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My Lords, there is no need to take any time to establish that all of the members of the Joint Committee believe in the importance of trial by jury. That was not the issue. The issue was whether jury trial was appropriate in defamation cases. Most of us went into...
My Lords, there is no need to take any time to establish that all of the members of the Joint Committee believe in the importance of trial by jury. That was not the issue. The issue was whether jury trial was appropriate in defamation cases. Most of us went into...
My Lords, it is my honour to open this, the fourth day of the debate on the gracious Speech. At the outset, I express my sadness that I shall not be faced across the Dispatch Box in future debates on Ministry of Justice business by the noble Lord,
Lord Bach....
My Lords, it is my honour to open this, the fourth day of the debate on the gracious Speech. At the outset, I express my sadness that I shall not be faced across the Dispatch Box in future debates on Ministry of Justice business by the noble Lord,
Lord Bach....
In support of the Minister’s position, although I do not entirely agree with it, one can see the anomalies that can arise, as he pointed out. What if there was a fight between a member of the Air Force and a member of the Army? I come from a garrison...
In support of the Minister’s position, although I do not entirely agree with it, one can see the anomalies that can arise, as he pointed out. What if there was a fight between a member of the Air Force and a member of the Army? I come from a garrison...
The noble Lord, Lord Thomas of Gresford, has overlooked the fact that my noble friend’s amendment says that it is a provision for the majority of the court martial panel. Personally, I think that it is a rather weak amendment but I still strongly support it.
The noble Lord, Lord Thomas of Gresford, has overlooked the fact that my noble friend’s amendment says that it is a provision for the majority of the court martial panel. Personally, I think that it is a rather weak amendment but I still strongly support it.
moved Amendment No. 182: After Clause 354, insert the following new clause- ““SPECIAL PROVISION FOR SERVICE PERSONNEL UNDER THE AGE OF 18 (1) Service personnel under the age of 18 are not permitted to serve in combat areas. (2) Service personnel under the age of 18 are not permitted to...
moved Amendment No. 182: After Clause 354, insert the following new clause- ““SPECIAL PROVISION FOR SERVICE PERSONNEL UNDER THE AGE OF 18 (1) Service personnel under the age of 18 are not permitted to serve in combat areas. (2) Service personnel under the age of 18 are not permitted to...
I am deeply sympathetic to the tales told us by the noble Earl, Lord Attlee. Of course his amendment does not address the Ministry of Defence’s lack of support to individuals who found themselves with job problems when they returned from service. That is a question of implementation rather than...
I am deeply sympathetic to the tales told us by the noble Earl, Lord Attlee. Of course his amendment does not address the Ministry of Defence’s lack of support to individuals who found themselves with job problems when they returned from service. That is a question of implementation rather than...
moved Amendment No. 205: After Clause 373, insert the following new clause- ““ALIGNMENT OF SDAS ETC WITH THIS ACT (1) The Secretary of State may by order amend or repeal any provision of an enactment within subsection (3) for the purpose of reducing or eliminating any difference between the effect...
moved Amendment No. 205: After Clause 373, insert the following new clause- ““ALIGNMENT OF SDAS ETC WITH THIS ACT (1) The Secretary of State may by order amend or repeal any provision of an enactment within subsection (3) for the purpose of reducing or eliminating any difference between the effect...
The language of pardon is rooted in our Christian history. What pardon does is clear the agenda. In this case, it lifts a cloud that has drifted from the First World War across our history. It has the genius that it does not require us to pass judgment on anyone....
The language of pardon is rooted in our Christian history. What pardon does is clear the agenda. In this case, it lifts a cloud that has drifted from the First World War across our history. It has the genius that it does not require us to pass judgment on anyone....
With Amendment No. 171 my noble friend Lord Attlee raises an important point about the maintenance of records. I support his amendment. There has been considerable concern in the country about the casualty figures, and it is vital that records are kept.
With Amendment No. 171 my noble friend Lord Attlee raises an important point about the maintenance of records. I support his amendment. There has been considerable concern in the country about the casualty figures, and it is vital that records are kept.
I have put my name to the amendment, and shall say a very few words. The Minister, senior military personnel and some of the legal drafting team held a briefing meeting earlier this week, for which I was very grateful. It was certainly illuminating. I understand from the meeting that...
I have put my name to the amendment, and shall say a very few words. The Minister, senior military personnel and some of the legal drafting team held a briefing meeting earlier this week, for which I was very grateful. It was certainly illuminating. I understand from the meeting that...
I strongly support my noble friend. I am unhappy about mixed panels, with the obvious exception of where there are defendants from more than one service. Although it is normal for all the services of the Armed Forces to work together, each service maintains a very different ethos. Personally, I...
I strongly support my noble friend. I am unhappy about mixed panels, with the obvious exception of where there are defendants from more than one service. Although it is normal for all the services of the Armed Forces to work together, each service maintains a very different ethos. Personally, I...
My Amendment No. 186 would quantify the military experience required. It is in line with other parts of the Bill where we have looked for military experience. We generally support Amendment No. 185, although, if it were earlier, I might have wanted to debate what, "““approved by the Chiefs of...
My Amendment No. 186 would quantify the military experience required. It is in line with other parts of the Bill where we have looked for military experience. We generally support Amendment No. 185, although, if it were earlier, I might have wanted to debate what, "““approved by the Chiefs of...
The two previous speakers have spoken eloquently to the amendments. In our debates so far on the Bill, no one has disputed the need for a tri-services discipline Act. I am certain that our servicemen will draw comfort from the fact that they are seen to be different by virtue...
The two previous speakers have spoken eloquently to the amendments. In our debates so far on the Bill, no one has disputed the need for a tri-services discipline Act. I am certain that our servicemen will draw comfort from the fact that they are seen to be different by virtue...
I recognise that this is an important area of the Bill. It is a subject on which we have had many discussions over the past months during the Bill’s passage, both in this House and at the briefings at the Ministry of Defence. We recognise the strong feelings about it...
I recognise that this is an important area of the Bill. It is a subject on which we have had many discussions over the past months during the Bill’s passage, both in this House and at the briefings at the Ministry of Defence. We recognise the strong feelings about it...
I rise briefly to urge the Minister to accept this amendment, or something similar.
I rise briefly to urge the Minister to accept this amendment, or something similar.
I support the amendment in the name of my noble and gallant friend Lord Inge. In preparing for our debates on this Bill, I have spoken with the Adjutant-General of the Army, the person responsible for discipline, a post that I once held. I asked him which aspects of the...
I support the amendment in the name of my noble and gallant friend Lord Inge. In preparing for our debates on this Bill, I have spoken with the Adjutant-General of the Army, the person responsible for discipline, a post that I once held. I asked him which aspects of the...
My name also has been added to the first of the two amendments and I strongly support it. It should be considered absolutely essential that the person who is taking prosecutorial decisions about our service men and women not only understands and appreciates the context in which they operate, but...
My name also has been added to the first of the two amendments and I strongly support it. It should be considered absolutely essential that the person who is taking prosecutorial decisions about our service men and women not only understands and appreciates the context in which they operate, but...
moved Amendment No. 186A: Page 181, line 11, leave out ““Supreme Court”” and insert ““Court of Judicature”” On Question, amendment agreed to. Clause 359, as amended, agreed to.
moved Amendment No. 186A: Page 181, line 11, leave out ““Supreme Court”” and insert ““Court of Judicature”” On Question, amendment agreed to. Clause 359, as amended, agreed to.
I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendment No. 186 not moved.] Clause 358, as amended, agreed to. Clause 359 [Prosecuting officers]:
I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendment No. 186 not moved.] Clause 358, as amended, agreed to. Clause 359 [Prosecuting officers]:
I am grateful to the noble and gallant Lord. I recognise the strong feeling in the services on this matter and I shall do as he requests.
I am grateful to the noble and gallant Lord. I recognise the strong feeling in the services on this matter and I shall do as he requests.