HC Deb 13 May 1963 vol 677 cc949-51

Mr. Dudley Smith (by Pivate Notice) asked the Secretary of State for the Home Department whether he will undertake not to deport Chief Enahoro until the full 14 days' statutory period for lodging a petition with the Appeals Committee of the House of Lords has expired.

The Secretary of State for the Home Department (Mr. Henry Brooke)

I understand that a petition has been lodged and, in accordance with the undertaking which I have already given, I will not order Chief Enahoro's return before the House of Lords has disposed of the case, which is now sub judice.

Mr. Smith

While thanking my right hon. Friend for that reply, may I ask whether he is aware that a petition of sorts was scrambled in at about 2.30 this afternoon, following the deadline which he gave, but that it has caused considerable embarrassment to Chief Enahoro's solicitors over the preparation of additional evidence because normally a 14-day period is given for such petitions? In view of these circumstances, would he agree to maintain this truce while the additional evidence is presented for this petition?

Would he not also agree that as rather new and vital evidence is on the way from Nigeria it is essential for the course of justice that this evidence should be available when the petition is heard before the Appeal Committee?

Mr. Brooke

The last point is, I think, a matter for the Appeal Committee. But the facts are that after the third rejection by the Divisional Court last Thursday of Chief Enahoro's application for habeas corpus and a third refusal to give leave to appeal to the House of Lords, I was informed that a third petition to the Appeal Committee for leave to appeal would be lodged at 2.30 today, and I gave an undertaking not to surrender Chief Enahoro to the Nigerian authorities before then. I think that, as the matter is now sub judice, it would not be proper to comment further.

Mr. Fletcher

Does not the right hon. Gentleman realise that there is widespread anxiety about the case and great feeling that it ought not to be decided on matters of legal nicety and that there is a political problem here? Would not the right hon. Gentleman think that, in view of ail the legal difficulties which have arisen, he would be wise to clutch at this further opportunity of taking a decision to keep this man here, thereby acting in accordance with the long traditions of our country?

Mr. Brooke

it is a matter on which my decision has already been endorsed by this House. I really think that the hon. Member must accept that it would not be right for me to say anything further when the case is now again sub judice.

Mr. Grimond

While I appreciate that the Home Secretary has now given an undertaking that he will not send Chief Enahoro back until the House of Lords has disposed of the further petition, may I ask him just to make it clear—this is an important point—that there was no intention to send him back during the 14 days which, as I understand, he had in which to lodge his petition?

Mr. Brooke

That is a hypothetical question.

Mr. Biggs-Davison

While I appreciate what my right hon. Friend has said, may I ask him whether it is not the case that this is becoming rather a horrible affair in which Chief Enahoro, whatever he may or may not have done, must already have suffered very much? May I ask my right hon. Friend whether he would consider whether British and perhaps Nigerian statesmanship could not rise to the point of agreeing that the Chief should stay here or go back to the Republic of Ireland, subject to strict guarantees that he will not work or speak against the Nigerian régime?

Mr. Brooke

As this matter is now sub judice as a result of this petition, it would be quite improper for me to say more, and I do not think that I should be pressed to do so.