HC Deb 22 October 1946 vol 427 cc1473-4
50. Brigadier Mackeson

asked the Chancellor of the Duchy of Lancaster, how many people of British nationality have been under arrest or in prison in Europe under wardership which was not British; and if any British ex-Serviceman has been under German wardership for more than three months.

Mr. J. Hynd

I can, of course, only answer for Germany and Austria, and the only figures which are immediately available for both these countries relate to the British zones. On 1st September, 1946, I am informed that three British nationals were serving sentences in the British zone of Germany and none in the British zone of Austria. In the time available I have been unable to confirm what earlier cases there may have been. I am having inquiries made into this point and into the second part of the Question and will communicate with the hon. and gallant Member later.

52. Brigadier Mackeson

asked the Chancellor of the Duchy of Lancaster by what authority a British civilian is required to serve a term of penal servitude or imprisonment under German warders on a scale lower than that received by convicts in the United Kingdom.

Mr. J. Hynd

British civilians charged with offences under military government law are tried by military government courts established by authority of the Commander-in-Chief. As I stated in reply to the hon. and gallant Member on 14th October, the scale of rations is under consideration.

Brigadier Mackeson

Is the Minister still not in a position to take some steps to stop this very undesirable state of affairs and the unfair treatment that these Englishmen are receiving abroad?

Mr. Hynd

I cannot admit that there is unfair treatment, but the fact remains that there are unfortunately cases where even Englishmen are guilty of very serious misdemeanour in Germany. The legal position is that if they are tried by a military government court for a breach of military government law it is not permissible for them to be imprisoned in England. That would require legislation.

Brigadier Mackeson

On a point of Order, Mr. Speaker. May I ask your guidance in this matter? Is it possible for me to raise this matter on an Adjournment since it requires legislation, surely something can be done to stop these men receiving only German rations?

Mr. Speaker

I do not think rations would require legislation.

Mr. Hector Hughes

Can the Minister not take steps to have these men brought to British prisons and placed under British warders?

Mr. Hynd

If they commit offences against British law they can be brought to Britain and tried by British courts. Under military government law and the conditions in Germany that is not permissible in the cases under discussion. In reply to the point made by the hon. and gallant Member opposite, the question of rations, as I have already said twice, is being very carefully considered although it is no easy problem.

Mr. Rees-Williams

Would it be possible for the Minister to take over one of the smaller prisons in the British zone and use it solely for British prisoners?

Mr. Hynd

The number of British prisoners at the moment is three only, and I hope it will not increase but decrease. There are, however, other Allied nationals to be considered and justice must be done to their criminals as well. There are many nationalities concerned, Czechs, Poles, Yugoslavs and others, which is one of the reasons why it is not possible to have purely British staff and officials.

Brigadier Mackeson

I beg to give notice that I will raise on the Adjournment the question of the treatment of British prisoners who have been sentenced for offences in Germany.