Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
History
Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
Questions were put and objections raised, in the sense of my
criticisms upon the drafting of the "Second Peace Conference
(Conventions) Bill" of 1911, upon several occasions in the
House of Commons, especially in August of that year, and on
December 16 the Bill was finally withdrawn. On the
re-introduction of the Bill in 1914, see the following letter.
THE PRESENT BILL IN PARLIAMENT
Sir,--In reintroducing their Bill "to make such amendments in the law as
are necessary in order to enable certain conventions to be carried into
effect," the Government has justified the criticisms which I addressed
to you upon the way in which this measure was first presented to
Parliament.
I pointed out that neither in the preamble nor elsewhere was any
information vouchsafed as to which of "the various conventions drawn up
at the second Peace Conference" were within the purview of the Bill.
Still less was any clue given to those articles, out of nearly 400
contained in the 13 conventions in question, which are relevant to the
proposed legislation. Members of Parliament sufficiently inquisitive not
to be inclined to take the measure on trust, were left to puzzle out all
this for themselves, but proved so restive under the treatment that the
Bill, which was introduced in June, 1911, had to be withdrawn in the
following December.
As now resuscitated, the Bill is accompanied by a memorandum containing
information which will enable the reader, even though no specialist,
supposing him to have the necessary documents at hand, though probably
only after several hours of labour, to ascertain what would be the
result of passing it. Is it too much to hope that similar aids to the
understanding of complicated legislative proposals will be
systematically provided in the future?
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, April 13, 1914.
This Bill was introduced into the House of Commons on April 8,
1914, with a memorandum proposed in compliance with the
criticisms, which had led to the withdrawal of its predecessor
of 1911. _Cf. supra_, p. 37. It also was withdrawn, after
sustaining much renewed criticism, on July 17, 1914.
THE FOREIGN ENLISTMENT BILL
Sir,--It is doubtless the case, as stated in your leading article of
to-day, that the Foreign Enlistment Bill has not received the attention
which it deserves. It may perhaps be worth while to mention, as
affording some explanation of this neglect, the fact that the memorandum
prefixed to the Bill vaguely describes its main object as being to bring
our law into conformity with "The Hague Conventions" at large. An
ordinary member of Parliament would surely be grateful to be referred
specifically to Convention No. xiii., Arts. 8, 17, and 25. He might well
shrink from the labour of exploring the hundreds of articles contained
in "The Hague Conventions" in order to ascertain which of the articles
suggest some modification of the English statute.
Public-domain text, read in full here on John Shaqi.
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