HL Deb 29 January 1968 vol 288 cc601-2
LORD BROCKWAY

My Lords, I beg leave to ask the second Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government what action has been taken to protest against the deportation from Southern Rhodesia to South Africa of Mr. Desmond Francis, who with his wife was arrested after crossing the Zambian border at Victoria Falls to check train times for relatives.]

LORD SHEPHERD

My Lords this is a complex problem. It appears from public statements that were made in Salisbury that Mr. Francis was detained under the Southern Rhodesia Emergency Powers Regulations. We regard the detention of Mr. Francis as illegal; but in present circumstances we were not in a position to remedy the detention or to prevent the deportation. As the noble Lord will be aware, Mr. Francis is a South African citizen, and we therefore are unable to make representations on his behalf to the South African Government. We are, however, in contact with the authorities in South Africa about his position on behalf of Mrs. Francis, with whom I am sure all noble Lords will sincerely sympathise in the misfortune that has befallen her.

LORD BROCKWAY

My Lords, does my noble friend appreciate that I recognise the character of that reply? May I ask my noble friend, first, whether this deportation is not by an illegal Government, which our Government do not recognise, and therefore has no authority from the supreme power in Southern Rhodesia; secondly, whether Mr. Francis's wife is not a British citizen; and thirdly, whether Mr. Francis is not liable to criminal proceedings in South Africa because he has married an English woman, contrary to the doctrine of apartheid, which we all deplore?

LORD SHEPHERD

My Lords, in regard to the first part of the question, my noble friend is quite right. This is an illegal act, both in the sense of detention and in the sense of deportation. With regard to Mrs. Francis, she is a United Kingdom citizen, and therefore, if she is in need of assistance, naturally, if she approaches the High Commission offices in Lusaka, we shall do all we can. Would my noble friend remind me of his third point?

LORD BROCKWAY

Yes, certainly. Is it not the case that, because this South African Indian citizen married an English woman he is liable to criminal proceedings when he returns to South Africa, due to the fact that he has not married in accordance with the apartheid doctrine, which we all deplore?

LORD SHEPHERD

My Lords, I thank my noble friend. It is quite true that Mrs. Francis was very concerned that her husband might be charged because he is of Indian origin and had married a European white person. However, I would inform my noble friend that just before coming into the House I received a message to the effect that such a charge is very unlikely to be proceeded with.

LORD BROCKWAY

My Lords, is my noble friend aware how grateful we are for that reply?