§ Mr. Fenner BrockwayI wish to raise a point of order, Mr. Speaker, concerning a matter of which I have given you notice, although I may have made it rather short, and on which I have given the Secretary of State for the Colonies notice, which I am afraid was even shorter. It is whether the arrest and detention, without charge, of a member of the Colonial Legislature set up by this House and without full self-government is a matter coming within the cognisance of this House as a breach of Privilege?
§ Mr. SpeakerThe hon. Member was good enough to give me notice, which was rather short, but was quite long enough for me to determine that no possible question of the Privileges of this House could arise from the circumstances which he is postulating.
§ Mr. Fenner BrockwayAccepting that reply, I beg to ask leave to move the Adjournment of the House under Standing Order No. 9, in order to call attention to a definite matter of urgent public importance, namely,
the arrest without charge and detention of Mr. Fanuel Odede, a member of the Legislative Council of Kenya.
§ Mr. SpeakerThe hon. Member asks leave to move the Adjournment of the House under Standing Order 9 on a definite matter of urgent public importance, namely,
the arrest without charge and detention of Mr. Fanuel Odede, a member of the Legislative Council of Kenya.I regret to say that this matter does not fall within the Standing Order. It has been done by due process of law, and I cannot myself make it agree with the terms of the Standing Order.
§ Mr. Fenner BrockwayMay I put this point to you, Sir? Mr. Odede is a nominated African Member of the Kenya Legislative Council. He has been detained without any charge and without any prospect of trial. Is it not a matter of urgent importance that a member of a Colonial Legislature is placed in that position and that the matter should be discussed by his House?
§ Mr. SpeakerI understand that this man has been detained under powers possessed by the Governor to deal with the emergency. Even in our own case, where an hon. Member of this House was detained under similar emergency legislation during the war, it was held to be outside the Standing Order. I could not possibly ask the House to proceed to a debate on this matter without violating all the precedents.
§ Mr. J. GriffithsMay I ask, through you, Sir, if in view of the circumstances of this case——
§ The Prime MinisterOn a point of order, Mr. Speaker. Have you not given a definite Ruling in this matter, and is it not contrary to the procedure of the House that matters of this kind, under this rule, on which a definite Ruling is given by the Speaker, are subject subsequently to interrogation and debate?
§ Mr. SpeakerThat is perfectly true, but I did not understand that the right hon. Gentleman was rising to debate the matter.
§ Mr. GriffithsIf the Prime Minister had waited for a minute, he would have heard that I was not challenging your Ruling, Sir, but was asking whether, in view of the importance of the matter, he would take an early opportunity to make a statement.
§ Mr. SpeakerThat is a matter for the right hon. Gentleman the Secretary of State for the Colonies.
§ Mr. SpeakerOrder, order. What the right hon. Gentleman asked was whether the Colonial Secretary will take an early opportunity of making a statement on the matter, and I think that is a matter for him.