§ For removing doubts, it is hereby declared that the power under section twenty-four of the Volunteer Act 1863, to make rules with respect to a Volunteer Corps shall extend, and be deemed to have always extended, to rules for securing the efficiency of the members of 233 the Corps, and that a fine for the breach of any rule made under that power shall not be deemed to be a civil debt.
§ MR. PICKERSGILLmoved to add to the Clause the following words:—
Provided that, notwithstanding anything contained in section fifty-two of the Summary Jurisdiction Act 1879, the provisions of section four of the said Act respecting the mitigation of penalties by the court, and that the corresponding provisions of section six of the Summary Jurisdiction (Scotland) Act 1881, notwithstanding anything contained in the last-named section, shall respectively apply to proceedings taken under this Act.The hon. Member staled that his object was simply to bring the Bill into uniformity with the general law. If this Bill passed as it stood the power of mitigating penalties would be taken away; with regard to such offences as the Bill dealt with. It was very much worse when this power was given to Voluntary Associations such as Volunteer Corps. He ventured to make mi appeal to the Attorney General. He hoped he would preserve his independent judgment, which he feared was somewhat overborne by the War Office. He sometimes feared that that House had not that regard for personal liberty which had distinguished it in times past. He was a warm advocate of the Volunteer Service, but if they passed this offensive enactment they would not be doing it any advantage or increasing its popularity. For these reasons he begged to move his Amendment.
§ THE ATTORNEY GENERAL (SIR RICHARD WEBSTER,) Isle of Wightsaid if the hon. and learned Member had an opportunity of ascertaining the facts in connection with the Act of 1879 he would see that it was not possible for him to advise the House to accept this Amendment. The hon. Member spoke of the Bill as an oppressive Bill, and said they should not have such a power in it. He thought the hon. and learned Member took a somewhat exaggerated view. What was here provided had been in force since 1863 and had worked well. It was found, however, that the existing Acts were not sufficient to carry out the object aimed at, and the Bill was simply a Measure to put the law into the condition which everyone believed it was in since 1863. Not a single word had been 234 said to show that the law had worked unfairly or that any injustice had been done. He must ask the House not to accept the Amendment.
§ MR. PICKERSGILLthought this was an extremely important matter, and said he must press the Amendment to a Division.
§ Question put, "That those words be there added."
§ The Committee divided:—Ayes, 93; Noes, 201.—(Division List, No." 202.)
§ Clause ordered to stand part of the Bill.
§ Clause 2,—