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Armed Forces Bill (Fifth sitting)
At present, service courts are empowered to make a driving disqualification order against an offender in proceedings for a service offence. However, there is no legal mechanism for service courts to reduce that period of disqualification from driving where the offender undertakes an approved course, unlike the civilian justice system. Clause 27 will enable the service courts—the court martial and the service civilian court—to make an order to reduce a period of disqualification from driving wher
Tue 14 Apr
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Spoke in debate: Topical Questions
Parliamentary appearance by Adrian Ramsay
Tue 14 Apr
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Armed Forces Bill (Fifth sitting)
I will begin with clause 28. The minor service sentences of reduction in rank or disrating, of forfeiture of a specified term of seniority or all seniority, and of service supervision and punishment orders all serve a useful purpose in punishing service personnel. However, these sentences are effectively made redundant by having no rehabilitation period. That undermines the purpose of the punishment, which by its nature is designed to have an impact on an individual’s career. The single services
Tue 14 Apr
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Armed Forces Bill (Fifth sitting)
This is about improving our service justice system and, of course, the ability of our command chain to enact the highest standards. I commend clauses 28 and 29 to the Committee. Question put and agreed to. Clause 28 accordingly ordered to stand part of the Bill. Clause 29 ordered to stand part of the Bill. Clause 30 Commissioner’s functions in relation to Royal Fleet Auxiliary Question proposed, That the clause stand part of the Bill.
Tue 14 Apr
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Armed Forces Bill (Fifth sitting)
Clause 30, which introduces schedule 4, provides the statutory basis for extending the remit of the Armed Forces Commissioner to the Royal Fleet Auxiliary. I thank my hon. Friend the Member for Truro and Falmouth for raising the issue in a ten-minute rule Bill and getting it the attention that it deserves. Although the RFA is a civilian organisation, its personnel routinely operate alongside the Royal Navy. Indeed, they are essential to the Royal Navy. They face similar risks, pressures and, in
Tue 14 Apr
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Armed Forces Bill (Fifth sitting)
First, I pay tribute to my hon. Friend the Member for Truro and Falmouth. She generated this, and now it has come to fruition, so well done. The reality is that there is no Royal Navy without the Royal Fleet Auxiliary. The RFA does an exceptional job across everything from high-end technical to refuelling and enabling our carrier strike group. When we talk about embarrassment and availability of capability, the unfortunate reality is that we have the cards that we have been dealt, after successi
Tue 14 Apr
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Armed Forces Bill (Fifth sitting)
There is no Royal Navy without the Royal Fleet Auxiliary. Its personnel are the best of us. I commend the clause to the Committee. Question put and agreed to. Clause 30 accordingly ordered to stand part of the Bill. Ordered, That further consideration be now adjourned.—(Christian Wakeford.)
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
It is a pleasure to serve under your chairmanship again, Mr Efford. Defence needs to protect itself from crime with security measures that will deter, detect and defeat criminal activities, including those directed by hostile states, that threaten its critical sites or operations. Currently, the only authorisation process that enables interference with drones that might be used to commit crimes that threaten defence operations and assets is in part III of the Police Act 1997. Only the civilian p
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Yes. The definition of “defence area” and “defence property” includes those areas and properties used by the armed forces of a foreign country, including the United States.
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
The clause is exactly what we need. The explosion in drone systems across the world requires the proper legislation, and the clause will fit that purpose. Question put and agreed to. Clause 4 accordingly ordered to stand part of the Bill. Clause 5 Sexual harm prevention orders and sexual risk orders Question proposed, That the clause stand part of the Bill.
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Clauses 5 to 7 and schedules 2 and 3 relate to protection orders. The Government are committed to providing safety, justice and real support for all in the defence community, both now and in future, which is why a particular focus of the Bill is on protecting victims of serious sexual and violent crimes. Currently, the service justice system cannot impose the full suite of protection orders that are available in the civilian criminal justice system. That can create inconsistencies and critical g
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
I thank the right hon. Member for Rayleigh and Wickford for tabling new clause 12, which seeks to ensure that service courts can impose protective orders on individuals who leave service before trial and preventing the avoidance of such orders simply by leaving the service. I recognise the good will and the sentiment behind new clause 12. However, it is not needed. I want to be clear that individuals should not be able to evade accountability for their conduct and that safeguarding measures must
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
If there were criminal proceedings, he would be held to account in the service justice system for up to six months after the case. It is relatively simple. As we know, it is quite hard to leave the military, and when someone does, they are still subject to service law for six months after they have left. The Government do not believe that new clause 12 is necessary and I therefore invite the right hon. Member for Rayleigh and Wickford not to press it. I also commend clauses 5 to 9 and schedules
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Clause 10 places a duty on the Secretary of State for Defence to issue an updated code for victims in the service justice system. The existing armed forces code of practice, which identifies the services and support to be provided to victims in the service justice system itself, is set out in regulation and has not been substantively modified since it was introduced in 2015. Clause 10 revokes the 2015 regulations. Since 2015, we have continued to make improvements to the service justice system t
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Clauses 10 and 11, in reality, thicken out the service justice system and align it with the civilian justice system, providing greater freedoms and protections for anybody who is a victim within this system. I commend them to the Committee. Question put and agreed to. Clause 10 accordingly ordered to stand part of the Bill. Clause 11 ordered to stand part of the Bill. Clause 12 Service policing protocol
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
I thank the hon. Member for North Devon for his views on the Bill, but before providing comment on amendment 6, I will first speak to clause 12. Currently, under section 115 of the Armed Forces Act 2006, there is a duty on individual provost marshals to seek to ensure that all investigations carried out by the service police are free from improper interference. Clause 12 provides a power to create a protocol that will support the provost marshal in complying with that duty, but it also goes furt
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
The hon. Member raises a very important point. I will have to come back to him with specific details and statistics on that, and I will write to the Committee. As mentioned before, the amendment potentially risks making the victim withdrawal rate even higher than in the criminal justice system. It also risks the loss or erosion of “golden hour” evidence and the safeguarding of victims in cases of sexual offending or domestic abuse. That is because the amendment does not place a duty on civilian
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
The purpose of clause 13 is to extend the powers of judge advocates to enable them to issue search warrants, which can include other premises that are occupied or controlled by a person subject to service law, or a civilian subject to service discipline, but are not necessarily occupied as a residence. Examples include vehicles, boats or storage containers. Clause 13 also aligns the definition of premises in the Armed Forces Act 2006 with that in section 23 of the Police and Criminal Evidence Ac
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
The clauses will enhance the ability of our military police forces and our provost marshals to enact service justice. These measures will make the forces safer, enable them to look after the victims, and support their freedom to operate within the military system. Question put and agreed to. Clause 13 accordingly ordered to stand part of the Bill. Clauses 14 to 16 ordered to stand part of the Bill. Clause 17 Duty of commanding officers to report serious offences Question proposed, That the claus
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Clause 17 will strengthen the duty of commanding officers to report allegations of serious offences to the service police. It removes an existing limitation where a commanding officer is obliged to report only a suspected schedule 2 offence committed by someone under their command. Under clause 17, where a commanding officer becomes aware that a serious offence may have been committed by any “person subject to service law” they must promptly refer the matter to the service police. However, the d
Tue 14 Apr