HC Deb 20 December 1916 vol 88 cc1428-9
29. Mr. MEAGHER

asked the Under-Secretary for War whether his attention has been called to the fact that Thomas Boyle, son of Patrick Boyle, of Blanch-fieldstown, Dunbell, county Kilkenny, is being retained as a soldier either in the Hussars of the line or the Northumberland Yeomanry, although a birth certificate has been sent to the authorities concerned showing him to be only fifteen years and three months of age; can he say by what authority this boy is being detained against the consent of his father, who is doing everything possible to obtain his release; and whether steps will be taken to send this boy back to his home?

Mr. MACPHERSON

Inquiries are being made, and the hon. Member will be informed of the result in due course.

Mr. DEVLIN

By what legal authority is this boy retained?

Mr. MACPHERSON

I must ask for notice of that question.

Mr. DEVLIN

Is it not a fact that I have Supplied the hon. Gentleman with the birth certificates of several boys showing that they are tinder sixteen years of age?

Mr. MACPHERSON

I believe it is true that my hon. Friend sent me the birth certificate in two cases when I was in an unofficial capacity. I will have inquiries made into this particular case.

Mr. DEVLIN

Is there any power to retain these boys under sixteen? Is there any legal authority? I must press for an answer.

Mr. MACPHERSON

I must have notice of that.

Mr. LYNCH

If inquiry should show that the facts alleged are borne out will this boy be released at once?

Mr. MACPHERSON

I must have notice of that.

Mr. DEVLI N

Did I not send birth certificates to the hon. Gentleman in regard to these boys showing that they were under sixteen years? Why are these boys retained? Is it legal to retain them?

Mr. HOGGE

Is it not the case that the War Office have issued an Order which begins to affect boys only at seventeen years, and that therefore they have no right to retain any boys below that age?

Mr. MACPHERSON

I must know the circumstances of each individual case. I believe it is true that the hon. Gentleman (Mr. Devlin) did send me the birth certificates in certain cases. I know that the law once was that if a boy of fifteen years of age had his birth certificate sent to the officer in charge of any regiment to which he was attached, in that case the boy would be released; but since then I understand the recruiting authorities have varied that Order.

Mr. DEVLIN

May I ask whether the military authorities, by their own act, can supersede the law of the land?

Mr. J. O'CONNOR

Is it not the fact that the War Office have misused the King's press damnably?