§ [References are to [Bill 49] as first printed for the Commons]
§ 1 Clause 3, page 4, line 31, leave out ("and") and insert ("affecting individuals, except as provided by subsection (2A) below, and questions of').
2 Page 4, line 31, at end insert—
("2A) The Federation may represent a member of the Ministry of Defence Police at any disciplinary proceedings or on an appeal from any such proceedings.
(2B) Except on an appeal to the Secretary of State or as provided by section [Representation at disciplinary proceedings] below, a member of the Ministry of Defence Police may only be represented under subsection (2A) above by another member of that force.").
3 Page 4, line 31, at end insert—
("(2C) The Federation shall act through branches and regional and national committees; and the Federation and every branch and committee thereof shall be entirely independent of and unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.").
§ 4 Page 4. line 34, after ("Federation") insert ("or authorise the Federation to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations").
§ 5 Page 4, line 34, leave out ("such regulations may, in particular, make provisions with respect to") and insert (", without prejudice to the generality of that power. regulations under this subsection may make provision—").
§ 6 Page 4. line 36, before first ("the") insert ("with respect to").
§ 7 Page 4, line 37, before first ("the") insert ("with respect to").
§ 8 Page 4. line 37, leave out ("voluntary").
§ 9 Page 4, line 40, before first ("the") insert ("with respect to").
§ 10 After Clause 3, insert the following new clause:
§ (Representation at disciplinary proceedings.)
(" .—(1) On the hearing of a disciplinary charge against a member of the Ministry of Defence Police of the rank of chief superintendent or below the punishment of dismissal, requirement to resign or reduction in rank may not be awarded unless he has been given an opportunity to elect to be legally represented at the hearing.
(2) Where a member of the Ministry of Defence Police so elects, he may he represented at the hearing, at his option, either by counsel or by a solicitor.
(3) Except in a case where a member has been given an opportunity to elect to be legally represented and has so elected, he may only be represented at the hearing of a disciplinary charge by another member of the force.
(4) The Secretary of State shall by regulations specify—
(5) Regulations under subsection (4) above shall be made by statutory instruments and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) If a member of the Ministry of Defence Police—
(7) If a member of the Ministry of Defence Police has given notice in accordance with the regulations that he wishes to be legally represented, the case against him may be presented by counsel or a solicitor whether or not he is actually so represented.").
§ The noble Lord said: My Lords, I beg to move that this House do agree with the Commons in their Amendment No.1. I should like, with your Lordships' permission, to move Amendments Nos. 1 to 10 enbloc. These amendments were brought forward in another place to make provision in Clause 3 for members of the Defence Police Federation to represent its members at disciplinary proceedings. New Clause 4 allows them to obtain legal representation in such cases. These provisions give members of the Defence Police Federation the same privileges as members of the Home Department Police Federation under the Police Act 1964, as amended by the Police and Criminal Evidence Act 1985, and have the full support of the Defence Police Federation.
§ I should add that I understand there is an omission in the Commons Amendments as printed on the Marshalled List. Amendment No. 10 should have a sub-heading, "Representation at disciplinary proceedings". I beg to move.
§ Moved, That this House do agree with the Commons in the said amendments.—(Lord Trefgarne)
§ On Question, Motion agreed to.