HC Deb 23 February 1949 vol 461 cc1868-72
The Minister of Defence (Mr. A. V. Alexander)

As the House knows, certain important interim recommendations of Mr. Justice Lewis's Committee have already been adopted, in particular the proposals for changes in the status and functions of the Judge Advocate General. The Judge Advocate General is now appointed on the advice of, and is responsible to, the Lord Chancellor though he continues to advise the Secretaries of State for War and Air. His former functions of preparing cases and conducting prosecutions at courts martial are now carried out by fully independent directorates of legal Services in the War Office and Air Ministry. Changes have also been made in the procedure for the announcement of findings at courts martial. In addition, certain of the final recommendations designed to reduce delays in trial by courts martial are in process of being implemented by administrative action.

Certain of the new features proposed by the Lewis Committee already form part of the naval courts martial system. In regard to others, the Admiralty are taking administrative action on similar lines to the War Office and Air Ministry. In particular, the Judge Advocate of the Fleet will in future be appointed by, and will be responsible to, the Lord Chancellor instead of the First Lord.

Among the major recommendations of the Committee still outstanding are the creation of a courts martial appeal court, the reconstitution of courts martial with civilian judge presidents, and unanimity of findings. The adoption of these three recommendations would entail a fundamental change in the basis of the administration of justice in the Fighting Services.

Owing to the wide differences between the circumstances of life and service in the Navy and in the other two Services, it was considered advisable to confine the remit of the Lewis Committee to the latter. It is, however, clear that the same principles should, so far as practicable, apply to the three Services. It has, therefore, been decided to set up a committee under Mr. Justice Pilcher, of similar composition to the Lewis Committee and of equal authority, to examine the naval courts martial system. It is hoped to receive the report of this committee without undue delay. A decision as to legislation on these major points will, therefore, be withheld until this report is available.

Mr. Swingler

Can the Minister of Defence say why these recommendations regarding the Army and the Air Force cannot be carried out until we get the report of another committee on the Navy? Surely, the Ministers of the Service Departments and the Government must either accept or reject the recommendations, which were unanimous, of this Committee, and it would be sensible to carry them out immediately without prejudice to what is to happen to the Navy.

Mr. Alexander

Regarding the Navy, as I have explained, there are very different circumstances to be inquired into. On the general question, which the Government has deliberately deferred for final decision until the report of the Pilcher Committee is complete, these very important major proposals affect the system of courts martial in all three Services. It will be in greater fairness to the Services and to the men themselves if we give proper consideration to them after we have received this further Committee's report.

Mr. Manningham-Buller

While agreeing that as far as practicable the same principles should apply to all three Services, in view of the very great delay which has already occurred since the report of the Lewis Committee was received by the Secretary of State for War, may I ask the Minister of Defence to reconsider his decision not to implement any of the major recommendations of the Lewis Committee still outstanding which were intended to apply solely to the Army and the Air Force until further considerable delay has occurred and until this further Committee, which has still to be set up, has reported?

Mr. Alexander

I could not go back on the announcement I have made in regard to the type of major question mentioned in my statement. It has been decided by the Government that a decision on these issues should be deferred until we have the report of the Pilcher Committee. But in the meantime, the Army and the Royal Air Force are proceeding to put into operation by administrative action many of the other recommendations of the Lewis Committee which had not previously been put into operation, and the Navy is also bringing a number of these things into effect by administrative action as well.

Mr. Blackburn

Will my right hon. Friend bear in mind the fact that this Committee worked very hard indeed for something like 18 months and considered an enormous mass of evidence, and at the end of that it seems a little hard that the Government should delay implementing the report of the Committee until someone has considered the matter of the Navy, which is quite irrelevant to the issues upon which the Committee presented its report?

Mr. Alexander

I cannot agree that it is irrelevant at all. As a matter of fact, there are a good many things and——

Mr. Blackburn

What has the Navy to do with the Army and the Air Force?

Mr. Alexander

I am saying, as I said in my statement, that it is desirable that as far as possible the same principle should apply to all three Services. These are very important issues on which the Government have decided to defer their decision until we have received the report of the Pilcher Committee.

Captain Crookshank

Can the right hon. Gentleman say what new circumstances have arisen, because the essential differences between naval, military and air procedure have always been known to everyone and were so when the Committee was originally set up? Why has there been this delay before that apparently obvious fact was made known to the right hon. Gentleman?

Mr. Alexander

The naval case was not examined at all by the Lewis Committee—[An HON. MEMBER: "Why not?"] It is in consideration of these major issues arising out of the Lewis Committee report in relation to the Royal Navy, that has made it necessary to have this further Committee set up.

Mr. Berry

Is not my right hon. Friend aware that the implementation of this report would considerably help recruiting by removing obstacles which stand in the way of recruiting at present?

Mr. Alexander

I should say that nearly all the irritant obstacles which have been standing in the way are now being put right by the implementation of other recommendations of the Lewis Committee.

Mr. Stanley

Would it not have been better to foresee at the time that these difficulties would arise and not to confine the recommendations of the Lewis Committee to two Services, which, we are told, cannot be implemented until the third Service is separately considered?

Hon. Members

Answer.

Mr. Swingler

Will my right hon. Friend consider this point? He has said that conditions in the Navy are rather different. Why is it that a reform generally agreed upon in two of the Services should be delayed because of a failure to have brought in the third Service in the initial inquiry? Would my right hon. Friend reconsider his decision in regard to one very important recom- mendation about the unanimity of findings? I think that is generally regarded as a highly important recommendation of the Lewis Committee's report. Will my right hon. Friend consider carrying this recommendation immediately into effect in the Army?

Mr. Alexander

I think the first part of that supplementary question has already been answered. In regard to the second part, it is not possible for me to go back on the statement I have made. We have been into the matter very carefully and the decision I have announced is the decision of the Government.

Mr. Eric Fletcher

Will my right hon. Friend give an assurance that the Pilcher Committee will be asked to report with all possible expedition?

Mr. Alexander

Yes, Sir.

Brigadier Head

Will the right hon. Gentleman inform the House of the recommendations of the Lewis Committee in regard to which it is suggested that naval procedure must be overlooked before they can be implemented?

Mr. Alexander

I have already referred to the major questions concerned in my statement to the House today; they are such questions as the creation of a courts martial Appeal Court, reconstitution of courts martial with civilian judge presidents and unanimity of findings.

Mr. Blackburn

Will my right hon. Friend explain why the implementation of the proposals in regard to the Army and the Air Force, which the Government obviously must accept in principle are to be delayed, merely because the Navy have not had a committee to report on them?

Mr. Alexander

It is not merely that. The Government, when they considered questions of very great importance to the future discipline of the Forces, came to a decision that they would prefer to wait for a statement on the Navy before they made up their minds on three important issues—[HON. MEMBERS: "Why?"] That is the decision of the Government, after due consideration.

Mr. Swingler

In view of the Minister's reply, I beg to give notice that I shall try to raise the matter on the Adjournment as soon as possible.