§ Sir R. Caryasked the Secretary of State for Foreign Affairs whether he will now intervene to assist the British teacher, whose name has been sent to him, in view of the fact that her case is not now sub judice and that it concerns real estate and share securities to which her father is fully entitled.
§ Mr. MulleyAs my hon. Friend the Parliamentary Under-Secretary of State explained in his Answer to the hon. Gentleman on 14th February, 1967, the possibility of intervention can only be considered where there are bothprima 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 174W effect. The lady concerned in this case has been asked to provide evidence to justify a decision to intervene on these grounds but has not done so.—[Vol. 741, c. 57–8.]
§ Sir R. Caryasked the Secretary of State for Foreign Affairs, in view of Her Majesty's Government's direction that, pending the ratification of the 1954 Convention, reciprocity of legal aid shall be effected by the issuing of certificates of indigence by Her Majesty's Consul concerned, why such a certificate was refused to the British applicant whose name has been sent to him; why Her Majesty's Consul refused to see the applicant; and why he refused to accept the certificate which she obtained from other sources, together with the statement for reimbursement of vouchers and receipts, and pass it on to the foreign government concerned who were prepared to give legal aid.
§ Mr. MulleyThe International Convention on Civil Procedure, 1954 has not been signed by the United Kingdom. The question of its ratification by Her Majesty's Government does not therefore arise. I am not aware that Her Majesty's Government have issued such a direction.
Her Majesty's Consuls and other officials at the British Embassy at The Hague have at all times given assistance and advice to the applicant and have at no time refused to do anything which might have been of assistance to her.
Her Majesty's Consul refused in August 1966 to give a certificate of indigence to the British applicant concerned because he was not competent to issue such a certificate from his limited personal knowledge of the applicant's financial position. As an alternative, he offered to allow her to make a Statutory Declaration before him which he was empowered to do, although he pointed out that he believed neither document would assist her to obtain in a civil suit free legal advice and aid from the foreign Government concerned. The applicant apparently accepted this view at the time and did not pursue the matter with him.