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Special Committee Defence Bill, 1951 debate -
Tuesday, 25 Mar 1952

SECTION 53.

Amendments Nos. 64, 66 and 67 are very similar.

They all follow.

You can move No. 64 and the debate can cover the whole lot.

I move amendment No. 64 :—

In sub-section (1), paragraph (a), page 36, line 36, to delete " (including a minor) ".

There may be a definition of " minor " but I did not loot it up and a " person " seems to include a " minor."

The words, " including a minor," although not in earlier Acts, have been inserted in the section by our legal advisers to remove any doubts arising from the fact that a minor cannot ordinarily enter into a contract. Enlistment is a contract of service and I am told that the words though not strictly necessary are desirable to cover men who enlist under the age of 21.

If the Minister is so advised by his legal advisers we can leave it there.

I could explain the question further. We have boys who are very much below majority. We have boy mechanics and boys in the school of music who are taken at a very early age. They are actually entitled to pension rights from the age of 16.

Amendment No. 64, by leave, withdrawn.

I move amendment No. 65 :—

In sub-section (1), paragraph (b), page 36, lines 44 and 45, to delete " The Minister, in special cases or classes of cases, may direct that ".

A point arises whether boys enlisting under this section before the age of 18 could have the period of service mentioned in paragraph (a) of the sub-section reckoned from the day they are 18. That should be laid down. If the Minister is advised that this wording is necessary I have no objection, but the 12 years' service should be counted from the date on which the boy reaches 18, and there should be no grounds on which it could be counted earlier.

It would, unless the Minister directed otherwise.

I take it that the Minister is advised that it is necessary.

Amendment No. 65, by leave, withdrawn.
Question—" That section 53 stand part of the Bill "—put, and agreed to.
Amendment No. 66 not moved.
Section 54 agreed to.
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