§ 2.45 p.m.
§ VISCOUNT STANSGATEMy Lords, I beg leave to ask a Question by Private Notice concerning the Hola case. The Question is: Whether the Government will make available to this House the text of the Cowan plan and of the coroner's report on the Hola case; whether the dead men were detainees or convicts; and what compensation will be paid to their dependants, if any.
§ THE MINISTER OF STATE FOR COLONIAL AFFAIRS (THE EARL OF PERTH)My Lords, the one available copy of the coroner's report has already been placed in the Library of the House of Commons. As soon as further copies become available—I hope that that will be very soon—one will be placed in the Printed Paper Office. The text of the Cowan plan is contained in the coroner's report as Exhibit "P". All of the dead men were detainees. Four had been convicted of Mau Mau offences but subsequently their sentences had been commuted under prerogative powers to enable them to he transferred to detention camps for rehabilitation. The Kenya Government are considering the question of payments to the dependants of the dead.
§ VISCOUNT STANSGATEMy Lords, it is a pity that we cannot have a copy of the report. I should have thought that it could have been printed; it has been printed in Kenya. Does the noble Earl accept this statement or is this in the report: Mr Goudie said that the Cowan plan, which apparently had Government backing and approval gave intentional or unintentional carte blanche in forcing detainees to carry out a task? There was beating to compel detainees to work or punishment for not working. The latter was entirely unjustified and illegal. And does the noble Earl accept this comment from The Times:
They were beaten to death in the course of an attempt by the warders to compel them to work. The Cowan plan led straight to the fatal result."?
§ THE EARL OF PERTHMy Lords, I have already said that I hope that copies of the report will be available very soon. This is a bulky report and copies have not come in. We have already sent a cable asking for further copies which will be available soon. In regard to the second point, I do not accept the comment as published in the papers which the noble Viscount has read out. I think that when he sees the report he will see the reasons for that. The Cowan plan was not illegal in its instruction. It was fully understood, and I think that the inference that was drawn was not correct.
VISCOUNT ALEXANDER OF HILLS BOROUGHMy Lords, the House knows, of course, that in all parts of the country there is a good deal of anxiety about the situation. The right honourable gentleman the Minister said last week that Her Majesty's Government were awaiting the report to the Governor—I take it that he was referring to the report of the Attorney-General for Kenya. Might we know if that report has been received or when it will be received, for upon that report will depend any questions that we should wish to put as to action to be taken.
§ THE EARL OF PERTHMy Lords, I believe that the Attorney-General has informed the Governor that the available evidence does not permit the framing of a charge against identified individuals in respect of identified illegal force used in the course of the operation. He has thus reached the same conclusion as the magistrate who undertook the judicial investigation, who said:
It is impossible to determine beyond reasonable doubt which injuries on the deceased were caused by justifiable and which by unjustifiable blows, and which injuries or which combination of injuries resulted in the shock or hemorrhage causing death.Disciplinary proceedings are, however, to be initiated against the Camp Commandant, Mr. Sullivan, and against Mr. Coutts. Meanwhile they are being interdicted from duty. No disciplinary charges are contemplated against the ordinary staff.
§ VISCOUNT STANSGATEMy Lords, the noble Earl will observe that the Question I put had nothing whatever to do with alleged private offenders. It is a direct attack on the policy of the Kenya Government.
LORD SALTOUNMy Lords, may I ask Her Majesty's Government whether, in view of the extremely rapid and accurate methods of duplication which are available to-day, there is any real reason for treating the two Houses differently in respect of the production of a report like this?
§ THE EARL OF PERTHMy Lords, frankly, we considered that matter. This report came in yesterday. It consisted of some 150 to 200 pages, and we were hoping that by to-day another copy would have been received, which would have been exactly the same as that already available. But if it is your Lordships' wish, knowing that a further copy will in any case be coming very shortly, I will consider the question raised by the noble Lord, Lord Saltoun.
VISCOUNT ALEXANDER OF HILLS BOROUGHMy Lords, I should like to ask the noble Earl—and I may say at once that we are glad that some disciplinary action is being taken in this matter—whether or not other members of the staff concerned in this matter have been given notice of suspension until further disciplinary action is considered, or have been suspended? Does the suspension apply only to the two persons named?
§ THE EARL OF PERTHMy Lords, the suspension applies only to the two persons named, for the reasons I have already given.
§ VISCOUNT STANSGATEMy Lords, may I ask the noble Earl when we shall have an opportunity of examining the merits of the Cowan plan?
§ THE EARL OF PERTHMy Lords, if, when he has seen the report, the noble Viscount wishes to put down a Question or to move through the usual channels we shall be very happy.