chope

 

Philip Davies

 

Mr Jeffrey M Donaldson

 

Richard Drax

 

Mr Philip Hollobone

 

Dr Julian Lewis

 

Mr Ian Liddell-Grainger

 

Jack Lopresti

 

Mr David Nuttall

 

Andrew Rosindell

 

Bob Stewart

 

Mr Bernard Jenkin

 

Mrs Anne Main

 

Sir Peter Bottomley

 

Andrew Percy

 

Mr Jim Cunningham

 

Mr James Gray

 

NC3

 

To move the following Clause:—

 

‘(1)    

Within one month of the passage of this Act, the Secretary of State shall make and

 

lay before Parliament a report on the viability and cost effectiveness of the plans

 

set out in Reserves in the Future Force 2020: Valuable and Valued, Cmd 8655,

 

together with his recommendation on its further implementation.

 

(2)    

Further implementation of the plans shall be halted 40 days after the laying of the

 

report unless both Houses shall have resolved to approve the recommendation

 

from the Secretary of State contained in the report.’.

 

Member’s explanatory statement

 

Provides for a Government report detailing the viability and cost-effectiveness of the plans set out

 

in the White Paper on Reserves (Cmd 8655). Both Houses must approve the report and the Secre­

 

tary of State’s subsequent recommendation in order for the implementation of the reforms to re­

 

serve forces to continue.

 


 

Mental health provision for memebers of the reserve forces

 

Mr Kevan Jones

 

NC4

 

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.


 
 

Notices of Amendments: 18 November 2013                  

1272

 

Defence Reform Bill, continued

 
 

(2)    

The report shall include information and 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.’.

 


 

Amendment of Criminal Justice Act 2003

 

Thomas Docherty

 

NC5

 

To move the following Clause:—

 

‘In section 146 of the Criminal Justice Act 2003 (increase in sentences for

 

aggravation related to disability or sexual orientation, sexual orientation or

 

transfender identity)—

 

(a)    

in the title of the section, add at end “or status as a service person”;

 

(b)    

after subsection (2)(a)(iii) insert “or—

 

(iv)    

the victim being, or being presumed to be, a service person.”;

 

(c)    

after subsection (2)(b)(iii) insert “or—

 

(iv)    

by hostility towards service people.”; and

 

(d)    

after subsection (6) insert—

 

“(7)    

In this section “service person” has the meaning given in section

 

343B of the Armed Forces Act 2006, except that “relevant family

 

member” shall mean any relative.”.’.

 

Member’s explanatory statement

 

This would amend the 2003 Criminal Justice Act so that a physical or verbal assault upon a mem­

 

ber of the Armed Forces or their family would be classed as an aggravated crime where the pros­

 

ecution can establish that service in the Armed Forces was the motive for the assault.

 


 

Leave entitlement for reserve forces

 

Thomas Docherty

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Employment Rights Act 1996 is amended as follows.

 

(2)    

After section 63C insert—

 

“63CA

 Right to time off for reserve forces

 

(1)    

An employee who is a member of a reserve force (as defined in section

 

374 of the Armed Forces Act 2006) is entitled to be permitted by his

 

employer to take time off during the employee’s working hours in order

 

to undertake training activities connected to the reserve force.


 
 

Notices of Amendments: 18 November 2013                  

1273

 

Defence Reform Bill, continued

 
 

(2)    

An employee’s entitlement to time off under subsection (1) is limited to

 

14 days maximum.

 

(3)    

An employee is not entitled to paid remuneration by his employer for

 

time off under subsection (1).

 

(4)    

This section does not apply to employees of companies with fewer than

 

50 employees.

 

63CB  

Complaints to employment tribunals

 

(1)    

An employee may present a complaint to an employment tribunal that his

 

employer has unreasonably refused to permit him to take time off as

 

required by section 63CA.

 

(2)    

An employment tribunal shall not consider a complaint under this section

 

unless it is presented—

 

(a)    

before the end of the period of three months beginning with the

 

day on which the time off was taken or on which it is alleged the

 

time off should have been permitted, or

 

(b)    

within such further period as the tribunal considers reasonable in

 

a case where it is satisfied that it was not reasonably practicable

 

for the complaint to be presented before the end of that period of

 

three months.

 

(3)    

Where an employment tribunal finds a complaint under this section well-

 

founded, the tribunal shall make a declaration to that effect.”.’.

 

Member’s explanatory statement

 

A reservist would be entitled to two weeks statutory additional unpaid leave from their employment

 

(where the company has more than 50 employees) for the purpose of reserve forces training, for

 

which they shall receive their military pay.

 


 

Publication of data on reserves

 

Mr Kevan Jones

 

NC7

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall publish quarterly recruitment figures and trained

 

strength numbers of the reserve forces against adjusted quarterly targets.’.

 


 

Transfer of confidential information to a contractor

 

John McDonnell

 

NC8

 

Parliamentary Star    

To move the following Clause:—


 
 

Notices of Amendments: 18 November 2013                  

1274

 

Defence Reform Bill, continued

 
 

‘(1)    

Details of arrangements for the provision of access to, or transfer of, confidential

 

information to a defence contractor under section 1 shall be provided to the

 

Security and Intelligence Committee prior to being brought into force.

 

(2)    

Arrangements for the provision of access to, or transfer of, confidential

 

information to, defence contractor may not be brought into force until the

 

Security and Intelligence Committee has reported to Parliament on the strength

 

of those arrangements.’.

 


 

Transfer of employees: end of contract

 

John McDonnell

 

NC9

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The TUPE negotiations apply to the transfer of a relevant understanding or any

 

part of it by virtue of arrangements mentioned in section 1, where a contract

 

entered into by the Secretary of State under section 1 has come to an end.

 

(2)    

The TUPE regulations apply to the transfer of a relevant undertaking either—

 

(a)    

to a different company appointed to deliver defence procurement

 

services under section 1, or

 

(b)    

to DE & S or any other relevant public sector body established to

 

undertake defence procurement services.’.

 


 

John McDonnell

 

16

 

Parliamentary Star    

Clause  1,  page  1,  line  2,  leave out sub-paragraph (ii) and insert—

 

‘(ii)    

to manage and direct some or all of the persons who are employed in the

 

civil service of the state in or in connection with DE & S,’.

 

John McDonnell

 

17

 

Parliamentary Star    

Clause  1,  page  2,  line  30,  leave out sub-paragraph (ii) and insert—

 

‘(ii)    

to manage and direct some or all of the persons who are employed in the

 

civil service of the state in or in connection with that undertaking

 

immediately before the time the company is to become their employer.’.

 

Alison Seabeck

 

Mr Kevan Jones

 

5

 

Parliamentary Star    

Clause  1,  page  2,  line  42,  at end insert—

 

‘(7A)    

Arrangements mentioned in this section may not be implemented until the

 

Secretary of State has—

 

(a)    

commissioned from the National Audit Office an independent audit of—

 

(i)    

the competition process undertaken between any companies

 

bidding to provide defence procurement services under a

 

contract to be made under subsection (1)(a), and


 
 

Notices of Amendments: 18 November 2013                  

1275

 

Defence Reform Bill, continued

 
 

(ii)    

the decision-making process undertaken to determine whether to

 

implement provisions under subsection (1);

 

    

and

 

(b)    

laid the conclusions of both such reports before Parliament.’.

 

John McDonnell

 

9

 

Parliamentary Star    

Clause  1,  page  2,  line  46,  at end insert—

 

‘(7A)    

Arrangements mentioned in this section may not be brought into force until the

 

Secretary of State has—

 

(a)    

consulted with NATO signatories; and

 

(b)    

laid a report with the conclusions of this consultation before Parliament.’.

 

John McDonnell

 

10

 

Parliamentary Star    

Clause  1,  page  2,  line  46,  at end insert—

 

‘(7A)    

Arrangements mentioned in this section may not be brought into force until the

 

Secretary of State has consulted with MoD staff and relevant trade unions.’.

 

John McDonnell

 

11

 

Parliamentary Star    

Clause  1,  page  2,  line  46,  at end insert—

 

‘(7A)    

Arrangements mentioned in this section may not be brought into force until the

 

Secretary of State has consulted with MoD staff and secured the agreement of the

 

relevant trade unions.’.

 


 

John McDonnell

 

14

 

Parliamentary Star    

Clause  2,  page  3,  line  39,  at end insert—

 

‘(2A)    

The Secretary of State must, prior to granting financial assistance, lay before

 

Parliament a report detailing the terms of the financial assistance being granted.’.

 

John McDonnell

 

15

 

Parliamentary Star    

Clause  2,  page  3,  line  39,  at end insert—

 

‘(2A)    

Financial assistance shall be granted through draft statutory instrument laid

 

before and approved by resolution of each House of Parliament.’.

 


 

John Woodcock

 

8

 

Parliamentary Star    

Clause  13,  page  9,  line  26,  at end insert—

 

‘(c)    

that it gives regard to promoting the growth of the UK defence industrial

 

base and its associated supply chains through government expenditure on

 

qualifying defence contracts, and


 
contents continue
 

© Parliamentary copyright
Revised 19 November 2013