CO882-10 — Page 434

419

PUBLIC RECORD OFFICE

Reference :-

ILILIT

C.O. 882/10

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

33 of 1921

34 of 1921

40 of 1921

41 of 1921

26

Subject.

Section.

26(1), 27(3), 29 & 37. 253.

No. of Ordinance.

Ordinance to protect the revenue of the Colony 3. Constitution and control of Co-operative Societies Criminal Procedure Code, Amendment to Enforcement in the Colony of Judgments obtained in the Superior Courts of the United Kingdom and of other parts of His Majesty's Dominions

Naturalization (amendment to)

6.

5 of 1922

18 of 1922

To further amend Defence Force Ordinance, 1910

6(1)(5).

17.

24 of 1922

An Ordinance to restrict the production and export of rubber

20 & 28.

25 of 1922

To amend Land Surveyors, Auctioneers and Brokers' Ordinance, 1889

1 of 1923

Indian immigrant labourers

15(1). 14 & 23.

Enclosure 2 in No. 25.

1

DEFINITION OF THE DUTIES of a Proposed Council of Government for Crylon. 1. During the debates in connexion with the reform of the Constitution in the Legislative Council during the past four years, the question of the composition of the Executive Council has on many occasions been discussed.

As has been pointed out in despatches to the Secretary of State, these discussions have not resulted in any tangible or practical proposals for the composition of the Executive Council. The main proposals which have been put forward have been that Unofficial Members of the Legislative Council should be given seats in the Executive Council and that such members of the Executive Council should be Ministers with portfolios in charge of Departments. In the last debate in Legislative Council, a resolution to this effect was moved, but was negatived by a large majority. In the course of the debate, I remarked that in view of the fact that there would be an unofficial majority of 23, it would appear to be desirable that there should be some means of placing the Unofficial Members in closer contact with the Executive, with a view of enabling the Unofficial Members to learn the objects and reasons of Government in connexion with measures which may be brought before Council in order that the support of Unofficial Members might be given to such measures on the unofficial side due to their understanding and knowledge of the objects and reasons of the Executive in putting forward their proposals.

I feel that there is urgent necessity for the elaboration of some scheme which will enable Government to secure such support from the Unofficial Members of the Legislative Council when the Council is constituted under the proposed new Order-in-Council; but I have as yet received no guidance as to the manner in which this may be achieved, as the results of any debate upon the subject in the Legislative Council.

2. I have had some informal discussion with members of the Executive Council as to the manner in which that closer contact with the Executive might be achieved, but I think it is desirable that this matter should now be given most careful consideration, and if possible, some workable scheme be devised:

3. The functions of the Executive Council are concerned with a number of matters which, in my opinion, should always remain as appertaining to that body, and I refer particularly in this connexion to the consideration of the following subjects:-

i. Murder cases.

ii. Appeals from decision of Gansabhawa courts.

iii. Acquisition of lands.

iv. Petitions from convicts.

v. Inquiries under the Colonial Regulations into charges made against

Government officers.

vi. Matters of an Imperial nature which affect the Colony.

vii. Matters in connexion with "Defence."

27

viii. Proposals for new legislation or amendment to existing legislation.

ix. Proclamations in regard to the requirements of Executive action on a

variety of subjects.

1. Rules and Regulations made under Ordinances.

xi. Rules and Regulations made by local bodies under the Ordinances

governing such bodies,

together with a number of other matters which require the sanction of the Executive Council as a formal matter, but as part of legal requirements.

From the perusal of the foregoing functions of the Executive Council, it would appear that the presence of Elected Members on the Council for the purpose of discussing such matters cannot be deemed to be urgently desirable, nor from any point of view a necessity, except in regard to the discussion of proposed legislation and the rules and regulations made under Ordinances which may require to be laid on the table of the Legislative Council.

Before I proceed to sketch the outlines of a scheme for bringing the Unofficial Members of the Legislative Council into closer contact with the Executive, I should state that it is my opinion, formed not only here, but elsewhere, from close discussions of the matter, an Elected Member of the Legislative Council who might be nominated to the Executive Council would find himself in a most difficult position. He would be suspect among his own elected brethren of having become an Unofficial Member of Government, or he would be a source of difficulty to the Executive Council were he disposed to take up the attitude, which he might rightly do, of general disagreement to the proposals of Government. Moreover, he would find it most difficult to maintain the oath of secrecy to which he would be bound in regard to the proceedings of Executive Council, since he would be in full possession of every fact put for and against the proposals of Government which he would be cognisant of in the full and free debate which takes place in Executive Council, since from such debate he might obtain material which he might find it most difficult to refrain from using when opposing a proposal of Government in the Legislative Council. It appears to me that the position of an Elected Member who might be nominated to the Executive Council would be one of extreme difficulty-to himself, ris-à-vis his elected brethren, and likewise in view of the oath he must take as to helding secret the proceedings of Executive Council unless he were absolved in certain cases from such a duty as is provided for in the oath which he takes; but again in this connexion he might, and probably would, demand such absolution in cases where it would be most impolitic that it should be given. I am consequently most strongly of opinion that the inclusion of an Elected Member or Members in the Executive Council is in every way to be deprecated.

4. It therefore remains to consider by what means during the forthcoming period of constitutional progression, the services of Elected Members of the Legislative Council may be utilized by Government for the purposes of bringing them into closer touch with the Executive and at the same time, of obtaining their support of Government measures from their intimate knowledge of the objects and reasons for bringing forward such measures from the Government point of view, thus utilizing such Elected Members as missionaries among their brethren with a view to obtaining further support of such measures; and again' also for associating them with Government in the discussion of matters concerning which the Executive Council itself might desire further information; or for the discussion generally of subjects where the views of the Elected Members might be obtained more or less informally and which would be of advantage to Government in certain situations.

I should propose that there should be an advisory or consultative body, to be known possibly as "The Council of Government." That this body should be composed of a certain number of Official Members together with a certain number of Elected Members to be nominated by the Governor. This Council to be presided over by the Governor. That its proceedings should be private, that the Press should in no circumstances be admitted to it; that its proceedings should not be secret. except in such cases as the Governor might consider advisable. That the Council should in the first place discuss and record its opinion upon such subjects as might be sent to it from the Executive Council; that it should discuss such, ordinances, and amendments to such ordinances, before their introduction into the Legislativo Council; that it should discuss all matters connected with the budget before its submission to the Legislative Council; that it should discuss auch measures or proposals generally and advise upon them as Government may place before it;