HC Deb 03 May 1939 vol 346 cc1874-5
58. Mr. Silverman

asked the Secretary of State for the Colonies on how many occasions within the last 20 years has habeas corpus been abrogated or suspended in any part of the Colonial Empire, and where; under what powers such abrogation of the rule of law can be effected by subordinate parliaments or other local governments; and whether the approval of His Majesty's Government is sought in each case?

Mr. M. MacDonald

As the reply is long, I will, with the hon. Member's permission, circulate it in the OFFICIAL REPORT.

Mr. Silverman

Does the right hon. Gentleman not consider that at a time when other nations' claims for the return of colonies are resisted by His Majesty's Government on the ground of the nature of those countries' rule, it would be advisable to review very carefully any such abrogation of the rule of law in colonies for which we are responsible and not permit it to occur without the direct approval of the Government?

Mr. MacDonald

I think that if the hon. Member will study the answer which I propose to circulate he will see that the position is perfectly satisfactory.

Following is the reply:

As regards the first part of the question, the information for which the hon. Member asks could not be made available without very considerable research, which I do not consider would be justified. As regards the latter part of the question, the general power of legislation possessed by Colonial legislatures would enable them to abrogate the right to obtain a writ of habeas corpus from a court in the Colony, but Colonial legislation must be submitted to the Secretary of State for the signification of His Majesty's pleasure, and is subject, therefore, to disallowance by His Majesty on the advice of the Secretary of State. I am not aware of any Colonial law which contains such a provision except in the rare case of a special ordinance providing for the detention of a political prisoner. In those dependencies to which the Emergency Powers Order in Council, 1939, applies, the Governor may, in case of emergency, bring the order into operation by Proclamation, and he may then make such regulations as appear to him to be necessary or expedient for securing the public safety, the defence of the territory, the maintenance of public order and the suppression of mutiny, rebellion or riot.