362
PUBLIC RECORD OFFICE
Reference :-
TPEUTIC.O.882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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cessions tending to an increase of control of administration by Elected Members. The Secretary of State at the same time pointed out that all other important Colonies granted similar passage concessions, and that their withdrawal would involve the in- ability of the Ceylon Government to obtain the services of the ablest and most *experienced non-Ceylonese officers.
The Governor trusts that the Unofficial Members will not force him to take action which would be not less distasteful to him than to them. He trusts also that the Council will not reject the proposal to restore forthwith to the Estimates the relatively small provision in respect of other items which the Government regards as immediately essential.
He would, however, be misleading the Council if he failed to make it clear that even the restoration of the provision under Head 66 and in respect of the other items referred to above would not suffice to render the Estimates, as otherwise amended by the Select Committee, such as he could advise the Council to adopt. If they were adopted, he would have to consider very anxiously whether he could reconcile it with his sense of duty and responsibility to assent to an Ordinance embodying Estimates which he deemed to be inadequate for the requirements of good administration and likey to cause a serious and unnecessary amount of unemployment. If nevertheless he were to issent, he would wish it to be understood that his assent had been given with great reluctance and only because he could see no prospect of persuading the Unofficial Members to agree to the provision of the funds requisite for financing an expenditure less inconsonant with the needs of the country.
The Governor observes from the contents of the Riders appended to the Select Committee's Report that several of the Unofficial Members impugn the wisdom of the Committee's collective decisions on various points. In these circumstances he feels that it may even now not be useless for him to appeal to the Unofficial Members to pause before they resolve irrevocably to commit themselves to a course of action strongly deprecated by the Government, apprehended with grave anxiety by large numbers of the population, and involving an appreciable risk of prejudice to the prospects of an early advance in constitutional reform.
The suggestion which the Governor makes to them is that the Estimates should be recommitted to the Select Comunittee for further consideration of the reductions recommended in the Report which is now to come before the Council. If this were done, and if the Unofficial Members were prepared to approach the common task with an open mind, they would encounter no lack of response and co-operation on the part of their official colleagues, and the Governor feels confident that an accommoda- tion reasonably acceptable to both parties and reasonably consonant with the interests In the meanwhile, of the country would not prove unduly difficult of achievement. the immediate financial requirements of the Government could be provided by a Vote on Account for one or two months.
The Governor would suggest further that the Committee might be instructed to make a definite recommendation to the Council as to the action to be taken upon the Report of the Salaries Committee in respect of public servants not graded in the Civil List. The present position of uncertainty is embarrassing both to the Govern- ment and to the Council, and is hardly fair to the public servants affected. It will be remembered that last year, under some pressure from Unofficial Members, an undertaking was given on behalf of the Government that, if the recommendations of the Report (which then had not yet been presented) were accepted by the Govern- ment and approved by the Secretary of State, and if the Legislative Council provided the funds, the Government would give effect to the recoinmendations as from the 1st October, 1928. If, in view of the financial situation or for other reasons, Honour- able Members are not prepared to enable the Government to take this action, it would seem right that the public servants concerned should no longer be exposed to the temptation of anticipating the benefits which they expected to accrue to them. If the action is to be taken, the Budget cannot well be settled without reference to so large an item of expenditure. The whole incident illustrates the great unwisdom of using the voting power of an unofficial majority to extract, in the course of debate, from officers representing the Government pledges in regard to future policy upon matters not actually before the Council. The Governor is now issuing instructions that hence- forth such pledges are not to be given without his personal authority. This will ensure at any rate that they are adequately considered and adequately recorded. In this particular instance the Government is very willing to honour its pledge if the Council will provide the necessary funds.
As regards the balancing of the Budget, it will now be recognized as indisputable that, without some borrowing and some increase of taxation, financial equilibrium cannot be attained. It is necessary, of course, to take account of the future, and not
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to budget in such a way as to leave the country with a debit balance and greatly impaired credit at the end of the next financial year. The Government sees no alterna- tive but to ask the 'Council for borrowing powers. The necessary Ordinance in that behalf will be framed and introduced as soon as the immediate and prospective loan requirements can be gauged after the consideration of the present Estimates has been completed. The proposals of the Government for the adjustment of taxation must depend, partly upon the ascertainment of the prospective yield of the income tax scheme which is now under investigation, and partly on the determination of the amount of the normal annual rate of expenditure for which provision will have to be made.
H. J. STANLEY,
Queen's House,
Colombo, 15th September, 1929.
C. 63230/29/12 [No. 1].
No. 70.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 7.50 p.m., 28th December, 1929.)
TELEGRAM.
Governor.
CONFIDENTIAL. 28th December. Constitution. Delimitation of electoral areas. Subject to your concurrence I propose to appoint a Commission consisting of Lyall Grant, Judge of Supreme Court, and two Civil Servants, viz., Wait, who is at present acting as Inspecting Officer of Police Magistrates' Courts, and Turner, Director of Statistics, and to attach officer of Survey Department to the staff of the Commission. Assuming the present population to be approximately 5,500,000 of which one- fiftieth would be 110,000, I propose to provide in the terms of reference that each electoral division should contain total population of between approximately 100,000 and 125,000, and that in exceptional circumstances where strict adherence to the above minimum would result in constituencies of too large area or inconvenient form, boundary might be defined to include smaller number but in no case less than 75,000. Attorney-General has suggested for consideration addition of the following clause :- Begins: While the boundary of the electoral district should generally, when above-mentioned conditions permit, coincide with those of revenue districts or of chief headmen's divisions or of areas under jurisdiction of local authorities, consideration should be given to the possibility of so determining boundaries as to afford opportunity for election of representatives of the minority community. -Ends.
I agree with the first part down to the word "authorities" but I feel very dubious as to the insertion of any reference to any communal representation. Before submitting any draft terms of reference to the Executive Council, I am anxious to know what is in your mind as to this. Relevant intentions of Donoughmore Report* on pages 101 and 102 not quite clearly expressed. If proposed Commission is to take racial or linguistic affinities into consideration, definite instruction in that behalf should be included in the terms of reference as a matter too important to be left to the Commis- sion without some authoritative guidance. Enlargement of constituencies owing to decrease in number of elected members from 65 to 50 would of course reduce the chances of forming electoral areas so as to secure in any one a numerical preponderance of any minority community other than Tamil. I doubt, therefore, whether such instruction to the Commission as suggested above would have any but sentimental effect. Sinhalese would probably dislike it but it might please community whose potential representation by nomination has also been diminished by reduction in the number of nominated members. I do not underrate the importance of sentiment, but on the whole my personal inclination is adverse to any tampering with principles on purely territorial basis of elected representation. If nevertheless you consider that the Commission should be instructed on the lines suggested by the Attorney-General, I should strongly deprecate specific mention of minority community and should prefer some such phrase as :—
Begins So determining boundaries as to secure some measure of racial or linguistic homogeneity within the electoral districts.”—Ends. Grateful for earliest possible reply by telegraph.
* Cunt. 3131.