sc0943003.26-32

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Select Committee Proceedings: 30th March 2006
26

Armed Forces Bill, continued

1L  (1)
Section 97 of that Act (failure to attend for duty or training) is amended as

follows.

      (2)
In subsection (1), for the words (after paragraph (b)) from “is guilty” to the end

substitute “is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces

Act 2006 applies to him) or absence without leave (if neither of those

provisions applies to him).”

      (3)
In subsection (3) for the words from “by court-martial” to the end substitute

“summarily by a civil court (as well as being triable by the Court Martial).”’.

Mr Don Touhig

Agreed to  65

Schedule  12,  page  227,  line  17,  leave out from beginning to ‘subsection’ in line 18

and insert—

  ‘(1)
Section 98 of that Act (trial and punishment of offences of desertion or absence

without leave) is amended as follows.

      (2)
In subsection (1)—

(a)
for the words from “section 37” to “1957” substitute “section 8 or 9 of

the Armed Forces Act 2006”;

(b)
for “as well as by court-martial” substitute “(as well as being triable

by the Court Martial)”.

      (3)
In subsection (2)—

(a)
for “court-martial” substitute “the Court Martial”;

(b)
for the words from “service law” to the end substitute “section 8 or 9

(as the case may be) of the Armed Forces Act 2006.”

      (4)
In subsection (3)(b) for “service law of desertion or absence without leave”

substitute “section 8 or 9 of the Armed Forces Act 2006”.

      (5)
In subsection (4)(a)—

(a)
for “court-martial” substitute “the Court Martial”;

(b)
for “service law of absence without leave” substitute “section 9 of the

Armed Forces Act 2006”.

      (6)
Omit subsection (5).

      (7)
After’.

Mr Don Touhig

Agreed to  66

Schedule  12,  page  227,  line  23,  at end insert—

‘3A
For section 100 of that Act (arrest of deserters etc) substitute—

“100A
Arrest by civilian police of deserters and absentees without leave

(1)
An officer of a UK police force may arrest without warrant a person

who is reasonably suspected of being a member of a reserve force, or

a person liable to recall, who has deserted or is absent without leave.

(2)
If an authorised person is satisfied by evidence given under oath or

affirmation that a relevant suspect is or is reasonably suspected of

being within his jurisdiction, he may issue a warrant for the arrest of

the relevant suspect.

(3)
In subsection (2)—

“authorised person” means a person who has authority in England and

Wales, Scotland or Northern Ireland to issue a warrant for the arrest of

a person suspected of an offence;

Select Committee Proceedings: 30th March 2006
27

Armed Forces Bill, continued

“relevant suspect” means a person reasonably suspected of being a

member of a reserve force, or a person liable to recall, who has

deserted, is absent without leave or has committed an offence under

section 95.

(4)
In this section “UK police force” has the meaning given by section 365

of the Armed Forces Act 2006.”

3B
Omit section 102 of that Act (record of illegal absence).

3C
In section 104 of that Act, omit subsection (3).

3D  (1)
Section 105 of that Act (trial of offences by civil court) is amended as follows.

      (2)
In subsection (1) for “which is triable by court-martial is also” substitute “is

(as well as being triable by the Court Martial)”.

      (3)
Omit subsection (2).

      (4)
In subsection (3) for “an offence under service law (other than an offence of

desertion or absence without leave)” substitute “any service offence (other

than an offence under this Act or an offence mentioned in section 98(1))”.

3E
Omit section 106 of that Act.’.

Mr Don Touhig

Agreed to  67

Schedule  12,  page  227,  line  25,  after ‘(1)’ insert ‘— (i)’.

Mr Don Touhig

Agreed to  68

Schedule  12,  page  227,  line  26,  at end insert—

‘(ii)
for “under service law” substitute “a service offence”;’.

Mr Don Touhig

Agreed to  69

Schedule  12,  page  227,  line  31,  at end insert—

‘4A
In section 108 of that Act (evidence) for subsections (1) and (2) substitute—

“(1A)
The Secretary of State may by regulations make provision with respect

to evidence, including the admissibility of evidence, in proceedings

before a civil court for an offence under this Act.

(1B)
Regulations under subsection (1A) shall be made by statutory

instrument, which shall be subject to annulment in pursuance of a

resolution of either House of Parliament.”

4B
Omit section 124 of that Act (exemption from tolls etc).

4C
Omit section 126 of that Act (amendments relating to transfers to reserves

etc).’.

Mr Don Touhig

Agreed to  70

Schedule  12,  page  227,  line  32,  leave out from beginning to ‘subsection’ and

insert—

    ‘(1)
Section 127 of that Act (interpretation) is amended as follows.

      (2)
In subsection (1)—

(a)
omit the definition of “regular air force”;

(b)
for the definition of “regular army” substitute—

““the regular army” has the meaning given by section 364 of the

Armed Forces Act 2006;”;

Select Committee Proceedings: 30th March 2006
28

Armed Forces Bill, continued

(c)
in the definition of “regular services” for “regular air force” substitute

“Royal Air Force”;

(d)
for the definition of “service law” substitute—

““service offence” has the meaning given by section 50 of the

Armed Forces Act 2006;”.

      (3)
After’.

Mr Don Touhig

Agreed to  71

Schedule  12,  page  227,  line  36,  at end insert—

‘(4)
Section 163(2) and (3) of the Armed Forces Act 2006 apply in relation

to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act.”’.

Mr Don Touhig

Agreed to  72

Schedule  12,  page  228,  line  14,  leave out sub-paragraph (5) and insert—

    ‘(5)
In paragraph 5—

(a)
in sub-paragraph (1) omit “or recklessly”;

(b)
in sub-paragraph (2) for “subject to service law” substitute “a member

of the reserve forces”;

(c)
in sub-paragraph (3) for the words from “has since” to the end

substitute “becomes a member of the reserve forces is liable on

conviction by the Court Martial to any punishment mentioned in rows

2 to 12 of the Table in section 163 of the Armed Forces Act 2006.”;

(d)
after that sub-paragraph add—

  “(4)
For the purposes of determining the Court Martial’s powers

when sentencing an offender to whom Part 2 of Schedule 3

to the Armed Forces Act 2006 (ex-servicemen etc) applies

for an offence under sub-paragraph (1), sub-paragraph (3)

has effect as if the reference to rows 2 to 12 were to rows 2

to 10.

      (5)
Where an offence under sub-paragraph (1) is committed by

a person within sub-paragraph (3), the time for which he is

for the purposes of section 62 of the Armed Forces Act

2006 (time limits for charging) to be regarded as being a

relevant reservist (within the meaning of that section)

includes the period from (and including) the time he

committed the offence to the time he became a member of

the reserve forces.”

    (5A)
In paragraph 6(1) for “a court-martial” substitute “the Court Martial”.’.

Mr Don Touhig

Agreed to  73

Schedule  12,  page  228,  line  15,  at end insert—

‘7
Omit Schedule 2 to that Act (deserters and absentees without leave).

8
Omit Schedule 3 to that Act (evidence).

9
Omit Schedule 7 to that Act (postponement of transfer to the reserves or

discharge from the reserves).

10
In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs 22

and 23.

Select Committee Proceedings: 30th March 2006
29

Armed Forces Bill, continued

11
In Schedule 10 to that Act (minor and consequential amendments) omit

paragraphs 1 to 13 and 23.’.

Schedule, as amended, Agreed to.

Clauses 352 to 354 Agreed to.

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Withdrawn  175

Clause  355,  page  178,  line  21,  leave out ‘may’ and insert ‘shall’.

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Not called  176

Clause  355,  page  178,  line  31,  at end insert—

‘(2A)
A person may not be appointed Director unless he has knowledge and experience

in relation to military justice issues and an understanding of their relevance to the

role of Her Majesty’s forces.

(2B)
The Secretary of State shall first consult with the Attorney General before

tendering his recommendation to Her Majesty.’.

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Not called  174

Clause  355,  page  178,  line  31,  at end insert—

‘(2C)
The Secretary of State shall appoint a person to be Deputy Director of Service

Prosecutions.

(2D)
A person may be appointed as the Director of Service Prosecutions only if he—

(a)
has a five year general qualification within the meaning of section 71 of

the Courts and Legal Services Act 1990 (c. 41);

(b)
is an advocate or solicitor in Scotland of at least five years’ standing;

(c)
is a member of the Bar of Northern Ireland, or a solicitor of the Supreme

Court of Northern Ireland, of at least five years’ standing;

(d)
has in a relevant territory rights and duties similar to those of a barrister

or solicitor in England and Wales, has had those rights and duties for at

least five years, and is subject to punishment or disability for breach of

professional rules;

(e)
is a member of the regular forces or the reserve forces who is rendering

continuous full-time service;

(f)
holds a rank not lower than the rank of commander, lieutenant-colonel or

wing commander.

(2E)
The Deputy Director has all the powers of the Director but must exercise them

subject to his direction and control.

Select Committee Proceedings: 30th March 2006
30

Armed Forces Bill, continued

(2F)
A person appointed as Director holds office until the end of the year of service in

which he attains the age of 65 or such later time as the Secretary of State may

specify.

(2G)
But the Director—

(a)
may resign by notice in writing to the Secretary of State, and

(b)
may be removed from office in accordance with section [Termination of

appointment].

(2H)
If the office of Director is vacant or the Director is not available to exercise his

functions, the Deputy Director has all the functions of the Director.

(2I)
If the office of Deputy Director becomes vacant, the Secretary of State may

appoint a member of staff of the Service to act as Deputy Director, on such terms

as to tenure as the Secretary of State determines, pending a new appointment.

(2J)
The Secretary of State must pay to or in respect of the Director, the Deputy

Director and any person appointed to act as Deputy Director any such—

(a)
salary,

(b)
allowances, or

(c)
sums for the provision of pensions,


as the Secretary of State may determine.’.

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Not called  153

Clause  355,  page  178,  line  33,  at end insert ‘in relation to matters not covered by

this Act that are determined by the Secretary of State.’.

Clause Agreed to.

Clauses 356 to 360 Agreed to.

Schedule 13 Agreed to.

Clauses 361 and 362 Agreed to.

Mr Don Touhig

Agreed to  166

Clause  363,  page  181,  line  40,  leave out ‘section 372 or 373’ and insert ‘any of

sections 371 to 373’.

Clause, as amended, Agreed to.

Mr Don Touhig

Agreed to  163

Clause  364,  page  183,  line  31,  after ‘means’ insert ‘the Judge Advocate General

or’.

Select Committee Proceedings: 30th March 2006
31

Armed Forces Bill, continued

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Not called  152

Clause  364,  page  184,  line  21,  at end insert—


‘“service material”[1] refers to

(a)
portable and automatic firearms

(b)
artillery and smoke, gas and flame-throwing weapons, such as—

(i)
cannon, howitzers, mortars, artillery, anti-tank guns, rocket

launchers, flame-throwers, recoilless guns;

(ii)
military smoke and gas guns.

(c)
ammunition for the weapons at subsections (a) and (b)

(d)
bombs, torpedoes, rockets and guided missiles—

(i)
bombs, torpedoes, grenades, including smoke grenades, smoke

bombs, rockets, mines, guided missiles, underwater grenades,

incendiary bombs;

(ii)
military apparatus and components specially designed for the

handling, assembly, dismantling, firing or detection of the

articles at subparagraph (i) above.

(e)
military fire control equipment

(i)
firing computers and guidance systems in infra-red and other

night guidance devices;

(ii)
telemeters, position indicators, altimeters;

(iii)
electronic tracking components, gyroscopic, optical and

acoustic;

(iv)
bomb sights and gun sights, periscopes for the equipment

specified in this list.

(f)
tanks and specialist fighting vehicles—

(i)
tanks;

(ii)
military type vehicles, armed or armoured, including amphibious

vehicles;

(iii)
armoured cars;

(iv)
half-tracked military vehicles;

(v)
military vehicles with tank bodies;

(vi)
trailers specially designed for the transportation of the

ammunition specified at subsections (c) and (d) above

(g)
fuels and lubricants for any of Her Majesty’s ships, Her Majesty’s

aircraft or vehicles at subsection (f)

(h)
toxic or radioactive agents—

(i)
toxic, biological or chemical agents and radioactive agents

adapted for destructive use in war against persons, animals or

crops;

(ii)
military apparatus for the propogation, detection and

identification of substances at subparagraph (i) above;

(iii)
counter-measures material related to subparagraph (i) above;

(i)
powders, explosives and liquid or solid propellants—

(i)
powders and liquid or solid propellants specially designed and

constructed for use with the materials at subsections (c), (d) and

(h) above;

(ii)
military explosives;

Select Committee Proceedings: 30th March 2006
32

Armed Forces Bill, continued

(iii)
incendiary and freezing agents for military use.

(j)
warships and their specialist equipment—

(i)
warships of all kinds;

(ii)
equipment specially designed for laying, detecting and sweeping

mines;

(iii)
underwater cables.

(k)
aircraft and equipment for military use

(l)
military electronic equipment

(m)
camera equipment specially designed for military use

(n)
other equipment and material—

(i)
parachutes and parachute fabric;

(ii)
water purification plant specially designed for military use;

(iii)
military command relay electrical equipment.

(o)
specialised parts and items of material included in this list in so far as

they are of a military nature

(p)
machines, equipment and items exclusively designed for the study,

manufacture, testing and control of arms, munitions and apparatus of an

exclusively military nature included in this list

(q)
any other machines, equipment and items designed or adapted for

warfare or connected purposes.’.

Clause, as amended, Agreed to.

Mr Don Touhig

Agreed to  50

Clause  365,  page  185,  line  4,  leave out paragraph (b).

Clause, as amended, Agreed to.

Clauses 366 and 367 Agreed to.

Mr Don Touhig

Agreed to  51

Clause  368,  page  186,  line  36,  leave out ‘enactments’ and insert ‘provisions’.

Mr Don Touhig

Agreed to  52

Clause  368,  page  186,  line  36,  after ‘repealed’ insert ‘or revoked’.

Clause, as amended, Agreed to.