HC Deb 22 May 1973 vol 857 cc198-9
10. Mr. Concannon

asked the Minister of State for Defence, in the light of recent decisions of the House of Commons, if he will now seek to amend the Armed Forces Act 1971 in relation to those parts that carry the death penalty and substitute life imprisonment.

Mr. Ian Gilmour

No, Sir. The decisions to which I assume the hon. Gentleman is referring have no bearing on the Armed Forces Act 1971.

Mr. Concannon

In view of the anomalous situation in which our troops, especially our troops in Northern Ireland, find themselves in relation to the rest of the population, would it not be as well for the hon. Gentleman to ask the Leader of the House to see that this matter is put fairly and squarely before the House, so that the arguments for and against may be canvassed on a free vote and so that we may come to a decision on this issue? I am sure everybody would agree that such a sentence would never be allowed to be carried out again.

Mr. Gilmour

As my right hon. Friend the Leader of the House told the hon. Gentleman a few days ago, this matter could have been discussed during the last defence debate. I cannot accept that there is an anomaly or that the situation has to be changed. As the hon. Gentleman is aware, no member of the Armed Forces if convicted of a civil offence can be treated any more harshly than the civil penalty allows. Therefore, no soldier convicted of murder could be sentenced to death. The only offences for which the death penalty still exists do not have any parallel in civilian life.

Mr. Tebbit

I congratulate my hon. Friend on that answer.