§ Lord Donaldson of Kingbridgeasked Her Majesty's Government:
What arrangements exist for implementing an attachment of earnings order made on a serviceman; how arrangements differ between the three armed services and why; and whether they will review these arrangements with a view to achieving greater 1022WA uniformity and ensuring that the optimum arrangements are made to enable courts to make such orders on servicemen whenever they think it appropriate to do so.
Lord TrenchardSection 24 (2) (b) of the Attachment of Earning Act 1971 provides that pay and allowances payable to the debtor as a member of Her Majesty's Forces are not to be treated as earnings for the purposes of the Act. It is, however, also the case that Sections 150, 151A and 146 respectively of the Army Act 1955 and the Air Force Act 1955 (and similar provisions relating to the Royal Navy) facilitate the making of deductions from pay in discharge of payments ordered by a civil court in repect of the maintenance of a wife or child or the satisfaction of judgment debts or fines, et cetera. In cases where the services meet the payment of any such amount ordered by the civil court to be paid by the servicemen that amount may be deducted from the serviceman's pay. This system works satisfactorily provided a serviceman's commanding officer is supplied with a copy of the court's judgment and a request for payment so that the appropriate action can be taken under the relevant Service Discipline Act and regulations. In practice, fines are very often paid in this way, particulary if there has otherwise been difficulty in collection by the court.
There are no substantial differences in the arrangements between the services, although the system does allow discretion to commanding officers in detailed application. I do not consider a review with the object of achieving greater uniformity or of making any other change to be required.
House adjourned at six minutes before eleven o'clock.