HC Deb 24 March 1959 vol 602 cc1133-8
The Secretary of State for the Colonies (Mr. Alan Lennox-Boyd)

It has been decided to set up a Commission of Inquiry into recent events in Nyasaland. The terms of reference will be To inquire into the recent disturbances in Nyasaland and the events leading up to them, and to report thereon. Mr. Justice Devlin has agreed to serve as Chairman and there will be three other members—Sir John Ure Primrose, a former Lord Provost of Perth, Sir Percy Wyn-Harris, formerly Governor of the Gambia, and Mr. E. T. Williams, Warden of Rhodes House, Oxford. We are much indebted to them all for agreeing at such short notice to take on this important task.

The Commission will be concerned only with the recent disturbances in Nyasaland and the events leading up to them. But in announcing its appointment I think it appropriate to take the opportunity to say that Her Majesty's Government are in touch with the Federal Government and with the Territorial Governments concerned, and are considering the best way of preparing for the 1960 review of the Federal Constitution.

When Her Majesty's Government are in a position to put forward proposals on this they will do so, and they fully understand that Parliament would wish to be associated in an appropriate way with any machinery that might he set up.

Mr. Gaitskell

In welcoming the announcement of the Government that a Commission of Inquiry is to be set up, may I ask the right hon. Gentleman whether he is aware that we, for our part, would have preferred a Parliamentary Commission because we believe that the fundamental problem here is essentially a political one and because we also hold that it is desirable that Parliament should be openly associated with an inquiry of this kind?

Nevertheless, we are glad that a Commission has been appointed and we recognise the distinction of the members invited by the Government to serve upon it. Our attitude to this depends to some extent on the significance of the latter part of the right hon. Gentleman's statement. I should like to ask him one or two questions about this.

Is it his opinion that the political considerations to which I have referred would be considered more appropriately by the further inquiry which he implies in his statement? What sort of inquiry has he in mind? Is it the idea of the Government that there should be perhaps a Royal Commission, on the lines of the Simon Commission which was set up before the Round Table Conference on India? Can he say when it is likely to take up its duties and to what extent it will be concerned with the whole broad issue of the future of federation? If the right hon. Gentleman would give us some idea of the position there, I think that we could direct our questions to the other part of his statement more intelligently.

Mr. Lennox-Boyd

I am, of course, aware that the right hon. Gentleman and his colleagues would have preferred a Parliamentary Commission. I am grateful for what he said about the quality of those who have kindly consented to serve upon the Commission of Inquiry. Her Majesty's Government thought that it would be more appropriate to appoint a body with members having judicial and expert experience and African experience.

In reply to the second part of the right hon. Gentleman's question, when he reads my answer again I think he will see that I said that we are considering the best way of preparing for the 1960 review of the Federal Constitution and that When Her Majesty's Government are in a position to put forward proposals on this they will do so and they fully understand that Parliament would wish to be associated in an appropriate way with any machinery that might be set up. That, in my view, would be a more appropriate moment for the undoubtedly proper rights of Parliament and the interest of Members of Parliament to be exercised. I would be grateful if the right hon. Gentleman would not ask me to add to this answer now. I am not at this moment in a position to say when this particular process will be set in motion.

Mr. Gaitskell

I had no desire to make things more difficult for the right hon. Gentleman in his discussions with the Federal Government. Nevertheless, I hope that he can at least assure us that there will be a Commission of Inquiry of this kind and that Members of Parliament will participate and play, I hope, a prominent part in its proceedings, as they did in the case of the Simon Commission. If the right hon. Gentleman can give an assurance on that, that would be helpful.

May I ask him whether the Commission of Inquiry into events in Nyasaland will be investigating the statements made in the White Paper, whether, in particular, they will have access to the persons named in the Governor's despatch, and whether those persons will be able to be properly represnted by counsel, if necessary, when they appear before the Commission?

Mr. Lennox-Boyd

I cannot add to what I have already stated about the thoughts in our minds and about how to equip ourselves and Parliament with the proper information to arrive at the wisest conclusion in October, 1960, which I know we all want to arrive at.

Of course, the information in the White Paper in the despatch from the Governor to me, which was published yesterday, will be very much before the Commission of Inquiry. Exactly who the Commission will see will be for the Commission itself to consider and I do not want at this stage to prejudge that.

The right hon. Gentleman asked me about people being entitled to be represented by counsel. I do not think that that would be appropriate, because it is not a judicial inquiry in the strict sense of the word. [HON. MEMBERS: "Oh."] The Leader of the Opposition is nodding, but he has had wide experience of public affairs and I think he agrees with me. It is appropriate that the Chairman should be someone with wide judicial experience, but I do not imagine that there would be provision made for representation by counsel. Matters of that kind must be left to the Commission itself to settle.

Mr. Gaitskell

There is a very unusual circumstance. A White Paper has been published specifically naming certain individuals and implying that they have carried on what I should have thought was a criminal conspiracy. At any rate, some of them are detained at the moment by Her Majesty's Government and, therefore, in these circumstances the Commission of Inquiry appears to take on something of the nature of a tribunal. In this case, I should have thought—would not the right hon. Gentleman agree?—that it was appropriate that they should be represented. Alternatively, is it the intention of Her Majesty's Government to bring proceedings against these individuals, in which event, presumably, the Commission of Inquiry would not investigate the case at all?

Mr. Lennox-Boyd

Questions of prosecution are for the Attorney-General of Nyasaland. As for the procedure that the Commission will adopt, I am certain that it will take every appropriate step to arrive at the truth and accuracy of the facts put before it.

Mr. Dugdale

Is the right hon. Gentleman aware that many of the persons accused of complicity in these events are now incarcerated in Salisbury Prison, detained without trial? Has he seen the offer made by the Prime Minister of Southern Rhodesia yesterday that these persons may be released, provided the Governments of Northern Rhodesia and Nyasaland will accept them? Will he, therefore, take steps to reply at once to the Prime Minister, saying that those Governments will accept them? Does he realise that if he does not do so, responsibility for their not getting a fair trial and remaining incarcerated in Salisbury Prison will be his and Her Majesty's Government's alone?

Mr. Lennox-Boyd

I cannot add to what I have said about the form in which the Commission and its distinguished Chairman will proceed about this business.

The preservation of law and order in each of the Northern Territories is the responsibility of the Governors of those Territories and I should not dream of issuing directions to them as to how they should exercise that in this difficult situation.

Mr. Callaghan

While the second part of the right hon. Gentleman's statement is obviously of greater importance, nevertheless should not we be as clear as we can about the Commission of Inquiry? Will Mr. Justice Devlin know, when he starts the investigation, whether the Attorney-General of Nyasaland proposes to prosecute Hastings Banda and his associates for criminal conspiracy or any other crime? If not, how can Mr. Justice Devlin really proceed about his business in these circumstances? Can the right hon. Gentleman clear that up for us?

Mr. Lennox-Boyd

I cannot clear that up nor would anyone, when announcing the setting up of a Commission, give a detailed statement of that kind. It was never done when the party opposite was in power and set up a Commission of Inquiry in Africa and elsewhere. I have nothing to add about how the Commission will be conducted, other than what I have already said.

Mr. Grimond

I welcome the appointment of the Commission, but I think that the Secretary of State should give the House an assurance that if the Commission wants to see witnesses who are held in the Federation outside Nyasaland those witnesses will be made available.

Mr. Lennox-Boyd

I am certain that the Commission will not neglect any appropriate way of arriving at the truth.