HC Deb 16 March 1911 vol 22 cc2428-30
Mr. PICKERSGILL

asked whether the right hon. Baronet's attention has been drawn to the statement of the Lord Chief Justice of England that in his experience before international tribunals he had had to deal with the specific question as to the weight to be given to contemporaneous documents which had passed between nations at the same time as a treaty or convention, and it was impossible for anyone who was an international lawyer to say that a tribunal would regard a report of the character of the Renault Report as having a conventional force; that if the Renault Report was to be regarded as having conventional weight, it should be made a part of the convention; and whether he still adheres to the statement which he made to the Edinburgh Chamber of Commerce on 9th November last, that if the proposed International Prize Court is set up at the Hague, it will be bound, when applying the provisions of the Declaration of London as between the signatories, to construe the text in conformity with the terms of the Renault Report?

Sir E. GREY

My attention has been called to the statement of the Lord Chief Justice referred to, but I am informed that there was a subsequent observation made by him on this point in answer to a question put by Lord Courtney of Penwith, which must also be taken into consideration. The reports referred to by the hon. Member are not correctly described as "M. Renault's Report." They were, in fact, the Report of the Second Peace Conference on the International Prize Court Convention, and the Report of the London Naval Conference on the Declaration of London. Reports of this nature, adopted by a formal vote of an International Conference for the express purpose of affording an authoritative commentary on Conventions concluded by the signatories, stand on a different footing altogether from ordinary diplomatic correspondence or protocols recording the views of individual Governments or delegates. The answer to the second part of the question is in the affirmative.

Mr. PICKERSGILL

Will the right hon. Baronet state upon what authority his original statement was made as against the very high authority I have quoted?

Sir E. GREY

The original statement was made on what is plain, from the nature of the proceedings, and which I stated in this answer, that the reports were adopted by a formal vote of an International Conference, and were, therefore, not on all fours with the instances referred to by the Lord Chief Justice.

Mr. PICKERSGILL

On what authority does the right hon. Gentleman state that the report of the Reporting Committee would be binding upon the tribunal?

Sir E. GREY

On the authority of the formal vote of the International Conference.

Earl WINTERTON

asked whether any pourparlers have taken place between His Majesty's Government and the Government of the United States as to the composition of the tribunal for settling international disputes foreshadowed in President Taft's statement?

Sir E. GREY

The answer is in the negative; the point could not arise till some proposals were under consideration?

Earl WINTERTON

asked whether the willingness of His Majesty's Government to enter into an arrangement with another Power of first-class importance to refer all international disputes to arbitration has been submitted to the Government of His Imperial Majesty the Mikado of Japan; and, if so, whether he will lay their answer upon the Table of the House?

Sir E. GREY

The Japanese Government are aware of the views of His Majesty's Government. The answer to the last part of the question is in the negative.

Earl WINTERTON

In view of the great interest taken in this question at present will the right hon. Gentleman reconsider his decision not to lay these papers on the Table of the House?

Sir E. GREY

At this stage of the proceedings such a course would be quite premature, even if there were any papers to lay on the Table, which. I have not admitted in my answer.

Earl WINTERTON

Will the right hon. Gentleman consider the point whether he could do so in the future. Does he propose to apply to the Japanese Government?

Sir E. GREY

It would be quite undesirable after I have stated that the Japanese Government are aware of the views of His Majesty's Government to lay on the Table at this stage Papers relating to what has passed between the two Governments.

Earl WINTERTON

Officially aware or aware from the newspapers?

Sir E. GREY

I think the Noble Lord must be content with my answer that they are aware of the views of His Majesty's Government. I have expressly stated if any communications had passed this would not be the time to make them public. Obviously, therefore, I cannot reply further.