DEPORTATIONS IN THE EMPIRE (Hansard, 2 June 1954)

HC Deb 02 June 1954 vol 528 cc1288-424 1288

§ Mr. Fenner Brockway
I beg to move, That leave be given to bring in a Bill to provide that no British subject or protected person shall be deported from, or rusticated in, British Colonies, Protectorates or Trusteeship Territories without a preceding trial. I ask approval for this Motion with confidence, for three reasons. The first is that the purpose of the Bill has been the stated aim of the Colonial Office since 1951. The second reason is that the purpose of the Bill represents the principles of British law which do not allow punishment without trial. No British subject can now be deported from this country. Even at the time of the Tolpuddle Martyrs, trial preceded transportation. I apologise to you, Mr. Speaker, for the ugly word "rustication" but it is the Colonial Office word for the detention of persons in distant and isolated places. In this country detention is not permitted without trial, except in the very exceptional circumstances of war.
The third reason is that the Bill represents a principle of the Charter of the United Nations and of the Declaration of Human Rights, Article 9, of which says that no one should be subjected to arbitrary arrest, detention or exile. Nevertheless, although this is the stated aim of the Colonial Office, although it is the principle of our law, and although we have accepted this principle in the Declaration of Human Rights, deportations without trial continue in the Colonies.
I submit to the House that it is intolerable that in British territories practices should be carried out which have been rejected in our own territory. This is not only a matter of Seretse Khama or the Kabaka, or of those who are better known. There are other men, equally patriotic in their motives, who do not come into the limelight and who suffer from this practice.
One recent case is that of Mr. Kiwanuka, the Vice-President of the National Congress in Uganda. He was first charged with publishing a seditious article. Against the desires of the prosecution, he was allowed out on bail. Two days later, he is again arrested under a 1289 special ordinance and kept in detention until his trial, when his trial comes, he is not sentenced to imprisonment, but only to a fine. Thereupon he is arrested under emergency laws, transported to the northern regions of Uganda, and is still detained there without any public charge having been made against him or without having had a public trial.
I venture to say that if any British subject in this country had been treated as Mr. Kiwanuka has been treated in Uganda, the whole of the British Press, Conservative no less than Liberal and Labour, would have protested against that repudiation of the principles of British justice. My Bill would prohibit deportations or rustication without trial except under circumstances of war or of violent strife.
I am introducing this Motion today because of impatience with the long delay of applying principles which the Colonial Office adopted three years ago. Then my right hon. Friend the Member for Llanelly (Mr. J. Griffiths) was our Colonial Secretary. In a debate on 8th March, 1951, he stated that he had begun consultations with the Governors and hoped to make a statement. Unfortunately, shortly after that debate, the Government were defeated, and that statement has not been made until this day.
My right hon. Friend the Member for Llanelly was modest in his statement to the House of what he had done. The present Colonial Secretary, 18 months later, on 22nd October, 1952, in reply to a Question by the hon. Member for Blackpool, South (Mr. R. Robinson), said that my right hon. Friend the Member for Llanelly had asked Colonial Governments which had not already done so to provide by legislation that judicial process should normally be obligatory before a British subject or British protected person is deported from or rusticated within the territory. He added: Most Governors have agreed and correspondence is proceeding in the outstanding Cases."—[OFFICIAL REPORT, 22nd October, 1952; Vol. 505, c. 119-20.] That was 18 months after the correspondence had begun, but, nevertheless, the reply was encouraging. The statement was that most Colonial Governors had agreed. No further information was available until 15 months later and then 1290 the Colonial Office announced a retreat upon this issue. On 9th February, 1954, Lord Winster, in another place, asked what progress was being made. The Earl of Munster, Under-Secretary of State for the Colonies, replied, and all he could say was this: My right hon. Friend has received replies from Colonial Governments to certain questions addressed to them, and the points involved, which are numerous and complex, are under consideration."—[OFFICIAL REPORT, House of Lords, 9th February, 1954; Vol. 185, c. 780.] October, 1952, most Governors had agreed. February, 1954, the Colonial Governments had replied to certain questions, and these were under consideration.
I am asking the House to give me leave to introduce this Bill because, in my view, the time has come when we should not accept further delay upon this issue. The Government have shilly-shallied through-out 1952, throughout 1953 and throughout half of 1954. It is time that the House ended this dishonour in our Territories, and I submit this Motion so that that may be achieved.

§ Mr. Hylton-Foster
I am sure that the House requires no reference to the Declaration of Human Rights to express its detestation of the idea of deportation or rustication orders being made without some kind of judicial inquiry first. Of course, we all hate it. But I am rising to ask the House not to give the hon. Member for Eton and Slough (Mr. Fenner Brockway) leave to introduce his Bill for a very good reason, because I believe that to do so would be to do grave harm to a cause which I am quite certain that he and I, and the whole House, hold high.
I do not want to fall into difficulties about the word "trial." I notice that in the hon. Member's Question for Written answer today, No.7, he has used the words "judicial process." I should like to adopt that phrase, if I may, because throughout the Colonies we have no form of trial which would do for universal application. It is better to call it "judicial inquiry" or "judicial process," by which I mean a place to which an independent person—or persons—comes, examines the evidence and weighs it up. That is what I think we ought to have before a deportation order is made.
If that is the way we feel about it, I see not the slightest reason why we should suppose that our colleagues in 1291 colonial legislatures do not also feel like that about it. There is no reason to belive that they lose their ordinary instincts of justice simply because they serve in a colonial legislature. I do not believe that they do.
The fact is, of course, that I do not know what the answer is to be to the hon. Member's Written Question. But I do know, because it is possible to find out, that the normal feature in colonial legislatures at present is to provide by legislation for a judicial inquiry before a deportation order is made. Of course, there are exceptions and every kind of variation, but it is now true to say that the normal thing is for a judicial inquiry to precede an order by legislative requirement.
The reason why I believe that the House would be ill-advised to give leave to introduce this Bill is purely this. The colonial legislatures, working in circumstances of varying difficulties, have only, in the course of time, made their own laws and legal provisions about their security, of which this matter is one. I think it would have the worst kind of result if we were to attempt, by the action of this House, suddenly and without full consultation, to override in different circumstances the views of all these legislatures. I believe that that would be a grossly retrograde step against all we seek to do.
Ever since the middle of the 19th century, at all events, the path we have all sought to follow has been that we should not legislate for self-governing legisla-

1292

§ tures without first getting their consent. We hoped that as colonial government went forward more and more countries would be brought into that category. This House should not seek to act in a retrograde manner by dictating, without consultation with those colonial Governments, what should be done.

§ It might be asked, "Why divide?" We all know that a Bill introduced under this rule at this stage has prospects probably not so good as those of an outsider in the division of my right hon. Friend the Member for Epsom (Mr. McCorquodale)—

§ Mr. Frederick Lee
An outsider has won it, anyway.

§ Mr. Hylton-Foster
I am obliged to the hon. Gentleman. We all admire the spirit of "Never Say Die" about these things.
The risk is there. We know how remote may be the prospects of such a Bill, but the audience to which we speak about these matters is a very large one and contains a large number of people who do not know the truth of the matter. I believe that it would be a thoroughly bad example if it went forth to the Colonial Empire peoples that in this House, without consultation with them, we are prepared to introduce a Bill to redirect their own legislative measures about security.

§ Question put, pursuant to Standing Order No. 12.

§ The House divided: Ayes, 176; Noes, 198.

1293

Division No. 134.]	AYES	[3.50 p.m.
Acland, Sir Richard	Castle, Mrs. B. A.	Fletcher, Eric (Islington, E.)
Anderson, Frank (Whitehaven)	Champion, A. J.	Follick, M.
Awbery, S. S.	Chapman, W. D.	Foot, M. M.
Bacon, Miss Alice	Chetwynd, G. R.	Forman, J. C.
Bartley, P.	Clunie, J.	Fraser, Thomas (Hamilton)
Bence, C. R.	Coldrick, W.	Gaitskell, Rt. Hon. H. T. N.
Benn, Hon. Wedgwood	Collick, P. H.	Greenwood, Anthony (Rossendale)
Blackburn, F.	Cove, W. G.	Granfall, Rt. Hon. D. R.
Blenkinsop, A.	Craddock, George (Bradford, S.)	Grey, C. F.
Blyton, W. R.	Crosland, C. A. R.	Griffiths, William (Exchange)
Boardman, H.	Cullen, Mrs. A.	Grimond, J.
Bottomley, Rt. Hon. A. G.	Daines, P.	Hale, Leslie
Bowden. H. W.	Dalton, Rt. Hon. H.	Hall, Rt. Hon. Glenvil (Colne Valley)
Braddock, Mrs. Elizabeth	Davies, Rt. Hn. Clement (Montgomery)	Hall, John T. (Gateshead, W.)
Brookway, A. F.	Davies, Ernest (Enfield, E.)	Hamilton, W. W.
Brook, Dryden (Halifax)	de Freitas, Geoffrey	Hannan, W.
Brown, Rt. Hon. George (Belper)	Deer, G.	Hargreaves, A.
Brown, Thomas (Ince)	Dodds, N. N.	Hastings, S.
Burke, W. A.	Dugdale, Rt. Hon. John (W. Bromwich)	Hayman, F. H.
Burton, Miss F. E.	Edelman, M.	Healey, Denis (Leeds, S.E.)
Butler, Herbert (Hackney, S.)	Edwards, Rt. Hon. John (Brighouse)	Herbison, Miss M.
Callaghan, L. J.	Fernyhough, E.	Holman, P.
Carmichael, J.	Fienburgh, W.	Holt, A. F.
Houghton, Douglas	Mason, Roy	Slater, Mrs. H. (Stoke-on-Trent)
Hoy, J. H.	Mellish, R. J.	Slater, J. (Durham, Sedgefield)
Hudson, James (Ealing, N.)	Messer, Sir F	Smith, Norman (Nottingham, S.)
Hughes, Cledwyn (Anglesey)	Mikardo, Ian	Sorensen, R. W.
Hughes, Emrys (S. Ayrshire)	Monslow, W.	Sparks, J. A.
Hughes, Hector (Aberdeen, N.)	Moody, A. S.	Strachey, Rt. Hon. J.
Hynd, H. (Accrington)	Morgan, Dr. H. B. W.	Summerskill, Rt. Hon. E
Hynd, J. B. (Altercliffe)	Morley, R.	Sylvester, G. O.
Irving, W. J. (Wood Green)	Morris, Percy (Swansea, W.)	Taylor, John (West Lothian)
Isaacs, Rt. Hon. G. A.	Mort, D. L.	Thomas, George (Cardiff)
Janner, B.	Noel-Baker, Rt. Hon. P. J.	Thomas, Ivor Owen (Wrekin)
Jay, Rt. Hon. D. P. T.	Oldfield, W. H.	Thomson, George (Dundee, E.)
Jeger, George (Goole)	Oliver, G. H.	Thornton, E.
Jeger, Mrs. Lena	Oswald, T.	Timmons, J.
Jenkins, R. H. (Stechford)	Paling, Rt. Hon. W. (Dearne Valley)	Wade, D. W.
Johnson, James (Rugby)	Palmer, A. M. F.	Warbey, W. N.
Jones, David (Hartlepool)	Pannell, Charles	Watkins, T. E.
Jones, T. W. (Merioneth)	Pargiter, G. A.	Webb, Rt. Hon. M. (Bradford, C.)
Keenan, W.	Parkin, B. T.	Wells, Percy (Faversham)
Kenyon, C.	Pearson, A.	Wheeldon, W. E.
Key, Rt. Hon. C. W.	Popplewell, E.	White, Mrs. Eirene (E. Flint)
King, Dr. H. M.	Porter, G.	White, Henry (Derbyshire, N.E.)
Lawson, G. M.	Price, J. T. (Westhoughton)	Wilcock, Group Capt. C. A. B.
Lee, Frederick (Newton)	Proctor, W. T.	Wilkins, W. A.
Lever, Leslie (Ardwick)	Pryde, D. J.	Willey, F. T.
Lewis, Arthur	Rankin, John	Williams, Ronald (Wigan)
Logan, D. G.	Reeves, J.	Williams, W. R. (Droylsden)
MacColl, J. E.	Reid, William (Camlachie)	Willis, E. G.
McGovern, J.	Rhodes, H.	Wilson, Rt. Hon. Harold (Huyton)
McInnes, J.	Robens, Rt. Hon. A.	Woodburn, Rt. Hon. A.
McKay, John (Wallsend)	Roberts, Goronwy Caernarvon)	Wyatt, W. L.
McLeavy, F.	Rogers, George (Kensington, N.)	Yates, V. F.
McNeil, Rt. Hon. H.	Royle, C.	Younger, Rt. Hon. K.
Mallalieu, E. L. (Brigg)	Shinwell, Rt. Hon. E.
Mann, Mrs. Jean	Short, E. W.	TELLERS FOR THE AYES:
Manuel, A. C.	Shurmer, P. L. E.	Mr. Kenneth Robinson and
Marquand, Rt. Hon. H. A	Simmons, C. J. (Brierley Hill)	Miss Lee.
NOES
Allan, R. A. (Paddington, S.)	Drewe, Sir C.	Kerr, H. W.
Amery, Julian (Preston, N.)	Duncan, Capt. J. A. L.	Lambert, Hon. G.
Amory, Rt. Hon. Heathcoat (Tiverton)	Duthie, W. S.	Lambton, Viscount
Anstruther-Gray, Major W. J.	Eden, J. B. (Bournemouth, West)	Langford-Holt, J. A.
Arbuthnot, John	Elliot, Rt. Hon. W. E.	Legge-Bourke, Maj. E. A. H.
Assheton, Rt. Hon. R. (Blackburn, W.)	Erroll, F. J.	Legh, Hon. Peter (Petersfield)
Banks, Col. C.	Finlay, Graeme	Linstead, Sir H. N.
Barlow, Sir John	Fisher, Nigel	Lloyd, Rt. Hon. Selwyn (Wirral)
Beach, Maj. Hicks	Fleetwood-Hesketh, R. F.	Lockwood, Lt.-Col. J. C.
Bell, Ronald (Bucks, S.)	Fletcher-Cooke, C.	Low, A. R. W.
Bevins, J. R. (Toxteth)	Fort, R.	Lucas, P. B. (Brentford)
Birch, Nigel	Fraser, Sir Ian (Morecambe & Lonsdale)	Lyttelton, Rt. Hon. O
Bishop, F. P.	Galbraith, Rt. Hon. T. D. (Pollok)	McAdden, S. J.
Black, C. W.	Galbraith, T. G. D. (Hillhead)	Macdonald, Sir Peter
Boothby, Sir R. J. G.	Garner-Evans, E. H.	McKibbin, A. J.
Bossom, Sir A. C.	Glover, D.	Mackie, J. H. (Galloway)
Boyd-Carpenter, Rt. Hon. J. A.	Godber, J. B.	Maclay, Rt. Hon. John
Boyle, Sir Edward	Gomme-Duncan, Col. A.	Macleod, Rt. Hon. Iain (Enfield, W.)
Brooke, Henry (Hampstead)	Gough, C. F. H.	MacLeod, John (Ross and Cromarty)
Brooman-White, R. C.	Graham, Sir Fergus	Macpherson, Niall (Dumfries)
Bullard, D. G.	Grimston, Sir Robert (Westbury)	Maitland, Comdr. J. F. W.(Horncastle)
Bullus, Wing Commander E. E.	Hall, John (Wycombe)	Maitland, Patrick (Lanark)
Burden, F. F. A.	Harrison, Col. J. H. (Eye)	Markham, Major Sir Frank
Butcher, Sir Herbert	Heald, Rt. Hon. Sir Lionel	Marples, A. E.
Campbell, Sir David	Heath, Edward	Marshall, Douglas (Bodmin)
Carr, Robert	Henderson, John (Cathcart)	Maydon, Lt.-Comdr. S. L. C.
Cary, Sir Robert	Hill, Dr. Charles (Luton)	Mellor, Sir John
Clarke, Col. Ralph (East Grinstead)	Hinchingbrooke, Viscount	Molson, A. H. E.
Clyde, Rt. Hon. J. L.	Hirst, Geoffrey	Moore, Sir Thomas
Cole, Norman	Holland-Martin, C. J.	Mott-Radclyffe, C. E.
Colegate, W. A.	Hopkinson, Rt. Hon. Henry	Nabarre, G. D. N.
Conant, Maj. R. J. E.	Hornsby-Smith, Miss M. P.	Neave, Airey
Cooper-Key, E. M.	Horobin, I. M.	Nicholls, Harmar
Craddock, Beresford (Spelthorne)	Horsbrugh, Rt. Hon. Florence	Nicholson, Godfrey (Farnham)
Crookshank, Capt. Rt. Hon. H. F. C.	Howard, Gerald (Cambridgeshire)	Nicolson, Nigel (Bournemouth, E.)
Crosthwaite-Eyre, Col. O. E.	Hudson, Sir Austin (Lewisham, N.)	Nield, Basil (Chester)
Crouch, R. F.	Hurd, A. R.	Nugent, G. R. H.
Crowder, Sir John (Finchley)	Hutchison, Sir Ian Clark (E'b'rgh, W.)	Nutting, Anthony
Davidson, Viscountess	Hyde, Lt.-Col. H. M.	Oakshott, H. D.
Deedes, W. F.	Iremonger, T. L.	O'Neill, Hon. Phelim (Co. Antrim, N.)
Dodds-Parker, A. D.	Jenkins, Robert (Dulwich)	Orr, Capt. L. P. S.
Donaldson, Cmdr. C. E. McA.	Johnson, Eric (Blackley)	Orr-Ewing, Sir Ian (Weston-super-Mare)
Donner, Sir P. W.	Joynson-Hicks, Hon. L. W.	Osborne, C.
Drayson, G. B.	Kerby, Capt. H. B.	Peto, Brig. C. H. M
Peyton, J. W. W.	Schofield, Lt.-Col. W.	Turton, R. H.
Pickthorn, K. W. M.	Scott, R. Donald	Tweedsmuir, Lady
Pilkington, Capt. R. A.	Shepherd, William	Vane, W. M. F.
Pitman, I. J.	Smithers, Peter (Winchester)	Vaughan-Morgan, J. K.
Pitt, Miss E. M.	Smithers, Sir Waldron (Orpington)	Vosper, D. F.
Powell, J. Enoch	Smyth, Brig. J. G. (Norwood)	Wakefield, Edward (Derbyshire, W.)
Price, Henry (Lewisham, W.)	Snadden, W. McN.	Wakefield, Sir Wavell (St. Marylebone)
Prior-Palmer, Brig. O. L.	Speir, R. M.	Wall, Major Patrick
Profumo, J. D.	Spens, Rt. Hon. Sir P. (Kensington, S.)	Ward, Hon. George (Worcester)
Raikes, Sir Victor	Stevens, Geoffrey	Ward, Miss I. (Tynemouth)
Ramsden, J. E.	Steward, W. A. (Woolwich, W.)	Waterhouse, Capt. Rt. Hon. C.
Rayner, Brig. R.	Stewart, Henderson (Fife, E.)	Watkinson, H. A.
Redmayne, M.	Stoddart-Scott, Col. M.	Webbe, Sir H. (London & Westminster)
Rees-Davies, W. R.	Stuart, Rt. Hon. James (Moray)	Wellwood, W.
Renton, D. L. M.	Studholme, H. G.	Williams, Rt. Hon. Charles (Torquay)
Ridsdale, J. E.	Sutcliffe, Sir Harold	Williams, Sir Herbert (Croydon, E.)
Robertson, Sir David	Taylor, William (Bradford, N.)	Williams, R. Dudley (Exeter)
Robson-Brown, W.	Teeling, W.	Wills, G.
Rodgers, John (Sevenoaks)	Thomas, Leslie (Canterbury)	Wilson, Geoffrey (Truro)
Roper, Sir Harold	Thompson, Lt.-Cdr. R. (Croydon, W.)
Repner, Col. Sir Leonard	Thornton-Kemsley, Col. C. N.	TELLERS FOR THE NOES:
Russell, R. S.	Touche, Sir Gordon	Mr. Hylton-Foster and
Ryder, Capt. R E. D.	Turner, H. F. L.	Mr. Alport.