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Page 70, line 24, at end insert--
("(2) In this paragraph "civil court" has the same meaning as in Part X.").

The noble Earl said: This amendment shows the need to include a separate definition of civil court in Schedule 1. I beg to move.

On Question, amendment agreed to.

Schedule 1, as amended, agreed to.

Schedule 2 [Deserters and absentees without leave]:

Earl Howe moved Amendment No. 261:

Page 70, line 44, leave out ("land or air").

The noble Earl said: This amendment completes the process of making Schedule 2 apply equally to all the reserve forces. The words "land and air" escaped the draftsman's blue pencil when the schedule was prepared. I beg to move.

On Question, amendment agreed to.

The Deputy Chairman of Committees: There is an error in the Marshalled List. I should call Amendment No. 262 before Amendment No. 261A.

[Amendment No. 262 not moved.]

[Amendment No. 261A not moved.]

Schedule 2, as amended, agreed to.

Schedule 3 [Evidence]:

Earl Howe moved Amendment No. 263:

Page 73, line 16, leave out ("criminal"). The noble Earl said: This minor amendment allows for the fact that not all the proceedings covered by Schedule 3 could properly be described as criminal. I beg to move.

24 Jan 1996 : Column 41

On Question, amendment agreed to.

Schedule 3, as amended, agreed to.

Schedule 4 [Provisions of schemes for the constitution of associations]:

Lord Mottistone moved Amendment No. 264:

Page 76, line 47, leave out ("or Deputy Governor").

The noble Lord said: As I have just completed a happy appointment as Governor of the Isle of Wight I feel that I might take some of your Lordships' time to explain the reasons for the amendment. I was most surprised to see provision made for Deputy Governors to be ex officio members of relevant territorial associations. Your Lordships may be interested to know that Lords, Captains and Governors of the Isle of Wight with similar responsibilities to those of Lord Lieutenants with regard to ensuring loyalty to the Crown and where necessary raising the militia were first appointed by Norman kings in 1066, some 500 years before Lord Lieutenants were introduced by the Tudors. There is some record in the Isle of Wight of Deputy Governors being appointed in the 17th century, but none in this century by either Princess Beatrice, who was Governor for 50 years from the 1890s to her death in the 1940s, or her immediate successor in the 1950s, the Duke of Wellington, or his successor in the sixties and seventies, Lord Mountbatten.

From studying earlier legislation, it seems to me that the provision for Deputy Governors was formally introduced into law at the request of Viscount Eversley, an ex-Speaker of another place, whose titles died with him. He was the Governor of the Isle of Wight in the 1880s at the time of the passing of the Militia Act 1882 which introduced Deputy Governors in a large way.

So far as we know in the Isle of Wight, none of the Viscount's successors has found it necessary to implement the provisions of the Act with regard to deputies.

It seems to me that there is therefore no need for mention in the Bill. It is perhaps of interest that Governors are appointed by the Queen. They have sometimes been royal persons, sometimes distinguished persons from mainland England and sometimes even islanders like myself. The present Queen takes great personal interest in these appointments and the governorship of the Isle of Wight reverts to the Crown between appointments. That is the case at present, as I retired about a month ago. I beg to move.

Earl Howe: My noble friend Lord Mottistone is an acknowledged and respected champion of the Isle of Wight and having listened to his very cogent argument I am perfectly content on behalf of the Government to accept his amendment. I might add that the reference to the Deputy Governor in this context first appeared in Section 39(4) of the Territorial and Reserve Forces Act 1907, so my noble friend's amendment would achieve a long overdue correction of the statute book on this small, but of course highly significant, point.

Lord Mottistone: I have to intervene to say that the first time that the Deputy Governors were mentioned was in Section 49 of the Militia Act 1882!

24 Jan 1996 : Column 42

On Question, amendment agreed to.

Earl Howe moved Amendment No. 265:

Page 77, line 8, after ("Marines") insert ("or the Royal Marines Reserve").

The noble Earl said: I will speak also, with the leave of the Committee, to Amendment No. 266. These minor amendments make it explicit rather than implicit that current or former membership of the Royal Naval Reserve and Royal Marines Reserve is a qualification for the appropriate category of membership of the Territorial, Auxiliary and Volunteer Reserve Associations. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 266:

Page 77, line 14, after ("Navy") insert ("or the Royal Naval Reserve").

On Question, amendment agreed to.

Schedule 4, as amended, agreed to.

Schedules 5 to 8 agreed to.

Schedule 9 [Minor and consequential amendments]:

Earl Howe moved Amendment No. 267:

Page 90, leave out lines 1 to 8.

The noble Earl said: This amendment removes material which is now covered more fully in Schedule 7. I beg to move.

On Question, amendment agreed to.

Schedule 9, as amended, agreed to.

The remaining schedule agreed to.

Lord Williams of Elvel: We are coming to the end of this rather extraordinary Committee. I am grateful, if I may say so, to the Chairman for conducting proceedings of a somewhat farcical nature in the way that he has done. I hope now that the Government have a Bill after more than two hours of the Committee's time. I hope the Government now have a Bill that they can seriously put before the Committee. As the Bill has only been in draft for about six months, and in consultation for perhaps longer than that, that of course is an achievement. But I hope very much that on Thursday we can get on to the main business of the Committee which is discussing Opposition and other noble Lords' amendments and arguments to the Government's Bill.

Earl Howe: I am conscious of the number of government amendments and, of course, that is to be regretted, but I also feel that the noble Lord is being a little less than generous in regard to the amendments brought forward specifically at his behest which we have made great efforts to include. While I take his point and I regret the time that this has taken, I do believe that the majority of the amendments which I have moved this afternoon have been of a minor, technical or drafting nature which have been quickly dealt with.

Bill to be reported with amendments. The Committee adjourned at twenty minutes before six o'clock.

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