§ Mr. RAMSAY MACDONALDasked whether a man holding a certificate of exemption imposing upon him the duty to 1657W drill with the National Volunteers may be taken into the Army on the ground that he is not becoming an efficient volunteer; whether the decision on that point rests solely with the local military authorities; and whether the man has no chance of an appeal?
§ Mr. MACPHERSONIf a certificate of exemption is granted to a man by a tribunal on any condition which it is within his power to fulfil and he fails to comply with the condition, then the certificate never comes into force and the man becomes liable for military service. If a man has complied with the condition for a time, but fails to continue compliance. the certificate ceases to be in force, but the man has a right to apply to the tribunal within the limits of the time laid down by the Regulations and Instructions, for renewal or variation of the certificate. If, therefore, exemption is granted conditionally upon a man joining a Volunteer Corps and he does not do so, the certificate never comes into force. If the certificate is granted on the condition that the man joins the Volunteer Corps and becomes efficient and he joins a corps, but a claim is made that the certificate has ceased to be effective owing to his failure to continue the fulfilment of the condition, it is open to him, if he makes application within the limits of time laid down by the Regulations and Instructions, to reopen his case before the tribunal, when the tribunal would be entitled to accept such evidence as in their discretion they considered applicable on the question whether or not the condition which they had imposed was being complied with, or whether it should be varied. If a man is called up under the Military Service Acts and claims not to be liable for military service on the ground that he holds a certificate of exemption or that he has a valid application pending before the tribunal, the Military Service Act provides that in the last resort the question can be decided only on proceedings before a civil Court.