HL Deb 24 March 1947 vol 146 cc672-4

After Clause 2, page 5, line 30, at end insert the following clause:

Extra-territorial operation of laws of Newfoundland and Southern Rhodesia. .—If and so far as the provisions of any law made by the legislature of Newfoundland or Southern Rhodesia for the purpose of giving effect to the Chicago Convention, any Annex thereto, or an amendment of the Convention or any Annex thereto, or for any other purposes similar to any of the purposes of the Air Navigation Acts, 1920 and 1936, or of this Act purport to have extra-territorial operation in relation to aircraft registered in Newfoundland or Southern Rhodesia, as the case may be, the said provisions shall be deemed to have such operation.


My Lords, rather a curious point arises here. Under the Statute of Westminster, Newfoundland is Dominion and would be fully entitled, by virtue of its powers under that Statute, to exercise the full rights of a State. The Constitution of Newfoundland, however, is in suspense and a different situation arises so that it has only a limited power of legislation, a power of legislation limited to the territory of Newfoundland. Under the Chicago Convention, every State a party thereto is under an obligation not only to see that its nationals comply with the provisions laid down within its own territory but also to see that those nationals comply with those conditions outside their native territories, and that the State in question will take proper action against those of its nationals who infringe those conditions outside, as well as within, its territories. In the circumstances to which I have adverted, Newfoundland is not in a position to exercise any extra-territorial jurisdiction. It is therefore proposed by this Amendment to give it the necessary powers, by virtue of the authority that given by the Parliament of the United Kingdom, to implement its obligations.

So far as Southern Rhodesia is concerned, the position is that whilst it has a Legislature, it has a Legislature with limited powers only, which have no extraterritorial effect. Therefore in the case of Southern Rhodesia also, it is intended by this Amendment to ensure by virtue of the authority thus given by the Parliament of the United Kingdom, that Southern Rhodesia will be able, as a party to the Chicago Convention, to implement its obligations thereunder as regards its nationals acting in contravention of the Convention extra-territorially. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Nathan.)


My Lords, I looked at this Amendment to see whether we were breaking any new constitutional ground, but in another place the Solicitor-General gave a very clear assurance that similar provisions will be included in Section 3 of the Statute of Westminster. Therefore we have no objection to this.

On Question, Motion agreed to.