Government Bills
Bills drawn to the special attention of each
House
1 Armed Forces Bill
| Date introduced to first House
Date introduced to second House
Current Bill Number
Previous Reports
| 8 December 2010
HL Bill 115
None
|
Introduction
1.1 The Armed Forces Bill was introduced into the House of Commons
on 8 December 2010.[1]
The Rt Hon Liam Fox MP, Secretary of State for Defence, has
certified that, in his view, the Bill is compatible with Convention
rights. The Bill received its Second Reading on 10 January 2011
and was considered by a Special Select Committee on the Bill which
published its Report on 10 March 2011.[2]
Explanatory Notes/Human Rights Memorandum
1.2 The Explanatory Notes to the Bill set out the Government's
analysis of the most significant human rights issues raised by
the Bill at paragraphs 180-194. These contain a reasonably detailed
human rights analysis of five clauses in the Bill,[3]
but state that it is not considered that any other provision of
the Bill raises issues in relation to the Convention or other
human rights instruments.[4]
1.3 A more detailed human rights memorandum was provided
by the Ministry of Defence (MoD), however, on 11 January 2011.[5]
This human rights memorandum is a helpful document, covering a
wider range of issues than the Explanatory Notes[6]
and containing a useful summary of some significant human rights
issues concerning the armed forces which have been litigated since
the passage of the Armed Forces Act 2006. It cites relevant case-law
and explains why in the Government's view various provisions of
the Bill are compatible with relevant human rights standards as
interpreted in those cases. The Bill team also made itself available
to meet the Committee's staff, both before and after the Bill's
introduction, and officials have been very constructive and co-operative
throughout in assisting with our scrutiny of this Bill. We wrote
to the Secretary of State for Defence on 8 February 2011 asking
for further information on a number of specific human rights issues
raised by the Bill.[7]
We received a detailed and thorough reply from the Minister for
Defence Personnel, Welfare and Veterans, Andrew Robathan MP, on
28 February 2011. We welcome
the proactive and facilitative approach taken by the MoD to our
scrutiny of the Bill's human rights compatibility, including the
provision of a detailed and helpful human rights memorandum, and
we commend that approach to other Departments as an example of
good practice.
1.4 In this Report we comment on the most significant
human rights issues raised by the Bill.
Significant human rights issues
1 HC Bill 115. Back
2
The Special Select Committee on the Armed Forces Bill, The
Armed Forces Bill, Special Report of Session 2010-11, HC 779. Back
3
Clauses 7, 8, 11, 17 and para. 4 of Schedule 3. Back
4
EN para. 194. Back
5
EV 2. Back
6
Although paras 45-59 of the memorandum reproduce paras 180-194
of the Explanatory Notes, paras 1-45 cover human rights issues
not covered at all in the Explanatory Notes. Back
7
EV 3. Back
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