HL Deb 08 November 1972 vol 336 cc343-4

3.0 p.m.

LORD NAPIER AND ETTRICK

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 whether they are the only lawful Government of Rhodesia; if they are not, and if the lawful Government of Rhodesia is a separate entity (as the Rhodesia Section of the Commonwealth Relations Division of the Foreign Office has advised persons claiming interest on the Rhodesian stocks), what and where is the separate entity; and whether, in fact, it exists.

BARONESS TWEEDSMUIR OF BELHELVIE

My Lords, there is no lawful Government of Southern Rhodesia. Her Majesty's Government have not assumed the government of Southern Rhodesia. However, the Southern Rhodesia Constitution Order 1965 provides that certain executive powers under Rhodesian law may be exercised by the Secretary of State and that Her Majesty in Council may make laws for Southern Rhodesia.

LORD NAPIER AND ETTRICK

My Lords, I am grateful to my noble friend for that intriguing reply. Is she aware that in a recent test case the judge ruled that a United Kingdom stockholder of Rhodesian bonds was entitled to present a petition of right under the Colonial Stocks Act 1887 to claim payment of dividends which have been defaulted upon since the unilateral declaration of independence, and can she say whether it is the intention of the Attorney General to appeal against this decision?

BARONESS TWEEDSMUIR OF BELHELVIE

My Lords, I am aware of the case in question. The petition of right has not yet been put forward and therefore the Attorney General is not in a position to decide what to do—whether or not to issue a fiat—but I think it is unlikely that he would refuse to do so.

LORD BARNBY

My Lords, if I correctly understood the Minister, she said that Her Majesty's Government has powers to issue by order regulations and other Government practices. Could she indicate ill what way they have the power to enforce it?

BARONESS TWEEDSMUIR OF BELHELVIE

My Lords, I think the most important powers came under Section 2 of the Southern Rhodesia Act 1965, the Southern Rhodesia Constitution Order and the Southern Rhodesia (United Nations Sanctions) Order. But my noble friend is perfectly correct, in that Her Majesty's Government have not assumed all the functions of government of Southern Rhodesia and, as I think is well known in this House, cannot effectively enforce them within the territory.

LORD CLIFFORD OF CHUDLEIGH

My Lords, may we draw any conclusions from what happened in regard to the previous illegal régime, the 13 American colonies?

BARONESS TWEEDSMUIR OF BELHELVIE

I should not wish to draw a conclusion at this moment, my Lords.