HL Deb 22 April 1947 vol 147 cc35-7

4.25 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Henderson.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF DROGHEDA in the Chair.]

Clauses 1 and 2 agreed to.

Clause 3:

Payments for copies of proceedings of court-martial.

3. In Section one hundred and twenty-four of the Army Act (which entitles a person tried by court-martial to obtain a copy of the proceedings thereof upon payment therefor at the prescribed rate, not exceeding twopence for every folio of seventy-two words) for the words "at the prescribed rate, not exceeding two- pence for every folio of seventy-two words" there shall be substituted the words "at such rate, not exceeding the rate representing the estimated cost thereof, as may be prescribed."

LORD HENDERSON

I beg to move the first Amendment standing on the Order Paper in the name of my noble friend Lord Pakenham. Its object is to leave Section 124 of the Army and Air Force Acts worded as at present, with the sole amendment that "fourpence" is substituted for "twopence" as the maximum rate of charge to be made to an applicant for every folio of 72 words in a copy of the proceedings of a court-martial furnished to him in pursuance of the Section. The clause in the Bill, as drafted, would have left the rate to be fixed from time to time, in accordance with the cost of obtaining a copy, whatever that might be. In deference to views expressed in another place, my right honourable friend promised that an Amendment with the effect described would be carried into the Bill. The interests of the applicant will thus be protected by a statutory maximum rate which can be amended, if need be, in a future Annual Bill. I beg to move.

Amendment moved— Page 3, line 20, leave out from the first ("the") to the end of line 23 and insert ("word 'twopence' there shall be substituted the word 'fourpence'").—(Lord Henderson.)

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Clause 4:

Liability of officer to maintain wife and children.

4.—(1) At the end of Section one hundred and thirty-seven of the Army Act (which specifies the deductions which may be made from the ordinary pay due to an officer of the regular forces) there shall be added the following paragraph: (5) In respect of the maintenance of the officer's wife or child, or of any bastard child, or towards the cost of any relief given by way of loan to his wife or child, any sum ordered by the Army Council, or any officer deputed by them for the purpose, to be paid as mentioned in this Act.

LORD HENDERSON moved, in subsection (1), to leave out "bastard" and insert "illegitimate." The noble Lord said: The series of Amendments on the Order Paper are really connected, and with the permission of the House I will speak on them together. The object of these Amendments is to meet the view expressed by my noble friend Lord Kershaw on the Second Reading of the Bill—a view with which I am sire noble Lords were in sympathy. It was that we should take this opportunity of beginning a general elimination of the term "bastard" in favour of the term "illegitimate". These Amendments will remove the former term altogether from the Army and Air Force Acts. I beg to move.

Amendment moved— Page 3, line 29, leave out ("bastard") and insert ("illegitimate").—(Lord Henderson.)

LORD CROFT

I welcome this delicate improvement in the nomenclature.

On Question, Amendment agreed to.

Amendment moved— Page 3, line 37, leave out ("bastard") and insert ("illegitimate").—(Lord Henderson.)

On Question, Amendment agreed to.

Amendment moved— Page 4, line 9, leave out ("bastard") and insert ("illegitimate")—(Lord Henderson.)

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

Clause 5:

Amendments of Army Act, Section 145.

5.—(1) In Section one hundred and forty-five of the Army Act in subsection (1) (which renders a soldier of the regular forces liable to contribute to the maintenance of his wife and children as if he were not a soldier) for the words "not a soldier" there shall be substituted the words "not a member of the regular forces;".

Amendment moved— Page 5, line 11, after ("In") insert— ("Section one hundred and thirty-eight in paragraph 8, and in Section one hundred and forty-five, of the Army Act for the word "bastard", wherever that word occurs, there shall be substituted the word "illegitimate". (2) In the said")—(Lord Henderson.)

On Question, Amendment agreed to.

Amendment moved— Page 5, line 11, leave out ("of the Army Act").—(Lord Henderson.)

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Remaining clauses agreed to.

House resumed.