HL Deb 08 July 1981 vol 422 cc761-6

7.7 p.m.

The Minister of State for Defence Procurement (Viscount Trenchard)

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(Viscount Trenchard.)

On Question, Motion agreed to.

House in Committee accordingly.

[THE EARL OF LISTOWEL in the Chair.]

Clause 7 [Extent of accused's right to copy of record of court-martial proceedings]:

Viscount Trenchard moved Amendment No. 1: Page 9, line 24, leave outfrom ("section") to ("shall") in line 26.

The noble Viscount said: If I may, in moving Amendment No. 1, also speak to Amendments Nos. 3, 4, 5, 8, 9 and 22, I think it will be for the convenience of your Lordships. I should like just to say that every amendment I shall move—and I think that mine is the only name on the Marshalled List at the moment—is either of a technical or a procedural nature. I will try to keep my explanations as short as I possibly can. The first group to which I wish to speak, including Amendment No. 1 and the other amendments I have mentioned, which I shall move later, are all to do with the commencement time provisions of the Bill; that is to say, when it comes into force. Upon reflection, we have found that we can avoid delaying the application of a great many of these technical clauses to the period of one month after enactment. Therefore, all of these provisions are to do with time.

Clause 1, which continues the Service Discipline Acts, has to come into force immediately, and a revised list of other provisions which also have to come into force immediately is provided by virtue of Amendments Nos. 8 and 9. Amendments Nos. 1, 3, 4 and 5 seek to delete references to certain clauses coming into effect one month after enactment, as these are now overtaken by Amendment No. 9, which provides that they shall either come into effect immediately on enactment or subsequently by statutory instrument. Amendment No. 22 clarifies the position on commencement of Schedule 5. I beg to move.

On Question, amendment agreed to.

Clause 7, as amended, agreed to.

Clauses 8 to 13 agreed to.

Clause 14 [Temporary removal to and detention in a place of safety abroad of children of service families in need of care or control]:

Viscount Trenchard moved Amendment No. 2: Page 20, line 30, leave out ("and "service hospital"") and insert ("service hospital" and "service law"").

The noble Viscount said: Amendment No. 2 relates to Clause 14, which deals with the temporary removal to and detention in a place of safety of children in overseas service communities considered to be at risk. Clause 14(1) makes clear that children affected by the provision must form part of a family subject to service law; the amendment seeks to rectify an unintentional omission in subsection (11) of Clause 14, to make clear that service law is to be interpreted in the same way as in the previous clause; that is to say as: military law, air-force law or the Naval Discipline Act 1957". I beg to move.

On Question, amendment agreed to.

Clause 14, as amended, agreed to.

Clause 15 [Prize offence: minor amendment as to intent]:

Viscount Trenchard moved Amendment No. 3: Page 21, line 1, leave out from ("section") to ("shall") in line 3.

The noble Viscount said: I beg to move Amendment No. 3, to which I have already spoken.

On Question, amendment agreed to.

Clause 15, as amended, agreed to.

Clauses 16 to 23 agreed to.

Clause 24 [Abolition of the office of Accountant General of the Navy]:

Viscount Trenchard moved Amendment No. 4: Page 25, line 1, leave out subsection (3).

On Question, amendment agreed to.

Clause 24, as amended, agreed to.

Clause 25 [Naval prize cash balance not to include percentage deduction]:

Viscount Trenchard moved Amendment No. 5: Page 25, line 12, leave out subsection (2).

On Question, amendment agreed to.

Clause 25, as amended, agreed to.

Clause 26 agreed to.

Viscount Trenchard moved Amendment No. 6: After Clause 26, insert the following new clause:

("Naval and marine pay and pensions: no further publication in London Gazette

. Orders in Council made under the Naval and Marine Pay and Pensions Act 1865 (which regulate the payment of such pay and pensions) shall cease to be published in the London Gazette.").

The noble Viscount said: In moving Amendment No. 6, I should like also to speak to Amendment No. 21, which contains the consequential repeal. The purpose of these amendments is to remove the requirement under the Naval and Marine Pay and Pensions Act 1865 that orders in council for changes in naval pay and pension rates should be published in the London Gazette. The parallel requirement that these Orders in Council should be laid before Parliament is left unaltered. This requirement for publication of the rates in the London Gazette, which costs £13,000 per annum and is unique to the Royal Navy, is a pure formality as there is, of course, a separate departmental system, which will continue, for communicating new rates of pay and pension within the Royal Navy. I beg to move.

On Question, amendment agreed to.

Clause 27 [Minor and consequential amendments and repeals]:

Viscount Trenchard moved Amendment No. 7: Page 25, line 28, at end insert ("subject, in the case of the repeals included in Part I, to the saving at the end of that Part.").

The noble Viscount said: In moving Amendment No. 7, I should like also to speak to Amendment No. 20, which I shall then move subsequently. These two amendments relate to the first part of Schedule 5, which contains repeals consequent upon the assimilation of the women's services for the purposes of statute law provided for in Clause 20. What Clause 20—and Schedule 3, to which it gives effect—actually does is to make clear how various references to the "Services" in legislation are to be understood with regard to the inclusion or otherwise of members of the women's services. In consequence, it is no longer necessary to retain a large number of separate references to the women's services in existing statutes and these are repealed in Schedule 5. However, we think it right to make clear that the repeal will not affect any claim by a member of the women's services, which relates to service prior to the date of repeal and Amendment No. 20, to which Amendment No. 7 gives effect, will put the matter beyond doubt. I beg to move.

On Question, amendment agreed to.

Clause 27, as amended, agreed to.

Clause 28 [Commencement]:

Viscount Trenchard moved Amendment No. 8:

Page 25, line 29, leave out from beginning to ("shall") in line 30 and insert ("Subject to subsections (4) and (5) below, this Act")

Page 25, line 38, at end insert— ("(4) The following provisions of this Act shall come into force on the day it is passed, namely, sections 1, 7, 15, 16, 17, 19, 20, 21, 22, 25, 26, (Naval and marine pay and pensions: no further publication in London Gazette), 27(2), this section, section 29 and Schedule 3.

The noble Viscount said: I have already spoken to Amendment No. 8. I beg to move.

On Question, amendment agreed to.

Viscount Trenchard moved Amendment No. 9:

Page 25, line 38, at end insert— ("(4) The following provisions of this Act shall come into force on the day it is passed, namely, sections 1, 7, 15, 16, 17, 19,20, 21, 22, 25, 26, (Naval and marine pay and pensions: no further publication in London Gazette), 27(2), this section, section 29 and Schedule 3. (5) The repeals contained in Schedule 5 to this Act shall come into force in accordance with the provisions at the end of that Schedule.").

The noble Viscount said: I have already spoken to Amendment No. 9. I beg to move.

On Question, amendment agreed to.

Clause 28, as amended, agreed to.

Remaining clause agreed to.

Schedules 1 and 2 agreed to.

Schedule 3 [Women's services]:

7.19 p.m.

Viscount Trenchard moved Amendment No. 10:

Page 31, line 31, at end insert— ("8A. In section 2(1) of the Marriage (Registration of Buildings) Act (Northern Ireland) 1967, in paragraph (a) for the words following "is serving in" there shall be substituted the words "any of the regular armed forces of the Crown" and in paragraph (b) for the word "mentioned" there shall be substituted the word "included".").

The noble Viscount said: Amendment No. 10, and the consequential repeal in Amendment No. 18 to which I should also like to speak, is the first of a number of consequential amendments required in respect of Northern Ireland legislation. The amendment is the Northern Ireland equivalent of the amendment already contained in paragraph 8 of Part II of Schedule 3, which is an amendment consequential on the statutory assimilation of the Women's Services. I beg to move.

On Question, amendment agreed to.

Schedule 3, as amended, agreed to.

Schedule 4 [Minor and consequential amendments]:

Viscount Trenchard moved Amendment No. 11: Page 33, line 23, at end insert—

("The Rehabilitation of Offenders (Northern Ireland) Order 1978

3.—(1) In Article 4(4) of the Rehabilitation of Offenders (Northern Ireland) Order 1978, after sub-paragraph (d) there shall be added the following sub-paragraph— (e) detention by virtue of a custodial order made under section 71AA of or Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or under section 43AA of or Schedule 4A to the Naval Discipline Act 1957.".

(2) The following entries shall be made in Table B in Article 6(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation period for particular sentences)—

  1. (a) after the first entry relating to a custodial order under Schedule 5A to the 1955 Acts, or under Schedule 4A to the 1957 Act—
    2. 765
  2. (b) after the second entry relating to a custodial order—

The noble Viscount said: Amendment No. 11 to Schedule 4 is again a consequential amendment that is required for Northern Ireland legislation. Paragraph 2 of Schedule 4 already provides for the new custodial orders proposed in Clause 2 of the Bill for young service offenders to be subject to the Rehabilitation of Offenders Act 1974 which applies to Great Britain. The amendment will achieve the same effect for Northern Ireland. I beg to move.

On Question, amendment agreed to.

Schedule 4, as amended, agreed to.

Schedule 5 [Repeals]:

Viscount Trenchard moved Amendments Nos. 12 to 22:

Page 34, leave out lines 23 to 34.

Page 34, line 46, at end insert—

("14 &15 Geo. 6. c. 10. The Reinstatement in Civil Employment Act 1950. In section 1, paragraph (e) In section 5(2), paragraph (iii) and the words "or paragraph (iii)".
In section 8(1), the definition of "the competent naval, military or air force authority" and, in the definition of "service in the armed forces of the Crown", the words following "regular forces".
14 &15 Geo. 6. c. 65. The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. In section 64 subsection (2) In Schedule 1, in paragraph 1, sub-paragraph (v).").

Page 35, line 10, at end insert ("In section 366(4), the words "(whether men or women)".").

Page 35, line 50, at end insert—

("1976 c. 25. The Fair Employment (Northern Ireland) Act 1976. In section 50(4), paragraph (a)(ii) and the immediately preceding "and".").

Page 36, line 10, at end insert—

("1980 c. 9. The Reserve Forces Act 1980. In Schedule 8, paragraph 5(1)(b) and the immediately preceding "and".").

Page 36, line 12, at end insert—

("1945 c. 6 (N.I.). The Disabled Persons (Employment) Act (Northern Ireland) 1945. In section 16, the words "of the following classes, that is to say: (a) men" and paragraph (b) together with the word "and" at the end of paragraph (a).
Schedule 1.
1960 c. 4 (N.I.) The Disabled Persons (Employment) Act (Northern Ireland 1960. Section 4.").

Page 36, line 16, at end insert—

("1967 c. 32 (N.I.) The Marriage (Registration of Buildings) Act (Northern Ireland 1967. In section 2, in subsection (1), paragraph (d) and subsections (2) and (3). Schedule 1.").

Page 36, line 39, at end insert—

("S.I. 1976/1213 (N.I.22) The Pharmacy (Northern Ireland) Order 1976. In Article5, paragraph 5(b) and the preceding "and".").

Page 36, line 43, at end insert— ("Nothing in the repeal of a reference in any enactment to any women's service (or its reserve) shall affect the accrual after the date of the repeal of a right arising under that enactment by virtue of service before that date in that service (or reserve) or the continued validity or the issue after that date of any certificate or other document required to establish a right so arising.").

Page 36, line 49, at end insert—

("28 &29 Vict. c. 73. The Naval and Marine Pay and Pensions Act 1865. In section 12, the words "shall be published in the London Gazette and".").

Page 37, line 56, at end insert— ("1. The following repeals shall come into force on the day this Act is passed:—

  1. (a) the repeals contained in Part I of this Schedule;
  2. (b) the repeals contained in Part II of this Schedule which relate to the Naval Agency and Distribution Act 1864, the Naval and Marine Pay and Pensions Act 1865, the Army Pensions Act 1914, section 93 of the Naval Discipline Act 1957, and Schedule 9 to the Armed Forces Act 1976.
2. The repeal of section 1 of the Armed Forces Act 1976 shall come into force on 1st September 1981 (in accordance with section 1(5) of this Act). 3. Subject to paragraphs 1 and 2 above, the repeals contained in this Schedule shall come into force in accordance with section 28(1) to (3) of this Act.").

The noble Viscount said: With your Lordships' permission and that of the Chair, I wonder whether it would be convenient if I were to move the final Government Amendments, Nos. 12 to 22, en bloc. All of these amendments are repeals consequential upon the provisions of the Bill. I have already spoken to Amendments Nos. 18, 20, 21 and 22. Of the remainder, Amendments Nos. 15, 17 and 19 are again amendments required to Northern Ireland legislation consequent upon the statutory assimilation of the women's services. Amendments Nos. 12, 13, 14 and 16 also reflect this assimilation and make further consequential repeals. I beg to move.

On Question, amendments agreed to.

Schedule 5, as amended, agreed to.

House resumed: Bill reported with the amendments.