House Of Commons
Tuesday, 24th November 1959
The House met at half-past Two o'clock
Prayers
[Mr. SPEAKER in the Chair]
Oral Answers To Questions
Tanganyika
General Election
1 and 3.
asked the Secretary of State for the Colonies (1) if he will make a statement on the forth-coming General Election in Tanganyika indicating whether it will take place in 1960 or 1961; whether the constitutional changes there, now under consideration by Her Majesty's Government, will be implemented before or after that election; and under what franchise that election will be held;
(2) if he will state his latest constitutional proposals for Tanganyika.The Governor has stated, with my agreement, that the next elections will be held in September, 1960, or as soon thereafter as the necessary preparations can be completed. With regard to the timing and nature of constitutional changes, I have nothing to add to my reply to the hon. Member for Eton and Slough (Mr. Brockway) on 17th November.
In order to create a suitable atmosphere for that election and also for the solution of outstanding problems in the area, will the Minister give an assurance that the franchise will be of such a character that a representative Government will be elected?
The extension of the franchise is one of the main parts of the Ramage Committee's proposals, which I have been discussing with the Governor in this country over the last few days. The statement which will be made before the end of the year will deal with that.
May I ask whether it is proposed to publish the Ramage Committee's Report and, if so, when?
It has not yet been published but I think that after the statement is made to which I have referred, which will be next month, it will be appropriate to publish it.
Central Africa
Advisory Commission
2.
asked the Secretary of State for the Colonies, in view of the Devlin Report, what are the plans of Her Majesty's Government for Central Africa.
I would ask the hon. Member to await the statement which my right hon. Friend the Prime Minister is to make at the end of Questions.
In view of the desirability of creating the right atmosphere for the solution of the outstanding problems in that area, will the Minister at least say that he will now release Dr. Banda and his colleagues?
I dealt with that point in the debate on the reply to the Address. Dr. Banda's position is the same as that of any other detainee. Their cases are reviewed regularly and kept under permanent review. The result of those policies has already been to release two-thirds of those who were detained.
Kenya
Revocation Of Emergency Powers
4.
asked the Secretary of State for the Colonies when it is proposed to end the state of emergency in Kenya and to release from detention Mr. Jomo Kenyatta, who has concluded his prison sentence, and Mr. Achieng, ex-Senior Chief Koinange, and others who have been acquitted by the courts.
I would refer the hon. Member to my statement of 10th November.
Mr. Achieng Oneko, ex-Senior Chief Koinange and other persons whose movements are restricted under the Emergency Regulations will have their cases reviewed by the Special Commissioner and, if he is unable to recommend release, by the Advisory Committee. Mr. Jomo Kenyatta and his associates, however, are in a different legal category, since they are restricted under substantive law on the recommendation of the Court.Does the right hon. Gentleman seriously contemplate that Mr. Kenyatta, who has finished his sentence, shall be detained for the rest of his life, when Nazi criminals are now free and in positions of authority? Is he aware that both Mr. Achieng and ex-Senior Chief Koinange are known to many Members of the House and that we are completely convinced that they never had anything to do with Mau Mau outrages or obscenities?
In respect of Mr. Achieng Oneko and ex-Senior Chief Koinange, I think that the best method is to go through the procedure which I have outlined. This review has already been started by the Special Commissioner, though it has not yet been completed. Mr. Kenyatta and his associates were not affected by the announcement which I made about the end of the emergency, because their restriction, to which no term was set, was as a result of the recommendation of the court.
Is the Minister aware that there are reports in the Press to the effect that Kenyatta is detained because he was proved to be a leader of Mau Mau terrorists? Will the Minister publicly correct those allegations?
Kenyatta's conviction was accompanied by a recommendation by the court that afterwards he should be restrained, and that was accepted by the Government, and it is under the terms of that, not under emergency powers, that it is carried out.
White Highlands
25.
asked the Secretary of State for the Colonies why he is unable to obtain statistics of the total amount of acreage of cultivable land in the Kenya White Highlands which remains unalienated.
Although there were, in the middle of 1959, less than 53 square miles of Crown land in the Highlands available for alienation, the figures at my disposal do not show how much is either too barren, too inaccessible, or too fragmented to be farmed. But the Kenya Government, in accordance with a recent Motion of the Legislative Council, are making a detailed examination of all unalienated Crown land other than forest reserve, both in and out of the Highlands, so as to make available land for development and settlement by landless people of all races.
Does that mean that these figures will be available in due course?
Yes, it does.
Higher Education
36.
asked the Secretary of State for the Colonies what progress is being made with the technical institute in Nairobi; and to what extent the Government of Kenya are considering the implementation of the suggestions made in the report of the working party on higher education in East Africa.
On the first part of the Question, work has now begun on the new technical institute building with the help of a £65,000 C.D. & W. grant.
On the second part, the East African Governments accept the recommendations of the Working Party on High Education in East Africa that there should be a University of East Africa comprising three inter-territorial university colleges, of which the reconstituted Royal Technical College will be one, and they are now studying the financial and other implications of the recommendations with a view to preparing a phased programme acceptable to all three Territories.While thanking the right hon. Gentleman for that Answer, may I ask him whether he agrees that the success of these important recommendations will depend on the generosity with which the Government make grants from Colonial Development and Welfare funds?
It will in part. There are many other factors as well. I hope soon to be able to announce the amount of financial provision for the Royal Technical College.
Trial By Jury
38.
asked the Secretary of State for the Colonies whether he is aware that in Kenya the right to trial by jury is confined to Europeans and denied to Africans and Asians; and what steps are proposed to remedy this situation.
Yes, Sir. The Kenya Government recently considered the possibility of extending the right to trial by jury to all races, but decided that at present practical considerations make such an extension impossible.
Is the right hon. Gentleman aware that this form of inequality before the law occasions great resentment among the non-European races in Kenya? Will he consider discussing this question with the African and Asian elected members when they come to London in January?
The hon. and learned Member must not assume that I am out of sympathy with this Question. I am not. I fully understand the matter. The practical considerations thrown up are that, taking the 1957 statistics, it could mean an additional 52,000 supreme court trials each year. I certainly agree that this is a matter which is unsatisfactory in its differentiation and ought to be kept under close review.
Is it not a fact that before European juries it has in practice proved almost impossible to get convictions of Europeans in cases where the victims have been Africans? Is not the lesson here that in a multi-racial society trial by jury is an unsuitable method?
I should not like to comment on the way that the hon. and learned Member puts his supplementary question without a much more detailed examination than so far I have been able to make.
Cyprus
British Bases
5.
asked the Secretary of State for the Colonies whether agreement has yet been reached regarding the maintenance of British bases in Cyprus.
22.
asked the Secretary of State for the Colonies if he will make a statement about present negotiations on the extent and facilities afforded for British military bases in Cyprus.
The agreement reached at the London Conference last February regarding the maintenance of British sovereign areas and military rights and facilities are being put into Treaty form by the London Joint Committee.
Since these matters are still under discussion there, I am not yet in a position to make a statement.First, is it the intention of the Government to include Cypriot villages within the scope of our bases? Secondly, is it proposed to include valuable agricultural land? Thirdly, will Cypriots living in the base areas be allowed to retain their Cypriot nationality?
I am sorry not to be able to enlighten the hon. Gentleman very much, but I must stay where I stood a moment ago. I am not yet in a position to make a statement, as the matter is under discussion in the London Joint Committee.
Will my hon. Friend bear in mind that there has been considerable anxiety due to newspaper speculation? Would he agree that recent history has shown that we must have sovereignty not only over the bases, but over an adequate manoeuvre area, water supply and radar control?
I do not disagree with what my hon. Friend has said. I am glad to be able to tell him that the newspaper comment was singularly ill-informed.
Does not my hon. Friend agree that we have been considerably patient over this? We realise that the negotiations are extremely tricky, but can he give us an assurance that as soon as possible the House will be informed of progress?
Yes. As soon as we can, we will let the House know what is happening.
Seychelles
Development Plan
7.
asked the Secretary of State for the Colonies whether he is now able to disclose the details of the development plan for the Seychelles.
"A Plan for Seychelles" has been published in the Colony today. I will put copies in the Library of the House as soon as they are available.
The plan is aimed at making Seychelles financially independent and at improving the living standards of its people. Its main features are concerned with the development of agricultural resources, the improvement of communications and public amenities, the encouragement of tourism and the promotion of new measures in public education and public health. Its full implementation will cost £2½ million.Nyasaland
Africans (Political Association)
8.
asked the Secretary of State for the Colonies if he will now restore to Africans in Nyasaland the freedom of political association.
Africans in Nyasaland are already free to join any lawful political association.
Is not that a very hypocritical Answer? How can the Minister claim that Africans have freedom of political association when hundreds of Africans are detained in Nyasaland on political charges but not brought to trial? Is not the basis of freedom of political association habeas corpus and the right of a man to be able to defend himself? Will not the Minister consider granting that immediately?
My Answer was accurate, both in the letter and in the spirit. There are many associations in Nyasaland, as the hon. Member knows full well—the Malawi Congress Party, the Congress Liberation Party and a great number of others—which are wholly or primarily African. On the wider implications of the hon. Gentleman's statement, no one is more anxious than I am to return as soon as possible to a normal state of affairs in Nyasaland.
Is the Secretary of State aware that even lawful political organisations such as the Malawi Congress Party are forbidden by law to hold any political meetings and are pursued in their normal political activities by the political police of Nyasaland?
This is covered by my Answer. I hope that as soon as the Governor is satisfied that we can do this we shall return to a completely normal state as far as these are concerned.
African Civil Servants
17.
asked the Secretary of State for the Colonies what reply has been sent to the letter of protest sent to the Nyasaland Government by the Nyasaland Trade Union Congress, concerning the dismissal of African civil servants who felt unable to transfer to the federal service; how many such refusals there were; and what steps are being taken to provide those concerned with suitable alternative posts in Nyasaland.
There was no question of dismissal, and the Nyasaland Trades Union Congress has been informed that no one was obliged to resign. Seconded officers had been given a period of five years in which to decide whether to accept transfer to the federal service or to seek employment elsewhere. Five hundred and eighty-eight African officers declined to transfer, and as many of these as possible have been reabsorbed into the Nyasaland Government service.
Do I understand from the Minister that at the expiration of these five years any civil servants who have not accepted transfer will be dismissed? Can he tell us on what grounds such a decision will be taken when there is, apparently, no charge against these civil servants in connection with the services for which they accepted employment? Is this an example of British protection?
I think that the situation arises from the Order in Council of 1953. Because a number of the Departments were transferred with rather specialised posts, the suggestion was made that the officers holding those posts should be transferred with them, and after an initial period of two years' secondment they were given the five-year option to which I have referred. That period is now up.
Employment
18.
asked the Secretary of State for the Colonies how many Africans have left Nyasaland during the past year to seek work in other territories; how many have found employment outside Nyasaland; and what is the present scale of wages now offered for unskilled work in the townships and countryside, respectively, of Nyasaland.
Sixty-six thousand nine hundred, of whom 59,000 are known to have obtained employment. The minimum wages for unskilled adult labour, for an eight-hour day, are from 2s 1d. to 2s. 6d. in townships and 1s. 5d. in other areas.
Does not the Minister consider that the low rates of wages are one of the main causes for so many of these Africans leaving the Territory, and cannot something be done to improve the conditions in Nyasaland?
The rates are certainly low, although those I have given are minimum rates. But Nyasaland is primarily an agricultural country and for many years there has been the problem of a considerable surplus of manpower. Indeed, I think that this is one of the fundamental facts that confront us all in our examination of what should happen in Central Africa.
Is there not a strong case for voluntary transfer of population from the over-populated area of Nyasaland to the under-populated area of Northern Rhodesia?
I suppose there might be, if it could be achieved voluntarily, but this position has maintained for a number of years. People have gone to the territories south of Nyasaland to obtain work, and have returned to Nyasaland.
Monckton Commission (African Members)
27.
asked the Secretary of State for the Colonies which were the Africans whose opinions were taken into account by the Governor of Nyasaland before recommending the names of the African members of the Monckton Commission.
Apart from the opportunities of sounding African opinion which come naturally to the Governor in the course of public business, he has had discussions on general constitutional matters with representatives of African opinion in Nyasaland. He, naturally, took into account the general views expressed in those discussions before making to me his specific recommendations for membership of the Monckton Commission.
Will the right hon. Gentleman answer quite frankly and straightforwardly the question whether, in recommending the people to go on the Commission who are supposed to represent the African point of view, the Governor did or did not have talks and consultations with the Malawi Congress Party and other political organisations, to which the right hon. Gentleman himself has referred in the House today as examples showing the existence of African democracy?
Certainly, on this point the Governor did see Mr. Orton Chirwa, the leader of the Malawi Party and, as I say, other leaders of African opinion in Nyasaland.
Will the right hon. Gentleman say whether any one of these political parties representative of Africans in Nyasaland was given an opportunity to nominate people for the Commission?
No, Sir, there was no question of nomination from that point of view. The names, of course, were to be announced. I think that they are to be announced today by my right hon. Friend the Prime Minister. But, of course, recommendations are put forward by the Governors of these Territories to me and to the Government in this country.
British Guiana
Beer (Excise Duty)
9.
asked the Secretary of State for the Colonies by how much the annual total of excise revenue on locally brewed beer in British Guiana has been increased during this financial year, following the increased excise duty levied last year.
The British Guiana Government expect a fall in yield of nearly 4 per cent.
I thank my hon. Friend for that satisfactory reply. He did not give the figure, so it is a loss. Whereas I gladly admit that I am a shareholder of this pioneer company, may I ask the Under-Secretary to bear in mind that it is all very well for Colonial Governments to arrange for a tax-free period for these pioneer companies, but there are other methods of raising tax, such as increasing the excise? I do not consider this to be particularly fair. Will he bear some of these points in mind in regard to future pioneer companies in the Caribbean and elsewhere?
I will certainly bear my hon. Friend's point in mind. He will appreciate that the incidence of the tax has been such that the manufacturer has not felt it necessary to pass it on to the consumer.
Southern Cameroons
Plebiscite
10.
asked the Secretary of State for the Colonies whether he will make a statement about the forthcoming plesbiscite in the Southern Cameroons; and what questions are to be answered by the population of that country.
I refer my hon. Friend to my reply to the hon. Member for Eton and Slough (Mr. Brockway) on 2nd November, to which I have at present nothing to add.
Now that the people in the Northern Cameroons have voted by a large majority to remain on their own, will my right hon. Friend consider, although their decision is detrimental to sensible Government and is a surprise to many, that the people in the Southern Cameroons might like to answer a similar question?
The questions which will be put at the plebiscite to the people of the Southern Cameroons have already been fixed and announced. The question of what we should do now in view of the situation created by the vote in the Northern Cameroons is being urgently considered in London in my office and also in the United Nations.
North Borneo
Airport, Labuan
11.
asked the Secretary of State for the Colonies which international airlines, other than Malayan Airways, are at present using the airport at Labuan, North Borneo, as a scheduled stop; and what is the number of flights per month by each airline.
Cathay Pacific Airways.
There are four calls per month in each direction on the Hong Kong-Kuching service.Does my hon. Friend appreciate that these figures indicate that fewer and fewer airlines are using this strategic airfield? Further, is he aware that this is due to the total inadequacy over a considerable number of years of arrangements for bringing the airfield up to modern standards? Will he look into the matter?
I am glad to be able to tell my hon. Friend that much is being done on the development of the airport, both by the R.A.F. and on the civilian side.
Police Force (Marine Branch)
12.
asked the Secretary of State for the Colonies the strength of the marine branch of the North Borneo Police Force, and the number of vessels concerned.
The strength of the marine branch is seventy-two officers and mm. The branch operates eight seagoing launches and two other launches.
Does my hon. Friend feel that this force is adequate in view of the fact that on 24th October there was a further incident in which Philippine pirates, armed with modern ships and weapons of war, raided the Kampong of Trusan? This sort of thing is causing considerable apprehension up and down the coast. Will my hon. Friend consider the provision of an R.A.F. detachment at Sandakan to facilitate this matter with the police?
I agree with my hon. Friend that the present force is not quite adequate, but expenditure has recently been approved for two fast pursuit craft to be added to the present fleet. I will certainly examine the suggestion my hon. Friend made in his supplementary question.
Shipping, Labuan
13.
asked the Secretary of State for the Colonies the gross tonnage of ships using the free port of Labuan during 1958, and the total cargo involved.
The Answer is that 1,376,157 gross tons of shipping and 197,713 tons of cargo were handled at Labuan during 1958.
Is my hon. Friend aware that, since the introduction of free port status for Labuan in 1956, its percentage of North Borneo trade has risen far more slowly than that for the rest of North Borneo? Will he consult his right hon. Friend the President of the Board of Trade as to means of encouraging British manufacturers to use this very strategically situated port?
I will certainly consult my right hon. Friend.
Malta
Constitution
14.
asked the Secretary of State for the Colonies when he proposes to hold talks about a new constitution for Malta.
I am proposing to visit Malta in a fortnight's time, but I have at present no statement to make on constitutional talks.
While being delighted that my right hon. Friend is to study the problem on the spot, may I ask him to bear in mind that Colonial Office administration, however good, is never popular and that, unless there is some form of elected legislative assembly in Malta, no expression can be given to public opinion?
It has been stated on a number of occasions that we hope that the present Constitution is interim. I hope that after my talks in Malta with leaders of the political parties and others it will be possible to make a move forward.
Education
30.
asked the Secretary of State for the Colonies what inquiries have been made into the need for university education in Malta; and what steps are being taken to bring about a general reorganisation of education in the island.
A Commission headed by Sir Hector Hetherington reported on the functions and finances of the Royal University of Malta in July, 1957. In pursuance of its recommendations a Statutory University Commission has been established. In accordance with this Commission's recommendation the Government of Malta's annual grant to the university has been doubled and converted into a triennial grant for development and reorganisation.
As regards the second part of the Question, I would refer the hon. Member to the appropriate chapters of the Government of Malta's Five Year Development Plan, copies of which have been placed in the Library.Is the hon. Gentleman satisfied that all the facilities afforded to the people of Malta for education at elementary, secondary and university level, are satisfactory? If he is, it is contrary to the opinion of the Maltese people.
I would never say that we were satisfied with the position, but I think that the sums of money made available for improvements in the sphere of education should give a considerable return at all the levels to which the hon. Gentleman refers and at one to which he did not refer, namely, technical education, which will amount to about half the sum allocated for educational purposes.
It is not enough.
United Kingdom Aid
37.
asked the Secretary of State for the Colonies the total value of United Kingdom aid to Malta in 1957–58; and what it is estimated to be in the current financial year.
The figures are £5·9 million and approximately £5 million.
First, am I right in assuming that this takes no account of the £29 million development programme? Secondly, during his forthcoming visit will my right hon. Friend pay special attention to the economic problems confronting the islands as well as the constitutional problems?
The answer to both parts of my hon. Friend's supplementary question is "Yes, Sir."
Development Plan
39.
asked the Secretary of State for the Colonies if he will make a statement on the new development plan for the Maltese Islands, indicating what new investment is envisaged and what new employment this will create.
The plan, of which a copy is in the Library, envisages new capital investment from public funds of £32¼ million over the five years 1959–64. Of this, £12 million is to complete existing projects and about £4 million is being held in reserve. Planned public investment in new schemes is therefore of the order of £16¼ million. The assistance offered under the plan by way of loans, grants and other inducements to industrial development should attract additional investment from private funds. The plan aims at full employment. Provided the full allocation for industrial development is taken up and matched by private investment, this aim should be secured.
What figure of jobs needed does the right hon. Gentleman have in mind? Is he quite sure that in the plan there is not some risk of counting the same figure twice? Is he allowing for subsidiary jobs over and above the figure of 9,000 which, I think, has been mentioned?
In reply to the first point, the hon. Member will find that that is dealt with in the plan itself under the subject of employment. In reply to the second point, I know that this criticism is made by a distinguished economist in this country who has great knowledge of Malta and that, I expect, is to what the hon. Member refers. This project was, however, carried out with the help of Dr. Adler, of the International Bank, and it would be surprising, therefore, if such errors existed in it.
Colonial Territories
Emergency Procedure
15.
asked the Secretary of State for the Colonies his policy with regard to the introduction into other Colonial Territories of the type of quasi-emergency procedure which is being introduced by the Kenya Government.
Other Colonial Governments may well wish to consider whether legislation of the type which is being introduced by the Kenya Government would produce a suitable framework for dealing with local security problems. I shall be prepared to examine, in consultation with the Governments concerned, any proposals for similar legislation that may be made.
Whilst I accept the Colonial Secretary's motive in what he said about the sledgehammer of the Emergency Powers Order, may I ask whether he appreciates that this new procedure may well make it easier for Colonial Governors to detain persons without trial? Therefore, will he at least give an assurance that this new procedure will be debated in this House before he contemplates any extension of it?
The last part of the hon. Gentleman's supplementary question is not, of course, a matter for me, but, on his main point, if I remember rightly, The Times leader that commented on this came to the correct conclusion when it said that though this might be a useful precedent it was not one to be slavishly followed. That is how I look on it. I think that one must look at the needs of each Territory specially to see if the Kenya precedent has any application to it.
Restriction Orders
21.
asked the Secretary of State for the Colonies how many people are now rusticated for political offences; and what principles are applied by Her Majesty's Government in deciding how long their rustication shall continue.
Restriction orders are imposed by Colonial Governments on grounds of public security, and remain in force, subject to regular review, so long as a threat to public security continues. I am asking the Governments concerned for a return of the number of orders currently in force and will then communicate with the hon. Member.
Does the Colonial Secretary himself make inquiry from time to time as to whether the number is increasing or decreasing? Is he keeping an eye on this matter to see that the number affected decreases rather than increases in future?
Yes, I do keep an eye on it in these territories that are most under the microscope, as it were, at the present time, but I can answer the Question in full only by asking all the Governments where these sort of ordinances exist.
Is it not very embarrassing to our representatives at the United Nations when they are discussing problems in other countries to be faced with the charge that we ourselves are responsible for locking up so many people for political offences without trial?
This matter is related to rustication and restriction.
Corona Library Books (Grants)
24.
asked the Secretary of State for the Colonies why he is subsidising the Corona Library series of books from Colonial Development and Welfare funds.
A scheme has been in operation since 1950. There was then, and there still is today, a serious lack of literary works containing comprehensive and authoritative information about individual British dependent territories.
Grants from C.D. & W. funds have accordingly been made to provide a planned series of books, published by Her Majesty's Stationery Office to meet the needs of overseas service probationers under training, officers of the overseas services, and serious students of colonial affairs.As the hon. Gentleman knows, I agree entirely with the purpose of this series—I think that it is an excellent one—but is not it the case that Colonial Development and Welfare funds were meant to be devoted to raising the standard of living of the dependent territories, and were not meant to be used to subsidise publications for circulation in this country? Will the hon. Gentleman consider either of two alternatives? Is it possible to put this series on a commercial basis or, alternatively, subsidise it from another and more appropriate Vote of this House?
I will certainly consult at any rate one of my right hon. Friends who knows something about publishing with regard to the hon. Gentleman's suggestion that we should put it on a commercial basis, although I am surprised at his making that suggestion since it might identify him too much with the right hon. Member for Battersea, North (Mr. Jay)—
Who?
The hon. Gentleman's right hon. Friend the Member for Battersea, North, whose advocacy of private enterprise against nationalisation is known to the whole House.
I think that the expenditure of Colonial Development and Welfare funds to increase the understanding of those who are responsible for development and progress in the Colonies fully justifies the experiment we have been making. We do not expect that there will be any loss. We have spent about £21,000, of which we have already recovered £14,000, and we expect that sales will be sufficient over the next few years to enable us to bring out more books in the series.
Will the Minister look at this matter again? I am sure that everybody who knows the series welcomes it and welcomes the spending of Government money upon it, but would not it be much better to take the money out of the Colonial Office Vote instead of out of Colonial Development and Welfare funds which are deliberately earmarked for raising living standards in the underdeveloped territories?
The sum involved in this case was about £13,000. It was a deliberate contribution towards equipping the officers who go out to raise living standards to do their job properly. It has always been accepted that the officers themselves can be a legitimate charge on Colonial Development and Welfare funds, and, therefore, what is, I think, an essential part of their training can be treated in the same way.
Does the series include the Devlin Report? If not, can arrangements be made to include it?
The answer to both those supplementary questions is in the negative.
Northern Rhodesia
Siavonga
16.
asked the Secretary of State for the Colonies to what extent the proposed Northern Rhodesian holiday centre on the shores of Lake Kariba at Siavonga will be planned on the basis of racial partnership and open to citizens of all races without discrimination.
It is planned to develop Siavonga as a township, not merely a holiday centre, and there will be no discrimination on racial grounds in the allocation of sites.
Whilst thanking the right hon. Gentleman for that welcome reply, may I ask if he has seen the report in The Times today headed
The report goes on to say that a debate on the colour bar is taking place in the Northern Rhodesian Legislature today. Will the Colonial Secretary use the example of this scheme to press the Northern Rhodesian Government to abolish racial discrimination in all other schemes that are being promoted?"Lack of Progress on Colour Bar. North Rhodesia call for Inquiry."
As I understand the position, the Legislative Council in Northern Rhodesia has already resolved to establish a committee to consider this question if reasonable progress in this field has not been achieved voluntarily by the end of this year.
Is the right hon. Gentleman aware that one of the projects at Siavonga is a large luxury hotel? Will he ensure that, in granting the licence for this hotel, the Northern Rhodesian Government insist on access to it without any discrimination that is based on colour?
The inquiry to which I have just referred is directed exactly to that point of the admission of Africans to places of refreshment and entertainment in this holiday centre.
Tonga Tribesmen (Resettlement)
19.
asked the Secretary of State for the Colonies whether he will make a progress report on the conditions of the 29,000 Tonga tribesmen recently moved from the Kariba site and resettled by the Northern Rhodesian Government; how many of these Africans have died during or since this transfer; and what were the reasons for their deaths.
The resettlement of the Africans mentioned by the hon. Member was completed by June of this year.
The figures of normal deaths in the resettlement areas are not available. In the Lusitu resettlement area two exceptional outbreaks of bacillary dysentery occurred in late 1958 and early 1959, causing the deaths of sixty-one people among a population of 6,000. These outbreaks were quickly dealt with by the medical authorities and free issues of milk were made to the children to help combat the disease. Since the beginning of September, thirty-seven women and children have died in five villages owing to the consumption of a vegetable poison, probably solamine which is derived from a form of deadly nightshade. The manner in which it was taken has not been definitely established but it is being urgently investigated. In other areas, 21,000 have settled down. Fishing has started on a scale which has exceeded expectations and cooperative societies have been established.Is the Colonial Secretary satisfied that the rather more encouraging reports we have lately had that the situation has been dealt with in a new spirit of co-operation amongst the transferred tribesmen are adequately substantiated, and will he do everything possible to encourage that spirit?
Yes, I certainly shall. It is a very good spirit.
Settlement Scheme (Northern Province)
23.
asked the Secretary of State for the Colonies why the resettlement scheme in the Abercorn area of Northern Rhodesia is to be restricted to Europeans only; and how much the Northern Rhodesian Government intend to spend on this project.
Since the only current agricultural settlement scheme in the Abercorn area is for Africans only, I assume that the hon. Member has in mind a proposal at present under consideration for the development of Crown land in the Northern Province. Like other settlement schemes for Crown land, it will be open to all applicants who meet the required qualifications of experience and capital. As regards the second part of the Question, it is estimated that about £25,000 would be adequate for the purpose.
East Africa
Commonwealth Education Conference (Representatives)
26.
asked the Secretary of State for the Colonies what consultations took place with leaders of African opinion in Kenya, Uganda, and Tanganyika, in connection with the selection of representatives of these Territories to attend the recent Commonwealth Education Conference.
There were no special consultations. The Governments of Kenya, Uganda and Tanganyika selected their Ministers responsible for education or their directors of education. They were considered to be the persons best able to discuss professional and administrative matters at the Commonwealth Education Conference
The hon. Gentleman says that there were no special consultations. Were there any consultations at all?
The hon. Gentleman will remember that the Ministers responsible for education and the directors of education are in constant and daily touch both with Africans qualified to advise on education purposes and with the ordinary advisory bodies representative of Africans which are interested in education. So they were in constant touch with the problem in their own countries.
Does that answer mean, in fact, that the answer to my original question is "No"?
As I say, there were no special consultations, but I should not like to give the impression that there were no individual consultations. There may well have been.
Uganda
Political Freedom
28.
asked the Secretary of State for the Colonies if he is satisfied with the degree of political freedom in Uganda; and if he will make a statement.
It is very difficult to calculate the degree of political freedom existing in any society—[Laughter.]—such as whether one should have standing orders—but I am in general satisfied that in Uganda now there exists a full degree of political freedom consistent with the need to maintain law and order.
Does the Minister realise that that Answer will sound absolutely ludicrous to people on the spot? Although it may be perfectly appropriate for his Administration in Uganda to ban the Uganda underground movement, is he aware that the Uganda Freedom Movement, along with several other similar movements, is banned and the leaders are at present rusticated? When the right hon. Gentleman goes to Uganda, will he consider making a statement about the future of the Uganda Protectorate in order to allay all the anxieties which are felt and allow people to have the political freedom to which they are entitled?
I will, of course, study the situation in Uganda very closely when I am there next month. I do not think that the question whether one should make any statement or not arises out of this Question. As the hon. Gentleman knows very well, there are several similar movements—indeed, they are copies of each other—which have been restricted, and they were proscribed for the reason I gave, because it was thought that their development was inconsistent with the need to maintain law and order.
Constitution
34.
asked the Secretary of State for the Colonies what further progress has been made in respect of constitutional difficulties in Uganda; and if he will make a statement.
The Constitutional Committee to which my right hon. Friend referred in his reply to the hon. Member for Eton and Slough (Mr. Brockway) on 20th November, 1958, has not yet completed its examination of the matters remitted to it. Preparatory talks have meanwhile been opened on the revision of the Buganda constitution.
Northern Rhodesia And Nyasaland
Detainees (Letters To Members)
29 and 31.
asked the Secretary of State for the Colonies (1) to what extent Dr. Banda is allowed to receive letters and newspapers; and what degree of censorship is exercised in both cases;
(2) to what extent British-protected persons, held in detention without trial in Northern Rhodesia and Nyasaland, are entitled to write to hon. Members without censorship; and if he will take steps to ensure that the freedom of hon. Members to act upon such letters will be in no way impaired by legislation of those Territories.
There are no detainees in Northern Rhodesia. Nyasaland detainees, including Dr. Banda, are, under prison regulations, entitled to send and receive one letter each week, but the prison authorities have discretion to increase this entitlement. All detainees' mail is examined as a security precaution.
Detainees are provided with a selection of local newspapers and other publications and no material is excised unless it advocates violence and subversion or seeks to justify or excuse the employment of these methods as a means of obtaining political objectives. If the hon. Member will give me any examples of how he considers the freedom of hon. Members might be impaired in practice, I will glady consider the matter.On Question No. 29, is the Colonial Secretary aware that newspapers sent to Dr. Banda are at present being censored, and is not this intolerable? On Question No. 31, is he aware that the Federal Administration has just published a Bill under the terms of which it will be made a criminal offence for anyone to act upon correspondence sent from prisons in Nyasaland or, indeed, Northern Rhodesia? Does not this prevent Members of Parliament acting on information which may be sent to them?
On the first point, if such censorship of the newspapers which Dr. Banda has—I will very gladly look into this—has occurred, I assume that it is for the reason I gave in my Answer. The second point, I agree, is an immensely difficult one. Of course, no legislation passed could affect the rights of hon. Members to raise a matter in this House, but matters which might entrench ultimately on Parliamentary Privilege, of course, are not for me to define.
Can the Minister give an assurance that the Emergency Regulations will be withdrawn before the Monckton Commission goes out, since the point raised in the first of these Questions is surely evidence of precisely the kind of problem which is likely to arise if leading Africans are retained in detention without trial while the inquiry is taking place?
I could not give an assurance in those terms. The Emergency Regulations will be removed as soon as possible, but I cannot give an exact date.
Can the right hon. Gentleman tell the House whether Dr. Banda is able to receive his own solicitor without the presence of Government representatives?
I should like to inquire into that question and let the right hon. Gentleman know the answer.
Northern Cameroons
Plebiscite
32.
asked the Secretary of State for the Colonies if his attention has been drawn to the statement made by the Premier of the Northern Region of Nigeria regarding the conduct of British officers during the recent plebiscite in the Northern Cameroons; and what action he proposes to take to maintain confidence in the impartiality of British officers in the course of their duties there.
Yes, Sir. The United Nations Plebiscite Commissioner, whose duty it was to supervise the plebiscite arrangements, stated that the plebiscite was organised and conducted by the administering authorities with efficiency, impartiality and in accordance with the laws and regulations promulgated for this purpose. I have no doubt that publicity will be given to the Plebiscite Commissioner's statement.
Is not it a fact that the Northern Cameroons consists of two isolated strips of territory separated by 40 miles of Nigerian territory proper and administered up to now as parts of three separate provinces of Nigeria? In view of that, will not it be a matter of extreme difficulty and embarrassment for Her Majesty's Government to continue administration of this territory after Nigeria has achieved its independence next year?
As far as I know, my hon. Friend's geography is correct. Certainly it will be an enormously difficult problem, in the period between October, 1960, and whenever a final decision is reached about the Northern Cameroons, to improvise administrative machinery in that area, and that is why I hope that the gap will be as short as possible.
Aden Protectorate
Development
33.
asked the Secretary of State for the Colonies what plans are being considered by the Federated Territories of the Aden Protectorate for agricultural expansion and the extension of educational and medical services; what further financial and other assistance to that end has been offered by Her Majesty's Government; what other protectorate areas are now in process of considering joining the Federation; and which have positively refused further to consider the matter.
The Federation's first task must be to establish the basic services and consolidate what already exists on a federal basis. Meanwhile, development plans are being prepared for the whole of the Protectorate, but I am not yet in a position to give details. About £1½million of Colonial Development and Welfare funds is available for the Protectorate for the current period. I am not aware what States are at present considering joining the Federation; nor do I know of any which has decided not to consider the matter.
Does the hon. Gentleman appreciate that whatever may be the value of political federation in this area will be largely lost unless there is corresponding economic development, which is urgently needed? May we have an assurance that funds will be available to enable this desirable economic, agricultural and educational development to take place?
I would not disagree with the hon. Member. It is our intention to help as much as we can in the spheres which he mentioned—agriculture, education, medical services and others.
Hong Kong
Refugees
35.
asked the Secretary of State for the Colonies how many of those classified as refugees in Hong Kong are now employed; how many of their children are receiving education; what further progress has been achieved in rehousing them; at what rate refugees are still entering Hong Kong; how many refugees have settled in the rural area of the new territories; and what plans exist or are being considered for the dispersal of the refugee population to areas outside the Colony.
It is neither possible to distinguish refugees from other people in Hong Kong, nor to give a reliable estimate of new arrivals. The hon. Gentleman may, however, like to know that complete unemployment as distinct from under-employment is believed to be slight; approximately 85 per cent. of the Colony's children of school age receive some form of education; nearly 300,000 squatters have been rehoused; there are at present no figures available for refugee settlement in the new territories; there are no plans for dispersal outside the Colony.
Does not the hon. Gentleman appreciate that constantly we are informed of the number of refugees in Hong Kong? How can he say that it is not possible to discriminate between one type of inhabitant and another? Is it not possible to contemplate agricultural settlement of some of these refugees in the rural areas of the new territories? Surely there is a vast area there which could be used in this way. As it is, Hong Kong is becoming overcrowded with industrial development.
In answer to the second part of the hon. Member's supplementary question, many of the refugees have settled in the so-called new territories. Although I have not the exact figures, the figures of the number of refugees are very far from accurate.
Is it not a little unfortunate that the Governor of Hong Kong should have to come to this country and seek what amounts to private charity from the World Refugee Fund in order to meet this problem? Should not the Government themselves give more generous direct help towards meeting this refugee problem on the borders of Communist China?
The Government of the United Kingdom have done a certain amount and the Government of Hong Kong has done a good deal. I hope that nothing which the hon. Member has said will do anything to discourage voluntary charity also helping.
Mr Leonard Hackett
40.
asked the Attorney-General whether, in view of the recent statement made by Mr. Leonard Hackett, J.P., Chairman of the Wokingham Board of Magistrates, while sentencing a 15 year-old boy, he will take steps to remove Mr. Hackett's name from the list of magistrates.
41 and 42.
asked the Attorney-General (1) whether he is aware of the statement recently made by Mr. Leonard Hackett, J.P., during a case at Wokingham Juvenile Court on 19th October last; and if he will have Mr. Hackett's name removed from the list of magistrates:
(2) with reference to the Lord Chancellor's letter sent to the hon. Member for Brixton on 17th November last, what assurances were obtained from Mr. L. A. Hackett, J.P.; and if he will make a statement.My noble Friend the Lord Chancellor is satisfied that the removal of Mr. Hackett from the Commission of the Peace would not be justified.
The boy in the case, who is almost 16, was charged with, and admitted, an act of buggery with a younger boy, whose father had caught him in the act and struck him. He also admitted six offences of larceny; he has been convicted on previous occasions; and he appeared to the court to be wholly unrepentant and resentful of the treatment he had received from the other boy's father. Mr. Hackett, on behalf of all the members of the bench, addressed him in severe terms in an endeavour to impress on him the gravity of the matter and in the course of his remarks expressed the view that a thrashing was the kind of treatment the accused might expect to receive from his fellow citizens if he continued to misbehave in this way. My noble Friend has received written assurances from Mr. Hackett and the other justices who were members of the court that in the newspaper reports of the case this part of Mr. Hackett's address was taken out of its context, with the result that those reports were misleading in that they implied that Mr. Hackett would if he could have pronounced a sentence of corporal punishment. My noble Friend accepts those assurances.While nobody would wish to condone the offences committed by this boy, may I ask the right hon. and learned Gentleman whether he approves the statement which the magistrate is reported to have made:
"You deserve a thrashing that will leave you unconscious for 48 hours."
I do not think there is any occasion for me to comment further upon that statement.
Will the right hon. and learned Gentleman address himself to the contents of the Lord Chancellor's letter to me, in which the Lord Chancellor gave as his excuse for taking no action, first, that Mr. Hackett had been misreported and, secondly, that he himself had no intention of suggesting that the boy should be beaten? As the two bases on which the Lord Chancellor decided to take no action have been proved to be false and misleading—[HON. MEMBERS: "They have not"]—as they have been proved to be false and misleading, will the Attorney-General say that in these circumstances, in view of the outrageous remarks, which he has not yet fully quoted and which I have in front of me, he will, first, tender an apology to the reporters who conveyed an accurate report of the proceedings, and second, in view of the outrageous statements that were made by Mr. Hackett, to which the Attorney-General has not referred, order his removal from the magistrates' bench forthwith, as he is a quite unfit person to sit in judgment on anybody?
The hon. Member cannot have listened to the last part of my Answer when I said that in the newspaper reports part of Mr. Hackett's address was taken out of context. If the hon. Member has seen the reports which were taken, which were not reports of the whole proceedings, he will at least recognise that the magistrate made it quite clear that the court had no powers of this kind itself whatever and made it quite clear, as I have said in my statement, that he was seeking to indicate that a thrashing was the kind of treatment that the boy would receive at the hands of his fellow citizens.
rose—
We cannot debate this matter now.
On a point of order. I would like to seek your guidance, Mr. Speaker. If it is in order on the Motion for the Adjournment to move for the removal of a magistrate, I shall be happy to give notice that I shall raise the matter on the Adjournment. If, however, you rule that it cannot be done on the Adjournment and that it must be done by way of Notice of Motion on the Order Paper, perhaps I should follow the procedure that has to be followed when seeking to remove a judge from his office. I would be glad of your Ruling, Mr. Speaker, in due course, or, perhaps, at the end of Questions, to enable me to decide the correct procedure that I should follow in this matter.
I will consider the matter and let the hon. Member know.
Ministry Of Works
Excavations, Windmill Hill
43.
asked the Minister of Works what excavations took place last summer at Windmill Hill, near Avebury, with what result; and what further similar work it is proposed to undertake in future in this area.
During the summer of 1959, an investigation of the Long Barrow at Windmill Hill was carried out on behalf of my Department. This site proved to contain no burials, but produced pottery similar to that from Windmill Hill Camp. A report will be published in due course.
No further work is at present planned for this area, apart from the limited excavation of the North Setting at Avebury mentioned in my reply to the hon. Member for Dagenham (Mr. Parker) on 10th November, 1959.
In view of the very great archaeological importance of the Avebury Stone Circle and the fact that the Ministry of Works has now virtually for the time being finished its operations at Stonehenge, will the Minister look again at the possibility of an expanded programme of work at Avebury?
Our programme follows the advice of the 1958 Report of the Ancient Monument Board for England, which recommended that work should be started again on the lines which we have adopted for next year. This is probably the best method.
B6318 (Road Widening)
44.
asked the Minister of Works if he has now completed his consultations with the Ministry of Transport regarding proposals to widen road B.6318; and what steps will be taken to safeguard the Roman Wall.
My right hon. Friend the Minister of Transport and I are still considering what are the best means of improving conditions for traffic along this route.
As my predecessor stated in answer to a Question from my hon. and gallant Friend the Member for Poole (Captain Pilkington) on 24th June, 1958, arrangements have been made for both Departments to be consulted about all road schemes which affect the Wall and its associated works.Does the Minister agree that this has taken an awfully long time? When does he expect to be in a position to make a final statement? This is a matter which interests great numbers of people. Should not the Minister make a statement about it soon?
I will as soon as I can, but a number of alternative proposals have to be considered.
British Railways
45.
asked the Prime Minister whether he will put the British Transport Commission directly under the Minister of Transport, so that British Railways may be directly responsible to the House of Commons for their efficiency.
This would, of course, be a very drastic change, which would require new legislation. As regards the relationship between British Railways and this House, I would refer my hon. Friend to the Answer I gave on 12th November to my hon. Friend the Member for Ayr (Sir T. Moore).
Is my right hon. Friend aware that there is a good deal of dissatisfaction in the country, and also among people working on British Railways and customers of British Railways, about the present arrangement of answerability for this public service? Will my right hon. Friend undertake to look at the matter again and also, in looking at it, to review the experience of war time, when we had a Minister of War Transport, who, I understand, was prepared to answer Questions in this House about some of the operations of our transport system?
Yes, Sir. Of course I shall be glad to study this, I say only that it is a very large issue and rather difficult to deal with by way of Question and Answer. It is the whole problem set by nationalisation.
Dr Adenauer (Visit)
( by Private Notice)
asked the Prime Minister whether he has any statement to make on his recent talks with Dr. Adenauer.
My talks with the German Chancellor were confidential. I would, however, like to say this about his visit. Among the subjects discussed with Chancellor Adenauer were preparations for the forthcoming Summit Meeting, Germany and Berlin, disarmament, and the political and economic relationships of Western Europe. The result of our talks on these subjects was to confirm that there were no differences between the objectives which both of us were trying to attain.
Did the right hon. Gentleman have any specific exchanges with Dr. Adenauer about the proposals which he discussed in Moscow with Mr. Khrushchev about an area of disengagement in Central Europe or a limitation of arms in a specific area? Secondly, did the right hon. Gentleman discuss the Oder-Neisse line? Thirdly, did he make proposals to Dr. Adenauer about a West German contribution to funds for underdeveloped areas?
Our policy for controlling armaments in an agreed area in Central Europe is set out in the Western proposals which were put forward at the Geneva Conference in May. These were worked out in conjunction with our allies after my visit to Moscow and they are wholly consistent with the communiqué which was issued after the Moscow visit. They are to be found in Command Paper 797.
What about the other questions?
With regard to the right hon. Gentleman's second question, I did not discuss that matter. As to the third question, it is a subject which came into our discussions.
It there not a great deal of opinion in many countries of the West that as Western Germany has been relieved of a very considerable burden of aims in the course of the last ten years or more, and has had very great help in the development of her economy, it is reasonable to expect her to make a generous contribution to funds for underdeveloped areas?
If we are able to work out some joint effort I hope that the German Government will make their contribution.
Does the Prime Minister's reference to the Western so-called peace plan mean that it is wrapped up again in a tight package and that any question of a zone of limited arms in Central Europe is made conditional again on prior acceptance of reunification on Dr. Adenauer's terms?
No, Sir. If the hon. Member will look at it, he will see that there is no inconsistency between the May position of the joint agreement with the allies and the communiqué issued after my visit to Moscow.
Could the Prime Minister, without betraying to the House anything that was confidential between him and Dr. Adenauer, still assure the House that he is under no kind of obligation, either to Dr. Adenauer or anybody else, that would prevent him, at the Summit Conference, from considering proposals for a disengagement area in Europe on their merits? Can he assure us that there is no prior obligation on his part that would prevent his so doing?
I have always made it clear that we are opposed to what is called disengagement. We have said that we are in favour of geographical areas of inspection and ceilings on arms throughout the world. This, in our view, is a sound conception.
If the Prime Minister's purpose, as it no doubt is, is to promote stability in Europe, would it not have been wise to have extracted an assurance from Dr. Adenauer in these conversations on the lines of General de Gaulle's declaration on the Oder-Neisse line?
The object of these visits is to have discussions. They are confidential. They are freely entered into and they are preparatory to discussions which we shall have in Paris with the Western Powers, and I hope that these will be preparatory to a Summit Conference. I do not think that it would be in the interest of or of value to these discussions if I were asked to give a detailed account of everything that we discuss.
Would the Prime Minister say that nothing that results from the conversations with Dr. Adenauer would prevent discussion about the future status of Berlin at the Summit Conference?
All our views upon that are laid down as we discussed it before the May conference, and we take up the discussion where the Foreign Ministers' conference ended.
Did the right hon. Gentleman discuss with Dr. Adenauer the advisability and possibility of a temporary agreement on Berlin?
Reverting to the proposed zone of controlled disarmament in Central Europe, may I ask the right hon. Gentleman whether, when he discussed this with Mr. Khrushchev, it was then considered to be part of a general agreement covering a lot of other things as well, or was it not regarded as something which might be handled on its own—an initiative which might lead to progress later in other directions?No, Sir. It was clear when we discussed it, and it is said in the communiqué, that
"They considered that such negotiations could lay the foundations for a stable system of European security."
The right hon. Gentleman has not answered my question. I asked whether, when he discussed these proposals with Mr. Khrushchev, there was any reference whatsoever to a so-called package deal, or was it not something helpful which might lead to other things but which was not dependent on other political opinions?
It was always understood that this subject would be part of the whole German problem.
Central Africa (Advisory Commission)
With permission, Mr. Speaker, I will now make a statement about the Advisory Commission on Central Africa.
As the House knows, the Constitution of the Federation of Rhodesia and Nyasaland is to be reviewed at a conference to be held late in 1960. In preparation for that conference the Government, in consultation with the other Governments concerned, intend to establish an Advisory Commission. The Commission will, as already announced, comprise 26 members drawn equally from the area of the Federation, on the one hand, and from the United Kingdom and certain other Commonwealth countries, on the other, and will include independent members both African and European as well as United Kingdom parliamentary representation. As I told the House on 21st July, we think that a comprehensive Commission of this kind will not only enable the Governments concerned to approach the conference with the best possible advice; it will also serve the imaginative and constructive purpose of helping to create a common approach among all concerned to these very difficult problems. The political wisdom of Parliament, the direct experience of Africans and Europeans living in Rhodesia and Nyasaland and the objective advice of distinguished independent minds will thus all be able to make their rightful contribution to this important end. I come, first, to the terms of reference. I will read them:The House will note that these make special reference to the Constitution of 1953, including the Preamble, with all its safeguards. At the same time, as I said on 21st July, I regard the Commission as free, in practice, to hear all points of view from whatever quarter and on whatever subject. It will, of course, be for the Commission to decide what use to make of the material which reaches them. I am sure that the House will have full confidence in my noble Friend Lord Monckton's ability to deal with this. In these cases, I do not think that it is ever wise to be too specific or rigid in interpretation. But the House will see that these terms will permit the Commission to consider the whole field of the redistribution of powers in either direction between the Federation and the territories and to advise on the timing of any programme and the character of any changes in the framework that it may suggest. I now come to the question of membership. As the House knows, Lord Monckton, despite his other heavy responsibilities, has agreed to give his services as chairman. This is an appointment that has, I feel sure, earned the warm approval of all shades of Parliamentary opinion. The remaining membership will be as follows:Vice-Chairman—Sir Donald Mac-Gillivray, who will be remembered for his distinguished career in colonial administration and especially as High Commissioner in Malaya."In the light of the information provided by the Committee of Officials and of any additional information the Commission may require, to advise the five Governments, in preparation for the 1960 review, on the constitutional programme and framework best suited to the achievement of the objects contained in the Constitution of 1953, including the Preamble."
United Kingdom Independent Members
- Mrs. Elspeth Huxley, the well-known writer on African affairs.
- Professor D. T. Jack, Professor of Economics at the University of Durham and lately member of the Royal Commission on East Africa.
- The Reverend Dr. R. H. W. Shepherd, missionary of the Church of Scotland, formerly Principal of Lovedale and now completing his term as Moderator of the Church of Scotland.
From the Commonwealth
- Professor D. C. Creighton. Professor of History at the University of Toronto.
- Mr. Frank Menzies, late Crown Solicitor of the State of Victoria in Australia.
- We are most grateful to these two distinguished citizens from Canada and Australia for giving up their time to share in this arduous but vital task.
From the Federation
- Mr. G. H. Habanyama, Chief Councillor of the Gwembe Tonga Native authority in Northern Rhodesia.
- Mr. A. E. P. Robinson, Chairman of Central African Airways.
- Sir Victor Robinson, lately Attorney-General of the Federation.
- Mr. R. M. Taylor, a company director, formerly Federal Secretary for Finance.
From Southern Rhodesia
- Mr. Justice Beadle, Judge of the High Court of Southern Rhodesia.
- Mr. C. Ellman-Brown, Chartered Accountant. Formerly a Minister in the Administration of Mr. Garfield Todd.
- Mr. Simon Segola. Chief of the Ndebele people.
From Northern Rhodesia
- Mr. Woodrow Cross, farmer.
- Mr. Lawrence Katilungu, President-General, African Mine Workers' Trade Union, Northern Rhodesia.
- Mr. W. H. McCleland, a company director and a member of the Northern Rhodesia Central Race Relations Committee.
From Nyasaland
- The Reverend Father Henry Chikuse, Mission School Manager, Nyasaland.
- Mr. E. C. Gondwe, Education Officer, Northern Province, who attended the 1951 conference at the Victoria Falls.
- Mr. G. G. S. J. Hadlow, Chairman of the Nyasaland Tea Association and formerly a member of the Executive and Legislative Councils, Nyasaland.
A question on which much attention has been focused in Parliament and elsewhere is whether the Commission will command the confidence of the African peoples in the Federation. This is a point to which the Government, naturally, attach the greatest importance. Indeed, our object throughout has been to establish a body which would enjoy the confidence of all the people both in the Federation and in this country. I hope that the membership as now established, with its distinguished Chairman and its independent Commonwealth and African representation, will commend itself to people of good will everywhere. It has been suggested that representatives of African political parties should be included in the Commission. In our view, that would be a complete misconception of the purpose of the Commission, which is intended to bring to this task men of independent mind not committed to extreme views.
What really matters is that African opinion of all shades will be fully heard and objectively recorded. As I have said before, I regard the Commission as free, in practice, to hear all points of view from whatever quarter. As regards the question of receiving written or oral evidence from persons who may be under detention when the Commission is operating, I am sure that this can be arranged. Moreover, we are prepared, as my right hon. Friend the Secretary of State for the Colonies said on 2nd November, to publish the statements submitted to the Commission and the evidence given before it, subject to the understanding that those witnesses, who do not wish their evidence to be published, may ask that it should not be made public and their wishes will be respected.
Before I finish, I would like to remind the House that this Commission is advisory. It expects to begin work early in February, when the Report of the Committee of Officials which is at present meeting will be available. And the Commission itself will be followed by a Governmental conference whose conclusions will, in turn, be subject to consideration by Parliament.
With regard to the association of Parliament with the Commission, I have had a number of discussions with the right hon. Gentleman the Leader of the Opposition. These are not yet concluded. I hope very much that he will see his way to nominate three Privy Councillors to play their part in this work. A further statement on this point will be made as soon as possible. Meanwhile, I thought it right to announce without further delay the non-parliamentary membership and terms of reference of the Commission.
The House will, naturally, wish to study with care the statement which the Prime Minister has made and the names of the members of the Commission so far announced. It is well known that we on this side of the House do not believe that this type of Commission is the right form in which to conduct the preliminary inquiry before the conference. We have always made it plain that we would have preferred a United Kingdom committee, probably of a Parliamentary kind, because we believe that this would produce a more objective report, and, also, that it would not run into the various difficulties inherent in trying to obtain representatives who can really represent the people of the various territories in the Federation.
If, however, as is clear, the Government are determined to proceed with this type of Commission, which is of a representative kind, we would still feel it unfortunate that in a Commission of 26 members, only five are African and that out of 13 from Africa itself only five are Africans, although clearly the people most concerned with the outcome of the report are the millions of Africans in these territories. May I also ask the Prime Minister whether he has observed that of the five African representatives no fewer than three are dependent upon the Governments of the territories for their income? Is not this somewhat unwise, if one is anxious to obtain a completely independent view? There are three other points I must raise. First, is the Prime Minister still determined to limit any United Kingdom Parliamentary representation to Privy Councillors? If so, can he give us any significant reason why this should be so? Are there any important precedents for it? Would it not be wiser to leave ourselves in this matter a great deal more room than is possible if we limit representation in this way? Secondly, does not the right hon. Gentleman feel that it is of the most vital importance, if the Advisory Commission is to have any hope of success, that it should be acceptable to the African people as a whole, including the African political movements? Is it not obvious that if, as unfortunately may happen, the African political movements were to boycott the Commission, a great deal of its value would be lost? In view of this fact, is it not extremely desirable that the Government should proceed at once to the release or bringing to trial of the detainees from Nyasaland, and can he not at least release Dr. Banda? This, I am sure, would make a very favourable impact upon African opinion. Finally, may I ask the right hon. Gentleman this question on the terms of reference, to which we attach the utmost importance? It is well known that, rightly or wrongly, much African opinion is still opposed to federation. Much opinion in Nyasaland, indeed the overwhelming opinion there, according to the Devlin Report, is against federation. Is it not the fact that the Advisory Commission would be far more likely to win the support, or at least the tolerance, of the African people if it could be made perfectly plain that the Commission was completely free in its terms of reference to consider not only federation, but other forms of association as well? Is the Prime Minister aware that if the Commission is bound to consider only federation, whatever the evidence submitted, it will seem to be of little use to some of those giving evidence to give it at all? In those circumstances, may I ask the right hon. Gentleman to consider once again his interpretation of, or his opinion on, the specific terms of reference and to give us the assurance that the Commission will be able to consider any forms of association which seem to it appropriate in its deliberations?
First, the representation. We have, of course, discussed this together. I think that it is desirable that we make the representation of Privy Councillors [HON. MEMBERS: "Why?"] We have discussed that. [HON. MEMBERS: "Why?"] Because I think that it would be wise to do so and helpful to do so. [HON. MEMBERS: "Why?"] However, in our discussions the right hon. Gentleman, as I understood, was chiefly concerned with the last point which he raised. As to the progressive releases and the return to general good government and order, I think that that is going on. My right hon. Friend made a statement the other day. In Nyasaland, the number of detainees is continually decreasing, and I have every hope that further progress will be made.
But I understood from our conversations—I do not wish to reveal them—that the third point was really the major point which the right hon. Gentleman and his colleagues had in mind. I want to make it clear, as I tried to say, that the Commission can, of course, hear any evidence of any kind on any subject. The right hon. Gentleman says, "Can it consider other forms of association?" I would have thought that the phrase which I tried to interpret in the terms of reference—is a pretty wide one and really covers the point at issue, other forms of association being covered by those "powers" whether greater, or changed, or smaller, which really do affect the answer. I am bound to say that I would think it wiser not to add to the statement which I have made, and which I hope, on reflection, the right hon. Gentleman and his hon. and right hon. Friends will find acceptable. If the right hon. Gentleman wishes to discuss it further with me, I am very ready to do so. I think, and I think that he feels, that it would be better today to let the House consider the situation, read the statement, consider the names, and then see whether it is possible to reach agreement, for I am persuaded, whatever the differences, that we—everybody in the House—would like to see a non-party approach to this problem if it can be achieved."considered the whole field of the redistribution of powers in either direction"—
We are prepared to continue discussions with the Prime Minister. We are anxious to make our contribution. We believe that this Commission cannot succeed unless the terms of reference are so interpreted as I have earlier described. Is the Prime Minister aware that our difficulty over the form of words which he used today is that it appears still to be limited by the reference to the framework which itself is taken from the terms of reference which specifically refer to federation? That is our difficulty. If we could get rid of that word and have alternative words—as I say, other forms of association would be possible—it would make a substantial difference.
The terms of reference have been agreed. [HON. MEMBERS: "By whom?"] By all the members who indicated their willingness to join. I tried to make as wide and generous an interpretation of the terms of reference as possible, and I think that when Members look at them they will see that they do include a very wide possibility for Lord Monckton and his colleagues to conduct their affairs in such a way as to bring about the result we all wish. I certainly would appeal to the right hon. Gentleman—knowing his views, I think that he will respond to that appeal—that we should today, perhaps, consider the implications of what he has said and of what I have said, in the hope of reaching agreement on this matter.
Is the Prime Minister aware that the words to which he referred in his statement are among those which must cause some disquiet? The words are that the Commission will be free to
I put it to the Prime Minister that this clearly supposes that the territories should remain inside the Federation. That is the whole supposition. Indeed, the Prime Minister has gone back, I think, on the words that he used on 21st July. I put it bluntly to the right hon. Gentleman: is it open to the Commission, if it so desires, to recommend that Nyasaland should secede from the Federation altogether?"consider the whole field of the redistribution of powers in either direction between the Federation and the territories and to advise on the timing of any programme and the character of any changes in the framework that they may suggest."
This Commission is appointed to review an existing Constitution, to which its terms of reference naturally relate. I am sure that it is the wish of the House that a solution should emerge acceptable to all the races in the territories concerned. The terms of reference, in my opinion, give the Commission full scope to advise us on how best that object can be achieved, but, of course, if the Commission thinks that it could not fulfil its task to its satisfaction within the terms of reference no doubt it would say so. [HON. MEMBERS: "Oh."] I have every confidence in the chairman and the membership.
Is the right hon. Gentleman aware that the announcement of the members of the Commission will bring great disappointment to Scotland? [HON. MEMBERS: "Why?"] Do not right hon. and hon. Gentlemen opposite know the close association between Scotland and Nyasaland? Would not the Prime Minister have thought that one ought to have had some direct representation from the Scottish Church other than the Moderator on the Commission?
I do not want to be unhelpful. I had thought that perhaps the inclusion in the membership of one of the United Kingdom members, Dr. Shepherd, who has been Moderator of the Church of Scotland—
Not now.
who is now completing, just finishing, his term as Moderator, would have been regarded as representative of the independence of the Scottish Church.
Will he be allowed in?
May I ask the Prime Minister, first, whether, if witnesses were to appear before the Commission advocating the union of Nyasaland with Tanganyika as an alternative to the present arrangement, that would be within the terms of reference of the Commission? Secondly, in relation to the detainees, will he bear in mind the precedent set in the Gold Coast, in 1948, when Dr. Nkrumah and other interned political leaders, interned without trial, were released before the Commission of inquiry began its sittings?
On the first question, I would just repeat what I said as to the character of the evidence anyone may wish to give. I said that I regarded the Commission as being
I think that that would cover the first part of the hon. and learned Gentleman's question. With regard to the second, I said that arrangements would be made for the purpose he has in mind, and I think that that can be arranged, will be arranged. I am hopeful that we shall have still further progress and that a smaller number of people will be detained."free, in practice, to hear all points of view from whatever quarter and on whatever subject."
Is the right hon. Gentleman aware that we on this side of the House could serve no good purpose at all in joining the Commission if there were any ambiguity about what the terms of reference are, because that ambiguity would give rise to considerable misunderstanding in Africa itself and we would start work on the Commission under a cloud? Is it not insufficient to say that all kinds of evidence can be heard by the members of the Commission? We understand that quite clearly.
What we are concerned about is not in relation to what evidence the Commission can hear, but what recommendations the Commission can make. That is the important point in our minds. There appears to be, if not an inhibition upon the Commission, at least sufficient ambiguity to make it impossible for us to identify ourselves with it until that ambiguity is cleared up satisfactorily.There is, first, the Commission, then there is the conference, and then there is Parliament. I think it is important to see this as a phase in a process which it is hoped will be helpful.
These are not very easy matters to deal with; they are very complicated and I know that we all want to try and get as near together as we can on this. I have tried to make a gloss on the terms of reference, which I might perhaps read once more. These terms will permit the Commission, first, to consider the whole field of the redistribution of powers in either direction between the Federation and the territories, secondly, to advise on the timing of any programme, and, lastly, on the character of any changes in the framework which it might suggest. I should have thought, and I appeal to the House on this, that those are reasonably wide terms for the Commission to work on. As I have said in the last paragraph of my statement, I am anxious, and I believe that the House is, too, that we should, if possible, reach agreement. I hope that the House will forgive me if I do not attempt now, off the cuff, to make a gloss on a gloss.Is the Prime Minister aware that many ardent supporters of federation, including Sir Roy Welensky, are prepared to reconsider the redistribution of powers between the Federal and territorial Governments? This has always been on the agenda for the 1960 review, and presumably, therefore, it is on the agenda for this advance Commission. The real test with which we are concerned is whether the Commission can consider and pronounce on the need to redistribute powers outwards from the Federation if necessary.
We have to set about this task with the Constitution that exists. The Commission has been informed to advise the Governments who have to meet in conference.
I tried to answer fairly the question that the hon. Member for Orkney and Shetland (Mr. Grimond) raised. I can only add this. Of course, it may be—pray God it will not be—that the problems of Central Africa are insoluble, or it may be that within what we are trying to do they are insoluble. In that case, I have no doubt that a Commission of this kind will find a way of expressing its opinion. We are trying to see whether there is a way along what everybody believes to be the best lines. If it can be found, and if we can get the confidence of all concerned who seek to advise us how to do it along those lines, we will do it. We should not give up the job as hopeless from the start.rose—
Order. I do not think that we can debate this now.
Business Of The House
Proceedings on Government Business exempted, at this day's Sitting, from the provisions of Standing Order No. 1 (Sittings of the House).—[ The Prime Minister.]
Orders Of The Day
Mr Speaker Morrison's Retirement Bill
Considered in Committee.
[Sir GORDON TOUCHE in the Chair]
Clause 1—(Annuities To Be Paid To The Right Honourable William Shepherd Morrison And After His Death To His Widow)
4.4 p.m.
I beg to move, in page 2, line 25, to leave out "under Her Majesty".
I have tabled this Amendment so that we can have an explanation and some clarification from the Leader of the House. I should like to know precisely what the words "under Her Majesty" mean. We know that these words occur in very old Acts of Parliament and that they refer to such posts as governor-generalships which have been discussed under the terms of the Bill, but in later years the question of what these words might mean has changed because of the nationalised industries Would employment under one of the nationalised industries come under that definition? We know, for example, that a previous Speaker became a member of the Board of the British Broadcasting Corporation. Do those words mean that ex-Speaker Morrison would be able to take employment with the B.B.C., or I.T.V., or any other nationalised industry? It is quite common these days to find Conservative Members of Parliament, and Ministers, leaving high office and becoming chairmen of nationalised industries. For example, the Minister of State for Scotland in the last Government retired and reappeared as chairman of a nationalised board. This conversion to nationalisation occurred spectacularly overnight. I speak this way because Lord Strathclyde is a constituent of mine. In the event of ex-Speaker Morrison being offered the chairmanship or the membership of a nationalised board, would the restrictions on the pension be applicable? If ex-Speaker Morrison's pension is to be reduced while he is Governor-General of Australia, is it the view of the Leader of the House that the rule would apply if ex-Speaker Morrison were offered a post as a director of a concern in the City? Members opposite do not think that it is in any way disgraceful to be a chairman or a director of a brewery company, or a member of the board of a distilling concern. I would like to know what objection the Home Secretary would have to applying the same restriction and regulation against the appearance of ex-Speaker Morrison as a director of a big insurance company, a big brewery company, or in a lucrative appointment in the City. I do not see how a distinction can be made. I suggest that it is possible that a great vested interest in the City might try to exploit the dignity of this House by offering an ex-Speaker a position and then gaining publicity by the fact that he had been the Speaker of the House of Commons. I do not know whether ex-Speaker Morrison would accept such an appointment, but I suggest that if there is to be a restriction on the pension when ex-Speaker Morrison has in an appointment such as the Governor-General of Australia, the argument must be that it would, in the same way, affect the position if ex-Speaker Morrison appeared on a board of directors or had any lucrative employment in the City. We ought, therefore, to hear from the Home Secretary why these words are included in the Bill, and what his objections are to what is a reasonable and logical Amendment.I support the Amendment.
The Committee is entitled to an explanation from the Government of the limits which are intended by Clause 1. As it stands, the pension which the House is asked to provide for ex-Speaker Morrison will be reduced in the event, and in the event only, of his accepting aThe point which I think is of constitutional importance is why there should be such proposed reductions in the event of an ex-Speaker accepting employment under Her Majesty compared with any other employment, whether of the kind mentioned by my hon. Friend the Member for South Ayrshire (Mr. Emrys Hughes) or any other kind. Speaking for myself, I can well understand that there are very good constitutional reasons why the Committee should say that an ex-Speaker should receive a pension, but that it will be dependent upon his not obtaining any other employment of any kind. During Second Reading a view was expressed, which aroused a good deal of sympathy on both sides of the House, that the position of Mr. Speaker, and, therefore, of an ex-Speaker, is so unique and distinguished that the House has a responsibility to ensure that an ex-Speaker is relieved of any kind of financial embarrassment. During the course of history it has always been assumed that an ex-Speaker should retire, I will not say into obscurity but into a condition in which he was free from all financial embarrassment, and that if he wanted to undertake some work of public importance or benefit it should not be conditional upon financial remuneration. The Speaker of the House, as the First Commoner of the Realm, is in a position with which no possible comparison can be made. A comparison was made on Second Reading with the position of ex-judges, but through several centuries it has been assumed that the position, dignity and eminence of the Speaker of the House is such that, once retired, he should be completely removed from politics and from financial embarassment and dependence of any kind. Here, for the first time in history, we have the case of an ex-Speaker who has been invited to accept, and has accepted, a position of very great responsibility under the Crown. I should have thought that if it were at all consonant with the dignity of an ex-Speaker to accept any other appointment after he ceases to serve the House, and if there were any exception to the general rule, it would be only in the case of accepting the position of Governor-General of one of the great Dominions, Australia and Canada. I can well understand the argument that of all the possible range of offers which may be open to an ordinary individual, for an ex-Speaker perhaps the only offer consonant with his dignity is that of Governor-General of Canada or Australia. In the Bill we are concerned with the traditional right and function of the House in making provision for the dignity of an ex-Speaker. Personally, I regret that any ex-Speaker should accept any paid employment at all, but I have referred to the possible limitations on that general rule. I would have thought that any ex-Speaker accepting any employment at all would have preferred that the pension which the House traditionally provided for an ex-Speaker should be suspended completely during the time of any such employment. 4.15 p.m. Having said that, however, I think that we are entitled to hear from the Leader of the House his view on the limitations contained in the phrase "under Her Majesty." Are we to take it that the right hon. Gentleman agrees with the views which my hon. Friend and I have expressed, that this particular appointment is so exceptional and is comprehended by the words "under Her Majesty," and that these would, therefore, exclude any other employment? If that interpretation is right, may I point out to the Leader of the House that if ex-Speaker Morrison, after relinquishing his appointment as Governor-General of Australia, were to accept any other "place, office or employment" which was not under Her Majesty, there would be no abatement even of half of the pension? That is a contingency which I do not think the Committee would regard as sensible or consonant with the dignity of the House of Commons. If we leave the Clause as it stands, there is an abatement of the pension in the event, and in the event only, of an ex-Speaker accepting an office or employment under Her Majesty. This leaves unresolved what would be the position if either ex-Speaker Morrison or any other ex-Speaker were to accept an office or employment not under Her Majesty. That is an event which I should not contemplate with any complacency. Nor do I think that other hon. Members would accept it with any complacency. I therefore think that the Clause as drafted is perhaps indefinite, and I hope that the Home Secretary will be able to clear up the constitutional point which my hon. Friend has raised."place, office or employment under Her Majesty."
It may be for the convenience of the Committee if I rise now, because I think that the position under the Clause is a good deal simpler and more straightforward than either the hon. Member for South Ayrshire (Mr. Emrys Hughes) or the hon. Member for Islington, East (Mr. Fletcher) have suggested. The words of Clause 1 (1) are:
More senior members of the Committee will know that it is notoriously not easy to identify all places, offices or employment under Her Majesty, but, clearly, the Clause would include such offices as appointment to the Civil Service, a judicial appointment or appointment as governor-general. It would not include—and this is the answer to the hon. Member for South Ayrshire—appointments to offices which are laid down by the House under Statute. It certainly would not include appointments to the boards of nationalised industries or to the B.B.C. There is a clear distinction, which is accepted and widely understood, between those offices which are offices under the Crown and appointed by the Crown and those which are held under Statute passed by the full authority of Parliament. I suggest that the position is much clearer than hon. Members have indicated. The effect of the Amendment is clear. It would be to abate the pension of Lord Dunrossil if he holds any other appointment, not only a public office. I fully realise that the Amendment is in line with the feeling voiced by a number of hon. Members opposite when the Resolution was debated in Committee and the Bill was debated on Second Reading, that the Speaker should retire completely on giving up his office and should not accept any employment, either under the Crown or directorships in the City. As hon. Members opposite know, I listened to the whole of the debate on the Committee stage of the Resolution and on Second Reading as well, and I can only repeat what was said by my right hon. Friend the Leader of the House on that earlier occasion. My right hon. Friend pointed out that this abatement Clause has been in Speakers' Retirement Bills since 1817 and he stressed the importance of keeping the whole Bill in traditional form, apart from the introduction of a widow's pen- sion, so as to avoid subjecting the Speakership to the strains and stresses of the day. There is one other point which I should like to emphasise to the Committee, because I think that it is important. In a number of public service pension arrangements it is customary for an abatement provision to operate only where the pensioner gets employment in some other public office. To extend this principle to cases of private employment, which is what hon. Members opposite who have moved and supported this Amendment wish to do, would be an innovation with very far-reaching implications, and I suggest to the Committee that it would be quite wrong to use this occasion and the office of Speaker as a vehicle for an innovation of this kind. Hon. Members feel sincerely on this point and have put their arguments this afternoon, but the principle behind this Amendment would be a considerable innovation to our proceedings in a wide range of public pension arrangements, and I do not think that Mr. Speaker Morrison's Retirement Bill is the right occasion on which to make this departure on principle."holds any place, office or employment under Her Majesty. …"