HC Deb 20 August 1881 vol 265 cc597-600

Order for Committee read.

Bill considered in Committee.

(In the Committee.)

Clauses 1 and 2 agreed to.

Clause 3 (Endorsing of warrant for apprehension of fugitive).

MAJOR NOLAN

said, it was proposed to confer the power of arrest upon the Governors of every Province of Her Majesty's Dominions, in addition to Judges and Magistrates. To the last he saw no objection; but he would suggest that after the words "Governor of that possession," there should be inserted the provise—"if there is no Judge of a Superior Court in that part." The effect would be that where there was such a Judge, the power would be vested in him and not in the Governor. If, however, he was assured that what the Bill proposed was now the rule, he would not press the Amendment, for he did not want to restrict existing power. But he thought the power to issue the warrant should rest with the Judge.

Amendment proposed, in line 26, after the word "possession," to insert the words" if there is no Judge of a Superior Court in that part."—(Major Nolan.)

Question proposed, "That those words be there inserted."

MR. COURTNEY

said, he could assure the hon. and gallant Member that the practice that the Bill would provide was that which at present prevailed. The warrant would be only that for the apprehension of the offender, not for his extradition. He would be brought up subsequently before the magistrate, when the question of extradition would be considered.

MAJOR NOLAN

asked leave to withdraw his Amendment.

Amendment, by leave, withdrawn.

Clause agreed to.

Clauses 4 to 8, inclusive, agreed to.

Clause 9 (Offences to which this part of the Act applies).

MR. T.P. O'CONNOR

said, among the offences enumerated were those of treason and piracy. It might suit the convenience of the authorities to put a very broad interpretation on the word '' treason," but it was altogether contrary to the usual practice for fugitives to be extradited for political crimes. If an Englishman were accused of a political crime, and took refuge in France, the French Government would not extradite him at the request of the English Government; and the same thing would be done by an English Government, or would have been done when Liberalism meant Liberalism—he was not sure what might he done now. But it used to be a dogma of English rule that such extradition should not take place for political offences. Why should a different practice be introduced in their relations with Colonial Governments to that which obtained in their relations with Foreign Nations? The word, he thought, ought to be left out.

Amendment proposed, in line 7, to omit the words "treason and."—(Mr. T. P. O'Connor.)

Question proposed, "That the words proposed to be left out stand part of the Clause."

THE ATTORNEY GENERAL (Sir HENRY JAMES)

said, the Government could not possibly agree to this. Of course, the reason why, as between Nations, the one did not recognize political offences committed against the Government of the other, was because the one Government did not inquire into the laws of the other. But, as regarded the Mother Country and her Colonies, the authority of the Crown extended over the whole. The result of allowing such an Amendment would be that a person in this country might pass over to a Colony and yet not be made answerable to a law general to both the Colony and the Mother Country.

MR. H. G. ALLEN

said, even if the Amendment were accepted it would not have the effect of excepting treason from the list of offences, for, although the word should be blotted out where it was expressed, it would be at once re-inserted by necessary implication from the words concluding the clause.

MR. T. P. O'CONNOR

asked, was that so?

MR. COURTNEY

said, yea; it was usual to have the crimes defined in every place.

Question put and agreed to.

Clause agreed to.

Clauses 10 to 31, inclusive, agreed to.

Clause 32 (Power of legislature of British possession to pass laws for carrying into effect this Act).

On the Motion of Mr. COURTNEY, Amendment made, in page 12, line 29, after "direct," by inserting "if it seems to Her Majesty in Council necessary or proper for carrying into effect the objects of this Act;" in page 12, line 30, by leaving out "have effect;" and in page 12, line 31, after "alteration," by inserting "be recognised and given effect to."

Clause, as amended, agreed to.

Clauses 33 to 36, inclusive, agreed to.

Clause 37 (Application of Act to, and execution of warrant in, United Kingdom, Channel Islands, and Isle of Man).

On the Motion of Mr. COURTNEY, Amendment made, in page 14, line 5, after "of," by inserting "England and of."

Clause, as amended, agreed to.

Clauses 38 to 41, inclusive, agreed to.

Schedule agreed to.

House resumed.

Bill reported, with Amendments; as amended, to be considered upon Monday next.