HL Deb 15 December 1919 vol 38 cc21-9

Amendments reported (according to Order).

Clause 2:

Extension of powers.

2.—(1) Subsection (1) of section one of the principal Act shall be amended by the addition at the end thereof of the following paragraph:— (l) for determining what nationality is to be ascribed to aliens in doubtful circumstances, and for disregarding, in the case of any person against whom a deportation or expulsion order has been made, any subsequent change of nationality.

(2) His Majesty may also by Order in Council under the principal Act made regulations requiring information to be given as to the property, liabilities, and interests of former enemy aliens, and for preventing (without notice or authority) the transfer of or other dealings with the property of such aliens.

LORD PARMOOR

When the Bill was in Committee the noble Earl in charge of it (Lord Onslow) promised to consider whether one or two limiting words could not be put into Clause 2. I would ask him whether he has now any form of words which he thinks might be introduced in the direction he indicated.

THE EARL OF ONSLOW

Since the noble and learned Lord spoke, an Amendment has been drafted which I think will meet his views. It is to insert the following words at the beginning of Clause 2:—"For the purpose of enforcing the provisions of any Treaty of Peace concluded or to be concluded between His Majesty and any Power with which His Majesty was at war in the year one thousand nine hundred and eighteen."

Amendment moved— Beginning of Clause 2, page 2, line 16, insert the said words.—(The Earl of Onslow.)

LORD PARMOOR

I think these words would admirably carry out what the noble Earl himself said was the limited purpose of the subsection.

On Question, Amendment agreed to.

THE EARL OF ONSLOW

There is also a consequential Amendment upon that Amendment.

Amendment moved— Clause 2, page 2, line 16, leave out ("also").—(The Earl of Onslow.)

On Question, Amendment agreed to.

Clause 7:

THE EARL OF ONSLOW

To Clause 7 I have a drafting Amendment.

Amendment moved— Page 4, line 23, after ("Order") insert ("in force on the first day of January, nineteen hundred and nineteen").—(The Earl of Onslow.)

On Question, Amendment agreed to.

Clause 9:

LORD BUCKMASTER

The seven Amendments to Clause 9 are purely drafting. I trust that the noble Earl takes that view.

Amendments moved— Page 5, line 6, after ("unless") insert ("the Secretary of State on the recommendation of") Page 5, line 7, leave out from ("shall") to ("a") in line 8, and insert ("grant him") Page 5, line 25, leave out ("said Advisory Committee") and insert ("Advisory Committee to be constituted under this section") Page 5, line 31, leave out ("either") Page 5, line 33, leave out ("statements") and insert ("allegations") Page 6, line 6, at end insert ("of his, and such inclusion shall notwithstanding anything in this section have the same effect as the grant of a licence") Page 6, line 13, leave out ("shall be") and insert ("is").—(Lord Buckmaster.)

On Question, Amendments agreed to.

LORD NEWTON had an Amendment on the Paper to Clause 9, in subsection (8), which subsection ran as follows— (8) If such licence is not granted, or if, having been granted, it shall be revoked, the Secretary of State shall make an order (in this Act referred to as a Deportation Order) requiring the alien to leave the United Kingdom and thereafter to remain out of the United Kingdom for a period of seven years after the passing of this Act. The Secretary of State may by a Deportation Order require the alien to return to the country of which he is a subject or citizen.

The noble Lord's Amendment was to leave out "seven" and insert "three." The noble Lord said: I think on the whole I shall not move this Amendment, because the character of the clause has been transformed in the course of discussion here. It is quite obvious that, as the, Bill now stands, anybody who is deported will be a person who deserves deportation, and therefore I am not concerned as to the period of exclusion.

LORD BUCKMASTER

May I suggest, for the consideration of the noble Lord on the Woolsack, whether he will not consider on the Third Reading, instead of putting in "for a period of seven years" the words "for a period not exceeding seven years," because the words in the Bill leave no discretion of any sort as to the period, and a period not exceeding seven years, it appears to me, might be more elastic.

THE LORD CHANCELLOR

I will consider the matter before Third Reading. I am not at all sure that a better Amend- ment would not be to substitute some such words as "as long as the Order remains in force." The noble and learned Lord might consider with me about it.

LORD BUCKMASTER

The next Amendment is drafting.

Amendment moved— Page 6, line 21, after the second ("of") insert ("the principal Act or").—(Lord Buckmaster.)

On Question, Amendment agreed to.

LORD BUCKMASTER moved to leave out subsection (11), which ran— (1) This section shall not apply to a woman who was at the time of her marriage a British subject.

The noble and learned Lord said: This is an Amendment which really precedes an Amendment by Lord Newton which begins on line 29. Mine begins on line 27. The truth is that this Amendment is due to the fact that, owing to some oversight in the preparation of the original Amendments, it was omitted to notice that all these sub-clauses from line 27 down to the end of line 4 on page 8, ought to be cut out in order to give effect to the Amendment that was accepted by your Lordships' House. If the noble Earl in charge of the Bill and the noble and learned Lord on the Woolsack agree with that view, I need not trouble your Lordships with further discussing the matter.

THE EARL OF ONSLOW

Yes.

Amendment moved— Page 6, lines 27 and 28, leave out subsection (11).—(Lord Buckmaster.)

On Question, Amendment agreed to.

LORD BUCKMASTER moved in subsection (20), after "Order," to insert "in force on the first day of January nineteen hundred and nineteen." The noble and learned Lord said: This Amendment is purely drafting.

Amendment moved— Page 8, line 9, after ("Order") insert ("in force on the first day of January nineteen hundred and nineteen").—(Lord Buckmaster.)

On Question, Amendment agreed to.

Clause 10:

THE EARL OF ONSLOW

I think it would be convenient if I considered together the next Amendments, standing in the name of the noble and learned Lord on the Woolsack and the noble and learned Lord, Lord Phillimore. These Amendments are the outcome of certain undertakings given by the Government in Committee with regard to Amendments put down by the most rev. Primate and the noble and learned Lord. In framing the Amendments of the noble and learned Lord on the Woolsack the Government have endeavoured to meet the views of the most rev. Primate and of the noble and learned Lord, Lord Phillimore. The first Amendment of the noble and learned Lord on the Woolsack is necessary because I am afraid that the Amendment of Lord Phillimore really did more than was intended by him. The object of the clause, to which great importance was attached in another place, is to impose certain restrictions on former enemy aliens as compared with restrictions imposed on all aliens by Order in Council under the principal Act. The clause as it now stands in the Bill, as amended by the noble mid learned Lord, adds nothing to the restrictions applicable to all aliens, and has the disadvantage of causing certain administrative difficulties; thus it would not apply to the arrival in this country of any former enemy alien from any other part of the British Empire because there would be no British Consular officer at his point of departure to visa his passport.

The second Amendment of the noble and learned Lord on the Woolsack will, I hope, meet the wishes of the most rev. Primate and of the noble and learned Lord. This new subsection provides that a former enemy alien resident here now may go abroad for a short time and not be subjected to the three months limit. The new subsection (4) meets, and to some extent repeats, the words of the Amendment moved to Clause 9 by the most rev. Primate in Committee. It is designed to assist the Home Secretary in arriving at a decision. A general rule in this case is necessary in view of the state of public opinion on this subject, but it is recognised that it involves a number of hard cases, especially with regard to British-born wives of persons who have left this country. There was one point raised by the noble and learned Lord and others of your Lordships—namely, as regards the case of distinguished scientists, commercial travellers, and so on. I may, perhaps, explain that the permission given by the Secretary of State to a German subject to return to this country does not take the form of a written document. A l aliens must be in possession of a passport visaed by a consular authority, and where it is decided that a former enemy alien may come here instructions are sent to the consular authority to grant the visa. I may add that general instructions are issued to British Consular Officers to grant visas in the cases of British-born wives of persons who have left this country and of those who prove that their visits to this country are in the interests of British trade or commerce.

Amendments moved—

Page 8, line 14, leave out from ("Kingdom") to the end of subsection (1) and insert ("without the permission of the Secretary of State, to be granted only on special grounds, and such permission shall, save as hereinafter provided, be limited in duration to a period of three months, and may upon special grounds be renewed from time to time for a like period")

Page 8, after line 21 insert the following new subsections: (3) The requirement of this section that permission to remain in the United Kingdom shall be limited to a period of three months shall not apply to a former enemy alien who was resident in the United Kingdom at the date of the passing of this Act, and after a temporary absence abroad returns to the United Kingdom. (4) Where any former enemy alien, formerly resident in the United Kingdom, and having a British-born wife or a British-born child under the age of sixteen still resident in the United Kingdom, applies, within three months from the passing of this Act, to the Secretary of State for permission to land in the United Kingdom, the Secretary of State shall refer the application to the Advisory Committee constituted under the last foregoing section of this Act, and if that Committee recommends that he be permitted to land, the requirement of this section that permission to remain in the United Kingdom shall be limited to a period of three months shall not apply."—(The Earl of Onslow.)

THE LORD ARCHBISHOP OF CANTERBURY

The noble Earl in charge of the Bill has referred to this as an Amendment suggested in the first instance by myself. I desire to state that as far as I am concerned my wishes are entirely met, and I am obliged to His Majesty's Government for what they have done in the matter.

VISCOUNT BRYCE

My Lords, I desire also to acknowledge what the Government has done, and to accept this Amendment. I wanted to advert to one remark which fell from the noble Earl in charge of the Bill when he spoke of distinguished scientists and others. Before the Bill finally leaves your Lordships' House I hope he will consider whether that covers all the classes of cases in which persons might be permitted to come. I can think of artists of distinction who might wish to come here and who are not compromised in any way politically, also musicians and others. I think it should be considered whether the words could not cover all persons connected with literature, science, and art who can show themselves to be entirely exempt from coming here for any but legitimate purposes.

LORD PHILLIMORE

My Lords, I confess I regret that it still stands that this country is prepared to treat former enemy aliens after peace upon different terms from other aliens; but perhaps my protest is more to the sound than to the substance—more to the name and appearance than to the thing. I still think that it makes a bad appearance and a bad precedent; but having said that I am not disposed to contest the proposal which His Majesty's Government submit to the House. The explanations which the noble Earl was so courteous as to give me beforehand, and which he has so lucidly stated now, remove a good deal of the objections in practice. The fact that the Government have accepted the most rev. Primate's Amendment in substance removes others of my objections. I have now only one or two things to say.

When this clause comes to be administered, I can indicate one class of case where I hope that the Secretary of State will be advised to administer it liberally and wisely. The International Law Association has for many years, I think, done a useful work, sometimes in postponing war and at any rate in bringing about some good feeling between countries which may have led to the postponement of war. It has been a failure in the end, but I think its work has been useful. It proposes to hold a conference, now that the war is over, as it used to do before, and it will be held at Portsmouth next Whitsuntide. To that Conference we must invite our German and Hungarian members who, by that time, I trust will be at peace with us. We hope that the distinguished Earl sitting below me (Lord Reaching) may be able to preside at that conference. We must ask these people both by the rules of the Conference and because every neutral who comes to our Conference will require us to do so; therefore I hope that those people will receive permission to land on these shores from the Secretary of State, and that we shall not be obliged to send to our former members and say, "We invite you, but we know that you cannot accept."

The other is quite a minute drafting Amendment which I should submit to the consideration of the noble Lord on the Woolsack and to the noble Earl. It is on subsection (4). If your Lordships carry the first Amendment nobody is to be admitted without permission granted on special grounds. I think it is intended that the fact that the former enemy alien has a British born wife or British children shall be treated potentially, if the Committee approve, as a special ground, but I do not think it is so expressed. If your Lordships will look at subsection (4) you will see that where any former enemy alien applies to the Secretary of State the application shall be referred to the Advisory Committee, and that Committee may recommend that he be permitted to land. I think the words "he shall be so permitted" are required. Perhaps between now and the Third Reading the noble Earl will consider the point.

THE EARL OF ONSLOW

I will certainly consider it.

On Question, Amendments agreed to.

LORD PHILLIMORE had on the Paper an Amendment to insert at the end of the clause: "Any such former enemy alien may obtain from the Secretary of State a permission to reside for a period not exceeding three months, which permission may be renewed from time to time. If no such permission be obtained, or if it ceases to be in force, he may be required at any time by the Secretary of State to leave the United Kingdom within seven days, and, in the event of his failure to comply, may be forthwith deported." The noble and learned Lord said: I do not move.

Clause 14:

Saving for diplomatic persons, &c.

14. Nothing in this Act contained shall be construed as imposing any restriction or disability on any duly accredited head of a foreign diplomatic mission or any member of his official staff or household or on any consul or vice-consul to whom His Majesty is pleased to grant an exequatur or on any members of the household of such consul or vice-consul.

THE EARL OF ONSLOW moved to leave out from "household," where that word first occurs in Clause 14, to the end of the clause, and insert as a new subsection: "(2) The Secretary of State may exempt from any of the special provisions of this Act as to former enemy aliens any consul or vice-consul to whom His Majesty is pleased to grant an exequatur and the wife and child of any such consul or vice-consul."

The noble Earl said: This Amendment is in pursuance of an undertaking given to the noble and learned Lord in Committee. It has not been found possible to accept the wording of Lord Phillimore, as the adoption of the words would have the inconvenient effect of placing Consular and Diplomatic Officers on the same footing, and this would be a new departure and a new principle which the Government are indisposed to accept. It is, however, recognised that it is desirable to exempt former enemy aliens who are Consular Officers from the restrictions imposed by the bill on former enemy aliens generally, and power is taken in this Amendment to do so. The process will be that Consular Officers of former enemy Powers will be admitted under the rules under which the ordinary admission of former enemy aliens is governed, but When they are admitted and the exequatur is granted, they will be exempted from the further restrictions imposed by the Bill.

Amendment moved— Clause 14, page 10, line 7, leave out from ("household") to the end of the clause and insert the said new subsection.—(The Earl of Onslow.)

LORD PHILLIMORE

I am quite satisfied.

On Question, Amendment agreed to.