Settlement of Disputes

HC Deb 12 March 1964 vol 691 cc645-6

18. Mr. Sorensen

asked the Secretary of State for Commonwealth Relations whether he will consult the Governments of all other members of the Commonwealth with a view to setting up machinery whereby the facts of a dispute between one Commonwealth Goverment and another may be elucidated and methods of mediation investigated.

Mr. Tilney

No, Sir. Proposals for settling disputes between Commonwealth members have been suggested from time to time despite the agreement in 1930 that ad hoc arbitration proceedings were preferable to the constitution of a permanent court. However, the third Commonwealth and Empire Law Convention is to meet in 1965 and my right hon. Friend the Prime Minister has suggested that that Convention might consider the arguments for and against a Commonwealth court. No doubt the Convention could also discuss the court's possible powers but the agenda lies primarily, of course, with the host country, namely Australia.

Mr. Sorensen

I thank the hon. Gentleman for that reply. However, I ask him and the Secretary of State to look at this matter again more sympathetically because, from time to time, Commonwealth Governments accuse other Commonwealth Governments of misdemeanours, as in the case of the allegation by Pakistan that the arms we supply to India will be used against her. In some cases, would not this be an appropriate method of dealing with the facts and would not it perhaps have a salutary influence?

Mr. Tilney

This is a matter which cannot possibly be decided in the near future. I should have thought that my right hon. Friend's suggestion that the Commonwealth and Empire Law Convention should discuss this matter is by far the best way.

Mr. Bottomley

Does the hon. Gentleman really think that this matter should be left to the Convention, which is to be held in 1965? Does not he think that the Government have some responsibility and should take action now?

Mr. Tilney

I should have thought it much better for the subject to be discussed well away from party politics and from Government level, for the time being anyway.