SECOND READING. (Hansard, 22 June 1863)

EARL DE GREY AND RIPON
rose to move the second reading of this Bill, and said, that the Report of the Royal Commissioners appointed to inquire into the state and condition of the Volunteer Force, rendered necessary by some of its recommendations certain changes of the law; and when the preparation of the Bill came under the consideration of his right hon. Friend the late Sir George Lewis, it appeared to him to be desirable to consolidate and bring into one statute the existing law which regulated the Volunteer Force. The principal provisions of the Bill were, therefore, merely a re-enactment of the existing law. The principle was observed of making no material change, but retaining the same arrangements under which a force of 160,000 men had been enrolled; because it was felt that it would be very inexpedient to make any important change in the conditions of their service. In the first place, in accordance with the recommendations of the Commissioners, the Bill altered the terms upon which the Volunteer was to become "efficient" as it was called in this Bill, or "effective" as it was called in the old Act. Under the old Act the simple condition was, that the Volunteer should have attended drill a certain number of times. The Royal Commissioners recommended, that as a grant was to be made by Parliament in aid of the funds of the Volunteers, a higher degree of efficiency 1245 should be required, and a greater security for efficiency obtained than was involved in mere attendances at drill. But as those requirements would enter into minute details, it was thought better to take power to define those details by Orders in Council, instead of embodying them in the clauses of the Bill itself. It was, however, provided that the proposed Orders in Council should be made known in sufficient time previous to their coming into operation to enable either House of Parliament to express an opinion on them. Another clause to which he would direct their Lordships' attention was that which recognised the system of administrative battalions or regiments formed of two or more different corps. It was also proposed to clear up the doubts which existed under the present law as to the complete applicability of the Mutiny Act to the adjutants and sergeants who formed the permanent staff of Volunteer corps, and one of the clauses in the Bill declared them subject to the provisions of the Mutiny Act, and provided machinery for enforcing its provisions. Power was also taken in the Bill to enable Volunteers to acquire land for rifle ranges wherever it was necessary. These were the principal new provisions of the Bill. Some objections had been taken to provisions in the Bill which were simple re-enactments of the existing law; but, on the whole, the Government had thought it wiser not to alter the conditions on which the Volunteers had originally taken service; but he should he happy, when the Bill was in Committee, to consider any alterations that might he proposed. He was happy to say that the latest Reports received at the War Office with regard to the condition of this force were most satisfactory. A slight diminution in numbers had taken place at the end of last year, the causes of which were inquired into, and pointed out in the Report of the Royal Commissioners; but it was to be hoped that the measures which had been adopted on the recommendation of the Commissioners would check that diminution, and that the provisions of this Bill would place the force on a sound basis, and maintain it in a high state of efficiency, not as the substitute but the supplement of the regular army.

§ THE DUKE OF RICHMOND
said, that he did not rise to oppose the Motion for the second reading of the Bill. But he cauld not help observing that the 35th 1246 clause gave most arbitrary powers for the acquisition of rifle ranges. By that clause ground for ranges could be taken on the certificate of the Lord Lieutenant of the county, "that it is fit and proper that the and should he taken compulsorily for the purpose." It was manifest that private individuals might by that means he exposed to considerable inconvenience. It was true that parks, gardens, and ornamental grounds were exempted from the operation of the clause. But it was not clearly set forth what was to be considered a park or ornamental ground. He trusted that the clause would be so framed in Committee that no doubt could exist upon that point.

§ VISCOUNT HARDINGE
expressed his approval of the clause by which the number of days for drill was to be fixed by an Order in Council, and not by the Act itself; and also of the clause giving the commanding officer a power of dismissal. He believed that without such a power the discipline of the force could not be maintained. It had been suggested that courts of inquiry should be substituted in that case for the judgment of the commanding officer. But it should be remembered that the courts of inquiry were not judicial tribunals, and that witnesses could not be sworn on oath by them. Besides, it would, he thought, be very injudicious to give to Volunteer officers, who were not, generally speaking, acquainted with military law, the power of settling such questions by courts of inquiry.

VISCOUNT MELVILLE
also strongly objected to the very arbitrary powers given by the 35th olause, for taking land for rifle ranges against the will of the owners.

§ LORD TRURO
said, that although there were a few provisions in the Bill which he wished to see amended, he believed that it would, on the whole, give considerable satisfaction to the Volunteers. He doubted the policy of placing sergeant instructors under the Mutiny Act, and he was afraid that under such an arrangement the Volunteers would lose the services of many valuable men. He confessed that he approved of the provision continuing to the commanding officers the power of dismissal which they had hitherto possessed. Up to the present time, there did not appear to have been any abuse of that power on the part of commanding officers; and he saw no reason to apprehend that they would henceforward transgress the limits of discretion and moderation, acting as they did under the control of public opinion, and a judg- 1247 ment which hitherto appeared to have been carefully exercised.