EARL Of RONALDSHAYasked the Secretary of State for Foregn Affairs if Tie could say whether the sentence passed on Miss Malecka involves the deprivation of all civil rights, and, after the four years' penal servitude, exile to Siberia for life?
§ Mr. KINGasked whether, in view of the fact that Miss Malecka was described both in the indictment and in the sentence as a British subject, it may be assumed that the Russian Government have abandoned their claim to treat her as a Russian subject?
§ Mr. WHITEHOUSEasked (1) whether the right hon. Gentleman could now state what representations he has made to the Russian, Government with regard to the conviction and sentence of Miss Malecka; (2) whether he has obtained any Report from the British Consul at Warsaw to the health of Miss Malecka; (3) if he can state whether Miss Malecka has entered notice of appeal against her sentence; and (4) whether he has now received the Report from the British Consul at Warsaw on Miss Malecka's case?
§ Mr. MORRELLasked whether the right hon. Gentleman has yet made full inquiries into the Report of the trial of Miss Malecka; and whether, in the event of his being satisfied that she cannot be proved to have been associated with any definite act of conspiracy or other criminal practice, he will make representations to the Russian Government on her behalf?
§ Dr. ADDISONasked whether Miss Malecka is permitted to receive letters and to see any of her friends; and whether she has yet been visited either by the British Consul or by any other person since her trial?
§ Mr. KINGasked (1) whether the Report which he has received from Warsaw concerning Miss Malecka's trial includes a verbatim report of the proceedings or only an abstract of the evidence, addresses of counsel, and the judgment of, the Court; and (2) whether there has been received at 1536 the Foreign Office any petitions, letters, or other communications protesting against the conviction of Miss Malecka?
§ Mr. DUNCAN MILLARasked whether the right hon. Gentleman can say when the sentence of hard labour on Miss Malecka will be enforced; and whether it will have to be served in a Siberian or a European prison?
§ Mr. RONALD M'NEILLasked whether Miss Malecka has been sentenced by a Russian Court to undergo a period of penal servitude involving exile to Siberia for life; whether she was described as a British subject in the indictment on which she was tried; and whether he will make an immediate and energetic representation to the Russian Government with a view to obtaining the lady's pardon and release?
§ Mr. NOEL BUXTONasked (1) whether the right hon. Gentleman has ascertained that the charge against Miss Malecka is one of association with Terrorists or of association with Socialists only; (2) whether he adheres to his original opinion that Miss Malecka is a British subject, and that the Foreign Office was justified in granting her the protection of a British passport, or whether he has adopted the Russian view that she is technically a Russian subject; and (3) whether the British Consul has visited Miss Malecka since the date of her conviction; and, if not, whether he has definitely obtained permission to do so?
§ Mr. PONSONBYasked whether Miss Malecka has been refused permission by the Procuror Jigin to see her lawyer or the British Consul?
§ Mr. ACLANDI have been in communication with the Russian Government on this subject, who state that it is impossible for them to say anything until they have been able to student the record of the trial, and that Miss Malecka has a fortnight from the 17th May in which to decide whether to avail herself of any means of appeal. They further state that there is incontrovertible proof of her Russian nationality, that the Court had made a mistake in describing her otherwise, and that in consequence the Consul can only visit her privately on the same footing and in the same way as other private persons. I have telegraphed to the Consul to apply for permission to visit Miss Malecka unofficially. The Consul informs me that the despatch of the full 1537 report was delayed by consultation with Miss Malecka's counsel, but that full particulars of the trial were sent by post on Saturday; they will presumably be received to-day or to-morrow. But meanwhile I can give the following information on points of detail. I am informed by the Consul that her counsel, acting on her instructions, is preparing a petition to the Emperor; her health is good; she is at present in Warsaw female prison and has a separate room. Pending a reply to her petition the sentence will be in abeyance, and if carried out will be served in the same prison in Warsaw. At present friends can visit her and letters should be sent to her counsel. When the full report of the trial has been received the whole case will be carefully considered by His Majesty's Government. Till that has been done I cannot make any full statement. I shall be ready to give what further information I can on Wednesday.
EARL of RONALDSHAYIs the hon. Gentleman not in a position to give an answer to the particular question which I put on the Paper as to what this sentence involves?
§ Mr. ACLANDThat is just one of the things we cannot say for certain until we have a full report of the trial.
§ Sir J. D. REESMay I ask whether an agitation which presumes that the Russian Courts are unjust and oppressive can fail to prejudice Miss Malecka's case before the Court of Appeal?
§ Mr. SPEAKERThat is a matter of opinion which His Majesty's Government cannot answer.
Mr. WILLIAM REDMONDWill the hon. Gentleman be good enough to convey to the Foreign Secretary the very widespread interest which is taken in this case, not only in this country, but also in Ireland, and the fact that there is a strong desire that special and particular action should be taken by the Foreign Office in regard to this matter in order to prove whether it is worth anyone's while to be a British subject at all?
§ Mr. ACLANDI think the House may be fully assured that a very deep interest is taken in this matter, and the very full appreciation by the Foreign Secretary of the feeling in this country on the subject, and the fact that we have already made communications with the Russian Govern- 1538 ment on that point, verifies what I have said on that question.
§ Mr. WHITEHOUSEArising out of the reply, I desire to ask whether the petition to the Czar the Under-Secretary referred to is the same thing as a formal notice of appeal; and, if not, if a formal notice of appeal has been given by Miss Malecka or her counsel?
§ Mr. ACLANDNo, Sir; we understand it was open to Miss Malecka to appeal on a point of law to a Committee of the Senate. It was also open to her to send a petition to the Czar, and we understand that she has elected to take the second course.
§ Mr. MORRELLMay I ask whether the Foreign Office is going to admit the contention of the Russian Government that she is a Russian subject, or whether they will not rather insist that the Russian Government, if they have made a mistake, should now be bound by their own mistake?
§ Mr. ACLANDI think hon. Members who desire to ask questions with regard to the point of nationality had better wait till we reach the question of the hon. Member for North Somerset (Mr. King).
§ Sir W. BYLESAs the report is expected to be received to-morrow and the House breaks up on Wednesday, can the hon. Gentleman promise a further statement before the holidays?
§ Mr. ACLANDI have already stated that the Secretary of State for Foreign Affairs will be willing to give any further information, possibly on Wednesday.
§ Mr. FALCONERMay I ask whether the lady in question has no right of appeal except on a point of law?
§ Mr. ACLANDI think I have made it clear that, so far as my information goes, she has a right of appeal to the Committee of the Senate on a point of law and a right of appeal to the Czar apart from any point of law.
§ Mr. FALCONERAm I to understand that, apart from the petition to the Czar, she has no right of appeal except on a question of law?
§ Mr. ACLANDAs we understand it, as appeal only lies to a higher court on a question of law or of procedure arising out of the trial itself.
Major AUSTRUTHER-GRAYCan the right hon. Gentleman inform the House how long a reply to these petitions usually takes? It will not be unduly prolonged?
§ Mr. ACLANDI have no information on that point. All we know is that until the petition has been presented and a decision has been come to upon it, sentence will not take effect.
§ Mr. RONALD M'NEILLCan the hon. Gentleman give us any assurance, apart altogether from the legal aspects of the case, and assuming the appeal, if made, goes against the lady, His Majesty's Government will take any steps with a view to obtaining a free pardon from the Russian Emperor?
§ Mr. ACLANDThe hon. Member's question is based on an assumption which I would rather not entertain.
§ Mr. BUTCHERMay I ask whether any explanation has been offered as to how it came about the Russian Court made the mistake, if it be a mistake, of describing this lady as a British subject?
§ Mr. ACLANDI have no information on that point.
§ Sir W. BYLESasked whether on several occasions the British Government has successfully intervened for the release of a British subject condemned in the Courts of a foreign Power?
§ Mr. ACLANDI have not referred to precedents, but I should think that the answer is probably in the affirmative.
§ Mr. KINGasked the Secretary of State for Foreign Affairs whether he has considered the various occasions on which the Government of this country has intervened on behalf of British subjects condemned in foreign Courts for purely political offences or on charges involving no moral turpitude; and whether he has found any applicable to the circumstances of Miss Malecka?
§ Mr. ACLANDAs regards the first part of the question, I would refer to the answer just given. The answer to the last part of the question is in the negative. The question of Miss Malecka's nationality formed the subject of correspondence with the Russian Government last year, which can be laid before the House if desired.
Mr. MacCALLUM SCOTTDo I understand the hon. Gentleman to say that in 1540 the view of the Russian Government the Russian Court was mistaken as to the fact of her nationality?
§ Mr. ACLANDThat was the effect of what I said in answer to the previous question.
Mr. MacCALLUM SCOTTIf the Court is mistaken on one question of fact may it not be mistaken in other facts, and1 ought there not to be an appeal?
§ Mr. SPEAKERThe hon. Gentleman cannot answer that question.
§ Mr. MORRELLIs it not a fact that during the eighteen months she was in Warsaw she was living all the time under a British passport?
§ Mr. ACLANDYes, naturally a person who under our law is, while in England, a British subject, would be granted a British, passport if she desired to visit a foreign country, but that does not exclude the-possibility that under the law of some other nation she might equally be the subject of that other nation when in that country.
Mr. FRED HALL (Dulwich)May I ask the hon. Gentleman whether a foreigner under the circumstances would be granted a British passport stating clearly thereon the "holder is a British subject"?
§ Mr. ACLANDIf she was a British subject in the eyes of the British law, she would be granted a British passport.
Mr. FRED HALL (Dulwich)May I ask the hon. Gentleman whether he or any Members of His Majesty's Government are of opinion that Miss Malecka was a British subject?
§ Mr. SPEAKERThe hon. Gentleman cannot answer a question of that kind.
Sir G. PARKERMay I ask the hon. Gentleman whether he will take it that it is the desire of the House that any correspondence which has passed between this country and the Russian Government should be laid on the Table?
§ Mr. ACLANDCertainly, the correspondence and papers are being now collected in order that they may be laid.
§ Mr. T. E. HARVEYCan they be laid before the House adjourns?
§ Mr. ACLANDIt would probably not be possible to get all the papers in print and distributed before Wednesday, but, of course, I will see what can be done.
§ Mr. MORRELLWill the hon. Gentleman consider the advisability of laying the first part?
§ Mr. ACLANDI will see what can be done.