HC Deb 11 June 1913 vol 53 cc1603-4
17. Mr. MITCHELL-THOMSON

asked the Secretary of State for the Colonies what is the present position in regard to the proposed transfer of the Masai from the Northern Reserve?

Mr. HARCOURT

The transfer has been completed.

Sir W. BYLES

There has been a great deal in the newspapers about this. May I ask whether the Colonial Secretary has any correspondence or information on the subject which he can give to the House?

Mr. HARCOURT

I do not think that there is anything worth laying on the Table at all.

Mr. T. E. HARVEY

Is it not a fact that recently the High Court of British East Africa granted an injunction against the Attorney-General that the transfer should not be completed while the action brought by certain Masai was pending, and is it not also a fact that an appeal has been, or will be, lodged against the decision of the Court that it has no power to try this action?

Mr. HARCOURT

It is a fact that an injunction was issued by the Court, but it was issued three days after the whole transfer had been completed. As to the appeal, I have heard that one may be lodged, but I know nothing officially of that. If it is being lodged I should not wish to discuss it, the matter being sub judice.

Mr. HARVEY

In view of these facts, will the right hon. Gentleman lay further Papers as to the action of the Government in completing the transfer when it was known that, at the time such transfer was being made an injunction was being sought against it; and does he not consider this to be a grave matter of public interest which demands further information?

Mr. HARCOURT

The transfer was going on months ago. It was only the conclusion of the transfer that was taking place when the action was raised.

Mr. HARVEY

Is the right hon. Gentleman aware that there have been continual protests against the transfer, and that this is the first opportunity there has been for its being brought before the Law Courts, and will he reconsider his decision as to the publication of Papers?

Mr. HARCOURT

I do not think there are any Papers which can be published.