HC Deb 08 April 1959 vol 603 c27W
Mrs. Emmet

asked the Secretary of State for the Colonies if he will give further details of the manner in which the Commission of Inquiry into the Nyasaland disturbances will be set up.

Mr. Lennox-Boyd

I would invite the attention of my hon. Friend to the statement which was issued on 3rd April, the text of which is as follows:

NYASALAND COMMISSION OF INQUIRY

"The Secretary of State for the Colonies has now completed his consideration of the form in which the Commission of Inquiry into the Nyasaland disturbances should be set up, and the extent to which the manner in which it should conduct its inquiries should be laid down in the instruments appointing it.

2. After consultation with the Governor of Nyasaland the Secretary of State has reached the conclusion that the most appropriate course will be for him to set up the Commission, and it is his intention to advise Her Majesty to make an Order in Council conferring upon him power to make all provision that may be necessary to enable the Commission to carry out its Inquiry in Nyasaland. This Order in Council and the Warrant of Appointment which would be issued under it will be published and will give full details of the arrangements to be made.

3. In view of the paramount importance of ensuring that no witness in possession of relevant information should be deterred from giving that information to the Commission through fear of subsequent victimisation, it is considered essential that the Commission should sit in private. Consequently it is proposed that, while a witness will be entitled to have his legal representative with him while he is giving evidence, neither he nor his legal representative will be permitted to be present while any other person is giving evidence. It is intended that the Commission should have power to take evidence on oath.

4. Arrangements will be made to enable the Commission to hear evidence, should the Commission wish to do so, from persons detained anywhere in the Federation by or on behalf of the Governor of Nyasaland.

5. It is hoped that the Commission will leave by air for Nyasaland on the 9th April."