HL Deb 19 March 1969 vol 300 cc902-13

3.54 p.m.

LORD CHALFONT

My Lords, with the leave of your Lordships' House I should like to repeat a Statement on Anguilla that is being made in another place. Perhaps I should say that it is a long Statement. It begins:

"With your permission, Mr. Speaker, and that of the House, I wish to make a Statement on Anguilla.

"I have to inform the House that action was taken this morning to install Her Majesty's Commissioner on Anguilla. A small military force, accompanied by British police officers, landed on the Island. The military force is acting in support of the civil power, and I am glad to say that the operation, which took place a few hours ago, has proceeded peacefully."

My Lords, perhaps I may break off here, to say that I think all your Lordships will agree that a good deal of the credit for the peaceful nature of this operation must go to all ranks who are taking part in the operation. The Statement continues:

"Independent Commonwealth Governments in the Caribbean were informed of our intention before action was taken, and are in general agreement with our objectives. Governments of the Associated States in the Caribbean have also been kept fully informed and also agree.

"Saint Christopher, Nevis and Anguilla which had been administered as a unified territory since 188: became an Associated State on the 27th February, 1967, following the usual processes of Constitutional advancement. In May of that year the inhabitants of Anguilla ejected the small detachment of State Police from the Island, and subsequently purported to declare themselves independent. Since then there has been no lawful Government on the Island.

"Many attempts have been made to reach a satisfactory settlement of the dispute between the Anguillans and the Central Government. A conference was held in Barbados in July, 1967, and was attended by Ministers from the independent Commonwealth Caribbean Governments—namely, Barbados, Guyana, Jamaica, Trinidad and Tobago—Her Majesty's Government in the United Kingdom, the St. Kitts Government and leaders of the Anguillans.

"A further attempt to provide an interim settlement was made in December, 1967, and January, 1968, when an agreement between Her Majesty's Government, the St. Kitts Government and the Anguillan leaders was negotiated by my honourable friend the Member for Birmingham, Northfield and the honourable Member for Surbiton. This arrangement, or interim settlement as it came to be known, provided for the introduction of a senior British official, Mr. Tony Lee, to advise on the administration on Anguilla for a period of twelve months during which it was agreed that efforts would be made to negotiate a lasting settlement on lines acceptable to both parties, who undertook to refrain from hostile action during this period.

"Before the expiry of the twelvemonth period, a determined attempt was made to establish whether common ground existed. Talks were held in London last October under the chairmanship of my honourable friend the Parliamentary Under-Secretary, attended by the Premier of St. Kitts and the Anguillan leader, Mr. Webster. At these talks the possibility of a lasting settlement was discussed, and the possibility of extending by agreement the interim settlement. No agreement, however, was reached.

"The Anguillan leader notified me on the 30th December that the interim settlement was at an end. Mr. Lee was then withdrawn from the Island but we arranged for him to pay periodic visits to Anguilla. On the 9th of January for the second time Mr. Webster declared the Island independent of St. Kitts and subsequently announced that all legal ties with the Crown had been severed.

"Now I come to recent events. In the course of his recent visit to the Eastern Caribbean my honourable friend the Parliamentary Under-Secretary had discussions in St. Kitts with the State Government. He found that they recognised the strength of feeling in Anguilla against the restoration of control over the Island by the State Government. My honourable friend visited Anguilla on the 11th March to put forward our proposals.

"He made clear to the islanders when he arrived that the British Government wanted to restore lawful government in Anguilla and then work out a long-term solution of the island's problems acceptable to all concerned, especially the inhabitants of the Island itself. For this purpose Mr. Lee was to be established on Anguilla as Her Majesty's Commissioner.

"These proposals received an enthusiastic response at the airport from which it was evident that the Anguillans as a whole would have welcomed them. After this reception an armed minority decided that the proposals must not be further discussed with the people of the Island. My honourable friend the Parliamentary Under-Secretary was confronted with a group of armed men who demanded his withdrawal from the Island. After shots had been fired, he decided to leave the island to avoid possible bloodshed.

"Our concern has all along been for the people of Anguilla. We want them to enjoy good government and to enjoy it unintimidated and in freedom. As I told the House yesterday, it is not our purpose to see the Anguillans living under an administration they do not want. We have, however, a responsibility under the West Indies Act. We took action because conditions in Anguilla were such that it was impossible for us to discharge our constitutional responsibilities for defence and external affairs. We have therefore installed in Anguilla a Commissioner in whom certain powers have been vested by an Order in Council made yesterday.

"The whole Caribbean area needs stability in order to make progress. It is an area which is particularly susceptible to exploitation. There is also among these small Islands the danger of fragmentation. The countries of the Commonwealth in the Caribbean attach great importance to the rule of law and to acting in accordance with Constitutions rather than flouting them. A meeting of Heads of Government of Caribbean States last month expressed concern at the continuing deterioration of the situation on Anguilla and called upon Her Majesty's Government to take all the necessary steps, in collaboration with the Government of the State, to confirm the territorial integrity of St. Kitts/Nevis/Anguilla.

"As regards the future, Her Majesty's Commissioner will remain on the Island until a lasting settlement can be negotiated which will pay full regard to the wishes and interests of all concerned, in particular to those of the inhabitants of the Island, who can then go ahead with the development of the possibilities and amenities of their Island."

4.0 p.m.

LORD CARRINGTON

My Lords, I am grateful to the noble Lord, Lord Chalfont, for repeating that Statement, and I have no doubt, and I am sure none of your Lordships has any doubt, that the forces who took part in this operation played their part in an exemplary fashion. I am sure that all your Lordships will be pleased, too, that there has been no bloodshed in this rather curious affair, which might have been written partly by Graham Greene and partly by Lewis Carroll. The first thing, I should have thought, is to reassure the islanders as to why the troops are there. I am bound to say that the whole episode has been a dreadful example of Government bungling. Really none of it should have been allowed to happen. There was plenty of warning and the Government consistently and continually underrated the difficulties. Indeed, I remember listening to a speech made by my noble friend Lord Jellicoe during the passing of the West Indies Bill in this House when he voiced grave misgivings as to what the future of this Associated State might be. I hope the Government will now make clear exactly what they are proposing to do. I must confess to being a little confused.

There are hundreds of questions one could ask, but may I select just four of them? Was this operation undertaken at the request, or with the agreement of Mr. Bradshaw? That is the fist question. If it was not, what is the legal authority of the Government to intervene in the affairs of one constituent of an Associated State? Then may I ask the Government whether they intend to let the islanders of Anguilla decide their own future? Mr. Whitlock, as I understand it, when he went to the Island, said that there would be direct administration by the British Government for some years and then they would be allowed to decide their own future. I have seen what purports to be a copy of what he said; perhaps if I am wrong the noble Lord, Lord Chalfont, will tell me. But why should it be administered directly for some years? Why cannot the islanders be allowed to decide their own future? Lastly, will the noble Lord give an assurance that the islanders will not be forced to go back under the rule of St. Kitts?

LORD CHALFONT

My Lords, let me say first that I am surprised that any noble Lord should find this situation at all humorous. I am rather put out by the reference to Lewis Carroll. There seems to be a sort of Ealing Studios syndrome at work here, by which any small island, especially if it has coconut palms, is thought to be funny. I do not think there is anything funny about this situation, and equally, and for this reason, I resent the suggestion that this has been as the noble Lord says, "An example of Government bungling". As I thought I pointed out in the rather long Statement that I had to repeat to your Lordships' House, we have been trying for some time to solve this problem peacefully, and it was only when we discovered that a peaceful solution was not possible that we took the action that we have taken now. I think that having regard to its implications it is singularly inappropriate that this episode should be referred to in light terms, or that it should be the subject of merriment in your Lordships' House.

So far as the specific questions are concerned, as I pointed out in my Statement, we have been continually requested by the State Government to restore law and order in Anguilla, and to that extent we are acting at their request and with their support, but the legal authority for our action is in fact nothing to do with that. The legal authority derives from Section 7 subsection (2) of the West Indies Act, and perhaps I could refresh the noble Lord's memory about that subsection. It gives us the power to make such legislative provision as seems to Her Majesty's Government to be appropriate in the interests of the United Kingdom responsibilities for external and defence affairs which, as the noble Lord will know, were reserved to us when statehood was formulated. The power is thus not confined to legislating about defence and external affairs topics but is wide enough to include making provision for a situation such as the present one where Her Majesty's Government would be, or might be, hindered in the exercise of their responsibilities or prevented from properly exercising them. That is the legal authority for the action we have now taken.

So far as the future of these islands is concerned, I have made it clear, I think, in the original Statement that it is no part of the Government's purpose or policy to see the Anguillans living under any kind of Government or administration they do not want. I do not think I can put anything more clearly than that. I must confess that in the long list of questions that the noble Lord put to me I have now forgotten what the last one was.

LORD CARRINGTON

My Lords, why should it take years to get a settlement? Why cannot the islanders decide their own future quickly?

LORD CHALFONT

No, I think the noble Lord asked me—perhaps I may remind the noble Lord what he asked me—to give an assurance that there would be no question of returning to the direct rule of the Associated States—what the noble Lord called "St. Kitt's". Was that not the question?

LORD CARRINGTON

My Lords, I thought the noble Lord had answered it. I was not very satisfied by his answer, but I am getting used to that.

LORD CHALFONT

My Lords, the noble Lord did ask that question and I did answer it. I am sorry if I am now answering it twice, but I think it is for the convenience of your Lordships' House to say once again that the Anguillans will decide the form of Government they want, and it is no part of our purpose to see them under any kind of Government they do not want.

LORD GLADWYN

My Lords, I would like to associate those on these Benches with what has been said about the typically good conduct of the British troops participating in this operation. Having said that, may I ask whether it is a fact that in no circumstances will the Anguillans come under the rule of Mr. Bradshaw without their own consent? That is to say, may we assume that there will be some kind of plebiscite in Anguilla before that can take place? May I also ask whether it is the Government's view that it would be possible to continue an associated status for the Island of Anguilla indefinitely? Do they think that is possible?

LORD CHALFONT

My Lords, I think that the noble Lord's questions are really much more for the future than for the present short discussion in your Lordships' House. We have now installed Her Majesty's Commissioner on the Island and a good deal of the recommendations for the future of the Island will depend upon what circumstances he finds there, and how he finds the attitude of the people and of their leader. So far as a plebiscite is concerned, I think we should recall that this is a small island with a population of about 6,000, and there are ways of discovering their wishes other than by plebiscite. I think this, too, should be a matter for the future and for whatever recommendations we get from Mr. Lee when he has had a chance to test the temperature of the politics on the Island.

VISCOUNT DILHORNE

My Lords, the noble Lord said the legal authority for the Government's action was Section 7, subsection (2). That is the section that gives power to legislate. Such legal authority as there may be must depend on what legislation has been made by Order in Council. No Order in Council, I understand, has yet been laid. Will the noble Lord give an assurance that one will be laid, and laid as soon as possible, or, if there is no requirement for laying it, to make it public? A Statutory Instrument has been laid, I understand.

LORD CHALFONT

My Lords, there may be some misunderstanding here. An Order in Council has in fact been approved and laid. It came into effect at midnight. It was made yesterday. There is a copy now available, and this gives the necessary authority to install Her Majesty's Commissioner on the Island.

LORD BROCKWAY

My Lords, is my noble friend aware that many of us are shocked by the action which has been taken by Her Majesty's Government in the use of troops? Many of us are shocked and are very disturbed by the effect this will have upon peoples in ex-colonial territories throughout the world. I am asking two questions. Why, if the Government now say that they are not prepared to impose on the Anguillan people a constitution not acceptable to them, have they, for over a year, resisted exactly that principle even when the Anguillan people, by an overwhelming majority in referenda, indicated their refusal to be part of the St. Kitts Government. My second question is this. Why have the troops gone to Anguilla itself? Why did not the Government accept the suggestion which I ventured to make yesterday that they should remain in Antigua until there had been a reply from the authorities in Anguilla? Was not that reply to the effect that they would not resist and were prepared to negotiate? If that was their reply, why was it necessary to send the troops to the Island of Anguilla?

LORD CHALFONT

My Lords, I am sorry that my noble friend is shocked by the action taken by Her Majesty's Government. The position is that all attempts which we have taken in the past to solve this complicated problem by negotiation have failed. We have been trying hard to do so, and the last episode in the story was when my honourable friend, the Parliamentary Under-Secretary, went to Anguilla with a proposal that seemed to be acceptable to the majority of Anguillans only to be confronted with armed persons, who fired shots at the house in which hew as and demanded that he should leave. It seems to me that in that situation, when we decided that the only way now to proceed was to put Her Majesty's Commissioner on the Island under an Order in Council, it was incumbent upon us to ensure that the went ashore in circumstances of security and safety.

SEVERAL NOBLE LORDS: Hear, hear!

LORD CHALFONT

In order to achieve that, we have used the minimum of force. As I have told my noble friend, the operation was carried out quite peacefully. I fail to see that anything has been lost by sending the troops, whereas if we had not taken precautions a great deal might have been lost, including lives.

LORD ROYLE

My Lords, in the light of the Statement which has been made by my noble friend, may I repeat the question which I put to him yesterday? Will it now be Mr. Lee's purpose to invite the people of Anguilla to accept, as a first step, direct administration for some time from London?

LORD CHALFONT

My Lords, I can certainly say that for a period, at any rate for some time, Her Majesty's Commissioner will remain on the Island. This is a form of direct administration. This will continue for some time. What happens next will depend upon the advice that we receive from Mr. Lee when he has found out a little more about the political possibilities on the Island. May I take the opportunity to correct a statement that I made to the noble and learned Viscount? I am afraid that the Order in Council is not available now. It has been laid, it has been approved, everything is in order legally, but we shall not be able to see it until tomorrow.

VISCOUNT DILHORNE

My Lords, if it has been laid in this House, then there should be a copy in the Minute Room. I have been to the Minute Room, and there is no copy. It was not laid yesterday because it would appear on the Minute Paper. Unfortunately, it would seem that as yet it has not been laid. If that be so, all I ask the noble Lord to do is to ensure that it is laid without delay and copies are made available for Members.

LORD CHALFONT

My Lords, I will give that undertaking. What I said, at least what I thought I said, was that the Order in Council had been made. It was made and approved and it came into force at midnight. As the noble and learned Viscount will know, it does not have to be presented to Parliament in order to come into force. It will be laid as soon as possible.

LORD CARRINGTON

My Lords, both the noble Lord, Lord Gladwyn, and I asked for a categorical assurance that the islanders of Anguilla would not be returned to the Associated States under the rule of St. Kitts against their wishes. That question is capable of an answer "Yes" or "No". The noble Lord did not answer it directly, but merely repeated part of the Statement. It will be within the recollection of your Lordships that a great deal of misgiving was caused by the failure of the noble Lord, Lord Chalfont, to answer a question of that kind over the Falkland Islands, when he could have given a "Yes" or "No". I can think of nothing which would do more good in the Island of Anguilla at present than for the noble Lord to come out and say "Yes" to that question.

LORD CHALFONT

My Lords, as the noble Lord rightly reminds me, I have had trouble about this matter of "Yes" and "No" answers before. What I had attempted to do was merely to stand by the assurance which was given by my right honourable friend in another place, that it was no part of our purpose that these people should live under an administration which they do not want. If the noble Lord wants me to say that that includes not living under the State Government of St. Kitts, Nevis and Anguilla if they do not want it, the answer is, Yes.

LORD TREFGARNE

My Lords, can the noble Lord tell the House why there has been such secrecy in this matter? Why was it not possible for us to have been given this Statement yesterday or the day before, as clearly was the wish both of this House and of another place?

LORD CHALFONT

My Lords, although the wishes of both this House and the other place are of the greatest importance, it is equally important that, if a military operation is to be carried out, we do not advertise in advance the exact details of where it is going to take place and when.

LORD TREFGARNE

My Lords, is it the case that the Government withheld this Statement because they feared that some opposition would be engendered in Anguilla?

LORD CHALFONT

My Lords, the very fact that it was thought necessary to mount a military operation indicated that there was a possibility of opposition, otherwise it would not have been necessary to send in troops with Her Majesty's Commissioner. Therefore it was thought right, as in any other military operation, to keep the details secret until the operation had taken place.

LORD WILLIS

My Lords, may I ask my noble friend to enlarge on the point in his Statement about the group of armed men in Anguilla? There is an implication that the Island has fallen under the dictatorship of a small band of armed men; we have all read stories in the newspapers about the Mafia. Would my noble friend enlarge on this, and tell the House whether some kind of armed dictatorship has been established? I share with my noble friend Lord Brockway the shock at the use of troops in this matter. Could my noble friend give an assurance that this show of force is not a precedent for the use of force in other, bigger and more serious matters?

LORD CHALFONT

My Lords, in regard to the first part of my noble friend's question, all we know is that there are people on the Island who are armed. To what extent they exert political influence is a matter upon which I hope Mr. Lee will be able to advise us quite soon. Certainly they were strong enough to put on a demonstration at the time of the visit by my honourable friend, the Parliamentary Under-Secretary. As for the sense of shock felt by my noble friend, I should like to say to him that if he regards this as a show of force, he has totally misunderstood the situation. This was not a show of force. This was a security operation to ensure that Her Majesty's Commissioner could land safely on the Island of Anguilla.

THE EARL OF SELKIRK

My Lords, my understanding is that if it is a security operation it does not come under Section 7(2). It ought to come under Section 7(1) The noble Lord has made no statement about defence or foreign affairs to which Section 7(2) refers.

LORD CHALFONT

My Lords, I disagree that it comes under Section 7(1), which deals with an operation or an action carried out at the request of one of the Governments concerned. Section 7(2) means that Her Majesty's Government can as of right take the action which we have taken and take the necessary steps to see that it is carried out peacefully and effectively.

THE EARL OF SELKIRK

My Lords, does that mean that we are there by right of conquest?

LORD CHALFONT

My Lords, no, it does not. It means that we are there by the legal authority of Section 7(2) of the West Indies Act.