UK Parliament / Open data

Armed Forces Bill

Thank you, Mr Bone, for allowing me to go back, very briefly, to clause 2.

The new powers in clause 2 reflect the range of duties undertaken in the military environment—for example, diving, driving and commanding a mechanically propelled vehicle—not covered by road transport legislation. The use of firearms would not be covered either, and neither would other duties considered to be safety critical, such as running adventurous training. So there are some extra duties not covered by other legislation, which is why these provisions go slightly further.

On clause 3 and the question of whether we are effectively reducing the powers of the CO, the change to the procedure followed by the service police after an investigation relates only to cases where the CO does not have jurisdiction over the recommended charge. Such a case could still be referred back to the CO by the Director of Service Prosecutions if an alternative charge within his powers was considered appropriate. The uncertain power of the CO to wait and see and do nothing will be removed, but it is, in any event, vulnerable to attack, particularly given that it applies to serious cases in relation to which the service police have determined there is sufficient evidence to charge an individual with an offence that can be tried only by court martial. The change to the process of charging means that the DSP will have the power to bring a charge, whereas currently only the CO has the power, although he might be directed by the DSP to do it. I realise it sounds complicated, but actually it simplifies the process to avoid having to refer cases to the CO over which he has no power anyway. In more than 90% of cases, the CO will still be involved.

I am sure that the hon. Member for Strangford (Jim Shannon) will remain in his place for the duration of the Committee, so I will deal with the other points he raised when we get to those clauses.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clauses 4 and 5 ordered to stand part of the Bill.

About this proceeding contribution

Reference

603 c1604 

Session

2015-16

Chamber / Committee

House of Commons chamber
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