HL Deb 12 February 1981 vol 417 cc277-8

3.8 p.m.

Lord Alport

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 whether they will introduce legislation to repeal Section 7, subsection (1), of the Statute of Westminster (22 Geo. 5. c. 4).

The Secretary of State for Foreign and Commonwealth Affairs (Lord Carrington)

My Lords, Her Majesty's Government have no plans to introduce legislation to repeal Section 7(1) of the Statute of Westminster, except at the request and with the consent of Canada.

Lord Alport

My Lords, may I say that it is not necessary for legislation of this kind to be brought into the United Kingdom Parliament to have the request and the consent of Canada? In view of the fact that it is now 114 years since the passing of the British North America Act and 50 years since the passing of the Statute of Westminster, may I ask my noble friend whether it would not be right, in order to prevent any disagreement or misunderstanding between the United Kingdom and Canada, for the United Kingdom Parliament to take action unilaterally to repeal what is really a last relic of the colonial status of Canada, which would then place Canada on an equal constitutional relationship with the United Kingdom with other Commonwealth countries such as Botswana and Bangladesh?

Lord Carrington

My Lords, unilateral action by the United Kingdom to patriate the Canadian Constitution would be contrary to the Request and Consent Convention recited in the Preamble to the Statute of Westminster.

Lord Beswick

My Lords, would the noble Lord take this opportunity of denying an apparent allegation in the press that agents of Her Majesty's Government, in this context, have been tapping the telephone lines of the High Commissioner for Canada?

Lord Carrington

My Lords, it is the convention in Parliament and outside that we never make comments on that kind of thing.

Lord Cledwyn of Penrhos

My Lords, would the noble Lord be good enough to define what is meant by the "request and consent of Canada"?

Lord Carrington

My Lords, it means that they ask and they want it.

Lord Cledwyn of Penrhos

My Lords, with great respect, that avoids the question entirely. Does it mean the Provincial Government, the Federal Government, or both? Would the noble Lord be more precise?

Lord Carrington

My Lords, it means the Federal Government.