HC Deb 01 August 1946 vol 426 cc1213-4
50. Mr. Stokes

asked the Chancellor of the Duchy of Lancaster whether his attention has been called to the sentence of death, passed on a 23-year-old German youth by a military court at Hanover for displaying a portrait of Hitler on 1st May; and whether he will have this sentence quashed.

Mr. J. Hynd

All death sentences passed by Military Government courts are reviewed by the Commander-in-Chief. As this case is still under review, it would not be proper for me to make any comments at present.

Mr. Stokes

Is my hon. Friend aware that, as stated in full in the "Manchester Guardian" on 17th July, this was the reason for the sentence of death? What would happen to a man who exposed a photograph like this photograph I hold in my hand, showing Stalin shaking hands with Ribbentrop? Would that man be condemned to death also?

Mr. Hynd

I must point out that the reason given in the Question for the sentence is by no means the complete story, but I cannot make any further comment, obviously, as the case is being reviewed by the Commander-in-Chief.

Mr. Quintin Hogg

Will the hon. Member give an assurance that this death sentence will not be carried out until he himself has considered it?

Mr. Hynd

I am advised that I have no powers to overrule any decision the Commander takes, although I have no doubt that the fact that the Question has been raised here will be brought to the notice of the Commander-in-Chief.

Mr. Hogg

Will the hon. Gentleman convey to the Commander-in-Chief that many hon. Members in many quarters of the House are very much concerned about this matter?

Mr. S. Silverman

Are we to understand from my hon. Friend's last answer that people can be sentenced to death by British courts, or British authorities, without anybody in this House being responsible to the House?

Mr. Hynd

It must be understood, surely, that this is an occupied country, that a legal system has been laid down, that a system of appeals has been arranged, and that the highest appeal within the law is to the Commander-in-Chief. I am rather surprised at my hon. Friend the Member for Nelson and Colne (Mr. S. Silverman) suggesting that there should be a departure from the tradition that the courts, once the law has been established, should not be subject to any pressure from this House.

Mr. Stokes

rose

Mr. Speaker

We are getting a long way from the original Question.

Mr. Stokes

On a point of Order. In case this is allowed to go by default, I wish to give notice that, as the Commander-in-Chief is clearly responsible to the Secretary of State for War, to whom I addressed the Question, I will raise the matter on the Adjournment.