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Armed Forces Bill

My hon. Friend has made the case for a graduated tariff. I am questioning the presumption that the range of the tariff should automatically include as an upper limit life imprisonment for a refusal to obey an order to go on service. I want to discuss the case of Flight-Lieutenant Kendall-Smith, which has already been mentioned, and the trial of Major Florian Pfaff in Germany in 2004. The key point is the right of individuals to challenge the legitimacy and the legality of orders given to them. I do not for one moment assume that in an army manned by volunteers any of the young men and women who volunteer do so in a fly-by-night way, which is a deeply disrespectful presumption. When people decide to give themselves an extended weekend, the circumstances are different from when people consciously decide that they are no longer prepared to serve in a particular conflict or occupation. I accept that such people must face the consequences of their actions within a disciplinary court process, but I want this Committee at least to consider the options and their limitations.