Mr. PEELasked the First Lord of the Admiralty, in view of the fact that by the Order of 20th October, 1904, the duty is placed on the First Sea Lord of the Admiralty to advise on all large questions of naval policy and maritime warfare, and that by the same Order the First Sea Lord is always to be consulted in any matter of importance by the other Sea Lords, the Civil Lord, and the Parliamentary or Permanent Secretary, did the First Sea Lord in fact advise and was he consulted upon the conventions signed at The Hague in October, 1907, and ratified in November, 1909, either before their signature or before their ratification; and was he also consulted and did he advise on the Declaration of London before its signature in February, 1909?
§ Mr. McKENNAThe Conventions signed at The Hague in 1907 were submitted to the First Sea Lord in the ordinary official course, and a similar procedure was followed in the case of the Declaration of London.
§ Mr. LEEMay I ask whether the First Sea Lord advised that the Declaration of London should be ratified?
§ Mr. McKENNAYes, my recollection is that we discussed it very frequently, and he did advise so, but I think the hon. Gentleman will agree it is most undesirable to raise questions as to the opinions of particular members of the Board.
§ Mr. BUTCHERMight I ask the right hon. Gentleman whether the Board of Admiralty was consulted as to the Declaration of London before it was signed?
§ Mr. McKENNAYes, Sir; the Board of Admiralty decided in support of the Declaration of London, and it has been stated so repeatedly.
§ Mr. BUTCHERWas the First Sea Lord asked to give his opinion?
§ Mr. McKENNAYes, Sir—
§ Mr. SPEAKERThat does not arise out of the question on the Paper.
§ Mr. EYRES-MONSELLasked whether, in the event of the Declaration of London being ratified, a new edition of the Naval Prize Manual is being prepared; and, if so, who is preparing it?
§ Mr. McKENNAThe revision of the Prize Manual was provisionally considered by a Departmental Committee in 1909, but in the event of the Declaration of London being ratified, the question will be again taken into consideration.
§ Major ARCHER-SHEEasked why the Admiralty propose to employ steam trawlers for mine-sweeping purposes in time of war when, under Article 3 of the Convention on the Restriction of the Right of Capture, ratified on 27th November, 1909, contracting Powers are not allowed to take advantage of the harmless character of such vessels nor use them for military purposes while preserving their peaceful appearance?
§ Mr. McKENNAThe arrangement under which these vessels will be employed in the event of war will not be a contravention of the Convention referred to. While employed as mine-sweepers these trawlers will cease entirely to be fishing craft. Trawlers, being deep sea fishing vessels, are not exempt from capture under the Article quoted.
§ Major ARCHER-SHEEIs it not almost impossible to make a trawler look like a torpedo-boat, which is the only war vessel of anything like the same size?
§ Mr. McKENNAI cannot add anything to the answer I have given the hon. and gallant Gentleman?
§ Major ARCHER-SHEEasked (1) whether, in conformity with Article I of the Convention on the Right of Capture, ratified on 27th November, 1909, captains of His Majesty's ships at present serving on foreign stations have been instructed that in the event of war being declared by or against the United Kingdom they are not to open official correspondence found on captured enemy ships, but to forward it with the least possible delay to the enemy Government; and (2) whether captains of His Majesty's ships at present 409 serving on foreign stations have been instructed that in the event of war being declared neutral mail ships are not to be searched except when absolutely necessary, and then only with as much consideration as possible?
§ Mr. McKENNAThese questions raise points which will be dealt with in the revised Naval Prize Manual, which will have to be issued when the Convention for the establishment of the International Prize Court has been ratified. It is not considered desirable to make any statement as to the actual instructions which will be given to captains of His Majesty's ships, the manual being regarded as for His Majesty's officers only.
§ Major ARCHER-SHEEIs it not the fact that the Battle of Trafalgar would never have been fought but for intercepted despatches, and consequently this Convention will not be worth the paper it is written on?
§ Mr. SPEAKERThat is a matter of argument.
§ Major ARCHER-SHEEasked whether, under Article 3 of the Convention for Restriction of the Right of Capture, ratified on 27th November, 1909, which exempts small boats employed in local trade from capture, the expression small boat covers coasting steamers and barges; and up to what limit of tonnage vessels may toe regarded as small boats under this article?
§ Mr. McKENNAI cannot do more than refer the hon. Member to the protocols of the plenary meetings of the second Peace Conference, as contained in Command Paper 4081 Miscellaneous, No. 4 of 1908, Article 1 on pages 220 and 221.
§ Major ARCHER-SHEEasked the Secretary of State for Foreign Affairs whether Article 6 of the Convention on the Restrictions of the Right of Capture, ratified on 27th November, 1909, which enacts that the captain and crew of an enemy merchant ship were not to be made prisoners of war if they undertake in writing not to engage, while hostilities last, in any service connected with the operations of war, means that they were at liberty to ship on board another enemy merchant ship?
The UNDER-SECRETARY of STATE for FOREIGN AFFAIRS (Mr. McKinnon-Wood)The answer is in the affirmative, provided that the enemy merchant ship is not herself employed in service connected with the operations of war.
§ Major ARCHER-SHEEasked whether Article 7 of the Convention on Restrictions of the Right of Capture, ratified on 27th November, 1909, which states that the belligerent is forbidden knowingly to employ these persons after they have given their parole, means that they must not be employed by the naval or military authorities only, or whether it means that they must not be employed by the subjects of the enemy State?
§ Major ARCHER-SHEEDoes that include subjects of the enemy's State?
Mr. McKINNON WOODIt means they must not be employed by a belligerent State in any capacity. It is a question of State employment.