§ BARONESS LLEWELYN-DAVIES OF HASTOEMy 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 will urgently represent to the Rhodesian authorities the very serious concern felt in this country over the detention of Mr. Niesewand, the B.B.C. and Guardian correspondent in Rhodesia, and his trial to be held in secret on March 19.
§ BARONESS TWEEDSMUIR OF BELHELVIEMy Lords, as I made clear to the House on February 28, we drew urgently to the Rhodesian authorities' attention the concern felt in this country about Mr. Niesewand. I understand that his detention is now being considered by the Judicial Review Tribunal. Meanwhile, charges have been preferred against him for an alleged offence under the Official Secrets Act. His lawyer has reserved the right to apply for an open trial.
§ BARONESS LLEWELYN-DAVIES OF HASTOEMy Lords, may I thank the noble Baroness for her sympathetic reply, and ask her to accept that we understand the concern the Government feel. But may I ask her whether she is aware that that appeal to the tribunal to which she has referred has been disallowed by the Minister of Law and Order to-day, and that it has been postponed doubtless until after the secret trial to be held next Monday? Can she say whether the Government realise that this is the first of the trials from which the Press have been disallowed entry altogether? They were previously allowed entry though under restriction. Would the noble Baroness bring to the attention of the Rhodesian authorities the fact that we feel that they want to put a total blanket over the whole proceedings?
§ BARONESS TWEEDSMUIR OF BELHELVIEMy Lords, whether or not the Judicial Review Tribunal allowed the appeal does not affect the right of Mr. Niesewand's lawyer to apply for the trial, or part of the trial—which I understand involves the Official Secrets Act—to be held in open court. So long as he is representing Mr. Niesewand, we feel that that is much the best solution.
§ LORD BROCKWAYMy Lords, may I ask the noble Baroness whether it is not the fact that since I put the original Question on this matter, to which she has referred, there have been very serious developments in this case? Is it not the first time that a British correspondent has been subjected to a secret trial in Rhodesia, by a Government that we regard as illegal, and therefore the trial will be illegal? Should it not be the duty of Her Majesty's Government, in that situation, not just to make the protest that they have already made, but to renew it in much more strong and forceful terms?
§ BARONESS TWEEDSMUIR OF BELHELVIEMy Lords, I am sure that the noble Lord will understand that, had we achieved a settlement with Rhodesia, the proposals in 1971 did foreshadow the lifting of the emergency powers under which Mr. Niesewand is now detained. There is no certainty that this will be a secret trial, because his lawyer has the power to apply for an open trial, if he so wishes.
§ BARONESS LLEWELYN-DAVIES OF HASTOEMy Lords, may I ask whether the Government are optimistic of the results of the defence lawyer's attempts to get an open trial? May I further ask whether she could call the attention of the Rhodesian régime to the fact that conditions for this extremely responsible journalist are worsening every day? He has had his typewriter and his newspapers taken away, and his visiting hours are restricted. May we ask Her Majesty's Government to call attention to this fact, which has occurred since her original reply?
§ BARONESS TWEEDSMUIR OF BELHELVIEMy Lords, I do not think that further representations would necessarily help Mr. Niesewand at this moment. As I understacid it, the trial is on March 19, and there is therefore not very long to wait.
§ THE EARL OF DUNDEEMy Lords, does my noble friend think that there might be any chance of the Rhodesian Government accepting, not ally diplomatic representative but an unofficial representative of the Foreign Secretary, such as we had in the person of Mr. Alec Ward a year ago? I am sure that the Foreign Office would like it if it was possible, and would it not be an enormous help in all difficulties of this kind?
§ BARONESS TWEEDSMUIR OF BELHELVIEMy Lords, this is one of the problems that arose when we were unable to reach a settlement with the Rhodesian régime. We did indeed have Mr. Ward as our representative in Salisbury, and after the negotiations were complete and we had accepted the Pearce Commission report, we were forced to withdraw Mr. Ward. I agree with my noble friend that it would be a very great help to have representation there.
§ LORD ALPORTMy Lords, may I ask whether I am right in supposing that Mr. Niesewand is in fact a South African citizen? Has there been any association by the South African Government with any representations made by Her Majesty's Government in this matter?
§ BARONESS TWEEDSMUIR OF BELHELVIEMy Lords, Mr. Niesewand was born in South Africa, but he took out Rhodesian citizenship in 1964. 306 We therefore have responsibility as a British subject.