HC Deb 10 July 1922 vol 156 cc1004-5

Motion made, and Question proposed, "That the Clause stand part of the Bill."

Lieut. - Commander KENWORTHY

This Clause deals with the provisions affecting the Foreign Enlistment Act, 1870. As far as I can ascertain, that Act is practically a dead letter. Anyone can enlist abroad, as recent events have shown.

Sir F. BANBURY

On a point of Order. The effect of Clause 3 is to add the provisions of this Act to the provision of the Foreign Enlistment Act, 1870. Whether the provisions of the Foreign Enlistment Act, 1370, are a dead letter or not does not affect this Clause.

The CHAIRMAN

I always allow an hon. Member a certain exordium, in order to give him a chan[...]e to bring into order what at the first blush would seem to be out of order. I shall watch the hon. and gallant Gentleman with not less vigilance than does the right hon. Baronet.

Lieut.-Commander KENWORTHY

I may save time if, before developing my argument, I ask for an assurance from the Government that if we add this Clause and attach the provisions of the Foreign Enlistment Act, the provisions of that Act will be carried out. Would that be in order?

The CHAIRMAN

I believe this Clause means that if the passing of this Bill raises any doubt as to the validity of the Foreign Enlistment Act, that doubt shall be resolved, and it will be made quite clear that the Foreign Enlistment Act does remain the law of the land. It seems to me purely a question of the removal of possible doubt.

Lieut. - Commander KENWORTHY

With that object, I would like to ask for the assurance I have mentioned. The Foreign Enlistment Act has been recently a dead letter. We have allowed our men to enlist in foreign armies, almost with the assistance of the Government. Unemployed ex-service men were allowed to enlist in the Spanish Army in Morocco, and there have been other examples.

Lieut.-Colonel NALL

Russia

Lieut. - Commander KENWORTHY

Yes, and Russia. We have lost quite enough men in Russia. That is a wound which I invite the hon. and gallant Member not to open. I was referring to what I hoped was non-controversial— the enlistment of British soldiers in the Spanish Army. I think there was a great breach of the law in permitting those men to go abroad.

The CHAIRMAN

I think this discussion is beyond the scope of the Clause. This is merely a provision for the removal of possible doubts, and we cannot question the policy or the application of the Foreign Enlistment Act as a whole.

Clauses 4 (Trial and Punishment for Violation, of Rules as to warfare against commerce) and 5 (Extent of Act) ordered to stand part of the Bill.