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| | (a) | references in paragraphs (1) and (2) to section 208 of the |
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| | Armed Forces Act 2006 include references to section 71A(4) |
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| | of the Army Act 1955 or Air Force Act 1955 or section 43A(4) |
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| | of the Naval Discipline Act 1957; |
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| | (b) | the reference in paragraph (1) to section 217 of the Armed |
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| | Forces Act 2006 includes a reference to section 71A(3) of the |
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| | Army Act 1955 or Air Force Act 1955 or section 43A(3) of the |
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| | Naval Discipline Act 1957.” |
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| | 63D | In the Schedule to that Order (service disciplinary convictions referred to in |
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| | Article 7(6)(bb)), after paragraph 6 add— |
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| | “Provisions of the Armed Forces Act 2006 |
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| | 7 | Any service offence within the meaning of the Armed Forces Act |
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| | 2006 except one punishable in the case of an offender aged 18 or |
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| | over with imprisonment for more than two years.”’. |
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| | Schedule, as amended, Agreed to. |
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| Schedule 17, page 306, line 40, at end insert— |
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| ‘Rehabilitation of Offenders |
| | | | | (Northern Ireland) Order 1978 |
| | | | | (S.I. 1978/1908 (N.I. 27)) |
| | | | | | 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 |
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| | Schedule, as amended, Agreed to. |
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| | Clauses 372 to 378 Agreed to. |
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| | Pardon for Soldiers of the Great War: eligibility for pardon |
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| To move the following Clause:— |
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| | ‘(1) | Any person (an “eligible person”) who in the Great War of 1914 to 1919— |
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| | (a) | served in the British Empire Forces, |
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| | (b) | was convicted by a court martial of one or more of the offences set out in |
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| | subsection (2) below or any of these offences together with any other |
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| | (c) | was judicially executed following such conviction |
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| | | shall be eligible for a pardon in accordance with the provisions of this Part in |
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| | respect of any offence referred to in subsection (2) below. |
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| | (2) | The offences referred to in subsection (1) above are cowardice, desertion, |
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| | attempted desertion, disobedience, quitting post, violence, sleeping at post, |
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| | throwing away arms and striking a superior officer.’. |
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| | Pardon for Soldiers of the Great War: procedure for pardon |
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| To move the following Clause:— |
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| | ‘(1) | An eligible person under section [Pardon for Soldiers of the Great War: |
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| | eligibility for pardon] shall be pardoned of any offence referred to in subsection |
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| | (2) of that section if the Secretary of State makes an order to that effect in |
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| | accordance with the provisions of this section. |
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| | (2) | An order under subsection (1) above may be made in accordance with the |
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| | provisions of subsection (3) below. |
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| | (3) | The Secretary of State shall, within three months of this Act coming into force— |
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| | (a) | make an order under subsection (1) above, or |
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| | (b) | publish a statement setting out his reasons for not making an order under |
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| | | in respect of every eligible person.’. |
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| | Pardon for Soldiers of the Great War: effect of pardon |
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| To move the following Clause:— |
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| | ‘A pardon under section [Pardon for Soldiers of the Great War: procedure for |
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| | (a) | unless this section otherwise requires, have similar effect to a pardon |
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| | granted in exercise of the Royal Prerogative, |
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| | (b) | be deemed to remove or, as the case may be, nullify any degradations and |
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| | penalties imposed in connection with the relevant offences, and |
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| | (c) | not have any effect on any existing financial rights or obligations of any |
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| | dependant or of the Secretary of State.’. |
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| | Military Complaints Commissioner |
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| To move the following Clause:— |
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| | ‘(1) | There shall be a Military Complaints Commissioner (in this section referred to as |
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| | (2) | The Commissioner shall exercise his powers under this Act in such manner and |
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| | to such extent as appears to him to be best calculated to secure— |
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5 | | (a) | the efficiency, effectiveness and independence of the military complaints |
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| | (b) | the confidence of the public and of members of the Armed Forces in that |
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| | (3) | Any member of Her Majesty’s Armed Forces or member of the public shall be |
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10 | | entitled to make a complaint to the Commissioner. |
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| | (4) | The Commissioner shall investigate— |
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| | (a) | all non-combat Service deaths or serious injuries, |
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| | (b) | all serious complaints, and |
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| | (c) | any complaint made to him that he determines requires investigation. |
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15 | | (5) | If the complaint is a serious complaint, the Commissiner shall formally |
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| | investigate it in accordance with subsection (7). |
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| | (6) | In the case of any other complaint, the Commissioner may as he thinks fit— |
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| | (a) | formally investigate the complaint in accordance with subsection (7); or |
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| | (b) | refer the complaint to the appropriate Commanding Officers or Higher |
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20 | | |
| | (c) | dismiss the complaint. |
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| | (7) | Where the Commissioner conducts a formal investigation he shall— |
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| | (a) | inform the Secretary of State, |
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| | (b) | be given access to all documents and persons as he sees fit, and |
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25 | | (c) | make a report in accordance to the appropriate Commanding Officers or |
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| | (8) | Where a Commanding Officer or Higher Authority receives a report from the |
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| | Commissioner under subsection (7) he must act on the information in that report. |
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| | (9) | As soon as possible after the end of each financial year the Commissioner must |
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30 | | make a report to the Secretary of State on— |
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| | (a) | the way in which he has discharged his functions during the year; |
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| | (b) | what he has found in the course of exercising that function during the |
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| | (c) | the matters he intends to consider or research during the next financial |
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35 | | |
| | (10) | The Secretary of State must lay a copy of any report under subsection (8) before |
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| | each House of Parliament. |
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| | (11) | In this section, “serious complaint” means a complaint— |
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| | (a) | alleging that the conduct complained of resulted in the death of, or |
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40 | | serious injury to, some person; |
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| | (c) | of such other description as may be prescribed. |
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| | “serious injury” means a fracture, damage to an internal organ or impairment of |
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45 | | physical or mental bodily function;
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| | “bullying” means actions that cause undue distress, whether intentional or |
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| | |
| | “appropriate Commanding Officers” means— |
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| | (a) | the Commanding Officer of the person making the complaint when the |
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50 | | Commissioner makes his report or referral, |
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| | (b) | the Commanding Officer of any person referred to in the complaint when |
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| | the Commissioner makes his report or referral, |
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| | (c) | the Commanding Officer of the person making the complaint when the |
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| | incident or incidents referred to in the complaint occurred, and |
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55 | | (d) | the Commanding Officer of any person referred to in the compaint when |
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| | the incident or incidents referred to in the complaint occurred; |
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| | | “Commanding Officer” has the meaning given in section 364;
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| | “Higher Authority” has the meaning given in section 364. |
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| | (13) | The Commissioner shall be appointed by Her Majesty. |
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60 | | (14) | The person appointed as Commissioner shall not be a serving member of the |
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| | regular or reserve armed forces. |
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| | (15) | The Commissioner may employ such persons as he thinks fit to enable him to |
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| | carry out his functions.’. |
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| | As Amendments to Mrs Joan Humble’s proposed New Clause (Military Complaints |
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| Line 1, leave out ‘Commissioner’ and insert ‘Commission’. |
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| Line 2, leave out ‘“the Commissioner”)’ and insert ‘“the Commission”) directed |
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| by the Military Compaints Commissioner (in this section referred to as “the |
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| Line 3, leave out ‘Commissioner’ and insert ‘Commission’. |
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| Line 3, leave out ‘his’ and insert ‘its’. |
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| Line 4, leave out ‘him’ and insert ‘it’. |
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| Line 5, after first ‘the’, insert ‘fairness,’. |
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| Line 8, at end insert ‘; and |
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| | (c) | a reduction in the incidence of bullying, harassment, discrimination or |
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| | other unfair treatment in the Armed Forces.’. |
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| Line 9, after ‘Forces’, insert ‘or a member of his family’. |
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| Line 11, leave out ‘Commissioner’ and insert ‘Commission’. |
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| Line 14, at end insert ‘and |
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| | (d) | issues relating to bullying, harassment, discrimination or other unfair |
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| | treatment as it sees fit.’. |
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| Line 15, leave out ‘Commissioner’ and insert ‘Commission’. |
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| Line 17, leave out ‘Commissioner may as he’ and insert ‘Commission may as it’. |
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| Line 21, leave out ‘dismiss’ and insert ‘decide not to investigate’. |
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| Line 22, leave out ‘Commissioner conducts a formal investigation he’ and insert |
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| ‘Commission conducts a formal investigation it’. |
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| Line 24, leave out ‘he’ and insert ‘it’. |
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| Line 25, leave out ‘in accordance’. |
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| Line 26, at end insert ‘or any other members of the Armed Forces as the |
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| Line 28, leave out ‘Commissioner’ and insert ‘Commission’. |
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| Line 31, leave out ‘he has discharged his’ and insert ‘the Commission has |
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| Line 32, leave out paragraph (b) and insert— |
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| | ‘(b) | the work of the Commission, its findings and recommendations; and’. |
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| Line 34, leave out first ‘the’. |
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| Line 34, leave out ‘he’ and insert ‘the Commission’. |
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| | ‘(9A) | The Commission may, from time to time, make such other reports to the Secretary |
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| | of State as it considers appropriate for drawing his attention to matters which— |
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| | (a) | have come to the Commission’s notice; and |
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| | (b) | are matters that it considers should be drawn to his attention by reason of |
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| | their gravity or of other exceptional circumstances.’. |
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| Line 36, leave out ‘(8)’ and insert ‘(9A)’. |
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| Line 41, after ‘bullying’, insert ‘, harassment or discrimination’. |
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| Line 47, at end insert ‘“harassment” means unwanted conduct which has the |
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| | (a) | violating another person’s dignity, or |
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| | (b) | creating an intimidating, hostile, degrading, humiliating or offensive |
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| | environment for another individual. |
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| | | “discrimination” means to treat a person less favourably on the grounds of race, |
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| | colour, sex, language, religion or other status.’. |
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| | ‘(13A) | The Commission shall consist of— |
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| | (a) | the Commissioner; and |
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| | (b) | not less than ten other members appointed by the Secretary of State.’. |
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