HC Deb 30 June 1879 vol 247 cc1058-60

(Mr. O'Clery, Major Nolan, Lord Francis Conyngham, Major O'Beirne.)

[BILL 200.] COMMITTEE.

[Progress, Clause 2, 26th June.]

Bill considered in Committee.

(In the Committee.)

Clauses 2 to 6, inclusive, agreed to.

Clause 7 (Power for volunteer to quit corps).

MR. WHITWELL

objected to the power of appeal given to a Volunteer who had been dismissed from his corps by his commanding officer. He did not wish to offer any formal opposition; but simply to inquire what kind of discipline could be maintained over a man after he had been re-instated by the magistrates in opposition to the decision of his commanding officer?

Clause agreed to.

Clauses 8 to 21, inclusive, agreed to.

Clause 22 (Discipline of volunteer force when on actual military service).

SIR ARTHUR HAYTER

begged to move an alteration in this clause, pro- viding that Regulars might sit on courts martial upon Volunteers. The Army Discipline and Regulation Bill provided that officers of the Regular troops were to be allowed to take part in courts martial upon Volunteers. He thought that a provision of that character should be inserted in this Bill, which provided that courts martial on Volunteers should be composed only of Volunteer officers.

MR. PARNELL

thought it would be better to postpone the decision of this question until the English precedent had been decided in the Army Discipline and Regulation Bill. That Regular officers should sit with Volunteer officers in trying members of the Auxiliary Forces, was a change recommended by the Committee that sat last Session; but whether it would be adopted, the House had not yet decided. It Would be better to allow the clause to pass in its present form. In his opinion, the Army Discipline and Regulation Bill did not alter the matter. And if the Army Discipline and Regulation Bill altered the law, it would alter the law as regarded Ireland as well, and in that respect would override this Act. Any other course would be forestalling the opinion of the House.

MR. O'CLERY

said, that the provision in the Bill was similar to that contained in the previous Acts. He certainly thought it would be best to permit the clause to be passed in its present shape.

MAJOR O'BEIRNE

hoped that this clause would be allowed to remain in its present form, as there was a difference of opinion in the Committee which recommended the alteration.

COLONEL LOYD-LINDSAY

trusted that the hon. Member would not press his Amendment. No doubt, when the Army Discipline and Regulation Bill was carried, it would alter the law.

SIR ARTHUR HAYTER

wished merely to obtain the information from Her Majesty's Government, as to whether the Army Discipline and Regulation Bill would govern this Bill when it was passed? He had no desire, however, having elicited this information, to press his Amendment to a Division.

THE ATTORNEY GENERAL FOR IRELAND (Mr. GIBSON)

said, that if the hon. Baronet would look at Clause 44 of the Act—that dealing with the interpretation of terms—he would see that, under the words "Mutiny Act," the effect would be that the Army Dis- cipline and Regulation Bill would govern this Act.

Amendment, by leave, withdrawn.

Clause agreed to.

Clauses 23 to 46, inclusive, agreed to.

Schedule and Preamble agreed to.

Bill reported, as amended, to be considered To-morrow.