HC Deb 17 May 1909 vol 5 cc24-6
Sir GEORGE DOUGHTY

asked the Secretary of State for Foreign Affairs, whether a German gunboat arrested the steam trawler "General" when on the high seas in discharge of her calling, boarded her, and took her to Cuxhaven, where the captain was tried by a respon- sible German court for illegal fishing and was acquitted; whether this action resulted in the destruction of their valuable voyage of fish, damage to their ship, and loss to the captain and crew, and that under his instructions His Majesty's Ambassador at Berlin presented a claim for compensation to the German authorities, and that they decline to recognise it, giving as the reason that, although they failed to get a conviction in their own court, the evidence points to the probability that they were nevertheless guilty of unauthorised fishing; and whether it was his intention to require the German Government to pay compensation, or whether British fisher-men are to be insulted in this manner by being arrested, imprisoned, and robbed, without consideration and protection from their own Government?

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

I am aware of the details of the case referred to by the hon. Member, and of the claims for losses alleged to have arisen from the action of the German authorities. The German Government are of opinion, on the evidence before them, that the circumstances of the arrest of the steam trawler "General" justified the action of the officer of the German gun-boat, and that they cannot entertain a claim on the ground that the arrest was illegal. As regards the other points in the claim, I understand that a sum, considered to be fair compensation, was paid by the German authorities for damage to the "General," and that the German witnesses deny the charge of having prevented the captain of the "General" from icing and disposing of his catch. In these circumstances there is nothing further to be gained by diplomatic correspondence, and there does not appear to be ground on which a case for arbitration could be founded, without which I cannot move further in the matter.

Sir G. DOUGHTY

Is the right hon. Gentleman aware that this captain was tried in a German court and acquitted, and as damage was done to the ship and his cargo, does the hon. Gentleman consider the British Government ought to see he is compensated for his losses?

Mr. McKINNON WOOD

It is quite true that the captain of the ship was tried in a German court and acquitted, but that does not in itself give claim for compensation, because the trawler may have been acting, as the German Government alleges, in a suspicious manner, and there may have been justification for the arrest. Compensation was paid for the damage done to the ship. With regard to the other part of the claim, the allegations of the captain are denied by the first lieutenant, the boatswain, and the other sailors who took charge of the trawler. I have looked very carefully into this case, and am quite sure no further action should be taken.

Sir GEORGE DOUGHTY

This case was tried by a German court and acquitted by the Germans themselves. Ought not the German Government to be amenable to their own court in this matter? I should like to ask the hon. Gentleman whether British fishermen are in future not to expect any protection from the Foreign Office?

Mr. McKINNON WOOD

I would point out that the British Government do not admit that the mere fact that the captain had been arrested and acquitted was ground for compensation, if there were proper reasons for the arrest.

Sir G. DOUGHTY

May I ask whether the Foreign Office did not ask for the claim, for compensation. did not pass it, and did not send it in to the German Government

Mr. McKINNON WOOD

We did make representations, and we did do our best to, see that the claim of the captain of the ship was properly considered. We did not adopt the claim, as the hon. Member suggests, but we saw that a fair trial was, given to the case.