331
PUBLIC RECORD OFFICE
Reference :-
ETERNIC.O.882/11
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
42
This Council considers inadvisable the proposal to create an administrative as well Carried as Legislative State Council working by standing Executive Committees. by To to 14.
The Council recommends that all duties and responsibilities proposed to be assigned to each Committee and Minister should be assigned to a minister elected by the Legislative Council. Carried by 21 to 9. An amendment substitutes (?substituting) for the words elected by the Legislative Council "the words " nominated by the whole Council for appointment by the Governor was rejected by 23 to 4.
That in the opinion of this Council Ceylon is fit for responsible self government of the Dominion type. Carried by 10 to 11.
This Council declares that the proposed addition to subjects in Royal Instructions in respect of which the Governor's assent may be refused to legislation, except in so far as may be necessary to render discrimination against communities or religions impossible, is unnecessary and retrograde and that the proposal should not be adopted. Carried by 21 to 4.
This Council is further of the opinion (a) that proposal that power to enact legislation should rest absolutely in the Governor himself and that no voting on a bill be required should not be adopted. (b) That provision for requiring prior consent of the Governor or Secretary of State for the Colonies for any class of legislation is objectionable in principle, calculated to subvert the authority of the Legislature and should not be adopted. (a) Carried by 21 to 3, (b) by 20 to 3.
That it is the opinion of this Council that the reserve powers of the Governor are too wide and are incongruous in scheme purporting to grant a measure of responsi- bility. Carried by 21 to 4.
That this Council is of the opinion that as regards Administrative and Executive functions the Governor shall occupy a position similar to what is obtaining in self- governing Dominions in respect of those departments placed in charge of ministers. Carried by 10 to 8.
time.
Debate on other points is proceeding and unlikely to be concluded for some
C. 53429/28 1 [No. 13].
No. 18.
THE SECRETARY OF STATE to THE GOVERNOR. (Sent 6.15 p.m., 29th October, 1928.)
TELEGRAM.
Your telegram of 19th October.* Legislative Council may be assured that I shall not take any steps to give effect to recommendations of Special Commission until Council have had full opportunity of placing their views before me.
You may at your discretion inform the Council that it will be recognised that the recommendations of the Commission were framed after full and anxious enquiry during which all interests were given an opportunity of being heard. In my opinion the recommendations must be regarded as a whole and while no doubt modifications in detail will be necessary when effect is being given to them I should not be willing to accept any amendments in principle which would destroy the balance of the scheme. If it appears that a substantial majority of the inhabitants of Ceylon would not willingly agree to trial of the scheme as a whole I might feel compelled to reopen consideration of the whole question of any constitutional changes. In that event it would certainly be necessary to proceed in due course to the election of a New Council under the Order in Council of 1923 to allow time for further con- sideration of the situation. If effect can be given to recommendations of Commission I should propose to take steps for short extension of term of existing Council if I fully concur in the con- necessary pending preparation of preliminary measures.
clusion of the Special Commission that the grant of complete responsible government is, under present conditions, quite impracticable and I can hold out no hope that failure to accept the scheme of the Commission will in any way tend to expedite the possibility of such grant.-AMERY.
• C. 53429/28/1 [No 10]: not printed.
C. 53429/28/1 [No. 14].
43
No. 19.
THE SECRETARY OF STATE to THE GOVERNOR.
(Sent 7.40 p.m., 29th October, 1928.) TELEGRAM
See my
YOUR telegram of 26th October,* debate in Legislative Council. previous telegram of today which was prepared prior to receipt of telegram under reply.
I do not propose to take any action in the matter until I have received full report of proceedings with your comments.-AMERY.
C. 53429/28/8 [No. 4].
SIR,
No. 20.
BOARD OF TRADE to COLONIAL OFFICE.
Mercantile Marine Department,
Board of Trade, 20, Great Smith Street,
Westminster, S.W.1, 1st November, 1928. WITH reference to your letter of the 23rd October,‡ forwarding a copy of a Letters received from the Chamber of Shipping of the United Kingdom in connection with the Report of the Special Commission on the Constitution of Ceylon, I am directed by the Board of Trade to state, for the information of Mr. Secretary Amery, that while they sympathise generally with the views expressed by the Chamber of Shipping, they doubt whether it is necessary to attempt to secure that the Con- stitution of Ceylon should be amended on the lines suggested by the Chamber of Shipping.
It will be observed that the Chamber of Shipping state that they feel that the existing clause in the Constitution under which any Bill of any extraordinary nature and importance whereby the shipping of the United Kingdom and its dependencies may be prejudiced, is not to be assented to, is sufficiently wide to protect British interests, though they would prefer this clause to be amended to cover all Bills relating to, or affecting overseas trade or shipping.
any
The Chamber are, however, apparently apprehensive that the position will be weakened if the Constitution is amended as suggested by the Special Commission on the Constitution of Ceylon, and if the Governor is not authorised to assent to Bill relating to, or affecting, trade outside the Island, or docks, harbours, shipping, &c." (See page 74 of Report). The Board are not aware of any reason why this should be the case, since new provision proposed by the Special Commission is not suggested in lieu of the old provision but as an additional safeguard.
The Board would be glad to learn, in due course, what decision is reached in the matter.
I have, &c..
C. 53429/28/1 [No. 15].
(No. 768.)
SIB.
No. 21.
G. E. BAKER.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 12th November, 1928.)
Queen's House, Colombo, 22nd October, 1928.
I HAVE the honour to confirm my telegram of the 19th October, 1928,|| a copy of which is enclosed, regarding a motion which was passed at a meeting of the Legis lative Council held on the 18th October, 1928, requesting that any action or official pronouncement on the report of the Special Commission on the Constitution may be postponed until the report of the proceedings of the Legislative Council on the proposed reforms had been received.
* No. 17. † No. 18. 1 No. 16.
No. 12.
- C. 53429/28/1 [No. 10]; not printed.
}