2
Colony by leaving the reservation of Bills to be dealt with entirely in the Royal Instructions. That it was submitted that reservation would now be sufficient, and that laying before Parliament might in all cases be dispensed with. That it seemed prob- able that this safeguard was thought necessary chiefly in the case of a Colony changing its constitution, but that in view of the fact that all the Colonies concerned have passed Constitution Acts under Section 32 of 13 and 14 Vict., c. 59, and in view also of Section 5 of the Colonial Laws Validity Act, 1865, the present necessity for such a safeguard seemed to have disappeared."
That the reply of the Government of Victoria would be communicated to us as soon as it was received, but that pending its arrival and subject to any suggestions it might contain, he was to request us to take the papers into our consideration and to report:
(1) Whether the proposed legislation should proceed on the lines of the New South Wales and Queensland Bill or be of a general character, applying to all six States?
(2) In the case of general legislation, whether the Bill should merely be explanatory of the present law, or should repeal all the existing statutory provisions and leave the matter to be dealt with Royal Instructions?
That, should we share your preference for the latter alternative, he was to request us to be good enough to enumerate which sections of the various Acts should be repealed and to indicate in general terms an outline of the provisions which should be embodied in the Royal Instructions?
We were further honoured with your commands, signified by Mr. Lucas in his letter of the 7th instant, stating that with reference to the letter from your Department of the 25th February last he was directed by, you to transmit to us a despatch which had been received from the Officer Administering the Government of the State of Victoria enclosing a report by the Attorney-General of that State on the subject of the reservation for the signification of His Majesty's pleasure of Bills passed by the Legislatures of the Australian States, and that he was to ask that we would consider this report in connection with our reply to the letter referred to above.
We have taken the matter into our consideration, and, in obedience to your commands, have the honour to
Report-
That (1) the proposed legislation should, in our opinion, be of a general character, applying to all six States, if their agreement to the terms of the measure can be obtained.
(2) We think that the legislation should not be merely explanatory of the present law, but that all the existing statutory provisions should be repealed.
We think, for the reasons given in our report of 6th August, 1903, that the pro- posed measure should define the cases in which reservation should be made. If the matter were left to be dealt with by Instructions only, there might be some difficulty in retaining the statutory restriction in Article 74 of the Constitution of the Common- wealth of Australia (63 and 64 Vict., c. 12).
We think that all the existing provisions as to reservation and laying before Parliament which are contained in any of the Acts as to the Australian Colonies should be repealed.
We think that reservation should be required in the case of Bills affecting the Legislative Council, if it be determined as a matter of policy that this restriction should not be applied to measures affecting the Assembly only. Measures affecting the salary of the Governor are also suitable for reservation, and probably some others may be added to the list.
We would suggest that a Bill should be prepared by the Parliamentary Draughts- man and submitted to the several Colonies for their observations before it is introduced.
14862
No. 223.
(WEST AFRICA: NEWFOUNDLAND: GENERAL.)
LAW OFFICERS to COLONIAL OFFICE.
[Draft Bill to approve the Anglo-French Convention respecting Newfoundland and W'est Africa.]
Royal Courts of Justice, SIR,
April 26, 1904. We were honoured with your commands, signified in Mr. H. Bertram Cox's letter of the 23rd instant, stating that he was directed by you to transmit to us, for our observations, the accompanying copy of a draft Bill which had been prepared by the Parliamentary Counsel for the purpose of giving the approval of Parliament to the Convention arrived at between Great Britain and France in regard to Newfound- land and West Africa.
That in forwarding the draft Mr. Liddell stated that he had endeavoured to put the Bill in a shape which would, as far as possible, avoid raising the constitutional question of the confirmation of a Treaty by Act of Parliament, though it was clear that, so far as the present Convention involved the payment of an indemnity out of Imperial funds, such a confirmation was necessary.
That a similar letter had been addressed to the Foreign Office.
We have taken the matter into our consideration, and, in obedience to your commands, have the honour to
Report-
That we have no observations to make upon this Bill, beyond the suggestion shown in red ink on the draft herewith initialled by us.
The Bill seems to us proper for the purpose.
The Right Honourable
Alfred Lyttelton, M.P.,
&c., &c.. &c.
[4 Edw. VII.]
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
ANGLO-FRENCH CONVENTION.
Draft of a Bill to approve a Convention between His Majesty and the President of the French Republic.
Whereas His Majesty the King and the President of the French Republic have, subject to the approval of their respective Parliaments, concluded the Convention set out in the schedule to this Act, and it is expedient to give such approval:
Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
1.-(1) The approval of Parliament is hereby given to the Convention set out Approval
in the schedule to this Act, and it shall be lawful for His Majesty the King to do of Con- everything which appears to His Majesty necessary or proper for carrying into effect vention. that Convention.
(2) Any sums payable by way of indemnity and any share of the expenses of the arbitral tribunal under the said Convention and any expenses to be incurred in carrying it into effect shall be defrayed out of moneys provided by Parliament.
The Right Honourable
Alfred Lyttelton, M.P.,
&c., &c., &c.
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2. This Act may be cited as the Anglo-French Convention Act, 1904.
Short title.
R. B. F. E. C.
23
Wt 416 504 D&S 6 18000