HC Deb 29 March 1909 vol 3 cc21-2
Mr. McARTHUR

asked the Prime Minister if he would state the view which His Majesty's Government took and the course which they intended to follow with respect to the rules of naval warfare recently formulated by the International Naval Conference, particularly on the following points: Would the rules, on ratification, be confined to the jurisdiction of the proposed international prize court, or would they be of general application as between and enforceable by the prize courts of the subscribing Powers; would Parliamentary sanction be necessary before the rules could be adopted by this country, whether they were restricted to the jurisdiction of the international prize court or were of general application as between the subscribing Powers; and, in either event, was it intended to submit the said rules to the consideration of Parliament prior to ratification?

The UNDER-SECRETARY of STATE for FOREIGN AFFAIRS (Mr. McKinnon Wood)

As to the first question, under Article 66 of the Declaration the subscribing Powers undertake to issue such instructions as may be necessary to insure its application in their prize courts. As the decisions of the British Prize Courts are founded on international law, and not on municipal enactments, the answer to the second question is that the Declaration will not require Parliamentary sanction in order to enable it to be applied. With regard to the third question, although there is no occasion to submit the rules formally to Parliament for approval, opportunities for discussing all important points in connection with them will no doubt arise; and, as has been previously stated, before the Prize Court Convention can be ratified legislation must be submitted to Parliament.

Mr. McARTHUR

Is it not the fact that some of these new naval rules differ from the rules recently adopted in our own Prize Courts?

Mr. McKINNON WOOD

Yes; I believe that that is the case.

Mr. McARTHUR

In that case would the hon. Gentleman's statement apply?

Mr. McKINNON WOOD

Not necessarily.