§ Mr. ROWNTREE(by Private Notice) asked the Minister of National Service whether he has been made aware of the strong feeling existing in many parts of the country against the procedure whereby a man who disputes the validity of his decertification has to prove his case before a magistrate in a, civil Police Court; whether it is correct that such men should be arrested and taken to the Police Court as absentees; whether he has received the resolution passed unanimously by the York Tribunal protesting against men having to go for a Police Court to argue their appeal against alleged wrongful decertification, and whether it is not possible immediately to amend the procedure so that men who may be the victim of some Departmental error may be saved the indignity of appearing at a Police Court as either absentees or deserters?
§ Mr. BECKInstructions have already been issued to the National Service regions and areas relating to men decertified by the withdrawal Order of the 9th April made under the Military Service Act, 1918. National Service officials have been told that if there is a bona fide doubt whether a man is included in one of the occupations described in the Order, the question is to be considered by the Director of National Service of the region, 1687 with the assistance of his Departmental advisers, and may be referred, if necessary, to the headquarters of the Ministry.
In any case, therefore, where a man who is called up notifies the area office of the Ministry of National Service that he claims not to come within the scope of the Order, his calling-up notice will be suspended, if necessary, until the ruling of the Department has been obtained; and specific instructions have been given that no man is to be treated as an absentee until notice of the decision of the Department has been given to him and he has failed to comply with such ruling. If a man still wishes to challenge the ruling of the Department, the case must necessarily be determined in the usual way by a Court of summary jurisdiction.
I am calling for an immediate report on the particular case to which the hon. Member refers, in which it appears from the facts as stated in the Press that legal proceedings were wrongly instituted.
§ Mr. P. A. HARRISWould it not be better to refer it to the local tribunals?
§ Mr. BUTCHERCan the hon. Member say whether, in view of the urgency of this matter, he has taken or will take immediate steps, and will intimate the effect of his answer to the York local tribunals, who are greatly interested?
§ Mr. BECKAs I promised my hon. and learned Friend last night, my right hon. Friend the Minister of National Service has sent a telegram embodying this answer in a short form to the Lord Mayor of York this morning.