HC Deb 11 April 1878 vol 239 cc1191-2

MR. CAVENDISH BENTINCK moved— That a Select Committee be appointed to examine into the Acts commonly called the Mutiny Act and the Marine Mutiny Act, and into the Law relating to the subject-matters of those Acts, or made in pursuance of such Acts, and to report on any amendments it may be desirable to make therein, and on the form in which legislation on the matters aforesaid should be promoted:"—That the Committee do consist of Twenty-one Members:—Mr. RUSSELL GURNEY, Sir WILLIAM HARCOURT, Colonel LOYD LINDSAY, Sir HENRY HAVELOCK, General SHUTE, Colonel MURE, Lord ELCHO, Viscount HINCHINGBROOK, Mr. CAMPBELL-BANNERMAN, Sir ALEXANDER GORDON, Admiral EGERTON, Sir HENRY WILMOT, Captain HAYTER, Mr. STAVELEY HILL, Mr. PARNELL, Mr. MERE-WETHER, Major O'BEIRNE, Mr. JOHN HOLMS, Lord CHARLES BERESFORD, Mr. HERSCHELL, and the JUDGE ADVOCATE GENERAL:—Power to send for persons, papers, and records; Five to be the quorum.

MR. STACPOOLE

did not wish to oppose the appointment of the Committee; but he thought there ought to be some Instructions given to the Committee to consider the propriety of granting an appeal from the decision of a regimental district, or general court martial to the Court of Queen's Bench, except in the case of courts martial held during war time. He begged to move an Amendment to that effect.

MR. KING-HARMAN moved that the name of the hon. Member for Kerry be added to the Committee.

MR. SPEAKER

said, that it was not now competent for the hon. Member to make the Motion, as it was necessary that Notice should be given of the name proposed to be added to the Committee.

COLONEL STANLEY

, in answer to the proposed Amendment, drew attention to the extremely wide terms in which the Mutiny Acts were referred to the consideration of the Select Committee. The appeal suggested would introduce an entirely new principle into military law, and no reason for its adoption had been given. Courts martial were, it was true, in some respects opposed to the civil law; but if they exceeded their jurisdiction, the Common Law Courts would interfere. It was further to be remembered, that the decisions of courts martial required confirmation before they could be enforced. He was, on these grounds, of opinion that an ample Reference had been given to the Committee.

MR. STACPOOLE

explained, that the case of Captain Roberts, of the 94th Regiment, who was tried by court martial last year, had drawn his attention to the necessity of a Court of Appeal from the decision of such tribunals; the late right hon. and learned Gentleman the Member for Clare (Sir Colman O'Loghlen), who held the Office of Judge Advocate General, having assured him, had he been in Office, that he would not have approved of the finding, it being, in his opinion, contrary to law and evidence.

Amendment, by leave, withdrawn.

Select Committee appointed and nominated.