TERRITORIAL FORCE

Evening Post, Volume CXXX, Issue 83, 4 October 1940, Page 4

TERRITORIAL FORCE

HEARING OF APPEALS

PROCEDURE OUTLINED

TAKING QF EVIDENCE

The policy laid down by the Government to be followed by the Manpower Committees in hearing appeals against Territorial service was outlined by the Minister of National Service (the Hon. R. Semple) last night. Appeals will be heard in public by the committees, though a committee may, having regard to the interests of the appellant and other persons concerned, hold the hearing in private. Magisterial boards will be appointed to hear appeals against overseas service.

The Minister said that instances would not infrequently arise in appeals brought on the grounds of undue hardship where a. request would be made that the hearing be in private. "Sympathetic consideration will be given in such cases," the Minister said. "Committees have been recommended to deal with a request of this nature by calling for a brief outline of the facts in camera before deciding to grant leave. In appeals on the grounds of undue hardship, where the financial position of the appellant or co-appel-lant is relevant, serious embarrassment may be occasioned in having the details ventilated in public. Committees have been asked to exercise a discretion as to the taking of such evidence in px-ivate, if a request is made to this effect, or of permitting a written statement to be put in." In general, the procedure to be followed under the regulations in respect of men drawn in the ballot differed very little from existing practice as applied to volunteers, Mr. Semple said. While the utmost care had been taken to secure a proper balance in the manpower requirements for the armed forces on the one hand 'and industry generally on the other, there was no provision for the complete reservation of any industry or occupation. The wide rights of appeal were designed adequately to safeguard industry where it was in the public interest to do so, but each case had to be dealt with on its merits and having regard to the circumstances at the time the man was called up for service. PUBLIC INTEREST. "Consideration of 'public interest' will be a matter of paramount interest, j but committees will keep carefully in mind the fact that the incidence ofj Territorial service is not comparable with that of overseas service," said t Mr. Semple. "To- send a skilled worker out of the country for overseas seri vice is a far more serious matter than merely to divert him from his normal occupation for a limited period of Territorial training. •'Nevertheless, the importance of some industries or occupations is such that it will be unwise to permit of any interruption by sending a man to, camp even for a short period. On thei other hand, the importance of an occupation may be merely seasonal, and aj 1 postponement of service the only relief justified. Man-power must be con-j sidered on the basis of national service, not merely of military service.' j Stressing the necessity for bringing the Territorial Force up to and maintaining it at full war strength, the Minister said it was expected that com- j mittees would generally find that rea-j sonablc arrangements could in most j cases be made to enable a man called up to be made available for service, if not immediately, then after a reasonable period of postponement. GROUNDS OF APPEAL. Four grounds of appeal are classified. The first is status—that when so called iip the individual was not a member of the reserve or had lawfully ceased to be a British subject, or that when so called up he was a member of some other class the calling up of which had not been authorised. !The grounds of appeal here are available only to the person called up. The second is that by reason of his occupation the calling up of the man was contrary to the public interest. The man, any other person, or the Director of National Service, may make the appeal, but no appeal can be "allowed" on this ground. If circumstances warrant the granting of relief, this can be afforded by way of adjournment only. A similar disallowance is provided in cases of undue hardship, for which there are two grounds—that by .reason of his domestic circumstances or for any other reason the calling up would be a cause of undue hardship to the man or others, or that undue hardship would be caused to the person presenting the appeal. The fourth ground is that the man conscientiously objects to serving with the armed forces, and it is available only to the man concerned. A manpower committee has no jurisdiction to determine an appeal on this ground. Special provision has been made for the remittance of these appeals to the Director of National Service for reference to an Armed Forces Appeal | Board. If the appeal is allowed, the [man becomes a member of the Third 'Division of the General Reserve. If dismissed, the appeal will be referred back to the committee if there are other grounds of determination. PUBLIC SERVANTS. Appeals in respect of public se&vants will be dealt with by the committees, the Minister explained. In order to obtain complete uniformity all State Departments had been directed to forward particulars of all servants for whom postponement was desired to the Director, who would lodge the appeals in cases deemed necessary- On grounds other than public interest, servants [will personally lodge their own appeals. Appeals on <he grounds of public interest will bo made by the board concerned employing school teachers to | the committees. I