HL Deb 10 February 1984 vol 447 cc1371-2
Lord Hatch of Lusby

My Lords, I beg leave to ask the Question standing in my name on the Order paper.

The Question was as follows:

To ask Her Majesty's Government what action they have taken in conjunction with their EEC partners to save the lives of Orton and Vera Chirwa, under sentence of death in Malawi, and what response has been received.

The Parliamentary Under-Secretary of State for the Armed Forces (Lord Trefgarne)

My Lords, this is an internal matter in which we have no standing. Nevertheless, we and our partners are very aware of the humanitarian aspect of this case and are in close consultation.

Lord Hatch of Lusby

My Lords, I thank the noble Lord the Minister for that reply. May I ask him whether he is aware that in this Question there is no implication whatever of any criticism of the course of justice in Malawi? May I ask him further whether he is aware that life President Hastings Kamuzu Banda is held in great esteem in the country and that it would be a great act of clemency, which would give him considerable standing and reputation in this country, if he were to use his clemency to commute the death sentence which has been passed on Orton and Vera Chirwa, who are also held in great respect in Britain?

Lord Trefgarne

My Lords, I certainly agree about the respect in which President Banda is held in this country. The judicial process in this particular case is, of course, now complete, but there is a procedure for consideration of clemency. We understand that under this procedure this case would be referred to the Capital Sentences Review Committee, who would submit their recommendation to the President.

Lord Elwyn-Jones

My Lords, in considering this matter, would not President Banda and his colleagues be well advised to heed the wise and somber words of Winston Churchill: "The grass grows quickly over the battlefield: over the scaffold, never"?

Lord Trefgarne

My Lords, I think we shall take every opportunity to express our views to the Malawian Government in this matter, and we certainly think that the humanitarian aspects of this case ought to be paramount.

Baroness Llewelyn-Davies of Hastoe

My Lords, is the noble Lord aware that the very many friends of this distinguished lawyer and his wife will warmly welcome his statement that Her Majesty's Government are in contact with other governments in the EEC about this, and that we fervently hope that the President, who is known for his humanitarian views, will commute these tragic death sentences?

Lord Trefgarne

Yes, my Lords. I agree with the noble Baroness and, as I say, the British Government and our European partners are considering what the next step might be.

Lord Hatch of Lusby

My Lords, will the noble Lord consider whether he could advise his right honourable friend the Prime Minister that she might take an initiative, perhaps an all-party initiative, before the time is too late, to press, along with other European countries, the claims for clemency in this case and assure President Banda that his reputation would be greatly enhanced if he were to listen to such a plea?

Lord Trefgarne

My Lords, it seems to me that on this rare occasion the noble Lord and I are in no disagreement.