HC Deb 09 November 1911 vol 30 cc1789-91
Mr. HUNT

asked whether, under the Naval Prize Bill, the International Prize Court will have power to decide whether, in the case of war between two nations, when we are neutrals, the belligerents can lawfully turn their merchant ships into commerce destroyers in any part of the world, and use them to the same extent and in the same way as their ordinary warships to capture or sink British merchant ships; and whether, if the International Prize Court so decides, we shall be bound by its ruling?

Sir E. GREY

The question has been answered by the reply to the Noble Lord the gallant Member for Portsmouth yesterday.

Mr. HUNT

asked whether, under the Naval Prize Bill, if the International Prize Court decides that merchant vessels turned into commerce destroyers can be lawfully used by a nation at war with us in the same way as its regular warships to capture or sink our ships or neutral ships, it will be impossible for our shipowners or the owners of neutral ships to get any recompense or redress for ships captured or sunk by these converted pirate vessels; and will this have the effect of preventing foodstuffs being imported and therefore of producing famine and starvation in Great Britain?

Sir E. GREY

If Great Britain is at war, the legality of the capture or destruction of British merchant vessels cannot be come the subject of a decision by the International Prize Court at all. As regards the position of neutral owners, I would refer the hon. Member to the answer given yesterday to an inquiry by the Noble Lord the gallant Member for Portsmouth. The answer to the last part of the question is in the negative so long as the British Navy retains command of the sea.

Mr. HUNT

asked whether, under the Naval Prize Bill, in case we were at war with another nation, the International Prize Court can decide that our enemy has acted lawfully in turning his merchant ships into commerce destroyers, and in using them to the same extent and in the same way as his ordinary warships to capture or sink our merchant ships and neutral ships carrying foodstuffs to this country; and if the Court decides it to be lawful, should we be bound by this ruling?

Sir E. GREY

Action taken by an enemy against British merchant vessels when we are at war cannot come before the International Prize Court at all in respect of the ship. The International Prize Court could, of course, give decisions as regards neutral vessels, if appeals were brought before it. Such decisions would not affect our action as belligerents in dealing with enemy's ships.

Mr. HUNT

Are we to conclude that the Government is setting up an International Prize Court whose ruling they have no intention of obeying? Is not that very like the Preamble of the Veto Bill, which was for ornament and not for use?

Sir E. GREY

I do not follow the comparison. The International Prize Court deals with questions arising between belligerents and neutrals. As I explained at comparative length the other day in Debate, we do not regard that as affecting our rights as belligerents dealing with belligerents. Questions between belligerents and neutrals are one thing, and questions between belligerents and belligerents are another. Questions between belligerents and neutrals come before the International Prize Court, but not questions between belligerents and belligerents.

Mr. HUNT

Will the right hon. Gentleman make that plain to other nations, because nobody else understands it?

Mr. BUTCHER

Has the right hon. Gentleman yet informed any of the foreign Powers that it is his intention to treat the decisions of the International Prize Court, in the manner suggested?

Sir E. GREY

We have made public our statements with regard to what our view would be as to merchant vessels converted on the high seas into warships, if we were at war. We do not propose to make that action dependent on the consent of other nations at all.