§ LORD BROCKWAYMy Lords, I beg leave to ask the second Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government what action they have taken, in cooperation with the Allied Commandments, to prevent the extradition of young men resident in Berlin who decline military service under the redefined conscription law of West Germany.]
§ LORD CHALFONTMy Lords, the Allied Kommandatura, acting on behalf of Her Majesty's Government and the Governments of the United States, and France, reviewed the situation earlier this year and sent a letter to the Berlin Senate defining the position of persons in Berlin in relation to the Federal Conscription Law. Permanent residents of Berlin are exempt from military service with the Federal Armed Forces, and the Allied action ensures that persons taking up residence in Berlin are similarly exempt.
§ LORD BROCKWAYMy Lords, did I hear my noble friend correctly in understanding him to say that those who more recently have taken up permanent residence are exempt from this deportation?
§ LORD CHALFONTYes, my Lords, that was the effect of my Answer. The action the Allies have now taken ensures that persons subsequently taking up permanent residence in Berlin are exempt from the Federal conscription laws.
§ LORD BROCKWAYMy Lords, is my noble friend aware that I very much welcome that statement? In view of the fact that our own Government extradite only persons who are deserters and does not extradite persons who have refused draft calls, may I ask whether this principle could not also be applied in West Berlin?
§ LORD CHALFONTNo, my Lords. Under Federal German law, which is what we are dealing with, a resident of the Federal German Republic becomes a deserter if he has received notice of induction and fails to report. That is their definition of "deserter". When these deserters go to Berlin they do, in our view, become inconsistent with the de-militarised status of the city of Berlin. We therefore take action to remove them.