§ 37. Mr. Stephenasked the Secretary of State for War whether he is aware that Mr. Gerald Henderson, 2142026, No. 2 Motor Transport Training Depot, Royal Engineers, was sentenced to four months' imprisonment by a court-martial for refusal to obey order on grounds of conscientious objection to military service, and that at a subsequent court-martial he was sentenced to a further six months' imprisonment for a similar refusal to obey orders on the same grounds; and what steps he proposes to take to prevent this man, with his conscientious objection to military service, from being subjected to this cat-and-mouse series of imprisonments?
§ Captain MargessonPrivate Henderson has undergone two sentences in respect of each of which he exercised the right of appeal to the Appellate Tribunal under the National Service Act, 1939. On each occasion he was given proper facilities for exercising his right, but his case was rejected by the Tribunal. He must therefore be held to serve in the Army in accordance with the original decision of the Tribunal before which he pleaded his case on entering the Army.
§ Mr. StephenWill not the Minister have this man's case referred to another tribunal so that he may receive some justice?
§ Captain MargessonNo, Sir, I have no power in the matter whatsoever. This 548 man has already appeared on two occasions before the appropriate body.
§ Mr. StephenDoes the Minister realise that this man is not going to serve in the Army, and will he not therefore exercise his power and order his discharge?
§ Captain MargessonNo, Sir. I have no power to do so.