§ LORD SNELLMy Lords, I beg to ask the noble Viscount the Secretary of State for Foreign Affairs whether he has any statement to make respecting the recent bombing of British ships.
§ THE SECRETARY OF STATE FOR FOREIGN AFFAIRS (VISCOUNT HALIFAX)My Lords, on May 31 His Majesty's Government made representations to the Burgos Authorities by way of protest against damage suffered by British ships in or adjacent to Spanish Government ports. In reply to these representations the Burgos Authorities stated on June 5 that they deplored the loss of life that had occurred at Valencia and other ports, and that it was in conflict with their policy that their aviators should single out British ships for attack. British ships were, however, liable to mingle with ships 916 of other nationalities, and where they lay in the neighbourhood of military objectives the task of discrimination between ships and military objectives was rendered at times impossible. They were unable to renounce the use of the air arm inasmuch as the prolongation of the war was due to the importation of military supplies which they declared were being carried by British and other ships. If by "military supplies" the Burgos Authorities mean arms and munitions, it may be recalled that by strict adherence to the Non-Intervention Agreement His Majesty's Government have taken drastic steps to ensure that no British ships carry arms into any port in Spain, and that they have passed legislation to this end. The Burgos Authorities have been invited to furnish His Majesty's Government with any evidence in their possession on this point, but no evidence has yet been produced, except in one case, which is at present sub judice, to show that there has been any contravention of the law by British ships.
Since the receipt of the communication to which I have referred, I regret to say that air bombardments have continued, resulting in the loss of several lives and further damage to ships. Altogether since the middle of April, twenty-two British ships have been involved in air attacks on Spanish ports. Of these ships eleven have been sunk or seriously damaged, and in several cases the attack appears to have been deliberate. Faced with a situation which has arisen out of the development of military aircraft and is without precedent in previous experience, His Majesty's Government have given earnest consideration to the question of what action, if any, they could take which would be likely to give protection to British shipping without reversing their declared policy of non-intervention.
I will tell the House frankly some of the difficulties that we have encountered. These attacks take place in Spanish ports which are the scene of military operations, and the problem is thus totally different from that with which we were faced last summer, which was a question of stopping piracy by submarines on the high seas, effectively countered by the action of His Majesty's ships. The present attacks are made by aircraft while the shipping is in port and consequently protection could only be afforded by stationing anti-aircraft guns on land, or war- 917 ships in or near the port. Since it is impossible to tell whether any aeroplane is intending to attack a British ship until the attack is delivered, and since to wait until the attack had been delivered would be to deprive the defence of any useful effect, it follows that fire would have to be opened on all approaching aircraft. Action of this kind would obviously constitute participation in the defence of the port and would amount to direct intervention in the civil war.
His Majesty's Government have also considered retaliatory action of various kinds but, as at present advised, they are not prepared to embark on such measures which, apart from their inherent disadvantages, cannot be relied upon to achieve their object. Two proposals have been made which, if found practicable, may go some way in the desired direction. The first is for the provision of safety zones for shipping in certain harbours, and, although this proposal presents considerable difficulties, it is being actively investigated. The second proposal was received by His Majesty's Government last Saturday from the Burgos Authorities, and is to the effect that a port in Spanish Government territory should be selected outside the zone of military operations for the use of British merchant ships, which could enter and leave it unhindered. The Burgos Authorities desire to make it a condition that the part should not be used for the purpose of supplying the Spanish Government with munitions or certain other commodities, and they therefore propose the appointment of international commissioners who would be in a position to guarantee that no such commodities were carried in ships using the port. The selection of such a port or ports would mean that British ships entering it under these conditions would be free from the risk of bombardment. There are certain obvious difficulties about this suggestion. For one thing it depends upon an agreed understanding of what the commodities in question should be, while its effectiveness would clearly be impaired unless ports in both portions of the territory held by the Spanish Government were allotted for the purpose indicated.
Apart from these specific proposals for safety zones and the establishment of a neutral port or ports, the result of the further and detailed examination made by His Majesty's Government has been to show that, unless this country is prepared 918 to take an active part in the hostilities, effective protection cannot be guaranteed to ships trading with ports in the war zone while they are in territorial waters. In the opinion of His Majesty's Government they would not be justified in recommending such a course which might well result in the spread of the conflict far beyond its present limits. They must therefore repeat the warning they have already given to British shipping on the 28th and 29th November last that, while they will continue to afford protection as hitherto to ships on the high seas, ships entering ports which are liable at any time to be the object of military operations and attack must do so at their own risk. At the same time it is impossible that attacks, frequently involving loss of life and sometimes apparently deliberate, on British ships, can be repeated without serious injury to the friendly relations which the Burgos Authorities have declared they desire to maintain with the British Government.
§ LORD SNELLMy Lords, there would be no advantage in trying to discuss the statement made by the noble Viscount now, but when we have had an opportunity of reading it, it may be necessary for us to ask for some discussion on the matter.