53. Mr. C. PALMERasked the Prime Minister whether General Dyer has been dismissed the Army or is he on half pay or on leave; whether it is possible for an officer in His Majesty's forces to be dismissed or retired without the authority of the Secretary of State for War and the Army Council; was such disciplinary action as has been taken in the case of General Dyer taken under the authority of the Secretary of State for War and the Army Council; whether neither the Secretary of State for War nor the Army Council has expressed any opinion on the case; and whether General Dyer can appeal against any decision the Army Council may arrive at after considering the statement he is now preparing, and demand a military court of inquiry into his conduct at Amritsar?
§ Sir ARCHIBALD WILLIAMSON (Parliamentary Secretary, War Office)My right hon. Friend has asked me to reply. As the hon. Member is no doubt aware, Brigadier-General Dyer was relieved of his appointment in India by the Commander-in-Chief in India, and consequently he is now unemployed and, under Indian Regulations, he is in receipt of the leave pay of his rank. The conditions under which an officer can be dismissed from the Army will be found by reference to Section 44 of the Army Act. The conditions under which he can be placed on retired pay will be found by reference to Article 527 of the Royal Warrant. The disciplinary action taken by the Commander-in-Chief in India in relieving Brigadier-General Dyer of his appointment was not taken under the authority of the Secretary of State for War or the Army Council, and in this connection I may say that the Commander-in-Chief in India is under the orders of the Government of India and not of the Secretary of State for War or the Army Council. In reference to the progress which the Army Council has made with regard to the case, I would refer the hon. Member to my reply to the hon. Member for Eastbourne 417 on the 8th June last. The statement mentioned in that reply has not yet been received in the War Office, but it is expected to-day. The conditions under which an officer can appeal will be found by reference to Section 42 of the Army Act. The Regulations governing the setting up of Courts of Inquiry will be found by reference to Rule of Procedure 124 and paragraph 666 of the King's Regulations. When he has read these Regulations—
§ Sir A. WILLIAMSONThe hon. Member will realise that no officer can demand a court of inquiry, for the simple reason that the question as to whether or not a court of inquiry shall be set up depends solely upon whether or not the superior authority considers itself sufficiently informed on the matter.
Mr. PALMERArising out of that answer, I am not a walking King's Regulations, and so asked the question: and I would ask the right hon. Gentleman to answer the last part of my question, whether, if the Army Council give any decision adverse to Brigadier-General Dyer, he will be able to demand a Court of Inquiry?
§ Sir A. WILLIAMSONI am sorry I cannot add to the answer I have given.
§ Lieut.-Colonel CROFTIs it not the fact that after the happenings in the Punjab, when General Dyer was relieved of his command, that he war specially selected to take part in the operations in Afghanistan; is it not a fact that he was congratulated on the success of that campaign?
§ Sir A. WILLIAMSONI shall be glad to answer any question that my hon. and gallant Friend puts down.