EVIDENCE AND POWERS OF ATTORNEY BILL. [H.L.] (Hansard, 9 March 1943)

§ THE LORD CHANCELLOR

My Lords, this is the last of the Bills with which I need trouble the House to-day. It is a Bill which I introduced a few days ago, the object of which can be very shortly stated. The object is to extend the facilities for the taking of oaths and the swearing of affidavits by British subjects, especially members of the Forces who are outside the United Kingdom, during the war. Parliament has already made some provision to this effect in the Evidence and Powers of Attorney Act, 1940. That Act enabled power to be conferred to administer oaths and take affidavits on officers of the three Services, who were defined by an Order, and also on the diplomatic and consular officials of the protecting Power. The protecting Power at that time was the United States of America, and we are most grateful to the diplomatic and consular officials of the United States, when they were neutral in the war, for the service which they rendered in securing the necessary testimony from British subjects who were abroad, whether they were serving or were in prisoners' camps. If such a British subject has to swear an affidavit in some proceeding or other—debt or divorce, or whatever it may be—he must get somebody who is authorized to administer the oath and authenticate his deposition. That was done under our previous Act by the protecting Power—namely, the United States of America.

The protecting Power now is, I think, for most purposes Switzerland, and we have found that the great changes which have taken place in the war situation since 1940 have rendered the facilities granted by the principal Act and the Orders which were made under it insufficient for present requirements. There are no facilities at present for adminis- 493 trating oaths in prisoners of war camps for non-commissioned officers and other ranks. That was done by the good offices of American officials, but unfortunately it now turns out that the Swiss officials, who have succeeded to the position of the Americans as representatives of the protecting Power, are unable to administer oaths, or take affidavits, and there is at present no one in such a prisoners of war camp who can do so. That, for practical reasons, is a very awkward situation for many individuals. A man in one of these camps may wish to swear an affidavit for many purposes, and at the present time proceedings are being held up in this country because the affidavit cannot be taken. There are also no facilities for swearing affidavits at present available to interned British subjects, other than prisoners of war, either in Europe or in the Far East. There again we want to make the arrangements easier.

What the new Bill does is this. It extends the present facilities by conferring on the Lord Chancellor a power to make Orders in much wider terms than did the previous Bill. It is intended that as soon as the Bill passes into law an Order should be made conferring power to administer an oath on the British camp leader in a prisoners of war camp for non-commissioned officers and other ranks, and, on the camp leaders in internment camps, for civilians. Similar power will be conferred on certain other selected classes of people, for instance, masters of ships who may be prisoners of war, and officers carrying out certain administrative services in the Far East. This is nothing but a piece of machinery, though very necessary to be authorized, in order that our fellow subjects, who at present in many cases are not able to help themselves, being in some form of detention or confinement abroad, may nevertheless have their affairs at home facilitated by the machinery of affidavits. I beg to move.