Personal Cases

Oral Answers to Questions — British Army – in the House of Commons am 12:00 am ar 25 Chwefror 1947.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Colonel Sir Alan Gomme-Duncan Colonel Sir Alan Gomme-Duncan , Perth 12:00, 25 Chwefror 1947

asked the Secretary of State for War (1) why the parents of 2888492 Private John Auchterlourie, Cameron Highlanders, have been refused payment of gratuity in respect of their son who was killed in action;

(2) why War Office letter, No. D/133937/W.G.7/Effects, dated 2nd August 1946, was addressed to the parents of the late Private John Auchterlourie, Cameron Highlanders, and not to the Coupar Angus branch of the British Legion who initiated the inquiries.

Photo of Mr John Freeman Mr John Freeman , Watford

I am sorry that the War Office reply of 2nd August, 1946, which gave the reasons for refusing payment of war gratuity, was addressed in error to the parents and not to the British Legion who had asked the Department to look into the matter. On 5th October, however, a letter was sent to the Legion explaining why war gratuity was inadmissible, and a further letter dated 29th November, 1946, reiterated the decision and explained fully the grounds on which it was based.

The conditions laid down in the Royal Warrant require a minimum of six months' reckonable service, and any service given before a conviction for desertion is not reckoned unless that service is subsequently restored. Private Auchterlourie did not qualify for restoration of the service which he forfeited as a result of conviction for desertion.

Photo of Colonel Sir Alan Gomme-Duncan Colonel Sir Alan Gomme-Duncan , Perth

May I ask the hon. Gentleman, first, whether he realises the great distress that was caused to the family of this soldier by this letter being sent to them and not to the British Legion, that being the first they had heard of his being a deserter; and, second, does the second part of his answer mean that in the opinion of the War Office it is more important that a man should serve six months' good conduct to get back his privileges than that he should give his life for his country?

Photo of Mr John Freeman Mr John Freeman , Watford

With regard to the first part of the supplementary question, I have expressed the apology of my Department. With regard to the second part, I am administering the Royal Warrant, and if the hon. and gallant Member would like that amended to allow desertion to count for gratuity, we will consider any representations he has to make.

Photo of Colonel Sir Alan Gomme-Duncan Colonel Sir Alan Gomme-Duncan , Perth

This is a matter of great principle. This was a man who gave his life for his country, and had he lived another six months he would have had all his privileges restored to him. This is so unsatisfactory that I give notice I shall endeavour to raise it on the Adjournment.

Photo of Reverend Gordon Lang Reverend Gordon Lang , Stalybridge and Hyde

asked the Secretary of State for War the cause of death at Ballykinler Camp, County Down, on 31st December last, of 19094813 Private Turner, of Stalybridge; and why his relatives were not informed of his illness.

Photo of Mr Frederick Bellenger Mr Frederick Bellenger , Bassetlaw

Private Turner was admitted to hospital at 2.45 p.m. on 31st December and died less than an hour later from heart failure. Two telegrams, one reporting that he was dangerously ill and the other that he had died, were sent to his next-of-kin on 31st December. I should like to express my sympathy with his relatives, in the sad and sudden loss.

Photo of Reverend Gordon Lang Reverend Gordon Lang , Stalybridge and Hyde

Can my right hon. Friend tell me why, after the family had written and received a reply on 2nd December, the commanding officer wrote, and no other communication was sent, and the last they heard was a letter from their own boy on 8th December that he was all right and these two telegrams which were delivered together?

Photo of Mr Frederick Bellenger Mr Frederick Bellenger , Bassetlaw

We had no reason to believe that Private Turner was seriously ill, and after his admission to hospital he died from heart failure, as I have said. We did all we could in those distressing circumstances to inform his relatives.

Photo of Mr William Williams Mr William Williams , Heston and Isleworth

asked the Secretary of State for War whether he has given further consideration to the claim made by Mr. A. S. Hill for payment at the rate of 20s. a day in respect of the period of leave granted to him on release from his duties at the special communications unit; and if he will make a statement.

Photo of Mr Frederick Bellenger Mr Frederick Bellenger , Bassetlaw

As I explained to my hon. Friend in my letter of 3rd December, 1946, I had given very careful consideration to Mr. Hill's claim but could not accept his contention. Men in his circumstances were quite properly treated in receiving, during release leave, the normal rate of pay of soldiers of their rank and service, and they have no just grounds for claiming pay at special rates during such leave.

Photo of Mr William Williams Mr William Williams , Heston and Isleworth

Is the right hon. Gentleman aware that Mr. Hill, and many others who have been similarly treated in regard to their claims, firmly believe in the validity of their claims? Is he prepared to make a test case of this, by submitting the claim to the Law Officers of the Crown for their observations?

Photo of Mr Frederick Bellenger Mr Frederick Bellenger , Bassetlaw

No, Sir. I have given both Mr. Hill and the hon. Member very full facilities for stating their case; and, on the legal advice I have received, I am informed they have no case at all.

Photo of Mr William Williams Mr William Williams , Heston and Isleworth

In view of the unsatisfactory nature of the reply, I beg leave to give notice that I shall raise the matter on the Adjournment.