532
. PUBLIC RECORD OFFICE
Reference :--
TILLHC.O. 882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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relations between the Committees and the Departments under their charge will clearly depend very largely upon the good sense of the members of the Council, and in particular upon that of the Chairmen of Committees. To attempt by hard-and-fast rules to limit the power of the Committees to interfere in matters of administrative detail would, I conceive, be contrary to the spirit of the Constitution, and would assuredly arouse feelings of resentment which would militate against its successful working. The Unofficial Members of the Legislative Council, having no executive powers or experience, have from time to time discovered defects, real or fancied, in the administration of Government departments. That the new Councillors, possessed for the first time of executive power, may, in the first flush of their enthusiasm to remove such defects, be led into attempting an interference in matters of detail which more mature experience might teach them to be unwise and subversive of the proper authority of heads of departments is possible. The exercise of a wise guidance in this regard will be one of the most important and most difficult of the duties of the Officers of State, and in particular of the Chief Secretary. But, while the limits of the powers of the Executive Committees should be defined in the Order in Council, any attempt to regulate the exercise of those powers by the leading strings of definite instructions not susceptible of amendment by the State Council, would, I consider, be undesirable. Mistakes may occur, but we must look to experience to prevent their
recurrence.
While therefore it is important that the Executive Committees should receive some initial guidance as to the general manner in which their duties should be performed, I consider that it would be both impracticable and impolitic to attempt to produce a series of rigid instructions. I propose, therefore, to frame a Statement of Adminis- trative Procedure for Executive Committees, based upon and supplementary to the relative provisions of the Order in Council. This statement would be issued in the first instance by the Governor, but would be liable to revision by the State Council if such revision appeared desirable, though such revision would not, of course, receive the approval of the Governor if it infringed either the spirit or the letter of the Order in Council. In framing this Statement I may probably find it desirable to consult some of the Unofficial Members of the Legislative Council, and I shall, in any case, avail myself of the advice of the Executive Council.
The Statement would therefore be similar in nature to the Standing Orders in that it would ultimately depend upon the authority of the State Council, but would of necessity be framed in the first instance by another authority, in order that the Council and its Committees may have something to guide them when they first enter upon their duties.
8. A series of questions recently asked in the Legislative Council has revealed a certain anxiety as to the intentions of Government in regard to the "General Orders " referred to by the Special Commissioners. A suspicion appears to exist that the Government intends, by means of the issue of General Orders, to hedge about the powers of the Executive Committees by restrictions not in accordance with the spirit of the new Constitution. Such suspicions are of course entirely without foundation, but I should like to take an early opportunity of allaying them. I propose, therefore, should the contents of this despatch meet with your Lordship's approval, to publish it for general information, and I should be grateful if your approval could be com- municated to me by telegraph.
C. 73230/2/30 [No. 10].
No. 72.
I have. &c.,
H. J. STANLEY,
Governor.
THE SECRETARY OF STATE to THE GOVERNOR. (Sent 7 p.m., 28th April, 1930.)
TELEGRAM.
Constitution relations No. 19. Your despatch No. 261 of the 31st March.* between Executive Committees and State Council should I think be defined in general terms in the Order in Council and in the Standing Rules and Orders made thereunder. General provision to this end was made in Clauses 96 to 101 and 124 of the draft
* No.. 71.
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Order in Council. Clause 124 empowers the Council to supplement and amend the You will no doubt Rules and Orders as experience may show to be necessary. consider how far the draft requires expansion or amendment. Relations between Executive Committees and Departments should be governed by instructions to be issued by the Governor. I agree that it is impossible in the first instance to attempt General Orders"" to produce a series of rigid instructions. The use of the term
by the Special Commission did not imply a code comparable to the existing General Orders and I agree that to avoid misapprehension another title should be chosen. I agree to your proposal to frame a Statement of Administrative Procedure. Clause 104 of the draft Order in Council gives the necessary power to the Governor to prescribe rules and the redrafted Order in Council should contain some similar provision giving the necessary authority to the proposed Statement. I agree to publication of your despatch.-PASSFIELD.
FRANCHISE UNDER THE NEW CONSTITUTION. (1) Delimitation of the Electoral Districts.
C. 63230/12/29 [No. 2].
No. 73.
THE SECRETARY OF STATE to THE GOVERNOR. (Sent 9.30 p.m., 31st December, 1929.) TELEGRAM.
CONFIDENTIAL.
Your telegram of 28th December.* I approve of proposed appointment of Commission, and limitation of electoral districts, but I am opposed to any instruction to Commission which would tend to perpetuate agitation for preferential treatment of minorities in regard to representation. Vital interests of minorities will be adequately safeguarded by reserve powers, see paragraph 14 of my despatch of 10th October,† and no real additional protection will be given by arbitrary interference with natural boundaries of constituencies.-PASSFIELD.
C. 73230/30 [No. 45B].
No. 74.
NOTE BY THE ATTORNEY-GENERAL ON THE DRAFT ORDER IN COUNCIL PROVIDING FOR DELIMITATION OF ELECTORAL DISTRICTS AND FOR THE RegistratioN OF VOTERS.
This draft has been prepared in accordance with the approval of the Secretary
of State in order that the steps required for the purposes mentioned above may not be delayed while consideration is being given to the form of an Order in Council, Royal Instructions, and Letters Patent dealing with the structure and operation of the new Constitution.
2. The draft is strictly limited to these objects, except in one minor particular to which attention will be drawn, and it is proposed that it shall be repealed by the further Order in Council which will be required. It makes provision for those steps which must be taken in the immediate future to enable an election to be held early in 1931, and carries proceedings down to the certification of the register of voters and no further. The draft accordingly deals with the subject matter of Article 8 and Articles 20 to 34 of the draft Order in Council forwarded to this Government by the Secretary of State in so far as those draft Articles provide for the first delimitation of electoral districts and the first registration of voters.
3. The following observations relate to the detailed provisions of the accom- panying draft:-
(1) The recitals have been limited to what is necessary for the purpose in view and the third recital has been varied with the intention of indicating more broadly the change from which the appointment of Ministers will result.
* No. 70 in Eastern No. 149.
+ Cmd. 3419.