HC Deb 02 March 1911 vol 22 cc524-6
Mr. BUTCHER

asked the Secretary of State for Foreign Affairs, whether his attention had been called to the differences of opinion which exist as to the proper meaning of Article 33 of the Declaration of London, which declares that, Les articles de coatrabande conditionelle sont saisissibles s'il est établi qu'ils sont destinés à l'usage …. des administrations de l'état ennemi; whether the words, administrations de l'état ennemi, are to be construed as excluding all the civil departments of the enemy state; whether such view is in accordance with the illustrations given of the meaning of this Article in M. Renault's Report; and whether for the elucidation of this subject he will lay upon the Table the correspondence which has passed between the Foreign Office and the Bristol branch of the Navy League in continuation of the correspondence between those parties which has been already printed in Cd. 5418, but which did not go beyond the letter of 25th November, 1910, from the Foreign Office to the said Bristol branch?

Sir E. GREY

The words, "administrations de l'état ennemi" are expressly declared in the Report of the Committee of the Conference to signify departments of the central government. This necessarily includes its civil departments, but local or municipal bodies are expressly excluded. The later correspondence with the Bristol branch of the Navy League is not worth laying in addition to papers already published, but to remove any doubt on this point I am prepared to lay it.

Mr. BUTCHER

asked the Prime Minister whether, in those cases where the rules of international law as laid down in the Declaration of London differ from the rules of international law as laid down and applied by the Prize Courts of this country, such new or altered rules could be enforced as against our fellow subjects in this country or in our overseas dominions and possessions without the authority of and Act of Parliament?

Sir E. GREY

The Prime Minister has asked me to answer this question. The Declaration of London will be applied by the Prize Courts in the countries which ratify it as part of the law of nations. The answer to the hon. Member's question is, therefore, in the affirmative.

Mr. BUTCHER

When it is applied by the Prize Courts it corresponds with international law and therefore it would require the assent of Parliament.

Sir E. GREY

I understand that the assent of Parliament is not required to enable Prize Courts to administer international law.

Mr. BUTCHER

May I ask whether new laws which are to be enforced upon British subjects within British jurisdiction do not require the sanction of Parliament?

Sir E. GREY

If the hon. Member will put down a question as to the powers of Prize Courts generally, I will endeavour to answer it on the whole point, but I cannot answer a wide question of that kind without proper notice.