193
505
Clause 25. Clause 26.
or referred to.
Does motion require notice and is debate allowed?
Provisions of Order in Council as to quorum should be incorporated See Model Clause 7.
Clause 32 and Clause 60. Instead of words "distinct motion "substitute "sub- stantive motion," being term used in House of Cominons.
Clause 39, Sub-Clause 3. Presume that consideration has been given to prefatory note regarding minutes in Model Standing Orders.
Clause 49 (1). What is distinction between record and minutes? Clause 52 (10). Consider that "shall" should be substituted for
Words or in contravention of these Orders Clause 53, Line 6.
dant in view of following line.
"
may."
"
tion
"
Clause 68 (4). Clause 70 (2).
Suggest words
Clause 61 (1) and (2). Suggest insertion of words
where required.
"
or clause
seem redun-
after **
ques-
Clause 71 (1).
proviso.
"brief statement instead of " exposition." Last sentence seems unnecessary being covered by Clause 41 (8). Suggest separate Order on lines of Model Clause 56 in place of
"3
Clause 74 (1).
A
I prefer wording of Model Clause 35. Clause 74 (2). Right to protest was purposely left out of Model Orders. member has the right of having his vote recorded against a measure and can give his reasons to Council in a speech.
Clause 75 (b). Suggest that Speaker should allocate Bills to Standing Com- mittees.
Clauses 77-82. No provision is made for (a) amendment of title, (b) postpone- ment of Clause, (c) consideration of new Clauses.
Clause 96 (1). I prefer wording of Clause 28 of Model, and suggest provision on lines of Clause 26 of Model also.
Clause 97 (2).
Suggest suspension should be for definite number of sitting days. Clause 106. I prefer wording of Model Clause 29 (9). Heading before Clause 112 should precede Clause 107.
Clauses 126 and 153. I suggest that Committee should have power to fix dates of meeting after first meeting.
General. There is no machinery provided for laying papers as in Model Clause 10, for anticipation as in Model Clause 23 nor for Press Model Clause 58. Possibly local reasons exist for omissions and variations noted above, but request that you will give these criticisms careful consideration.-PASSFIELD
STATE COUNCIL.
(1) Manual of Procedure.
C. 83230/9/81 [No. 1].
No. 156.
THE OFFICER ADMINISTERING THE GOVERNMENT to THE SECRETARY
(Confidential.)
OF STATE.
(Received 20th April, 1931.)
[Answered by Nos. 157 and 158.]
Queen's Cottage, Nuwara Eliya, 31st March, 1931.
MY LORD,
I HAVE the honour to enclose herewith twelve copies of a draft Manual of Procedure which I propose to issue as soon as possible after the promulgation of the new Order in Council. The draft Manual contains three documents:-
(i) A statement regulating the procedure for the transaction of business con- cerning subjects or functions in the charge of an Officer of State. This statement will be prescribed by the Governor under the powers given him by Clause 39 (2) of the (State Council) Order in Council. I shall refer
*Not printed here.
to it, in the course of this despatch, as Procedure for Officers of State."
The Statement of Administrative
(ii) A statement regulating the procedure for the transaction of business con- cerning subjects or functions in the charge of an Executive Committee. This statement will be prescribed by the Governor under the powers given him by Clause 39 (1) of the (State Council) Order in Council, and I shall refer to it, in the course of this despatch, as "The Statement of Adminis- trative Procedure for Executive Committees.”
(iii) Regulations for the Administration of the Public Service. These regula- tions will be made by the Governor by virtue of the power vested in him by Clauses 89 to 94 of the (State Council) Order in Council. I shall refer to them hereinafter as "The Public Service Regulations,”
In addition to these documents the Manual will contain some other existing minor regulations, and, in the form of an appendix, the State Council Order in Council, the Royal Instructions, and the Letters Patent.
Revised Financial Regulations will be issued separately; with the exception of these, the Manual will contain all the documents necessary for a full understanding of the working of the new Constitution.
The Manual has been prepared by Mr. T. Reid, C.M.G. Its preparation has involved very heavy labour, and I should like to take this opportunity of expressing my appreciation of the energy and thoroughness with which Mr. Reid has fulfilled the task allotted to him. Successive drafts of the Manual have been considered at a number of conferences by myself, the Acting Colonial Secretary, the Attorney-General, and the Colonial Treasurer, and the two statements of Administrative Procedure were considered, and generally approved, by Sir Herbert Stanley before his departure.
2. I do not propose to discuss the Statement of Administrative Procedure for Officers of State in detail. It may appear to contain a certain amount of unnecessary material, but I have been at pains to model it as closely as possible upon the Statement of Administrative Procedure for Executive Committees in order to emphasize the similarity of the control exercised by Officers of State over their departments to that exercised by Executive Committees over their departments. It is frequently argued by the opponents of the new Constitution that it will involve no real transfer of responsibility to the unofficial members of the State Council. However mistaken their argument may be, it is, I consider, desirable to lose no opportunity of making it clear that the administrative authority to be exercised by the seven Executive Committees, in respect of the subjects or functions of Government allotted to them, is in no way inferior to the administrative authority to be exercised by the Officers of State.
3. The Statement of Administrative Procedure for Executive Committees was dis- cussed by me informally with the members of the Legislative Council, official and un- official. I considered it desirable at the same time to communicate to them for their in- formation the draft Statement of Administrative procedure for Officers of State. Certain of the unofficial members objected to the allocation of subjects and functions to the Financial Secretary, in that it does not follow Appendix VI of the report of the Special Commissioners in dividing the functions of the Finance Department into the three categories of "Executive," "Supervisory," and " Advisory." They expressed the fear that the assignment of such a formidable list of subjects and functions to the Financial Secretary, without any express indication that, in regard to certain of them, his functions would be only advisory or supervisory, would, in effect, enable that officer to claim to exercise administrative power properly belonging to Executive Committees of the State Council. I should myself have wished, if possible, to maintain the distinc- tion laid down by the Special Commissioners in Appendix VI of the report, but I have not found it possible to do so. Upon a close examination of that Appendix it will be found that the duties of the Financial Secretary are partly advisory, partly executive, and partly supervisory, in respect of the majority of the functions enumerated, and that any clear-cut division of his functions into three classes in accordance with the nature of his authority in respect of those functions is, in fact, impossible. I pointed out that the nature of the authority of the Financial Secretary will be laid down in the Order in Council itself, and that the Statement of Administrative Procedure cannot possibly operate to vest in the Financial Secretary powers in excess of, or different in nature from, those vested in him by the Order in Council. They were not, however, fully satisfied, and I promised them that I would convey their apprehensions to Your Lordship. I hope that those apprehensions will be allayed by study of the provisions of the Order in Council.
5
PUBLIC RECORD OFFICE
Reference :--
TILLIC.O.882/11
PUBLIC RECORD OFFICE, LONDON
| ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO