SO 2017-80 Military Service Award Act 2017

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SO 2017-80 Military Service Award Act 2017

Post by Libertarian Democracy on Wed Nov 22, 2017 11:32 pm

Military Service Award Act 2017

An Act to constitute and regulate a Medal as mentioned in Article 13 of the Regional Honours act, which is to be awarded for military services to Our Region, as well as Our allies.

NOTING that Article III, Section C, Subsection 5 of Our Constitution provides orders for the President and the Minister of War to perform military initiatives to preserve the peace of the Region and aid our allies;

BELIEVING that those who do actively and voluntarily participate in one or more of these processes, should be honoured;

BE IT ENACTED by Us, by and with the advice and consent of Parliament, and by the authority of the same, as follows:--


Article 1
A Medal, as mentioned in Article 13 point 1. Of the Regional Honours Act is hereby created. It shall be named the “Military Service Award” which may also be abbreviated to “MSA”.

Article 2
The MSA can be awarded by the President and on the President’s behalf by the Minister of War. Neither the President nor the Minister of War may award themselves with the honour, they may, however, award each other.

Article 3
1 The MSA can be awarded to those Members of Our Region, who have contributed to any  military activity of Our Region, as well as to the preparations for any such activities, or to similar activities conducted by one or more of Our Allies.
2 Members of Our Region who do meet the criteria set out in point 1. of this Article, do not necessarily have to continue to be a (voluntary) Member of Our Armed Services, they must remain, however, a Member within Our Region.

Article 4
The third and fourth grade of this Medal may also be awarded to Members of Our Allies, who have contributed in a particular way to the defence of Our Region. The Minister of War may not award these persons on behalf of the President.

Article 5
The MSA shall have four grades, here given in descending order:
I. Knight Companion
II. Commander;
III. Officer;
IV. Member.

Article 6
The recipients of the MSA in the first grade may use and enjoy the prefix of “Sir” when they are males and “Dame” when they are females; they may also use and enjoy the post-nominal letters of “KCMS”. The recipients of the MSA in the second grade may use and enjoy the post-nominal letters of “CMS”. The recipients of the MSA in the third grade may use and enjoy the post-nominal letters of “OMS”. The recipients of the MSA in the fourth grade may use and enjoy the post-nominal letters of “MSA”. The post-nominal letters in this Article shall have precedence over all other post-nominal letters.

Article 7
Knights Companion and Commanders are only to be created by promotion within the Medal.

Article 8
The King-at-Arms in Ordinary shall hold a register for all recipients of the MSA.

Article 9
The King-at-Arms in Ordinary shall protect the bearing of any insignia or prefixes and post-nominal letters.

Article 10
Unlawful bearing as set out in Article 9 of this Act, is classified as a misdemeanor under point 1), Section D, Article V of Senate Order 2017-14 On judicial rights and procedures, and shall be punishable accordingly. Alongside the authorities in that Act may prosecute the King-at-Arms in Ordinary.

Article 11
Upon conviction of any criminal offences, the recipient shall, by virtue thereof, lose its membership of the MSA. The King-at-Arms in Ordinary shall update the register as mentioned in Article 8 of this Act accordingly, by omitting that recipient’s name. Former recipients lose all their privileges gained by their membership of this Honour.

Article 12
The MSA shall have insignia, to be regulated by the President through an Executive Order.

Article 13
This Act may be cited as “[The] Military Service Award Act 2017”.

Wednesday 22 November 2017
The Rt. Hon. Nassau-Windsor MP LSM, President of the Union
The Rt. Hon. Aralunya MP LSM, Minister without Portfolio
The Hon. Saint Artica and the Nordic Kingdoms MP
The Rt. Hon. Minister of Jurisprudence Libertarian Democracy, RO MP LSM GSM




Debate Scheduled 23 - 26 November 2017

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Chair of the First Extraordinary Constitutional Convention
General-Secretary of the Classical Liberal Party
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Re: SO 2017-80 Military Service Award Act 2017

Post by Libertarian Democracy on Wed Nov 22, 2017 11:57 pm

I do propose several amendments:

Amendment I, Libertarian Democracy
To renumber the current Article 4 to Article 5, and the current Article 5 to Article 4, and to move the text of the new Article 5 directly below the new Article 4.

The current Article 4, in my opinion, would be better placed after the current Article 5.

Amendment II, Libertarian Democracy
To strike the following text from Article 10:
"Alongside the authorities in that Act may prosecute the King-at-Arms in Ordinary.

While the King at Arms is tasked with defending the honours of the region, they must do so within reasonable and justifiable (both legally and morally) bounds. TOUP is perfectly qualified to prosecute Criminal Offenses, as it is their primary function. Under existing Law, the King at Arms could serve as a witness to the case and provide either testimony or statements, however they should not wield any prosecutorial powers.

Amendment III, Libertarian Democracy
To replace in Article 11 the text "Upon conviction of any criminal offences" with "Upon conviction of any non-Misdemeanor Criminal Offenses".

It is my firm opinion that Misdemeanor Offenses are minor infractions and should not be drastically punished. In keeping with such, I do not think a conviction of Forum Spam should merit the forfeiture of honours.

-----

I additionally have a question for the Rt. Hon. author of this proposal: Can you please explain to me Article 3, Point 2? I do not understand the purpose or effect of this clause. It reads to me like "If a nation does not fit the criteria, they do not need to be in the military to fit the criteria", which is confusing.

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Re: SO 2017-80 Military Service Award Act 2017

Post by Nassau-Windsor on Thu Nov 23, 2017 1:03 pm

I thank my Rt. Hon. friend [Libertarian Democracy] for the points he made in relation to this Bill.

With regards to his proposed Amendment I, I would like to argue that Article 4, just as Article 3, concerns the eligibility of membership, while Article 5 regulates the grades in which eligible members can be appointed/promoted. Therefore, I feel that Article 3 should be followed up by Article 4, rather than by Article 5. I thus would like to reject Amendment I.

He goes on with Amendment II. We have in this Region an established custom that the King-at-Arms in Ordinary is able to prosecute in matters related to his competences (heraldry, insignia, etc.). I think it is a respect to this convention to include it in this Act as well as in others. I specifically refer to the Long Service Medal Act and the Good Service Medal Act, which both have similar clauses. Thus, I would like to reject the proposed Amendment II.

Lastly, he proposes Amendment III. Though it is true that the two convictions do have nothing in common, I think that someone who is convicted for a criminal offence should not enjoy the dignity as someone else with proper behaviour. The MSA is hereby introduced as the highest current Order (as it follows of Article 6 that it takes precedence over both the LSM and the GSM). Thus, I think that one ought to show respect to the customs and laws of this Region if one may bear it. We do not want to keep people privileged after they show poor behaviour, do we? Thus, I would like to reject Amendment III.

With regards to his additional question, I can say to my Rt. Hon. friend [Libertarian Democracy] that this Article regulates membership of the MSA after the member in question left the Militia, while staying within Our Region.

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Re: SO 2017-80 Military Service Award Act 2017

Post by Libertarian Democracy on Sun Nov 26, 2017 8:39 pm

Debate on this item has concluded. Voting will now begin on the tabled amendments.

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