DR. HASTINGS BANDA (Hansard, 18 February 1960)

§ 55. Mr. Fernyhough
asked the Prime Minister what discussions he had during his recent visit to the Federation of Rhodesia and Nyasaland with those responsible about the detention of Dr. Hastings Banda and others; and when time now detained are likely to be released or brought to trial.

§ 62. Mr. Fletcher
asked the Prime Minister to what extent, in the course of 1426 his visit to the Federation of Rhodesia and Nyasaland, he discussed with those responsible the desirability of Dr. Hastings Banda being released from detention on terms acceptable to him to enable him to give free and complete evidence to the Monckton Commission.

§ The Prime Minister
The question of the release of the detainees or the ending of the emergency in Nyasaland is a matter for the Governor to decide in the light of his views on the security situation. The question of bringing detainees to trial is a matter for the Attorney-General of Nyasaland. It has already been made clear that arrangements can be made for any persons who may still he in detention to give evidence to the Monckton Commission if they so wish.

§ Mr. Fernyhough
Is not the Prime Minister a little ashamed that in the British Commonwealth men should be languishing in gaol for twelve months with no charge brought against them? Do not incidents of this kind make our propaganda against what is going on in some Eastern countries a little hypocritical?

§ The Prime Minister
A balance has to be kept between what one would hope to do and the needs of security. In that respect the local Governor has a great responsibility, although my right hon. Friend the Colonial Secretary has made it clear that he hopes to see the emergency situation brought to an end. A number of detainees have already been released. I would like to leave the matter there for the moment. I feel sure that the hon. Member will realise the very heavy responsibilities that lie upon the local administration for the preservation of peace.

§ Mr. Gaitskell
Although the Governor is responsible in this matter, he, in turn, is answerable to Her Majesty's Government, who have to take into account not only the immediate local situation but also the wider political issues. Do Her Majesty's Government accept responsibility for determining this issue?

§ The Prime Minister
Without notice, I would not like to state the precise constitutional position, but the final responsibility rests with Her Majesty's Government either to accept or to reject the Governor's advice, whatever may be the consequences. But I think the House 1427 as a whole feels that all these matters involve very difficult questions of balance, in which what we hoped to do is clear, and how best we can achieve it necessitates that those who are responsible should at least have the right to have their voices heard.

§ Mr. Fletcher
Will the Prime Minister tell us the facts with regard to the detention of Dr. Hastings Banda? Is it correct, as stated in The Times, that the Prime Minister and the British Government have expressed the view that he should be released, and that his release would be of service to the Monckton Commission? If so, is not the constitutional position such that the Prime Minister must take the responsibility for this decision? Can he explain why, following his visit, Dr. Banda is still in detention? Is it correct that his release has been offered under certain conditions? If so, may we be told what those conditions are?

§ The Prime Minister
I am not responsible for what appears in The Times. I have answered the question. The responsibility for bringing the emergency to an end is primarily a matter for the Governor, but it is ultimately a question for Her Majesty's Government, and they are still weighing the problems in the hope of bringing the emergency to an end as soon as possible. I know that the Governor shares this view and that he will bring the emergency to an end as soon as he feels it right to do so.

§ Mr. Fletcher
This is a question on which the House is entitled to information so that, if necessary, it can criticise the Government. Is it correct that Dr. Banda's release has been authorised on certain conditions? If so, may we know what those conditions are, so that we may judge whether they are reasonable?

§ The Prime Minister
It is certainly not correct to say that Dr. Banda's release has been authorised on certain conditions.

§ Mr. S. Silverman
I fully accept the right hon. Gentleman's Answer to the original Question, namely, that the question whether a state of emergency shall be proclaimed or ended is a matter for the Governor; but can he say, from his own observations and his extensive travels in the country, and the many people he saw, whether he observed any 1428 signs of disorder or of the existence of an emergency situation?

§ The Prime Minister
I must follow the very sound advice given to me on Tuesday by several hon. Members, namely, not to set myself up as an expert on the strength of a three-day visit.

§ Mr. Shinwell
As the Prime Minister has agreed that the Government have a responsibility in the matter, can he say what advantage is derived by detaining Dr. Banda in prison? Does he suggest that if Dr. Banda were released disturbance or a breach of the peace would be caused, which would lead to further trouble? Can he explain that?

§ The Prime Minister
The release of all detainees, including Dr. Banda, and the bringing to an end of the emergency have certain security risks, and it is the duty of the Governor, and ultimately of this Government, to weigh those risks and reach a decision.

§ Mr. Gaitskell
Is the Prime Minister aware that as long ago as the first week in January the Colonial Secretary announced that there would be an accelerated rate of release of detainees, but that this has not taken place? When are the Government likely to come to a conclusion about the release of Dr. Banda?

§ The Prime Minister
That is another question. There has been a considerable release of detainees. If the right hon. Gentleman wants to know the details perhaps he would put down a Question addressed to my right hon. Friend.

§ 56. Mrs. Castle
asked the Prime Minister why he did not see Dr. Banda during his visit to the Federation of Rhodesia and Nyasaland.

§ The Prime Minister
I had, of course, ample opportunity to listen to the views of Africans, and I did not consider it appropriate to make separate arrangements to see Dr. Banda.

§ Mrs. Castle
Has not the Prime Minister just told us that his purpose was to have talks with representatives of all shades of opinion in these areas? Is not Dr. Banda an outstanding shade of opinion? What is the use of these visits if the Prime Minister can be prevented from seeing the obvious leaders of the 1429 people concerned because the Governor decides to shut them up because he does not like their views?

§ The Prime Minister
Included among those I saw were the representatives of the Malawi Congress Party, which is in a sense the party of Dr. Banda.