Baroness Symons of Vernham Dean: I understand the reasons for the noble Lord's amendment. It is tempting to draw parallels with the arrangements in the civilian criminal justice system. In the civilian courts, the accused, in choosing between trial by magistrates or trial in the Crown Court, faces the possibility of a heavier sentence in the higher court. The noble and learned Lord, Lord Mayhew, drew our attention to that...
Baroness Symons of Vernham Dean: The noble Earl raised those issues at Second Reading. I appreciate his motives for bringing them forward again now. Like the noble Earl, I am not convinced that those matters are appropriate for primary legislation. I believe that the noble Earl made clear that that was also his view and that he was using the amendment as a means of elucidating our views. At present, those issues are covered...
Baroness Symons of Vernham Dean: Amendment No. 89 re-visits an issue that first emerged in your Lordships' Chamber when we were considering the then Human Rights Bill. The noble Lord asked me to make sure that copies of various correspondence that he mentioned were placed in the Library of the House. I am grateful to the noble and gallant Lord, Lord Craig of Radley, for giving his consent in relation to the correspondence...
Baroness Symons of Vernham Dean: I recognise the noble Lord's concern that the Bill should do nothing to undermine discipline. The noble Lord, Lord Renton, made his views very clear in an admirably succinct manner at Second Reading. I hope that I was able to make it equally clear on that occasion that the Government do not believe that the Bill and the interests of discipline are in any way in conflict with each other. On...
Baroness Symons of Vernham Dean: moved Amendment No. 91: Page 38, line 23, leave out ("83ZJ") and insert ("52FP").
Baroness Symons of Vernham Dean: This is a minor amendment designed solely to correct a drafting error. The error arose when a section number from the Army Act 1955 and Air Force Act 1955 was incorrectly referred to in relation to the Naval Discipline Act 1957. I beg to move.
Baroness Symons of Vernham Dean: I am entirely clear why these amendments have been tabled. The concerns that they reflect were eloquently expressed during the Second Reading debate. It was said that summary discipline would be undermined if the impact of immediate punishment was lost. I should emphasise that, under the proposals in the Bill, sentences will take immediate effect except, of course, for custodial sentences. I...
Baroness Symons of Vernham Dean: The fair answer to the noble Earl is probably not a very helpful one. It might be a good reason. The noble Earl said that the accused will know whether or not he or she has been fairly dealt with. But that may not be the only consideration in an individual's mind about what to do next. An individual may want to take into account all kinds of other considerations, including, of course, getting...
Baroness Symons of Vernham Dean: moved Amendment No. 94: Page 53, line 49, leave out from ("making") to end of line 50 and insert ("elections under section 118ZA(2) of this Act and withdrawing such elections;".").
Baroness Symons of Vernham Dean: In moving this amendment, I shall speak also to Amendment No. 95. These two minor amendments clarify the wording of paragraphs 4 and 5 of Schedule 3. The intention is for subsection (2) of Section 118ZA or Section 85A to be read as qualifying the election, not as identifying the provision under which election is withdrawn. As currently drafted, the paragraphs could be interpreted as implying...
Baroness Symons of Vernham Dean: moved Amendment No. 95: Page 54, line 3, leave out from ("making") to end of line 4 and insert ("elections under section 85A(2) of this Act and withdrawing such elections;"."). On Question, amendment agreed to. Schedule 3, as amended, agreed to. Clauses 26 and 27 agreed to. Schedule 4 agreed to. Clause 28 agreed to. House resumed: Bill reported with amendments.
Baroness Symons of Vernham Dean: The examination of Gurkha pensions and gratuities is now complete. Within the terms of the tri-partite agreement (TPA) between India, Nepal and the UK Gurkha pensions will be increased to allow for a welfare related cash uplift to take account of Indian government benefits in kind that will at least double the pension payments for all Gurkha pensioners. Increases will be introduced from 1...
Baroness Symons of Vernham Dean: On 27 September 1999 the European Court of Human Rights delivered its judgment in a case brought by four ex-Service personnel of the United Kingdom Armed Forces who had each been discharged on the grounds of their homosexuality. The Government accepted the Court's judgment and asked the Chief of Defence Staff to set in hand an urgent review of policy in this area. That review has now been...
Baroness Symons of Vernham Dean: My Lords, I beg to move the Motion standing in my name on the Order Paper. Moved, That the amendments for the Report stage be marshalled and considered in the following order: Clauses 1 to 10, Schedule 1, Clauses 11 to 13, Schedule 2, Clauses 14 to 25, Schedule 3, Clauses 26 and 27, Schedule 4, Clause 28.--(Baroness Symons of Vernham Dean.)
Baroness Symons of Vernham Dean: The feasibility study has concluded that compulsory mobilisation is feasible in both legal and practical terms. This will enable the TA to make a major contribution to front-line operations and reflects and supports the intent of the Strategic Defence Review that the Territorial Army should be usable. At the same time, as a result of the reduction in UK force levels in the Balkans, we judge...
Baroness Symons of Vernham Dean: My Lords, the amendment proposed by the noble Lord, Lord Campbell of Alloway, revisits an issue that first emerged in your Lordships' House during the consideration of the then Human Rights Bill and has since been raised at the Committee stage of this Bill. I am grateful to the noble Lord for the way in which he has argued his case about his specific amendment and also for the opportunity he...
Baroness Symons of Vernham Dean: My Lords, I assume that the noble Lord means the summary appeal courts. The appeal courts would have to take into account the balance of arguments. I do not believe we are in a position to give advice to appeal courts in that way. The advice we would be giving is advice to commanding officers about what they must take into consideration. If there is anything further that I can say, it will be...
Baroness Symons of Vernham Dean: My Lords, it may be convenient to the House if, in responding to Amendment No. 2, I speak also to Amendments Nos. 5 to 7. I am grateful for the opportunity to add to my remarks in Committee in responding to the amendment on the subject of consolidated texts tabled by the noble Lord, Lord Peyton of Yeovil. At that stage I sought to reassure noble Lords that up-to-date texts of the service...
Baroness Symons of Vernham Dean: My Lords, the noble Lord, Lord Burnham, made it clear in Committee that he was likely to continue his quest for a provision to be added that would lessen the impact of certain of the procedures envisaged in the Bill in certain circumstances. Part of his difficulty was to find a means of defining those circumstances. This amendment focuses on the Geneva convention of 1949 and the additional...
Baroness Symons of Vernham Dean: My Lords, in order to investigate an offence effectively, it is axiomatic that searches of a person or his possessions and accommodation may be necessary. That may be the case in any investigation conducted by the service police, or indeed otherwise. It is with that requirement in mind that the services were content in the Bill to adopt the long-established wording in the Police and Criminal...