§ 19 and 20. Major FARQUHARSONasked the Secretary of State for War (1) under what Section of the Army Act officers may be dismissed from the Army without sentence by court-martial; (2) how many officers of the Army, Navy, and Air Forces have been dismissed without court-martial as required by the Army Act and the King's Regulations?
§ Mr. CHURCHILLThere is no Section of the Army Act under which officers may be dismissed from the Service without trial by court-martial, and no officer of the Army or Air Force has been dismissed without such trial. But many officers have 191 been called upon to resign their commissions or to retire under the provisions of Article 527 of the Royal Warrant for Pay, etc., and a number have also been removed under the provisions of Article 529. No figures for the Army are available, and, in view of the labour involved in obtaining such statistics, I regret I cannot undertake to have them compiled. As regards the Air Force, twenty-eight officers have been removed from the Service under the provisions of Articles 525–527 of the Royal Warrant.
For information as to officers of the Royal Navy, I would refer my hon. and gallant Friend to my right hon. Friend the First Lord of the Admiralty.
§ Colonel ASHLEYWhat is the difference between calling upon an officer to resign his commission and dismissing him?
§ Mr. CHURCHILLThe question asked under what Section of the Army Act. 1 explained that it was not under a Section of the Army Act, but under the Regulations of the Royal Warrant.
§ Colonel ASHLEYWill the right hon. Gentleman answer my question, which is of considerable importance to many officers in the Army?
§ Mr. CHURCHILLThe practice which prevails is of long standing, and the distinction between cashiering an officer as the result of a court-martial and his removal from the list in certain circumstances, is perfectly well understood.
Lieut.-Colonel MURRAYIs it not the case that many officers prefer to be called upon to resign rather than be court-martialled?
§ Mr. CHURCHILLIt depends. Some prefer to resign, and some to be court-martialled.
§ Major McKENZIE WOODWhat happens if the officer refuse to resign when called upon?
§ Mr. CHURCHILLHe can be removed from the list, His Majesty having no further need of his services, at any time on the responsibility of the Secretary of State.
§ Sir F. LOWESuppose he refuse to resign and demand to be tried by court-martial, is not that course open to him?
§ Mr. CHURCHILLNo; no officer can demand a court-martial as a right.
§ Sir F. LOWEIf he is asked to resign. I presume he has to resign?
§ Mr. CHURCHILLCertainly.