HL Deb 22 March 1982 vol 428 cc914-6WA
Lord Chelwood

asked Her Majesty's Government:

What help they gave Mr. Alan Patient the producer of the "Forty Minutes" programme "Mutiny" on BBC2 on Thursday, 25th February and author of "Mutiny at Salerno" in the Listener; and whether they can confirm:

  1. 1. That many of the 191 men concerned were unfit to fight not having recovered from wounds or illness;
  2. 2. That after their sentences were commuted most of them were deliberately given "extra" frontline duties that would give the impression that the authorities wanted them killed in action;
  3. 3. That their families were victimised and refused allowances due to them; and whether they will make a full statement.

The Minister of State for Defence Procurement (Viscount Trenchard)

Following newspaper and radio items in Scotland in 1979 and 1980, the producer of the "Forty Minutes" programme approached the Ministry of Defence during his research for a proposed programme about the mutiny at Salerno in 1943. The Ministry of Defence offered considerable assistance to the producer and arranged for participation in filming at Salerno and Sandhurst. This film, in the event, was subsequently not used by the producer. Other help was offered which was not accepted.

In view of the allegations made in these programmes and the public interest, the Ministry of Defence has researched the records still existing. The facts which are available at this time are as follows. In the course of the battle for Italy, the Allies gained a precarious foothold on the Salerno beachhead in the face of strong enemy resistance. The campaign was at a very critical stage, and reinforcements were desperately needed. One thousand five hundred British soldiers were brought from North Africa to join those already fighting and were landed in Italy on 16th September 1943. No evidence can be found to confirm that they were misled in any way as to their destination. This, for security reasons, should not have been declared before embarkation, although there may have been false rumours or an expectation held by some about a return to their own units or divisions. Over 1,200 of these soldiers went quickly into action with the 46th and 56th Divisions: initially, about 300 refused to go. Although the circumstances were explained by senior officers and they were given every opportunity to consider their refusal and its consequences, about 191 remained adamant. They were tried by a Field General Court Martial, when the facts were not disputed, and they were subsequently found guilty of mutiny. The findings against two of the soldiers were not confirmed, but the others were sentenced to various lengths of imprisonment, which were, in all cases, suspended after a short time. Subsequently in some cases, for later misconduct, these sentences were reactivated. The disciplinary proceedings were reviewed by the Solicitor-General in 1947, who found that they had been properly conducted, that the requirements of justice had been fulfilled, and that the proceedings were legally in order. This review was well after the rush of war was over, and I do not believe that there are any grounds for reopening the case now.

No evidence was brought forward when the disciplinary proceedings were taken or reviewed that any of those convicted were unfit to fight. A check of available records confirms that the reinforcements came from a transit camp containing men who were awaiting and ready for active service: those who had been wounded earlier had already completed a period of convalescence. As fresh and rested infantrymen, they would have been used to the maximum extent to relieve battle-worn troops, but the Ministry of Defence has no grounds for supposing that "extra" frontline duties were imposed on those who had had their sentences suspended. Their pay and allowance records have long since been destroyed, but a conviction for mutiny at that time should not of itself have attracted any special financial penalties on their families, although under the regulations, separate acts of absence or desertion could have brought about a loss of allowances.

Those found guilty of mutiny would have forfeited their entitlement to any war and campaign medals which they might have earned up to the time of their conviction. A gallantry award was later withdrawn from one individual, not solely because of his action at Salerno but also because of subsequent misconduct. There are clear and strict rules governing the circumstances when forfeited medals may be restored: normally, at least three years' further exemplary or meritorious service is required.