Clause 1.—(POWER OF HER MAJESTY TO GIVE EFFECT TO AUSTRIAN STATE TREATY.) (Hansard, 29 June 1955)

§ Mr. Sydney Silverman (Nelson and Colne)
I wish to say a word or two on the matter of these criminal orders. I do not want to debate the matter at any length or to go into any of the matters that we have already discussed, except to say this. I know that it has been said already in the debate that the Government themselves were at one time in some doubt as to whether this Bill was at all necessary for the purpose of giving effect to the Treaty. I should have thought that among the matters that were doubtful, these criminal provisions are probably the most doubtful.
I hope that between now and when the Bill is discussed in another place—I know there is not much time—the Government will have another look at the matter and consider whether, as a matter of principle, it would not be more suitable to remove altogether the criminal provisions from the Bill. It is quite clear that no substantial harm will be done. For my part, I take rather a strong view about tampering with criminal provisions and imposing criminal penalties without the House knowing exactly what it is doing.

§ Mr. Barnett Janner (Leicester, North-West)
I hope the House will forgive me for intervening, but I feel that, before this Bill passes from this House, a word or two should be said on a matter in which I have been deeply concerned for a considerable time.
We are being asked to give the approval of the House to the Austrian State Treaty. The Preamble to the Treaty says that it is the purpose of the Treaty to settle in accordance with the principles of justice all questions which are still outstanding in connexion with the events referred to above, including the annexation of Austria by Hitlerite Germany and participation of Austria in the war as an integral part of Germany; One question which is of very great importance in my view is that the victims of Nazi persecution in and from Austria should be adequately compensated for the suffering to which they were subjected.
I venture to state that it would be in the interests of Austria herself that a generous solution should be found to satisfy the claims of these victims. This should have been done before the final conclusion of the Treaty, which is now, I am afraid, practically impossible. At least it should be effected simultaneously with or soon after the ratification of the Treaty. It is to be regretted that very long delays have been caused by the Austrian Government themselves in concluding an agreement with the Committee for Jewish Claims on Austria, who represent many thousands of such victims, now scattered all over the world, including our own country. Negotiations on this question, which have been going on for a very considerable time, recommenced on 22nd June. More than a week has now passed since these negotiations, after endless delays and interruptions—all, I am sorry to say, caused by the Austrians themselves—began again on the basis of a very moderate memorandum which recapitulated the modest claims at much below the damage estimated by experts, and still the replies from Vienna do not seem at all promising.
On every occasion during the negotiations begun hitherto, the British directors of the Committee for Jewish Claims on Austria, of which I have the privilege of being a member, invoked the good offices of our own Government. I am pleased 432 to say that Her Majesty's Government did what they could in order to induce a proper and satisfactory settlement being arrived at, and I should like to pay my tribute to our diplomatic representatives in Vienna for using their influence with the Austrian authorities in the right direction. I hope that what I am saying will evoke some kind of positive action on the part of the Austrians themselves, and that it may have a useful effect.
The Treaty in Article 26, deals with certain aspects of this problem. By that Article, Austria is committed to maintain and fully implement legislation at present in force which is intended to give some measure of satisfaction to the victims of persecution. This legislation, however, is deficient, in so far as it fails to provide even a minimum of compensation for loss and damage. I hope that when the Treaty is ratified, Austria will implement it in spirit as well as letter, and as indicated in the Preamble, will amend its present legislation on these matters in an adequate way.
It is notorious that every facility is given in Austria to those who participated in Nazi barbarities and helped to increase the number of victims of persecution and ruin by scores of thousands, while the crying needs and miseries of the victims themselves are frequently treated with cruel indifference and negligence. There are other Articles in the Treaty which deal with the safeguarding of equality before the law of all Austrian nationals without discrimination of race, religion or ethnic origin, and the prevention of a revival of Nazism and Fascism.
There are signs showing that this eradication of Nazism is being delayed, and is carried out with some reluctance. I hope that the other provisions of the Treaty will be used by the Powers supporting Austrian independence in the direction of compelling Austria to comply with the principles of justice and fairness in the spirit of the Charter of the United Nations, of which Austria herself aspires to become a member.
I think it proper at this stage to mention the points to which I have referred. I hope that the Austrian Government will realise that this Treaty is a big concession to them, and that they themselves should act in the spirit underlying the Treaty towards those who were persecuted. It cannot be denied that, at the 433 time of the Anschluss, many innocent people were persecuted very seriously by the Austrians themselves. I hope the Austrian Government will realise that this Treaty is a generous gesture to them by the free nations of the world, and that they themselves will see to it that any damage which was done in consequence of the type of action to which I have referred will be properly and effectively repaired.

§ The Secretary of State for Foreign Affairs (Mr. Harold Macmillan)
I am sure the House feels that the hon. Member for Leicester, North-West (Mr. Janner) has acted very properly in calling our attention to this point, which is already a matter of concern to the Government and to all those who remember the hardships and the tribulations of those terrible times.
The Treaty itself, of course, provides in Article 26 what I think is a very good principle and adequate machinery to deal with the problem. It is true that during a fairly long period there have been negotiations between the organisation represented by the hon. Gentleman and the Austrian Government—all of a somewhat prolonged character. I think the hon. Gentleman will recognise that, during this long period, and until the Treaty became a little more of a reality, these negotiations were probably bound to be protracted.
Now, a really new start is being made. The Treaty has been signed, and will be ratified and brought into effect. I can only say, like the hon. Gentleman, that I hope that every Austrian and the Austrian Government will carry out these provisions in a fair and honourable manner. I have every hope and, indeed, confidence that they will do so.