HC Deb 21 February 1911 vol 21 cc1715-7
EARL Of KERRY

asked whether resolutions, passed on the dates and at the places stated below, protesting against the action taken by Lord Gladstone in regard to the Umtali outrage, and forwarded to the High Commissioner for transmission to the Secretary of State, have yet been received by him: Electors and Ratepayers Association, Umtali, 29th December, 1910; Chamber of Mines, Salisbury, 6th January, 1911; public meeting, Hartley, 7th January; Town Council, Salisbury 11th January; public meeting, Bulawayo, 23rd January; and, if so, whether he will lay these resolutions, with his replies thereto upon the Table?

Mr. SWIFT MacNEILL

Before the right hon. Gentleman answers that question, may I ask him whether it is not the fact that the action of Lord Gladstone in the commutation of this sentence had the approval of the learned judge who tried the case?

Mr. HARRY LAWSON

Has the right hon. Gentleman's attention been drawn to the general condemnation of Lord Gladstone's action by the South African Press of all parties?

Mr. MacNEILL

The subsidised Press.

Mr. HARCOURT

I think in the position which I occupy it would be wiser if I did not reply to either of those questions, and reply only to the question on the Paper. The resolutions referred to have been received. No answer has yet been returned, and it is not proposed to lay Papers at present.

Mr. O'GRADY

Before the right hon. Gentleman sends out his reply will he make absolutely certain of the bona fides of these organisations?

Mr. HARCOURT

I shall inform myself on all the resolutions received.

Mr. MARKHAM

Can the right hon. Gentleman not say whether the sentence was commuted with the approval of the judge or not?

Mr. HARCOURT

Surely that is obviously a question of which, if it can be answered at all—as I doubt very much—I ought to have notice.

Mr. MacNEILL

It was stated by Lord Gladstone in a public memorandum, and is not the right hon. Gentleman aware that when a judge advises commutation of a death sentence that advice is always carried out?

Mr. HARCOURT

Any statement publicly made by Lord Gladstone is, of course, available to Members of this House.

Viscount HELMSLEY

Does the right hon. Gentleman still adhere to the view that it is outside the province of the Government to offer any comment on Lord Gladstone's action?

Mr. SPEAKER

That does not arise out of the question.

EARL of KERRY

In view of the very widespread feeling caused by Lord Gladstone's action, is it not advisable to give the fullest publicity to the reasons which prompted his decision, and led the Government to support it?

Mr. HARCOURT

Yes, if and when the papers are published, that publicity will be given to the reasons which have been stated by Lord Gladstone in his dispatch to the Commissioner.

EARL of KERRY

asked the Secretary of State for the Colonies if he will lay upon the Table a copy of the commission or other instructions under which the Crown's prerogative of mercy has been deliberately transmitted to the High Commissioner of South Africa without the possibility of the revision of his decisions by the Home Government?

Mr. HARCOURT

The power of the High Commissioner to remit or commute death sentences in Southern Rhodesia is regulated by Sections 53 and 56 of the Southern Rhodesia Order in Council, issued when the right hon. Gentleman the Member for West Birmingham was Secretary of State in 1898. It will be found in the House of Commons Return on the authority of the High Commissioner printed in 1905.