HC Deb 21 November 1956 vol 560 cc1748-9
43. Mr. Brockway

asked the Minister of Defence what opportunities are provided for reservists or men in the Forces to claim conscientious objection to continued service in the Forces.

Mr. Head

As the answer to this Question is complicated and long, I will, with permission, circulate it in the OFFICIAL REPORT.

Mr. Brockway

While thanking the right hon. Gentleman, may I ask whether it is not the case that the appellate tribunal which acts in these instances has given decisions that conscientious objection need not necessarily be pacifist applying to all wars, but can be to a particular war if a sense of right and wrong is present? [HON. MEMBERS: "They will not understand that."] That is a decision of the appellate tribunal and not mine. If that is the case, is it not desirable that this should be drawn to the attention of reservists so that they may not have to absent themselves and act in other ways which are troublesome to the War Office?

Mr. Head

I should like notice of the first question which the hon. Gentleman raises, because this is a difficult matter which wants very careful handling, but I am at one with him in this, that I think it is important that all men who have such beliefs should be very well aware of the situation and the facts relating to appeals to the tribunals.

Mr. E. Johnson

Will my right hon. Friend be particularly careful in examining the claims of those whose consciences do not trouble them in this way until after a period of service in the Forces?

Following is the Answer: A National Service man who before being called up has failed to satisfy a tribunal that he has sincere conscientious objections to service in the Armed Forces has a right to appear before a tribunal if he is sentenced to not less than three months' imprisonment or detention for an offence committed on grounds of conscience. In practice this right is extended, at the discretion of the Service Departments, to other Service men who develop conscientious objections to continuing their full-time or Reserve service. National Service men who had completed their normal period of service in the Reserve but who had their liability to recall extended by the 1954 Act, and also former Class Z and Class G reservists, are entitled to appear before a tribunal immediately on recall without having first served a sentence. Apprentices and boys who develop conscientious objections on reaching the age of 18 are entitled to apply for discharge on these grounds.