Amendment Paper as at
Monday 20th March 2006
SELECT COMMITTEE
New Amendments handed in are marked thus *
ARMED FORCES BILL
NOTE
The Amendments have been arranged in accordance with the motion to be proposed by
Mr Don Touhig.
Mr Don Touhig
To move, That the Bill be considered in the following order, namely, Clauses 1 to 53, Schedule 1, Clauses 54 to 113, Schedule 2, Clauses 114 to 163, Schedule 3, Clauses 164 to 168, Schedule 4, Clauses 169 to 180, Schedule 5, Clause 181, Schedule 6, Clauses 182 to 205, Schedule 7, Clauses 206 to 271, Schedule 8, Clauses 272 to 275, Schedule 9, Clauses 276 and 277, Schedule 10, Clauses 278 to 345, Schedule 11, Clauses 346 to 351, Schedule 12, Clauses 352 to 360, Schedule 13, Clauses 361 to 368, Schedules 14 and 15, Clauses 369 to 375, remaining proceedings on the Bill.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
16
Clause 1, page 1, line 7, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
17
Clause 1, page 1, line 14, after 'with', insert 'or permits or enables an enemy to have access to'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
18
Clause 1, page 1, line 15, at end insert—
| '(f) | is made a prisoner of war through disobedience of lawful orders or wilful neglect of duty; |
| (g) | acts with intent to prejudice the security of Her Majesty's Forces or of any force co-operating with them. |
(1A) In subsection (1) "acts" includes omitting to act.'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
19
Clause 1, page 1, line 16, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
20
Clause 1, page 1, line 21, at end insert—
'( ) Nothing in this section shall be construed as requiring any civillian subject to service discipline to bear arms or participate in any active operations against an enemy,'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
21
Clause 2, page 2, line 10, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
22
Clause 2, page 2, line 29, leave out subsection (6) and insert—
'(6) Nothing in subsections (3) to (5) shall be construed as requiring any civilian subject to service discipline to bear arms or participate in any active operations against an enemy.'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
23
Clause 3, page 2, line 38, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
24
Clause 3, page 2, line 40, after 'forces', insert 'or of any force co-operating with them'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
25
Clause 3, page 2, line 43, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
26
Clause 4, page 3, line 29, leave out 'vehicle, equipment or stores' and insert 'supplies'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
27
Clause 16, page 7, line 33, after 'avoid', insert 'any particular service or kind of service, and that service or kind of service is relevant'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
28
Clause 16, page 8, line 6, at end insert—
'"relevant service" means—
| (a) | actions or operations against an enemy; |
| (b) | operations outside the British Islands for the protection of life or property; or |
| (c) | military occupation of a foreign country or territory.'. |
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
2
Clause 16, page 8, leave out lines 7 to 9 and insert—
'(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, and any sentence of imprisonment imposed in respect of the offence—
| (a) | if subsection (5) applies, may be for life; |
| (b) | otherwise, must not exceed two years. |
(5) Subsection (4) applies if the offender was on relevant service or under orders for such service when he committed offences under sections (1) or (2).'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
3
Clause 17, page 8, line 12, leave out 'might be useful to an enemy' and insert 'is likely to be prejudicial to the security or defence of the United Kingdom'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
4
Clause 17, page 8, line 15, leave out 'might be useful to an enemy' and insert 'is likely to be prejudicial to the security or defence of the United Kingdom'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
5
Clause 18, page 8, line 20, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
6
Clause 18, page 8, line 27, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
7
Clause 19, page 9, line 6, leave out 'prejudicial to good order and service discipline' and insert 'likely to prejudice the discipline of, or bring discredit on, Her Majesty's Forces.'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
8
Page 10, line 10, leave out Clause 22.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
9
Clause 24, page 10, line 35, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
10
Clause 24, page 10, line 40, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
11
Clause 24, page 11, line 5, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
12
Clause 25, page 11, line 26, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
13
Clause 31, page 13, line 38, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
14
Clause 31, page 13, line 42, after 'law', insert 'or a civilian subject to service discipline'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
29
Clause 35, page 15, line 31, at end insert 'and'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
15
Page 15, line 41, leave out Clause 36.
Mr George Howarth
1
Clause 50, page 22, line 9, at end insert—
'except any offence committed in the United Kingdom if the corresponding civil offence is treason, murder, aiding, abetting, counselling or procuring suicide, manslaughter, treason-felony or an offence under section 1 of the Geneva Conventions Act 1957 or an offence under section 1 of the Biological Weapons Act 1974 or an offence under section 2 or 11 of the Chemical Weapons Act 1996 or an offence under section 1 of the Nuclear Explosions (Prohibition and Inspections) Act 1998 or an offence under section 51 or 52 of the International Criminal Court Act 2001 or an offence under section 1 of the Sexual Offences Act 2003 (rape).'.
Mr Don Touhig
31
Clause 51, page 22, line 30, at end insert—
'(1A) For the purposes of subsection (1) an offence is committed by a civilian if it is committed by a person who, at the time when it is committed, is a civilian subject to service discipline.'.
Mr Don Touhig
32
Clause 51, page 22, line 37, leave out subsection (3) and insert—
'(3) For the purposes of subsection (2)(a) an offence under section 42 is "indictable-only" if the corresponding offence under the law of England and Wales is under that law an offence which, if committed by an adult, is triable only on indictment; but this is subject to subsection (3A).
(3A) Where the defendant is aged under 18 at the time a decision under section 278 is made, an offence under section 42 is "indictable-only" for the purposes of subsection (2)(a) above if (and only if)—
| (a) | the corresponding offence under the law of England and Wales is murder, manslaughter or an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) (causing or allowing death of child etc); or |
| (b) | section 226 (firearms offences) would apply if the accused were convicted by the Court Martial of the offence under section 42.'. |
