HC Deb 11 March 1963 vol 673 cc961-3
37. Mr. A. Henderson

asked the Lord Privy Seal if he will state the provisions of the Extradition Treaty which exists between the United Kingdom and France; and what in particular are the provisions in regard to offences against the French State.

Mr. Smithers

I would draw the attention of the right hon. and learned Gentleman to the text of the Treaty printed at page 5 of volume 67 of the State Papers, which is available in the Library. Article 3 of the Treaty lists 25 categories of crimes for which extradition may be granted. There are no provisions in regard to offences described as "against the French State".

Mr. Henderson

Does that reply mean that there was no reason whatever why M. Bidault should not have entered this country legally?

Mr. Smithers

The Question relates to extradition. As far as I am aware, no offence of that nature has come to our notice.

Mr. Henderson

Does the hon. Gentleman's reply mean that it was quite proper for M. Bidault to have entered the country legally and that there could have been no question of his being extradited under that Treaty?

Mr. Smithers

He could not be extradited under the Treaty unless an offence under the Treaty was alleged.

Mr. Curran

Will my hon. Friend give an assurance that he will maintain this country's libertarian tradition of giving asylum to political refugees?

Mr. Smithers

I am obliged for my hon. Friend's question, but that really is a matter for the Home Secretary.

Mr. Paget

On a point of fact, has not the right of asylum for political refugees been for at least a century subject to the proviso that they give adequate undertakings not to plot here?

Mr. Smithers

I am afraid that the reply to that question must be the same.

Sir G. Nicholson

I know that my hon. Friend is struggling manfully to cast some clear light on this vexed question, but would it be a help if he answered the following question? He said that the French Government asked that M. Bidault and some others should be expelled if they arrived here. What is the exact difference between extradition and expulsion; and did Her Majesty's Government agree to expel M. Bidault if he had been known to have arrived?

Mr. Smithers

On 5th September last year, the French Embassy gave us the list to which I have referred. The Foreign Office replied on 7th January informing the French Ambassador that official records had not disclosed the presence in the United Kingdom of any person named in the list attached to the aide-memoire. The note added that suitable measures were taken immediately on receipt of the aide-memoire to ensure that the movement of anyone on the list who might subsequently come within the jurisdiction of the United Kingdom port controls would be the subject of special consideration in the light of representations made in the aide-memoire.