Session 2010 - 12
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Other Bills before Parliament

Notices of Amendments: 10 June 2011

2338

Armed Forces Bill, continued

(3)	The chair and members of the Former Armed Services Personnel Policy

forum shall be appointed by the Secretary of State following consultation

with relevant stakeholders and shall include a government representative.

(4)	The criterion for membership and responsibilities of the veterans’ policy

forum shall be determined by the Secretary of State following

consultation with relevant stakeholders.

(5)	“Relevant stakeholders” shall include Ministers in devolved legislatures

and veterans’ support agencies.

(6)	The Former Armed Services Personnel Policy Forum shall report from

time to time to the relevant authority.

(7)	“Relevant authority” means Ministers reponsible for the implementation

of policies relating to veterans’ welfare, including Ministers in devolved

administrations.

(8)	The Former Armed Services Personnel Rights’ Policy Forum shall be

introduced within one year of Royal Assent to the Armed Forces Act

2011.

(9)	The operation of the Former Armed Services Personnel Policy Forum

shall be reported upon in the Armed Forces Covenant Report.”.’.

Voluntary discharge of under-18’s

Dr Julian Huppert

Tessa Munt

NC7

To move the following Clause:—

‘(1)	The Armed Forces Act 2006 (c. 52) is amended as follows.

(2)	In section 329 (Terms and conditions of enlistment and service), after subsection

(3) there is inserted—

“(3A)

The regulations shall make provision that any person under the age of 18

shall be entitled to end their service with a regular force by giving not less

than 14 days’ notice in writing to their commanding officer, and shall

ensure that any person enlisting under the age of 18 is informed of this

right when they enlist.”’.

Enlistment of minors

John McDonnell

NC11

To move the following Clause:—

‘(1)	The Armed Forces Act 2006 is amended as follows.

Notices of Amendments: 10 June 2011

2339

Armed Forces Bill, continued

(2)	In section 328(2)(c) (Enlistment) the words “without the consent of prescribed

persons” are omitted.’.

Armed Forces Advocates

Gemma Doyle

Mr Kevan Jones

NC13

To move the following Clause:—

‘After section 359 of AFA 2006 insert—

“359B

Armed Forces Advocates

(1)	The existing network of Armed Forces Advocates will be extended

through the nomination of supporting advocates at regional and local

level to ensure that local authorities work together to identify and resolve

issues in local policy or the delivery of services that may affect service

people.

(2)	In this section “Armed Forces Advocate” means public servant

nominated to monitor and resolve policy or legislative issues that arise

for service people.”.’.

Duties of ombudsmen and Covenant commitments

Gemma Doyle

Mr Kevan Jones

NC14

To move the following Clause:—

‘After section 359 of AFA 2006 insert—

“359C

Duties of Ombudsmen and Covenant commitments

‘The Parliamentary and Local Government Ombudsmen shall have the

duty to investigate complaints from service personnel that a public body

or local authority has failed to meet the commitments outlined in the ‘The

Armed Forces Covenant’ and ‘The Armed Forces Covenant: Today and

Tomorrow’.”.’.

Notices of Amendments: 10 June 2011

2340

Armed Forces Bill, continued

Defence statistics

Angus Robertson

NC15

To move the following Clause:—

‘(1)	The Secretary of State for Defence shall publish annual statistics on—

(a)	defence spending by each Government Office Region by—

(i)	equipment expenditure;

(ii)	non-equipment expenditure;

(iii)

service personnel costs;

(iv)	civilian personnel costs; and

(b)	defence spending in each local authority area by—

(i)	equipment expenditure;

(ii)	non-equipment expenditure;

(iii)

service personnel costs;

(iv)	civilian personnel costs.

(2)	The Secretary of State for Defence shall publish annual estimates of national and

regional employment dependent on MoD expenditure and defence exports.’.

UK Defence Base Closure and Realignment Commission

Angus Robertson

NC16

To move the following Clause:—

‘(1)	An independent UK Defence Base Closure and Realignment Commission shall

be established.

(2)	The Commission shall be comprised of 12 members reflecting the nations and

regions of the United Kingdom.

(3)	The Select Committee on Defence of the House of Commons shall, within a

fortnight of the conclusion of a Strategic Defence and Security Review, propose

the membership of the Commission, giving due weight to—

(a)	the nations and regions of the United Kingdom;

(b)	military and strategic expertise; and

(c)	experience in assessment of economic impacts.

(4)	The proposed membership shall be subject to approval by resolution of both

Houses of Parliament.

(5)	The Commission shall convene following the conclusion of a Strategic Defence

and Security Review to consider a draft force structure plan submitted by the

Secretary of State for Defence, and shall arrange for its reports to be laid before

Parliament within six months of the conclusion of such a Review.

(6)	The Commission will make recommendations for base closures and realignments

following consideration of the force structure plan, the economic effects of a

closure or realignment of a military installation and the strategic military presence

across the nations and regions of the United Kingdom.

Notices of Amendments: 10 June 2011

2341

Armed Forces Bill, continued

(7)	The Secretary of State shall lay a draft Order in Council to give effect to the

recommendations of the Commission which shall be brought into effect only if

approved by resolution of both Houses.

(8)	The Secretary of State shall not give effect to the draft structure plan referred to

in subsection (5) until parliamentary proceedings under subsection (7) are

concluded.’.

Duties of public bodies and Ministers

Gemma Doyle

Mr Kevan Jones

NC17

To move the following Clause:—

‘(1)	In preparing policy, public bodies and Ministers must have regard to those

matters to which the Secretary of State is to have regard in preparing an armed

forces covenant report, under subsection (2A) of section 359A of AFA 2006.

(2)	In preparing policy, public bodies and Ministers must consider whether the

making of special provision for service people or particular descriptions of

service people would be justified.’.

Thomas Docherty

1

Title,  line  2,  after ‘Police’, insert ‘to provide for parliamentary control of proposals to

close or realign bases for the armed forces.’.

Secretary Liam Fox

15

Title,  line  4,  after ‘Naval Medical Compassionate Fund Act 1915;’ insert ‘to make

provision about the call out of reserve forces;’.

Order of the House [10 January 2011]

That the following provisions shall apply to the Armed Forces Bill:

Select Committee

1.	The Bill shall be committed to a Select Committee.

2.	The Select Committee shall report the Bill to the House on or before 10

March 2011.

Committee of the whole House, consideration and Third Reading

3.	On report from the Select Committee the Bill shall be re-committed to a

Committee of the whole House.

4.	Proceedings in Committee of the whole House on re-committal, any

proceedings on consideration and proceedings on Third Reading shall be

Notices of Amendments: 10 June 2011

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Armed Forces Bill, continued

completed at one day’s sitting.

5.	Proceedings in Committee of the whole House and any proceedings on

consideration shall (so far as not previously concluded) be brought to a

conclusion one hour before the moment of interruption on the day on which

those proceedings are commenced.

6.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion one hour after the commencement of those

proceedings or at the moment of interruption on that day, whichever is the

earlier.

7.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings in Committee of the whole House and on consideration and

Third Reading.

Other proceedings

8.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Armed Forces Bill (Programme) (No. 2)

Secretary Liam Fox

That the Order of 10 January 2011 (Armed Forces Bill (Programme)) be varied as

follows—

1.	Paragraphs 4 to 6 of the Order shall be omitted.

2.	Proceedings in Committee of the whole House, any proceedings on

consideration and proceedings on Third Reading shall be taken in two days

in accordance with the following provisions.

3.	Proceedings in Committee shall be taken on the first day and shall (so far as

not previously concluded) be brought to a conclusion at the moment of

interruption on the first day.

4.	Any proceedings on Consideration and proceedings on Third Reading shall

be taken on the second day.

5.	Any proceedings on Consideration shall (so far as not previously concluded)

be brought to a conclusion two hours before the moment of interruption on

the second day.

6.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion two hours after the commencement of those

proceedings or at the moment of interruption on the second day, whichever is

the earlier.

Notices of Amendments: 10 June 2011

2343

Armed Forces Bill, continued

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Mr Philip Hollobone

Mr Alan Meale

Mr Peter Bone

Gordon Henderson

Mr David Nuttall

Mr Douglas Carswell

Mark Reckless

Martin Vickers

Mr Brian Binley

Michael Connarty

Tracey Crouch

Philip Davies

5

Clause  2,  page  2,  line  2,  at end insert—

‘(1)	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

Mr Alan Meale

Mr Peter Bone

Gordon Henderson

Mr David Nuttall

Mr Douglas Carswell

Mark Reckless

Martin Vickers

Mr Brian Binley

Michael Connarty

Tracey Crouch

Philip Davies

6

Clause  2,  page  2,  line  4,  leave out ‘Armed forces covenant report’ and insert ‘The

Military Covenant’.

Mr Philip Hollobone

Mr Alan Meale

Mr Peter Bone

Gordon Henderson

Mr David Nuttall

Mr Douglas Carswell

Mark Reckless

Martin Vickers

Mr Brian Binley

Michael Connarty

Tracey Crouch

Philip Davies

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;

Notices of Amendments: 10 June 2011

2344

Armed Forces Bill, continued

(c)	a county, metropolitan, city or district council;

(d)	the Greater London Authority;

(e)	a London borough council;

(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 subsection (4) 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 subsection (2) 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

Government’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.

© Parliamentary copyright	Revised 13 June 2011