§ Mr. Laurance Reedasked the Secretary of State for Foreign and Commonwealth Affairs if he will seek to negotiate a consular agreement with Belgium under which bail might be allowed to British subjects arrested and awaiting trial in that country for offences committed there.
§ Mr. KershawA Consular Convention between the United Kingdom and Belgium was concluded on 1st September, 1964, and entered into force on 1st October of that year. Article 35 provides that the appropriate consular officer of one Party shall be informed without delay by the authorities of the other Party whenever a national of the latter State is confined in prison awaiting trial or is otherwise 479W detained in custody. It also provides that the consular officer shall be given the earliest possible opportunity to visit, to converse privately with and to arrange legal representation for any such national. These provisions go a long way towards safeguarding the interests of British subjects who may be charged with the commission of offences in Belgium.
There would, however, be serious obstacles in the way of expanding the existing Consular Convention, or of concluding a new Agreement, so as to provide for bail for British subjects. I understand that the system of bail, as such, does not exist under Belgian law. Also such an agreement would have to be reciprocal in effect and there would be objection to limiting the discretion of a British court as regards the grant of bail in corresponding circumstances.