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PUBLIC RECORD OFFICE
Reference :-
C.O.882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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2. I enclose, for your information, copies of the resolutions relating to the Report of the Special Commission, which are at present being discussed in the Legislative Council.
Enclosure in No. 21
I have, &c.,
H. J. STANLEY,
Governor.
I. RELATIONS BETWEEN UNOFFICIAL MEMBERS AND THE PUBLIC SERVICE.
To continue the debate on the motion of the Hon. Mr. E. R. Tambimuttu-
This Council protests against the action of the Commissioners in recording a finding that Government Officials were subjected to attack, ill-informed criticism, and obstruc- tion and have been left bewildered and disheartened, and that not even a feeling of security in their own position is now vouchsafed to them without giving an opportunity to Members of this Council to controvert or explain the particular facts and incidents upon which that finding was based, and they repudiate that finding as really groundless. (Carried 29 to 1.)
II.-GOVERNMENT BY COMMITTEE, ELECTION OF MINISTERS, AND DIVORCE of ADMINISTRATIVE FROM LEGISLATIVE FUNCTIONS.
The Hon. Mr. E. W. Perera to move-
This Council is of opinion that Government by Committees of the Legislative Council is not suited to local conditions and is unacceptable to the people, and recom- mends that all the duties and responsibilities proposed to be assigned to each Committee and Minister should be assigned to a Minister elected by the Legislative Council.
(Carried (with verbal amendments) by 23 to 8.)
The Hon. M. A. H. Wille to move-
That this Council considers inadvisable the proposal to create an administrative as well as Legislative State Council [and to divide the whole Council (exclusive of officers of State) into] [working by] Standing Executive Committees.
(Carried by 15 to 14.)
That in the opinion of this Council Ministers should be nominated by the whole Council for appointment by the Governor.
(Carried (after amendment) by 21 to 9.)
The Hon. Mr. W. Duraiswamy to move-
That in the opinion of this Council Ceylon is fit for responsible self-government of the Dominion type, [but in view of the Report of the Special Commission this Council agrees to accept its recommendations concerning executive functions subject to the following modification :--
The State Council should function only as a Legislature, and administrative and executive functions should be exercised by Ministers elected by the State Council and responsible to the same.
e.]
(Carried (first part) by 16 to 11.)
The Hon. Mr. T. B. Jayah to move-
That in the opinion of this Council the Departments entrusted to Executive Com- mittees in the Donoughmore Report should be in charge of Ministers elected by the Reformed Council and the Ministers so elected should be responsible for the proper working of the Departments in their charge, the control and discipline of the officers of such Departments being also vested in them.
(Carried (amended) by 21 to 9.)
III. GOVERNOR'S POWERS.
The Hon. Mr. E. W. Perera to move-
This Council declares that the proposed addition to the subjects in the 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.
That provision for requiring the prior consent of the Governor or the Secretary of State for any class of legislation is objectionable in principle calculated to subvert the authority of the legislature and should not be adopted.
(Carried (after amendment of second part) by 21 to 4.)
The Hon. Mr. T. B. Jayah to move-
That it is the opinion of this Council that the reserve powers of the Governor are too wide and are incongruous in a scheme purporting to grant a measure of responsibility. That a resolution passed by the Reformed Council should be binding on the Executive Government unless vetoed by the Governor; provided, however, that if the resolution is again passed by the Council after an interval of not less than one year it must be given effect to.
(Carried by 21 to 4.)
The Hon. Mr. W. Duraiswamy to move-
That in the opinion of this Council Ceylon is fit for responsible self-government of the Dominion type, but in view of the report of the Special Commission this Council agrees to accept its recommendations concerning executive functions subject to the following modification :---
As regards administrative and executive functions, the Governor shall occupy a position similar to what is obtaining in the self-governing Dominions in respect to those departments placed in charge of Ministers.
(Carried by 10 to 8.)
IV. FRANCHISE.
The Hon. Mr. H. R. Freeman to move-
The House is of opinion that the age for exercising the franchise should be 21 for all.
The Hon. Mr. A. F. Molamure to move-
This Council accepts the recommendation of the Donoughmore Commission as regards the extension of the franchise subject to the following amendments :-
(a) That in the case of females the age for qualification as a voter should be 21 and not 30,
(b) That in the case of non-Ceylonese British subjects a literacy qualification should be added to the proposed five years' residential qualification;
or in the alternative the qualification should be that the applicant to be registered as a voter should-
(1) have resided in the Island for a period of one year,
(2) be possessed of immovable property of the value of Rs. 500,
(3) or be in the receipt of an income of Rs. 50 per month,
(4) and be able to read and write one of the languages of the Island, e.g., English,
Sinhalese, or Tamil.
The Hon. Mr. G. A. H. Wille to move-
That at present and in the absence of any system rendering politics at all intelligible to the masses, the franchise be not extended further than by the lowering of the existing income qualification and the inclusion of females on similar terms to those for males. The Hon. Mr. T. B. Jayah to move-
That in the opinion of this Council non-Ceylonese British subjects should be placed on a footing of equality with the Ceylonese in respect of status and rights of citizenship. The Hon. Mr. V. S. de S. Wikramanayake to move
This Council urges the necessity for registration of voters being undertaken by Government and that registration be not restricted to those who apply for it only, as recommended in the Report of the Special Commission on the Constitution.
(Carried 21 to 5.)
The Hon. Mr. M. M. Subramaniam to move-
That in the rearrangement and redistribution of the territorial electoral areas every revenue district, though not possessing a population of 50,000, should form a unit for the election of a member.
(Carried 16 to 9.)