CO882-(8-9) — Page 637

PUBLIC RECORD OFFICE

Reference :-

ITLITHC.O. 882

9

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE

BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

:

32

shes taken blay The Assoulation in its memorandum.

1. the

In occasımal abuses do take place. that is the sacrifice Wi Turve to make for the attainment of something which is

the Vast well being

majority and physical 1907441

The memorandum terminates with some useful of the population of this Island suggestions with regard to restrictions and checks to be imposed upon tavern keepers. with regard to the removal of intoxicants for consumption oft the premises, and su one, which I propose to bring to the notice of Honourable Members when in Select Committee because they most certainly deserve consideration, and 1 am obliged It tuust he remembered, how to the Association for having put them forward. ever, that until Government has obtamed complete control over the supply, and until a preventive staff has been orgamsed, paper rules will continue to prove inoperative It is the object of this Bill to give in the future as they have done in the past the Government eventually the control which is essential to any permanent reform. But the thing winch strikes me, and strikes me very painfully, in reading through the whole of this document in which the writers have addressed Government in a tobe of acrimony, which seems hardly warranted by the academical nature of the subject, is the suggestion, perpetually repeated and reiterated, that Government in undertaking this very big and dullcult job is actuated solely or principally by I say without hesitation that that statement is the desire to enhanes revenue untrue and unworthy I say that it is quite repugnant to the commonsense of this community to suggest that so laborious à scheme as that now being put forward a scheme that was bound in its very nature to excite vast opposition from many should have been deliberately chosen by Government in quarters of this commmunity

If we could get order to enhance the revenue by at the most a few million rupees. rid of the amount of money that is now squandered in drink, we should have no difficulty in imposing increased taxation on the people, because they would be saving If only the Association could be brought money which is now thrown into the sea.

to believe it, the objects which they have at heart are absolutely identical with those which the Government advocates so earnestly. Every proposal which I have put forward to day is designed as a step in the direction of control, not stimulation, And now at last, Sir, I come to the Ordinance of the consumption of intoxicants.

15

itself Mr Alvis, who recently stood for the Burgher seat in this Council, has said in a letter published in the newspapers, which has received editorial commenda tion by various persons, that "A Bill which is simply to authorise the Executive to do as it chooses, without any recourse to the Legislative Council, is unknown to He our Statute Book, and I trust that it will long continue to remain unknown.

It seems apparently implies that the Bill now before us is one of that character. a matter of regret that Mr Arthur Alvis did not push his inquiries as far as the text of the Bill itself, and that he should have allowed himself apparently to be misled by the following sentence which is contained in the Statement of Objects and Reasons of the Ordinance that “the Ordinance is permissive in character, and while bringing erery operation connected with the production and distribution of Liquor under control, and laying down the lines along which that control will be erercised, it does not formulate any particular vrcise system or prescribe definite administrative details." The Bill, in fact, enables the present renting system to be carried on during the period of transition which must elapse before it becomes dis- placed by the contract supply system. My words have been wasted to-day if I have not explained to this Council with sufficient clearness what it is Government pro- We are not going behind this Council, or asking it to give us any poses to do. blank cheque. Anybody who takes the trouble to read and study the provisions of the Ordinance will find that to a degree quite unprecedented with regard to the management of liquor matters in this Colony this Council is called in to ratify, discuss, and consider even the administration of the rules framed under this Bill. The Ordinance lays down the lines on which both systems will be rigidly supervised and controlled until the renting system is at last replaced by the contract supply system all over the Island. It gives to the Executive very extended powers to enable it to make that control efficient. It provides that all those powers shall be exercised under rules which have to be submitted to this Council. The Council will from time to time be appealed to for the necessary funds in order to carry out the programme which I have outlined. The Council has before it to day, I submit, a detailed Any departure from account of the preliminary steps which we propose to adopt.

that programme will automatically come up for decision by this Council; since no extension of our present proposals will be possible, no serious alteration will be possible, without an appeal to this Council for funds wherewith to carry out our

sense.

3

He has not

extended proposals, or an appeal to this Council for powers to enforce the rules which will make those proposals possible Mr Alvis, it would appear, has hastily misread the Statement of Objects and Reasons attached to this Bill. thought it necessary to examine the text of the law of which he poses as the exponent and the crite Had he done so he would have discovered that he had been entrapped into writing something which unfortunately had not the advantage of being true. I desire to cast no imputation of any kind upon Mr. Alvis's inten- tions, but I do think that on this occasion, perhaps, his intelligence has hardly done him its accustomed justice, and as this is his only contribution to the present debate, I cannot myself help thinking that when the Burgher community registered a recent decision it was once more vindicating its high reputation for sterling good The first Now, a very few words, Sir, with reference to the Ordinance itself. chapter deals with definitions, important in themselves, but more fit for discussion in Committee than in a speech on the second reading. It also gives to the Governor power by notification to limit the quantity of any excisable article which may be sold by retail or wholesale Chapter II. Section 6 constitutes the Government Agent, the principal revenue officer of the Province, as the officer entrusted with the collec tion of excise revenne. Section 7 gives the Governor power to appoint officers to carry out the provisions of this Bill. Sub section (7) gives the Governor power to delegate some of his powers to excise officers The Low Country Products Associa tion objects to that provision, and I shall be perfectly prepared to discuss that in Select Committee, and if it is agreed that that delegation is undesirable. I have no doubt it will be omitted But I should like to say that the sort of delegation which is proposed is, for instance, that which the General Manager of the Railway has. The General Manager of the Railway has power to appoint various subordinates, just as in the same way the Director of Public Works can choose his own coolies, and it is proposed that the Excise Commissioner shall in the same way have power to appoint certain persons. Government, however, attaches no special importance to the matter, and is quite prepared to consider any amendment in Select Committee. Chapter 111, regulates the importation, exportation, and transportation within the Colony of all excisable articles. Chapter IV. deals with manufacture, possession. and sale; and Section 14 prohibits the manufacture of excisable articles, except under the provisions of this Ordinance. This Section should be read in conjunction with Section 56: for example, under Section 56 sweet toddy may be freed from the pro- visions of this Section which I have just read. Section 16 gives power to establish or authorise the establishment of distilleries and warehouses. The conditions are to be prescribed by rules which, under Section 31, will require the ratification of the Legislative Council Section 16 gives the Governor power to determine the quantity which a person other than an authorised vendor may have in his possession. This is important in the interests of temperance. The present limit is 35 gallons This will be reduced to one gallon, and eventually, it is hoped, to three, two, or even one bottle. This Section adequately safeguards the possessor of liquor for bonâ fide private consumption, but it gives the Governor power by rules ratified by this Council to prohibit possession of intoxicants by any person or class of persons; for instance, by minors Section 17 prohibits illicit sale. Section 18 enables the present renting system to be continued, but also makes the introduction of the contract supply system possible. Sections 19 and 20 give certain powers, including assign- ment of their privileges to approved persons, by the licensed manufacturer or vendor. Chapter V. deals with the fixing of duty to be paid on excisable articles, and

pre- scribes how the duty may be levied. It is necessary that this Section should be made elastic. Taxation will eventually, I hope, be a very efficient weapon against the increase of consumption, but for that purpose it will be necessary, when the time comes, to put up the duty we are imposing. Also it is always necessary to keep in our hands the power to put a prohibitive duty on anything of an injurious character which may be brought in as foreign liquor. Section 22 (c) (ii.) - Govern- ment will consider the amendment of this Section in accordance with the sugges- tions of the Low-country Products Association, that is to say, with reference to the tax on trees from which toddy is drawn for fermentation. "I have already said that our final proposals definitely do not include any taxation on trees from which sweet toddy only is drawn. Chapter VI. deals with the whole question of licences. Chapter VII. deals with general provisions. I have said that of these Sections the most important is Section 31. It has been suggested that that Section is too extensive, that it gives to the Governor in Excentive Council powers that ought to be exercised by the Legislature. I cannot help thinking that whoever originated

33487

C

!