CO885-(11-13) — Page 640

PUBLIC RECORD OFFICE

C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

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

That your Lordship considered it desirable that, for the purpose of the election of members of the Council of Government, the island of Malta should be divided into electoral districts, each of which should return one member, and that your Loraship wished to be advised as to the manner in which that object could best be effected.

That it appeared that the following modes of legislation for the above purpose might be suggested, viz. (1), a proclamation by the Governor under clause 7 of the Letters Patent; (2), an Ordinance of the Colonial Legislature; (3), an Order in Council under the power reserved by clause 13 of the Letters Patent; (4), Letters Patent altering and amending the Letters Patent of 1849 under the power reserved by clause 20 of that instrument.

That as regarded the first of those the questions arose whether the Governor's power of regulating by proclamation (subject to disallowance by the Queen and to repeal by the Colonial Legislature) the matters specified in clause 7 of the Letters Patent was exhausted by the original proclamation, or whether it was a continuing power exercise- able from time to time, and in the latter case whether it could be exercised in relation to matters which had been dealt with by an Ordinance of the Colonial Legislature in such a manner as to override the provisions of the Ordinance.

That it was considered probable that if a measure for dividing Malta into electoral districts were introduced in the Council of Government it would be opposed by a considerable majority, and possibly by the whole of the present elected members; and that in view of the rule laid down in paragraph 7 of your Lordship's Despatch of the 8th of March 1883 (a copy of which would be found on page 10 of the accompanying Parliamentary Paper) your Lordship did not think that it would be desirable that such a measure should be passed by the Council against the unanimous vote of the elected

members.

That your Lordship was therefore disposed to think that it would be advisable to proceed by Order in Council or by amending Letters Patent.

That seven out of the eight elected members of the Council recently resigned their seats in consequence of certain votes having been carried in opposition to them by the official members and the other elected members, and had been re-elected, and that it was thought not improbable that they might, with the object of bringing about an alteration of the constitution, endeavour to obstruct the business of the Council by either again resigning their seats, or absenting themselves from the sittings of the Council, and that in view of such a contingency your Lordship wished to be advised as to the power of the Council to pass laws and carry on business during the vacancy of the seats or in the absence of the elected members.

That our opinion was therefore requested on the following questions:-

1. Whether the division of the Island of Malta into electoral districts for the purpose of the election of members of the Council of Government could be effected either (a) by a proclamation of the Governor under clause 7; or (b) by an Order in Council under clause 13; or (c) by amending Letters Patent under clause 20 of the Letters Patent of 1849, or in any other manner except by an Ordinance of the Colonial Legislature.

2. What was the best method, in the present circumstances, of effecting that object.

3. Whether, in the event of the whole or a large majority of the elected members resigning their seats, the Council of Government would be competent to pass laws and money votes, and carry on the business of a legislative body in the interval between Buch resignations and the election of members to fill the vacant seats?

4. Whether in the event of the whole or a large majority of the elected members absenting themselves from the sittings of the Council, the Council would be competent to pass laws or money votes or carry on its business in their absence?

5. Whether in the respective events mentioned in the 3rd and 4th questions the Council could lawfully and properly pass laws affecting the constitution of the Colony (not being repugnant to the Lettera Patent of 1849) during the vacancy in the seats of, or in the absence of, the whole or a large majority of the elected members ?

In obedience to your Lordship's commands we have the honour to

Report

1 and 2. That we do not think the division of the Island of Malta into electoral districts, for the purpose of the election of members, can be effected by a proclamation of the Governor under clause 7.

We think it may be effected either by Order in Council or by amending the Letters Patent. The former would probably be the better course.

3 and 4. We think the Council would, in either of these cases, be competent to pass laws or money votes or carry on its business provided one half of the total number of members were present.

5. We think that in these events the Council could lawfully pass such laws as those referred to in the question, provided one half of the total number of members were present.

This is, as far as we are aware, the only restriction upon the action of the Council in the absence of any of its members.

Whether it would be proper and expedient to pass, under such circumstances, such laws as are referred to in this and the preceding questions is a matter of policy involving grave considerations. We do not feel that we have sufficient knowledge of the condition and circumstances of the island to enable us to express an opinion upon it. But in view of the Despatches in the papers before us it strikes us that it would be inexpedient to legislate further than the necessities of the case at the time may require.

The Right Hon. the Earl of Derby, &c.

&c.

&c.

We have, &c. (Signed)

HENRY JAMES.

FARRER HERSCHELL.

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