HL Deb 28 July 1942 vol 124 cc1-3
THE LORD CHANCELLOR (VISCOUNT SIMON)

My Lords, I beg leave to introduce a Bill to give effect to an agreement recorded in Notes exchanged between His Majesty's Government in the United Kingdom and the Government of the United States of America relating to jurisdiction over members of the, military and naval Forces of the United States of America; and to move that it be read a first time. Departing from the usual custom when such a Motion is made, by which it is at once put to the House, I think that it would be only right and for your Lordships' convenience if I stated in two or three sentences what is the purpose of this Bill and, still more, what is its urgency.

Some of your Lordships may recall that in the last war, as I understand it, when our Forces were in France, there was an arrangement by which, if any member of our Forces in France was charged with criminal action of any kind—any breach of the criminal law—the matter was dealt with by our own Military Courts administering discipline to our own Forces, and was not regarded as amenable to the French Criminal Courts. That was the practice then followed. The Forces of the United States of America are now reaching the United Kingdom, as we are all glad to realize, in increasing numbers, and it is not unaturally desired that a similar arrangement should be made between the United States and ourselves. Notes have been exchanged between the Foreign Secretary here and the American Ambassador on behalf of the United States Government, which record the agreement, which is very simple. The result is that the Government are at once introducing this Bill, which, as I have said, will give effect to that agreement, and will in substance provide that criminal jurisdiction over American troops in this country (including Northern Ireland) will be exercised by the American Military Courts sitting here, and not by our own Criminal Courts. There may be exceptions in cases where the American authorities ask our own Courts to deal with a case, and that is provided for in the Bill. That is the nature of the subject-matter of the Bill.

The reason why I explain this now, on First Reading, is that, the matter having been arranged, it is exceedingly urgent to carry it through. Nothing would be more unfortunate than that there should be some dispute on this matter because the arrangement had not yet been made statutorily effective. In the view of His Majesty's Government, and I hope in the view of your Lordships, it is really of the first importance that we should get this Bill on the Statute Book, by securing its passage through both Houses, without any loss of time at all. Having regard to the season of the year, that means that we must give time to the House of Commons to deal with it before there is any break in our sittings. What the Government desire—and, in the very exceptional circumstances, I hope your Lordships will not feel that you should oppose it—is that the Second Reading of the Bill, and in fact all the other stages, should be taken tomorrow. The Bill itself will become available in a few hours' time. It is an extremely simple Bill, which schedules the agreement made between the two Governments and gives it statutory effect. At the same time, I recognize that your Lordships will wish to examine the text of the Bill before we proceed further with it. I therefore move that this Bill be now read a first time, and I give notice to your Lordships that it is the intention of the Government to ask that this Bill be taken first to-morrow, with a view to its being carried through all its remaining stages.

Moved, That the Bill be now read 1a.—(The Lord Chancellor.)

THE EARL OF LISTOWEL

My Lords, I should like to say, on behalf of my noble friends on this side of the House, that we welcome the introduction of the Bill and shall do all in our power to secure its speedy passage through this Chamber.

VISCOUNT SAMUEL

My Lords, on behalf of my noble friends on these Benches, I should like to express concurrence in the views expressed by the noble Earl who has just spoken. The noble and learned Lord Chancellor has explained to us the special urgency of this measure and I am sure that the House will be ready to give effect to the desires of the Government.

On Question, Bill read 1a, and to be printed.