Armed Forces Bill

Debate between Baroness Laing of Elderslie and Penny Mordaunt

Ping Pong: House of Commons
Wednesday 11th May 2016 Commons Chamber

[The Minister for the Armed Forces (Penny Mordaunt)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to consider Lords amendment 2.

[Penny Mordaunt]

I intend to be brief, Madam Deputy Speaker, as this is not a contentious issue.

I hope you, Madam Deputy Speaker, will allow me briefly to update the House. Our team in the Invictus games so far has a medal total of 89, 55 of which were won on the first day of the competition. One of our chief cheerleaders is my hon. Friend the Minister for Defence Personnel and Veterans, who has taken through this Bill. I am afraid that the House will have to make do with me today.

I am pleased to welcome the Armed Forces Bill back to the House to consider amendments made in the other place. These two amendments deal with a matter raised by the Delegated Powers and Regulatory Reform Committee in its 21st report—the regulation-making powers in new sections 304D(10) and 304E(9), which are inserted into the Armed Forces Act 2006 by clauses 10 and 11. The powers allow regulations to be made in relation to appeals against reviews of sentence.

Clauses 10 and 11 are part of the statutory framework that the Bill creates for offenders who co-operate with investigations and prosecutions. That framework closely follows the provision in the Serious Organised Crime and Police Act 2005, which applies to the civilian criminal justice system. It includes provisions that allow a person to receive a reduced sentence in return for assisting or offering to assist an investigator or prosecutor. A decision of the court martial on such reviews may be appealed by the person who is sentenced or the director of service prosecutions. The Lords amendments make provision with respect to such appeals.

The Bill does not set out the detailed rules that will apply to the conduct of proceedings on such appeals. Instead, new sections 304D and 304E of the 2006 Act provide for those rules to be set out in regulations made by the Secretary of State. The rules will be based on existing rules in the Courts-Martial (Appeals) Act 1968 that govern the conduct of appeals from the court martial to the court martial appeal court or the Supreme Court.

Accordingly, the Bill confers powers on the Secretary of State to make regulations in relation to appeals against reviews of sentence that contain

“provision corresponding to any provision in Parts 2 to 4 of the Court Martial Appeals Act 1968, with or without modifications.”

That is provided for in new sections 304D(10) and 304E(9). Such regulations would be subject to the negative procedure.

The Delegated Powers and Regulatory Reform Committee was content with that, subject to one point of concern. The Committee noted in its report that the 1968 Act includes some provisions that may be modified by the Lord Chancellor by regulations subject to the affirmative procedure. The relevant provisions in the 1968 Act are in sections 31A, 33, 33A, 46A and 47. They relate to the recovery of costs and expenses arising from appeal proceedings. The Committee’s concern is that the new regulation-making powers in new sections 304D(10) and 304E(9), which are subject to the negative procedure, could be used to make provision about the recovery of costs and expenses which, if made under the 1968 Act in relation to appeals covered by that Act, would have to be made by affirmative procedure regulations.

The Government therefore submitted amendments in the other place to clauses 10 and 11 to limit the powers in the sections of the Armed Forces Act 2006 under which regulations may be made about appeals. The effect of the amendments is twofold. First, regulations under those sections may not make provision corresponding to that which the Lord Chancellor may include in regulations under the 1968 Act. Secondly, regulations under those sections may confer regulation-making powers corresponding to those in the 1968 Act, but only if the exercise of the powers conferred is subject to the affirmative procedure, like the powers of the Lord Chancellor. The amendments address the concerns of the Delegated Powers and Regulatory Reform Committee.

Although I note that the amendments have been designated as engaging financial privilege, we do not expect any significant Government expenditure to arise from the use of the regulation-making powers. I therefore hope that hon. Members will support the amendments, which were accepted on all sides of the House of Lords without Division. I commend them to the House.