HC Deb 11 February 1944 vol 396 cc2114-24

Motion made, and Question proposed, "That this House do now adjourn."—[Major Sir James Edmondson.]

Mr. Driberg (Maldon)

Pleasant though it was to learn that the matter I propose to raise was to be dealt with by the hon., gallant and learned Gentleman who is to deal with it on behalf of the War Office, I felt that in a way it was a matter which would have been more congenial to the Secretary of State himself. However, I have no doubt that the hon., gallant and learned Gentleman will, with his usual competence and grace, put up as good a case as the War Office has been able to provide. As a matter of fact, I think that the War Office's share in this matter may turn out to be only secondary and, as it were, intermediate—as accessories after the fact rather than as the prime instigators of the irregularity to which I wish to draw the attention of the House.

Mr. Buchanan (Glasgow, Gorbals)

On a point of Order. Is not the Financial Secretary to the War Office to be here?

The Joint Parliamentary Secretary to the Treasury (Mr. James Stuart)

I am sorry he is not here at the moment; I think he ought to be here in a minute or two.

Mr. Driberg

That was why I was playing for time and, so to speak, vamping till ready, so as not to start on my more solid arguments until the hon., gallant and learned Gentleman arrived.

I am referring to the rather curious series of incidents and coincidences which preceded the present by-election contest in West Derbyshire and, in particular, to the circumstances in which leave was granted to Lord Hartington whom, until to-day, I should have felt bound to describe as the Conservative candidate, but whom, since the Prime Minister's letter to West Derbyshire, one should now perhaps describe as the progressive candidate—a role which I think the young man may find a little taxing. Indeed, parenthetically, the participation of the Cavendish family in the forward march of the common people, which was described so glowingly by the Prime Minister, reminds rue irresistibly of the participation of Mussolini in the march on Rome—in the sleeping car of a train de luxe, at the rear. I hope the hon. and learned Gentleman will not bring the same accusation against me, when he replies, that the Leader of the House brought against the hon. Member for Barnstaple (Sir R. Acland) when he opposed the West Derbyshire Writ. The Leader of the House remarked that the hon. Baronet was fighting the by-election on the Floor of the House. I really do not think that argument a valid one. For one thing, apart from the fact that any Member of this House is entitled to raise on the Adjournment, anything which you, Mr. Speaker, see fit to allow him to raise—and especially, perhaps, matters arising out of unsatisfactory answers to Questions accepted by the Clerks at the Table—I think the electors of West Derbyshire are entitled to as full and authoritative an explanation as they can be given of certain matters which have been mystifying them in connection with one of the candidates now seeking their suffrages.

It being the hour appointed for the interruption of Business, the Motion for the Adjournment of the House lapsed, without Question put.

Motion made, and Question proposed, "That this House do now adjourn."—[Mr. James Stuart.]

Mr. Driberg

On Tuesday last I asked the Secretary of State for War on what grounds the Marquess of Hartington was recently granted special leave to attend an emergency meeting of the council of the West Derbyshire Unionist League, before the resignation of the former hon. and gallant Member for West Derbyshire had been announced to the council or to the public. The Secretary of State replied: An officer's leave is a matter between himself and his commanding officer so long as the regulations governing leave generally are observed. I took the trouble to look up such of those Regulations as I thought applied, and I found in K.R. 1546 that— An application for leave of a special nature will be submitted one month before such leave is required. I cannot think that that was done in this case, because presumably it would be a little unfair on the electors of West Derbyshire, including the members of the Conservative organisation, if for a whole month it had been known privately to a few people that an election was likely to be pending, but this fact was kept from them. The Secretary of State went on to say: As no application for an exception to the regulations has been made to the War Office I can only assume that the leave was normal and not special. —on which there were cries of "Oh" from a certain number of hon. Members on these benches. When the Secretary of State said he could only assume this, I wished he could have told us a little more definitely that he had made a few inquiries to establish what the actual facts were when the Question was put down on the Order Paper. It may be that the hon. and learned Gentleman will by now have made such inquiries and will be able to tell us whether the Secretary of State's assumption was correct. I asked a supplementary question: Are we to take it, then, that any serving soldier who happens to hear privately that a by-election may be pending near his home can obtain leave to go home and try to persuade a group of people to nominate him as a candidate? To which the right hon. Gentleman made the rather encouraging reply: I should certainly take very great care, and the military authorities will take great care, before refusing an application for an officer to appear before a selection committee."—[OFFICIAL, REPORT, 8th February, 1944; col. 1610, Vol. 396.] When he said "officer," I assume that that was just a slip and that he should have included other ranks. I hope the hon. and learned Gentleman will be able to assure us that he meant all soldiers.

The Financial Secretary to the War Office (Mr. Arthur Henderson) indicated assent.

Mr. Driberg

I am glad to have the hon. and learned Gentleman's assent, because that strengthens my point very much and seems to me to imply that, as we now have the Secretary of State's authorisation for this really rather remarkable democratic advance, not only could the situation I have described in my supplementary arise, but also, supposing that a group of independent electors in West Derbyshire or anywhere else decided to nominate as a candidate someone known to them who was at present serving in the Middle East and was not necessarily detained there by operational requirements—he might be a clerk in the Pay Corps or something non-combatant—obviously, under this ruling, strenuous efforts will be made by the War Office to get him home to fight that election; no doubt he will be flown home, as the hon. and gallant Member for Salisbury (Major Morrison) was flown home to contest his by-election. I thought that it was, on the whole, a very satisfactory supplementary answer from the Secretary of State and a most valuable assurance. There was another supplementary of minor interest which has some bearing on the matter. The hon. and gallant Member for Handsworth (Commander Locker-Lampson) asked whether a candidate for Parliament had the same rights as a Member of Parliament, and the Secretary of State replied, "Not quite." Therefore, the question of opting in or out of the Service would not arise in the case of a candidate.

That brings me to one of the two main technicalities which seem to me a little difficult in the case of this young officer. I have an open mind about this and am not suggesting that he behaved wrongly, but I wish the hon. and learned Gentleman would clear up the matter of this officer's resignation of his Regular commission which, it has been reported, was dated 24th January. That date is also the date on which he attended the Unionist meeting in West Derbyshire at which he was selected as Conservative candidate. I have been looking up King's Regulations again to find the various grounds for transfer to the Reserve which are acceptable to the War Office. I had some difficulty in tracking this down. I decided that it could not be "compassionate." I do not think, although this was a little more attractive, that it could be "having been claimed as an apprentice." I decided eventually that it must have been because under King's Regulation 541 (b) no officer or soldier may … in any manner publicly announce himself or allow himself to be announced as a candidate or prospective candidate for any constituency …until he has retired, resigned or bee discharged. I also found that there were three stages in the process of transferring to the Reserve: it is rather an elaborate process. This is how King's Regulations defines them: first, to authorise; second, to carry out, which includes fixing the date; and, third, to confirm. If it is the case, as is reported, that this young officer's application for transfer to the Reserve was dated 24th January, the usual channels seem in this case to have moved with remarkable and commendable celerity—much more speedily than they were able to move in the case of a young man named Home who wanted to contest a by-election as an Independent some months ago, and was not able to do so owing to letters unfortunately going astray and difficulties of that kind. I should be grateful if the hon. and learned Member would clear that point up.

It is when we come to examine the strange and rather shady doings at Bake-well in West Derbyshire on 24th January that this case really gets interesting. I am not for a moment blaming the young gentleman concerned. He knows nothing of politics, and obviously in this matter he has been in the hands of more experienced manipulators of public affairs than himself. According to the report in the local Conservative newspaper, the "High Peak News," which was quoted by the "Manchester Guardian," the first announcement of the impending vacancy was made by the Duke of Devonshire on 24th January when presiding at an emergency meeting of the council of the West Derbyshire Unionist League. The Duke "pointed out to the meeting that it was their duty to select a candidate and he asked for suggestions." In the body of the hall were seated, presumably, one or two fervent admirers of the Duke and his family, because one questioner daringly asked, "whether the Marquess of Hartington was in a position to stand." The chairman "replied in the affirmative, but he emphasised that he had no wish to cause them to feel under any sense of obligation to support Lord Hartington in preference to another candidate." The question arose whether the meeting should not be adjourned to give those members of the council who were not able to be present time to consider the matter and make other recommendations, but, after discussion, "it was decided that the time was too short."

That rather pulled me up, because I could not understand what was meant. This was two days before the Writ was moved in the House here, by the Duke's brother-in-law. I mention that not in any way as reflecting on the Chief Whip or suggesting for a moment that he would be influenced by family considerations, because it must indeed have been rather embarrassing to him—

Viscount Hinchingbrooke (Dorset, South)

On a point of Order. I presume that the hon. Gentleman is going to indicate what public service he is performing by this speech.

Mr. Driberg

I am hoping to extract from the Minister some enlightenment for the electors of West Derbyshire, as well as for hon. Members of this House who are interested in this subject, which I think will be quite a useful public service. I was saying, when the Noble Lord interrupted me, that I did not suggest that it could have been otherwise than slightly embarrassing to the Chief Whip to move a Writ in the circumstances, and I mentioned the fact that he is the Duke's brother-in-law merely as a sociological curiosity. The "High Peak News" goes on to say, "The chairman stated that as he had felt that possibly questions would be raised as to whether Lord Hartington would be the candidate"—second sight—"he had been able to arrange for him to obtain leave and he was near at hand." Then the curtains parted, or something of that kind, and the young candidate-to-be walked in. Those words "he had been able to arrange for him to obtain leave" are the crux of the matter to which I want the hon., gallant and learned Gentleman to devote a few minutes of his time. I think the Noble Lord will agree that that is a matter of some public interest. It seems to me that, since the Secretary of State has said that no application for an exception to the Regulations was made to the War Office, either someone in the War Office, or in the young Marquess's unit, must have connived at some irregularity, or else—and this is a regrettable thing to have to say—the Duke must have used his great position as a Minister of the Crown to obtain special privileges for the son whom he is trying to jockey into this House. I use those rather strong words of a Member of the Government and a Member of another place, but I realise that the Duke's conscience is absolutely and perfectly clear on this matter. He is not conscious of having done anything at all improper or unusual, because, to people in his position—

Mr. Speaker

I would remind the hon. Member that he may not criticise a Member of another place, except in relation to his office which he holds.

Mr. Driberg

With great respect, Mr. Speaker—and, of course, I bow to your Ruling—I was not criticising, but trying to defend the Duke.

Mr. Speaker

I did not take it that way myself. The words might possibly be taken both ways.

Mr. Driberg

I wish to leave the Minister time to reply, and I will conclude by reading a little jingle or rhyme which I think illustrates rather well the extraordinary remoteness from common life of some people whom we must not name. How nice to rise above the crowd"—

Viscount Hinchingbrooke

On a point of Order. Is the hon. Member justified, after being in the constituency for two or three days, without taking part in the election, to come to the House and take part in it?

Mr. Speaker

That is not a point of Order. An hon. Member can visit a constituency.

Mr. Driberg

I will read this rhyme and sit down: How nice to rise above the crowd That talks in accents vile and loud; To wear your coronet to bed Or pawn it, if you like, instead; To blow your nose in handkerchieves Which bear embroidered strawberry-leaves; To fear nor question nor rebuke— How nice to be a noble duke. I think that the people who are supporting the Cavendish interests in this by-election are perhaps in the position of Galileo's opponents, who insisted that everything revolved round them and that the earth did not move. In the words attributed to Galileo, I think that "Eppur si muove." It still does move; things are moving—but not in your direction, your Grace.

The Financial Secretary to the War Office (Mr. Arthur Henderson)

I understand that my hon. Friend began his speech by saying that he hoped he would not be accused of fighting the by-election on the Floor of the House. I can assure him and the House that I have not the slightest intention of intervening in any way, direct or indirect, in that particular by-election. I am not interested in Lord Hartington, in his political capacity. My function to-day is to deal with him in his military capacity as an Army officer, and to set before the House the facts of the case in so far as the War Office is concerned. My hon. Friend has referred to King's Regulation 541B, which I hope I may be permitted to repeat, because it is very important in connection with the question of this resignation. It states that: No officer or soldier may issue an address to electors or in any other way or in any other manner publicly announce himself or allow himself to be publicly announced as a candidate or prospective candidate for any constituency for election to the Parliaments of the United Kingdom until he has retired, resigned or been discharged. That was the position up to 11th April, 1940, when, by a War Office letter, which will be familiar to some hon. Members, the application of this paragraph was specially defined in relation to wartime conditions so as to permit non-Regular officers and soldiers not serving on Regular engagements to be publicly announced as candidates or prospective candidates, provided that the permission of the Army Council is obtained. I may say that the object of requiring the permission of the Army Council is to ensure that the correct formalities may be observed, and in fact that permission is automatically given and has to be given before the public announcement is made. It is obvious, therefore, that Lord Hartington took the only course open to him if he desired to become a Parliamentary candidate, by resigning his Regular commission, because Regular officers were not included within the purview of the Army Council's letter. Accordingly, Lord Hartington, in a written application to the War Office, dated 18th January—not 24th January—applied for transfer to the Regular Army Reserve of Officers, stating that he was exceedingly anxious to continue doing duty with his regiment until the end of the war. He also stated that if it was not practicable to grant him a commission in the Regular Army Reserve of Officers he would apply for a war emergency commission, which is the commission held by the majority of officers to-day. It is fair to say that he also undertook, in the event of his being elected not to apply for release from the Army or for any extended period of leave until the end of the war. [Interruption.] I am merely giving the facts; I am not expressing any opinion on them.

In reply, he was informed by the War Office, in a letter dated 24th January, that he was permitted to resign his Regular commission, with effect from 21st January, 1944, and to be appointed to the Regular Army Reserve of Officers. My hon. Friend asks, what authority justifies that action? I am advised that, under the terms of the Army Act, the Army Council have complete discretion to alter the terms of the engagement of any officer serving in the British Army. He was also informed that he would be relegated to unemployment from 25th January for the period of the election, and he was granted permission to be publicly announced as a candidate for Parliament. I come to the question of leave.

Mr. A. Bevan (Ebbw Vale)

Before he was a candidate?

Mr. Henderson

Yes. I am informed that Lord Hartington applied on 15th January to his battalion commander—he was serving with the 5th Battalion Coldstream Guards—for leave to visit London, to place before the lieutenant-colonel commanding the Guards his written application to the War Office to resign his Regular commission, in order that he might be adopted as a candidate for Parliament. I should explain to hon. Members that the Guards have a peculiar organisation: a colonel commands a regiment, in which there are a number of battalions. He was granted this leave, from 15th January until 24th January, the date on which he appeared before the council of the West Derbyshire Unionist League. No application for leave to be granted to Lord Hartington was, in fact, made by the Duke of Devonshire. The application was made by Lord Hartington himself. As I have said, it was for leave to enable him to come to London to arrange for the resignation of his Regular commission and for his appointment to the Regular Army Reserve of Officers, and to appear before the council of this local political organisa- tion, with a view to being considered as their prospective candidate. The commanding officer granted this leave, as he has full power to do. I would like to say to my hon. Friend that the quotation from the Regulations about a month's notice applies only to peace-time, not to wartime.

Mr. Driberg

It was printed in 1940.

Mr. Henderson

That has been amended. Leave Manual 37 (iv), amended by Amendment 1, does give commanding officers full power to grant leave up to 28 days, and it is a power that has been exercised in many cases affecting hon. Members of this House. The officer has this power without reference to higher authority. I am informed that the commanding officer took the view that he considered that no obstacle should be put in the way of an officer who wished to be adopted as a candidate for Parliament. It will thus be seen that Lord Hartington appeared before the council of the local association during leave, which it was quite in order for his commanding officer to grant. The meeting of the association was not a public political meeting, but was, in fact, a meeting convened to select a prospective candidate. It was, therefore, proper, so far as Army Regulations are concerned, for Lord Hartington to appear before it. Lord Hartington himself complied with the regulations by resigning his regular commission and obtaining the Army Council's permission before being publicly announced as a prospective candidate for Parliament. Lord Hartington has been treated in exactly the same way as any other regular officer would be who applied to be allowed to become a candidate for a Parliamentary election.

My hon. Friend asked me a question with regard to other ranks. The position of other ranks serving on regular engage- ments is similar to that of officers. They are debarred from being publicly announced as prospective candidates while serving in the same way on regular engagement. I am informed that there is no obstacle to a soldier serving on a regular engagement applying to be announced as a candidate for election. If such an application were made, he could be relegated to Class W. of the Army Reserve, would come under the letter I have quoted to the House, and would be in exactly the same position as a non-regular officer, having exactly the same right to become a Parliamentary candidate. He would be required, of course, to continue as a member of the reserve, whether subsequently called for service during the war or not.

In regard to the remarks in the answer to a supplementary question, I can assure the hon. Member that my right hon. Friend did not seek to exclude other ranks from the phrase he used in reply to the supplementary question, and that the same consideration would be given to other ranks as to officers. Finally, I desire to make it quite clear that this officer has not been given preferential treatment. On the contrary, he has been given only equality of treatment with those non-regular officers, who, as the House well knows, have become Parliamentary candidates while serving and who to-day are Members of this House.

Mr. Driberg

While thanking the hon. and learned Gentleman very much for his most interesting reply, can we take it that, so far as he knows, the Duke was speaking loosely or inaccurately when he said he had been able to arrange the leave?

Mr. A. Henderson

I have no intention of expressing any views on what appeared in the Press.

Question, "That this House do now adjourn," put, and agreed to.