asked the Secretary of State for the Home Department (1) if, in accordance with his policy of not obliging aliens to return to countries in which they are likely to suffer political or religious persecution, he will give a general undertaking that Spanish refugees of whose opposition to the Franco régime the Spanish authorities can be shown to be aware, will not be deported to Spain;

(2) if, in reviewing the case of Aquilino Diaz Molieda, a Spanish Republican refugee whose deportation was delayed on Easter Eve after he had been taken on board a ship about to sail for Spain, he will bear in mind that this man served for three years in the British Army, that his Spanish passport has been endorsed in this country with particulars of his political record, including his arrest for taking part in the Asturias rising in 1934, and that others who took part in this rising have recently been executed in Spain; and if he will cause this deportation order to be revoked.

asked the Secretary of State for the Home Department if he will cancel the deportation order made against Aquilino Diaz, in view of the fact that Mr. Diaz's Spanish political activities are known to the Spanish Government, and that he would consequently be in danger if he returned to Spain.

Aquilino Diaz, who left Spain in 1936, joined the Royal Pioneer Corps when our Forces arrived in North Africa, and was discharged in this country in 1946. In March, 1948, he and two other Spaniards were charged with breaking and entering a shop, stealing property and having a a loaded fire-arm in their possession. He was sentenced to 12 months' imprisonment, and the court recommended that he should be deported. I have made a deportation order but I have postponed its enforcement in order to give him an opportunity to make his own arrangements to leave the country. In the exercise of my power to deport aliens I must have regard to the merits of each individual case, and I could not give the general undertaking asked for by my hon. Friend the Member for Maldon (Mr. Driberg). But I would, of course, carefully consider any information of the nature indicated by him, and the fact that Diaz was arrested in Spain in 1934 will be taken into account if I have to consider the enforcement of the deportation order against him.

While fully aware of the bad history of this man since the war, may I ask my right hon. Friend if it is not the case that, in the somewhat comparable cases of E.V.W. s or other people from Eastern Europe who commit offences, they are not all repatriated to their countries of origin, for the reasons indicated in my first Question?

No, Sir. I would not say that. If any alien is found in this country engaged in robbery in association with armed persons, I should feel bound to deport him. I have enough of such criminals of native origin. I do have regard, however, to what is likely to happen to a person because of his political or religious beliefs in the country to which he is returning, but I cannot undertake to keep in this country people who engage in these practices.

I do not think that my right hon. Friend has quite understood or answered my question. Is it not the case that, although such people must be deported, they are not necessarily deported to their country of origin? For example, are not people from Eastern Europe commonly deported to Western Germany?

No, Sir. I would not say that that was a common practice. After all, the only place to which I can legally deport a person is his country of origin, but I try to help these people as far as I can by allowing them to get out under their own power, if they are willing to do so.

Can my right hon. Friend say whether he or his officials have seen the Spanish passport issued to this man?

I think I ought to have notice of that question.

asked the Secretary of State for the Home Department what maximum period he has laid down for the stay of European voluntary workers in this country; and if he has come to any decision as to where they will go when for any reason they cease doing the work to which they have been directed.

No time limit is imposed on the stay of European Volunteer Workers in the United Kingdom, but they are required to enter employment specified by the Ministry of Labour and not to change that employment without the Ministry's approval. If no longer needed in the work for which he was recruited, a European Volunteer Worker is found other work in an undermanned industry. Those who are unwilling to continue in the types of employment open to European Volunteer Workers are free to leave the country. A worker who persistently refuses to comply with the conditions on which he was brought to this country is liable to be deported.

When my right hon. Friend said that they are free to leave the country, does that mean that they are able to emigrate if they can comply with the usual requirements?

Certainly, Sir.

asked the Secretary of State for the Home Department what principles he applies in deciding on the claim to be a political refugee of an individual for whom an extradition order is sought.

The Extradition Act, 1870, requires that a fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he proves to the satisfaction of the police magistrate or the court before whom he is brought on habeas corpus or the Secretary of State that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character. The Act does not use the term "political refugee" nor does it state what offences are of a political character. I have to consider each case on its merits, in the light of the decisions of the courts.

Is it not clear that the only accusation against this man Eisler, who has been arrested, is of a political character—the fact that for political reasons it was not possible for him to put his political beliefs on a document? What more could be asked than that?

I understood that this was a Question of a general nature. There are later Questions on the Paper dealing with Eisler.

Will my right hon. Friend consider whether, before a warrant is issued for the arrest of the person for whom an extradition order is sought, the Home Office should not be consulted, and that it should not be issued on the authority of a local magistrate?

That would involve an alteration of the law.

asked the Secretary of State for the Home Department what was the last occasion before 14th May, when Mr. Gerhardt Eisler was arrested on board the s.s. "Batory," when British police officers under his jurisdiction went aboard a foreign vessel in British territorial waters in order to arrest a passenger on behalf of a third country of which he was not a national; and what were the circumstances in the case.

The records of my Department show no case falling within the terms of the hon. Member's Question.

Are we to take it from that answer that under a Labour Government we are getting a precedent set that is in contradiction to all the traditions of this country? Might I also ask the Minister if he would not use his great powers to liberate this man and keep him out of the hands of enemies who have made it clear that they are determined to destroy him?

This action is not unprecedented—

To some of you Englishmen perhaps.

In November, 1938, the Polish police arrested a Bolivian citizen on board a British vessel in the Port of Gdynia. His Majesty's Government did not contest their right to do this, but it was stated at the time that they expected that the British Consular officer with jurisdiction in the port concerned should he notified before any such arrest took place. Polish police now search all British ships before sailing, and have arrested British seamen on 10 occasions since the war.

All the same, whatever other people may do, can my right hon. Friend say what this man is alleged to have done to justify his being hounded all over the world in this unprecedented way so far as this country is concerned?

I have not yet received the requisition from the Government of the United States asking for his extradition. When I receive that, I shall have to consider it in the light of the duties imposed on me and the powers conferred on me by the Act under which this action takes place.

When my right hon. Friend considers these facts, would he bear in mind that anxiety on this case is felt not only by Communists and Communist sympathisers, but is widely held throughout the country?

May I say that that anxiety is shared by myself. I have heavy duties imposed on me under the Act dealing with this matter, but I cannot proceed to deal with them until I receive the requisition which I am now awaiting.

Would not my right hon. Friend consider it better to follow the traditions of our own country rather than to refer us to those of countries which many people in this House have affected to despise? Will he also bear in mind that perjury in connection with a passport must have been committed by hundreds of thousands of political refugees in the days since Hitler aggression?

I must have regard to what the law of this country says, and no action so far has been taken in this case which is contrary to the law of this country. I have examined that point carefully and have taken the best advice I can get on it. As far as I am concerned, I shall be greatly relieved when I get the requisition so that I can reach a final determination on the points at issue.

But when the Home Secretary says that he, too, is anxious about this case, which the House no doubt will accept, is he not placing himself in an invidious position, for is it not the fact that the case cannot be proceeded with in court in view of the fact that the case has to be prepared by the United States Government? Therefore, it appears that the Home Secretary has to wait, hand and foot, for the Government of the United States to prepare their case, and hence his feeling of anxiety?

I do not have to wait for the United States Government to prepare their case. I have to wait until the United States Government serve a requisition on me. When I reach that stage, I shall have further information on which I shall be able to reach some decision, I hope.

I had not quite understood last week that the requisition had not been received. If the right hon. Gentleman has not yet received the requisition from the Government of the United States, can he tell us on what request from them or action by them he has acted so far?

I have not acted at all so far. I explained quite carefully to the House last week that there are two ways in which this matter can be dealt with. Under Section 7 of the relevant Act I can be asked to issue a warrant. If that course had been followed, the responsibility would have been on me. In fact the Section 8 procedure was followed, the information was laid before a magistrate, and he issued the warrant. As soon as I get the requisition, I can decide whether the case is of a political character or not. If it is of a political character, it will then be my duty to see that further proceedings do not take place, but I cannot act on newspaper reports and similar unsworn statements as to what is the dispute between this man and the Government of the United States.

Further to the statement by the Home Secretary that he is not responsible; is it not the case that several officers from Scotland Yard were present, and are they not responsible to the Home Secretary even though the magistrate at Southampton may not be directly responsible; and in that case should not the right hon. Gentleman take responsibility now?

No, Sir. They are responsible for carrying into effect the warrant issued by the magistrate at Southampton.

asked the Secretary of State for the Home Department what part in the proceedings on board the Polish vessel s.s. "Batory" was taken by the two American officials who accompanied the police on board.

I am informed that the American officials who boarded the s.s. "Batory" with the police officers were present at a discussion among the police officers who finally effected the arrest, Eisler, the captain and certain Polish officials, and gave information about a telegram stating that extradition proceedings were to be taken against Eisler and that proceedings would be taken against the captain under United States law if he did not surrender him. No American official was in any way concerned in Eisler' s apprehension which was carried out by British police officers.

In the first place, in what capacity did these American officials, one of whom was a Mr. Beck from the United States Embassy, attend with the British officers on the boat? Did they come over on the tender which took the police officers and did they get aboard the vessel with the police officers; were they, in fact, introduced as aliens to the captain of the ship, or were they assumed to be part of the entourage together with the other police officers? Further, may I ask the Home Secretar—[Interruption.] May I respectfully point out—

No.

I am very anxious to answer all questions but when four or five supplementaries are mixed up together it is very difficult to do them justice.

In that case, I am obliged to the right hon. Gentleman. I will rest my case at that and if I have a further opportunity of catching your eye, Mr. Speaker, I will do so.

The tender which was used on this occasion is in the ownership of the Alexandra Towing Company and was chartered by the agents for the Gdynia America Line on behalf of that line. Among those on board the tender when they went from the shore to the ship were the police officers, the American officials and two representatives of the Polish Embassy in London. They all went together; they all boarded the ship together, and an individual pass was issued to each member of the party by the charterers to enable them to go from the shore to the ship. British police, British immigration officers, American Embassy officers and Polish Embassy officers all went in the same tender and all boarded the ship together.

Would my right hon. Friend tell the House when and where these elaborate arrangements were made, and whether they were made before or after it was known whether the Southampton magistrate was going to grant the warrant or not?

This tender is the usual vessel that goes off from Southampton—

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I am trying to give the House as full and detailed an account of what happened as possible and to explain all the circumstances. This tender is the usual vessel which proceeds from Southampton to a liner lying in Cowes Roads to take out passengers who desire to board the liner and to pick up and bring back those who wish to leave the liner in order to land. Therefore, no elaborate arrangement was made; the tender would have left in any event, whether these people had wanted to go or not. Each person had to apply individually to the persons who had chartered the tender for permission to go in the tender. I have here a copy of the pass actually issued to Detective-Inspector Bray and as far as I know there was nothing unusual about the matter. The tender has no connection at all with the warrant issued by the magistrate.

Does not my right hon. Friend appreciate that in order that there shall be two representatives from the Polish Embassy and two representatives from the American Embassy all present in Southampton at a particular time and place, with passes issued to them for that time and place, involves a considerable degree of prior consultation and arrangement; and I am asking my right hon. Friend whether these arrangements were made before or after the application was made for the warrant in Southampton?

What happened was this. It was known that the American Embassy were going to apply to the magistrate at Southampton for this warrant.

It was known to whom—to the right hon. Gentleman?

Yes, it was known to me.

Oh!

I must make this quite clear. I am taking complete personal responsibility for this. Before any of these actions were taken I was consulted and gave my consent. The Polish Embassy were informed so that if they wished to be represented they could be there. When the vessel anchored in Cowes Roads the application was made to the Southampton magistrate. Thereafter the police officers left Southampton for Cowes Roads to execute the warrant; the American Embassy officials went on the same tender and so did the representatives of the Polish Embassy.

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We cannot prolong Question Time for this matter.