§ 3.16 p.m.
§ LORD BROCKWAYMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government what endorsement they have given to the Emergency Laws (Notstandsgesetze) promulgated by the Government of West Germany.]
§ LORD CHALFONTMy Lords, before the passage of the legislation by the German Parliament, the Three Powers jointly assured the Federal Government at the latter's request that, if these emergency laws were enacted, they would regard the rights temporarily retained under Article 5(2) of the Bonn Convention as having lapsed. Her Majesty's Government were not called upon to endorse the legislation in any way other than this, and indeed had no standing for doing so.
§ LORD BROCKWAYMy Lords, while thanking my noble friend for that reply may I ask him whether he is aware that in West Germany there is a great deal of opposition by liberal elements, including the trade union movement, and particularly the youth among the Social Democratic Party, to this legislation; and is there not a danger that emergency laws introduced to defend democracy may in time be used to defeat democracy? Is that in the minds of the Allies when they are considering the association with this legislation.
§ LORD CHALFONTMy Lords, so far the first part of the question is concerned, whatever opposition there may have been to this in Germany has been resolved by the due democratic process and the legislation has been passed by the German Parliament. We have every confidence in the basic stability and vigilance of the Federal Government, and its ability to protect the democratic process in Western Germany.
§ LORD BROCKWAYMy Lords, may I also ask my noble friend whether he is aware (there is no reason why he should be) that while I saw the original proposals I have not seen the Act in its final form; and can he confirm the fact that 1085 it includes the use of armed forces, the conscription of all men between the ages of 18 and 45, the suspension of trade union and civil rights, imprisonment without trial, and rule by decree without Parliamentary consent? And does he regard these as contributions towards democracy.
§ LORD CHALFONTMy Lords, whatever emergency contingency measures may be contained in this legislation, every society, however democratic it may be, needs to have this kind of emergency law. The effect of this law as my noble friend will know, so far as the interests of this country are concerned, is that it now gives to the Federal Republic of Germany the duty and responsibility of ensuring the protection of the security of all armed forces stationed on West German territory. That is the only direct interest that Her Majesty's Government have in this legislation, and we undertook that when it was passed we would transfer these responsibilities to the Federal Republic. We have no other direct interest in this legislation.
LORD INGLE'WOODMy Lords, can the noble Lord say whether it also includes a power to take away passports?