HC Deb 15 February 1955 vol 537 cc36-43W
Mr. Bottomley

asked the Secretary of State for the Colonies which of the recommendations of the Parliamentary Delegation to Kenya, a summary of which has been forwarded to him, have been implemented by the Kenya Government.

Mr. Lennox-Boyd,

pursuant to his reply [OFFICIAL REPORT, 20th October, 1954; Vol. 531, c. 1194-5], supplied the following further information: Many of the items included in the summary of the recommendations of the Parliamentary Delegation to Kenya already form part of the Kenya Government's policy. The present position is:

1. African leadership will be required, and means of developing this are indispensable.

Answer. The Kenya Government's policy is to assist the emergence of responsible African leaders. Africans are encouraged to stand for election to location and district councils and no doubt future leaders will emerge from these sources and in the Kikuyu areas from Home Guard leaders also. An African Minister and two African Parliamentary Secretaries have recently been appointed.

2. The Kikityu Home Guard should be provided with sufficient backing, by the military and police, to increase their confidence, discipline and effectiveness.

Answer. There are now 118 European District Officers (Kikuyu Guard) and 615 Kikuyu Guard posts, well sited and defended. Kikuyu Guard sergeant-majors are paid, food and clothing are issued and full-time guards exempted from payment of special taxes and school fees for up to three children. Plans have been announced for the absorption of selected members of the guard into the Tribal Police and into a new force to be known as the Tribal Police Reserve.

3. Firm but selective steps should be taken to deal with Mau Mau intimidation and violent crime in Nairobi. The delegation pays tribute to the many members of the police force who have carried out their duties conscientiously and with discipline.

Answer. This was carried out during April and May, 1954, by Operation "Anvil" and and subsequent issue of special passbooks to control Kikuyu, Embu and Meru in Nairobi.

4. Support should be given to recommendations of the Commission of Inquiry into the police force, including better pay and housing and removal of the colour bar to promotion.

Answer. The Commission's report has been published and acjion has been taken to implement some of its recommendations. The Kenya Government White Paper sets out the action proposed on the great majority of the recommendations of the Commission (Sessional Paper No. 24 of 1954).

5. Brutality and malpractices of sections of the police constitute a threat to public confidence. Reorganisation of the police, from the highest level downwards, should be accomplished by stern action to enforce discipline and a right approach to the general public.

Answer. The police force has been reorganised and stern action taken to enforce discipline. Efforts are being made to improve relations between the police and the public. All recruit constables are now being given a six months course at the Police Training School, Nyeri, which was the practice before the Emergency, and the training programme is phased so that 1,600 men will have passed out of the school by the end of June, 1955. Retraining of about 2,000 men who had earlier received a shortened course of instruction has been completed.

6. The Delegation is disturbed by the attitude of a section of European public opinion towards the sanctity of the law and police malpractices. Open displays of contempt for the law should be condemned as sternly as breaches of it.

7. The Delegation is firmly opposed to any demand for martial law or for summary justice abrogating the basic principles of British justice.

Answer. Although requests for the introduction of a system of summary justice have been refused, a number of instances have regrettably occurred where summary justice has been resorted to by members of the Home Guardand others; but every effort is being made by all branches of Government to stamps out irregularities and ensure the observance of the rule of law by all members of the Government forces.

8. The higher councils of the Government should be reinforced with new elements of personnel drawn from all the resource of leadership and energy available.

Answer. This was done in April when the new Council of Ministers was set up.

9. It is essential to reorganise and co-ordinate the machinery for dealing with the Emergency at all levels. It is equally urgent to formulate and declare policies for dealing with longer term problems affecting not only the Kikuyu but all the communities.

Answer. The War Council was set up in April, 1954, and on 5th July the Kenya Council of Ministers published their statement of policy.

10. It is necessary to provide an outlet for African political thought. Discussion should be undertaken without delay with representative Africans, with a view to arriving at an acceptable basis for the election of African members to Legislative Council at the general election of 1956. Africans should be encouraged to develop their own political organisations.

Answer. On 12th October the Governor of Kenya announced the appointment of a Special Commissioner to investigate the best methods of selecting African members of Legislative Council. The Kenya Government encourages the formation of African political associations in the provinces and districts and would raise no objection at the appropriate time to such associations forming a federation to represent African opinion throughout Kenya. The Government cannot, however, in present circumstances contemplate another central association on the lines of the K.A.U. which is liable to fall under the control of a small subversive minority with results which may be harmful to everyone and not least to the Africans themselves.

11. The Governor should appoint as members of his Executive Council representatives of all the main races, who would thereby assume responsibility for appropriate portfolios.

Answer. This was done when the constitutional changes were made in April when two Asians and one African became Ministers and a further African and Arab became members of Executive Council. (Ministers are members of Executive Council.)

12. An inquiry into the sociological and psychological aspects of Mau Mau should be undertaken.

Answer. An inquiry was undertaken by Dr. Carothers.

13. Fuller use should be made of radio and cinema for information and propaganda.

Answer. The information services have been strengthened and full use is being made of radio and mobile cinemas. Broadcasting to Africans totals 14 hours a day, and there are 21 vans equipped for showing films

14. Legislation alone will not destroy colour bar, but time is ripe for examination of laws with a view to eliminating discrimination. Government should also lead in the economic sphere, by payment for the job rather than the occupant, the encouragement of a higher standard of living among those who earn it, and by leading the way in social and economic reforms. Responsible Europeans and Asians could give an example in their social activities towards the abolition of the colour bar.

Answer. As a result of a Resolution approved by the Kenya Legislative Council on 3rd December, 1953, in the following terms: that Government be requested to compile a list of laws and subsidiary legislation which discriminate between persons on the ground of race and to report thereon, a survey of all Ordinances and Orders in Council has been prepared and is now being examined by the Kenya Government, to their revision of salaries and terms of service the Kenya Government have recently approved proposals whereby all government posts are open to candidates of all races on the same basic salary scales.

15. A cadastral survey is needed to determine individual and communal rights.

Answer. This is being done gradually. A process of consolidation of holdings is already going on and the Survey Department is coordinating all surveys within the African land units as part of the African agricultural development plan. Progress is handicapped by a shortage of suitably trained land surveyors.

16. There are both in the European areas, and in others, under-developed areas and com paratively small areas which are undeveloped. Land policy should be designed to encourage the utilisation under suitable safeguards of undeveloped areas by competent farmers of whatever race.

17. The Delegation recognises the urgency of reforming land use and of relieving congestion in the over-crowded localities of the African reserves.

Answer. Large sums have already been spent on developing such areas. Any change of land policy should await the Royal Commission's Report, and no major changes can be made before 1960 in view of the "standstill pledge" which formed part of the agreement leading up to the constitutional changes in April. The improvement of land use and the development of more intensive agriculture in those areas is a major objective of the Swyn-nerton Plan for which Her Majesty's Government has provided £5,000,000 over 5 years.

18. The United Kingdom should declare once more its determination that the objective in Kenya is a multi-racial society in which the rights of all men are safeguarded.

Answer. This has been done both in Parliament and in Kenya.

19. Leaders of the trade union movement should be given encouragement to enable them to accept more responsibility and to acquire an acknowledged status. Whitley councils should be regarded as the beginning of a new phase in which trade unionism has a fundamental part to play.

Answer. It is Government policy to encourage trade unionism. The Kenya Labour Department has already provided two training courses for trade union officials in the last quarter of 1954. Similar residential courses of five weeks' duration are planned for 1955. So far, a total of 68 trade unionists have attended these courses.

A large part of the courses is devoted to collective bargaining and wage negotiation on Whitley councils. Three wages councils and one joint industrial council have already been established in the territory, as well as Whitley machinery for Government staffs. On all these bodies the appropriate trade unions or staff associations are fully represented. In addition, numerous wage-negotiating bodies are functioning.

20. While the Government has the duty of safe-guarding the trade union movement and the community from subversive movements, the most favourable construction should be placed on the activities of trade union leaders, including those detained under Emergency Regulations for reasons other than complicity in Mau Mau, in a review of their records. Those not so implicated should as far as possible be restored to normal life.

Answer. No trade union official has been detained for any other reason than complicity in Mau Mau and all cases have been specially reviewed and a number have been released.

21. The minimum wage is based on the requirements of a single man and not on the needs of his family. A revision of the minimum wage structure is indispensable.

Answer. The report of the Committee on African Wages, which considered the problem in detail, was published in the first half of 1954. Arising from this Report certain action has already been taken, and further action is proposed.

As a purely interim measure, and pending Government's detailed consideration of the Report later in 1954, a flat increase of Sh. 10s. per month was made on all minimum wage rates in urban areas as from 1st April, 1954. From 1st January, 1955, a revised minimum wage formula came into operation, and this has resulted in still further wage increases.

A far more important development, however, is that the Legislature has now accepted in principle the concept of the adult minimum wage based on family needs. The Government's initial aim is an "adult" wage sufficient to maintain a man and his wife arid, as a long term aim, a minimum wage sufficient to meet the needs of a man, his wife and two children. Kenya Sessional Paper No. 21 of 1954 sets out the position in detail.

22. In agriculture "squatter" employment is beginning to be replaced by the "cottage labourer." It would be wise to anticipate changing circumstances and to reconsider the condition of employment in industry.

Answer. The Committee on African wages recommended the setting up of a rural Wages Advisory Board, and area wages committees, to deal with wages and conditions of employment in agriculture.

In view of the admitted complexities of the problem and the fact that in many areas conditions have changed drastically since the Committee made its investigations, the Legislature has now decided that a further committee should be set up to make a special investigation of wages and other conditions in agricultural employment. The committee will consist of one official Minister, as Chairman; three official members (one administrative, one labour and one agricultural officer); two Africans; and four farmers.

23. There is no agricultural trade union. This is a gap which should be closed.

Answer. The initiative must rest in the first place with the trade union movement in Kenya, but the Government will give every encouragement to this.

24. The Government should make a declaration supporting old-age security in principle.

Answer. As a result of a Resolution passed by the Legislative Council on 13th October, 1953, a Committee has been set up to consider and report upon social security legislation and to make recommendations on the following matters:

  1. (a) Whether there is now, or likely to be in the near future, need to provide by legislation for the social security of employees in their old age.
  2. (b) Among what races, and in what types and levels of employment, such provision (if any) should be made.
  3. (c) At what age or respective ages such provision (if any) will be needed.
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  4. (d) By what method or alternative methods such provision (if any) should be or could be made.
  5. (e) In what proportions the employer and the employees should bear the cost of any such provision.
  6. (f) Whether and to what extent voluntary provident schemes for employees should be accepted in satisfaction of the provision (if any) to be required by law.
  7. (g) Any other incidental questions having due regard to economic and practical considerations.

The Committee has had several meetings and has heard oral evidence from all sections of the community in various centres throughout the Colony. It is now considering this and written evidence which has also been submitted. It is also collecting necessary statistical and actuarial data. It is hoped that a report will be made available to the Governor some time in August or September, 1955.

25. The new Royal Technical College in Nairobi should be developed at the earliest opportunity to a multi-racial University. Thus teachers would be available for universal education for Africans.

Answer. It is anticipated that the Royal Technical College will be open to students in March, 1956. University education is available for all races in East Africa at Makerere, the University College of East Africa. The provision of courses at university level elsewhere in East Africa must depend upon the availability of an adequate number of students who have reached the required standard for admission to them.

26. Kenya must increase its efforts for welfare and education of African women.

Answer. This is an integral part of Kenya Government policy and the closest attention is at present being given to it. The rate at which additional facilities for girls' education can be provided necessarily depends on the staff and finance available. A new teacher training college for African women is to be built at Machakos.

27. More European women should be appointed as social workers and nurses in African areas. Women administrative officers should be appointed.

Answer. In the health and social services European women are being increasingly employed, with particular emphasis on maternity and child welfare clinics in the African areas. The number of European women so employed is limited by the funds at present available.

28. It is doubtful whether the present United Kingdom grant of £5 million will be sufficient for plans for African farming.

Answer. The present plan is estimated to cost £7 million of which £5 million will come from Her Majesty's Government. It is a five-year plan and the rate of expenditure will be of the order of £1 million a year. It is too early to review the need of African farming after the conclusion of this five-year period.

29. African villages should be developed as centres of social services, education, co operative fanning, crafts and local trade.

Answer. This is accepted policy and an increasing number of villages, with social amenities, are being established.

30. It is essential to include in agricultural plans some of the basic requirements for the next stage in European farming.

Answer. This is already part of Kenya Government policy.