11. Mr. Dugdaleasked the Secretary of State for the Colonies whether he is aware that Section 13 of the Kenya Legislative Council (African Representation) Ordinance, 1956, disqualifies from voting a very large number of people who have never been convicted of any criminal offence; and what proposals he has to make for its amendment.
§ Mr. ProfumoThe disqualifications listed in this Section include those which are customary in democratic countries. They also cover persons who have been or are the subject of a detention order under the emergency Regulations. But a Provincial Commissioner has power to remove this disqualification for individual detainees who have been released, and I see no reason for any amendment.
Mr. DugdaleDoes the hon. Gentleman really maintain that it is in accordance with democratic principles that men who have been detained under an administrative order without any opportunity of having their case heard in the courts should be prevented from voting both during the time they are detained and after their detention?
§ Mr. ProfumoPresent arrangements will be reviewed after the first election, but my right hon. Friend is satisfied that this is the best way of taking this very important step.
Mr. DugdaleWould the hon. Gentleman answer my question? Does he think that it is in accordance with democratic principles, or is he in this case abrogating all democratic principles?
§ Mr. ProfumoNo. I am saying that this in the best interests of all concerned.
§ Mr. RemnantIs it not the case that a large number entitled to be on the electoral roll after application have not made application to be on the roll?
§ Mr. ProfumoYes, that is correct.
§ Mr. ShinwellWill the hon. Gentleman say on what grounds the Government justify depriving anybody of the right to vote, a right which is open to any other citizens of the territory, simply because he happens to be detained or is about to be detained, but has not been convicted of any offence?
§ Mr. ProfumoI think that the right hon. Gentleman knows the situation far better than I do. [HON. MEMBERS: "Hear, hear."] Perhaps, if he does, he will agree with me that as the franchise is to be on a qualitative basis these people who are debarred are debarred in the interests of all the people concerned in this first election.
§ Mr. CallaghanCan the hon. Gentleman say what he means by the franchise being on a qualitative basis? Is he telling us that a man who is detained, against whom no charge has been preferred, against whom it can be said, therefore, that really no charge lies so far, is to be deprived of the right to vote? What is to be this differentiation between citizens?
§ Mr. ProfumoI think that that is outside the scope of the Question. I cannot add to the Answer which I have already given.
§ Mr. CallaghanWhat does the hon. Gentleman mean by saying that there is to be a qualitative difference between citizens in that country? Those are his own words.
§ Mr. ProfumoThe hon. Gentleman knows very well that the right to vote at this first election is on a qualitative basis, and that is all I was referring to, and I am not prepared to go any further than I have done.
Mr. DugdaleOn a point of order. In view of the thoroughly unsatisfactory nature of that reply, I beg to give notice that I shall raise the matter again at the earliest possible opportunity.
§ Mr. SpeakerMr. Moss. Question No. 16.
§ Mr. SteeleWhile congratulating the Secretary of State for Scotland on his appointment to that office, may I ask whether we can be informed since when Scotland has become part of the Colonies?
§ Mr. SpeakerI think Scotland has played a great part in building up the Colonies.