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not fall to be made by His Majesty in Council as all other Defence Regulations in this country are made, but by the Secretary of State or by the Minister of War Transport as the case may be. We do not know if this is intended but it is a somewhat revolutionary idea that Defence Regulations in this country can be made by Government Departments direct, instead of by His Majesty in Council. As you are probably aware, when similar arrangements were being made for the Channel Islands, the residuary nower to make Defence Regulations was vested in His Majesty in Council and not in the Home Office.
We suggest that Parliamentary Counsel
should be consulted about this draft Order (if this has not already been done) as it involves questions under the Emergency Powers (Defence) Act and as it also involves the Minister of War Transport receiving and having to perform additional functions over and above those conferred upon him by the Ministers of the Crown Minister of "ar Transport) Order, 1941. Parliamentary Counsel were intimately concerned in the Orders setting un this Department and in assign- ing the functions now exercised by the Minister of War Transport to him, and we cannot help feeling that if they have not already been consulted about this proposal, they should now be consulted.
A further small point: the reference in the last sentence of the second recital,to the Merchant Shipping Acts, 1894, to 1940 is correct and therefore the brackets and the question mark can be deleted.
If you think that any useful purpose would be served by discussing this draft Order rather than by continued correspondence, perhaps we could arrange a meeting.
Will you please treat this letter as a
reply/
A
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