HC Deb 12 May 1954 vol 527 cc75-6W
56. Mr. Younger

asked the Secretary of State for the Colonies for what reason the Northern Rhodesia Ordinance, No. 54, of 1953, has been passed, permitting the removal of convicted persons from Northern Rhodesia to the Union of South Africa; and whether he has satisfied himself about the prison conditions to which such persons will be submitted in the Union of South Africa.

Mr. Lyttelton

An agreement between the Governments of the Union of South Africa and Northern Rhodesia providing for the transfer of prisoners has existed since 1921. Recently, when the Government of Northern Rhodesia wished to transfer a prisoner who was a citizen of the Union, to South Africa, under the agreement, it was discovered that the power to transfer adult prisoners had been inadvertently repealed in 1933, though the power to transfer juvenile prisoners was retained when the Juvenile Offenders Ordinance was passed in that year. The Ordinance to which the hon. Member refers restores to the Government of Northern Rhodesia a permissive power which existed before 1933.

The Governor of Northern Rhodesia has informed me that it is the intention of his Government normally to transfer to South Africa only long-term prisoners who are citizens of the Union. Powers in relation to the removal of prisoners are due, under Item 2 of the Federal Constitution, to become the exclusive responsibility of the Federal Government and it will be for them to consider whether the present policy calls for review.