HC Deb 13 December 1948 vol 459 cc832-3
47. Mr. Piratin

asked the Attorney-General what steps are being taken to prosecute the United States soldier, David Frank Asay, on the charge of robbing and violently assaulting Noreen Dawkins at Liverpool on 8th November; and whether Asay is now in custody.

The Parliamentary Secretary to the Treasury (Mr. William Whiteley)

I have been asked to reply. I am informed that David Frank Asay is in the custody of the United States Air Force awaiting trial by court-martial in accordance with the provisions of the United States (Visiting Forces) Act, 1942.

Mr. Piratin

Of course, I appreciate the difficult circumstances, with the Chief Whip answering for the Attorney-General, but I should like him to look into this question. Is it the case that this American soldier is not subject to the laws of this country, in that he participated in this action with four other English people, and that although the four English people are being tried in an English court this American soldier is not being tried in an English court? May I ask whether the Attorney-General will, in due course, answer why there is one law for American soldiers stationed in this country and another law for English soldiers?

Mr. Whiteley

No. This case is being taken under the 1942 Act, which deals with all American citizens who are in this country. This soldier is, of course, being tried by court-martial.

Mr. Piratin

Then is this House to understand that the law of 1942, to which the right hon. Gentleman refers, involves not merely someone of American citizenship in uniform, but all Americans in this country who do not come within the jurisdiction of British courts?

Several Hon. Members

rose—

Mr. Speaker

Mr. Eden.

Mr. Eden

Is not the position—

Mr. Piratin

May I have an answer to my question?

Mr. Eden

I was asking a supplementary question. Mr. Speaker called me, if the hon. Member does not mind. Is it not the fact that this Act was passed by this House in the particular circumstance of American soldiers being in this country; and is it not further a fact that it applies only to Americans in uniform?

Mr. Whiteley

That is quite correct.

Mr. M. Lindsay

is the right hon. Gentleman not aware that the American Forces have always shown themselves exceedingly vigilant in punishing offences committed in this country?