HL Deb 12 December 1973 vol 347 cc1154-5
LORD HALE

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 are the standing instructions to British Embassies as to providing security and refuge for British nationals whose lives and freedom are endangered, and to what extent the traditional right of asylum is available (if possible) to nationals of:

  1. (a) Commonwealth and British Colonial countries;
  2. (b) Common Market and NATO countries; and
  3. (c) Other countries.

EARL FERRERS

My Lords, it is the duty of a British Embassy to take all proper steps to safeguard the interests, including the personal security, of British subjects, including Commonwealth citizens whose country has no Mission here. The Head of a Diplomatic Mission has no general right in international law to grant asylum, and must surrender a refugee to the territorial authorities on their request. The possibility of asylum stems from the inviolability which is enjoyed by the premises in which it is sought, and clearly this must not be abused. Requests for asylum are therefore in general refused, although an Ambassador has discretion to grant asylum if there are extreme humanitarian grounds, such as the need to rescue a person fleeing from mob violence. The nationality of the person seeking asylum is probably irrelevant to the existence of a right to grant asylum on humanitarian grounds.

LORD HALE

My Lords, may I, with complete sincerity, thank the noble Earl for that comprehensive, clear and informative Answer, which I hope he will forgive me for saying will correct some misapprehensions which have seemed, on one side or the other, to creep in when we have discussed this matter? On previous occasions discussions have taken place rather suddenly, with no opportunity for full consideration. So far as I am concerned. I am happy about what the noble Earl has said and I do not think I need to ask a supplementary question; nor need I refer to some of those controversial occasions recently which have given cause for doubt.

SEVERAL NOBLE LORDS

Order!

LORD HALE

My Lords, I apologise for being so long; but, after all, the Question is finishing, so far as I am concerned, a good deal sooner than it was likely to.