21
416
20
Reform of the Legislative Council. But, as I have pointed out in my Confidential despatch of 19th July,* if you agree to the opinions I have expressed, it is unlikely that. for the reasons which I have given, there will be more than one Unofficial Member of the Executive Council who will also be a Member of the Legislative Council, and the very fact of this member being a Nominated Unofficial Member of the Legislative Council, would detract from his usefulness as a protagonist of Government measures.
I have held that there are certain functions of the Executive Council which are so divorced from matters which pertain to the normal business of the Legislative Council that their discussion, and the decisions come to thereon, have little or no interest to the Legislative Council. They are, however,
The
of much importance from a purely administrative point of view, and require the most careful consideration, while politically they seldom have such importance, and in this connexion, I refer particularly to murder cases, appeals from decisions of Gansabhawa Courts, acquisition of lands, petitions from convicts, inquiries under the Colonial Regulations into charges made against Government officers, matters of an Imperial nature which affect the Colony in very many cases, matters in connexion with Defence which are of a particularly confidential nature. list of these matters does not fully comprise all those which I consider should remain as the special functions of the Executive Council, but they give some idea as to what the subjects may be; and I myself think that the feeling of the Legislative Council is that such matters should be left to the Executive Council. for some time of opinion that it is desirable to divide the functions of the Executive I have been Council into two parts, reserving such matters as I have already mentioned as their particular functions and delegating others to another body, to be called, possibly, The Executive Committee.' I do not think there would be any objection to a proposal to pay the Members of the Executive Committee in some form or other for their services. This Executive Committee should have upon it Elected Members of the Legislative Council, together with Official and the nominated Unofficial Members of the Executive Council, and should elect its own Chairman, and they might deal with:-
1. The framing of the Budget.
2. Proposals for new legislation and amendments to existing legislation.
3. Proclamations in regard to the requirements of executive action in a
variety of subjects.
4. Rules and Regulations made under Ordinances.
5. Rules and Regulations made by local bodies under the Ordinances
governing such bodies;
together with a number of other matters which require the sanction of the Executive Council as a formål matter but as part of legal requirements.
Such matters as these would come normally before the Executive Council for discussion, but would be referred to the Executive Committee for their advice in the first instance. It would be possible, in these circumstances, to entrust Elected Members of the Legislative Council, being Members of the Executive Committee, with the duty of introducing Government measures into the Legislative Council, and of obtaining their support to such measures and using them as missionaries amongst their elected brethren for the purpose likewise of obtaining their support. It would further be possible to appoint Sub-Committees of this Executive Committee to deal particularly with matters arising in connexion with certain Departments of Government, such as Education, Agriculture, Medical and Local Government, which may be referred to it for advice. I had already outlined the definition of the duties of the proposed "Council of Government for Ceylon" which I had proposed to deal with in the Executive Council before submitting it to you; but after discussion with the Attorney-General, particularly in regard to the proposals which I set out as to the relationships between such Elected Members of the Legislative Council who might be appointed to the Council of Government, and whom I had suggested should be "answerable for " such Departments, and the Heads of those Departments, I decided, in view of the difficulties which would undoubtedly arise, that I would not proceed further with the proposal. I, however, enclose a copy of the document, but I desire to state that I am of opinion that it would be very inadvisable, until further experience is gained of the working of the new Constitution, to make any provision which would approach the suggestion of an Elected Member of the Legislative Council being in the position of a Minister in charge of a Department. As I state in this Memorandum, it is my opinion that this "Council of Government,"
* No. 24.
or, as perhaps would be a better term, "Executive Committee," would, in course of time, develop into a very valuable and important body, and one which would be regarded as occupying a very high status in the scheme of Government. Though
I have discussed such a proposal very informally in the Executive Council, no concrete proposal has been placed before the Executive Council, and I should not propose to do this until I had your general approval of the principle. It is true that there is always a probability that there might be a combination of all parties which would bring Government, with the consent of the Council, to a deadlock, unless the reserved powers of the Governor were used in such cases, and as this power would thus necessarily have to be invoked in a large number of cases, a very undesirable condition of affairs would rapidly arise.
I trust that you will observe that I am in agreement with some method of bringing the Elected Members of Council into closer contact with Government, and in the enclosure to this despatch I have set out more fully my ideas in this connexion; but I am of the strongest possible opinion that for the present, and under the conditions which will arise in the Council under the reforms now to be inaugurated, it is most undesirable to institute in any form anything which might correspond with a Minister with a portfolio in charge of a Departament; this proposal so clearly appertains to the form of responsible government which the present Constitution does not contemplate.
I have, &c.,
Enclosure 1 in No. 25,
W. H. MANNING,
FUNCTIONS OF EXECUTIVE COUNCIL.
Governor, &c.
A. General instructions as regards the business to be transacted by Executive
Council are to be found in—
Royal Instructions. VIII-XI. Colonial Regulations. 24.
B. Special functions, other than those conferred by local statute—
(i)
(ii)
Advice as regards pardon or reprieve of offenders sentenced to death (Royal Instructions XXI).
Under the Pension Minute-
(a)
(b)
(c)
(d)
(e)
เก
(g)
S
Grant of retiring allowance to an officer retired for inefficiency, Section 15.
Retention in service of officers over 60 years of age, Section 17. Pension ceases on conviction for serious offences unless, the Governor in Executive Council otherwise directs, Section 19. Award of gratuities, etc., where service has not been con- tinuous, Section 29.
Enhanced pensions on account of injuries, Section 30.
Restoration of pension on re-widowhood, Section 31.
Grant of gratuities in cases not specifically provided for under the Pension Minute, Section 44.
(ii) Under the Ceylon (Legislative Council) Order in Council, 1920, certain
functions under Sections 2, 5, 15, 17, 19, 35, 63, 64, 65.
The most important of these are—
Decision as to the time when election is to be substituted for nomination in the case of Mohammedan, Kandyan and Indian Members.
Appointment of date and place for elections.
(a)
(b)
(c)
(d)
Decision of election petitions, and framing of rules governing procedure in respect of such petitions.
(e)
Power to amend the Rules in Schedules I and II of the Order in Council.
Final decision as to the interpretation of the Order in Council.
(iv) Dismissal or other punishment of officers in receipt of salaries over £200 per annum, vide Colonial Regulation 55, etc., and Royal Instruo tions XX.
PUBLIC RECORD OFFICE
1ག ། །། །
C.O.
Reference :-
882710
PUBLIC RECORD OFFICE, LONDON
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