HC Deb 21 June 1948 vol 452 cc926-7
30 and 31. Mr. Marlowe

asked the Secretary of State for Foreign Affairs (1) whether he is aware that British civilians in the British zone of Germany are punishable by Control Commission courts for offences unknown to the English law, including those contained in Ordinance No. 1 originally drawn up by S.H.A.E.F. and then intended only to apply to the German populace; that there is no right of appeal to any court in this country; and whether he will now overhaul the penal code applicable to such British subjects;

(2) whether he is aware of the growing discontent of British civilians in the British zone of Germany at being subject to a criminal code created by proclamation; and whether he will order that such British subjects shall only be tried before Control Commission courts for offences contained in the Common Law or Statute Law of this country.

Mr. McNeil

These officials, it is true, are subject to Military Government Ordinances, which make certain things offences in Germany which are not offences in the United Kingdom. The economic conditions of Germany and the necessity to control a black market render it necessary for transactions to be prohibited in Germany which can be permitted in the United Kingdom. Similarly, different measures of currency control pertain to the two countries. Discussions have been proceeding in Germany with a view to simplification and the Staff side of the zonal Whitley Committee has been fully consulted. I hope that a final decision will be reached before very long.

On the subject of a right of appeal, I would refer the hon. Member to the reply given by my right hon. Friend to his Question on 24th March.

Mr. Marlowe

Would the right hon. Gentleman consider sending out a commission of inquiry into this matter, because the present situation is somewhat unsatisfactory, and it is undesirable that British subjects in a British-controlled area should be under the jurisdiction of a law which is not recognised in this country?

Mr. McNeil

I doubt very much whether there are any facts which could be uncovered that are not already in our possession. However, if the hon. and learned Member would talk or write to me on this subject of a special inquiry, I will engage that my right hon. Friend shall consider it.