VOLUNTEERS BILL. (Hansard, 24 May 1897)

*THE SECRETARY, OF STATE FOR WAR (The Marquess of LANSDOWNE)
, in moving the Second Reading of this Bill, said that the Bill had been prepared for the purpose of removing a doubt which had arisen with regard to the effect of Rules issued under the Volunteer Act of 1863. The particular case which the. Government had in view was that of a 1115 Volunteer who, on joining his corps, undertook to make himself efficient within a particular period of time. On undertaking that engagement, he received a uniform free of expense from his corps, the corps expecting to be recouped from the capitation which the man would earn. It might happen that after having been equipped in this way the man might decline to fulfil his engagement and make himself efficient. Thereupon the corps lost the amount of capitation grant which the Volunteer would earn, and the funds of the corps were consequently mulcted, unless the sum could be recovered from the defaulting Volunteer by means of a fine. It was always believed that these fines could be recovered under the Summary Jurisdiction Act, but a recent decision of the Courts had thrown a doubt on that, and the Government desired to remove it. The matter was of some importance, because if these fines were only civil debts, and could only be recovered in the same way as civil debts, the colonel of the corps was deprived of the only efficient weapon which he possessed for securing that the men under his command should duly make themselves efficient. The Measure was, he believed, desired by the Volunteers themselves, and it had passed with but little or no comment through the other House of Parliament.

LORD MONKSWELL
said he did not object to the principle of the Bill, which was probably a necessary and useful Measure. But he desired to call attention to the very mysterious drafting of Clause 2, which said: "If before the expiration of the term of such imprisonment." There was not a single word about imprisonment in the first clause. He had referred to the sections of the Act given in the margin, the meaning of which this Bill declared; and he could find nothing about "imprisonment" in either of the sections. No doubt there was a reference to the power of imprisonment in one of the sections in another part of the Act; and he imagined that reference was being made to the expiration of the term of any imprisonment for non-payment of the fine under the Act of 1863. He should be glad to know whether this was so.

§ *THE MARQUESS OF LANSDOWNE
said that the criticism of the noble Lord was a just one. The second clause formed 1116 no part of the Bill when it was introduced. [Laughter.] It was accepted in the other House on the Motion of a private Member, but it was evident that the wording of the clause as it now stood would require alteration. He would have the matter put right before the next stage of the Bill was taken.