§ 39. Mr. Julius Silvermanasked the Secretary of State for the Colonies if he has any statement to make with regard to the recent arrest of six members of the United Gold Coast Convention.
Mr. Creech JonesIt is provided in the emergency regulations made under the Emergency Powers Order in Council, 1939, that the Governor may detain and remove by order any person for the purpose of public safety and the maintenance of public order. In the opinion of the Governor and of his advisers it became necessary, on information received as to the activities and intentions of these six persons, to make such orders to restrict their movements, and orders were accordingly made on 13th March. The Governor has emphasised that his action is purely preventive and in the interests of public safety. The persons in question are not under detention, but their movements are restricted to a certain area. The orders will, of course, be subject to review, and the six persons will be given every opportunity of appearing before the Commission of Inquiry which is shortly to proceed to the Gold Coast from this country.
§ Mr. SilvermanAm I to understand from my right hon. Friend's answer that no charge is being preferred against these men, and that there is no evidence to support a charge?
Mr. Creech JonesThe action of the Governor was due to the emergency arising from certain activities of this group of men.
§ Mr. Frank ByersIs it not a fact that far greater power has been taken within the last fortnight than has ever been required in this country or the Gold Coast since 1939, and would the Minister give an explanation as to why it has suddenly become necessary to use in peacetime powers which were never exercised in this country in wartime?
Mr. Creech JonesA very grave emergency arose in the Gold Coast, but the Commission of Inquiry will be making the fullest investigation into the whole matter.
§ Mr. CarmichaelIs it not the case that these six men were restricted in their movements because of their activity in the trade union world and their attempt to organise the workers there?
§ Mr. DonnerIs it not a fact that there is the utmost confidence in the judgment and experience of the Governor?
§ Mr. GallacherIs it not the case that, along with the arrest of these men, the Governor has issued a statement controlling the Press in the manner stated in this document, which is something that has never applied before in any Colony, and will the Minister put an end to this position?
§ Mr. Oliver StanleyIs it not also a fact that, on this occasion, a number of lives was lost, and would it not be better to await the report of the Commission of Inquiry which can give us both sides of the case?
§ 40. Mr. Frank Byersasked the Secretary of State for the Colonies whether an application has been made to the courts in the Gold Coast, on behalf of the six men recently arrested under the Government's Emergency Powers, for a writ of habeas corpus; whether such application was or was not entertained, and whether he will give an assurance that no action has been taken by the Government of the Gold Coast to prevent the courts entertaining such application.
Mr. Creech JonesAccording to information received from the Governor, no application had been made to the court for a writ of habeas corpus up to 21st March. I understand that the Emergency Regulations at present in force in the Gold Coast contain a provision to the effect that no legal proceedings may be brought calling into question the legality of anything done under the particular regulation under which the movements of the six men were restricted.
§ Mr. ByersIs it not a matter of elementary justice that an individual in a British Colony in any part of the world should be allowed at least to apply for a writ of habeas corpus? May we have an explanation as to why this totalitarian power has suddenly been clamped down, which is a complete denial of the rule of law and of the individual liberty of the subject?
Mr. Creech JonesI am not aware that that is the position. These powers were given under the 1939 Order. It is quite true that an emergency had arisen which compelled the Governor to secure the dispersal of these men, otherwise certain consequences of very grave danger to the Colony would have followed.
§ Mr. ByersCan an application now be made by these individuals for a writ of habeas corpus, and will it be entertained in the court?
Mr. Creech JonesI understand that so far no application has been made, but if an application were made it is very likely that under these regulations it would not lie.
§ Mr. PrittCould the Minister tell us in how many Colonies similar legislation exists, and could he define a police State?
§ Mr. ByersI wish to give notice that owing to the most unsatisfactory nature of the situation and of the reply, I shall take the earliest opportunity to raise the matter on the Adjournment.