HC Deb 29 March 1887 vol 312 cc1782-4
MR. LABOUCHERE (Northampton)

asked the Under Secretary of State for Foreign Affairs, Whether Zebehr Pasha is still in confinement at Gibraltar; and, if so, how long it is intended to retain him there; whether he has ever been condemned to imprisonment by any tribunal; and, whether he has ever had an opportunity to reply to any charges which may have been brought against him, or even been made aware of the charges; what these charges are; whether it is in accordance with law to retain a man in prison in a British fortress for above two years; who is not a subject of Her Majesty; who is the native of a country with which this country is not at war; who has never been condemned to imprisonment by any tribunal; and who has never been informed of the nature of the charges against him; and, whether any individual, either a subject of Her Majesty or other, may be seized in his own house in the night, placed on board a British vessel, convoyed to a British fortress, and there detained as a prisoner, and the action of Habeas Corpus suspended in his respect by an order of the Governor of the Fortress in Council?

THE UNDER SECRETARY OF STATE (Sir JAMES FERGUSSON) (Manchester, N.E.)

Zebehr Pasha is still detained at Gibraltar. On every ground, Her Majesty's Government are very desirous to release him as soon as this shall be deemed expedient with reference to the security and tranquillity of Egypt. The question of doing so is at this moment under consideration. Similar Questions to those of the hon. Member were asked and answered in 1885. My Predecessor, Lord Edmond Fitzmaurice, informed the House that he had been arrested on grounds of military necessity; and Mr. Evelyn Ashley subsequently stated that an Ordinance was passed by the Governor of Gibraltar authorizing his detention there. The then Attorney General (Sir Henry James) also explained that the necessary steps had been taken to render it legal. I may mention, as the hon. Member speaks of retention in a fortress, that, as a matter of fact, Zebehr Pasha has all along inhabited the summer residence of the Governor, and his detention has been rendered as little disagreeable as possible.

MR. LABOUCHERE

Will the Under Secretary give an answer to the last part of the Question?

SIR JAMES FERGUSSON

said, the Question was a hypothetical one. The necessary steps were taken to render the detention of Zebehr Pasha possible at Gibraltar.

MR. DILLON (Mayo, E.)

wished to know whether this gentleman had not a right to sue on a writ of Habeas Corpus?

SIR JAMES FERGUSSON

Certainly not. An Ordinance was passed in Gibraltar legalizing his detention there. As to the legal point, he must refer the hon. Gentleman to the answer given by the then Attorney General on the 30th of March, 1885.

MR. O'KELLY (Roscommon, N.)

asked, when the Government would be in a position to state upon what grounds Zebehr Pasha was detained; whether it was a fact that the British Government had utilized the services of this man during a considerable period in Egypt for the purpose of communicating with the rebels in the Soudan; and, whether it was not upon the failure of these negotiations that Zebehr had been arrested by the British Government on account of having communicated with the rebels, although it was at the instigation of the British Government that those negotiations had been opened by Zebehr?

SIR. JAMES FERGUSSON

said, he could not give any further information than that given by the late Government as to the detention of Zebehr Pasha; it was on the ground of military necessity or expediency.

MR. DILLON

gave Notice that, on the earliest opportunity, he would call attention to the cruelty of the continued detention of this Arab.