HC Deb 30 April 1951 vol 487 cc844-6
53. Mr. Lionel Heald

asked the Secretary of State for Foreign Affairs whether he is aware that the Government of Iraq has recently enacted legislation discriminating against Jews, contrary to that Government's international obligations; whether he will cause immediate representations to be made, urging the rescision of laws Nos. 5 and 12 of 1951; and whether His Majesty's Government will, if necessary, take steps to secure the reference of the matter to the International Court of Justice in accordance with Article 37 of the Statute of 1945.

Mr. Younger

I would refer the hon. and learned Member to the reply which I gave on 23rd April to Questions put by my hon. Friends the Members for Stalybridge and Hyde (Mr. Lang) and Rossendale (Mr. Anthony Greenwood) and my hon. and learned Friend the Member for Leicester. North-West (Sir A. Ungoed-Thomas).

Mr. Heald

In view of the statement contained in those answers, to the effect that there was some doubt as to the obligations of the Iraq Government, has the hon. Gentleman reconsidered that matter in accordance with the request made to him and in the light of the legal considerations which have been put before him?

Mr. Younger

Yes, Sir. This is a very complicated legal matter which I can hardly answer satisfactorily in reply to a Question. I would only say that a working party's report was issued from the United Nations which took the view that there was doubt about the continuing legal validity of the old declaration, at least to the extent that it was in suspense for the time being, unless the United Nations wished to take the matter up.

Mr. Janner

Has my hon. Friend directed his attention to Article 10 of the Declaration which was given as a solemn declaration by Iraq when she was relieved of the Mandate, in which she stated that the stipulations of that Declaration so far as they affected persons belonging to racial, religious or linguistic minorities were declared to constitute obligations of international concern? Is he aware that the Permanent Court of International Justice was the body to which it was agreed that any dispute concerning these matters had to be referred, and that that has now been accepted by the United Nations as an obligation?

Mr. Younger

It really is not possible to conduct a long legal argument at Question Time. I think that the hon. Members are perhaps underestimating the effect of the demise of the League and have overlooked the fact that the United Nations does not automatically take on the obligations of the League.

Mr. Heald

Has the hon. Gentleman consulted the Law Officers of the Crown in this matter? If not, will he do so?

Mr. Younger

I am quite willing to consider the legal situation further, but I must say that from what I have seen the prospects are not very good.

Mr. Eric Fletcher

Is my hon. Friend aware that as a result of this discriminatory legislation, Jews are leaving Iraq at the rate of about 1,000 a week and are being absorbed in the State of Israel. Will he bear that in mind in our future relations with the State of Israel?