HC Deb 25 March 1959 vol 602 cc124-5W
67. Mr. Elwyn Jones

asked the Secretary of State for Foreign Affairs whether he has yet given notice to the Secretary General of the Council of Europe in accordance with Article 15 (3) of the Convention for the Protection of Human Rights, in regard to the arrest, detention and forcible removal of Dr. Banda and other protected persons in and from Nyasaland; and what are the terms of such notice.

Mr. R. Allan

Not yet. But the terms of any notice of derogation which may be required are being considered.

68. Mr. Elwyn Jones

asked the Secretary of State for Foreign Affairs what consideration has been given by Her Majesty's Government to making a declaration recognising the competence of the European Commission on Human Rights to entertain petitions from individuals.

Mr. R. Allan

Her Majesty's Government have not made the optional declaration provided for in Article 25 of the European Human Rights Convention concerning the competence of the European Human Rights Commission to receive individual petitions.

As my right hon. and learned Friend said on 29th July, 1957: The position which Her Majesty's Government have continuously taken up is that they do not recognise the right of individual petition, because they take the view that States are the proper subject of international law and if individuals are given rights under international treaties effect should be given to those rights through the national law of the States concerned."—[OFFICIAL REPORT, 29th July, 1957; Vol. 574, c. 867–8.]