HC Deb 14 December 1949 vol 470 cc2677-80

Lords Amendments considered.

Clause 1. —(ESTABLISHMENT OF TERRITORIAL ARMY ASSOCIATIONS FOR TWO OR MORE COUNTIES.)

Lords Amendment: In page 2, line 3, at the end, insert: (3) The scheme under section one of the Act of 1907 for an association established for two or more counties shall provide for constituting the lieutenant of any of those counties a vice-president of the association in any case where he is not president of the association and is willing to serve as vice-president.

3.52 p.m.

The Under-Secretary of State for War (Mr. Michael Stewart)

I beg to move, "That this House doth agree with the Lords in the said Amendment."

It has the simple effect that, where a joint association is formed for two or more counties and the Lord Lieutenant of one county is the president of the association, then the Lords Lieutenant of the other counties shall be vice-presidents.

Earl Winterton (Horsham)

It is only right that on this point, which was raised by one of my right hon. Friends or one of my hon. Friends behind me, I should take the opportunity of thanking the hon. Gentleman for agreeing to the proposal which meant that due recognition would be given to both Lords Lieutenant.

Question put, and agreed to.

Lords Amendment: In page 2, line 12, leave out subsection (4) and insert: (4) As respects an association established for the City of London and one or more other counties, the Act of 1907 and the foregoing provisions of this section shall have effect subject to the following provisions, that is to say,—

  1. (a) subsections (2) and (3) of this section shall apply as if the Lord Mayor of the City of London were the lieutenant of a county, and
  2. (b) subsection (3) of section thirty-nine of the Act of 1907 (which provides that the Lord Mayor shall ex officio be president of the association of the City of London) shall not apply."

Mr. M. Stewart

I beg to move, "That this House doth agree with the Lords in the said Amendment."

It is purely consequential and places the Lord Mayor of London in the same position as the Lord Lieutenant of the county for this purpose.

Question put, and agreed to.

Clause 3. —(POWERS AND DUTIES OF ASSOCIATIONS.)

Lords Amendment: In page 4, line 13, at the end insert: (2) Without prejudice to the provisions of the last foregoing subsection, it shall be the duty of an association to make itself acquainted with and conform to the plan of the Admiralty for the organisation within the area for which the association is constituted of the reserves of the Royal Navy and of the reserves of the Royal Marines in so far as that plan relates to matters with respect to which functions are conferred on the association under the next following subsection.

Mr. M. Stewart

I beg to move, "That this House doth agree with the Lords in the said Amendment."

It states a little more fully and clearly the duties of the association.

Question put, and agreed to.

Clause 5. —(CONDITIONS OF SERVICE.)

Lords Amendment: In page 7, line 13, leave out "within the meaning," and insert "in accordance with the provisions."

Mr. M. Stewart

I beg to move, "That this House doth agree with the Lords in the said Amendment."

It will require slightly more comment than the last Amendment. The position is that volunteers in the Territorial Army enjoy certain safeguards with regard to compulsory posting and compulsory transfer, which safeguards it is not intended should be enjoyed by National Service men doing their part-time service in the ordinary way. But the National Service men who volunteer for a term of part-time service, as stated in the Act, do enjoy those safeguards. The purpose of this Amendment is to make it clear beyond all possible doubt that they do enjoy such safeguards.

Such men, the National Service Act states, are not deemed to be enlisted in accordance with the provisions of the relevant part of the National Service Act. The wording here, therefore, by using that very phrase, in accordance with the provisions excludes such men from this subsection and consequently includes them among those who enjoy the safeguards.

Earl Winrerton

This, again, was a point which I think was put from these benches, the case being that there should be a favourable differentiation between volunteer Territorials, if I may coin a phrase, and others. I am obliged to the hon. Gentleman for accepting it.

Question put, and agreed to.

Clause 7. —(APPLICATION OF ENACTMENTS TO ROYAL AUXILIARY AIR FORCE.)

Lords Amendment: In page 8. line 31. at end insert: (c) to provide for any joint assurance that of the chairman and vice-chairman or vice-chairmen at least one shall be a military member of the association and at least one shall be an air force member of the association.

Mr. M. Stewart

I beg to move, "That this House doth agree with the Lords in the said Amendment."

It will be for the convenience of the House to discuss with this Amendment the two subsequent Amendments. Together they simplify the drafting and meet a point which was raised in an earlier Debate in this House by the hon. and gallant Member for Macclesfield (Air-Commodore Harvey).

Question put, and agreed to.

Clause 10. —(LIABILITY OF NAVAL AND MARINE RESERVES TO BE CALLED INTO ACTUAL SERVICE.)

Lords Amendment: In page 11, line 8, leave out from "not" to "for" in line 9, and insert: without his consent in writing be liable to serve in pursuance of this subsection.

Mr. M. Stewart

I beg to move, "That this House doth agree with the Lords in the said Amendment."

The effect of this Amendment is to put men of the Naval and Marine Reserves in the same position in this respect as is achieved for the Army by the proviso to Clause 12 (2) of the Bill.

Question put, and agreed to. Remaining Lords Amendments agreed to.