HC Deb 01 December 1942 vol 385 cc1040-2W
Colonel Mills

asked the Minister of Labour in what circumstances persons who claim to be conscientious objectors may be required to undergo medical examination?

Mr. Bevin

Any person liable to be, called up under the National Service Acts may register provisionally as a conscientious objector and make an application to a tribunal. As a result he may be:—

  1. (1) registered as a conscientious objector without conditions;
  2. (2) registered as a conscientious objector on condition that he undertakes specified civilian work;
  3. (3) registered as a conscientious objector but liable to service in a non-combatant capacity in the Armed Forces; or
  4. (4) removed from the register of conscientious objectors.
Persons in the third and fourth categories mentioned above are liable to be called up under the National Service Acts for military service, and those in the second category may be enrolled in a Civil Defence Force. Before an enlistment or enrolment notice can be served it is necessary that there should be a medical, examination in accordance with the National Service (Armed Forces) Act, 1939. Section 3 (4) of that Act provides that it is an offence to fail to comply with a notice served by the Minister to attend for medical examination. Section 4 of the National Service Act, 1941, provides that the Court by which any person is convicted under the principal Act for failure to comply with a notice to attend for medical examination, may, without prejudice to any penalty which may be imposed on him, order him to submit himself to medical examination. Under Section 4 (2) of this Act a person who fails to submit himself for examination in accordance with any order made by the Court in the above circumstances shall be guilty of an offence and liable on conviction to imprisonment. Any person in Great Britain may be given directions under Defence (General) Regulation 58A. Such directions may, therefore, be given to persons registered as conscientious objectors either with or without conditions, and also to persons who, not being liable to be called up under the National Service Acts, have no opportunity formally to be recognised as conscientious objectors to Military Service but who may themselves claim to be conscientious objectors. Before giving a direction under Regulation 58A, it is important that the National Service officer should be satisfied that the person concerned is fit to undertake the work proposed, and by Defence (General) Regulation 80B there is power to require a person to submit himself to medical examination for the purpose of determining whether any, and if so what, direction ought to be given.