NOTICES OF AMENDMENTS

given up to and including

Thursday 18th May 2006

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COMMITTEE OF THE WHOLE HOUSE

ARMED FORCES (RE-COMMITTED) BILL

Secretary Des Browne 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, Clauses 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 319, Schedule 11, Clauses 320 to 347, Schedule 12, Clauses 348 and 349, Schedule 13, Clauses 350 to 354, Schedule 14, Clauses 355 to 363, Schedule 15, Clauses 364 to 371, Schedules 16 and 17, Clauses 372 to 378, new Clauses, new Schedules, any remaining proceedings on the Bill.

   

John McDonnell
Mr Angus MacNeil

8

Clause     8,     page     5,     line     14,     leave out from 'property;' to the end of line 15.

   

John McDonnell
Mr Angus MacNeil

9

Clause     8,     page     5,     line     18,     leave out from 'offence' to 'must' in line 20.

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Nick Harvey
Bob Russell
Willie Rennie

6

Clause     154,     page     75,     line     12,     leave out 'a prescribed number of' and insert 'between five and seven'.

   

Nick Harvey
Bob Russell
Willie Rennie

10

*Clause     154,     page     75,     line     20,     leave out subsection (4) and insert—

    '(4)   The other members of the court for any proceedings are to be selected by ballot from the persons specified in section (1)(b).'.

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Mr Tom Watson

1

Clause     294,     page     147,     line     19,     at end insert—

    '(1A)   Subsection (1)(a) does not apply if—

(a)	the sentence has not taken effect; or

(b)	the sentence has ceased to have effect by virtue of section 289 or 290 and has not resumed effect.'.

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Mr Tom Watson

2

Clause     323,     page     162,     line     12,     leave out 'Parts 1 to 13' and insert 'sections 1 to 41, 107, 228, 265 and 304'.

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Nick Harvey
Bob Russell
Willie Rennie

7

Clause     334,     page     168,     line     41,     leave out from 'State:' to the end of line 43 and insert 'or;

(c)	an independent member (see subsection (9)).'.

   

Nick Harvey
Bob Russell
Willie Rennie

5

Clause     334,     page     169,     line     4,     at end insert—

    '(4A)   At least one member of a service complaint panel must be an independent member.'.

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Mr Tom Watson

3

Schedule     16,     page     267,     line     25,     at end insert—

'Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

63A

In Article 2 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (interpretation), in paragraph (2), in the definition of "service disciplinary proceedings", after "any of the following—" insert—

"(za)   any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);".

63B

In Article 4 of that Order (rehabilitation of persons dealt with in service disciplinary proceedings), after paragraph (1) insert—

"(1A)

Section 369(1) to (3) of the Armed Forces Act 2006 ("conviction" and "sentence" in relation to summary hearings and the SAC) apply for the purposes of this Order as they apply for the purposes of that Act."

63C

(1)

Article 6 of that Order (rehabilitation periods for particular sentences) is amended as follows.

(2)	In paragraph (1)—

(a)   in sub-paragraph (c) omit the "and" at the end;

(b)   in sub-paragraph (d) omit "or a corresponding court-martial punishment";

(c)   after that sub-paragraph insert—

"(e)   a sentence of detention for life, or for a term exceeding thirty months, passed under section 208 of the Armed Forces Act 2006;

(f)   a sentence of detention during Her Majesty's pleasure under section 217 of that Act; and

(g)   any of the following passed as a result of any of sections 218 to 221 of that Act—

(i)	a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003;

(ii)	a sentence of detention for public protection under section 226 of that Act;

(iii)

an extended sentence under section 227 or 228 of that Act;".

(3)	In paragraph (2)—

(a)   in Table A, in the fifth entry for "Any sentence of detention" substitute "Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence,";

(b)   in Table B—

(i)	in the fourth entry, after "1998" insert "or under section 208 of the Armed Forces Act 2006";

(ii)	in the fifth entry, after "Article 45" insert "or that section 208".

(4)	After paragraph (4) insert—

"(4A)

Where in respect of a conviction an order under section 210 of the Armed Forces Act 2006 (detention and training order) was made, the rehabilitation period applicable to the sentence shall be—

(a)   in the case of a person aged 15 or over on conviction, five years if the order was for a term exceeding six months, or three and a half years if it was for six months or less;

(b)   in the case of a person aged under 15 on conviction, a period beginning with the date of conviction and ending one year after the date on which the order ceases to have effect.

(4B)	Where in respect of a conviction a service community order under the Armed Forces Act 2006 or an overseas community order under that Act was made, the rehabilitation period applicable to the sentence shall be—

(a)   in the case of a person aged 18 or over on conviction, 5 years from the date of conviction;

(b)   in the case of a person aged under 18 on conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the order ceases to have effect, whichever is the longer."

(5)	In paragraph (9)—

(a)   omit sub-paragraph (a);

(b)   in sub-paragraph (c) after "1998" insert "or section 208 of the Armed Forces Act 2006".

(6)	After paragraph (9) insert—

"(9A)

In this Article—

(a)   references in paragraphs (1) and (2) to section 208 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;

(b)   the reference in paragraph (1) to section 217 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957."

63D

In the Schedule to that Order (service disciplinary convictions referred to in Article 7(6)(bb)), after paragraph 6 add—

"Provisions of the Armed Forces Act 2006

7

Any service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years."'.

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Mr Tom Watson

4

Schedule     17,     page     306,     line     40,     at end insert—

'Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

Article 4(5).

In Article 6, in paragraph (1), the word "and" at the end of sub-paragraph (c), and in sub-paragraph (d) the words "or a corresponding court-martial punishment", and paragraph (9)(a).'.

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NEW CLAUSES

Pardon for Soldiers of the Great War: eligibility for pardon

   

Andrew Mackinlay

NC1

To move the following Clause:—

    '(1)   Any person (an "eligible person") who in the Great War of 1914 to 1919—

(a)	served in the British Empire Forces,

(b)	was convicted by a court martial of one or more of the offences set out in subsection (2) below or any of these offences together with any other offences, and

(c)	was judicially executed following such conviction

shall be eligible for a pardon in accordance with the provisions of this Part in respect of any offence referred to in subsection (2) below.

    (2)   The offences referred to in subsection (1) above are cowardice, desertion, attempted desertion, disobedience, quitting post, violence, sleeping at post, throwing away arms and striking a superior officer.'.

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Pardon for Soldiers of the Great War: procedure for pardon

   

Andrew Mackinlay

NC2

To move the following Clause:—

    '(1)   An eligible person under section [Pardon for Soldiers of the Great War: eligibility for pardon] shall be pardoned of any offence referred to in subsection (2) of that section if the Secretary of State makes an order to that effect in accordance with the provisions of this section.

    (2)   An order under subsection (1) above may be made in accordance with the provisions of subsection (3) below.

    (3)   The Secretary of State shall, within three months of this Act coming into force—

(a)	make an order under subsection (1) above, or

(b)	publish a statement setting out his reasons for not making an order under subsection (1),

in respect of every eligible person.'.

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Pardon for Soldiers of the Great War: effect of pardon

   

Andrew Mackinlay

NC3

To move the following Clause:—

'A pardon under section [Pardon for Soldiers of the Great War: procedure for pardon] above shall—

(a)	unless this section otherwise requires, have similar effect to a pardon granted in exercise of the Royal Prerogative,

(b)	be deemed to remove or, as the case may be, nullify any degradations and penalties imposed in connection with the relevant offences, and

(c)	not have any effect on any existing financial rights or obligations of any dependant or of the Secretary of State.'.

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Prepared 18 May 2006