NEW CLAUSE.—(Amendment of s. 140 of Army Act.) (Hansard, 22 April 1918)

§ Major HAYWARD

I beg to move, That the Clause be read a second time. It may not appear to be a vital point, but it is an Amendment of real substance so far as the soldiers are concerned. Section 138 of the Army Act provides for the deduction from the pay of a soldier for any absence without leave. It lays down that ho is to forfeit one day's pay for every day's absence. Section 140 explains the way in which the day is to be reckoned. It states that no time shall be so reckoned as a day unless the absence or imprisonment or detention has lasted for six hours or upwards, whether wholly in one day or partly in one day and partly in another. It follows from that that the clear intention of Parliament was that if a man were not away during the whole of these hours they could not be reckoned as a day against him in this forfeiture of pay. But, in the Manual of Military Law, in a note to the Section, there is an explanation of the Clause in the Act. I propose to read it to the House: Thus, a soldier forfeits one day's pay for any period of six clear hours continuous absence without leave. Where the absence extends for twelve hours he forfeits one day's pay in respect of any day reckoned from midnight to midnight dining any portion of which he was absent. I submit that that note does not carry out what was the clear intention of Parliament in passing Clause 140, and in practice this is the note which governs commanding officers in construing the Clause. The consequence is this: Supposing a man were away from twelve midnight one night to twelve midnight on the next the case is quite clear—he forfeits one day's pay. But I will take an extreme case. Supposing he is away from five minutes to twelve midnight, say, on the Monday night, and is away the whole of the Tuesday, and he comes back at five minutes past twelve on the Wednesday morning—that is, he is absent twenty-four and ten minutes. In that case, under the note in this Manual of Military Law, the man forfeits three days' pay. I 826 think it is obvious that that note does not carry out what was the clear intention of Parliament, and may I point out that this deduction from pay is not a punishment at all? It is an automatic deduction on the principle that, if a soldier is not present doing his work he is not going to get paid for it. Absence without leave is an offence against the Army Act for which a man, in addition to this deduction of pay, may be punished, and generally is punished as well, and that punishment generally takes the form of a fine. I submit it is essential in this respect, the Statute should at least be construed in favour of the soldier, and not against him. It is in order to carry out what I believe was the clear intention of Parliament at the time that I put down this new Clause.

§ The FINANCIAL SECRETARY to the WAR OFFICE (Mr. Forster)

There is not mush—at least there is very little difference of opinion between the military authorities and my hon. and gallant Friend. I think the practice of deducting three days' pay in respect of twenty-four hours and ten minutes absence is wrong, and I propose to accept broadly the view which my hon. and gallant Friend has put before the House. But I am afraid I cannot accept the Clause in the form in which ho has moved it. If we were to accept the Clause he has moved, it would give the soldier freedom to absent himself without leave for almost twelve hours. If you say he is to have six hours absence without leave in any one day, giving him the opportunity of absenting himself for very nearly six hours before midnight and very nearly six hours after midnight, he would have a night off without leave, and I do not think that would do. But I am quite willing to protect the essential point my hon and gallant Friend has in mind, and, if I may, I will move to amend the Clause which he has proposed so that it will run like this: Section one hundred and forty of the Army Act (which relates to deductions from ordinary pay) shall be amended as follows: In Sub-section (2) the following shall be substituted for the words from "so, however, that" to the end of the Sub-section, "so, however, that (a) no person shall be treated as absent, imprisoned or detained for the purpose aforesaid, unless the absence, imprisonment or detention has lasted six hours or 827 upwards, except where the absence prevented the absentee from fulfilling any military duty which was thereby thrown on some other person; (b) a period of absence, imprisonment or detention which commences before and ends after midnight may be reckoned us a day; (c) the number of days shall be reckoned as from the time when the absence, imprisonment or detention commences; and (d) no period of less than twenty-four hours shall be reckoned as more than one day. The effect of this Amendment, I think, is such that it meets the object of my hon. and gallant Friend, and makes clear in the Act what is the intention of Parliament. I think it certainly will be an Improvement.