CO882-10 — Page 452

436

PUBLIC RECORD OFFICE

Reference :-

11 ILICO. 882/10

PUBLIC RECORD OFFICE, LONDON

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

60445

62

No. 46.

THE GOVERNOR to THE SECRETARY OF STATE.

(Confidential.)

(Received 16th October, 1923.)

[Answered by No. 49.]

MY LORD DUKE, Queen's Cottage, Nuwara Eliya, Ceylon, 24th September, 1923.

I HAVE the honour to enclose the details of a scheme for the establishment of an Executive Committee in Ceylon. These proposals have been drawn up after careful consultation with my advisers here, and we feel that they are a 'very considerable advance in the direction of endeavour to associate the unofficial side of the Legislative Council with the Government of the Colony in its administration. 2. In the discussion of this matter, it was felt that the proposals now put forward would appear to have only two other alternatives, both of which I think you

would would be highly undesirable:

agree

(1) The grant of responsible Government; and

(2) a reversion to Crown Colony Government, pure and simple.

I have, &c.,

(Confidential.)

Enclosure in No. 46.

:

W. H. MANNING,

Governor, &c.

PROPOSALS FOR THE ESTABLISHMENT of an EXECUTIVE COMMITTEE IN CEYLON.

1. During the various 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 the 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 result of any debate upon the subject in the Legislative Council.

2. 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 have set out, in my despatch of 24th July, and the enclosures thereto, what those functions are. From the perusal of the above-mentioned despatch and its enclosures relating to 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.

3. 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 purpose of bringing them into closer touch with the Executive, and, at the same time, of obtaining their support of

63

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.

4. (I). I should propose that there should be, in addition to the Executive Council, a body to be known as the "Executive Committee;" that this Committee should be composed of a certain number of the members of the Executive Council, together with a certain number of unofficial members of the Legislative Council, to be nominated by the Governor;

(II). That ordinarily this Committee should be presided over by one of its members, to be nominated by the Governor, but that the Governor should have the right to preside in that Committee on any occasion upon which he may consider it desirable;

(III). That its proceedings should be private; and that the Press in no circum- stances should be admitted to it;

(IV). That its proceedings should not be secret, except in such cases as the Governor might consider advisable and should so direct;

(V). That an oath concerning the keeping secret of matters declared to be such by the Governor should be administered to members of the Committee;

(VI). That the Committee should discuss and record its opinion upon such subjects as may be sent to it from the Executive Council;

(VII). That it should discuss Ordinances, and amendments to such Ordinances, before their introduction into the Legislative Council;

(VIII). That it should discuss all regulations and rules to be made under such Ordinances;

(IX). That it should discuss all matters connected with the Budget before its submission to the Legislative Council;

(X). That it should discuss all measures or proposals which Government may place before it, and advise upon them;

(XI). That any member of the Committee may initiate debate upon any matter, subject only to the veto of the Governor; due notice of such intention, however, must be given at a previous meeting of the Executive Committee;

(XII). That Minutes only of the proceedings of such Committee, and decisions arrived at, shall be kept; but the proceedings of such Committee will closely follow those of the Executive Council, no verbatim records being kept.

5. It shall be competent for the Executive Committee to appoint Sub- Committees, being members of the Executive Committee, for the purpose of dealing specifically with certain Departments of Government, such Sub-Committees being presided over by an unofficial or official member of the Executive Council. In the first instance, it is proposed that the Departments for which auch Sub-Committees shall be constituted should be

(a) The Education Department, (b) Local Government Board,

The Agricultural Department, (d) The Medical Department.

Their functions in this connexion, however, should not, in any circumstances, empower them to deal directly with the interior economy of any Department, nor to suggest or influence appointments, promotions or dismissals in any Department. The members of the Committee may, however, discuss the general policy of the above-mentioned Departments.

8. It must be remembered that, whatever proposals Government may put forward in connexion with such a Committee as I now propose, these proposals, when submitted for the consideration of the Legislative Council, as I understand is your desire, will unquestionably, in my opinion, be rejected by the majority of the unofficial members of the Council as inadequate, and they may even be stigmatized as insulting. I also foresee the possibility of the proposed Committee never being able even to function, because the unofficial members of the Legislative Council may refuse to serve on it. And I have no doubt you will recollect the case where, when a resolution was passed unanimously by the Legislative Council, that a