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No. 7.
THE SECRETARY OF STATE to THE GOVERNOR.
(Confidential.)
SIR,
[Answered by No. 10.]
Downing Street, 19th April, 1922. I HAVE the honour to acknowledge the receipt of your Confidential despatch of the 1st March* submitting a report on the debate upon suggestions for the further reform of the political constitution of Ceylon.
2. I have had an opportunity of reading the Press reports of the debate in the Council, and I have been struck by the ability and moderation with which Members of Council in general expressed their views.
3. The analysis of the voting on the several resolutions with which you have furnished me has enabled me to form a clear idea of the attitude of the various communities to the several proposals. While I consider it right to have special regard to the attitude of the Members elected on a territorial basis, I cannot "allow their views to override altogether those of the Members elected and nominated to represent special communities. It will be many years before the mass of the electorate develop a political instinct sufficient to rise superior to racial and religious divisions, and this fact appears to have been fully recognized in the course of the
debate.
4. I propose to take the resolutions in order, and to inform you of the con- clusions which I have reached on each of them.
5. Resolution I, with the amendment embodied in it, deals with the future composition of the Legislative Council.
I share your reluctance to agree to a reduction of the number of Official Mem- bers to so few as six, and I consider that such a reduction would deprive the Council of the opportunity of obtaining, at first-hand, the views of officers possessing long experience of the administration of the more important Departments. I am pre- pared to admit that the Members elected on a territorial basis should be increased in number to such an extent as to give them a predominant place amongst the various sections of the Council, but I do not think that advantage would result from any considerable increase in the total number of Members. Such an increase would, I think, tend to interfere with the efficient despatch of business, and might make it difficult to secure the maintenance of the high standard reached by the Members of the existing Council. Experience alone can show to what extent these objections are justified, and, for the present, I think it will be sufficient to reduce the number of Official Members to ten, and to increase the number of Members elected on a territorial basis to fifteen.
The distribution of seats amongst these Members will be dealt with later in this despatch.
6. Resolution II proposes the retention of the existing representation of minori- ties, and the amendments propose the abolition of the representation of special interests.
As I have already indicated, I am clearly of opinion that the existing repre- sentation of minorities must be retained. I am prepared to agree to the abolition of the special representation of the Chamber of Commerce and of the Low Country Products Association, on the understanding that Burgher and Mohammedan com- munities will be represented in future by two Members each, and the European community by three Members. In the case of the Burgher and European com- munities, the Members should continue to be elected as at present, and the Moham- medan Members will for the present be nominated under the provisions of the existing Order in Council.
I agree that for the present the existing representation of the Kandyans should be maintained.
7. Resolution III proposes that the Legislative Council should be presided over by a Speaker elected by itself.
I have not felt able to accept this resolution at the present time, but I am pre- pared to accept your recommendation that the Governor should remain President of
* No. 8.
the Council under existing conditions, but with the understanding that he would not ordinarily preside, and that power should be given to the Council to elect their own Vice-President, who would, in the absence of the Governor, preside over their deliberations.
·
8. Resolution IV deals with the control of the Legislative Council over the Budget, and is merely declaratory.
9. Resolution deals with the requirement of residence for a candidate for election in an electoral area.
Although I observe that you have with some reluctance recommended the abolition of the residential qualification, I have not felt able at the present time to accept this resolution. There are obvious advantages in the present condition, which secures knowledge of and interest in the affairs of the constituency, and is thus some guarantee of adequate representation of all the interests in the com- munity. On the other hand, no adequate case has been made out for abolition, and I am not aware that any serious evils caused by the requirement of residence can be pointed out. My predecessor, after mature consideration of the matter, attached importance to the residential qualification, and I consider that for the present it should be retained.. The matter can be re-considered in the future if longer experi- ence shows that there are consequences of sufficient importance to require an alteration.
10. Resolution VI deals with certain disqualifications for election arising from dismissal from Government Service or from imprisonment.
I am prepared to accept this Resolution.
11. Resolution VII deals with the qualification of voters.
I am prepared to accept paragraphs A and B of the resolution, but as regards paragraph C (recommending the widening of the franchise by the reduction of the property and income qualifications) I do not consider that the time is yet ripe for an alteration. There was clearly considerable divergence of opinion on this proposal amongst the Unofficial Members. I do not propose at present to alter the existing franchise, but I am prepared to agree that the Legislative Council might be given power after, say, five years from the date of the instrument revising the existing constitution, to vary by Ordinance the conditions on which the franchise is granted. 12. Resolution VIII, as amended provides for the setting up of a Committee of the Legislative Council to consider a scheme for the allocation and distribution of seats.
I am prepared to approve this resolution subject to the views which I have expressed above as to the total numbers of the Council.
13. Resolution IX proposed that all persons, irrespective of race, resident in
any electorate and otherwise qualified, shall be entitled to vote in that electorate.
I am prepared to accept this resolution.
14. Resolution X proposes the appointment to the Executive Council of Ministers with portfolios chosen from Members of the Legislative Council elected
on a territorial basis.
I do not gather from the debate that any clear idea has been formed as to the functions of the proposed Ministers; but, in any event, I cannot at the present time entertain proposale of this nature. The Executive Council of Ceylon is not at present, and cannot be for many years to come, a Cabinet responsible to the Legis- lative Council. The Executive control rests in the Governor, and the Members of the Executive Council are his advisers and responsible to him. The appointment of Unofficial Members to the Executive Council provides a link with the Legislative Council, but it is impossible under present conditions to give those members any personal executive responsibility other than that which they have in their capacity of Members of the Council. It may be possible, by internal arrangements in the Executive Council, to give Members a personal insight into the working of individual Departments, but the time is not ripe for any formal alteration in the existing system.
15. Resolution XI proposes the abolition of the three nominated Unofficial Members provided for by sub-section 1 of section 5 of the Order in Council.
I fully agree with you that the existing provision conduces to the greater strength and efficiency of the Legislative Council, and I am not prepared to accept this resolution.
16. Resolution XII proposes the repeal of clause 51 of the Order in Council. I accept this resolution; and pending the repeal of the clause, you will, of course, continue to abstain from any exercise of the powers given by it. I have
PUBLIC RECORD OFFICE
Reference :-
C.O. 882/10
PUBLIC RECORD OFFICE, LONDON
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