§ 28. Major MACKENZIE WOODasked the Secretary of State for War on what authority, by Statute, Rule of Procedure, Regulation, or Order, legal representation is refused to persons interested in military Courts of Inquiry in Ireland, and in cases where a legal representative is admitted to the hearing the right of cross-examination is refused?
§ The UNDER-SECRETARY of STATE for WAR (Lieut.-Colonel Sir R. A. Sanders)By Section 70 (1) (a) of the Army Act, His Majesty may, by rules to be signified under the hand of a Secretary of State, make provisions in respect of the "assembly and procedure of Courts of Inquiry." The provisions made for this purpose and at present in force are Rules of Procedure 124 and 125. These do not provide for the appearance of counsel. Counsel have accordingly no right of audience before a Court of Inquiry. It has been the practice, however, where a Court of Inquiry is held in lieu of inquest under Regulation 81 of the Restoration of Order in Ireland Regulations, for the Court to allow counsel to be present on behalf of persons interested, and to put, through the President, questions to witnesses which, in the opinion of the Court, are material to the Inquiry.
§ Major WOODIs there anything in these rules which prevents cross-examination, and is the hon. and gallant Gentleman aware that hundreds of courts of inquiry took place during the War in which this right of cross-examination was allowed, and it has always been a common thing to allow cross-examination?
§ Lieut.-Colonel SANDERSI think my answer covers the first part of the hon. and gallant Gentleman's question. As to the second part, I am not aware.
§ Colonel ASHLEYIs it much use allowing a legal representative to be present if you deny him the right of cross-examination?
§ Lieut.-Colonel SANDERSAll the question asks is what is the practice. It does not ask whether it is a good or a bad practice.
§ Captain W. BENNWhat is the purpose of curtailing the scope of these inquiries in the way described by the hon. and gallant Gentleman?
§ Lieut.-Colonel SANDERSI do not think that arises.
§ Major WOODIs there anything in the rules to prevent cross-examination? That is the question I put, and I have not had an answer.
§ Lieut.-Colonel SANDERSThe hon. and gallant Gentleman can refer to the rule.
§ Major WOODI have referred to it. Can the hon. and gallant Gentleman say what part of the rule prevents cross-examination?
§ Lieut.-Colonel SANDERSNo, not without notice.
§ Captain BENNWhy is cross-examination not permitted in these courts?
§ Lieut.-Colonel SANDERSWithout notice I cannot say.
§ Colonel Sir A. HOLBROOKIs it not a fact that questions may be put through the President of the Court?