§ 29. Mr. MAXTONasked the Financial Secretary to the War Office what are the circumstances in the case of the dismissal of Private W. H. Walker from the Territorial Army, which deprive him of the right of appeal to the Army Council, provided in Clause 9, Sub-section (4), of the Territorial and Reserve Forces Act, 1907?
§ The FINANCIAL SECRETARY to the WAR OFFICE (Mr. Douglas Hacking)The circumstances are that Gunner Walker was not discharged under the Section quoted. I may add, nevertheless, that if he wishes to make any repre- 11 sentations regarding his discharge, they will be considered.
§ Mr. MAXTONI thank the right hon. Gentleman for his reply, which is further than he has gone before in this matter. When I asked him a question earlier, he referred me to King's Regulations, to a particular King's Regulation. I looked up the Regulation which refers me to the Territorial Forces Act, and the particular Section, which I have here, lays it down that the man must have a right of appeal to the Army Council.
§ Mr. HACKINGI referred the hon. Member, at least I intended to refer him, to the Territorial Army Regulations, paragraph 199 (6 a).
§ Mr. MAXTONThat is what I am referring to. I am not referring to any other Regulations. I did not suppose that it was Navy Regulations.
§ Mr. SPEAKERWe cannot discuss the question now.
§ Mr. MAXTONI just want to ask a question. Why does the right hon. Gentleman refer me to the Territorial Regulations, as he has done again to-day, which are governed by Section 9 of the Territorial Forces Act, which gives an appeal to the Army Council? And why does he tell me that this man has no appeal?
§ Mr. HACKINGIf the hon. Member will look at Section 9, Sub-section (4) of the Territorial and Reserve Forces Act, 1907, he will see that if a man is summarily discharged by his commanding officer there is a right of appeal. This man was not summarily discharged by his commanding officer.
§ Mr. MAXTONI will argue the matter out later on.