HC Deb 29 October 1975 vol 898 cc1565-7
3. Mr. Tebbit

asked the Secretary of State for Foreign and Commonwealth Affairs, what criteria he takes into account in considering whether Her Majesty's Government should make public diplomatic protests over the sentences of punishment awarded to foreign nationals convicted and sentenced in the courts of their homelands.

Mr. James Callaghan

The points I take into account include, in particular, whether there is anything in the circumstances of the trial or the sentence which causes serious concern on humanitarian or human rights grounds, the likelihood of our being able to exert a beneficial or moderating influence, the need to avoid interference in the internal affairs of other countries and whether this country or our relations are likely to be directly or indirectly affected by any consequences of such events.

Mr. Tebbit

Does the right hon. Gentleman recognise that, on those criteria, it is difficult to understand why he has not made protests to many of the authoritarian Left-wing régimes about incidents far beyond the scale of those in which the murderers of policemen were executed? What is his view of such incidents as the murder of people who as refugees are merely trying to leave those vicious Left-wing regimes for which he seems to have more tender susceptibilities than for a country such as Spain?

Mr. Callaghan

I do not think that the hon. Member can follow these matters very closely, because otherwise he would be aware of two facts. The first is that there were ample reasons for concern on humanitarian and human rights grounds about the recent Spanish trials and executions, a concern shared by all members of the Community. Secondly, as I have said in listing the criteria, I have to consider in what circumstances representation will have a beneficial influence. Sometimes representations are made in public while at other times they are made in private. The hon. Member should not assume that if he does not hear that they have been made, they have not been made.

Mr. Maudling

Is not the Foreign Secretary prepared to condemn what he believes to be injustice wherever it may take place?

Mr. Callaghan

I have made that clear on nearly every occasion when Conservative Members have sought to extract from me pledges that I most willingly give. If I were to read to the House the list of cases in which we have thought it right to make representations—I do not think that would help much—the allegation by the hon. Member for Chingford (Mr. Tebbit) would be seen to be totally unfounded.

Mr. Beith

Does the Foreign Secretary agree that in this difficult problem countries wishing to be seen as allies or friends of Britain need not be surprised if the British Government make clear that they regard a fair trial as an essential condition in any democracy with which they are concerned?

Mr. Callaghan

I utterly agree. I do not believe that trials by military courts, summary trials for capital offences, difficulties placed in the way of the defence, the death penalty being given after a summary trial or reports of torture being used to extract confessions are likely to commend themselves to anybody in this country, although there might be one or two exceptions.

Mr. Wigley

Will the Foreign Secretary confirm that the guidelines he has indicated would permit the Government to make representations to the Government of France in a case such as that of Yann Foueré, who was to have addressed a meeting in Wales last weekend but who was imprisoned in France on a trumped-up charge?

Mr. Callaghan

I read about that case in the Western Mail and the South Wales Echo last weekend. I shall consider what the hon. Member has said. It is not always best to handle these matters by way of public representations. We have achieved some very good results on occasions by making representations in private.

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