Lords Sitting of 18 April 1939

Preamble
The House met at a quarter past four of the clock, The LORD CHANCELLOR on the Woolsack.
NORTH METROPOLITAN ELECTRIC POWER SUPPLY BILL.
Read 2a, and committed.
MINISTRY OF HEALTH PROVI- SIONAL ORDER (COLCHESTER) BILL.
House in Committee (according to Order) on re-commitment of the Bill: Bill reported without amendment.
MINISTRY OF HEALTH PROVI- SIONAL ORDER (NEWBURY) BILL.
House in Committee (according to Order) on re-commitment of the Bill: Bill reported without amendment.

ARMY AND AIR FORCE (ANNUAL) BILL.
Order of the Day for the Second Reading read.
THE UNDER-SECRETARY OF STATE FOR WAR (THE EARL OF MUNSTER): My Lords, I beg to move that this Bill be now read a second time. I do not think it is really necessary for me to explain to your Lordships its principal and primary object, beyond reminding you that it must become law before the end of this month. It contains no matter of any controversial nature, but I shall endeavour to draw your Lordships' attention to the principal clauses of the Bill. The Army Act at present makes no provision for billeting vehicles, and the object of Clause 4 of the Bill is to enable vehicles to be billeted in any building or on any land when a state of emergency has been declared. In paragraph (b) of subsection (1) of Clause 4 it is provided that payment for billeting is not ordinarily required when vehicles are billeted in the open, but payment would become necessary in a private car park
650
which is only free to patrons. In every case, however, compensation will have to be paid for damage that has been done.
The fifth Clause of the Bill amends Part I of the Second Schedule to the Army Act in respect of meals which an occupier may have to supply to a soldier when billeted upon him. The Second Schedule of the principal Act is applicable both in peace and in emergency. It provides at present for three meals a day, and the Amendment now proposed in this Bill is designed to bring the meals more into line with those which are provided for soldiers and airmen in barracks, and in particular to provide them with a fourth meal—in this case, tea. Your Lordships will observe that Clause 7 of the Bill makes the Amendments in Clauses 4 to 6 applicable to the Air Force Act with the necessary modifications.
The object of Clause 8 is to remove an anomaly. This anomaly, I understand, has existed since 1922, when Section 47 of the Army Act was amended to provide that a superior authority dealing summarily with a charge against an officer could award a sentence of forfeiture of the whole or any part of his service for purposes of promotion, and in addition a severe reprimand or reprimand, but Section 44 was not amended at the same time to provide similar powers for courts-martial. Now that most officers in the Army are promoted up to the rank of major on a time basis, it will be obvious to your Lordships that it becomes necessary to remove this anomaly. Clause 9 amends Section 90 of the principal Act, and it proposes that the period for which the discharge or transfer to the Reserve of a soldier may be delayed with his consent should be extended from a period of three months to six months. The reason for this change is to enable a soldier coming home from abroad to complete a full course of vocational training before ceasing to draw his Army pay.
The object of Part III of the Bill is to simplify the prosecution before a court-martial of certain common offences not at present specifically covered by the existing sections of the Air Force Act. These offences are three in number:—Firstly, signing an unverified certificate in relation to aircraft; secondly, unauthorised low flying; and, thirdly, flying likely to cause unnecessary annoyance. In addition,

651
subsection (2) of Clause 11 makes it quite clear that where an officer or airman has been nominated to be the captain of an aircraft on any particular flight, all present on board, even though of superior rank, must obey his orders. That is the measure which I ask your Lordships to give a Second Reading, and it is one which, as I have already said, raises no controversial issue from any side of the House. I beg to move.
Moved, That the Bill be now read 2a.—(The Earl of Munster.)
On Question, Bill read 2a, and committed to a Committee of the Whole House.

LOCAL GOVERNMENT SUPERANNU- ATION BILL.
Order of the Day for the Second Reading read.
THE PARLIAMENTARY UNDERSECRETARY OF STATE FOR DOMINION AFFAIRS (THE DUKE OF DEVONSHIRE): My Lords, this is a small Bill which has been introduced in order to amend the Local Government Superannuation Acts, 1937, in three quite minor particulars in which it has been found that they do not carry out the intentions of Parliament. Clause 1 deals with reci-
652
procity as between England and Scotland, which it was found had been lost largely owing to an error of drafting in the 1937 Act. There was reciprocity under the Act of 1922 which governed local government superannuation until the passing of the Act of 1937, and owing to the repeal of the Act of 1922 without any provision being made to retain reciprocity, it has been found that local government officials who left the service in Scotland for England, or vice versa, would lose their rights of superannuation. Clause 2 deals with the position of certain asylum attendants whose rights again, owing to an error of drafting, would be forfeited under the Act of 1937, while Clause 3 deals with officials who have passed from the service of local authorities to that of certain statutory undertakings. It deals, in fact, very largely with a considerable number of local government employees who have passed into the service of the London Transport Board. The Bill is, I think, entirely non-controversial; indeed it may be described as a drafting Bill, and I hope your Lordships will agree to give it a Second Reading.
On Question, Bill read 2a, and committed to a Committee of the Whole House.
House adjourned at twenty-eight minutes before five o'clock.