HL Deb 15 April 1930 vol 77 cc151-3

Special Modifications to be made in Part II of this Act for the Purposes of its Application to the Air Force Act.

The paragraph which is directed to be inserted in Section five of the Army Act after paragraph (6) of the said section shall, in the case of the Air Force Act, be inserted after paragraph (8) and be numbered "(9)" instead of "(7)."

itself not an offence, I say that the death penalty in such a case ought not to be preserved, and that the Bill as it stands, so far as this is concerned, ought not to be altered by this House. As the noble Lord, Lord Thomson, expressly stated, these are not offences in themselves. They are not offences of violence. They are not offences known to any civil court. They are not such offences as should make a man liable to the death penalty. I do not in the least want to shirk the responsibility, but I urgently hope your Lordships will not delete this clause. If it is deleted the matter will have to go back to the other House.

On Question, Whether Clause 5 shall stand part of the Bill?

Their Lordships divided: Contents, 12; Not-Contents, 45.

CONTENTS.
Sankey, L. (L. Chancellor.) Arnold, L. Passfield, L.
Gainford, L. Ponsonby of Shulbrede, I,.
Parmoor, L. (L. President.) Kinnaird, L. Stanmore, L.
Marks, L. [Teller.] Thomson, L.
De La Warr, E. Marley, L. [Teller.]
NOT-CONTENTS.
Salisbury, M. Brentford, V. Clinton, L.
Burnham, V. Cottesloe, L.
Clarendon, E. Elibank, V. Danesfort, L.
Cranbrook, E. FitzAlan of Derwent, V. Daryngton, L.
Hare wood, E. Hereford, V. Fairfax of Cameron, L. [Teller.]
Lindsey, E. Mersey, V.
Lucan, E. Novar, V. Fairhaven, L.
Midleton, E. Plumer, V. Gage, L. (V. Gage.)
Peel, E. Hanworth, L.
Plymouth, E. Alvingham, L. Harris, L.
Sondes, E. Annaly, L. Jessel, L.
Stanhope, E. Auckland, L. Kenmare, L. (E. Kenmare.)
Vane, E. (M. Londonderry.) Banbury of Southam, L. Lamington, L.
Biddulph, L. Leigh, L.
Allenby of Megiddo, V. Clanwilliam, L. (E. Clanwilliam.) Methuen, L.
Bertie of Thame, V. [Teller.] Redesdale, L.
Clifford of Chudleigh, L. Sandys, L.

From the second of the paragraphs which are directed to he inserted in subsection (2) of Section six of the Army Act, there shall, in the case of the Air Force Act, be omitted the words "drawing swords, beating drums," and the words "in action, on the march, in the field, or elsewhere."

Any reference to Section fourteen of the Army (Annual) Act, 1904, shall, in the case of the Air Force Act, be read as a reference to Section twenty-seven of the Army and Air Force (Annual) Act, 1920.

VISCOUNT FITZALAN OF DERWENT

I beg to move the consequential Amendment in my name, to omit the first two paragraphs of the Schedule.

Amendment moved— Page 8, leave out from end of line 33 to end of line 5 on page 9.—(Viscount FitzAlan of Dement.)

On Question, Amendment agreed to.

Second Schedule, as amended, agreed to.

Then, Standing Order No. XXXIX having been suspended, Bill reported with Amendments; Bill read 3a, with the Amendments, and pas[...] and returned to the Commons.