Session 2013-14
Other Public Bills before Parliament
Bill Home Page
Defence Reform Bill
marshalled
list of Amendments
to be moved
in grand committee
The amendments have been marshalled in accordance with the Instruction of 21st January 2014, as follows—
| Clauses 44 and 45 Schedule 6 Clause 46 Schedule 7 Clause 47 Clause 13 | Schedule 4 Clauses 14 to 38 Schedule 5 Clauses 39 to 43 Clauses 48 to 50 |
[Amendments marked * are new or have been altered]
Clause 46
LORD ROSSER
LORD TUNNICLIFFE
Page 30, line 33, 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.”
Before Clause 47
LORD ASTOR OF HEVER
Insert the following new Clause—
In Part 11 of the Reserve Forces Act 1996 (reserve associations), after section
113 insert—
“113A Duty to prepare report on volunteer reserve forces
(1) An association must prepare an annual report on the state of the
volunteer reserve forces so far as concerns the area for which the
association is established.
(2) A report on the state of the volunteer reserve forces is a report that
sets out the association’s assessment of the capabilities of the
volunteer reserve forces, having regard to the duties that may be
imposed on members of those forces by or under this Act or any
other enactment.
(3) The assessment referred to in subsection (2) must, in particular,
include the association’s views on the effect of each of the following
matters on the capabilities of the volunteer reserve forces—
(a) the recruiting of members for the volunteer reserve forces;
(b) the retention of members of those forces;
(c) the provision of training for those forces;
(d) the upkeep of land and buildings for whose management
and maintenance the association is responsible.
(4) A report under subsection (1) must also set out the association’s
assessment of the provision that is made as regards the mental
welfare of members and former members of the volunteer reserve
forces.
(5) An association must send a report under subsection (1) to the
Secretary of State—
(a) in the case of the first report, before the first anniversary of
the day on which the last Future Reserves 2020 report
prepared before the coming into force of this section was
presented to the Secretary of State, and
(b) in the case of subsequent reports, before the anniversary of
the day on which the first report was laid before Parliament
under subsection (6).
(6) On receiving a report under subsection (1), the Secretary of State
must lay a copy of it before Parliament.
(7) The duties under this section may, instead of being performed by
an association, be performed by a joint committee appointed under
section 116 by two or more associations in relation to their
combined areas.
(8) Where by virtue of subsection (7) a joint committee has the duty to
prepare a report—
(a) references in subsections (1) to (5) to an association are to be
read as if they were to the joint committee, and
(b) section 117(1)(a) (power to regulate manner in which
functions are exercised) has effect as if the reference to
associations were to the joint committee.
(9) In subsection (5)(a), “Future Reserves 2020 report” means a report
prepared by the External Scrutiny Group on the Future Reserves
2020 programme.””
After Clause 47
LORD ROSSER
LORD TUNNICLIFFE
Insert the following new Clause—
The Secretary of State shall publish quarterly recruitment figures and
trained strength numbers for reserve forces against adjusted quarterly
targets.”
Insert the following new Clause—
(1) Section 39 of the Equality Act 2010 (employees and applicants) shall apply
to serving and former members of the Reserve Forces as if membership of
such forces were a protected characteristic under section 4 (the protected
characteristics) 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.”
Insert the following new Clause—
Forces
(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.”
Insert the following new Clause—
(1) The Employment Rights Act 1996 is amended as follows.
(2) After section 63C (Complaints to (employee tribunals)) 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.”.”
Insert the following new Clause—
In section 146 of the Criminal Justice Act 2003 (increase in sentences for
aggravation related to disability or sexual orientation, sexual orientation or
transgender identity)—
(a) in the title of the section, add at the end “
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” means member of the reserve forces and
any relative of a member of the reserve forces”.”.
Insert the following new Clause—
Within one year of enactment, the Secretary of State shall 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, Cm 8655 (2013);
together with his recommendation on its further implementation.”
Clause 33
LORD ASTOR OF HEVER
Page 24, leave out line 21 and insert “single source contract regulations”
Page 24, line 34, leave out subsection (6) and insert—
“( ) The provision that may be made under subsection (1) by virtue of section 42(2) includes power to specify penalties of different amounts according to
the value of the contract to which the contravention relates.”
Page 24, line 37, leave out subsection (7)
Clause 39
LORD ASTOR OF HEVER
Page 26, line 38, leave out “regulations under this Part” and insert “single source
contract regulations”
Clause 42
LORD ASTOR OF HEVER
Page 27, line 33, leave out subsection (4) and insert—
“(4) A statutory instrument containing—
(a) the first single source contract regulations,
(b) provision made by virtue of section 14(2), (6) or (8) (contracts to
which single source contract regulations apply), whether alone or
with other provision, or
(c) provision made by virtue of section 33 (amount of penalty),
whether alone or with other provision,
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(5) Any other statutory instrument containing single source contract
regulations is subject to annulment in pursuance of a resolution of either
House of Parliament.”
Clause 49
LORD ASTOR OF HEVER
LORD PALMER OF CHILDS HILL
LORD ROPER
Page 31, line 35, at end insert—
“( ) No statutory instrument containing an order under subsection (1) in
respect of Part 1 (with or without provision under subsection (4)) is to be
made unless a draft of the instrument has been laid before, and approved
by a resolution of, each House of Parliament.”
LORD ROSSER
LORD TUNNICLIFFE
Page 31, line 35, at end insert—
“(2A) No statutory instrument containing an order under subsection (1) in
respect of Part 1 (with or without provision under subsection (4)) is to be
made unless the Secretary of State has first satisfied the conditions set out
in subsection (2B) below and, subsequent to this, a draft of the instrument
has been laid before, and approved by Parliament, in strict accordance with
the super-affirmative procedure as set out in Schedule (Super-affirmative
procedure for orders under Part 1).
(2B) The conditions that the Secretary of State must fulfil are as follows—
(a) to publish and lay before Parliament an evidence-based impact
assessment which must assess the risks and merits of at least the
following options—
(i) DE&S as modified by the Secretary of State in 2014,
(ii) the arrangements for provision of defence procurement
services as laid out in Part 1 of the Defence Reform Act 2014
(“GoCo”), and
(iii) other options as may be recommended following
consultation with the House of Commons Defence Select
Committee (Defence Select Committee);
(b) to lay before Parliament an independent report setting out the
comparative advantages of the defence procurement arrangements
referred to in paragraph (a)(i) to (iii) above;
(c) to require the Defence Select Committee to review and scrutinise
the independent report referred to in paragraph (b) and report on
its findings to Parliament; and
(d) to lay before Parliament such other documents as the Secretary of
State may deem necessary to properly inform Parliament’s
decision.”