§ 4. Mr. Frank Byersasked the Secretary of State for the Colonies whether he has now considered the passage in the Report of the Commission of Inquiry into the disturbances on the Gold Coast in which the Commission emphatically condemn the provision in the Emergency Regulation of 11th March, 1948, which purports to deny to persons detained in pursuance of the regulation the right to challenge the legality of their detention either by habeas corpus proceedings or by other legal process; and whether he will give an assurance that His Majesty's subjects in the Crown Colonies will not in future be denied the right of access to His Majesty's judges.
Mr. Creech JonesI would invite the hon. Member's attention to the comment on this passage in the Commission's Report which is made on page 5 of the published statement by His Majesty's Government on the Report. I am bringing to the notice of all Governors the necessity of safeguarding the right of access to the courts by the insertion, where necessary, in local legislation of a provision of the nature proposed in the statement.
§ Mr. ByersHow was it that the Colonial Office could permit this denial of justice to take place in the Colonies; and does the Minister's answer mean that from now on, as far as this aspect is concerned, civil liberties will be safeguarded?
Mr. Creech JonesAs far as possible civil liberties are safeguarded, but the Gold Coast Government at the moment are considering the revoking of this particular Clause in the Emergency Regulation.
§ Mr. BeechmanIs the Minister sure that this provision is not ultra vires, and will he have inquiries made?
Mr. Creech JonesThe matter was fully explored by the Commission which went to the Gold Coast and we are acting on the recommendations of the Commission.