Amendments proposed to the Armed Forces Bill - continued House of Commons

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Dangerous conduct

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC3

To move the following Clause:—

    '(1)   A person subject to service law or a civilian subject to service discipline commits an offence if—

      (a) without lawful excuse he does an act in relation to—

      (i) the operation, handling, servicing or storage; and

      (ii) the giving of directions with respect to the operation, handling servicing or storage—

      of any of Her Majesty's ships, Her Majesty's aircraft or service material,

      (b) the act causes, or is likely to cause, injury to a person.

    (2)   A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed—

      (a) where the offender was reckless, ten years;

      (b) in any other case, two years.'.


Unauthorised discharge of a weapon

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC4

To move the following Clause:—

    '(1)   A person subject to service law or a civilian subject to service discipline commits an offence if—

      (a) he does an act which causes, or contributes to, the discharge of a weapon;

      (b) the discharge was not authorised.

    (2)   A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed six months.'.


Commanding or ordering a service offence to be committed

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC5

To move the following Clause:—

    '(1)   A person subject to service law commits an offence if—

      (a) he commands or orders a person to engage in conduct; and

      (b) that conduct would constitute the commission of a service offence.

    (2)   A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any punishment must exceed the maximum punishment for the last-mentioned offence.'.


Grievance procedure

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC6

To move the following Clause:—

    '(1)   A person subject to service law commits an offence if he undermines or stifles, or seeks to undermine or stifle, any procedure for the redress of grievance.

    (2)   A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.'.


Unnecessary detention or failure to bring up for investigation

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC7

To move the following Clause:—

    '(1)   A person subject to service law commits an offence if—

      (a) he unnecessarily detains a person subject to service law or a civilian subject to service discipline in arrest or confinement; or

      (b) he fails to bring that other person's case before the proper authority for investigation.

    (2)   A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.'.


Disobedience of captain's orders—Her Majesty's Ships

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC8

To move the following Clause:—

    '(1)   A person subject to service law or a civilian subject to service discipline commits an offence if he disobeys any lawful command by the captain of any of Her Majesty's ships in relation to the navigation or handling of the ship or affecting the safety of the ship, whether or not the captain is subject to service law.

    (2)   For the purposes of this section a person of whatever rank shall, when the person is in a ship, be under the command, in respect of all matters relating to the navigation and handling of the ship or affecting the safety of the ship, of the captain of the ship, whether or not the captain is subject to service law;

    (3)   A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment must not exceed ten years.'.


Rules of Engagement

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC9

To move the following Clause:—

    '(1)   Where the Armed Forces are to be engaged in an operation the Secretary of State shall draw up a document to be known as The Rules of Engagement ("the Rules").

    (2)   The Secretary of State shall cause appropriate extracts from the Rules dealing with particular aspects of Rules to be made and set out on cards ("Cards").

    (3)   When approved by the Defence Council the Rules and any Cards shall have the force of law under this Act.

    (4)   The Rules and the Cards may be revised by the Defence Council at any time in the course of the operation.

    (5)   A copy of the Rules shall be distributed to the Commanding Officers of every unit engaged in the operation and to the Service Prosecuting Authorities.

    (6)   Cards shall be distributed as appropriate by Commanding Officers to all members of the Armed Forces engaged in the operation and to any attached civillians.

    (7)   It shall be an absolute defence to any charge alleging misconduct to show that the conduct concerned fell within the Rules.

    (8)   The Secertary of State may direct that the Rules be classified to the degree that he considers necessary for the conduct of operations and shall be exempt from disclosure accordingly.

    (9)   Cards shall not be classified and copies of them shall be placed in the Libraries of the Houses of Parliament.'.


Conduct after capture by the enemy

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC10

To move the following Clause:—

    '(1)   Subsections (2) and (3) apply to a person subject to service law or a civilian subect to service discipline who has been captured by an enemy.

    (2)   A person to whom this subsection applies commits an offence if—

      (a) he engages in conduct with the intention of securing favourable treatment; and

      (b) the conduct is detrimental to other persons also captured by an enemy.

    (3)   A person to whom this subsection applies commits an offence if—

      (a) he is in a position of authority over other persons also captured by an enemy; and

      (b) he ill-treats those other persons.

    (4)   A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed ten years.'.


Disobedience of captain's orders - Her Majesty's aircraft

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC11

To move the following Clause:—

    '(1)   A person subject to service law or a civilian subject to service discipline commits an offence if he disobeys any lawful command by the captain of any of Her Majesty's aircraft in relation to the flying or handling of the aircraft or affecting the safety of the aircraft, whether or not the captain is subject to service law.

    (2)   For the purposes of this section—

      (a) a person of whatever rank shall, when the person is in an aircraft, be under the command, in respect of all matters relating to the navigation and handling of the ship or affecting the safety of the aircraft, of the captain of the aircraft, whether or not the captain is subject to service law; and

      (b) if the aircraft is a glider and is being towed by another aircraft, the captain of the glider shall, so long as the glider is being towed, be under the command, in respect of all matters relating to the flying or handling of the glider or affecting the safety of the glider, of the captain of the towing aircraft, whether or not the captain is subject to service law.

    (3)   A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment must not exceed ten years.'.


Pay, bounty and allowances

   

Mr Don Touhig

NC12

To move the following Clause:—

    '(1)   Her Majesty may by warrant make provision with respect to pay, bounty and allowances for members of the regular or reserve forces.

    (2)   A Royal Warrant made under this section may in particular—

      (a) provide for the way in which pay, bounty and allowances are to be paid;

      (b) impose conditions or restrictions on the making of such payments;

      (c) confer a discretion on any person.

    (3)   Provision that may be made by virtue of subsection (2)(b) includes in particular provision authorising the making of a deduction from a payment to a person—

      (a) in respect of anything (including any service) supplied to him;

      (b) in order to recover any overpayment or advance; or

      (c) in order to reclaim any relevant payment.

    (4)   For the purposes of subsection (3)(c) a payment is "relevant" if—

      (a) it was made on condition that it would or might be repayable in specified circumstances; and

      (b) any such circumstance has occurred.

    (5)   A Royal Warrant under this section may not authorise the forfeiture of pay.

    (6)   A Royal Warrant under this section may not make provision about money distributable under the Naval Agency and Distribution Act 1864 (c.24).

    (7)   Section 363(5) (power to make supplementary provision etc) applies in relation to Royal Warrants under this section.

    (8)   A Royal Warrant under this section may be amended or revoked by a further Royal Warrant under this section.

    (9)   Nothing in this section prevents provision as to rates of allowances from being made otherwise than under this section.'.



 
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