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1837

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Monday 4 April 2011

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

1585 and 1657-61

 

Committee of the whole House


 

Armed Forces Bill

 

Mr Philip Hollobone

 

5

 

Clause  2,  page  2,  line  2,  in the title of AFA 2006, after ‘forces’, insert ‘, to

 

recognise the special role and status of the armed forces, to make provision for the

 

Military Covenant’.

 

Mr Philip Hollobone

 

6

 

Clause  2,  page  2,  line  4,  after ‘359A’, leave out ‘Armed forces covenant report’

 

and insert ‘The Military Covenant’.

 

Mr Philip Hollobone

 

7

 

Clause  2,  page  2,  line  5,  leave out subsections (1) and (2) and insert—

 

‘(1)    

In this Act, the “Military Covenant” shall have the meaning in Schedule (The

 

Military Covenant).

 

(2)    

An authority to which this section applies shall, when making a decision of a

 

strategic nature about how to exercise its functions, have due regard to the

 

Military Convenant.

 

(3)    

 

(a)    

In deciding how to fulfil a duty to which it is subject under subsection (2),

 

an authority must take into account any guidance issued by the Secretary

 

of State.

 

(b)    

In producing any such guidance, the Secretary of State shall consult such

 

bodies or persons as the Secretary of State considers appropriate.

 

(4)    

The authorities to which this section applies are—

 

(a)    

a Minister of the Crown;

 

(b)    

a government department;

 

(c)    

a county, metropolitan, city or district council;

 

(d)    

the Greater London Authority;

 

(e)    

a London borough council;


 
 

Notices of Amendments: 4 April 2011                     

1838

 

Armed Forces Bill, continued

 
 

(f)    

the Common Council of the City of London in its capacity as a local

 

authority;

 

(g)    

the Council of the Isles of Scilly;

 

(h)    

a Strategic Health Authority established under section 13 of the National

 

Health Service Act 2006, or continued in existence by virtue of that

 

section;

 

(i)    

a Primary Care Trust established under section 18 of that Act, or

 

continued in existence by virtue of that section;

 

(j)    

a regional development agency established by the Regional Development

 

Agencies Act 1998.

 

(5)    

The Secretary of State may by regulation amend section 1 so as to—

 

(a)    

add a public authority to the authorities that are subject to the duty under

 

subsection (1) of that section;

 

(b)    

remove an authority from those that are subject to that duty;

 

(c)    

make the duty apply, in the case of a particular authority, only in relation

 

to certain functions that it has;

 

(d)    

in the case of an authority to which the application of the duty is already

 

restricted to certain functions, remove or alter the restriction.

 

(6)    

In subsection (5) “public authority” means an authority that has functions of a

 

public nature.

 

(7)    

A failure in respect of a performance of a duty under section 1 does not confer a

 

cause of action at private law.

 

(8)    

 

(a)    

The Secretary of State shall annually lay before each House of Parliament

 

a report (the “Military Convenant Report”) on how the Military

 

Convenant has been implemented since the last report was produced

 

under this subsection.

 

(b)    

When preparing the report, the Secretary of State shall consult—

 

(i)    

any guidance issued by the Secretary of State on the detailed

 

principles of the Military Convenant and Her Majesty’s

 

aspirations relating to the Military Covenant;

 

(ii)    

representatives of the Armed Forces;

 

(iii)    

the Royal British Legion;

 

(iv)    

representatives from Armed Forces charities;

 

(v)    

the body known as the “Military Covenant Panel”;

 

(vi)    

other interested parties.

 

(c)    

The first Military Covenant Report to be laid under this section shall be

 

laid before both Houses of Parliament by 1 November 2011.

 

(9)    

The Secretary of State shall appoint persons to form a panel known as the Military

 

Covenant Panel.

 

(10)    

In appointing persons to the Military Covenant Panel, the Secretary of State shall

 

have regard to the requirement of securing that the Military Covenant Panel

 

includes persons who are members or former members of—

 

(a)    

the Armed Forces;

 

(b)    

charities representing the Armed Forces;

 

(c)    

charities assisting the Armed Forces;

 

(d)    

the body known or formerly known as the External Reference Group;

 

(e)    

other interested parties.

 

(11)    

In appointing persons to the Military Covenant Panel, the Secretary of State shall

 

have regard to the requirement of securing that the Military Covenant Panel

 

includes persons who (between them) have experience in, or knowledge of—

 

(a)    

the Armed Forces;


 
 

Notices of Amendments: 4 April 2011                     

1839

 

Armed Forces Bill, continued

 
 

(b)    

Service people;

 

(c)    

charities representing the Armed Forces;

 

(d)    

charities assisting the Armed Forces.

 

(12)    

The Military Covenant Panel shall have the duty of—

 

(a)    

publishing an annual report (the “Military Covenant Panel Report”) on

 

the way which the Secretary of State has implemented the Military

 

Convenant; and

 

(b)    

the duties or functions conferred upon it by other provisions of this Act

 

or any other enactment.

 

(13)    

The Military Covenant Panel may, in the performance of its duties, seek

 

information from or give advice to any body or person.

 

(14)    

The Secretary of State shall lay the Military Covenant Panel Report before

 

Parliament annually.

 

(15)    

The Military Covenant Panel Report shall be published separately from the

 

Military Covenant Report to be reported by the Secretary of State under the duty

 

at section 4 (“Military Covenant Report”) of this Act.

 

(16)    

The Secretary of State has a duty to issue guidance (“the Principles of the Military

 

Covenant and the Government’s ambitions”) outlining and reviewing detailed

 

principles of the Military Covenant and the aspirations of Her Majesty’s

 

Government relating to the Military Covenant at least once every five years.

 

(17)    

The first “Principles of the Military Covenant and the Government’s ambitions”

 

guidance should be published by 1 November 2011.’.

 

Mr Philip Hollobone

 

8

 

Clause  2,  page  2,  line  40,  leave out subsection (6).

 

Mr Philip Hollobone

 

NS1

 

To move the following Schedule:—

 

‘The Military Covenant

 

1          

The United Kingdom’s commitment to its Armed Forces is made in

 

recognition that a career in the Armed Forces differs from all others. The

 

Military Covenant recognised that Service personnel agree to sacrifice certain

 

civil liberties and to follow orders, including orders to place themselves in

 

harm’s way in the defence of others. In return, the United Kingdom shall help,

 

support and reward people who serve in the Armed Forces.

 

2          

No member of the Armed Forces shall suffer inequalities of outcome arising

 

from their Service when accessing public services.

 

3          

Members of the Armed Forces should have continuity of access to public

 

services during their service.’.

 


 
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