53

Enclosure in No 21.

279

SIR,

No. 20.

THE SECRETARY OF STATE to THE GOVERNOR.

(Confidential.)

[Answered by No. 24.]

Downing Street, 23rd August, 1920. WITH reference to my despatch No. 666 of the 18th August, enclosing copies of the Ceylon (Legislative Council) Order in Council, 1920, I have the honour to inform you that the question has been raised of the position under the reformed Constitution of an unofficial member of the Executive Council who is also a member of the Legislative Council, and it may be of assistance to you when inaugurating the Constitutional changes to have before you my views of the relations which should exist between unofficial Executive Councillors and the Government.

2. The statement on the subject of the Ceylon Constitution which was made in the House of Commons by Colonel Amery contained an assurance that nominated members of the Legislative Council would not in any event be required to vote in accordance with the directions of the Governor. It follows from this that an unofficial Executive Councillor, who is also a member, whether nominated or elected, of the Legislative Council will be free to vote as he pleases in the latter Council. If the matter under discussion had been considered in the Executive Council it would, in my opinion, be proper for him to give notice to the Governor of his intention to vote against the Government; and it is clearly in accordance with the spirit of the reforms which are to be introduced that if an unofficial member of the Executive Council consistently opposed the Government in the Legislative Council, the Governor would be justified in taking steps for his removal from the Executive Council. On the other hand, the Governor would, I consider, be well advised not to press in the Legislative Council any proposal against which the unofficial members of the Executive Council were united, unless he were prepared to declare the matter to be of paramount importance under clause 52 of the Order in Council; in which event the votes of the unofficial members would not be taken, and therefore the question of their freedom would not arise.

3. It will, of course, be understood that I should not contemplate the removal from the Executive Council of an unofficial member on account of isolated cases of disagreement with the Government, but only if a member's general attitude showed that he was to be regarded as consistently opposed to the policy of the Government, in which event it would clearly not be reasonable that he should remain in the Executive Council.

42301

No. 21.

I have, &c.,

MILNER.

THE ACTING GOVERNOR to THE SECRETARY OF STATE. (Received 26th August, 1920.)

(No. 610.)

MY LORD,

Ceylon, 31st July, 1920.

I HAVE the honour to enclose a copy of a letter, dated 20th July, 1920, which has been received from the Honorary Secretary of the Ceylon Workers' Federation regarding a resolution passed by the Federation on the 10th July in connexion with the proposed constitutional reforms.

2. I have not been able to ascertain that the Federation has any claim or man- date to represent the body of workers in Ceylon.

I have, &c.,

GRAEME THOMSON,

Officer Administering the Government.

SIR,

20th July, 1920.

I AM directed by my Committee to forward to you the following resolution passed on the 10th July, and ask that you will be pleased to forward the same to the Secretary of State for the Colonies.

"That this Federation urges on the Secretary of State for the Colonies and His Excellency the Governor that in the event of manhood suffrage not being provided for under the proposed constitutional reforms, it is impera- tively necessary that representation should be granted to Ceylonese labour."

I am, &c.,

C. H. Z. FERNANDO,

Honorary Secretary.

The Honourable

The Colonial Secretary.

43238

SIR,

No. 22.

MR. E. J. SAMARAWICKRAME to COLONIAL OFFICE. (Received 31st August, 1920.)

[Answered by No. 23.]

National Liberal Club, Victoria Street, London, S.W.1,

31st August, 1920.

The Reform of the Constitution of Ceylon. THE other members of the Ceylon Reform Deputation on leaving England handed to me among other documents a copy of your reply dated the 17th instant, to the deputation's letter of the 2nd,† and authorized me to act on its behalf. I felt that your letter was intended to be final and did not call for any further communication from us. But I find from the Ceylon Press and telegrams received by me that the feeling of disappointment caused by the inadequacy of the reforms outlined in Parliament is so intense and general that I feel it my duty to address you and make the case of the Ceylon Reform Deputation clearer.

I must in the first place thank you for the terms in which your letter was framed.

I have next, in reference to the statement in paragraph 3 of your letter that Lord Milner cannot accept our contention that the proposed changes will not give the people any means of control over the Administration, to state that the deputa- tion understands by popular control, control by the representatives of the common interests of the country. Special interests of small groups or occupations might coincide with the particular interests which the local Administration might like to promote in preference to the general interests of the country. In fact, most of the seats granted to communal and special electorates will mean the representation of those very interests which Ceylon officials have often championed in the past. The limited duration of each official's tenure naturally leads to a preference of enterprises which might be expected to bear fruit or increase the revenue within his day. This accords with the quite legitimate desire of foreign capital, whether it be British, German or Indian, to support a policy which will mean a larger measure of success for the undertakings that they are at the moment engaged in, and an earlier return to their homes.

In dealing with the subject in relation to India Lord Chelmsford and Mr. Montagu came to a similar. conclusion.

His Majesty's Government decided to grant to India a majority of elected representatives of the general interests of the country, and in respect of those matters which devolve on Provincial Legislatures there, a very substantial majority. This decision was the result of elaborate inquiry and careful consideration. Never- theless it has not been applied to Ceylon, although any difference that exists in the conditions of the two countries is in favour of Ceylon. The people must feel

• No. 18.

* No. 17.

+ No. 15.

PUBLIC RECORD OFFICE

9

Reference :---

C.O. 882/10

PUBLIC RECORD OFFICE, LONDON |

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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