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British Army

Volume 388: debated on Tuesday 6 April 1943

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Court-Martial Sentence

The following Question stood upon the Order Paper in the name of Sir JOHN WARDLAW-MILNE:

13. To ask the Secretary of State for War whether he will reconsider the decision of the Military Court regarding W. C. Wood, paymaster of a certain detachment, Royal Army Pay Corps, who was dismissed the service as a result of a court-martial held on 2nd September, 1942, in view of the fact that this officer, although arrested on a charge relating to 22nd July, 1942, was tried on one relating to the 18th of that month; that the charge of 22nd July was dropped; that the accused, was ordered to be examined by a civilian medical practitioner although three medical boards had graded him permanently in category C; that the summary of evidence was taken when the defendant could not call witnesses; that the course that Lieutenant Wood began and subsequently discontinued was voluntary and no action was taken against absentees; and that the trial generally was conducted in an unsatisfactory manner?

I think hon. Members have been asked to try to keep Questions down to 10 lines, as far as possible. This one covers 12 lines.

This is one of the few Questions, Sir, which I think could not be put in shorter terms, to give the right hon. Gentleman a chance of answering it.

The proceedings of the court-martial have been carefully reviewed, and I am advised that the trial was conducted fairly according to law. I see no reason for reconsideration. The answer to the first five parts of my hon. Friend's Question is necessarily rather long, and I will, with his permission, circulate it in the OFFICIAL REPORT.

It is difficult to ask a Supplementary Question without knowing the full reply, but do I understand from the reply, to the extent my right hon. Friend has given it, that it is not his intention to reconsider this matter, bearing in mind the fact that this man, who served in the last war and volunteered for this war, has been dismissed with ignominy from the Army for the terrible crime of refusing to undergo a fourth medical examination when he had three times been passed category C?

It would be better if my hon. Friend would read the very much longer answer I am proposing to circulate in the OFFICIAL REPORT. As regards his first Supplementary Question the matter has received extremely careful consideration, not only by the General Officer Commanding of the Command, but by the Judge-Advocate-General and by the Army Council, and I personally see no reason for further reconsideration.

In view of the fact that some time ago the right hon. Gentleman the Member for Epping (Mr. Churchill), before he was Prime Minister, had a Question down that took up half a page on the Order Paper, am I to understand, Mr. Speaker, that since then a recommendation has been made that Questions should be confined to a certain length, as I have not heard of that before?

It is important, in order to save paper and for other reasons, to limit the length of Questions as much as possible.

Following is the answer:

Lieutenant W. C. Wood, Royal Army Pay Corps, was tried by General Court-Martial on 2nd September, 1942, and found guilty on a charge of disobeying a

lawful command in that he on 18th July, 1942, having been ordered by his commanding officer to be medically examined, refused to be so examined by the medical officer. He was sentenced to be dismissed from His Majesty's Service. The proceedings were confirmed by the General Officer Commanding-in-Chief, Western Command, and promulgated on 23rd September, 1942. Lieutenant Wood was charged on arrest with disobeying an order to attend a parade on 22nd July. It was afterwards decided to try him on a charge of disobeying a previous order on 18th July. There is nothing unusual in trying a person on a different charge from that preferred on arrest.

The commanding officer commanded him to be medically examined, not in order to seek to override the finding of the medical boards, but to ascertain whether the accused was fit to go upon parade. The command was a lawful one and the accused was bound by the Army Act to obey it. If he felt himself wronged by his commanding officer he was entitled to submit an appeal, under Section 42 of the Army Act, but instead of doing so he took the law into his own hands. He did not dispute that he had committed an act of disobedience on 18th July, 1942. It is not stated why he could not call witnesses nor can he have been prejudiced at his trial by his failure to do so. The court tried the case on the evidence given orally before them, and not on the summary of evidence. The contention that no action was taken against other absentees from the course which Lieutenant Wood began but discontinued is not relevant to the charge on which the accused was tried, namely, that he disobeyed a lawful command on 18th July, 1942.

Billeting Allowance

14.

asked the Secretary of State for War the date on which the billeting allowance for soldiers was fixed at 6d. per night?

Is my right hon. Friend aware that since 1914 there has been a very great difference in the cost of the various items required in connection with billeting, and will he take steps to go into the matter and have it adjusted to an economic level?

I gather that there have been adjustments in the food part of the billeting allowance, and I will consider whether the rent allowance also needs re-consideration.

Can the right hon. Gentleman say whether billeted soldiers still receive beer money as in Victorian times?

Sentences On Officers (Review)

16.

asked the Secretary of State for War whether it is the rule to review, every three months, as in the case of other ranks, the sentences of officers who are imprisoned in a civil prison as the result of trial by military court-martial; and whether it is the practice to call up such individuals for military service upon their release after having served their sentence?

A sentence of imprisonment imposed on an officer is usually reviewed in the War Office within a few weeks of its promulgation and thereafter every six months from the beginning of the sentence. I am informed that the answer to the last part of the Question is "Yes, Sir."

In cases where the sentences were imposed for something akin to an indiscretion, will the right hon. Gentleman consider a further remission to enable these ex-officers to go and fight overseas?

The particular case to which the hon. Member refers—which is a case with which I am very familiar—was a great deal worse than an indiscretion.

Does the date of calling-up papers coincide with the date of release from prison?

Rifle Range, Warrington

20.

asked the Secretary of State for War under what Defence of the Realm Regulation he has authorised the resumption of firing on the rifle range at Orford Barracks, Warrington, notwithstanding that such range has been condemned; and whether he is prepared to assume financial responsibility for injuries to civilians resident in the neighbourhood and for damage to property caused by the resumption of such firing?

The range is on War Department land, and no recourse to Defence Regulations is necessary for the Army to use it. It has always been considered safe by the competent military authorities, and no accident seems likely to occur either to civilian residents in the neighbourhood or to their property. I understand that children cannot now enter the danger area of the range while it is being used. But if injury or damage is done and if it is established that it is due to the negligence of military personnel on duty, a claim for compensation will be considered in the normal way. I much regret the inconvenience from noise caused to local inhabitants by firing on this range. Unfortunately the needs of training make it unavoidable. I hope, however, that it will be possible to restrict firing to certain fixed times and so limit the inconvenience as far as possible.

Headquarters Staff, Cairo

21.

asked the Secretary of State for War the percentage reduction in the staff of General Headquarters, Middle East Force, since the formation of Allied Group Headquarters?

In view of the problem of man-power and the change in the military situation, is it not timely now to review the very considerable force of staff officers at Cairo?

If my right hon. Friend is not able to give the percentage, can he give, at any rate, the assurance that some reduction has taken place in the headquarters staff?

The process of adjusting the staff and the Forces in the Middle East to the military tasks which they are called upon to perform is one which is going on constantly.

Will the Secretary of State for War give an undertaking that the staff at Cairo is reviewed at an early date?

As I said, the review is constantly going on, and in fact papers relating to the question are on my table now.

Troops, North Africa (Reading Matter)

22.

asked the Secretary of State for War what steps he is taking to increase the supply of reading matter to troops fighting in Tunisia?

I regret that no shipping space could be allocated for books and magazines until the military stores and equipment vitally needed for operations in North Africa had been despatched. On 1st February over 100,000 books and over 10,000 magazines and journals were despatched. Since then consignments have been sent regularly at the rate of about 10,000 books and 9,500 magazines and journals a month. I hope, therefore, that the First Army will shortly have a good supply of reading matter. The Eighth Army is supplied with reading matter from the Middle East; 21,000 books and over 70,000 magazines and journals have for some time been despatched to the Middle East every month. I fully appreciate the need of the soldier for as much reading matter as possible and the supplies now being sent will be increased if shipping space is available and if sufficient books and magazines are forthcoming. I take this opportunity of expressing the Army's thanks to all those who have sent books and magazines for the use of the troops. The demand is as great as ever, and I am sure we may count on the continued help of the public in meeting it.

While appreciating the great work which has been done in this connection, may I ask the Minister whether he is aware that in February there was a very great shortage of reading matter among the troops of the Eighth Army and that this plays a vital part in maintaining morale between battles?

I would not accept the view that it was the most vital part, although I agree it is a vital part. As I have said, conditions of shipping from time to time make for a certain inequality in the despatch of materials to the Middle East.

Will the Minister bear in mind the question of quality of reading matter as well as quantity?

That is in the hands of a body—I have forgotten its full designation—which pays particular attention to that sort of thing.

Will the Minister make application to the headquarters of the Communist Party so that instead of sending a good supply of reading matter he will be able to send a supply of good reading matter?

Route Marches (Bands)

23.

asked the Secretary of State for War whether he will consider arranging for formal route marches to take place periodically through the nearest towns to military camps accompanied by military bands?

This is done whenever opportunities occur. But most route marching is done as part of the unit's operational training. The bandsmen are then employed on their operational duties, and no band accompanies the unit.

While I dislike harping on this subject, will my right hon. Friend bear in mind that this arrangement of bands accompanying troops who are in the public eye is good for the troops themselves and most invigorating for civilians?

I quite agree, but I should not put it down as the most important part of troops' training.

Will the Minister bear in mind the fact that a great number of men who are working on munitions at night have to sleep in the day-time?

Coastal Areas (Restrictions)

25.

asked the Secretary of State for War whether, as the uncertainty regarding the sudden imposition of a ban on access to protected areas within 10 miles of the coast will have a disastrous effect on the economic life of many places of residence and business, he will endeavour to arrange some system of notification which will at least enable those both inside and outside the areas in question to ascertain how they are likely to stand within the next 24 hours?

I much regret the effects these restrictions may have in the areas concerned, and I can assure my hon. Friend that the Army will endeavour to cause as little interference as possible with the normal life of the residents in those areas. The restrictions will be imposed for strictly military reasons, and although as much notice as possible will be given locally in each case, I regret that no guarantee can be given of the length of this notice.

While I thank my right hon. Friend for his answer, and while nobody wishes to give information to the enemy, would he not agree that in order to save travel and disturbance to people generally there ought to be some method by which people can get to know whether a ban is on or not?

Home Guard Munition Dumps, Manchester

26.

asked the Secretary of State for War whether his attention has been drawn to the fact that quantities of ammunition, including hand grenades, have been stolen from Home Guard dumps in Manchester; and will he cause instructions to be issued to all Home Guard units to take greater care in the storage of arms and ammunition in the interest of public safety?

24.

asked the Secretary of State for War whether he is aware that Home Guard munition dumps in the Manchester area have recently been broken into by children and bombs and hand grenades stolen causing great anxiety to parents and police authorities; and will he give instructions for better storage or a more adequate guard?

I have called for a report, and when I receive it will consider what further action is necessary. But clear instructions for the safeguarding of Home Guard ammunition stores have already been issued to Home Guard commanders.

Soldiers Overseas (Marriage)

27.

asked the Secretary of State for War what representations have been made to him by welfare organisations regarding marriage of soldiers serving overseas and individuals resident in this country; and whether he can make any statement on this matter?

I have seen some representations on this subject that were made to the Commander-in-Chief of the Middle East Forces by the local advisory committee of a welfare organisation. These representations have received careful consideration, but I regret that it is not possible to make any statement on the matter at the moment.

Is the Minister taking any further action on those representations? Can he say whether he will be in a position to make a statement later?

It is not for me to make a statement. Mine is only one Department of those concerned in this matter.

Will the Minister answer the first part of my Supplementary Question? Is he taking action on those representations?

I have taken all the action which is appropriate to me for the time being.

Medical Examination (Female Medical Officers)

28.

asked the Secretary of State for War whether soldiers can be compelled to submit to a medical examination by female medical officers?

A soldier may be compelled to be medically examined whether the examination is carried out by a male or a female doctor.

Is the Minister aware that this is not a matter of amusement for a large number of soldiers who object to it? Is it compulsory for a soldier to undergo a routine medical inspection by a female medical officer when a male medical officer is available? Further, does this rule apply to officers as well as to other ranks?

Is the hon. Member desirous of having these sensitive men nursed by male nurses? Is it not in the interests of all that the best person available should do the job?

The Question I was asked was as to the legality of this and not as to its expediency. I have answered the Question as to the legality and not as to the expediency.

Mine was a perfectly legitimate Supplementary. I am asking the Minister whether it is legal when there is present a male medical officer who can conduct the examination?

Major-General Sir Percy Laurie

29.

asked the Secretary of State for War whether, in considering the appointment of Major-General Sir P. R. Laurie as Provost Marshal of Great Britain, he was aware that Sir Percy was chairman of the Divisional Conservative and Unionist Association for the area where he resides; and whether he can give an assurance that he is no longer actively engaged in party politics?

Sir Percy Laurie was appointed Provost Marshal in 1940. I understand that he ceased to be chairman of the Divisional Conservative and Unionist Association in 1939. There is, moreover, no record that he has since then been actively engaged in party politics.