§ MR. GRIFFITH-BOSCAWEN (Kent, Tunbridge)I beg to ask the Secretary of State for the Home Department whether any further steps have been taken to release Dr. Herz from the arrest under which he has been now for 27 months; whether the Government has received official medical reports during the past year concerning the prisoner's physical or mental condition; and whether these have been of a nature to warn the Government that it was trifling with his life to keep him in the present condition?
§ MR. ASQUITHThe "arrest" of Dr. Herz has consisted in the presence of a police constable in the same hotel in which he was lying ill. As it was represented to me that the fact of the officer being in the house was mentally disquieting to Dr. Herz, I recently took the responsibility of removing him. The answer to the second and third paragraphs is in the negative, and I must strongly deprecate the use of such phrases as that the Government are "trifling" with Dr. Herz's life. The French Government has demanded his extradition on very serious charges, and in reply to our suggestion that, in view of his state of health, they might withdraw their demand, they have, acting within their right, refused to do so. Under these circumstances, our course is prescribed by our treaty obligations, and those obligations have been and are being performed with the greatest consideration possible for the health of Dr. Herz.
§ MR. GRIFFITH-BOSCAWENArising out of the answer, may I ask whether it is not the fact that, although the policeman has been removed out of the hotel, he is not still in the vicinity, and is not his presence there as disquieting as it was in the hotel itself? I should 244 like to ask, further, who is paying for all this expeuse of keeping the policeman to look after Dr. Herz?
§ MR. R. W. HANBURY (Preston)I understand that the Government have a Bill to deal with this particular case?
§ MR. ASQUITHNo.
§ MR. HANBURYIf not with this particular case, yet with circumstances arising out of this case. I therefore wish to ask whether they will press this Bill forward, so as to deal with the case of Dr. Herz as early as possible.
§ MR. ASQUITHThe Bill to which the hon. Gentleman refers is one to amend the general law, but no doubt it was suggested by the circumstances of this particular case. So far as the statements which are made with reference to Dr. Herz are accurate, as to which I will say nothing, this Bill will not in the least degree improve his position, because it is quite obvious if he is too ill to leave his bed he is too ill to be examined by a magistrate. Now, although I should be glad, indeed, if he sufficiently recovers to put an end to what is to us an extremely expensive and very disagreeable duty, I cannot express any sanguine hope that such improvement will take place. It is true we are responsible for the policeman remaining in the town. I have taken care that he shall be removed from the house, and I have taken care, as far as possible, that Dr. Herz should not in any way be troubled by his presence; but I cannot be responsible as Her Majesty's representative to the French Government for the safe custody of Dr. Herz if I take the constable altogether outside the town. I really must make an appeal—and I am entitled to make it—that Englishmen shall believe that the English Government in this matter is doing nothing but what its treaty obligations with France require. In the performance of that duty we have shown every consideration possible.
§ DR. FARQUHARSON (Aberdeenshire, W.)Is not the right hon. Gentleman aware that the statements about the health of Dr. Herz are made on the authority of the highest medical men in London?
§ MR. ASQUITHThat is very possible; but I do not see what relevancy that has to the question. I am assured 245 that Dr. Herz is as ill as his medical advisers represent him to be. There is no reason to doubt it.
§ MR. GRIFFITH-BOSCAWENMay I ask, if the Bill of the Government does not apply to the case of Dr. Herz, do the Government propose to do anything, or is Dr. Herz otherwise to continue in this position until he dies?
§ MR. ASQUITHThe Government can do nothing beyond what they have done.