HC Deb 11 December 1952 vol 509 cc647-9
23. Mr. Lewis

asked the Secretary of State for the Home Department if his attention has been drawn to the case of two girls, aged 15 and 16 years, who were illegally abducted to give evidence at an American court-martial at Burtonwood Camp, Lancashire, of the refusal of the American authorities to allow these juveniles to have their parents present during interrogation; whether he will make a protest to the appropriate American authorities; and whether he will make a statement.

Sir D. Maxwell Fyfe

My inquiries show that the two girls were properly summoned to give evidence at the court-martial. For their convenience they were driven in an American service vehicle from Stockport to Burtonwood Camp. The refusal of the driver to take the girls' relatives was due to a mistake at the camp. I am assured by the United States authorities that it is their policy to encourage the attendance of the witness's parent or guardian in cases of this kind and that instructions have been issued which should prevent recurrence of this incident.

Mr. Lewis

While thanking the Home Secretary for the latter part of that answer, may I ask whether his attention has been drawn to the remarks made in connection with this case by the Chairman of the court which dealt subsequently with these girls? Counsellor Bennett said: It seems extraordinary that authorities outside our jurisdiction can pick up juveniles and take them away to give evidence without being accompanied by their parents, which is the usual procedure in our courts. Does the Home Secretary subscribe to that general point of view?

Sir D. Maxwell Fyfe

I have just indicated that I have secured the assurance that instructions have been issued which will prevent a recurrence. I do not think I can do any more.

Mr. Bowles

Are we now liable to American subpoenas?

Sir D. Maxwell Fyfe

The procedure is that under orders made by the Army Council and the Air Council under paragraph 2(3) of the Schedule to the United States of America (Visiting Forces) Order. 1942, the United States authorities have power to summon a civilian witness to give evidence at a court martial. [HON. MEMBERS: "Oh."] That has been in existence, as I have indicated, for 10 years. The sanction, I would recall to the hon. Member, is that a witness who disobeys such a summons may be tried and punished by a British court under the provisions of the Army and Air Force Act.

Mr. Lewis

Will the Home Secretary look again at the first part of his answer, because it was reported to the court that the father and mother of these girls did ask the American authorities to be allowed to accompany their children? The Home Secretary has said that the driver was mistaken, but the court record is directly contradictory to the information which the right hon. and learned Gentleman has been given.

Sir D. Maxwell Fyfe

What I said—I do not want there to be any doubt—was that the refusal of the driver to take the girls' relatives was due to a mistake at the camp, and it is that mistake which, I have been assured, will be obviated in the future.

Mr. Bellenger

Will the right hon. and learned Gentleman take note that there is considerable disquiet that British subjects can be dealt with in what seems to be a high-handed manner like this, and that he should take steps to protect these British subjects?

Sir D. Maxwell Fyfe

I do not think that in the circumstances as given to me there has been any high-handed action. In the ordinary way, the American authorities are liable to pay the expenses of bringing a witness to the camp where the trial is being held. In some cases, especially in the case of remote camps, it is easier, as the right hon. Gentleman will appreciate, that they should send transport to carry the witnesses. As I say, I have the assurance that in future, so far as any human measures can be taken to prevent it, there will not be cases where girls are taken without their parents or guardians.