§ Motion made, and Question proposed, "That the Clause stand part of the Bill."
Captain CROOKSHANKThere is a small drafting point which I wish to raise. I think there is a mistake here. The Clause says:
The Amendments specified in the second column of the Second Schedule to this Act … shall be made in or, as the case may be, inserted after the Sections of the Army Act specified in the first column of the said Schedule.In the Second Schedule we find an enormous number of Amendments, and, quite rightly, the column gives the Section where they should be inserted, but at the bottom of page 24 there are a few Amendments referred to, which are to apply "Throughout the Act." I am not sure that that could be done if this Clause stands as it is. The Clause only gives power to have the Amendments specified in the Second Schedule inserted in the relevant places. I do not think that it gives power to the whole variety of Amendments throughout the Act, and, 571 incidentally, it seems to me a very slipshod way to introduce Amendments in the Bill to say that "throughout the Act" certain words are to be substituted for other words. To make the Schedule fit the Clause, it seems to me that instead of these words it should say every Section where these words have to be inserted. As it is obviously not the intention to do that, I would ask the Under-Secretary whether he is satisfied that the words of this Clause will really do what is intended. I do not think that they will.
§ Mr. COOPERWe have gone very closely into this point, and my advisers are satisfied that these words do carry out the intention of the Act. I do not know why my hon. and gallant Friend should object to the words "Throughout the Act." I do not think that you can have any shorter, more concise or plainer words to explain that these words apply to any Section of the Act. If he can suggest any better way of conveying that intention in shorter and clearer words, we shall no doubt be glad to consider the possibility of inserting them instead, but, as far as I am aware, or can imagine, there are no better words than "Throughout the Act."
Captain CROOKSHANKI do not want to press the point, and I agree that the words "Throughout the Act" are the clearest possible three words to be employed, but I do not think that that is the way in which you can make Amendments, according to the Clause. It seems to me that the only way to bring these words into the ambit of Clause 9 would be to put a whole string of Sections of the Act in which these words are to be inserted. If, however, the hon. Gentleman's legal advisers consider it all right, I will not fight them over it, but it does not seem to do what the Clause says.
§ Question, "That the Clause stand part of the Bill," put, and agreed to.
§ Clauses 10 (Application to Air Force Act), 11 (Provisions as to attached personnel), 12 (Amendment of Army Act, s. 183), 13 (Provisions as to attached personnel) and 14 (Minor and consequential amendments of Air Force Act) ordered to stand part of the Bill.