21491.
PUBLIC RECORD OFFICE
Te Te Ti
Reference:
C.O.885
14 PUBLIC RECORD OFFICE, LONDON
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189.
SIR,
No. 190.
(CYPRUS.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, September 22, 1898.
We were honoured with your commands signified in Mr. H. Bertram Cox's letter of the 2nd instant, stating that he was directed by you to forward us a despatch (and enclosures), dated July 7th, from the High Commissioner of Cyprus, with reference to a Bill to facilitate the acquisition of land and other immoveable property required for public purposes, which he had reserved for the signification of Her Majesty's pleasure.
That the subject matter of the Bill was not in question, but that you would be glad to have our opinion upon a point of Parliamentary procedure which had arisen in
connection with it.
That after the Bill had passed the Legislative Council, and been sent to the High Commissioner for assent, it was discovered that the necessary alterations in one of its clauses consequent on an amendment inserted in Committee had not been made. That the High Commissioner, who was unwilling to assent to the Bill in its imperfect condition, decided to send it back formally to the Legislative Council for the alterations to be made. That that was done, and the Bill was then returned, as amended, to the High Commissioner, who, as previously stated, had reserved it.
That the opinion of the Queen's Advocate was to the effect that the re-committal of the Bill on the initiative of the High Commissioner involved an irregularity, on the ground that having passed the Council it had ipso facto become "a law passed by the High Commissioner with the advice and consent of the Legislative Council," and was no longer subject to amendment by that body; and that any subsequent action by the High Commissioner was limited to the adoption of one of the three courses specified in Article IV. of the Order in Council of 30 November, 1882, viz :-
1. To assent to the Law.
2. To refusé assent thereto, or
3. To reserve it for the signification of Her Majesty's pleasure.
That by the standing orders of the Cyprus Legislative Council (which was the
only Legislative body in the Island) a Bill was only required to be read once, instead of three times, as in the Imperial Parliament.
That it then went at once into Committee, and that after passing that stage
""
it was not further read, but that the question was put "that the Bill do now pass.
That it would appear from Erskine May's Parliamentary Practice (10th Edition pages 468, et seq.) that a Bill might be recommitted by the House before it had been read a third time, but not afterwards.
That besides the difference between the practice of the Imperial Parliament and the Cyprus Legislative Council already mentioned, it was to be remembered that the High Commissioner, who represented the Crown in Cyprus, was himself a member of the Legislative Council of the Island; and that it was suggested that in that capacity he might advise the Council to recommit a Bill at any time before he had formally assented to it, without materially infringing the principles of Parliamentary procedure. That the convenience of such a course, especially in a case like the present, was obvious, if the alleged irregularity could be condoned.
That Mr. Bertram Cox was to request us to take the papers into our consideration, and to favour you with our opinion upon the following questions :—
1. Whether it was competent for the High Commissioner in his capacity (a) as Her Majesty's representative, (4) as a member of the Legislative Council of Cyprus, to advise the recommittal of a.Bill which had passed the Council and been sent to him for assent ?
2. Whether the present Bill, in regard to which this procedure had been followed, could now properly be submitted for the signification of Her Majesty's pleasure, or whether the High Commissioner should be instructed to refuse assent to it, and to cause a fresh Bill to be laid before the Council next Session ?
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