HC Deb 17 June 1867 vol 187 cc1936-8
MR. W. E. FORSTER

said, he would beg to ask the Secretary of State for War, Whether, in case of Volunteers "acting for suppressing and quelling riots," as contemplated by paragraphs 8 and 9 of the Instructions lately issued by the War Department, their Commanding Officers have any legal power or control over them; whether, by paragraph 7, it is contemplated that the rifles or guns, the property of Her Majesty's Government, issued to Volunteer Corps, should be med in "quelling civil disturbances;" and, if so, under what regulations; and, whether Article 98 of the Volunteer Regulations of 1863, by which "Volunteer Corps are forbidden to assemble under arms for any purpose unconnected with military drill, parade, or rifle practice, except with the approval of the Secretary of State," has been abrogated?

SIR JOHN PAKINGTON

Sir, in answering the three Questions which the hon. Gentleman has put to me, I must beg, in the first instance, to remind him that in stating what may have been contemplated as he says in framing these regulations, or what may be my own view of them, anything I may say must be subject to what in future may be decided to be the legal effect of this document. Subject to this, I answer the first Question of the hon. Gentleman by saying that in the case contemplated the officers of any Volunteer Corps would have no legal power. Paragraphs 8 and 9 contemplate cases in which the Volunteers may be called upon to act as special constables; and in those cases, stating my own view and intentions, I do not believe that their officers would have any control over Volunteers so acting. In answer to the second Question, I would remind the hon. Gentleman that paragraph 7 is contingent upon paragraph 6, which contemplates a state of things altogether exceptional and extreme, and therefore I feel great difficulty in saying whether Volunteers so circumstanced could use Government arms or not. I presume they would take any arms within their reach, and the probability is that they would use the Government arms. But as to what regulations they would act under in that case, my answer is, under no regulations whatever, because paragraphs 7 and 6 contemplate cases of an exceptional and extreme nature, to which no regulations apply. With regard to the last Question, whether or not Article 98 of the Volunteer Regulations of 1863 has been abrogated, my answer is, Article 98 has not been abrogated; and if, as I presume, the hon. Gentleman means to imply by that Question that certain of the new regulations would conflict with Article 98 of the old regulations, my answer is that they could only come into operation under circumstances so exceptional as to override that Article.

MR. W. E. FORSTER

said, that the answer of the right hon. Gentleman would probably not prevent the necessity of debating the question, and he would ask, therefore, at what hour the Report of the Volunteer Vote would be taken that night, or whether it would be postponed?

SIR JOHN PAKINGTON

said, that if the hon. Gentleman wished to raise a debate on the postponed Vote, he would either say that the Vote should not be taken after ten o'clock, or, if it were more convenient to the hon. Gentleman, he would postpone the Vote altogether.