HC Deb 17 September 1940 vol 365 cc91-2
15. Mr. Lyons

asked the Secretary of State for War whether, in order to make available trained assistance for the accused, he will consider introducing legislation, by amendment of the Army Act or otherwise, so as to apply the effect of the Poor Prisoners' Defence Act to trial by court-martial?

Mr. Eden

A recommendation as to the supply of legal aid for persons tried by court-martial was made by the Oliver Committee. Consideration was being given to the method of implementing that recommendation, but was interrupted by the outbreak of war. It is, however, the practice to arrange in serious cases wherever possible, both at home and abroad, for legal aid to be given, in the capacity of defending officers, by members of the legal profession serving in His Majesty's Forces, who are now available, and this involves no payment by the defendant.

Mr. Lyons

On this serious matter the right hon. Gentleman realises, of course, that that is not the same thing. In view of the importance of the matter, will he reconsider the recommendation of the committee presided over by Mr. Justice Oliver?

Mr. Eden

There are legal officers serving in the Forces who give their services in this way.

Mr. Lyons

While appreciating the difficulty, will the right hon. Gentleman consider the representation, showing how different it is from what he said might happen?

Mr. Eden

I shall be glad to do so.

Mr. Lawson

May I draw attention to the fact that the Oliver Committee's recommendation was that in all cases where the soldier wished to have legal help he should have it at his disposal?