HC Deb 17 July 1916 vol 84 cc641-2
9. Mr. SNOWDEN

asked the Under-Secretary of State for Foreign Affairs what action has been taken upon the representations made to the Foreign Office by the Netherlands Minister for the re-lease from the British Army of a Dutch subject named Solomon Duynkerk, who was kidnapped into the Army by Lieutenant Mollock, of Stoke Newington, and who is now undergoing imprisonment at Winchester for refusing to obey military orders?

Mr. G. TERRELL

May I ask, Sir, if you exercise any supervision upon questions of this character, which are designed for the purpose of mischief making rather than for the purpose of obtaining information?

Mr. SPEAKER

I do not encourage mischief makers in any quarter of the House. It did not occur to me that this was more mischievous than most questions.

Lord R. CECIL

After reference to the War Office the Netherlands Minister was informed that persons of dual nationality who have voluntarily attested for military service cannot be permitted to avoid the liability which they have thus undertaken by making a declaration of alienage in renunciation of their British national status.

Mr. SNOWDEN

Is it not the fact that this man was induced to attest under misrepresentations that it was necessary for aliens to do so?

Lord R. CECIL

That is not my information, but of course this is really a matter which should be addressed to the War Office.

Mr. SNOWDEN

Is it not the fact that a representation made by the Dutch Minister was not acknowledged by the Foreign Office for more than a month after its receipt?

Lord R. CECIL

No, Sir; I am informed that is a mistake.

Mr. PRINGLE

Is he a British subject?

Lord R. CECIL

I understand he is.

43. Mr. SNOWDEN

asked the Home Secretary if the Home Office gave authority for the treatment of Solomon Duynkerk, a Dutch subject, as a person liable to service under the Military Service Act; if this man had an official certificate of alienage and possessed a registration card marked Dutch; if, notwithstanding this, the man was fined and handed over to the military on the advice of the Home Office; and on what grounds the Home Office took the action they did?

The SECRETARY of STATE for the HOME DEPARTMENT (Mr. Herbert Samuel)

The Home Office has no authority to determine the question whether a man is liable to service under the Military Service Act. The action of the Home Office in the case in question was confined to pointing out, in answer to an inquiry from the magistrate, that Section 16 of the British Nationality and Status of Aliens Act, 1914, provides that where a man who was a British subject ceases to be a British subject—as this man had done by making a declaration of alienage—he shall not thereby be discharged from any obligation, duty, or liability in respect of any act done before he ceased to be a British subject. This man had voluntarily attested before he made the declaration of alienage, and the decision of the Court was to the effect that he was bound by his attestation.