HC Deb 26 February 1947 vol 433 cc2048-50
19. Mr. Sorensen

asked the Chancellor of the Duchy of Lancaster whether, in the courts to be established by us in Germany, it will be possible for Germans to take action or to apply that action should be taken against British personnel alleged to have stolen German private property or to have refused to pay their debts; and whether German women will be able to apply for affiliation orders at those courts in respect of British fathers of their children.

Mr. J. Hynd

No, Sir. The discussions which I mentioned in my answer to a Question by my hon. Friend the Member for South Croydon (Mr. Rees-Williams) on 12th February concerned the possible setting up of a body to consider claims against British personnel acting in the course of their duty. In the Control Commission courts criminal proceedings can be taken against British personnel alleged to have stolen German private property. Should such proceedings result in a conviction the court has the power to order the restitution of the property or the proceeds thereof to the person entitled. Neither the Control Corn-mission courts nor German courts at present hear actions by Germans for recovery of goods or non-payment of debts or applications for affiliation orders against British personnel.

Mr. Sorensen

Why cannot these courts be so constructed as to be able to deal with this very important type of case in Germany? What is the real objection to that?

Mr. Hynd

Germany, of course, is an occupied country, and I think it will be clear to the House that the grant of facilities to the nationals of an occupied country to bring court actions against the occupying authorities would create a most invidious situation. It is a situation which could not be acceptable at the present time. I can, however, give my hon. Friend an assurance that, as far as German women are concerned, we are examining very carefully and sympathetically some means by which they can be protected.

Mr. Sorensen

Am I to understand from the Minister's reply that because we are an occupying Power in Germany normal fundamental human rights can he abrogated?

Mr. Hynd

No, Sir, but there are certain legal difficulties in connection with the bringing of actions by the German population against the occupying authorities. As I have said, it is not our desire or intention that they should be left unprotected.

Mr. Sorensen

What action is being taken?

Mr. Gallacher

Am I to understand from the Minister's reply that British soldiers actually commit this category of offence? I understood it was only the soldiers of another country who were guilty.

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