House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

387

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Wednesday 20 November 2013

Report Stage Proceedings

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

Withdrawn  NC1

To move the following Clause:—

‘(1)
The Reserve Forces Act 1996 is 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;

(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.

Report Stage Proceedings: 20 November 2013
388

Defence Reform Bill, continued

(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

Not called  NC2

To move the following Clause:—

‘(1)
The Reserve Forces Act 1996 is amended as follows.

(2)
After section 113(1) insert—

“(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

Negatived on division  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.’.

Report Stage Proceedings: 20 November 2013
389

Defence Reform Bill, continued

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 members of the reserve forces

Mr Kevan Jones

Vernon Coaker

Alison Seabeck

Not called  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.

(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

Vernon Coaker

Alison Seabeck

Mr Kevan Jones

Not selected  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

Report Stage Proceedings: 20 November 2013
390

Defence Reform Bill, continued

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

Leave entitlement for reserve forces

Thomas Docherty

Vernon Coaker

Alison Seabeck

Mr Kevan Jones

Negatived on division  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.

(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

Report Stage Proceedings: 20 November 2013
391

Defence Reform Bill, continued

which they shall receive their military pay.

Publication of data on reserves

Mr Kevan Jones

Vernon Coaker

Alison Seabeck

Not called  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

Not called  NC8

To move the following Clause:—

‘(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

Intelligence and Security 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

Intelligence and Security Committee has reported to Parliament on the strength

of those arrangements.’.

Transfer of employees: end of contract

John McDonnell

Not called  NC9

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

Report Stage Proceedings: 20 November 2013
392

Defence Reform Bill, continued

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

undertake defence procurement services.’.

John McDonnell

Not called  16

Clause  1,  page  1,  line  11,  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

Not called  17

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

Vernon Coaker

Not called  5

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

‘(6A)
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

(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

Not called  9

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

Not called  10

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

Not called  11

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

Report Stage Proceedings: 20 November 2013
393

Defence Reform Bill, continued

‘(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

Not called  14

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

Not called  15

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

Not called  8

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

(d)
that it reports on the impact of qualifying defence contracts on the UK

defence industrial base and supply chains as part of its annual reporting

process.’.

Alison Seabeck

Mr Kevan Jones

Not called  6

Clause  26,  page  19,  line  7,  at end insert—

‘(d)
an event may include an occurrence in relation to the primary

contractor’s activities or services outside of the qualifying defence

contract, if it has a material effect on the qualifying defence contract.’.

Alison Seabeck

Mr Kevan Jones

Not called  7

Clause  27,  page  19,  line  37,  at end insert—



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