HC Deb 30 October 1989 vol 159 c148

Not amended (in the Standing Committee), considered.

Motion made, and Question proposed, That the Bill be now read the Third time.—[Mr. Dorrell.]

12.13 am
Mr. George Foulkes (Carrick, Cumnock and Doon Valley)

The Opposition concur with the Bill.

12.14 am
Mr. Ivor Stanbrook (Orpington)

As I understand it, Brunei is now an independent sovereign state. It was formerly a British protectorate. It is appropriate that appeals from the courts of Brunei should be heard ultimately by the Judicial Committee of the Privy Council as a sort of ad hoc measure. As Brunei is an independent sovereign state, what provision is there for the enforcement of the judgments that may be announced by the Judicial Committee in a case which comes to it on appeal from Brunei? There cannot be any legal authority in the Bill for the enforcement of any such judgment. Have arrangements been entered into with the Sultan of Brunei to ensure that such judgments will be enforced? If not, the role of the Judicial Committee is without any substance. I hope that my hon. Friend the Minister will deal with that matter when he responds to the debate.

12.15 am
Mr. Michael Morris (Northampton, South)

Our country has enjoyed friendly relations with Brunei for more than 150 years, and last year I had the privilege of attending His Majesty's birthday celebrations. To those of us who know Brunei, it seems particularly appropriate that in future, the Judicial Committee's advice should go to the Sultan rather than to the Queen. It seems appropriate also that the minimum value of any civil dispute should be raised to 200,000 Brunei dollars.

However, it is not entirely clear to me who is to define what is or is not a constitutional matter, or what will or will not be referred to the Privy Council's Judicial Committee. Nevertheless, the Bill appears to be an extremely flexible document and, given the developing and changing nature of that part of that ASEAN region, with which I have close associations, it can only help Brunei to develop its judicial processes.

12.16 am
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr. Tim Sainsbury)

I am glad to receive support for the Bill from both sides of the House. I hesitate to reply to my hon. Friend the Member for Orpington (Mr. Stanbrook) on a technical and legal point, but my understanding is that the Sultan is bound to take the advice of the Judicial Committee.

I welcome the remarks of my hon. Friend the Member for Northampton, South (Mr. Morris). His question concerning the nature of matters that will be referred to the Judicial Committee is answered by the papers that have been placed in the Library, but if he remains in any doubt, I shall be pleased to write to him.

Question put and agreed to.

Bill accordingly read the Third time, and passed, without amendments.