Armed Forces Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 19th July 2011, as follows—

Clauses 1 to 14
Schedule 1
Clauses 15 to 26
Schedule 2
Clauses 27 to 29
Schedule 3
Clause 30
Schedules 4 and 5
Clauses 31 to 34

[Amendments marked * are new or have been altered]

Clause 2

LORD CRAIG OF RADLEY

LORD BOYCE

1

Page 2, line 3, leave out from “section” to “Armed” in line 4 and insert “339 of AFA 2006 insert—

“Armed forces covenant

339A””

THE LORD BISHOP OF WAKEFIELD

LORD RAMSBOTHAM

LORD TOUHIG

2

Page 2, line 4, leave out from beginning to end of line 26 on page 3 and insert—

““359A Review of armed forces welfare

(1) The Secretary of State shall be required to hold an independent review of the welfare needs of and provision for serving armed forces personnel and veterans not less than once every four years; and the first such review shall happen not later than 18 months after the Armed Forces Act 2011 is passed.

(2) The Secretary of State shall appoint a Reviewer of Armed Forces Welfare (“the Reviewer”).

(3) The Reviewer shall monitor and report on the provision of welfare services for armed forces personnel and veterans; in particular, the Reviewer shall consider and make recommendations about—

(a) the fulfilment of the duty of care to bereaved service families;

(b) injured and ill service personnel and their ongoing support, care and wellbeing;

(c) the appropriate provision of health services for veterans;

(d) how obligations under the armed forces covenant are being met.

(4) The Reviewer shall consider other issues as the Reviewer sees fit, unless prevented from doing so by an order made under subsection (5).

(5) The Secretary of State may by order made by statutory instrument prevent the Reviewer from investigating certain areas if the Secretary of State reasonably believes that to do so would risk—

(a) national security;

(b) operational requirements and efficiency.

(6) The Secretary of State shall pay remuneration and allowances to the Reviewer.

(7) The Secretary of State—

(a) shall before the beginning of each financial year specify a maximum sum which the Reviewer may spend on functions for that year,

(b) may permit that to be exceeded for a specified purpose, and

(c) shall defray the Reviewer’s expenditure for each financial year subject to paragraphs (a) and (b).

(8) The Reviewer shall hold and vacate office in accordance with terms of appointment (which may include provision about retirement, resignation or dismissal).

(9) The Reviewer may appoint staff.

(10) The Reviewer shall report in writing to the Secretary of State—

(a) at least once every four calendar years, in relation to the production of a full welfare audit as set out in subsection (3);

(b) annually on progress made in meeting the welfare needs of armed forces personnel;

(c) at other times as requested by the Secretary of State in relation to specified matters.

(11) The Secretary of State shall lay before Parliament a copy of any report received under subsection (10).

(12) But a copy of a report laid under subsection (11) may omit material if the Secretary of State thinks that its publication—

(a) is undesirable for reasons of national security,

(b) may affect operational efficiency, or

(c) might jeopardise an individual’s safety.””

LORD CRAIG OF RADLEY

LORD BOYCE

3

Page 2, line 5, leave out “Secretary of State” and insert “Minister with responsibility for veterans policy”

LORD ROSSER

LORD TUNNICLIFFE

4

Page 2, line 7, at end insert—

“( ) The Secretary of State must in each calendar year publish alongside the covenant report—

(a) any observations from the External Reference Group; and

(b) the results of any additional consultation with service charities and groups, and any other interested parties inside and outside Government.”

5

Page 2, leave out lines 8 to 12 and insert—

“(2A) The armed forces covenant report shall cover the following fields as they apply to service people—

(a) education;

(b) accommodation;

(c) healthcare;

(d) mental healthcare;

(e) pensions and benefits;

(f) employment and training;

(g) support for reservists and their employers;

(h) the running of the Armed Forces Compensation Scheme;

(i) progress on armed forces rehabilitation services; and

(j) such other fields as the External Reference Group may determine.”

BARONESS DRAKE

LORD JUDD

BARONESS LISTER OF BURTERSETT

BARONESS MASSEY OF DARWEN

6

Page 2, line 10, at end insert “, including minors under the age of 18 years”

LORD ROSSER

LORD TUNNICLIFFE

BARONESS FINLAY OF LLANDAFF

7

Page 2, line 11, after “housing” insert—

“( ) in the operation of inquests;”

BARONESS DRAKE

LORD JUDD

BARONESS LISTER OF BURTERSETT

BARONESS MASSEY OF DARWEN

8

Page 2, line 22, at end insert “; and

(d) the effects of membership or former membership of the armed forces on the physical and mental welfare, education and employment of service people who enlisted below the age of 18 years (including those who have, at the time of the report, attained the age of 18 years), together with any other matters in relation to such persons as the Secretary of State may determine.”

LORD LEE OF TRAFFORD

BARONESS TAYLOR OF BOLTON

LORD STIRRUP

LORD GLENARTHUR

9

Page 2, line 22, at end insert—

“( ) An armed forces covenant report must include a statement from—

(a) the Secretary of State for Health,

(b) the Secretary of State for Education, and

(c) the Secretary of State for Communities and Local Government,

to the effect that in their view the provisions of the report are compatible with subsection (2)(a).”

LORD PALMER OF CHILDS HILL

10

Page 2, line 22, at end insert—

“( ) An armed forces covenant report must state what progress has been made between the Ministry of Defence and housing associations towards improved housing accommodation for service people.”

LORD KAKKAR

LORD PATEL

11*

Page 2, line 32, at end insert—

“(5A) Before publishing each armed forces covenant report the Secretary of State must commission research into healthcare issues affecting service people, including issues related to access to healthcare facilities.

(5B) An armed forces covenant report must include a summary of such research and its principal findings.”

LORD RAMSBOTHAM

LORD BOYCE

12

Page 2, line 39, at end insert—

“( ) An armed forces covenant report must—

(a) state whether, in the calendar year covered by the report, the Minister of the Crown with specific responsibility for former members of Her Majesty’s forces is in the Cabinet Office, and

(b) if that Minister is not situated there, give reasons why not.”

LORD RAMSBOTHAM

13

Page 2, line 39, at end insert—

“( ) An armed forces covenant report must state what contribution to the preparation of the report was made by each government department with primary responsibility for each field covered by the report.

( ) Where an armed forces covenant report states that special provision for former service people or particular descriptions of former service people is justified, it must also state in respect of each field covered by the report what particular duties are imposed on each government department with primary responsibility for each field.”

LORD EMPEY

LORD CRAIG OF RADLEY

14

Page 2, line 39, at end insert—

“( ) Where an armed forces covenant report states that special provision for service people or particular descriptions of service people is justified, it must also state how the Secretary of State will seek to ensure that the special provision made is broadly the same in England, Northern Ireland, Scotland and Wales.”

15

Page 2, line 39, at end insert—

“( ) An armed forces covenant report must state what contribution to the preparation of the report was made by—

(a) each government department with primary responsibility for each field covered by the report,

(b) the Northern Ireland Executive,

(c) the Scottish Government, and

(d) the Welsh Assembly Government.

( ) Where an armed forces covenant report states that special provision for service people or particular descriptions of service people is justified it must also state in respect of each field covered by the report what particular duties are imposed on—

(a) each government department with primary responsibility for each field covered by the report,

(b) the Northern Ireland Executive,

(c) the Scottish Government, and

(d) the Welsh Assembly Government.”

LORD ROSSER

LORD TUNNICLIFFE

16

Page 2, line 39, at end insert—

“( ) In this section “External Reference Group” means an independently chaired body of interested parties who represent the armed forces, families, veterans and reservists communities, appointed by the Cabinet Office to monitor progress and hold departments to account in the delivery of government obligations arising from the armed forces covenant.”

After Clause 2

LORD ROSSER

LORD TUNNICLIFFE

17

Insert the following new Clause—

“Armed forces advocates

After section 359 of AFA 2006 insert—

“359B Armed forces advocates

(1) The existing network of armed forces advocates will be extended through the nomination of supporting advocates at regional and local level to ensure that local authorities work together to identify and resolve issues in local policy or the delivery of services that may affect service people.

(2) In this section “armed forces advocate” means a public servant nominated to monitor and resolve policy or legislative issues that arise for service people.””

18

Insert the following new Clause—

“Duties of public bodies and Ministers

(1) In preparing policy, public bodies and Ministers must have regard to those matters to which the Secretary of State is to have regard in preparing an armed forces covenant report under subsection (2A) of the inserted section 359A of AFA 2006.

(2) In preparing policy, public bodies and Ministers must consider whether the making of special provision for service people or particular descriptions of service people would be justified.”

19

Insert the following new Clause—

“Duties of Ombudsmen and covenant commitments

After section 359 of AFA 2006 insert—

“359C Duties of Ombudsmen and covenant commitments

The Parliamentary and Local Government Ombudsmen shall have the duty to investigate complaints from service personnel that a public body or local authority has failed to meet the commitments outlined in The Armed Forces Covenant and The Armed Forces Covenant: Today and Tomorrow.””

20

Insert the following new Clause—

“Powers of the Service Complaints Commissioner

In section 339 of AFA 2006 after subsection (1) insert—

“(1A) The report of the Service Complaints Commissioner (“the Commissioner”) made under subsection (1) may include the results of any investigation by the Commissioner into potential defects in the service complaints system, and any recommendations flowing from such investigations.””

21

Insert the following new Clause—

“Duty to respond to Service Complaints Commissioner’s report

In section 339 of AFA 2006 after subsection (4) insert—

“(4A) There is a duty placed on the Defence Council to respond to any report produced by the Service Complaints Commissioner under this section within six months of it being laid, and within three months if the Service Complaints Commissioner’s report makes recommendations on an individual case.””

22

Insert the following new Clause—

“Affirming membership of armed forces ahead of eighteenth birthday

All members of the armed forces who have not yet attained the age of 18 must, no later than three months before their eighteenth birthday, affirm in writing to their commanding officer if they wish to continue to serve in the armed forces.”

Clause 9

LORD ROSSER

LORD TUNNICLIFFE

23

Page 7, line 36, at end insert—

“( ) The Railways and Transport Safety Act 2003 is amended as follows—

(a) in Part 4 (shipping: alcohol and drugs), omit section 90 (crown application, &c);

(b) in Part 5 (aviation: alcohol and drugs), omit section 101 (military application).”

After Clause 11

BARONESS FINLAY OF LLANDAFF

24*

Insert the following new Clause—

“Procedure on arrest for substance abuse, violence against the person or damage to property

After section 74 of AFA 2006 insert—

“Procedure on arrest for substance abuse, violence against the person or damage to property

(1) If a person subject to service law—

(a) has been arrested on suspicion of committing an offence,

(b) would be the person’s first offence, and

(c) the offence is related to substance abuse, violence against a person or damage to property,

prior to any decision as to charge, the prosecuting authority shall consider diverting the person for specialist services to assist with substance abuse and mental health treatment either in the community or through existing services in Her Majesty’s armed forces.

(2) The prosecuting authority shall also commission and obtain a psychiatric assessment of the arrested person in order to assess that person’s needs and manage that person safely.

(3) No decision to charge the arrested person shall be made at the time of arrest and such a decision shall take place only when the prosecuting authority has consulted the specialist services involved and reviewed the psychiatric assessment.

(4) The above conditions do not apply unless, at the time of arrest, the arrested person was serving in Her Majesty’s armed forces.””

After Clause 23

LORD TOUHIG

25

Insert the following new Clause—

“Committee on the Grant of Medals to Service Members

After section 359 of AFA 2006 insert—

“359B Committee on the Grant of Medals to Service Members

(1) There shall be a Committee, to be known as the Committee on the Grant of Medals to Service Members, to make recommendations to Her Majesty on the grant of medals to service members.

(2) The Committee shall consist of nine members—

(a) three of whom shall be drawn from the members of the House of Commons;

(b) three of whom shall be drawn from the members of the House of Lords;

(c) three of whom shall be persons the Secretary of State considers to represent service members; and

(d) none of whom shall be a Minister of the Crown.

(3) The members of the Committee shall be appointed by the Secretary of State, and one shall be so appointed as chair of the Committee.

(4) Before appointing members of the House of Commons or the House of Lords, the Secretary of State shall consult the Leader of the Opposition (within the meaning of the Ministerial and other Salaries Act 1975).

(5) The Committee shall make an annual report on the discharge of its functions to the Secretary of State, and the Secretary of State shall lay before each House of Parliament a copy of each annual report.

(6) The Committee on the Grant of Honours, Decorations and Medals shall cease to have a role in advising on or making recommendations about the grant of medals to service people.

(7) In this section “service people” means—

(a) members of the regular forces or reserve forces;

(b) members of British overseas territory forces who are subject to service law; and

(c) former members of any of Her Majesty’s forces.””

LORD CRAIG OF RADLEY

26

Insert the following new Clause—

“Commonwealth medals

After section 339 of AFA 2006 insert—

“339A Commonwealth medals

Medals awarded by Commonwealth governments to present or former members of Her Majesty’s armed forces may be worn without restriction.””

LORD PALMER OF CHILDS HILL

27

Insert the following new Clause—

“National defence medal

After section 339 of AFA 2006 insert—

“339A National defence medal

All serving and former members of Her Majesty’s armed forces must be awarded the national defence medal in recognition of their role in defending the United Kingdom and its interests nationally and internationally.””

LORD KAKKAR

LORD PATEL

28*

Insert the following new Clause—

“NHS numbers for discharged service people

(1) Section 331 of AFA 2006 (Discharge etc from the regular forces and transfer to the reserve forces) is amended as follows.

(2) After subsection (4) insert—

“(5) The Defence Council must also make regulations about—

(a) the creation of a database of NHS numbers given to those who are discharged from the Armed Services to facilitate future research.””

Clause 24

LORD ROSSER

LORD TUNNICLIFFE

 

The above-named Lords give notice of their intention to oppose the Question that Clause 24 stand part of the Bill.

Prepared 5th September 2011