HC Deb 18 June 1959 vol 607 cc640-1
33. Mr. Brockway

asked the Under-Secretary of State for Commonwealth Relations if he will recommend the disallowance under the Southern Rhodesia Constitution Letters Patent 1923, of the Unlawful Organisations Act, the Preventive Detentions Act, and the Native Affairs Amendment Act, which have been enacted by the Legislature of Southern Rhodesia, in view of the fact that they are discriminatory.

Mr. Alport

No, Sir.

Mr. Brockway

Is not this an outrage? Is it not quite clear that under the new legislation the most scandalous discrimination against Africans is being practised? Do the Government absolutely refuse to protect the African population of Southern Rhodesia under the guarantees which the Government and this House have given?

Mr. Alport

This legislation has been passed through the Southern Rhodesian Parliament under powers devolved to them by the United Kingdom Government. It has never been the practice of the United Kingdom to withhold those powers, once granted, which are exercised within its constitutional rights by a self-governing territory in circumstances which would mean that if the responsibility were placed on the shoulders of the United Kingdom Government it would be difficult, if not impossible, to carry out.

Mr. Bottomley

Cannot the Government themselves make representations? Surely the behaviour of the Southern Rhodesian Government in making this discrimination between members of the British Commonwealth calls upon Her Majesty's Government to make the strongest representations.

Mr. Alport

The right hon. Gentleman will be aware that this legislation was the subject of considerable controversy within Southern Rhodesia during the period of its passing, and I am sure that he and other hon. Members will agree that matters of this sort should be left to the pressures of opinion locally as they are expressed.

Mr. Gaitskell

The hon. Member referred to the practice of the United Kingdom Government. Will he confirm that it is within the legal right of the United Kingdom Government to disallow these orders? Is he telling us that it is a pure act of policy on the part of the Government to refuse to do so and, further, that there is not even any discussion with the Southern Rhodesian Government on these matters?

Mr. Alport

As the right hon. Gentleman knows, it has not been the practice to disclose details of any consultation or discussion that may have gone on between Governments in these circumstances. I would remind him that during the whole of the thirty-six years during which the Southern Rhodesian Government have enjoyed these powers, when we have had both Socialist and Conservative Governments in the United Kingdom, there has been no occasion on which this power has been used.

Mr. Brockway

In view of the entirely unsatisfactory reply, I beg to give notice that I shall raise this matter on a suitable occasion.