§ MR. ARTHUR O'CONNORasked the Secretary of State for War, Under what authority, prerogative or statutory, the following Regulations were framed and issued:—
Regulations for the Medical Department.623. Every recruit, without exception, will he vaccinated on joining the head quarters or depot of the corps to which he belongs, unless the operation is certified to have been already successfully performed subsequently to his enlistment.624. The Medical History Sheet of every soldier will furnish information whether he has been re-vaccinated, and Medical Officers will re-vaccinate those cases where no such record exists;and, if under statutory authority, under what statute; if of prerogative as conferred by the Crown on his appointment to office, under what words in his patent of appointment, or in any other instrument, he exercises the power?
THE MARQUESS OF HARTINGTONSir, the Secretary of State for War is responsible to the Crown and to Parliament for the efficiency of the Army, and has always been held to have authority to issue such Regulations as are necessary for securing that object, including, of course, its maintenance in health. The 14th paragraph of the 14th section of the Queen's Regulations and Orders for the Army, issued under the sanction of Her Majesty, lays down that—
Medical officers doing duty with troops will in all medical and sanitary duties be guided by the Army Medical Regulations,which contain the paragraphs quoted, and thus I conceive gives to the Medical Regulations the same authority as the Queen's Regulations themselves.
§ MR. ARTHUR O'CONNORasked whether he was to understand from the noble Lord that he claimed for himself to exercise the power, which the Crown did not possess, to submit individuals to a surgical operation against their will?
§ MR. ARTHUR O'CONNORAs I believe the Secretary of State for War has acted ultra vires, I beg to give Notice that I shall oppose on the Estimates any charge in connection with vaccination in the Army.