– in the House of Commons am 12:00 am ar 24 Mawrth 1947.
I do not wish to continue the Debate which we have just concluded, but now the Attorney-General is in his place I would like to ask him this specific question. What is the legal status of the Control Commission in Germany? Is the Control Commission the legal Government of Germany or not? If it is not, what is?
I hope the hon. Member for Ipswich (Mr. Stokes) will acquit me of any discourtesy in this matter in transferring the Question he has been good enough to put to me once or twice to other Ministers. I did so because my own jurisdiction is very limited, and it seemed to me the Questions were more appropriate to the function of those by whom they were eventually answered. On the other hand, I do not for one moment desire to shirk the point which the hon. Member raised. There is no possible doubt that the present position with regard to the
exact legal status of our relation with Germany is one without precedent, and I would not pretend for a moment to advise the House of the view to be taken of these matters in international law. It is a matter on which I would feel quite unequal and unqualified to speak, but there are two propositions which may fairly safely be made as a matter of English municipal law. I have little doubt that our courts, as I expect the courts of other countries, would regard the Control Council as the de facto Government of Germany, but it does not by any means follow that His Majesty's Government do not remain at war with the State of Germany. One of the prerogatives of the Crown is to declare war and to conclude peace. We did declare war on Germany, and we have not so far concluded a peace. As a matter of municipal law, the certificate of the Secretary of State is conclusive on the question of whether or not this country is in a state of war with a foreign State, and the Secretary of State for Foreign Affairs quite recently did give a certificate to the effect that we were still at war with Germany. On that certificate the Lord Justice Scott said:
If the King says by an Act of State that the Commonwealth of countries over which he reigns is at war with a particular State, it is at war with that State, and the certificate of the Secretary of State is conclusive.
That, I think, is the only advice I can give to the hon. Member in regard to the matter.
The statement the Attorney-General has just made is of very great importance. He has told us that the Allied Control Commission may be considered to be the Government of Germany, and that means that the whole matter of £20 million—or the possible £58 million—losses which were incurred as a result of black market trading in German marks now becomes the responsibility of the Allied Control Commission. As we understood it originally, these marks were to be honoured eventually by the German Government, and what the Attorney-General has told us tonight seems to complicate the matter considerably. I would like to say I fully intend to raise the matter further.