§ 10. Sir B. Jannerasked the Lord Privy Seal whether he will now announce the decision of Her Majesty's Government on the question of the United Kingdom's accession to the Genocide Convention.
§ Mr. HeathHer Majesty's Government fully accept the spirit of the Convention and wholeheartedly support its objects. They have concluded, however, after long and earnest consideration, and with great regret, that the difficulties involved are such that the United Kingdom should not accede to it. The reason for this decision is explained in a fuller statement which, in view of its length, I will circulate in the OFFICIAL REPORT.
§ Sir B. JannerIs the right hon. Gentleman aware of the fact that his reply will cause a considerable amount of unhappiness and dissatisfaction to a large number of people? Is he aware of the fact that only a few weeks ago there was a meeting held in Trafalgar Square where people declared themselves to be Nazis and eulogised what that arch-criminal Hitler had done, and that they advocated the barbaric cult of Nazism, and that genocide was thus being advocated, as was implicit because of their declaration that they were Nazis? Is the right hon. Gentleman aware that paragaphs (b) and (c) of Article III of the United Nations Convention ought to be invoked by us? It says that among acts which shall be punishable are
Conspiracy to commit genocideandDirect and public incitement to commit genocide ".Will the right hon. Gentleman give this matter reconsideration in the circumstances?
§ Mr. HeathI readily acknowledge the immense interest which the hon. Gentleman has always taken in this Convention and the great concern which its implementation is to him. The Government have over a considerable period now given the very closest consideration to it, and I hope that the 423 hon. Member will appreciate the very full explanation which I am going to publish in the OFFICIAL REPORT.
§ Mr. P. Noel-BakerWill the right hon. Gentleman undertake to answer questions on the fuller statement at the end of Question Time next week, if we put a Question on the Paper?
§ Mr. HeathI will undertake to answer Questions, but I cannot be expected to undertake to do so after Question Time. I will certainly consider any Question which the right hon. Gentleman puts down.
§ Mr. Noel-BakerIf we put down a Question for Wednesday next, will the right hon. Gentleman ask Mr. Speaker's permission to answer it at the end of Questions?
§ Mr. HeathThe right hon. Gentleman will realise that I cannot give an undertaking like that at this stage. [HON. MEMBERS: "Why not?"] In fairness to other hon. Members of the House, and not knowing the business of the House on that day.
§ Following is the statement:
§ Her Majesty's Government fully accept the spirit of the Genocide Convention and wholeheartedly support its objects but, after long and earnest consideration, and with great regret, they have reached the conclusion that the United Kingdom should not accede to it. The reason for their decision stems from the terms of Article VII of the Convention, which provides that offences of genocide as defined in the Convention shall not be considered as political crimes for the purpose of extradition. The Government are advised that the effect of Article VII is that, if we acceded to the Convention, it would be necessary to amend the Extradition Acts so as to suspend the operation of the safeguard against extradition for a political offence in any case where the crime alleged was genocide itself as defined in Article II of the Convention, or any of the related offences described in Article III. This would involve, particularly in view of the breadth and imprecision of the terms used in Articles II and III, a derogation from this country's traditional right to grant political asylum which the Government do not think it right to accept.
§ In making known their decision not to accede to the Convention the Government wish to reaffirm their utter abhorrence of the crime of genocide and their determination that those who commit it should be brought to justice, and to give an unqualified assurance that Her Majesty's Government would never them, selves violate the principles embodied in the 424 Convention. The Government are moreover satisfied that if, as is hardly conceivable, any such crime as is usually connoted by the term genocide were to be committed within the United Kingdom, the perpetrator could and would be punished under the ordinary criminal law. The Government are satisfied also that, should a person accused of such a crime committed elsewhere be found in this country, he could and would—subject to the observations which I made earlier about the possibility of its being a "political offence"—be dealt with in the same way as any other fugitive criminal.