Serious Crime Bill [HL]

moved Amendment No. 74: 74: After Clause 54, insert the following new Clause— ““Amendments relating to service law Schedule (Amendments relating to service law) (which amends enactments relating to service law) has effect.”” The noble Baroness said: My Lords, it seems that we are taking turns. Amendments Nos. 74, 76, 79, 80, 135 and 138 concern the Armed Forces and the impact that Part 2 will have on the law that governs them. Members of the Armed Forces, as well as being subject to the criminal law of England and Wales wherever in the world they happen to be, are also subject to service disciplinary offences, which are peculiar to those serving in the Armed Forces. Some of the more serious disciplinary offences—for example, assisting an enemy—are punishable with a maximum sentence of life imprisonment, and some disciplinary offences also apply to certain civilians, such as family members of service personnel and contractors. The Law Commission’s report did not considerthe position of the Armed Forces. The Ministry of Defence wishes Armed Forces legislation to remain consistent with the criminal law. It is a service discipline offence to incite service personnel, or a civilian subject to service discipline, to commit a service disciplinary offence, such as looting. The policy intention of the amendments is to replace references to incitement in Armed Forces and service discipline legislation with the offences in Part 2. Amendments Nos. 74 and 76 insert a schedule of enactments that affect the Armed Forces, and the principal amendment is to the Armed Forces Act 2006, which received Royal Assent on 8 November last year but has yet to be implemented. The amendments affect Sections 40 and 46 of the 2006 Act. As drafted, Section 40 makes it an offence to incite service personnel, or civilians subject to service discipline,to commit a service disciplinary offence. The amendment of Section 40 will apply the three new statutory offences in place of incitement to service disciplinary offences. Section 46 provides that members of the Armed Forces, and civilians subject to service discipline, commit a criminal offence if they incite another to do an act that would be a criminal offence if done in England and Wales, but the act itself need not be in England and Wales. The amendment of Section 46 will apply the three new statutory offences to criminal conduct committed outside England and Wales where members of the Armed Forces, and civilians subject to service discipline, encourage or assist the commission of the offence. Amendments Nos. 79, 80, 135 and 138 are consequential on those amendments. I hope that your Lordships will accept this group as necessary and important. I beg to move. On Question, amendment agreed to. Clause 56 [Consequential amendments: Part 2]: [Amendment No. 75 not moved.]