Vote Bundle Text (960522-02)

Amendments proposed to the Armed Forces (re-committed) Bill - continued	House of Commons

back to previous text

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.'.

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.'.

Pardon for Soldiers of the Great War: effect of pardon

Andrew Mackinlay

NC3

To move the following Clause:—

Pardon for Soldiers of the Great War: procedure for pardon

(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.'.

Military Complaints Commissioner

Mrs Joan Humble

NC4

To move the following Clause:—

'(1) There shall be a Military Complaints Commissioner (in this section referred to as "the Commissioner").

(2) The Commissioner shall exercise his powers under this Act in such manner and to such extent as appears to him to be best calculated to secure—

(a)	the efficiency, effectiveness and independence of the military complaints system; and

(b)	the confidence of the public and of members of the Armed Forces in that system.

(3) Any member of Her Majesty's Armed Forces or member of the public shall be entitled to make a complaint to the Commissioner.

(4) The Commissioner shall investigate—

(a)	all non-combat Service deaths or serious injuries,

(b)	all serious complaints, and

(c)	any complaint made to him that he determines requires investigation.

(5) If the complaint is a serious complaint, the Commissiner shall formally investigate it in accordance with subsection (7).

(6) In the case of any other complaint, the Commissioner may as he thinks fit—

(a)	formally investigate the complaint in accordance with subsection (7); or

(b)	refer the complaint to the appropriate Commanding Officers or Higher Authority; or

(c)	dismiss the complaint.

(7) Where the Commissioner conducts a formal investigation he shall—

(a)	inform the Secretary of State,

(b)	be given access to all documents and persons as he sees fit, and

(c)	make a report in accordance to the appropriate Commanding Officers or Higher Authority.

(8) Where a Commanding Officer or Higher Authority receives a report from the Commissioner under subsection (7) he must act on the information in that report.

(9) As soon as possible after the end of each financial year the Commissioner must make a report to the Secretary of State on—

(a)	the way in which he has discharged his functions during the year;

(b)	what he has found in the course of exercising that function during the year; and

(c)	the matters he intends to consider or research during the next financial year.

(10) The Secretary of State must lay a copy of any report under subsection (8) before each House of Parliament.

(11) In this section, "serious complaint" means a complaint—

(a)	alleging that the conduct complained of resulted in the death of, or serious injury to, some person;

(b)	of bullying; or

(c)	of such other description as may be prescribed.

(12) In this section—

"serious injury" means a fracture, damage to an internal organ or impairment of physical or mental bodily function;

"bullying" means actions that cause undue distress, whether intentional or unintentional;

"appropriate Commanding Officers" means—

(a)	the Commanding Officer of the person making the complaint when the Commissioner makes his report or referral,

(b)	the Commanding Officer of any person referred to in the complaint when the Commissioner makes his report or referral,

(c)	the Commanding Officer of the person making the complaint when the incident or incidents referred to in the complaint occurred, and

(d)	the Commanding Officer of any person referred to in the compaint when the incident or incidents referred to in the complaint occurred;

"Commanding Officer" has the meaning given in section 364;"Higher Authority" has the meaning given in section 364.

(13) The Commissioner shall be appointed by Her Majesty.

(14) The person appointed as Commissioner shall not be a serving member of the regular or reserve armed forces.

(15) The Commissioner may employ such persons as he thinks fit to enable him to carry out his functions.'.

As Amendments to Mrs Joan Humble's proposed New Clause (Military Complaints Commissioner) (NC4):—