My Lords, I welcome my noble friend’s amendments. As my noble and learned friend Lord Mayhew said in Committee, one of the principal aims of the Bill is to provide clarity for service people. It would seem right, therefore, that the same term should be used in each case, rather...

My Lords, I welcome my noble friend’s amendments. As my noble and learned friend Lord Mayhew said in Committee, one of the principal aims of the Bill is to provide clarity for service people. It would seem right, therefore, that the same term should be used in each case, rather...

My Lords, generally speaking, the other services, on average, have more intelligent servicemen. That is a fact of life. Royal Air Force equipment is rather more delicate than a Challenger tank, and the Royal Navy’s equipment is really complicated. Also, the noble Lord’s position assumes that the officers on a...

My Lords, generally speaking, the other services, on average, have more intelligent servicemen. That is a fact of life. Royal Air Force equipment is rather more delicate than a Challenger tank, and the Royal Navy’s equipment is really complicated. Also, the noble Lord’s position assumes that the officers on a...

My Lords, the amendment once again raises issues such as extraordinary rendition, as well as international obligations. In the context of the Bill and the debate in Committee, however, the concern relates particularly to the responsibilities of commanding officers. I do not intend to add to what my noble friend...

My Lords, the amendment once again raises issues such as extraordinary rendition, as well as international obligations. In the context of the Bill and the debate in Committee, however, the concern relates particularly to the responsibilities of commanding officers. I do not intend to add to what my noble friend...

moved Amendment No. 56: Page 77, line 28, leave out ““one or more”” On Question, amendment agreed to. Clause 160 [Decisions of Court Martial: finding and sentence]:

moved Amendment No. 56: Page 77, line 28, leave out ““one or more”” On Question, amendment agreed to. Clause 160 [Decisions of Court Martial: finding and sentence]:

My Lords, I should like to thank the Minister most sincerely for the way in which he has sought to reconsider Clause 8. I accept that more work needs to be done on it, but in the mean time I should just like to put on the record my warm...

My Lords, I should like to thank the Minister most sincerely for the way in which he has sought to reconsider Clause 8. I accept that more work needs to be done on it, but in the mean time I should just like to put on the record my warm...

My Lords, I have not yet spoken to my amendment about life imprisonment. It is in a separate group.

My Lords, I have not yet spoken to my amendment about life imprisonment. It is in a separate group.

My Lords, I thank the noble Lord. The noble and gallant Lord, Lord Craig, asked two questions about the definition of ““relevant service””. The first is about the meaning of operations, "““for the protection of life or property””." The second is about the meaning of ““military occupation””. Those expressions have...

My Lords, I thank the noble Lord. The noble and gallant Lord, Lord Craig, asked two questions about the definition of ““relevant service””. The first is about the meaning of operations, "““for the protection of life or property””." The second is about the meaning of ““military occupation””. Those expressions have...

My Lords, I beg to disagree. Although it is right that we should confine ourselves so far as we can on Report, the principles behind a particular issue become clearer as the debate goes on. The importance of those issues is also highlighted. So it is here. Where we are...

My Lords, I beg to disagree. Although it is right that we should confine ourselves so far as we can on Report, the principles behind a particular issue become clearer as the debate goes on. The importance of those issues is also highlighted. So it is here. Where we are...

My Lords, we have sought in Clause 8 to modernise and limit the offence of desertion. The first change that we are making is to remove the current maximum penalty of life imprisonment for all cases of desertion. This maximum was applied to all desertion cases by the Armed Forces...

My Lords, we have sought in Clause 8 to modernise and limit the offence of desertion. The first change that we are making is to remove the current maximum penalty of life imprisonment for all cases of desertion. This maximum was applied to all desertion cases by the Armed Forces...

My Lords, I follow my noble friend Lord Garden in congratulating the noble Lord, Lord Judd, on his usual passionate espousal of the rule of international law. I also congratulate the noble and learned Lord, Lord Archer of Sandwell, whom we have missed in our deliberations, on a very thoughtful...

My Lords, I follow my noble friend Lord Garden in congratulating the noble Lord, Lord Judd, on his usual passionate espousal of the rule of international law. I also congratulate the noble and learned Lord, Lord Archer of Sandwell, whom we have missed in our deliberations, on a very thoughtful...

My Lords, what is really worrying me is that there is a convention on Report that one does not go in for a long histoire of matters that have already been debated. I have tried to be brief. I shall not take any more time, but I do not think...

My Lords, what is really worrying me is that there is a convention on Report that one does not go in for a long histoire of matters that have already been debated. I have tried to be brief. I shall not take any more time, but I do not think...

My Lords, if the noble Lord will forgive me, I hope to come to something approaching his question in a few moments. He asks whether I draw a distinction. I am not clear that I can draw a relevant distinction. If there is such a distinction, I have not heard...

My Lords, if the noble Lord will forgive me, I hope to come to something approaching his question in a few moments. He asks whether I draw a distinction. I am not clear that I can draw a relevant distinction. If there is such a distinction, I have not heard...

My Lords, as I said in Committee, the amendment tabled by the noble and gallant Lord, Lord Craig, Amendment No. 14, brings clarity to the desertion provision in the Bill. The provision was clear before in previous legislation. I have read in detail the Minister's remarks in response in Committee...

My Lords, as I said in Committee, the amendment tabled by the noble and gallant Lord, Lord Craig, Amendment No. 14, brings clarity to the desertion provision in the Bill. The provision was clear before in previous legislation. I have read in detail the Minister's remarks in response in Committee...

My Lords, this is for clarification. That affects the constitutional position, I think. Does the noble and learned Lord draw any distinction between an order given on the field of action in armed combat and an order not given in those circumstances?

My Lords, this is for clarification. That affects the constitutional position, I think. Does the noble and learned Lord draw any distinction between an order given on the field of action in armed combat and an order not given in those circumstances?

moved Amendment No. 1: Page 1, line 7, leave out ““lawful”” and insert ““reasonable”” The noble Earl said: My Lords, in moving Amendment No. 1, I shall speak also to Amendments Nos. 2, 5, 7 to 10, 20, 24 to 26 and 29. First, I remind the House that I...

moved Amendment No. 1: Page 1, line 7, leave out ““lawful”” and insert ““reasonable”” The noble Earl said: My Lords, in moving Amendment No. 1, I shall speak also to Amendments Nos. 2, 5, 7 to 10, 20, 24 to 26 and 29. First, I remind the House that I...

My Lords, we have some sympathy with these amendments but perhaps the same position might be met in a different way—that it be recognised that there is a duty on the new Director of Service Prosecutions to act reasonably in bringing a prosecution. It is not in every instance necessary...

My Lords, we have some sympathy with these amendments but perhaps the same position might be met in a different way—that it be recognised that there is a duty on the new Director of Service Prosecutions to act reasonably in bringing a prosecution. It is not in every instance necessary...

My Lords, I am grateful to the Minister, but my basic point is that ““implied authority”” must be the equivalent of taking a reasonable course of action. Let me give a simple example: the Minister touched on giving the enemy information that would be useful to it. That is a...

My Lords, I am grateful to the Minister, but my basic point is that ““implied authority”” must be the equivalent of taking a reasonable course of action. Let me give a simple example: the Minister touched on giving the enemy information that would be useful to it. That is a...

My Lords, as I explained to the noble Earl in Committee, and as he correctly quoted, we believe that the existing clauses as drafted give the defence of lawful excuse, which is intended to allow a defence that an accused had express or implied authority or that his action was...

My Lords, as I explained to the noble Earl in Committee, and as he correctly quoted, we believe that the existing clauses as drafted give the defence of lawful excuse, which is intended to allow a defence that an accused had express or implied authority or that his action was...

My Lords, Amendments Nos. 4, 4A and 6 change the substance of the offence of obstructing operations. Amendment No. 4 seeks to add ““without lawful excuse”” to Clause 3(1)(a). It would mean that doing an act that was likely to put at risk the success of an action or operation...

My Lords, Amendments Nos. 4, 4A and 6 change the substance of the offence of obstructing operations. Amendment No. 4 seeks to add ““without lawful excuse”” to Clause 3(1)(a). It would mean that doing an act that was likely to put at risk the success of an action or operation...

moved AmendmentNo. 4: Page 2, line 42, at beginning insert ““without lawful excuse,”” The noble Lord said: My Lords, I remind your Lordships of the declaration of interest I made at the beginning of Committee: I am an advocate practising from time to time in courts martial. In Committee I...

moved AmendmentNo. 4: Page 2, line 42, at beginning insert ““without lawful excuse,”” The noble Lord said: My Lords, I remind your Lordships of the declaration of interest I made at the beginning of Committee: I am an advocate practising from time to time in courts martial. In Committee I...