HC Deb 06 May 1918 vol 105 cc1852-4
27. Mr. HOGGE

asked the Minister of National Service whether the words "offer- ing themselves for enlistment," in paragraph 4 c of the Schedule of exempted persons in the Military Service Act, relating to the exemption of men who, since 5th April, 1917, have been rejected as being totally and permanently unfit for any form of military service, cover men who did not volunteer but waited until they were called up in the ordinary way?

Mr. BECK

I think the hon. Member's question raises a matter of the construction of the Act, and that, accordingly, it is not desirable that I should deal directly with it; but I may state that the practice is that under general Instructions issued in April, 1917, and still current, a man is not to be called up for service or for medical examination if he has been duly found to be totally and permanently unfit for any form of military service, and he is given a certificate showing that he is discharged from liability to be called up for military service.

Mr. HOGGE

Could the hon. Gentleman say who is able to tell us what is the construction of the Act if it is not the persons who are administering it, and will he deal with the question which I have asked, namely, whether the words in the Act cover the case of all men or only those who really offered themselves and did not wait until the Order was issued for calling them up?

Mr. BECK

I am sure my hon. Friend is aware of the fact that this rather intricate legal point was submitted to a Committee of Law and that a decision was given. It is really a highly technical legal point, and it would be unfortunate to deal with it here by question and answer.

Mr. PRINGLE

Are we to understand that the National Service Department have given instructions construing these words as if they cover all these men whether they offered themselves voluntarily or came up for service under the Military Service Act?

Mr. BECK

My hon. Friend had better look at the answer that I have given, which, I think, covers the point.

Mr. HOGGE

Will the hon. Gentleman say when any case was decided in a Court of law subsequent to the passing of the Act? It never has been decided.

Mr. CHANCELLOR

What was the decision to which the hon. Gentleman referred?

Mr. BECK

The case was one in which a man offered himself voluntarily two days before he was required to report himself. I forget the date of it. The Court gave a decision in his favour.

Mr. P. A. HARRIS

Will the hon. Gentleman consult the Law Officers and give a considered reply?

Mr. BECK

It is not in the least necessary. It is a purely technical point, and the administration is entirely in favour of the men.