HC Deb 07 February 1961 vol 634 cc183-4
15. Mr. de Freitas

asked the Secretary of State for the Colonies under what conditions persons held in prisons in the Colonies are transferred to the custody of Governments of foreign countries.

Mr. H. Fraser

Persons held in prisons in the Colonies can be transferred to the custody of Governments of foreign countries only under extradition arrangements or under the Colonial Prisoners Removal Act, 1869, or the Colonial Prisoners Removal Act, 1884. The Colonial Prisoners Removal Acts extend to a foreign country only where Her Majesty has the necessary jurisdiction in that country and has extended the Act in question to that country by Order in Council made in exercise of that jurisdiction.

Mr. de Freitas

Does the Under-Secretary realise that our law of extradition and our practice of extradition have developed over many years for the protection of political prisoners? Can he assure us that there will be no departure either from the law or practice which has so developed, merely because in the case of St. Helena the Foreign Office got itself into such an appalling mess?

Mr. Fraser

I have stated how the law stands in regard to the Colonial Prisoners Removal Act, 1869, and the Colonial Prisoners Removal Act, 1884. It is a question of law and a question on which I cannot move, but the Lord Privy Seal has promised to keep the House informed on the question of the Bahraini prisoners, and I am certain he will do so.