HC Deb 22 February 1911 vol 21 cc1902-3
Mr. BUTCHER

asked the Prime Minister, upon what authority the Government relied for the assertion that the Re port of a Drafting Committee appointed by an International Conference, when such Report contains a reasoned commentary elucidating the provisions of a convention signed on behalf of the Powers represented at such Conference, becomes, if formally accepted by the Conference, an authoritative interpretation, binding on the signatory Powers, of the instrument so signed; whether any record of such a practice exists in any State paper or other authoritative document issued by the Government of this country or of any of the Powers represented by the Naval Conference in London"; and whether he was aware that a view on this subject, contrary to that entertained by His Majesty's Government, is held by such authorities as Professor Ullman of Vienna and Professor Fiore of Naples?

Mr. McKINNON WOOD

It is obvious that if the delegates who are sent by the respective Governments to attend a conference think it desirable to accompany the instrument which they sign by a commentary, which is described in the meetings of the Conference as an official commentary, which is accepted by the delegates on that footing, and which is formally adopted at a plenary meeting of the Conference, the commentary must be regarded as accepted by the Governments, unless the action of their delegates is disavowed. The object of such a commentary is to explain the meaning of the signed instrument, and to lessen the possibility of such ambiguities arising as are likely to occur subsequently in construing articles which are of necessity drawn up in very concise language; it is in this sense that the commentary becomes an "authoritative interpretation," because it is the explanation of the meaning which the signatories to the Convention have placed upon it themselves. I am not aware of any occasion having arisen for the drawing up of a State paper such as is referred to by the hon. and learned Member. I am not acquainted with the precise, views which may be entertained on this particular subject by Professor Ullman and by Professor Fiore.

Mr. BUTCHER

If this Conference is authoritative why is the Report, as well as the Convention, not signed by the Powers?

Mr. McKINNON WOOD

The Reports have never, in similar cases, been signed by the Powers. This Report has been accepted by the delegates. There is no previous instance in which the Report has been signed by the Powers.