§ 35. Mr. Stonehouseasked the Secretary of State for the Colonies why no charge was made against Captain Ernest Law 1335 on 18th January, 1958, before an order was made under the Vagrancy Ordinance.
§ Mr. J. AmeryI am consulting the Governor about the procedure which was followed when Captain Law was brought before the magistrate, and will circulate a further reply in the OFFICIAL REPORT.
§ Mr. StonehouseIs the Under-Secretary aware that this is a most shocking case? A captain who served with distinction in the Army for twenty-five years asks the police for assistance. No charge is made against him, but he is detained in prison as a convict for a period of five months. Is the Minister satisfied that that is the way to treat a man who goes to the police for assistance?
§ Mr. AmeryI told the hon. Member that I should like to await the comments of the Governor before saying whether I am satisfied or not.
§ Mr. StonehouseBut, Mr. Speaker—
§ Mr. SpeakerOrder. Mr. Sorensen, Question No. 36.
§ The following Question stood upon the Order Paper:
§ 34. Mr. STONEHOUSETo ask the Secretary of State for the Colonies, what action was taken when Captain Ernest Law voluntarily presented himself to the Nairobi police on 16th January, 1958, seeking repatriation to the United Kingdom.
§ Mr. StonehouseMay I have Question No. 35 answered, Mr. Speaker?
§ Mr. SpeakerI thought the hon. Member asked Question No. 35. I remember now what happened. The hon. Member attempted to ask another supplementary question instead of his Question.
§ Mr. StonehouseI apologise, Mr. Speaker.
§ Mr. AmeryI have answered Question No. 35. [HON. MEMBERS: "No, Question No. 34."] I believe I am right in saying, Mr. Speaker, that you called Question No. 35, and that was the one I answered.
§ Mr. StonehouseThen please may I now have an answer to Question No. 34?
§ Mr. SpeakerYes. I understood that the Question called for was No. 34. Per- 1336 haps the Under-Secretary will now answer Question No. 34.
§ Mr. AmeryI shall be glad to answer Question No. 34, but I understood that Question No. 35 had been called.
The Answer is that Captain Law gave himself into the custody of the police at Kingsway Police Station, Nairobi, at 5 p.m. on 17th January, 1958. Early on the following day he was taken before the Nairobi magistrate as being apparently a vagrant and admitted that he had no money and no work. The magistrate found as a fact that Captain Law was a vagrant and ordered him to be detained in Kamiti Prison under Section 10 of the Vagrancy Ordinance.
§ Mr. StonehouseIt is not satisfactory for the Under-Secretary to say that he will seek further information. The hon. Gentleman has had this case before him, or the Colonial Secretary has had it—[HON. MEMBERS: "Ask a question."] Is the hon. Gentleman aware that the Colonial Secretary has had information about this case for the last six weeks, which is a rather long period to elapse before information is obtained? This man was advised—[HON. MEMBERS: "Ask a question."] Is the Under-Secretary aware that Captain Law was advised to go to the police for assistance? The police, without making any charge against this man—[HON. MEMBERS: "Ask a question."] Is the hon. Gentleman aware that the police, without making any charge against this man, had him housed as a convict in a prison, in the convict's pen, for a period of five months? Is it not a shocking state of affairs that this man should have had to make repeated appeals for his release which were completely ignored?
§ Mr. AmeryI think that the hon. Member should be encouraged by the fact that we are so scrupulous in the discharge of our duty that we have asked for more information.
§ Mr. BevanDoes not the information already disclosed to the House show a very disquieting state of affairs? Even though this man is imprisoned as a vagrant, how long must he be in prison in order to purge the offence of vagrancy? Is he to be there indefinitely, and how can he cease to be a vagrant, unless he has a chance of getting out of prison?
§ Mr. AmeryLet me comfort the right hon. Gentleman by telling him that the gentleman in question has been back in this country for some weeks.