APPENDIX
SELECT COMMITTEE
Armed Forces Bill
AMENDMENTS TO CLAUSES
Mr John Spellar
1
Clause 10, page 10, line
43, leave out from beginning to second "person"
and insert "Any person searching another".
Mr John Spellar
2
Clause 10, page 11, line
9, leave out "subsections (10) and (11)" and
insert "subsection (11)".
Mr John Spellar
3
Clause 14, page 13, line
10, leave out from "Where" to "may"
in line 14 and insert "a power is conferred on any person
by or under this Part, the person on whom the power is conferred".
Mr John Spellar
4
Clause 16, page 13, leave
out lines 39 to 41.
Mr John Spellar
5
Clause 16, page 14, line
5, after "offence" insert "(within the meaning
of the Army Act 1955, the Air Force Act 1955 or the 1957 Act)".
Mr John Spellar
6
Clause 16, page 14, line
22, leave out ""stolen goods"" and
insert "" stolen", in relation to an article,".
Mr John Spellar
7
Clause 20, page 16, line
22, leave out from "Act" to end of line 24.
Mr Paul Keetch
35
Clause 31, page 31, line
15, leave out subsections (2) to (7) and insert—
' (2) Members of the Ministry of Defence
Police shall, on request of a Chief Constable of a Home Office
Police Force adjacent to land defined in 2(2) (a) (b) (c) of the
Ministry of Defence Police Act 1987, and by agreement with the
Chief Constable of the Ministry of Defence Police, be attested
as Special Constables of the Home Office Police Force in that
area, under the Police Act 1996.
(3) When taking part in any operations
or investigations which may result in the prosecution of individuals
or groups of individuals not employed by the Secretary of State
for Defence or the Defence Council or subject to the control of
the Defence Council, members of the Ministry of Defence Police
shall act in their capacity of Special Constables of a Home Office
Police Force, responsible to the Chief Constable of the Home Office
Police Force in which they are attested.'.
Mr Robert Key, Mr Davies, Mr Randall
38
Clause 31, page 31, line
19, leave out 'or on behalf of'.
Mr Robert Key, Mr Davies, Mr Randall
39
Clause 31, page 31, line
23, leave out 'or on behalf of'.
Mr Robert Key, Mr Davies, Mr Randall
40
Clause 31, page 31, line
26, leave out 'or on behalf of'.
Mr Robert Key, Mr Davies, Mr Randall
41
Clause 31, page 31, line
26, after 'the' insert 'Ministry of Defence Police Committee
and the'.
Mr Robert Key, Mr Davies, Mr Randall
36
Clause 31, page 31, line
41, at end insert—
'(2A) After subsection (2) there shall
be inserted—
"(2A) Any request made, or agreement
given, under subsection (2) above shall be made in written form.
(2B) All requests made, and agreements
given, under subsection (2) above shall be listed in the annual
report of the Chief Constable, and copies will be made available
for public inspections in accordance with arrangements agreed
by the Ministry of Defence Police Committee.".'
Mr Robert Key, Mr Davies, Mr Randall
37
Clause 31, page 32, line
9, at end insert—
'(3A) After subsection (3) there is
inserted—
"(3A) Where a person arrested under
the provisions of subsection (3) above is subsequently charged
with—
(a) an offence of
(i) murder, or
(ii) manslaughter, or
(iii) rape, or
(iv) attempted murder, or
(v) attempted rape, or
(b) an offence under the Official Secrets
Act,
it shall be the duty of the Chief Constable
of the Ministry of Defence Police to request the Chief Officer
of another police force to continue any investigation or further
proceedings.".'
Mr Robert Key, Mr Davies, Mr Randall
42
Clause 31, page 32, line
19, after 'Northern Ireland' insert 'and be subject to
both the authority of the assisted constable or force and be subject
to the same laws, procedures and disciplinary procedures as the
assisted constable or police force.'
Mr John Spellar
8
Clause 33, page 34, line
33, after "amend" insert "repeal or revoke".
Mr John Spellar
9
Clause 33, page 34, line
34, leave out from "Act)" to end of line 36.
Mr John Spellar
10
Clause 34, page 36, line
23, at beginning insert "as to the".
Mr John Spellar
11
Clause 34, page 36, line
41, leave out from beginning to "as" in line
42 and insert "any provision of Part V of the Police and
Criminal Evidence Act 1984".
Mr John Spellar
12
Clause 37, page 38, line
28, leave out "amends" and insert "by virtue
of section 30(4)(e) or 33(6)(c) makes any provision adding to,
replacing or omitting any part of the text of".
Mr John Spellar
13
Clause 38, page 39, line
7, leave out "this Act specified in subsection (2)"
and insert, "section 20 of this Act".
Mr John Spellar
14
Clause 38, page 39, line
9, at end insert -
"(1A) Her Majesty may by Order
in Council direct that any of the provisions of this Act specified
in subsection (2) shall extend, with such exceptions and modifications
as appear to Her Majesty to be appropriate, to the Channel Islands
and the Isle of Man.".
Mr John Spellar
15
Clause 38, page 39, line
10, leave out "(1)" and insert, "(1A)".
Mr John Spellar
16
Clause 38, page 39, leave
out line 12.
Mr John Spellar
17
Clause 41, page 39, line
29, at end insert -
"section 37,
section 38,".
Mr John Spellar
18
Clause 41, page 40, line
4, leave out "Scottish force" and insert "police
force in Scotland".
Mr John Spellar
19
Clause 41, page 40, line
7, leave out subsection (6).
NEW CLAUSES
Mr Paul Keetch
NC 1
To move the following Clause:—
'Joint Committee
After Section 2 of the Ministry of Defence
Police Act 1987 there is inserted the following section—
"2A.- (1) There shall be a
Joint National Home Office Police and Ministry of Defence Police
Committee, its purpose being to advise the Secretary of State
for the Home Department and Secretary of State for Defence, as
they may require, on all matters concerning operations and liaison
between the Home Office Police Forces and the Ministry of Defence
Police.
(2) At least two thirds of the members
of the Committee shall be appointed by the Secretary of State
for the Home Department and the remainder shall be appointed by
the Secretary of State for Defence.
(3) The Committee shall make an annual
report to the Secretary of State for the Home Department, which
he shall present to Parliament.".'
Mr Robert Key, Mr Davies, Mr Randall
NC2
To move the following Clause:—
'Complaints and disciplinary procedures
After Section 2 of the Ministry of Defence
Police Act 1987, there is inserted the following section—
"2A.- (1) Within twelve months
of the coming into effect of this Section, the Secretary of State
shall make regulations applying, with appropriate amendments and
exclusions, the provisions of Chapter I of Part IV of the Police
Act 1996 to the Ministry of Defence Police.
(2) Regulations made under this section
shall be made by statutory instrument and shall not be made unless
a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.
(3) The power of the Secretary of State
to make regulations under this section includes the power to make
such incidental, consequential or transitional provisions as he
thinks fit.".'
AMENDMENTS TO SCHEDULES
Mr John Spellar
20
Schedule 2, page 49, line
2, leave out "Army" and insert "Air Force"
Mr John Spellar
21
Schedule 2, page 52, leave
out lines 31 to 39 and insert -
"(a) he is of or above the rank
of lieutenant and has held a commission in any of Her Majesty's
naval, military or air forces for a period of not less than three
years, or for periods amounting in the aggregate to not less than
three years, or
(b) immediately before he received his
commission, he was a warrant officer in any of those forces.".
Mr John Spellar
22
Schedule 2, page 52, line
44, leave out from beginning to "unless" in line
48 and insert-
"(a) shall not include any warrant
officer, unless the court-martial is for the trial of a person
of a rank or rate below that of warrant officer,
(b) shall not include any officer who
qualifies under subsection (3) above only by virtue of paragraph
(b) of that subsection,".
Mr John Spellar
23
Schedule 2, page 53, line
30, leave out "the Naval Discipline Act 1957"
and insert "this Act".
Mr John Spellar
24
Schedule 2, page 53, line
33, leave out "the Naval Discipline Act 1957"
and insert "this Act".
Mr John Spellar
25
Schedule 4, page 61, line
42, leave out "75J(2)(a)" and insert "75J(2)(b)".
Mr John Spellar
26
Schedule 4, page 63, line
21, leave out "75J(2)(a)" and insert "75J(2)(b)".
Mr Robert Key, Mr Davies, Mr Randall
43
Schedule 5, page 64, line
40, at end insert—
'1A. After Section 1 of that Act there
is inserted—
"Reports by chief constables
1A.—(1) The chief constable shall,
as soon as possible after the end of each financial year, submit
to the Ministry of Defence Police Committee a general report on
the activities of the Ministry of Defence Police during that year.
(2) The chief constable shall arrange
for the report submitted by him under subsection (1) to be published
in such manner as appears to him to be appropriate.
(3) The chief constable shall, whenever
so required by the Committee, submit to it a report on such matters
as may be specified in the requirement.
(4) A report submitted under subsection
(3) shall be in such form as the Committee may specify.
(5) If it appears to the chief constable
that a report in compliance with subsection (3) would contain
information which in the public interest ought not be disclosed
he may refer the requirement to submit the report to the Secretary
of State; and in any such case the requirement shall be of no
effect unless it is confirmed by the Secretary of State.
(6) The Committee may arrange, or require
the chief constable to arrange, for a report submitted under subsection
(3) to be published in such manner as appears to the Committee
to be appropriate.".'.
Mr Robert Key, Mr Davies, Mr Randall
44
Schedule 5, page 64, line
40, at end insert—
'1B. After Section 1 of that Act, there
is inserted—
"Inspections
2A.—(1) The inspectors of constabulary
shall inspect, and report to the Secretary of State on the efficiency
and effectiveness of the Ministry of Defence Police.
(2) The inspectors of constabulary shall
carry out such other duties for the purpose of furthering the
efficiency and effectiveness of the Ministry of Defence Police
as the Secretary of State may from time to time direct.
(3) The chief inspector of constabulary
shall in each year submit to the Secretary of State a report in
such form as the Secretary of State may direct, and the Secretary
of State shall lay a copy of that report before Parliament.
(4) Subject to subsection (5), the Secretary
of State shall arrange for any report received by him under subsection
(2) to be published in such manner as appears to him to be appropriate.
(5) The Secretary of State may exclude
from publication under subsection (4) any part of a report if,
in his opinion, the publication of that part—
(a) would be against the interests of
national security, or
(b) might jeopardise the safety of any
person.
(6) The Ministry of Defence Police Committee
shall invite the chief constable to submit comments on the published
report to the Committee before such date as it may specify.
(7) The Committee shall prepare comments
on the published report and shall arrange for—
(a) its comments,
(b) any comments submitted by the chief
constable in accordance with subsection (6), and
(c) any response which the Committee
has to the comments submitted by the chief constable,
to be published in such manner as appears
to the Secretary of State to be appropriate.".'.
Mr John Spellar
27
Schedule 5, page 65, line
43, at end insert "or".
Mr John Spellar
28
Schedule 5, page 65, line
45, leave out from "Squad" to end of line 50.
Mr John Spellar
29
Schedule 5, page 66, line
6, leave out from "Squad" to end of line 9.
Mr John Spellar
30
Schedule 7, page 78, line
22, after "In" insert "paragraphs (a) and
(b) of".
Mr John Spellar
31
Schedule 8, page 84, line
7, column 3, after "or"" insert "and
the words "regulations or"".
Mr John Spellar
32
Schedule 8, page 84, line
37, column 3, at end insert -
"In section 209(3)(a)(i), after
the word "paragraphs", the letter "(a),".".
Mr John Spellar
33
Schedule 8, page 85, line
23, column 3, after "or"" insert
"and the words "regulations or"".
Mr John Spellar
34
Schedule 8, page 85, line
53, column 3, at end insert -
"In section 209(3)(a)(i), after
the word "paragraphs", the letter "(a),".".
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