HC Deb 02 April 1917 vol 92 cc1030-3

The Clause shall come to an end and cease to have effect as from the first day of May, nineteen hundred and eighteen.—[Sir C. Hobhouse.]

Clause brought up, and read the first time.

Sir C. HOBHOUSE

I beg to move, "That the Clause be read a second time."

I move this Clause which stands in the name of the hon. Member for Somerset (Mr. King) for the purpose of asking a question. Under Clause 1, Sub-section (1), the Army Council may at any time by written notice require any man who is for the time being excepted from the operations of the Military Service Acts, 1916, to present himself for examination, and so forth. I wish to ask whether the duration of this Bill will automatically come to an end at the same time as the other Military Service Acts, or whether under the words I have read out it will continue in force after the Military Service Acts come to an end and after the War has come to an end? I cannot confess to any knowledge of the law, nor can I offer any opinion as to the legal effect of words inserted in an Act of Parliament of this sort, but I should like to know the real effect of those words, and whether, as a matter of fact, the Bill does automatically come to an end, or, if it does not, whether my hon Friend will insert some words which will bring it to an end at the termination of the War?

Mr. MACPHERSON

I think this Clause is quite unnecessary. This Bill and the Military Service Acts are purely war measures. Nobody can say when the end of the War will be. The exact date, I understand, must be fixed by Act of Parliament, but as I understand it, this Bill will end at the same time as the Military Service Acts to which it refers.

Sir C. HOBHOUSE

Do I understand that my hon. Friend has consulted his legal advisers on the point? It seems to me to be a matter of interpretation, and I should like to be certain. though I do not press it.

Mr. MACPHERSON

I think it is right.

Mr. KING

This Bill must be read along with the other Military Service Acts. The last words of Clause 3 are, "This Act shall be read together and may be cited together with the Military Service Acts, 1916."The three Acts when they are passed into law will be one Act for all purposes. It is quite impossible to give the one we are now passing without the other two. If you turn to the first Military Service Act, you will see words in the first Section saying that it is for the period of the War. It is legislation from the outset for the period of the War and nothing else. I do not think that the Clause which the right hon. Gentleman has moved is really necessary, but it does give us an opportunity of raising the question as to what the period of the War is. The more I look on the future the more difficult I can see it will be to say when you come to the conclusion of active hostilities and when the period of the War will have ended. There must, of course, be an Act of Parliament to decide that. If the military decision is not of a decisive and overwhelming character it may be found necessary to keep the Armies in being. Negotiations may be very prolonged before there is an actual signing of the Treaty of Peace, and it is quite possible that the War may be prolonged and that the actual fighting may go on for a year or two. Perhaps this question is not quite in order, but it is a question which is present to the minds of a good many men as to how long they will actually be kept in the Army under these Acts. It is a question that ought to be faced, and not left to be decided later on in a happy-go-lucky way. I hope that we shall soon see an end of hostilities near, in order that we may be able to consider all the questions which will come up under this comprehensive phrase, "the period of the War," in good and ample time.

Question put, and negatived.

Bill reported.

As Amended, considered.

Mr. HOGGE

On a point of Order. Can we proceed to the Report stage of a Bill of this importance on the same day on which we have completed the Committee stage without some special authority being obtained from the House or some special Resolution being passed? I understand that not only are the Government going to proceed with the Report stage, but that they also propose to take the. Third Reading to-day. I could give reasons against that course, but I do not propose to give them at this moment. I only want to know exactly where we stand in this matter. Can we object to the Report stage being taken now? I think we can by the Rules of the House, so far as I know them, but I should like to have your ruling. Sir, on the subject.

Mr. DEPUTY-SPEAKER (Mr. Whitley)

The position is this: There is nothing in the Rules at all to prevent the House from proceeding with the Report stage, if it so desires. It frequently has been done in special circumstances. Therefore, when the Government calls "Now" to a Report stage, the House proceeds unless it otherwise desires.

Mr. HOGGE

In that case, I beg to move, "That this House do now adjourn."

Mr. DEPUTY-SPEAKER

I think the proper course would be, if the House is unwilling to proceed. after the first Amendment has been moved, to move that the further consideration be now adjourned.

Mr. HOGGE

I will do that.

Sir C. HOBHOUSE

On the point of Order. Strictly speaking, I understand the position to be that anyone can object to the Report stage being taken on the same day as the Committee stage. I would ask you, Sir, is it not necessary for the House to decide upon such a point?

Mr. DEPUTY-SPEAKER

The right hon. Gentleman is not quite correct. The objection of a Member does not stop the House from going on with the Report stage. Of course, it is a matter that is in the hands of the House, and the Chair, if objection is taken, would allow the House to consider on a Motion for the Adjournment of further consideration whether it was prepared to proceed or not.