HL Deb 08 March 1972 vol 329 cc106-8
LORD AVEBURY

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government what representations have been made to the South African Government regarding the deportation of the Bishop of Damaraland; and whether they will seek to raise this matter at the United Nations as a breach of the terms of the mandate of South West Africa.]

THE PARLIAMENTARY UNDERSECRETARY OF STATE, FOREIGN AND COMMONWEALTH OFFICE (THE MARQUESS OF LOTHIAN)

My Lords, as was stated in a Written Reply in another place by my right honourable friend the Secretary of State for Foreign and Commonwealth Affairs, Her Majesty's Government are examining the facts of the case before they decide whether formal representations to the South African authorities would be justified. In this regard, we are letting Bishop Winter know that a Minister will be glad to see him when he arrives in the United Kingdom. Her Majesty's Government have no plans to raise the matter at the United Nations.

LORD AVEBURY

My Lords, is the noble Marquess aware that I have seen the Answer that was given in another place to my honourable friend Mr. David Steel, and I am at a loss to understand why the Foreign Secretary finds it so difficult to get at the facts when it is well known that the Government of the Republic of South Africa on a Friday afternoon specially amended the Removal of Undesirables Act 1920 in order to make it apply to the Bishop, published the notices in the Gazette on the following morning and served the deportation notices on the Bishop, his secretary and a worker priest on Saturday at lunchtime on the eve of the visit of Dr. Kurt Waldheim? In view of the fact that these matters are generally known, why does the Foreign Secretary have to delay before making any representations to the Republic in the case of a British citizen, and why has he decided not to make any similar representations to the United Nations?

THE MARQUESS OF LOTHIAN

My Lords, the documents to which the noble Lord refers are some of the documents which Her Majesty's Government are trying to obtain sight of—there are other documents, notably the text of the affidavits which were submitted by Bishop Winter and his colleagues to the court, and also the judgment of the Supreme Court refusing the Bishop's application for a stay. We consider it absolutely essential that we should have sight of these documents before we can decide to make a formal representation to the South African Government. In addition, as I have said in my Answer, we are very much hoping that Bishop Winter will himself be able to come and see us, and explain the facts of the case from his point of view.

LORD AVEBURY

My Lords, if I may pursue this matter, the noble Marquess is no doubt aware that the Bishop is due to arrive in this country tomorrow. These events happened as long ago as February 25. Surely he would have been able to obtain the additional documents to which he refers before the Bishop arrives, so that representations could be made to the South African Government for a stay of implementation of the deportation order?

THE MARQUESS OF LOTHIAN

My Lords, I am afraid I cannot add to what I have said. We are hoping to get these documents, and we are pressing the authorities in South Africa to allow us to see them.

LORD BROCKWAY

My Lords, in view of the fact that the United Nations have declared that the administration of South-West Africa by the Republican Government is now illegal, is it not desirable that this matter should be raised at the United Nations, particularly in view of the fact that the Bishop was able to see the General Secretary of the United Nations in Cape Town yesterday?

THE MARQUESS OF LOTHIAN

My Lords, of course, as the noble Lord will be aware, the British Government did not accept the ruling of the International Court in this regard concerning South-West Africa. For that reason, we think that this is a matter which should be pursued bilaterally between ourselves and the South African Government. I do not know what passed between the Bishop and the Secretary General, but I have no doubt that the matter was discussed fairly rigorously.

LORD BROCKWAY

My Lords, does that mean that Her Majesty's Government regard a decision by the United Nations as less operative than their own view about the judgment at The Hague?

THE MARQUESS OF LOTHIAN

No, my Lords; I was merely stating the facts of the case as Her Majesty's Government see them.