§ 2.43 p.m.
§ Baroness EllesMy Lords, on behalf of my noble friend Lady Macleod of Borve, and at her request, I beg leave to ask the Government the following Question:
Whether overseas aid from the United Kingdom was used to fund prosecution costs in the recent trial in Malawi of six defendants who were acquitted of the accusation of murder.
§ The Minister of State, Foreign and Commonwealth Office (Baroness Chalker of Wallasey)My Lords, neither overseas aid nor other public funds from the United Kingdom were used to fund prosecution or defence costs in the trial.
§ Baroness EllesMy Lords, with the leave of the House perhaps I may transmit my noble friend's apologies to the House for not being here; she broke her leg over the weekend. I should like now to put a supplementary question.
I am grateful to the Minister for that reply. Is she aware that strong verbal attacks which seem to be politically motivated have been addressed to the judge who acquitted the defendants in that case? The Government are lodging an appeal against the judgment. That will cost several thousands of pounds by way of expenditure from a country which is already extremely poor. Will the Minister take those factors into account when considering what legal reforms should be advised to Malawi and the kind of aid that is given to that country?
§ Baroness Chalker of WallaseyMy Lords, I am sure that the whole House will join us in wishing my noble friend a very speedy recovery from her injuries.
§ Baroness Chalker of WallaseyMy Lords, as regards my noble friend's supplementary question, the whole issue of a trial within Malawi is a matter for the Malawi judicial authorities. We believe that events should be allowed to run their course. Whatever happens there, it is an independent country and it must take the decisions.
However, my noble friend is absolutely right in saying that Malawi is one of the poorest countries in the world. That is why we have been helping it to reform its systems—not only its legal sector but its economic reform, health and eduction sectors, its renewable natural resources, and good government. So far as concerns the legal sector, we have a task force on legal reforms under the chairmanship of a Malawi judge, whose report was finalised last month. It is being considered both by the Government of Malawi and our own Government. I hope that this will lead to new help for the Malawian legal sector as well as all the other matters that I have mentioned.
§ Lord AveburyMy Lords, we join in the general expressions of sympathy to the noble Baroness, Lady Macleod, and send our very best wishes for a speedy recovery.
Perhaps I may ask the Minister whether she appreciates that yesterday was Martyrs Day in Malawi, when dissidents, such as Mkwapatira Mhango the journalist, who were murdered by agents of the former regime are commemorated? Does she agree that, despite the fact that the defendants in this trial were lucky enough to be acquitted, we should join with the people of Malawi in giving thanks for their deliverance from 30 years of one-party dictatorship?
§ Baroness Chalker of WallaseyMy Lords, I was aware that yesterday was Martyrs Day in Malawi, but 5 I realise that the noble Lord's question is what one might call a little loaded. However, we were very pleased to support the elections which took place in Malawi. We believe that they were free and fair. While there are bound to be criticisms in the settling down of a new government, I have to say to the House that there has been an improvement in human rights since those elections. There is now freedom of the press, freedom of speech, and genuine political dialogue in Parliament. Those are good things.
As regards individuals, I do not think that that aspect comes into this Question.
§ Lord ReaMy Lords, perhaps I, too, may express my commiseration to the noble Baroness, Lady Macleod, and send wishes for a speedy recovery.
Is the noble Baroness aware that she has the full support of these Benches in giving assistance to developing countries to achieve good governance? Does she not agree that a state prosecution service, properly constituted and conforming to internationally agreed principles, forms part of good governance? Although the Minister says that there was no actual assistance given in this trial, the assistance that Britain gives to Malawi to upgrade and bring up to international standards its legal service is a thoroughly good thing?
Would she not also congratulate the current Malawi Government on at least initially agreeing to the verdict which went against them, thus accepting the rule of law, even though they are now considering appealing?
§ Baroness Chalker of WallaseyMy Lords, first, I agree with the noble Lord, Lord Rea, about the importance of a sound state prosecution service. That was why just over a year ago we approved £100,000 for the Malawian legal sector to improve the skills of court interpreters, to make sure that there were law books in its High Court library, and to give training to lawyers and High Court judges.
As regards the noble Lord's comment about the Government of Malawi accepting the legal outcome of the Mwanza trial, of course that is right. The government are seeking to improve all their systems, but they have a great deal of work to do. They therefore not only need our help but deserve our support. We constantly make the government aware of their need to practise good government in all its aspects in Malawi. It is not good enough merely to have freedom of speech, of the press and political dialogue; they must also be a transparent accountable government to all their people.
§ Lord McNallyMy Lords, has the Minister made it clear to the Government of Malawi and other recipients of British aid that the Minister's situation is made much easier in winning the case for aid where human rights and independence of the judiciary are expected?
§ Baroness Chalker of WallaseyYes, my Lords.