HL Deb 12 December 1973 vol 347 cc1153-4

2.38 p.m.

LORD COLYTON

My 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 is the legal status of East Berlin, and in what respect it differs from that of West Berlin.

THE LORD CHANCELLOR

My Lords, the legal status of East and West Berlin is the same; both are part of the Special Berlin Area established by the four war-time Allies at the end of the last war.

LORD COLYTON

My Lords, I know that this is a very complicated matter, but I should like to ask three supplementary questions in the light of my noble and learned friend's reply. In view of the legal situation, why do the documents which constitute the quadrupartite Agreement, September 3, 1971, and which I think came into force on June 3, 1972, contain no references to East Berlin, as such? Is it not the fact that the Soviet communication to the representatives of the Western Powers in that Agreement implied that East Berlin is an integral part of the German Democratic Republic? Thirdly, I should like to ask, since Annex IV A 2(c) of those documents states clearly that, The Federal Republic of Germany may represent interests of the Western Sectors of Berlin in international organisations and international conferences", why it is that the Soviet Union are now disputing the right of the Federal Government to represent the interests of the people of West Berlin at the United Nations.

THE LORD CHANCELLOR

My Lords, my noble friend asked me about the legal status of the two parts of Berlin. I must say that if he had wanted to ask this very important and substantial question he should have given me notice. As the noble Lord probably knows, the Russians and the East Germans now consider East Berlin as the capital of the German Democratic Republic, but the Western Allies have never accepted this position.

LORD COLYTON

My Lords, could my noble friend say a little more about the position at the United Nations?

THE LORD CHANCELLOR

My Lords, I really think that that should be put down as a separate Question.