HL Deb 24 April 1928 vol 70 cc793-4

Order of the Day for the Second Reading read.

THE UNDER-SECRETARY OF STATE FOR WAR (THE EARL OF ONSLOW)

My Lords, in moving the Second Reading of the Army and Air Force (Annual) Bill this year, I do not think I need take up much of your Lordships' time, but there is one important matter to which I think it necessary to draw attention and that is the alterations which Clause 4 makes in the existing law. Those alterations in the existing law relate to the death penalty. Your Lordships will recollect that in 1925 there were certain amendments introduced into the Army and Air Force (Annual) Bill by which the death penalty was abolished for all military offences in peace except the offence of mutiny. No great change was made then in the law governing the infliction of the death penalty in time of war and on active service. After very careful consideration the Army Council have decided that it cannot be held essential for the maintenance of discipline and morale that the death penalty should be retained for any military offences except mutiny in peace and, of course, mutiny in war, and for treachery, cowardice, desertion, leaving a post or guard on active service, or in case of a sentinel, leaving a post without being regularly relieved. These will be the only offences for which the death penalty may be inflicted on active service. The Memorandum, I think, enumerates the amendments to Clause 4 very clearly. These amendments have been recommended by the military members of the Army Council, fully concurred in by the civil members and accepted by my right hon. friend, the Secretary of State for War. The other amendments are so clearly explained in the Memorandum that I need not trouble your Lordships with observations on them unless any noble Lord wishes to ask any questions in regard to them.

Moved, That the Bill be now read 2a.—(The Earl of Onslow.)

VISCOUNT HALDANE

My Lords, as an ex-War Minister it has been my duty in your Lordships' House to go through this Bill and scan its provisions. I have done so and I think its provisions are all satisfactory. The Bill is an essential Bill because, as some at least of your Lordships know, if it does not pass we shall have no Army after April 30. That is a very important consideration. The Army would be an illegal organisation. Therefore I do not rise to delay your Lordships with a long speech or to move any Amendments. As regards the death penalty, that has been under consideration for a long time and I think the changes make very little difference. In time of peace there is almost no military offence involving death and in time of war the question does not arise in any form in which this Bill will make much difference. I think it is right to diminish the death penalty in the Army as much as possible, but you have also to remember that the Army is a place of death and that the standards set up regarding capital offences are vital to the organisation of the Army. I pass by that. The other amendments, as the noble Earl has said, are matters of importance but of quite minor importance, matters of detail, and speaking of the Bill as a whole I think it is one we ought to pass.

THE EARL OF ONSLOW

I ought to have added, and perhaps your Lordships will allow me to say now, that, as the noble and learned Viscount has said, it is necessary to pass this Bill before April 30. Therefore it is proposed to take the Committee stage to-morrow and the Third Reading on Thursday.

On Question, Bill read 2a, and committed to a Committee of the Whole House.