HC Deb 24 July 1916 vol 84 cc1313-4
44. Mr. GINNELL

asked the Attorney-General if he will state when the present practice of trying British-born subjects by Court-martial in camera and executing decisions so reached was introduced; whether before those trials or before the executions the legality of that procedure and the law, if any, on which it was supposed to be based were ascertained, and the fiat of any Civil Court, judge, or Law Officer obtained; how many British-born subjects have been executed and how many are now undergoing penal servitude in pursuance of sentences of courts-martial held in camera; and, seeing that this procedure is not warranted by any law, but only by a Regulation which has never been judicially reviewed, and that its victims are now powerless to have it so reviewed, whether he will take immediate steps to get a decision of a competent Civil Court on the legality or illegality of holding field-general courts-martial in camera, in order that Parliament may deal with the matter this Session?

The ATTORNEY-GENERAL (Sir Frederick Smith)

The answer to the first part of the question is that the practice was introduced at the outbreak of war. The answer to the second part of the question is that the Irish Law Officers advised in favour of the legality of the proceedings. The third part of the question should be addressed to the War Office. The answer to the fourth part of the question is in the negative.

Mr. GINNELL

Is not the right hon. Gentleman aware that I got an answer in this House to the effect that the Irish Law Officers did not accept responsibility, and in view of that answer, which is in the OFFICIAL REPORT, will he not have the decision of a competent Court upon this matter before the Session closes?

Sir F. SMITH

I cannot have the decision of a competent Court. The hon. Member is in error as to the functions I discharge. As to any previous answer in reference to this matter and the Irish Law Officers, I have not any such answer in my mind, but I will inquire into that.

Mr. GINNELL

If the right hon. Gentleman finds that the Irish Law Officers did not give any flat or authority for these proceedings, will he then act?

Sir F. SMITH

There is no question of my acting. Whatever the Irish Law Officers advised, I am satisfied these proceedings were legal. I cannot go beyond that.

Mr. GINNELL

In view of the fact that the Law Officers have not advised in these proceedings, will the Prime Minister himself say whether he will deal with these matters of life and death before the Session closes?

The PRIME MINISTER (Mr. Asquith)

I must have notice of that question.