HC Deb 20 July 1961 vol 644 cc1442-3
14. Mr. D. Foot

asked the Secretary of State for the Colonies what reply Her Majesty's Government have sent, or propose sending, to the recommendation by the Kenya Legislative Council for an amendment of the section of the Kenya Constitution Order in Council which prevents persons who have been imprisoned for more than two years from entering the Legislature.

20. Mr. N. Pannell

asked the Secretary of State for the Colonies whether the recommendation of the Kenya Legislative Council, that the Kenya Constitution Order in Council shall be amended to permit people imprisoned for more than two years to enter the Legislature, has his approval.

Mr. Iain Macleod

The Governor has forwarded the resolution in question for the consideration of Her Majesty's Government. I will examine the record of the debate on it in the Kenya Legislative Council when available. Thereafter I shall consider, in consultation with the Governor, what action, if any, should be taken.

Mr. Foot

Will the right hon. Gentleman bear in mind that it is entirely contrary to our British Parliamentary tradition that those who have served their sentences should afterwards be subjected to any form of civil disability?

Mr. Macleod

Although some features of this Kenya Restrictive Ordinance are unique in the Commonwealth, it is by no means unique in the Colonial Territories to have some form of disqualification.

Mr. Pannell

Is the Minister aware that this amendment will permit Jomo Kenyatta to assume the leadership of the Government in Kenya? In view of the detestation in which this ex-convict is held in this country, will he do his best to resist it?

Mr. Macleod

The Motion which was passed by the Legislative Council in Kenya does not go quite as far as the form of the Question and supplementary questions indicates. All this is a matter of the first importance which the Government would like to consider carefully.

Mr. Callaghan

Has the Colonial Secretary calculated how many Prime Ministers in the Commonwealth would be excluded from their Legislatures if this legislation were generally applied?

Sir H. Oakshott

While acknowledging what my right hon. Friend said in reply to an earlier Question, that undoubtedly there has been a notable change of opinion in Kenya about the future of Kenyatta, is not the important thing to see that nothing is done which will endanger the growth of stable Government there? Is not that what matters to the people of that country?

Mr. Macleod

I entirely agree, and that must be the first consideration in all decisions which the Governor and I have to take.

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