MOROCCAN OFFICERS' DEPORTATION FROM GIBRALTAR (Hansard, 11 September 1972)

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

§ THE MINISTER OF STATE, FOREIGN AND COMMONWEALTH OFFICE (BARONESS TWEEDSMUIR OF BELHELVIE)
My Lords, the two officers concerned were returned to Morocco in accordance with the Gibraltar Immigration Control Ordinance as undesirable immigrants. This was not therefore extradition and does not involve any modification to the practice of extending asylum to political refugees.

§ LORD BROCKWAY
My Lords, while thanking the noble Baroness for that reply, may I ask whether she appreciates, in the words ofThe Times, the "deep disquiet" about this action, because, first of all—and despite what the noble Baroness has said it is relevant—there is no extradition treaty with 5 Morocco; secondly, these persons were given no opportunity of exercising their legal right to go to the courts; and thirdly, they were not given the opportunity of being permitted to go to another country rather than Morocco?

BARONESS TWEEEDSMUIR OF BELHELVIE
My Lords, I would say, first of all, as I said in my original reply, that this is not extradition, because, under Section 43 of the Ordinance in Gibraltar, any non-Gibraltarian who has entered Gibraltar and who, in consequence of any information received from any source, is considered by the principal immigration officer to be an undesirable immigrant can be sent back. It is not necessary for him to go to another country because it is usual to send the person concerned, if he is a prohibited immigrant, back to the country of origin.

§ LORD SHACKLETON
My Lords, is the noble Baroness not aware that there is the deepest anxiety over this particular incident? Am I right in understanding that there was in fact no need to have returned them, and that it would have been possible for them to be moved somewhere else? Does not the noble Baroness agree that there are occasions where refugees have come to this country who would also strictly have been prohibited immigrants? I would invite her to ask her colleagues in the Government to think about this matter very carefully, because I believe there must be great anxiety over what has happened.

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, a great deal of careful thought was given to what is always a very difficult problem. There are about 3,000 Moroccans working within Gibraltar, and it was felt that this particular section of the Immigration Control should be used, as the presence of these two officers would not be conducive to the public good.

§ LORD HALE
My Lords, is the noble Baroness aware that this explanation, with great respect to her, makes matters very much worse? These two men were sent back to a firing squad. The question is not whether they should have been allowed to remain in Gibraltar, but whether they should have been sent to a country where they had been working, under the directions of the King and of 6 a convicted murderer responsible for one of the worst political crimes in Europe in our day. Should not investigation be made as to whether this gentleman, who is now said to have committed suicide, was, or was not, then alive? They are sent to a firing squad because, according to the noble Baroness, they were thought to be"undesirable". Everyone knows that there is no justice in Morocco, and everyone knows that even if there was they might well have been shot. But to send them back by return, "parcel post"—

§ LORD HALE
—without any adequate consultation with the authorities, without any investigation of the circumstances, and without any full knowledge, is something so deplorable that we welcome Mr. Bernard Levin writing on this with the pen of Voltaire.

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, the fact remains that these two officers are going to come for trial under Moroccan laws. The fact must also be taken into account that these officers were alleged to have taken part in an attack on an unarmed aircraft containing no fewer than 100 people, including the King, and that when this was unsuccessful they went and shot up Rabat airport, where many kinds of people were involved who had no political connection whatever.

§ LORD SHEPHERD
My Lords, I hope that the noble Baroness will give careful consideration to what she has said. She is repeating allegations as though they were evidence. I recognise the noble Baroness's difficulty, but would she confirm that the authorities in Gibraltar consulted her right honourable friend the Foreign and Commonwealth Secretary before this decision was taken?

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, my right honourable friend was consulted. I think that it should also be borne in mind, in connection with the decision to send the officers back, that there is widespread distress and anxiety about the terrorist activities which are taking part all over the world.

§ LORD HARVEY OF PRESTBURY
My Lords, while not disagreeing with some of the concern that has been 7 expressed, I should have felt happier if the Government of the day under Mr. Harold Wilson had done something about the extradition of Mr. Tshombe when he was abducted in a British aircraft. Nothing was done at all, and that was the first of the hijackings. Are not these matters very complicated, and do they not need very careful consideration?

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, that is perfectly true, but the particular incident to which my noble friend referred is another question.

§ LORD SHACKLETON
My Lords, while welcoming the noble Baroness's reply that this was another question, may I ask her whether she will bear in mind that there is a very important principle to which this country has been devoted for many years, and that is the right of political asylum? This decision has caused deep concern. Will she ask the Government again, whatever they may have done—and this was a decision clearly taken in the greatest haste—whether it was consistent with the constitutional practice and freedoms of this country?

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, I have studied the constitutional practice with the greatest care, and I am satisfied that the Governor had a perfect right either to grant or to refuse political asylum. He is primarily, just as we are in this country, responsible for Gibraltar and the welfare of its inhabitants.

§ LORD ANNAN
My Lords, would the noble Baroness confirm that since 1858, after the Orsini outrage against Napoleon III, it has not been customary to give asylum to those engaged in assassination, or in plots of assassination, against sovereigns of another country?

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, I could not, without notice, give a categorical reply to the noble Lord's question, but I would say that the question of terrorism was certainly taken into account in this decision.

§ LORD FOOT
My Lords, may I ask the noble Baroness this question? She has told us that these people were 8 excluded under the immigration regulations. May I ask whether there is anything in the immigration regulations which requires these people to be sent to any particular place, or whether under the regulations they can go back to any place they like?

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, no comment was received from those concerned when it was decided that they should go back to Morocco. As I understand it, they could go to another country, but it is customary to send them back to the country of origin.

§ LORD FOOT
My Lords, following on that reply, may I ask whether these two people were asked where they wanted to go?

§ BARONESS TWEEDSMUIR OF BELHELVIE
So far as I know, no, my Lords.

§ LORD SEGAL
My Lords, instead of describing these two officers as undesirable immigrants, would it not be more correct to describe them as political refugees and, as such, at least entitled to some consideration of their case before they were sent back to what will probably be their instant death?

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, of course consideration was given to this question, but the subject of political refugees is very complicated and involves questions of persecution on grounds of race, religion or nationality. This case could not possibly come under that heading.

§ LORD BROCKWAY
My Lords, will the noble Baroness agree that both her own reply and this discussion show that there should be some clarification of the confusion about the law in relation to extradition and deportation on the ground of not being desirable immigrants? Does the noble Baroness remember that ever since many years ago, when I raised this issue in another place—the noble Lord, Lord Brooke of Cumnor, was then Home Secretary—it has been accepted that in cases where there is a political element a person shall be allowed to go to another country, rather than to a country where he may be under liability to death or imprisonment?

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, on the first point, I regret it if I have caused any confusion—I did not think I had—in the House this afternoon. But I would say that under Section 46 of the Gibraltar Ordinance Act these persons could have been removed—"removed"is the operative word—for a political offence. They were in fact sent under Section 43. The Governor of Gibraltar and ourselves have a responsibility to those concerned and to Gibraltar, and I think it is right that this decision was taken.

§ LORD BARNBY
My Lords, does it not seem regrettable that there should be this widespread expression of sympathy with actions that were as distasteful, as dangerous and as contrary to humanity as these attempted actions were?

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, I was careful to say that these were alleged actions, because of course there will be a trial. But the fact remains that we have to take into account the widespread terrorism all over the world, and somewhere we have to take a stand.

§ LORD ALPORT
My Lords, in view of the character of the next Question in the name of the noble Lord, Lord Janner, would it not be appropriate for us to turn to that question now and consider it in antithesis to the Question which is now under consideration?

§ LORD BROCKWAY
My Lords, may I ask the noble Baroness whether she is aware that those of us who are putting these questions are concerned with liberty and that we have no sympathy at all with the attempted assassination which took place in Morocco? May I also ask her to answer the second question which I put to her, about the right of these people to go to another country when there is a political element involved?

§ BARONESS TWEEDSMUIR OF BELHELVIE
My Lords, I am very glad that the noble Lord expressed his concern about acts of this kind, which I think will be shared by the House as a whole. I answered his second question earlier. I said that it is customary to send a prohibited immigrant back to the country from which he came.