HC Deb 25 June 1959 vol 607 cc1360-1
11. Mr. Hale

asked the Under-Secretary of State for Commonwealth Relations what prior consultations he had with the Governments of the Federation of the Rhodesias and Nyasaland and of Southern Rhodesia regarding the facilities to be afforded to the Devlin Commission during their inquiries within the Federation.

Mr. Alport

At the time of the setting up of the Devlin Commission, Her Majesty's Government were in close touch with the Governments of the Federation of Rhodesia and Nyasaland and of Southern Rhodesia about the arrangements to be made for the Commission. It is not customary to reveal the details of consultations of this kind, but I can say that both the Governments concerned co-operated to the full in enabling the Commission's work to be carried out speedily and efficiently.

Mr. Hale

Did not anyone in the Commonwealth Relations Office think that when we are initiating a quasi-judicial inquiry some provision ought to be made for reasonable access to detained persons by their legal advisers and that reasonable provision ought to be made for those legal advisers to obtain full opportunities for consultation?

Mr. Alport

Perhaps the hon. Gentleman is not aware that the Southern Rhodesian Government passed their Visiting Commissions Act which gave the Commission the same powers while sitting in Southern Rhodesia as it had in Nyasaland under the Commissions of Inquiry Ordinance, and, therefore, the circumstances in which the Commission has been in Southern Rhodesia have been precisely the same as those operating in Nyasaland.

Mr. S. Silverman

Suppose the Devlin Commission became a little of a nuisance in demanding things in the pursuance of its inquiry that the Government of Nyasaland did not wish to give it. In view of the hon. Gentleman's answers, have we any method of preventing the Governments concerned from expelling Mr. Justice Devlin as an undesirable immigrant?

Mr. Alport

The hon. Gentleman is, perhaps, confusing in some ways the responsibilities of the Federal Government and of the Nyasaland Government. I would draw the hon. Gentleman's attention to the fact that it was made quite clear when we last discussed this subject that it never was nor ever would be the intention of the Federal Government under their powers to interfere with the work and entry of officials wishing to enter the Federation on the service of the United Kingdom Government or Parliament.