§ Sir R. Caryasked the Secretary of State for Foreign Affairs (1) why a British teacher, whose name has been given to him, was denied assistance by the British Embassy at The Hague in her efforts to take possession of her property in the Netherlands; and why his Department failed to provide her with services under the Foreign Services Fees Act and the relevant Orders in Council;
(2) why a British trader, whose name has been given to him, was refused legal aid in her efforts to take possession of her property in the Netherlands in spite of the provisions for reciprocal legal aid existing between the United Kingdom and the Netherlands.
§ Mr. William RodgersThe lady in question has been in correspondence with58W the Foreign Office over 11 years and in frequent touch with Her Majesty's Embassy at The Hague and Her Majesty's Consulate-General at Rotterdam regarding her representation in actions brought in Netherlands courts for the disposal of property in which she claims an interest. It has been made clear by the Netherlands authorities that the parties to a civil action under the Netherlands code must be represented by qualified lawyers. This information has been passed to the lady by Her Majesty's representatives and by my Department but she has declined to act up it.
It is contrary to international law and custom for Her Majesty's representatives to intervene in civil or criminal proceedings in foreign courts where cases are still sub judice; the possibility of intervention can only be considered where there are both prima facie grounds for believing that there has been a miscarriage or denial of justice and where normal municipal remedies have been exhausted or it is clearly established that an appeal to a higher municipal authority will have no effect. The lady concerned in this case has provided no evidence to justify a decision to intervene on these grounds. She was not denied assistance by the British Embassy at The Hague, but was given advice on the best method of safeguarding her interests.
There are no existing treaties between the United Kingdom and the Netherlands which provide for reciprocal legal aid to British subjects. Her Majesty's Government are not a party to the International Convention on Civil Procedure which was opened for signature at The Hague on the 1st March, 1954, and which was ratified by the Netherlands on the 28th April, 1959.