561
PUBLIC RECORD OFFICE
Reference :-
EPER C.O. 882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO
184
sum voted prove insufficient to provide all passages falling due on that scale during the year, I have your Lordship's permission to use, if need be, my reserve powers in order to obtain the requisite supplementary provision. But it is very probable that the attacks will be renewed on the next budget and that the dis- position which the present Council has evinced to reduce the cost of administra- tion by curtailing the emoluments and privileges of the higher paid public ser- vants, and of Europeans in particular, will be evinced as strongly, perhaps even more strongly, by the State Council. I consider it in the highest degree un- desirable that the State Council should frequently pass, and the Secretary of That the State as frequently reject, measures designed to achieve this end. Secretary of State should be compelled to exercise annually, or even more often, powers which are designed for exceptional use only, is a position which must, I submit, be avoided if possible. I have, therefore, inserted a provision making the prior sanction of the Governor necessary before any Bill, motion, resolution, or votean be introduced which would alter the existing emoluments, pension rights, prospects or conditions of service of officers now in Government Service. This provision will not take away the right, which the present Council possesses, of freely discussing proposals of this nature, as it will still be open to any member to move a resolution calling for an expression of the opinion of the Council. or recommending that the Governor's permission be sought to introduce a measure of the nature indicated. It will. however, prevent the continual in- troduction and passage of immature and ill-considered proposals for curtailing expenditure by the simple and popular method of reducing the emoluments of public servants. The form of the safeguard now proposed may give rise to criticism, but I believe that it will, in the long run. lead to less friction with the State Council than the safeguard proposed by the Special Commission and Your Lordship will embodied in previous drafts of the Order in Council. observe that while I have made the Governor's approval necessary for the intro- duction of any measures designed to affect the emoluments, etc., of officers now in the public service, I have retained the provision by which the sanction of the Secretary of State will be necessary before any measures affecting such emolu- ments, &c., detrimentally come into force, and that this latter provision will apply not only to officers now in the service, but, in the case of appointments requiring the approval of the Secretary of State. to future entrants also.
referred to in the 6. The Statement of administrative procedure seventh paragraph of my despatch No. 261 of 31st March, 1930,* and in para- graph 10 of Mr. Bourdillon's despatch of 30th July, 1930,† has not yet been Manual of Procedure," which will completed. I propose to embody it in a also contain a Statement of Administrative Procedure for Officers of State. These two statements will be drawn up on similar lines in order to make it clear that Heads of Departments placed under Executive Committees are not being given exceptional powers, but will, mutatis mutandis, be in the same position vis-à-vis their Ministers and Committees as Heads of Departments placed under Officers of State will be vis-à-vis those Officers. The Manual will also contain rules of procedure for the Public Services Commission, together with rules re- - garding appointments, promotions, transfers, and disciplinary procedure, which will follow as closely as possible existing Colonial Regulations, will prescribe in regard to appointments and promotions the procedure suggested in the 19th paragraph of Mr. Bourdillon's despatch of 30th July, and, in regard to disci- plinary procedure, will preserve to public servants their existing rights, subject to the modifications necessitated by the disappearance of the Executive Council. A draft of this Manual will be forwarded to Your Lordship as soon as possible. In the meantime I have satisfied myself, by the study of a rough preliminary draft of the Manual, that the Order in Council contains all the provisions neces- sary to enable the Governor to prescribe, and give effect to, the rules which will be set forth in the Manual. A draft of revised Financial Orders is also being prepared and will be forwarded to Your Lordship as soon as possible.
+4
21
7. In conclusion I venture to invite your Lordship's special attention to the 4th paragrah of this despatch and to express the hope that any further corre- spondence about the Orders in Courcil. the Roval Instructions, and Letters Patent may he conducted by telegraph, and that these documents may be,promul- gated at as early a date as may be com^atible with the comprehensive examina- tion of the enclosed drafts which Your Lordship will doubtless consider neces-
sarv
* C. 73230/8/30 [No. 6]; not printed.
+ No. 131.
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8. Since this despatch was drafted it has been brought to my notice that the Maldive Islands have not been excluded from the operation of the draft (State Council Elections) Order in Council. The omission is of no great impor- tance, But, for the sake of uniformity, I think that it should be rectified. I suggest. therefore, that Clause 2 of the (State Council) Order in Council should be repeated as sub-Clause (2) of Clause 1 of the (State Council Elections) Order in Council. The existing Clause 1 of that Order in Council should be renumbered as Clause 1 (1).
I have, &c.,
C. 83230/31 [No. 8].
No. 137.
H. J. STANLEY,
Governor.
THE SECRETARY OF STATE to THE GOVERNOR.
(Sent 12.45 p.m., 17th February, 1931.) TELEGRAM.
No. 36. CONFIDENTIAL. Your telegram of 5th February No. 25.* I approve
of your proposals regarding allocation of subjects and functions to Executive Com-
mittees.
I have no objection to publication at your discretion.-PASSFIELD.
C. 83230/31 [No. 7].
DEAR SIR,
No. 138.
MR. H. R. COWELL. (COLONIAL Office)
to
MR. B. FELL (HOUSE OF COMMONS). [Answered by No. 140.]
Downing Street, 20th February, 1931. As you are no doubt aware, steps are now being taken for the amendment of the Constitution of Ceylon on the lines recommended by the Special Commission which reported in 1928. In this connexion, a question arises as to the precedence to be given to the Speaker of the State Council, on which I should be grateful for your observations.
The State Council will consist of 3 Officers of State, 50 Elected Members and 8 Nominated Members. At the first meeting of the Council after any general election it is provided that the Council shall elect a member to be the Speaker. Immediately thereafter the Council will divide itself by secret ballot into 7 Executive Committees, each Executive Committee will elect a Chairman who will be appointed by the Governor to be the Minister for that group of Departments with which the particular Committee is concerned.
In the draft Order in Council prepared in Ceylon it is provided that members who are Ministers shall take precedence next after the Officers of State and that the Speaker of the Council shall take precedence next after the Ministers. When Sir Herbert Stanley was in this country last year he discussed with Dr. Shiels the question whether it would not be desirable to give the Speaker precedence before Ministers and it was then suggested that your views should be obtained in the matter. It seems possible that a member of the Council who would he suitable for election as Speaker may not wish his name to be put forward for that Office while there is a possibility of his being elected as a Minister. The grant of superior precedence might overcome this reluctance and might further be in the interests of the dignity of the Council I shall be much obliged for an early reply to this letter.
No. 135.
Yours, &c.,
H. R. COWELL..