§ MR. YERBURGHI beg to ask the Secretary of State for War whether an officer whose conduct forms the subject of a court of inquiry has the right or is afforded the opportunity of appearing in person before such court, and of calling witnesses in his defence; and whether officers of all ranks, against whom steps have been taken by the War Office in consequence of the finding of a court of inquiry before which they have not had the opportunity of appearing, have the right, whether on full or on half-pay, to demand a court-martial; and, if not, whether they have any, and, if so, what right of appeal.
§ MR. BRODRICKThe officer on whom a court of inquiry is held has the right and is afforded the opportunity of appearing before the court. The court of inquiry may report circumstances directly or indirectly affecting other officers, but in such cases the fact that they have not been called is considered in dealing with the finding of the court. No officer has a right of appeal to a court-martial, but to the Commander-in-Chief and the Sovereign, in accordance with Section 42 of the Army Act.
§ MR. COURTENAY WARNER (Staffordshire, Lichfield)May I ask if steps are being taken by the War Office to alter these rules in accordance with the promise given by the right lion. Gentleman and the First Lord of the Treasury the other day.
§ MR. BRODRICKNo promise was given as to the alteration of rules, but certain pledges were given as to the way in which officers were to be treated in certain cases, and these pledges will be adhered to.
§ MR. YERBURGHWhat I would like to ask the right lion. Gentleman is, are all officers whose conduct may be the subject of a court of inquiry given the opportunity of appearing before the court?
§ MR. BRODRICKIt is impossible to assure the procedure to such a degree that, when the conduct of one officer is under consideration by a court of inquiry, no evidence may be by any chance brought forward which may affect some other officer who may not be present. But should any action be taken on such evidence, or on the report made on it, of course the fact of such officer not being present is taken into account.
§ MR. YERBURGHI desire to ask the right hon. Gentleman whether where punishment is passed upon an officer in accordance with the result of a court of inquiry that officer is given as a matter of right the opportunity of having his case heard before sentence is passed upon him?
§ MR. BRODRICKI think the hon. Member had better put his question down. I am quite aware of the case to which he refers, and I am prepared, at the proper time, to answer it, but I am not prepared to enter into a debate on this question in the form of a question and answer across the floor of the House. But I may state that the officer to whom the hon. Member refers had had an opportunity of making an explanation, and the substance of his explanation was well known to the officer who made the recommendation in regard to it.