HC Deb 20 December 1960 vol 632 cc1072-6
The Secretary of State for the Colonies (Mr. Iain Macleod)

At the Lancaster House Conference there were proposals from all the delegates for the enactment of a code to protect the fundamental rights of the individual, including his rights in property. Her Majesty's Government then undertook to provide for the judicial protection of human rights in the new Constitution.

Her Majesty's Government have noted increasing recognition among Kenya political leaders of the need for measures and policies which will encourage the expansion of local and overseas investment. We welcome this recognition because without security and confidence private investment in agriculture and industry will not take place, and it will be extremely difficult also to proceed with resettlement schemes in any part of the territory for peasant and yeoman farmers. Unless these new African farmers, under settlement schemes, are assured of continuity and security of title, it is unlikely that any will take up land which will be offered by the Settlement Board. Security of title to land is an essential prerequisite to confidence and to renewed investment and the full use and settlement of the land. This, of course, is a problem not confined to one race only, nor only to agricultural titles. As a result of land consolidation under the Swynnerton Plan, there are already over 145,000 African farmers with registered titles. Outside the coast, there are over 11,000 agricultural titles held mostly by non-Africans and over 17,000 residential, commercial and industrial titles spread among all races. At the coast, registered titles exceed 16,000. If confidence is to be won and maintained, all these must be fully secure.

Her Majesty's Government have now completed their examination of methods of ensuring this security both up to and after independence. Detailed provisions designed for the protection of all rights, including rights in property, have now been included in the new Constitution. The results of this study will be taken into account also in any further discussions on further constitutional advance, since the continued protection of fundamental rights, including rights in property, will inevitably be an essential part of those discussions. Indeed, such protection for all individuals without regard to race, tribe or religion follows naturally from the general acceptance of the right of all to stay and take part, without fear of discrimination or victimisation, in the public and economic life of the country. Her Majesty's Government consider it is their duty to promote the general acceptance of these rights.

Mr. Callaghan

Is the right hon. Gentleman aware that every hon. Member will want the maximum stability and confidence in Kenya during the transitional months which lie ahead? It is certainly our hope that the maximum investment and confidence in the territory will be preserved. However, can he explain his rather puzzling statement a little more clearly? Is there something new about it? Is it designed to put Africans on notice that, if there is to be any change in the Constitution, Her Majesty's Government will come forward with some new proposals, or is it no more than a statement designed to allay whatever uneasiness may at present exist in Kenya?

Mr. Macleod

If it were designed only to do the latter, it would be of importance. It is enormously important that we should do what we can, and I welcome what the hon. Gentleman has said. Anxiety certainly exists, not only among Europeans, but among all races in Kenya and in East Africa.

To sum up what I have said in my statement: first, we are now entrenching in Orders in Council, which are in the Library of the House, provisions against compulsory acquisition except for the ordinary public purposes, and making it a requirement that there shall be payment of full compensation, which can be assessed by the courts: secondly, we are saying that when the time comes to consider further constitutional advance, we would also wish to consider, in conjunction with all the delegates at the conference, problems of property and title which affect confidence throughout Kenya for men of all races; thirdly, we would think it right at the appropriate time to make provision in the legislation of that time for the sort of approach which I have indicated in my statement.

Sir H. Oakshott

Is my right hon. Friend aware that, by stating publicly his recognition of the importance of the security of title in restoring confidence and encouraging investment, he will have a great deal of support, not only here, but among people in Kenya who, as he knows, have been very worried recently? My right hon. Friend referred in his statement to the stage after independence. Has he yet any details of the sort of measures he has in mind to cover the points raised in his statement at that stage of development in Kenya?

Mr. Macleod

No. I entirely agree with the first part of what my hon. Friend said. I do not think that it would be appropriate to discuss the second part, because it is hypothetical on the assumption that something may well go wrong afterwards. We have discussed this matter closely in the Government, as the third paragraph of my statement makes clear, and we have completed our examination of methods of ensuring security. There are various ways in which one can entrench by agreement, as, for example, the Cyprus Constitution showed, and of securing legal force for the sort of provisions I have indicated.

Mr. Callaghan

I follow that, but does the right hon. Gentleman propose to state what are these methods he has in mind? Does he propose to publish them? Do they involve questions of legal rights, or is there some question of a financial obligation being borne by the British taxpayer?

Mr. Macleod

No. The question of a financial obligation, in a way, raises a rather different point. There are considerable schemes of development and resettlement which are being entered into and the total cost of which is about £9 million. We have made a contribution through the Colonial Development and Welfare Fund and a direct contribution of £3.15 million. We have, I think, interested the International Bank in this and also missions from friendly Western European countries. Germans, Dutch and Swiss are going or have been to Kenya. Concerning the position after independence, I would hope that we could achieve by agreement before independence something very like the provisions in the Orders in Council which are in the Library and which the hon. Gentleman will be able to study.

Mr. McAdden

Is my right hon. Friend aware how much satisfaction the statement he has made will give to those in Kenya who have contributed much, both in life and in treasure, to trying to build up the resources of Kenya and its export rate to the extent it has reached? Does he also realise that it will give great satisfaction, not only in this House but in Kenya, that my right hon. Friend, in spite of all that has been said about him in recent weeks, has recognised how important is the contribution which they have made?

Mr. Macleod

I have always recognised the importance of this problem. The difficulty is in putting on paper something practical which one can do about it. I recognise that there is substance in what the hon. Member for Cardiff, South-East (Mr. Callaghan) said about the vagueness, in part, of what I have said. What I hope to achieve for the future and for all time—that is, up to and after independence—is the sort of provisions which Section 10 of the Order in Council provides.

Mr. Wade

The Minister referred to the protection of human rights. Do I understand that that includes such fundamental rights as freedom of expression of opinion and freedom of association? Is it intended that a new Convention of Human Rights will be incorporated in the proposed new Constitution?

Mr. Macleod

A Bill of Rights is being enacted covering the general problem of human rights, but I am dealing this afternoon only with property rights.

Several Hon. Members

rose—

Mr. Speaker

We cannot debate this matter now.