§ Mr. Paget (by Private Notice)asked the Secretary of State for the Home Department whether, in the exercise of the discretion granted to him by Section 6 of the Fugitive Offenders Act, 1881, he will decline to return to the Government of Cyprus Mr. A. Zacharia and Mr. E. Arestidou, at present detained in Brixton Prison under that Act.
§ The Secretary of State for the Home Department (Mr. R. A. Butler)I am considering these cases, in the light of the proceedings yesterday in another place and all other relevant considerations. I shall make my decision as soon as possible.
§ Mr. PagetWhat further facts does the right hon. Gentleman require in this case? Is is not common ground that these alleged offences took place during the period of the troubles, when these men were serving with us in concert with the Special Branch of the security forces; that they have been condemned to death by E.O.K.A., that six others have been murdered since independence, that two attempts have been made on the life of Mr. Zacharia, and that at his last appearance in a Cyprus court the policeman to whom he was handcuffed was shot dead?
Is not a proposal to return our ex-friends to our ex-enemies a somewhat excessive act of political contrition? Is it not a bit discouraging to our friends elsewhere? Is there an example of this other than Stalin's return of the German Communists to Hitler? What further information is required? In any event, will the right hon. Gentleman assure us that no decision contrary to the interests of these men will be taken without reference to Parliament and Parliament's reassembly?
§ Mr. ButlerYes, Sir, I can give an immediate assurance in reply to the last part of the hon. and learned Gentleman's question. The period of fifteen days runs so that it overlaps Parliament's return, and if any decision unfavourable to the men were to be taken it would not be implemented before the House returns and I have had an opportunity of making a statement to the House.
On the other hand, I must make it clear that I do not accept the insinuations in the early part of the hon. and learned Gentleman's statement. A decision favourable to these men may be taken and implemented before the House returns, but I must make it clear that I may not be in a position to do that before the House returns. I am referring first to the unfavourable and then to the favourable decision.
No immediate decision has been taken because, although I certainly have views on this subject, it is reasonable for me to read the transcript of the proceedings in another place. The transcript is not yet available. I have read the full report in The Times and digested it, but I have not yet been able to read the transcript, which will not be available for me until tomorow. I must restrain my decision until I have considered the transcript.
§ Mr. GoodhartWill my right hon. Friend remember that these two men have given very valuable information to British security in the past and that their surrender to the Cypriot Government might well strike a very hard blow at those who still work with British Intelligence elsewhere?
§ Mr. ButlerYes, Sir. I am deeply aware of that consideration.
§ Mr. HaleI am sure that the whole House will have listened to what the right hon. Gentleman has said with very keen appreciation of what he said and the way he said it. The Times today talks about fifteen days. There does not seem to be a limit on the number of days he must take over this decision. The judgment of the House of Lords was given some days ago and in the normal case the period dates from the date of judgment and not from the later date when the judges give their reasons.
Will the right hon. Gentleman extend his assurance and say that he may give 505 a favourable decision, but that if he finds that that is not possible he will not take any action, or reach any unfavourable decision, which would be operative until there has been an opportunity to raise the matter in the House under Standing Order No. 9?
I had intended to seek to do that today, but, obviously, it would have been a very great inconvenience to the House and also premature while the right hon. Gentleman was considering the matter. I hope that we shall be able to protect our rights under Standing Order No. 9 and be able to raise the matter, although I also hope that the right hon. Gentleman will make a favourable decision.
§ Mr. ButlerI gave an assurance that an unfavourable decision would not be taken without the House being informed and having an opportunity to express its views. I think that that is the least we can do.
On the technical matter raised by the hon. Gentleman, in concluding its proceedings on 19th March the Appellate Committee of the House of Lords said that the time of fifteen days prescribed by Section 6 of the Fugitive Offenders Act, 1881, would not run until the House of Lords itself had dealt with the report of the Appellate Committee. The House of Lords dealt with that report yesterday and, therefore, it is technically from yesterday that the fifteen days run.