THE MILITIA BALLOT BILL [H.L.] (Hansard, 13 March 1903)

§ *THE EARL OF WEMYSS
My Lords, I beg to ask His Majesty's Government whether, inasmuch as their attention is being directed to home defence and military organisation, they intend to re-introduce the Bill presented four years ago by Lord Lansdowne, the then Secretary for War, to amend the existing obsolete Militia Ballot Act, and bring it up to date. In 1898 and 1899 there was considerable discussion upon the question of the existing military system
Earl Spencer.
724 which rests, as your Lordships know, upon the inalienable right of the Crown to call upon British subjects for home defence compulsorily, the ballot being an alleviation of that right of compulsory service. The noble Marquess when Secretary of State for War said, in referring to the existing law, that this was a power with which he would very unwillingly part, but that the law was in a very unsatisfactory state. He was then asked if he would bring in a Bill on the subject, and declined; but in the following year he laid on the Table the Bill to which I now refer. Seeing that His Majesty's Government are taking the question of our home defence and military organisation in hand, and that our whole military system rests upon the law which my noble friend has amended and brought up to date, I beg to ask the Question standing in my name.

§ THE UNDER-SECRETARY OF STATE FOR WAR (The Earl of HARDWICKE)
My Lords, whatever the criticism levelled against the Army administration of this country may be, and however inconsistent we may sometimes consider it, I do not think any Member of your Lordships' House can accuse the noble Earl on the Cross Benches of being inconsistent in the views he holds with regard to our military requirements. I would like, also, to show the House that His Majesty's Government have not been inconsistent in regard to the introduction of the Bill to which the noble Earl refers. The Question, as it stands on the Paper, might lead your Lordships to believe that His Majesty's Government had intended to legislate on this subject and had then drawn back.

§ *THE EARL OF WEMYSS
I never said more than that they introduced the Bill.

§ THE EARL OF HARDWICKE
I accept that, but I merely suggest that it is possible that some noble Lords and the public may be led to think that we have been inconsistent. I would, therefore, like to read a few of the remarks that were made by the noble Marquess on the occasion of the pledge he gave to the noble Earl to introduce legislation. Lord Lansdowne said— I am ready to say that we shall, dining the coming autumn, have that machinery'— 725 He was referring to the existing Militia Act— carefully examined and revised. It will be so much at any rate gained if we have at the War Office, ready to hand, a carefully and thoroughly worked out scheme for giving effect to the ballot should it become indispensable. But I wish to guard myself against being supposed to undertake that we shall endeavour to pass into law a Bill for the introduction of the ballot; that is a pledge I am certainly not prepared to give. In the Speech from the Throne in the following year there was no mention of a Militia Bill, hut in the course of the summer the noble Marquess did introduce a measure on the subject, and, in doing so, he made the following remarks— I promised the noble Earl, whom I see on the Cross Benches, that we would, during the Recess, examine and revise the machinery of the Ballot Acts, with the object of having ready to our hand the means of putting the ballot into operation, should we ever be driven to resort to it. I guarded myself at the same time from undertaking that we should this year or at any particular moment endeavour to pass into law a Bill for the introduction of the ballot. Since this pledge was given Ave have examined the existing law, as well as the Bill submitted to the House last year by the noble Lord, which was in fact a reproduction of the clauses and schedules which had been included in the original draft of Lord Card-well's Army Bill of 1871, but were dropped in the House of Commons. I am now prepared to lay before the House a Bill dealing with the subject, not, as I have explained, with any idea that such a Bill can be passed into law immediately or in the near future, but because I concur with the noble Earl in thinking that it is desirable that we should realise how we stand in regard to compulsion, and what sort of case can be made out for resorting to it, and if it were to be resorted to, in what shape it could be most conveniently applied, and with what probable results. I have merely read these remarks of the noble Marquess in order to show your Lordships for what purpose this Bill was introduced. If, at any future time, it is considered necessary to introduce legislation on the subject, the War Office has all the machinery at hand.

§ *THE EARL OF WEMYSS
The machinery does not exist.

§ THE EARL OF HARDWICKE
Well, we have the material for making the machinery. I would point out to the noble Earl that if legislation on this subject were introduced we would naturally require a very large number of officers. His Majesty's Government have recently 726 agreed to appoint a Royal Commission to inquire into the pay, terms of service, and efficiency of the Militia and Volunteer forces, and to report as to what modification of the existing conditions is necessary. I have no doubt that the Commission would gratefully avail themselves of the noble Earl's experience and knowledge if he offers to give evidence; and if the Commission recommend that a Bill of the nature the noble Earl desires to see passed into law is necessary, I have no doubt that the matter will receive careful consideration; but legislation is not considered necessary at present.

EARL CARRLNGTON
How many officers are short in the Militia at present?

§ THE EARL OF HARDWICKE
A considerable number.

§ THE EARL OF WEMYSS
The state of things is just this—that the present Militia Act is absolutely obsolete, and of no use at all. The materials are there, but this Bill is necessary to put those materials together and make the machinery workable. I do not ask the Government when they have got that machinery in order to apply it; but it seems to me to be absurd and ridiculous to keep an obsolete Act upon the Statute Book, to suspend it annually, and to refuse to proceed with a Bill presented by the Secretary of State for bringing that Act up-to-date. I therefore propose to bring in the Bill myself. The only change I have made is to substitute my name on the back of it for that of the noble Marquess, and after Easter I shall certainly take a division upon it, whether it be read a second time or not.