HC Deb 26 November 1963 vol 685 cc226-7

Question proposed, That the Clause stand part of the Bill.

10.48 p.m.

Dr. Alan Glyn (Clapham)

This is the operative Clause of the Bill making it possible to bring into effect the Constitution, and it passes all responsibility to Kenya. Many of my hon. Friends and I want an answer to one specific question. During the Second Reading debate, my right hon. Friend made some suggestions as to compensation for certain settlers and ex-Service men. As I understand the drafting, there is nothing in the Clause or in the Bill anywhere which makes those terms of compensation legal. As far as I can see, Her Majesty's Government are in no way obliged, either now or in the future, to pay any specific sum of compensation to any individuals in Kenya, whether they be ex-Service settlers or anyone else.

I should welcome any statement that I am wrong. During the Second Reading debate—unfortunately, many of us did not get a chance to refer to these important problems then—it was suggested that, ultimately, certain people would perforce have to be compensated. I do not want to labour the point, but it is most important. I know that my hon. Friends the Members for Windsor (Sir C. Mott-Radclyffe) and Chigwell (Mr. Biggs-Davison) are concerned, as I am, about the legal position in this respect and the Government's responsibility in the future to those people who, they think, should receive compensation. Is it covered by the Bill or not?

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

My hon. Friend is quite right in saying that the purpose of the Clause is to withdraw legal responsibility for Kenya from this House and make her in every sense fully independent. I regret, and so does my right hon. Friend, that there were a number of hon. Members who were unable to speak in the Second Reading debate on Friday. With regard to the particular point which my hon. Friend makes concerning compensation, I am very much aware of the anxiety of many hon. Members and of others on this point, but I do not think that I can make a detailed comment about the question of compensation in Committee on this Bill. This is a matter which has been very fully examined, and it is nut, as my hon. Friend rightly says, written—nothing about it is written—into this Bill, but I am very much aware of, and will report to my right hon. Friend, the anxieties which my hon. Friend has expressed.

Dr. Glyn

Am I also correct in saying that there is nothing in the constitution either which in any way puts any responsibility whatsoever, now or in the future, on the Government here?

Mr. Hornby

The purpose of this Bill, as this Clause explains, is to make United Kingdom law no longer operative so far as the Colony of Kenya, which is shortly to become independent by the operation of this Bill, is concerned.

Question put and agreed to.

Clause ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.