ARMED FORCES AND VETERANS BILL

Explanatory and financial memorandum

INTRODUCTION

1. This Explanatory and Financial Memorandum relates to a Members’ Bill - the Armed Forces and Veterans Bill. It has been prepared on behalf of Mr David McNarry (the Member in charge of the Bill) to assist the reader in understanding the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not intended to be, a comprehensive description of the Bill.

BACKGROUND AND POLICY OBJECTIVES

3. In July 2008 the Secretary of State for Defence and the Minister of State for the Armed Forces presented to Parliament a White Paper entitled “The Nation’s Commitment: Cross-Government Support to our Armed Forces, their Families and Veterans”. One key purpose of the White Paper was to propose policies intended to end any disadvantage that members of the armed forces, their families and veterans suffer because of service in the armed forces. Some of the initiatives and commitments in the White Paper require the support of agencies in Northern Ireland. The proposals, as they apply to transferred matters, were sent to Northern Ireland for the Executive to consider.

4. Following due consideration of the proposals the Member in charge of the Bill formed the view that effective implementation of those of the White Paper’s proposals which apply to transferred matters requires legislation.

5. The Bill provides a framework for implementation, conferring duties on a range of public authorities and Northern Ireland departments, in particular the Department of Finance and Personnel.

CONSULTATION

6. The Member in charge of the Bill widely publicised his intention to bring forward the Armed Forces and Veterans Bill in the media. The issue that the Bill seeks to address is also widely known among members of the Legislative Assembly. A consultation exercise on the proposed measures in the Bill will be carried out by the relevant committee during the committee stage of the Bill.

OVERVIEW

7. The Bill has eight clauses and no Schedules.

COMMENTARY ON CLAUSES

Clause 1: General duty to have due regard to the impact of the exercise of functions on the services community.

Clause 1 requires certain authorities, in carrying out their functions insofar as they relate to Northern Ireland, to have due regard to the impact that the exercise of their functions has on members of the armed forces and their families and veterans and their families. The Department of Finance and Personnel may make regulations adding to or removing authorities from the list in section 1(2).

Clause 2: Co-ordinators

Clause 2 requires each Northern Ireland department to appoint a co-ordinator who will take responsibility for identifying and addressing matters which affect members of the armed forces, veterans and their families. The appointee will need to be a senior officer in the department. Clause 2(3) enables the Department of Finance and Personnel to issue guidance to co-ordinators on how they should exercise their functions and the co-ordinators will need to have regard to any guidance so issued.

Clause 3: Consultation with United Kingdon and devolved authorites

Clause 3 requires Northern Ireland departments to consult the Minister exercising the equivalent function in England, Wales and Scotland before they exercise any function affecting the armed forces, veterans or their families (which, if exercised, would lead to an inconsistent approach being adopted in Northern Ireland). Clause 3 does not prevent the Northern Ireland department from exercising the function once the consultation process has ended.

Clause 4: Service Personnel and Veterans Charter

Clause 4 requires the Department of Finance and Personnel to publish a Service Personnel and Veterans Charter for Northern Ireland not later than one year after the Act comes into operation. The Charter’s purpose is to promote the interest of members of the armed forces (insofar as such interests relate to transferred matters), veterans and their families. The Charter’s preparation will require input from all Northern Ireland departments and subsection (3) accordingly requires all such departments to co-operate in its initial preparation and subsequent revisions. Subsection (2) requires the Department of Finance and Personnel to revise the Charter periodically.

Clause 5: Reports

Clause 5(1) enables the Department of Finance and Personnel to require all Northern Ireland departments to report on progress in meeting their obligations under the proposed legislation. Subsection (2) requires the Department to use that information to report to the Ministry of Defence.

Clause 6: Interpretation

Clause 6 sets out the definitions of terms used in the Bill.

Clause 7: Commencement

This clause provides that the Bill will come into operation on receipt of Royal Assent.

Clause 8: Short title

This clause sets out the Bill’s short title.

FINANCIAL EFFECTS OF THE BILL

8. This Bill should have limited financial implications, mostly associated with reviews and reports and the publication of a Service Personnel and Veterans Charter for Northern Ireland.

EQUALITY AND HUMAN RIGHTS IMPLICATIONS

9. There are no equality or human rights issues arising from these proposals.

LEGISLATIVE COMPETENCE

10. At Introduction the Member in charge of the Bill, Mr David McNarry, had made the following statement under Standing Order 30:

“In my view theArmed Forces and Veterans Bill would be within the legislative competence of the Northern Ireland Assembly.”