HC Deb 09 June 1943 vol 390 cc682-4
15. Sir John Mellor

asked the Secretary of State for Air why personnel, who joined the Auxiliary Air Force before the war upon an undertaking that they would not be posted from their original units without their consent, are, upon completion of their engagements, being simultaneously discharged and called up for service in the Royal Air Force Volunteer Reserve so as to deprive them of the civilian right to appeal to a hardship tribunal.

Sir A. Sinclair

The expansion of the Royal Air Force made it essential, in the interests of operational efficiency, to employ experienced men wherever their services were most needed. In the case of Auxiliary Air Force airmen this could not be done without their consent, because of their restricted terms of service based on pre-war enlistment. The great majority responded to an appeal to accept general service. Some, however, have not done so and since they are not employed to the best advantage, those of military age are being discharged on completion of their Auxiliary Air Force engagement, following which they will be called up for service in the Royal Air Force Volunteer Reserve. While, under these arrangements, the airmen concerned will have no right of appeal to a hardship tribunal, it will be open to any one of them who feels he has strong compassionate or other grounds for leaving the Service to apply through the appropriate channels for his discharge. Any such application will be given most careful consideration according to the circumstances of the case and the needs of the war.

Sir J. Mellor

As these men are being called up under the National Service Acts, why should they not be allowed their rights under those Acts?

Sir A. Sinclair

The answer is that they have never in fact lost their military status. They remain in the Royal Air Force, and they are called up the moment their period of service under their original arrangement expires.

Sir J. Mellor

Will my right hon. Friend take the opinion of the Law Officers of the Crown as to the legality of this proceeding and let me know the result?

Sir A. Sinclair

I will not undertake to do that, but as my hon. Friend has been good enough to draw my attention to this point, I will look specially into it.

Mr. Mathers

Surely if these men are called up by the Ministry of Labour and National Service, they are entitled to all the privileges that that Ministry allows those who are called up for national service?

Sir A. Sinclair

They were already obliged to render general service, and the only right of which they are now being deprived is the right to continue to serve in a particular squadron. There is no change in their status.

Wing-Commander Hulbert

Is it not a fact that only one per cent. have refused to sign the certificate?

Sir A. Sinclair

It is slightly more than that, but the immense majority have signified their willingness to accept these obligations.