HC Deb 20 November 1963 vol 684 cc1124-39

Order for Second Reading read.

10.1 p.m.

The Under-Secretary of State for Commonwealth Relations and for the Colonies (Mr. John Tilney)

I beg to move, That the Bill be now read a Second time.

The object of the Bill is well explained in the Long Title It is to be retrospective to 1st October of this year. This was explained by my right hon. Friend the Secretary of State for Commonwealth Relations and for the Colonies in the reply which he made on 1st August to my hon. Friend the Member for Tonbridge (Mr. Hornby), who, I believe, both sides of the House are delighted to see now on the Treasury Bench and who will be replying to the debate.

In August it was not known what the precise form of the republican Constitution would be. During the period since Nigeria has been a republic, and, therefore, ceased to be one of Her Majesty's Dominions, certain Acts which would have applied to Nigeria as a Dominion have ceased to apply. Hence the need for the Bill to be retrospective. It is a procedure which has been to some extent copied from the Ireland Act, 1949.

As regards the bulk of our law, the effects of our Acts ceasing to apply to Nigeria have, I believe, caused administrative delay only. I instance certain actions which might have had to be taken, say under the Maintenance Orders Act, 1920, which may have been delayed till the Bill becomes law. It is most likely, in my opinion, that the rights of any individual have not been materially affected during the period since 1st October. No doubt those who are likely to be hurt in any way would have taken note of what my right hon. Friend said on 1st August.

I believe that the House would like me to recall the history of the change from dominion to republican status. In December, 1961, the Prime Minister of Nigeria mentioned the likelihood of this happening, but it was only on 29th April of this year that a formal announcement was made to the Nigerian Parliament that Nigeria would become a Republic within the Commonwealth on 1st October, 1963, the third anniversary of the independence of Nigeria.

The regional Premiershad met at the end of June of this year and there was an all-party conference towards the end of July. Both discussed the main lines of the Constitution. The proposals were debated and endorsed in the Federal and Regional Legislatures during the first part of August. On 13th September the Constitution of Federation Bill appeared, which was passed by the 19th of that month by both Houses of the Federal Legislature. I do not believe that the House would wish me to go in detail into the changes of the constitutional powers. These are not great The President, as in India, is a constitutional and not an executive one.

I am lucky to have many Nigerian friends, as I know are many hon. Members on both sides of the House. I have been equally lucky to have been in Nigeria on many historic occasions. The Sardauna of Sokoto, the Premier of the great Northern Region, asked me to be present at the self-government celebrations of 1959, and to witness in Kaduna the splendid and massive Durbar. In 1960, Dr. Azikiwe, the new President, asked me as his guest to be present at the celebrations in Lagos when he was sworn in as Governor-General.

I so well remember travelling back in the same aeroplane with some of his co-guests—Mr. Tom Mboya, Mr. Joshua Nkomo, and Dr. Ralph Bundle—and how we all discussed, and were unanimous in saying how much we had enjoyed, the hospitality and the charm of the Nigerian people. I only wish that I had been present on 1st October of this year to hear the new President say this: Our decision to remain in the Commonwealth of Nations, after our transformation into a federal republic, is based on our deep appreciation of the traditions, ideals, values, and practices which make the Commonwealth a bastion of democracy in a world where the tendency is to concentrate powers in the hands of the few and to deny the masses fundamental rights. I also like to think of the new President not only as an athlete and as a sportsman, an enthusiast for cricket, himself running very fast indeed, elated at the successes of Hogan Bassey, in Paris, or more recently of Dick Tiger, but as one with broad knowledge and vision, spending much of his holiday not so very long ago in England, at the British Museum, reading up the history of Nigeria and of the time of the formation of that great country.

I like to think, too, that in that history British men of vision like Lord Lugard and others who brought within one great frontier people of so many different tongues, themselves played an important rôle. In the words of the Prime Minister of Nigeria upon independence, Nigeria has known us first as masters, then as leaders, finally as partners—but always as friends. Nigeria has now become the seventh republic in the Commonwealth. On 29th April, the Prime Minister said in the House of Representatives: We do not intend to sever our relationship with the Commonwealth or to abandon our membership of that free association of sovereign States. It is our intention to continue as a full member of the Commonwealth and. in common with all other countries in this unique institution, to accept the Queen as the Head of the Commonwealth. It may be for the convenience of the House if I briefly comment on the various Clauses of the Bill. Since I am no lawyer I hope that I will be forgiven for referring somewhat often to my notes. The Bill is a technical Measure to preserve the operation of our law as if Nigeria had not become a republic so that the expression "Her Majesty's dominions" in our law shall be read as if they did, in effect, still include Nigeria. Indeed, it follows broadly the main provisions of Acts passed when India, Pakistan, Ghana, Cyprus and Tanganyika became republics.

Clause 1(1) provides that as regards the places mentioned in Clause 1(2) all existing laws shall not be affected as a result of Nigeria becoming a republic. Subsection (3) relates to pending appeals to the Judicial Committee of the Privy Council. This is new in form and represents a departure from the precedents of Ghana and Tanganyika. The reason for this is that Nigeria herself has chosen to continue pending appeals as regards Nigerian law in a way that also is new. Under her new Constitution, Nigeria has abolished appeals to the Privy Council, but has provided that appeals, in all but constitutional and chieftancy cases which were pending on 1st October, 1963, should continue to be heard and disposed of by the Privy Council.

This, in effect, means that all pending appeals will be treated in Nigerian law as if they were still appealsto Her Majesty in Council under the old Constitution; the procedure to be followed and the method of giving effect to the Order in Council in which the Report of the Judicial Committee is embodied remain unaltered. Accordingly, in our law, jurisdiction need not be conferred on the Privy Council to hear pending appeals as a result of an arrangement as was done in the case of Ghana and Tanganyika but jurisdiction can be conferred direct as a result of the operation of Nigerian law. Accordingly, Clauses 1(1)and 1(3), when read in conjunction with the relevant provision of Nigerian law, provide that the Judicial Committee continues to have jurisdiction to hear and dispose of pending appeals, but no others. Clause 1(4) gives the whole of Clause 1 retrospective effect to 1st October this year.

Clause 2 gives power to make adaptations to any Act of Parliament by Order in Council, as appear necessary as a consequence of Nigeria becoming a republic and provides that such Orders or any other Orders varying or revoking previous Orders may be made retrospective to 1st October, 1963.

To the President, the Prime Minister and to their colleagues in all the Nigerian Governments, I am sure that this House would wish to send their best wishes, above all to the Nigerian people. From Sokoto to Maiduguri or Yola, from Katsina to Ibadan, Benin, Port Harcourt or Calabar one finds wherever one is lucky enough to go—by aeroplane, train or road—a cheery, friendly, helpful, dignified people. In the recent discoveries of oil and gas, in their efforts to harness the untapped powers of the Niger, in their ancient industrial crafts, at places like Bida, Kano and many others, and agricultural production, may they prosper. And may, as well, moral fibre continue ever to be found in the Nigerian Republic.

10.15 p.m.

Mr. A. G. Bottomley (Middlesbrough, East)

It gives me pleasure at the commencement of this debate to join the Under-Secretary of State in congratulating his hon. Friend the Member for Tunbridge (Mr. Hornby) on joining the Government. We wish the hon. Gentleman well in the few months he will have a chance to sit on the Treasury Bench, but we hope soon to see him on this side of the Chamber.

We join with the Under-Secretary in welcoming this Bill. Like him, I am no lawyer, and I am very glad to note that he kept carefully to the guidance that had been given to him. I accept that this Bill has the effect of continuing the special treatment accorded in British legislation to members of the Commonwealth. It is necessary to do this because Nigeria now becomes a Republic, with its own President in the place of Her Majesty The Queen as Head of State.

I am sure that everyone in this country takes great pleasure in seeing Nigeria prosper and grow in strength. I have had only ashort visit there, but I count amongst many of my friends leaders in Nigeria and many others connected with other forms of social and business life there. The Nigerians are the most delightful people, and one can only recollect with great joy one's personal association with them. We all, indeed, wish them every success. There is little doubt that Nigeria will play an ever-increasing part in the destinies of Africa and, again, this is something that we should all welcome.

The fact that Nigeria has chosen a republican Constitution in no way affects the close relations which we have with her and with her peoples. The form of the Constitution is something for the Nigerian Government and people to determine, and this Bill comes before us only because certain consequential amendments are required to United Kingdom legislation.

There are now a number of republics in the Commonwealth and we should give some thought to the practice of Colonies. becoming independent, initially, under a monarchic Constitution, andconsider whether this is still desirable. In the context of modern events, it is worth considering whether it is wise that these newly-independent countries should have to accept as Head of State a Queen who is resident in London. We have to face the fact that it is not very attractive to national leaders in Africa, and we might consider the possibility of a republican Constitution being looked at from the beginning of independence, and not only when this stage is reached.

One of the effects of Nigeria becoming a republic, although not automatically connected with that fact, is that appeals to the Judicial Committee of the Privy Council will no longer come from the Supreme Court in Nigeria. As the House is aware, some very sensible arguments have been put forward in favour of having greater Commonwealth representation on the Judicial Committee. It has been suggested that it should go on circuit in Commonwealth countries, and not just stay in London. I think that if that came about the practice of appeals to the Privy Council might be accepted by the newly-independent countries.

They could more easily do this if the Judicial Committee were a kind of Commonwealth body, and not just a United Kingdom one. We had a debate last week on Commonwealth affairs, in which British Guiana featured. It might have been very useful to have been able to say in respect of British Guiana that the system of appeals to the Privy Council could be continued. I think that it would give satisfaction, and the countries concerned could more easily accept it, if they knew the appeal was going to a Commonwealth court and not to a solely British one.

One of the consequences of the monarchic Constitution in the Commonwealth is that those countries that are not republics have to receive the Queen's approval to the appointment of ambassadors.

I am not absolutely certain that this is general but I know that it was King George V who laid down that the approval of the Crown must be obtained. Whereas it was recognised that the Governor-General, acting upon the advice of Ministers, would take all decisions, that power was not given for the appointment of ambassadors. It was laid down that the authority for the appointment of ambassador still resided not with the Government but with Buckingham Palace. Is it not possible for this now to be removed so that the appointment of ambassadors is done directly from the centre of power in the country?

This might not seem important to us but the present arrangement is a presentational disadvantage for a new country, although the reference is not to a British Government but to Her Majesty the Queen. This is worth looking at and it might help in enabling newly independent countries to keep a closer association with us within the monarchical constitutional system than they appear anxious to do at present.

This is no controversial issue and the Bill is welcomed by us all. I say on behalf of my hon. and right hon. Friends that we wish the Republic of Nigeria a peaceful and prosperous future. We shall always be anxious to do everything we can to maintain good relations and to co-operate fully in strengthening the bonds between our two countries.

10.22 p.m.

Miss Joan Vickers (Devonport)

I am glad to follow in the debate the right hon. Member for Middlesbrough, East (Mr. Bottomley). We have had many clashes in the past during which we have been able to debate points on which we have been in conflict. This Bill is drawn narrowly, and it does not allow one to say a great deal, but I take the opportunity of welcoming it and of saying how much I have appreciated in the past the generous hospitality and great courtesy shown to those who visit Nigeria.

Nigeria is now the seventh republic within the Commonwealth and, as the right hon. Member for Middlesbrough, East has done, I think that we should consider the future of countries which are becoming independent. I was delighted to read in the newspapers that this move to become a republic was welcomed in all the capital towns, in Kaduna, Enugu, Ibadan and Lagos. In my view,the decision was arrived at democratically. We must pay great tribute to the Nigerians for the democratic spirit they have shown in all the actions they have taken. Nigeria has given a great lead to other countries of Africa in the way it has worked out its system, particularly when it is realised that there are so many different types of people and different religions in the different regions. It was the united wish of the people that Nigeria should become a republic.

I should like to follow up what the right hon. Member said about future arrangements. When a country becomes independent some decision should be made straight away on whether or not it intends to become a republic. There is usually a period of about one year during which a country is under thejurisdiction of the Queen and then there is new legislation and another type of Constitution is adopted. There may also be a number of instances where the people do not wish their country to become a republic but they have great difficulty because if the Head of State is a Governor-General he enjoys no particular protocol once he leaves his own state. In other words, he has not the same level in protocol as a President, which puts him in a very difficult situation when he may wish to visit other countries. In our Commonwealth system, all Prime Ministers have equal status.

I should have thought it would not be beyond the realms of possibility that we should be able to find either a Chief of State or a Head of State—some name other than Governor-General—who might be on an equal basis with the President. We could exchange Ambassadors and High Commissioners.

I feel that there may in the future be quite a number of smaller Stales which would not wish to become republics and which may have difficulties. On the other hand, naturally they would wish their Heads of State to have equal precedence when they went abroad. I mention this because it was referred to by Sir Kashim Ibrahim when speaking of the inauguration of the republican Constitution of Nigeria, when he said that this marked the last milestone on the road to complete sovereignty. We know, thanks to the Statute of Westminster, 1931, that as and when a country becomes independent it has complete sovereignty.

Sir Kashim Ibrahim added: The constitutional change brought into effect today is symbolic rather than actual. In this way it is made clear to the whole world that Nigeria is independent not only in fact but also in name". I thought that highlighted the whole situation which, to my mind, is so unsatisfactory when dealing with these new independent countries.

As was mentioned by the right hon. Member for Middlesbrough, East, there have been several changes in the constitution and these are beneficial because, I understand, there will be a President for five years and the Prime Minister, on a vote of confidence, will be defeated, and this will bring the country closer to the democratic ideals which we have in this country.

I should like my hon. Friend the Under-Secretary of State to deal with the question of voluntary organisations. There are several voluntary organisations with which Nigeria works very closely. In fact, she gives a lead in connection with work for the blind, whose society is registered through certain Acts in this country. I should like to know whether this will be affected or whether we shall still be able to contribute to the funds, as we have done hitherto, to help these organisations. Nigeria has not quite arrived at the level of the other republics. I would point outthat there are still some people in Nigeria who are not equal under the law. There are some people in the North in particular who still have no rights under the law. In fact, they do not even have the vote. I should have thought that in becoming a republic and wishing to get on the same basis as other republican countries, this point would be borne in mind and that all people would be given equal rights under the law.

As we have been reminded, tremendous advances have been made in education—

Mr. Deputy-Speaker (Sir W. Anstruther-Gray)

I hope the hon. Lady will relate her remarks to this Bill.

Miss Vickers

I am sorry if I have not related all my remarks to the Bill. I thought it was in order to refer to the advantages to be gained from this Bill. I understand that it is expected that there will be more mutual understanding and co-operation between the regions, and I think this will be a physical advantage leading to the greater prosperity of the country in the future.

This republic which we welcome tonight has been sending a representative to the Privy Council. I think that he is the first person from the Commonwealth who has sat on the Privy Council and we would like to offer him, in particular, our thanks for the work he has done.

In the fact of Nigeria becoming a republic, we can safely leave the laws of the country in the hands of very able judges indeed. Nigeria has one of the best judicial systems within the Commonwealth, and this will be of benefit in protecting the rights of her people in future. Although they will no longer have the right of appeal to the Privy Council, we can rest assured that they will be given as much protection under their own courts as they would have received had this right been retained. I therefore welcome this Bill.

10.31 p.m.

Mr. E. L. Mallalieu (Brigg)

I want to add a few words of welcome to the Republic of Nigeria. I know it might be thought by some people that when a country which has been, and remains, a member of the Commonwealth, decides to take a republican form of constitution, this is, in some way, a slight on this country or on the Crown. I am convinced, from what small knowledge I have of Nigerians, that this is not the case with them. Indeed, I do not think that it is the case with anyone else either, but I feel certain that it is not the case with them.

This Bill is merely a recognition of the realities of the situation. As my right hon. Friend the Member for Middlesbrough, East (Mr. Bottomley) said, it is hardly surprising that Africans should wish not to retain a Sovereign who must necessarily be an absent Sovereign. They want to see their Sovereign living amongst her own people and giving undivided attention to that people.

So, of course, it is more fitting to have a Head of State who is resident amongst them. I do not think that we have any reason to complain about that, and I am delighted that no one, on either side of this House at any rate, has complained about it.

I think that we can, however, shed a tear again about the Privy Council, not because the Nigerians are withdrawing their appeals in future from it, but because this was an instrument which, if properly treated, might have made for such great unification of our common law all over the Commonwealth, whereas now it can go its own way without any force holding it together.

Considering what a force, what an influence, this common law has been throughout the Commonwealth, and is in Nigeria, I think it is a tremendous tragedy that we have not grasped this question earlier and done something about it by making a circuit court for the Commonwealth, consisting of judges not only from this country but from all the others.

Some of us have pressed for this for many years in the House. I shed one further tear for the Under-Secretary of State—who is, to my knowledge, such a progressive and enlightened person in his dealings with the Commonwealth and all its peoples—that he should not have taken up this matter. He graciously said that he is not a lawyer. I think that was the very qualification for him to do this very great thing. If it had been done by lawyers there might have been suspicions of ulterior motives. I hope that the hon. Gentleman will still do it, because I think that it can still be done.

I was talking recently to some Canadians. Canada was among the first to take leave of the Privy Council These Canadians told me that it was still the wish of many Canadians to become parties again to the Privy Council judicial system of appeal of the reformed nature of which I have been speaking.

This change to a republic will not be the only change which will come about in Nigeria. It would not surprise any of us to see changes in the Westminster model of Parliamentary government from time to time, but I think that we can speak with more optimism of the future of democracy in Nigeria, not necessarily on the Westminster model, but still effectively democracy, than we could of certain other countries which have come to independence in the last ten years or so.

There seem to be the conditions present in Nigeria, at any rate, at the centre, which will allow an effective form of democracy still to exist. One can only hope that this will be the case. It is not for us to lecture Nigerians or any other independent people on how to conduct their own affairs, especially constitutional affairs, unless, of course, they go so far beyond the decencies of civilised existence as to stamp out human rights completely Having regard to the circumstances in Nigeria, it is permissible to hope, and I am sure that we all fervently hope, that there will not befall Nigeria that which befell that gay and talented people on the coast of New Guinea when they became independent with such high hopes in the whole world and with such tragic results, temporarily, I hope.

We and the Nigerians have an immense amount of capital of good will invested in each other. Over the years during which Britons and Nigerians have marched together, links of friendship have been forged which it would be foolish in the extreme for either not to maintain. It will be of immense value to us and the whole world in the coming together of peoples if we maintain those links, and we ought to make every effort to do so.

That does not mean that we are not free to criticise each other. I hope that we shall never be afraid of doing something for fear that a member of the Commonwealth will leave it. If that happens, it merely means that the Government of the day in that country is taking its people out of the Commonwealth and not that we cannot still feelfriendly towards the people themselves; nor that we would not welcome them back if that Government had a change of attitude. It would be undignified in the extreme and stultifying if we were always to say that we must not do something for fear of a country leaving the Commonwealth, as though that were a terrible thing. It is not tragic if a people leaves an association, or if a Government leaves an association, of which it is not a fit member at a particular time. On the contrary, the association will be purified by their leaving it momentarily and in due course and the fullness of time coming back and being welcomed with open arms by the remaining members.

On this evening, when we enshrine in our law the wish of the Nigerian peoples to become a republic, I make no apology for returning to that wonderful remark which has already been quoted by the Parliamentary Secretary, which I heard, with him, in that hot room that day in Nigeria when Zik became Governor-General, and when the Prime Minister, in Churchillian tones and in the finest possible language, made that remarkable speech of welcome and his own testament with regard to freedom and to the Commonwealth connection. So fine were his words that they are worth quoting a second time this evening The British came to us first as masters, then as partners, but always as friends".

10.40 p.m.

The Under-Secretary of State for Commonwealth Relations and for the Colonies (Mr. R. P. Hornby)

I am delighted to be able to speak immediately after the words with which the hon. and learned Member for Brigg (Mr. E. L. Mallalieu) concluded his speech—words which were also mentioned by my hon. Friend in his opening speech. This has been a brief and an agreeable debate; brief because the Bill is both short and uncomplicated, and agreeable because it has provided us with the opportunity of sending our good wishes to the leaders and the people of Nigeria—and also with the opportunity of mentioning one or two thoughts in our minds about the future shape of the Commonwealth.

It has been a particularly happy occasion for me to be able to make my first speech from this Bench on an occasion when the House is united in its feelings. I have been allowed to step quietly in at the shallow end and prepare myself perhaps for the rather deeper waters ahead. I am extremely grateful to the right hon. Member for Middlesbrough, East (Mr. Bottomley) for his kind words, and I can assure him that I shall do my best to stay on this side of the House.

The House needs no reminding from me that the decision of a Commonwealth country to become a republic or to remain a monarchy is entirely a matter for that country. As the hon. and learned Member for Brigg said, we see no insult in a decision to become a republic; we see instead the decision of the people of the country concerned, and we fully understand it. To take any other view would be to deny all that we mean by independence in the modern Commonwealth.

This Bill, therefore—as my hon. Friend explained at the start of the debate—is merely making necessary changes in our law, arising out of Nigeria's decision to become a republic, as she did on 1st October this year. The Bill is to ensure that our law continues to operate precisely as it did before Nigeria became a republic.

I want to make a few comments on one or two of the points raised in the debate. First, I take the point raised by the right hon. Member and echoed by others, that we should consider in our future thinking and planning of constitutions whether or not it might be wise, in consultation with the Commonwealth country concerned, for that country to take the step and become a republic, if it wishes to do so, right at the start of its independent life. I will certainly take note of the feelings expressed on this subject tonight.

As for the Bill before us and the country that we are considering, I must point out that at the time when the independence constitution was being

framed, when Nigeria was moving towards independence, we received no representations from Nigeria that she wished to take that step and become a republic. We were, at that point of time, consulting the wishes of the representatives of the country concerned.

Secondly, I should like to refer to the point raised by my hon. Friend the Member for Devonport (Miss Vickers) concerning voluntary organisations and whether there would be any change in their activities once Nigeria became a republic. This would not be so; there would no change of necessity arising from this Bill. The whole purpose of the Bill is that our law should remain unchanged in relation to Nigeria and there would be no alteration because she became a republic. If my hon. Friend cares to consider examples in other republican countries in the Commonwealth, she may know that in Ghana the Royal Commonwealth Society for the Blind is both active and flourishing in that republican country. In deference to your wishes, Mr. Deputy-Speaker, I had better not trespass on the grounds of women's votes; otherwise I might run into trouble with you.

Another point concerns the question of the Privy Council and possibilities of a Commonwealth Court of Appeal. This idea of a court of appeal has been raised before, as hon. Members have pointed out. It commends itself to my noble Friend the Lord Chancellor. We all hope that the establishment of such a court might prove possible, but it requires careful discussion and I am told that there are a number of difficulties involved. However, I remind the House—and will, I hope, comfort the House—by saying that the Judicial Committee of the Privy Council has recently been strengthened by the addition of some eminent Commonwealth judges. To give one example, only last term Sir Kenneth Gresson, President of the New Zealand Court of Appeal, sat with the Committee and his colleagues were indebted to him and to the New Zealand Court of Appeal for his valuable help.

Finally, I add my own good wishes to those which have already been expressed for the future of Nigeria. Nigeria, like any great country in a fast-changing world, faces many prob- lems and many exciting challenges. In the years ahead I hope she will feel strengthened by the knowledge that she has many friends here in Britain and in this House, friends who rejoice in her achievements and who are willing and anxious to help her to the best of their ability.

Question put and agreed to.

Bill accordingly read a Second time.

Bill committed to a Committee of the whole House.—[Mr. Ian Fraser.]

Committee Tomorrow.

Forward to