Lords Sitting of 18 June 1940

Preamble
The House met at four of the clock, The LORD CHANCELLOR on the Woolsack.
SAINT MARY MAGDALENE HOSPITAL (NEWCASTLE-UPON-TYNE) BILL. [H.L.]
Read 3a, and passed, and sent to the Commons.

CHRISTCHURCH CORPORATION BILL.
The King's consent signified.
Read 3a, with the Amendments, and passed, and returned to the Commons.

THE WAR: FRANCE'S DECISION AND THE BRITISH RESOLVE.
LORD ADDISON: My Lords, may I ask the Leader of the House whether he can make any statement on the international situation?
THE SECRETARY OF STATE FOR DOMINION AFFAIRS (VISCOUNT CALDECOTE): My Lords, yesterday at mid-day Marshal Pétain broadcast a message to the French nation saying that their Armies must cease to fight. He had already, through General Franco, asked if Herr Hitler and Signor Mussolini would be ready to sign the means to end hostilities as between soldiers in honour. The events leading up to this tragic utterance must be narrated. Fourteen days ago the French Amies, reorganised under General Weygand, awaited the German onslaught on the lines of the Somme and the Aisne. In spite of all their efforts, magnificently supported as they were by the Royal Air Force, the French Armies were overwhelmed. His Majesty's Government lost no time in sending troops to support the French Armies immediately after the Dunkirk evacuation. The tide was not stemmed.
On June 14 Paris was abandoned by the French Government, and the French Armies, exhausted by ten days of incessant fighting and marching, found themselves holding an extended line in
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which breaches had already been made west of the Seine and on the vital front in Champagne. On the same day, June 14, M. Reynaud made his last appeal to the President of the United States of America. He made it clear that the continuation of the struggle was dependent on increased moral and material support from those who shared the French faith in democracy. His Majesty's Government responded in terms which your Lordships will all remember. On the following day, June 15, the President of the United States pledged his country to refuse to recognise any infringement of the independence or territorial integrity of France, while at the same time he made it clear that any questions of military commitments were matters for Congress. Meanwhile the French Government left Tours to go to Bordeaux. On June 15 and 16 the French Government faced the question of the abandonment of the struggle. His Majesty's Government left nothing undone to show their determination to give France every support and to continue the struggle to its victorious conclusion. On June 16 His Majesty's Government offered to make the solemn declaration published this morning, in pursuance of which the two nations were to be fused into one great weapon for the accomplishment of their common purpose. The French Government did not accept this declaration.
At half-past eleven on the night of June 16 M. Reynaud resigned and Marshal Pétain took his place, with General Weygand as Vice-President of the Council. There immediately followed the request I have mentioned for terms of peace; but it is right to say that the new French Foreign Minister broadcast last night a message in which he made it clear that the French Government will never accept shameful conditions which mean the end of their spiritual freedom. If it was a choice between existence and honour, he said, their choice was already made. In these circumstances it would seem that some fighting is still continuing, although the German troops have surrounded the Maginot line and approached the Swiss frontier. The purpose of the declaration was not achieved, but the resolve of His Majesty's Government stands rock-like. As long as the resolution of their Allies abides, the British Empire is shoulder to shoulder with them. If, on the other hand, we stand alone to defend

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the right and the future of our own homes and the nations that have been soiled and ravaged by the German invasion, then I hope our courage will match our pride in a great hour.
It is a dark hour for France, and the sufferings of the French people have been immense. They have been tortured beyond endurance. But whether they cease to fight or not, we are persuaded the French authorities will do all in their power to remove every hindrance to the continuance of the struggle by their Allies. Our course is plain. The foe has to break the spirit of our Imperial race or he must fail. The centre of our resistance now lies in these islands. Our power to defend them and, in defending them, to defend the Empire, will decide this struggle.
I hope your Lordships will allow me to attempt to survey the resources with which we meet this challenge. Our superior sea-power is sufficient to defeat any attempt at sea-borne invasion, provided the co-operation of the Naval and Air Forces can ensure, as we believe it can, interception at sea. It is well to remember that in 1914 those who were responsible faced the risks of overseas invasion without keeping troops at home that were needed elsewhere. Then the Germans possessed a battle fleet of ten to our sixteen; to-day they have only two heavy ships which are worth mentioning. We can meet more confidently, even than during the early months of this war, sea-borne invasion on a great scale—that is to say, great enough to succeed. It is to be remembered in connection with the matter that I mentioned—namely, the power of the Royal Air Force, together with the Navy, to detect approaching invasion—that the resources of science have immensely aided the work of the Air Force in interception and are at this moment being yet ever more highly developed. Undoubtedly restless vigilance in action as well as in research must never be relaxed. Given that, we have every reason to count on success, and we may feel confidence in our own strength to resist such invasion.
Invasion from the air is a new factor of which we have to take the most serious account. Dunkirk saw an intensity of air operation which surpassed even the
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activity of the preceding months of the war. Day by day our fighters and bombers worked with each other and with their French comrades. Every day our patrols have operated over the narrow seas and on French soil. Each night our bombers have hammered at the enemy's columns and lines of communication as well as at their sources of supply in German territory. And, be it remembered, this last offensive is at the most yielding part of the enemy's line. The physical exhaustion of their people and the depletion of their stocks have been daily increased. In France, I am informed, where we worked at a considerable disadvantage, our Air Force inflicted losses of two or two and a half to one upon the enemy Air Force, and over Dunkirk a loss of three or four to one was suffered by the enemy. The very pictures of the Dunkirk embarkation, which all your Lordships have seen, are eloquent to describe the superiority of our airmen and our machines. Fighting over British soil we will have an advantage which is not generally recognised. All the crews whose machines are injured but who reach the ground safely will no longer be lost to the war; they will be available for yet more services on behalf of their country. Only as to numbers is there any further question. I am happy to say that our fighter strength to-day is stronger relatively to the Germans than ever before. The bomber force of the enemy is, in mere numbers, in excess of our own. But make no mistake about it, my Lords, we have a large bombing force and we shall continue to strike at the military targets in Germany.
No doubt we have to face in this country an ordeal by fire which will call up all our native reserves of endurance and fortitude. Fear is a traitor that must be expelled from our counsels. The greatest qualities of our race will now be called upon to play their part. It is unnecessary to speak of our Army's gallantry. Many soldiers lately back from France, where they had a searching and a testing experience, are anxious for only one thing, and that is to achieve on other fields or the same fields the victory of their country to-day. In this country there are one and a quarter million men now under arms in addition to the Local Defence Volunteers, though, of course, many of these are not equipped. Very large

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supplies of new weapons will very soon be made available.
But, my Lords, I have left till the last the mention of one great and unfailing source of confidence The Dominions have made a magnificent contribution to our strength. We have received many messages from each of them. If I quote two of them your Lordships will not misunderstand me; they are but examples which might be multiplied over and over again. I refer to one which has been received by the Prime Minister from the Prime Minister of one of the smallest Dominions, New Zealand:
"If His Majesty's Government in the United Kingdom decide to fight on, we pledge this Dominion to remain with them to the end and we are confident this policy is unchangeable in the Dominion. At the same time we again pledge New Zealand to every form of assistance within our power, and, with the sole desire to render the maximum help, we will gladly and sympathetically consider any suggestions of any kind and at any time that His Majesty's Government in the United Kingdom may think it desirable to make."
Let me make one other quotation from the youngest of our Dominions, the Union of South Africa. The Prime Minister, in a telegram, says:
"Whatever the difficulties and trials ahead, and however long the road to victory may be, we hope to follow it to the end in company with our Commonwealth friends and other Allies."
From Canada and Australia messages of equal determination to stay with us, to fight with us, to endure with us, and to win with us, have been received. My Lords, we have a fiery ordeal in this country through which we must pass. The faith of our fathers will sustain us however scorching the fire may be. To fight and endure for freedom's cause even more than our fathers endured will be a noble chapter in the history of our race, and I know that the people of our land will not fail.
4.17 p.m.
LORD ADDISON: My Lords, the statement of the Leader of the House will not come as a surprise to any one of us, least of all the note of resolution which runs through it. The statement of Marshal Pétain and the French Government, wrung from them by anguish, I am quite sure touched the heart of every lover of liberty in every land. We reverence their heroic sacrifices, and it was a great comfort, I am sure, to all of us to read in the statement this morn-
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ing that they regarded their honour above all things and would accept no degrading peace. But it does mean, not for the first time, that we stand alone for the time being. I am quite sure that there is not a man or a woman in the land whose resolution is abated, indeed there is not one but who is more resolved than ever. We have stood in a similar position before, and seen the conquest of liberty in Europe ultimately turned back by Britain, but at that time we did not have, as the noble Viscount has reminded us now, the great Dominions for our support. Indeed, at that time we did not have the promise of the priceless material support of that very great people across the Atlantic.
I will only say that it seems to me there are two plain lessons for us all. We cannot fight mechanical Armies unless we have superior equipment. I do not think there is any man or woman in the country who is other than willing to help to obtain that. That demands—as I am sure from the Prime Minister we shall receive—efficient leadership. The times demand efficient leadership regardless of persons. Above all I feel sure we may confidently look for that leadership in the great service which is our first line of defence, never broken. With this leadership provided for us there is, I believe, no limit to the self sacrifice and service which our people are prepared to render.
4.22 p.m.
THE MARQUESS OF CREWE: My Lords, the news from France came as a deep grief to us all, most of all to those of us who love France, who have some knowledge of the country, who have spent happy years there and enjoy many French friendships. On one thing we can be all united, in admiration for the valour and endurance which the French soldiers have shown against overwhelming odds. It seems that, so far as they can, they are continuing to show those qualities. It is useless to speak of the past. There is no more futile and feeble way of encountering misfortunes than to spend time in the discussion of who is most to blame for them, instead of devoting all energy and all thought to deciding how misfortunes can be repaired. To attempt to consider now on whom the responsibility rests—it may go back for years—for the fact that Germany has achieved that vast mechanical superiority

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which has been the one secret of her success would be idle. We must think of the present and of the future. We were all heartened last night by the staunchness of the Prime Minister's broadcast, and the whole spirit of that was reproduced in the statement which we have just heard from the noble Viscount. We have to think, as he did, of the unstinted support which we are receiving from the whole Empire. Those messages from the Dominions might, as he said, be repeated over and over again. I have no doubt that they could be repeated in similar form from many of the great Colonies. Therefore we are able to feel that, though these events may have set the end further off, perhaps much further off, yet the end is equally sure.

CARDIFF CORPORATION (TROLLEY VEHICLES) PROVISIONAL ORDER BILL.
Brought from the Commons; read 1a; and referred to the Examiners.
HUDDERSFIELD CORPORATION (TROLLEY VEHICLES) PROVISIONAL ORDER BILL.
Brought from the Commons; read 1a; and referred to the Examiners.
NEWCASTLE-UPON-TYNE CORPORATION (TROLLEY VEHICLES) PROVISIONAL ORDER BILL.
Brought from the Commons; read 1a; and referred to the Examiners.

CONFIRMATION OF EXECUTORS (WAR SERVICE) (SCOTLAND) BILL. [H.L.]
Order of the Day for the House to be put into Committee read.
Moved, That the House do now resolve itself into Committee.—(Lord Alness.)
On Question, Motion agreed to.
House in Committee accordingly:
[Lord STANMORE in the Chair.]
Clause 1:
Procedure in petitions or applications for appointment or confimation as executor of persons engaged on war service and presumed dead.
1.—(1) Where there is produced with any petition or application for appointment or
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confirmation as executor of any person who, at any time during the war period, has been or shall be engaged in war service, a certificate or intimation issued by or on behalf of the competent authority that a report of the death of any such person has been accepted for official purposes, or that such person was missing on a specified date and that it has been presumed or concluded for official purposes that such person is dead, an oath or affirmation that to the best of the deponent's knowledge and belief such person is dead shall, for the purposes of such petition or application, be equivalent in all respects to an oath or affirmation that such person died on the date appearing in the certificate or intimation as the date on which he was missing or reported to have died:
Provided that the provisions of this subsection shall not apply unless between the last-mentioned date and the date of presenting the petition or application a period of not less than twelve months shall have elapsed, or unless between the date when such certificate or intimation has been issued and the date of presenting the petition or application a period of not less than six months shall have elapsed.
4.28 p.m.
LORD STRABOLGI LORD STRABOLGI moved, in the proviso in subsection (1), to leave out all words after "elapsed," where that word first occurs, and insert "where a certificate has been issued and confirmation of the particulars contained therein is given by a competent authority, an application may be made forthwith." The noble Lord said: Immediately after the Second Reading of this Bill in your Lordships' House, I was approached by representatives of the merchant seamen, and particularly of the officers' federation, for whom I am always ready to act, as I am sure all your Lordships would be, and to whom we owe so much. They pointed out that they would suffer hardship under the terms of the Bill. The particular difficulty is that until now, when the Registrar-General of Shipping and Seamen has proof of the death of a seaman the estate of that seaman can be administered forthwith, whereas under this Bill there will be considerable delay.
The proposed Amendment, which I fear has been rather hurriedly drafted, may not quite meet the case. I have had the privilege of a short conference with my noble and learned friend Lord Alness, and I understand that, although the Government are sympathetic with the intention of the Amendment, the wording is considered defective. Indeed, my noble and learned friend was good enough to point out to me that it would not

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altogether achieve the object we have in view on behalf of the merchant seamen. Nevertheless, I would ask leave to put their case very briefly. The original Act passed in the last war, as my noble and learned friend pointed out to your Lordships on Second Reading, did not apply to merchant seamen. Merchant seamen are, however, brought under this Bill. My noble friend said the three services, the Navy, Army and Air Force had been consulted. I am not sure whether the Ministry of Shipping have been consulted, and my suggestion is that they ought to have been. No doubt they have been brought into the conversations.
Many members of the Merchant Navy have lost their lives at sea in consequence of enemy attacks on ships in which they have been serving. It frequently happens that where a vessel is lost, resulting in the death of officers and crew, it is not possible for the exact date of death to be stated on the death certificate which is issued by the Registrar-General under Section 255 of the Merchant Shipping Act, 1894. The certificate in most cases merely records the approximate date of death as a result of the loss of a particular ship, without stating the exact date on which the man in quesion died. In view of the fact that the actual date of death is not known, it became necessary to make application to the Court for leave to presume death before probate or letters of administration were obtained. This procedure entails hardship upon the dependants, as it involves delay in obtaining a grant of representation of the estate, and it also entails expense in many cases out of proportion to the value of the estate. I am sorry to say that the purses of most merchant officers and crew are narrow. The estates they leave are in any case not those which are usually left by successful members of my noble and learned friend's profession. In most cases these estates consist of a house or one or two houses, freehold or leasehold, subject very often to a mortgage. If the dependants of officers of the Merchant Navy or of seamen cannot obtain probate or letters of administration at once, they are left without any money for many months.
These difficulties were pointed out to the Senior Registrar of the Principal Probate Registry, and after consideration the President of the Probate Division
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directed that when a certificate under Section 255 of the Merchant Shipping Act, 1894, is produced as evidence of death, it may be accepted without further proof and without any order of the Court being obtained, subject to the Probate Registry obtaining from the Registrar-General of Shipping and Seamen a verification of the facts. By reason of this ruling, delay and expense were immediately obviated. The system has worked perfectly well. Having obtained a ruling of the probate authorities in England, an endeavour was made to arrange for the same procedure in Scotland, since a considerable number of officers and men of the Merchant Navy have Scottish domicile and estates and property in Scotland.
If this Scottish Bill is passed in its present form without some amendment of the nature I indicate in my proposed Amendment, it will mean that where a certificate is issued by the competent authority—for example, the Registrar-General of Shipping and Seamen—that a report of the death of any person engaged in war service has been accepted for official purposes, or that such a person was missing on a specified date and has been presumed dead for official purposes, no application to the Court to presume the death will be necessary. Application for confirmation, however, cannot be made until either twelve months after the date appearing in the certificate as the date on which the deceased was missing or reported to have died, or six months after the date of the issue of the certificate. Delay of at least six months is therefore inevitable, but the expense of Court proceedings to presume death is obviated. If this Bill is passed for Scotland in its present form, it will in many cases bring hardship on the dependants of merchant seamen, since they cannot afford to wait for six months before they will be allowed to use what little money may have been left to them. It is urged that the same procedure should be followed in Scotland, or that the Bill be amended to enable application for confirmation to be made immediately the Ministry of Shipping have confirmed the facts contained in the death certificate issued by the Registrar-General of Shipping and Seamen. That is the case for some amendment. I admit that this Amendment, having been tabled in adverse circumstances, may not be in the right form, but I beg that my noble and

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learned friend will give a sympathetic ear to this plea for the Scottish officers and seamen of the British Merchant Marine. I know I can rely on him to do what he can to remedy a grievance. I beg to move.
Amendment moved—
Page 2, leave out lines 3 to 6 and insert ("where a certificate has been issued and confirmation of the particulars contained therein is given by a competent authority, an application may be made forthwith.").—(Lord Strabolgi.)
4.35 p.m.
LORD ALNESS: My noble friend was good enough to give me notice of his intention to put down this Amendment upon the Paper, and therefore I have had an opportunity of looking into it in advance. I have no doubt he will accept from me that I humbly regard the class of men on whose behalf he speaks as deserving of every sympathetic consideration which one can extend to them, and it is from that point of view that I approach the Amendment which he has moved. May I say a preliminary word about the form of the Bill as it stands? As I reminded the House on the last occasion, this Bill is really a reproduction of an Act which was passed in 1917, during the last war, but which did not, as my noble friend has truly said, apply to the Merchant Service. At that time, however, representations in the same sense as those he has made to-day were made to me in another place—namely, to shorten the period during which confirmation must be awaited. I resisted that attempt at the time, and urged the honourable Member who made it not to press his Amendment, assuring him, as I assure the noble Lord now, that I had taken the fullest and most adequate counsel upon the matter from those who are best informed regarding it before putting in the Bill the periods which are there specified. All I can say about the Act of 1917 is that, so far as is known in the Scottish Office, it has worked with complete adequacy and without any hardship or difficulty due to the period of time which it prescribes shall elapse before confirmation is taken out.
So much by way of preliminary to my noble friend's Amendment. Coming to the Amendment itself, I think he will be the first to admit that, even though I
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accepted the Amendment in its present form, it would not carry the applicant one step further, and for this obvious and simple reason. So long as the first part of the proviso which deals with the twelve months interval remains in the Bill—and my noble friend does not propose to delete it—it governs the whole of what follows; and therefore, whenever the application is made, it cannot be fruitfully made until the expiry of twelve months. I am sure that is not what my noble friend desires. Further, if I accepted his Amendment in its present form, the only effect which it would have would be to wipe out of the Bill the shorter period, the period of six months, which I have no doubt my noble friend would prefer to twelve months. Accordingly I hope that I have satisfied my noble friend that the Amendment in its present form will not do.
At the same time, having listened sympathetically to what he has said, I desire to repeat, if I may, here what I have said to him already—namely, that I shall be happy, before the Third Reading of the Bill is taken, to consider carefully the case which he has made today and to see whether it is possible in a reasonable way to meet his wishes by, as I understand it, shortening the period during which the applicant for confirmation has to wait. That I gather to be the substance of his argument, and I shall consider with my advisers before the Third Reading takes place whether that can reasonably be done. With that assurance perhaps my noble friend may see his way to withdraw the Amendment on the Committee stage. It can, as I think I am right in saying, be appropriately made on the Third Reading.
4.40 p.m.
LORD STRABOLGI: I am very much obliged to my noble and learned friend. As I explained, the Bill has been of necessity pressed through rather hurriedly. I was approached about this difficulty only after the Bill had passed Second Reading and when your Lordships were on the point of rising, and I had not the opportunity of considering further the Amendment which was suggested by my friends of the Mercantile Marine. They are obviously not skilled draftsmen, and even sea lawyers have not a great knowledge of Parliamentary procedure! I admit that their Amend-

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ment does not really achieve what they want to do. I am very grateful to my noble and learned friend, however, for his undertaking. He will appreciate, I know, that the case of the merchant seaman or officer is rather different, for example, from that of a seaman in the Royal Navy or a soldier; if he is missing, in all too many cases the means of subsistence of his family ceases for the time being, and there are not the same facilities for bringing proof, and so on, as are available in the case of men of the regular Fighting Services.
I am sure that my noble and learned friend is seized of the case of the merchant seaman, and perhaps one day—it may be quite soon, as the result of this war—our Mercantile Marine will be on the same footing as the Royal Navy as regards these matters. I think that the nation would wish that the officers and seamen of the Mercantile Marine should have the same status as regards benefits to their dependants and in other ways
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as those who belong to the regular services. This is a matter which I have had at heart for a long time. I believe that my noble and learned friend is aware of the need for great reforms, so that the family of a deceased seaman of the Mercantile Marine is in no way worse off than the family of a deceased seaman of the Royal Navy. I ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Clause 1 agreed to.
Remaining clause agreed to.
Bill reported without amendment.

INDIAN AND COLONIAL DIVORCE JURISDICTION BILL. [H.L.]
Read 3a (according to Order), and passed, and sent to the Commons.
House adjourned at seventeen minutes before five o clock.