§ 43. Sir C. KINLOCH-COOKEasked the First Lord of the Admiralty whether the policy of suspending the retired pay of naval officers called out for service and paying these officers active service pay plus 28 per cent, of the same has been submitted to the Law Officers of the Crown with a view to determining whether the suspension of the retired pay is legal?
§ Dr. MACNAMARAThe question has not been referred to the Law Officers of the Crown, but I am advised that the legality of the practice of suspending retired pay would appear to be implicit in Section 3 of the Naval and Marine Pay and Pensions Act, 1865, and the various Orders in Council framed thereunder.
§ Sir C. KINLOCH-COOKEIn view of the fact that the case of military officers in the matter of retired pay is not suspended as in the case of naval officers, will the right hon. Gentleman submit a case to the Law Officers of the Crown and promulgate the answer?
§ Dr. MACNAMARAI have no authority to say that it shall be submitted, but I will put my hon. Friend's representations before the proper authorities, though the different practice of one Department and another is no ground upon which to claim to submit a case to the law officers.