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Reference—

C.O. 882/12

PUBLIC RECORD OFFICE, LONDON,

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

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types of schemes was explained to the Deputation and it was suggested that they should discuss with the local Government what, if any, applications should be made for assistance from the Fund.

7. The Deputation expressed a desire to discuss the possible formation of an Agricultural Bank in Mauritius, and the conversion to a lower rate of interest of the loans to sugar planters now outstanding. These matters were discussed with a repre- sentative of the Colonial Office; it was explained that there appeared to be no possibility of the conversion of the loans, and the possible basis of an Agricultural Bank in the Colony was informally discussed. This matter had already been the subject of dis- cussion at a meeting between Sir Wilfred Jackson and my Financial and Agricultural Advisers, and a record of their discussion is enclosed, for your information. This document has not been communicated to the Deputation, but the position was explained to them on the lines indicated in it. A copy of a letter† which has been addressed to them on the subject is also enclosed.

8. The question of educational policy in Mauritius was not raised by the Depu- tation in their memorandum, but it was thought desirable to take the opportunity of their presence in this country to discuss educational policy generally with them. Arrangements were accordingly made for an interview between the Deputation and Mr. A. I. Mayhew, Joint Secretary to the Advisory Committee on Education in the Colonies. A copy of the record of the discussiont is being transmitted to you with my reply to your confidential despatch of the 15th of November, 1932.§ Mr. Gujadhur was not present at the discussion with Mr. Mayhew, as he had already left England on his return to Mauritius.

9. As you were informed in my despatch No. 12 of the 16th of January,|| oppor- tunity has been taken to arrange a discussion between Mr. Leclezio and Mr. Raffray on the one hand, and Sir Guy Marshall and Dr. Thompson of the Imperial Institute of Entomology on the other, concerning the problem of the control of the Phytalus beetle pest of sugar-cane in Mauritius; and as an outcome of that discussion Mr. M. F. Jepson has been appointed as Phytalus Investigation Officer at the expense of the Mauritius Sugar Industry Reserve Fund. Particulars of the appointment are being communicated to you separately.

10. Arrangements were made for the members of the Deputation to be present at the Armistice Day ceremony, when they laid a wreath on the Cenotaph on behalf of the Council of Government of Mauritius.

C. 94021/32 [No. 20].

No. 12.

I have, &c.,

P. CUNLIFFE-LISTER.

THE SECRETARY OF STATE to THE GOVERNOR.

[Answered by No. 13.]

Downing Street, 30th May, 1933.

(No. 157.) SIR,

I HAVE the honour to transmit to you Letters Patent passed under the Great Seal of the Realm dated the 18th April, 1933, making further provision for the Govern- ment of Mauritius, and Additional Royal Instructions under the Royal Sign Manual and Signet bearing the same date. Six printed copies of each Instrument are also enclosed.

2. These Instruments which amend the existing Mauritius Letters Patent and Royal Instructions are necessary to give effect to certain of the constitutional changes agreed upon as a result of the representations made by the Deputation of Unofficial Members of the Mauritius Council of Government. These changes, as indicated in the Report of the Proceedings which was communicated to you and to the Deputation,

were:-

(1) the proportion of the Nominated Members of the Council of Government

who are to be unofficials to be fixed definitely at two-thirds;

(2) the nominated unofficial Members to have a free vote on all occasions; (3) two unofficial Members to be appointed as Members of the Executive

Council;

(4) as a condition of the above, the Governor to be given power to enact legislation considered by him to be essential in the interests of good government.

* C. 94006/32 [No. 2]: not printed. + C. 94006/32 [No. 4]: not printed. ↑ Not printed.

$ C. 94029/32 [No. 1]: not printed.

|| C. 93979/32 [No. 41]: not printed.

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3. I accepted the first change as it had already for many years been the custom to appoint six unofficial Members out of the nine nominated Members and there appeared to be no objection to the conversion of the custom into a formal rule. Clause VII of the existing Letters Patent has been amended accordingly by Clause 1 of the Letters Patent of 18th April, 1933. The Deputation also suggested that the appointment of such nominated Members should be complementary to the result of the elections so as to ensure the representation of the various classes of the population in the Council of Government. I did not consider that any provision to this effect could suitably be made in the formal instruments of Government but I have no doubt that the Governor, in making his recommendations for appointment to the Council, will take into consideration, as has been the practice in the past, the importance of making the Council as fully representative as possible of all sections of the community in the Colony.

4. I further agreed that the practice by which the nominated unofficial Members accept appointment on condition that they will, if called upon to do so by the Governor, refrain from opposing any Government measure, need not be maintained. Provision has been made separately for the enactment of legislation which the Governor regards as essential. The practice referred to should therefore be discontinued and the existing unofficial nominated Members should be absolved from any undertakings they may have given in connexion with it and allowed a free vote in future on all occasions. As the practice was one of custom only no formal alteration of the Instru- ments of Government is required.

5. After careful consideration I decided that it was desirable to restore the practice prevailing prior to the report of the Royal Commission of 1909 by which two unofficial Members were appointed to the Executive Council. Clause 11 of the Royal Instructions has accordingly been amended by the Additional Instructions of the 10th April, 1933, so as to permit of such appointments. It will be observed that no obligation is laid upon the Governor in the matter, but it is the intention that in future two unofficial Members should normally be appointed to the Executive Council. I am unable to accept the view advanced by the Delegation that these Members should necessarily be selected from amongst the Elected Members of the Council of Govern- ment, but it is the intention that appointments should usually be made from the Elected Members. The selection of the particular Members will be in the unfettered discretion of the Governor and the Secretary of State. I have also intimated to the Deputation of Unofficial Members, both orally and by letter, that I accepted this proposal on the understanding that the unofficial Members thus added to the Executive Council would be prepared to accept their share of responsibility as Members of Council for the decisions there taken. I shall be glad to receive in due course your recommendations as to the Members to be appointed.

6. The condition that these changes should be accompanied by the grant to the Governor of power to enact essential legislation by his own authority was, I understand, accepted without reservation by the members of the Deputation. This is effected by the addition of a new Clause XLVIIA to the Letters Patent (see Clause 5 of the amending Letters Patent).

7. In addition to the alterations referred to above and consequential alterations, opportunity has been taken to make other amendments in the Instruments of Government, i.e. :—

(1) Clause VIII of the Letters Patent has been amended to provide for a further alteration in the relative precedence of the Senior Military Officer and the Colonial Secretary.

(2) Clause XII of the Letters Patent has been amended so as to make it clear that a public officer appointed as a nominated Member of the Council shall, if he ceases to hold his public office, vacate his seat on the Council, and that an unofficial nominated Member if he becomes subject to any of the disqualifications which would render vacant the seat of an Elected Member, shall vacate his seat. Similar provision in regard to official Members of the Executive Council has been made in Clause II of the Royal Instructions.

(3) A new Clause LVII has been substituted for the old Clause in the Letters Patent in order to effect an alteration which it is intended to make in the constitutional Instruments of all Colonies, &c., as opportunity arises. The effect is to leave the detailed regulation of the dismissal and suspension of public officers to the Colonial Regulations which apply generally to the

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Colonial Service. Consequential alteration has been made in Clause XXI of the Royal Instructions and Clause XXII has been revoked and not replaced.

(4) Clauses IX and XIX of the Royal Instructions are amended by the omission of the requirement that the minutes of the Executive Council and Council of Government shall be read over, as this is understood to be inconvenient in practice.

8. The drafts of the amending Instruments were discussed with yourself and with the members of the Deputation before they were enacted. I have to enclose, for your information, a copy of a letter sent to Mr. J. P. Raffray on behalf of the Deputa- tion containing certain assurances in connexion with the appointment of unofficial Members to the Executive Council..

9. You will observe from Clause 9 of the enclosed Letters Patent that this docu- meut is to come into operation on a date to be fixed by you by Proclamation. The additional Instructions will come into operation on the same date as the Letters Patent. I shall be glad to be informed by telegraph of the date fixed by Proclamation.

10. This despatch may be published.

I have, &c.,

P. CUNLIFFE-LISTER.