§ 3.38 p.m.
§ THE LORD CHANCELLOR (LORD GARDINER)My Lords, with the permission of the House, and I hope of the right reverend Prelate the Bishop of Worcester, may I intervene to repeat a Statement which has been made in another place by my right honourable friend the Secretary of State for Commonwealth Affairs. The following is the Statement:
"The House will already have learned with deep regret of the execution in Salisbury this morning of the three men whose fate has been so much in all our minds in the last few days. I think that for most of us regret has been accompanied by a sense of shock and outrage at the execution of men, however abhorrent the crimes for which they were sentenced, who had been so long under sentence of death and who had been denied time for their cases to be determined by the court of final appeal. And I would remind the House that, at the time of the executions, proceedings in the Privy Council to challenge their legality had already been begun. I need not dwell on the fact that the executions took place in defiance of the exercise of the Royal Prerogative of Mercy.
"Let me add that nothing can remove or reduce the grave personal responsibility that rests on all those involved in these executions. The legal implications of what has been done are receiving urgent consideration by my right honourable and learned friend the Attorney General.
"In answer to questions in the last two days, I have urged on the House that we should separate the legal and humanitarian considerations, on the one hand, and the political issues, on the 1364 other. But we now have to face the situation which has been created by the régime's decision to execute the three men. That decision defied both common humanity and the Royal Prerogative. It is evident from the reports we have all seen of protracted meetings yesterday in Salisbury of Mr. Smith and his colleagues that their decision was a deliberate and considered one.
"The régime themselves have thus made it impossible to keep the different issues separate as I have been trying to do. In particular, there is the matter of the ideas brought back recently from Salisbury by the right honourable Member for Kinross and West Perthshire. When the news of the impending executions reached us we were carefully considering those ideas. But the régime have created a new and grave situation. The House will understand that I would wish to discuss with my colleagues in the Cabinet before giving a considered view of the consequences which flow from to-day's tragic events in Salisbury.
"Finally, I wish to turn to a quite separate point, which I think I ought to mention to the House. It does not arise from the executions but from certain views recently expressed by the Chief Justice of Rhodesia on the Constitutional issues. There is an instrument, known as a Dormant Commission, which empowers the Chief Justice to discharge the duties of the Governor in the event of the latter's disability. It is clearly inappropriate in the light of the views which Sir Hugh Beadle has expressed that he should be the person designated to discharge the Governor's duties in that event, and we are therefore taking steps to enable the Dormant Commission to be revoked."
§ My Lords, that concludes the Statement made by my right honourable friend.
LORD BROCK WAYMy Lords, is my noble and learned friend aware that all of us appreciate the gravity and the tragedy of the Statement that he has made? May I ask him whether, in view of the fact—and we were reserved yesterday—that to-day it is clear that the régime in Rhodesia has now quite definitely 1365 shut the door on a return to constitutional government, our Government, in the consideration which they are giving, will refer this matter to the Security Council of the United Nations, which has been defied as well as our Government and the Crown?
May I ask the noble and learned Lord, further, whether the Government will consider that through the United Nations firmer action should be taken, rather than concentrating on threats of penalties which unfortunately at the moment we have not the power to operate? Is it not the issue of action to enable this illegal régime to be overthrown, rather than any other issue which arises from these deplorable events?
§ THE LORD CHANCELLORMy Lords, the question of seeking an extension of sanctions by the Security Council is already under consderation by the Government. It is one that needs thorough and careful consideration, and I cannot give any definite answer this afternoon. I am not sure whether my noble friend, in the last part of his question, was referring to a use of force.
§ LORD BROOKE OF CUMNORMy Lords, I share the sense of regret, of shock and of outrage referred to by the Commonwealth Secretary. Since we discussed these matters 24 hours ago, tragedy has been piled on tragedy. Would not the noble and learned Lord the Lord Chancellor agree that this is a time for hard thought rather than for hasty speech, and that it is important for all of us to avoid, by unguarded word, making a grave situation graver still?
§ LORD BYERSMy Lords, I wish, with my colleagues, to be associated with the expressions of the deepest regret at the executions which took place this morning at Salisbury. I would not wish to comment on this brutal act until the Government have made a clear statement. May I ask the noble and learned Lord the Lord Chancellor when we are likely to have another statement, and whether he is in a position to say anything on the future of the Chief Justice? If he is not able to do so, I shall quite understand.
§ THE LORD CHANCELLORMy Lords, I am afraid that I cannot give a definite answer to the first question, but I imagine that a statement will not be 1366 long delayed. I do not think I should comment on the position of the Chief Justice, first because I think we have a practice, which is certainly laid down by Mr. Speaker in another place, that the conduct of judges is not to be discussed except on a Motion, and, secondly, because it is obvious that there is a division of opinion among the Rhodesian Judiciary, Mr. Justice Fieldsend having resigned and Mr. Dendy Young having said that he is not able to follow the views expressed by the Appellate Division.
I have mentioned that this afternoon because both those facts have been censored out of the Rhodesian Press, as also has Mr. Justice Fieldsend's letter of resignation, and the London Parliamentary report of yesterday has been doctored, also to omit any reference to them. For those reasons I would rather not discuss the position of these gentlemen this afternoon.
§ LORD ROWLEYMy Lords, while I agree with the remarks made by the noble Lord, Lord Brooke of Cumnor, would not the Lord Chancellor agree that as a result of these events the position of the Governor will become almost impossible? I would not ask for any information as to any possible decision, but may we take it that, in view of the embarrassment to the Governor, the position he is in will be given most careful consideration?
§ THE LORD CHANCELLORYes, my Lords; of course I share with all my colleagues our great admiration for the Governor, who continues to remain staunch and true.
§ LORD MITCHISONMy Lords, on the constitutional issue do the Government bear in mind the possibility of a reference to the Judicial Committee under Section 4 of the Judicial Committee Act 1933, as was done in 1934 in a case of piracy involving foreign relations?
§ THE LORD CHANCELLORMy Lords, the Government already have in mind the terms of Section 4, but I have some reason to think that in any case before the end of the week there may be a petition to the Privy Council for special leave to appeal in the Madzimbamuto case.
§ LORD MOYNIHANMy Lords, whilst I agree that this is a subject which needs careful consideration, I would ask whether the noble and learned Lord will tell us what he has considered about the question of the other 109 people who I believe are under sentence of death. Whereas I appreciate that one does not want to be rash, I feel that a certain degree of speed may be necessary to avoid what is clearly a murder being turned into a massacre.
§ THE LORD CHANCELLORMy Lords, there are, I believe, about 90 people, but they are very much in our minds.
§ LORD COLERAINEMy Lords, while I accept the advice of my noble friend Lord Brooke of Cumnor to say nothing that would make a bad situation even worse, may I ask the noble Lord the Leader of the House whether some opportunity will be given in the reasonably near future for the House to debate the general matter of the policy of Her Majesty's Government towards Rhodesia?
§ LORD SHACKLETONMy Lords, there are always opportunities open. It your Lordships wish to debate Rhodesia there are days which are available, either in the hands of the Opposition or by other means. Without wishing to discourage the idea, or to say that the suggestion is inappropriate, I have very much in mind the advice of the noble Lord, Lord Brooke of Cumnor, and I think there is much to be said for that. However, obviously the Government would meet the wishes of the House if there was a clearly expressed view. I will bear the noble Lord's request in mind.