CO885-(13-15) — Page 223

13102

No. 216.

(MALTA.)

PUBLIC RECORD

OFFICE

...mimimiliu

ET ། ། ། T

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

1868.

LAW OFFICERS to COLONIAL OFFICE. MY LORD,

Royal Courts of Justice, June 29, 1891. We were honoured with your Lordship's commands signified in Mr. Wingfield's letter of the 16th instant, stating that, with reference to the letter from the Colonial Office of the 13th instant and to our reports of the 14th March 1890 and the 5th May. 1891, he was directed by your Lordship to submit for our report a further question which had arisen in relation to the constitution of Malta under the Letters Patent of the 12th December 1887, copies of which and of the Royal Instructions of the same date would be found on pages 79-87 of the enclosed Parliamentary Paper.

That clause 41 of the Letters Patent provided that the Executive Council thereby C. 5308] constituted should consist of certain official members, and further, of such (not less than three in number at any one time), being elected members of the Council of Government as the Queen might appoint, or as the Governor might appoint, subject to Her disallowance or confirmation, who should be styled unofficial members of the Executive Council.

That in a despatch of the 14th December 1887 (which would be found in the above mentioned Parliamentary Paper, pp. 77-79), transmitting the Letters Patent to the Governor of Malta, your Lordship stated (in paragraph 10) that it would be the duty of the Governor to select and appoint, subject to Her Majesty's approval, as unofficial members of the Executive Council, gentlemen duly qualified by character and capacity who should appear to him to possess the confidence of the majority of the elected members of the Council of Government.

persons

That it was proposed, as stated in the same paragraph of that despatch, that the unofficial members of the Executive Council should receive salaries of 3001, each, and that provision was accordingly made in the Civil List provided by the Letters Patent of 12th December 1887 for the payment of a yearly sum not exceeding 9007. for the service of the Executive Council. That that item of the Civil List was, however, expunged by clause 11 of subsequent Letters Patent of 14th February 1889, and that the sum of 9001. for the salaries of the unofficial members of the Executive Council was now voted on the Annual Estimates and included in the Annual Appropriation Ordinanco.

That a large number of the candidates at the election about to be held to fill the seats in the Council of Government, vacated by the resignation of all the elected members, had, in a joint address to the clectors, declared their intention not to accept seats in the Executive Council until some alterations of the Constitution which they alvocated had been made, and that the Governor thought it likely that the majority of the members returned would be persons who had given that pledge.

That should that anticipation be realised it would be impossible for the Governor to comply with the instructions conveyed by the despatch above quoted, and with the spirit of the constitution, by appointing as unofficial members of the Executive Council three elected members of the Council of Government who had the confidence of the majority of the elected members, and that it appeared to your Lordship that in such a state of circumstances it would be preferable and more in accordance with the spirit of the constitution-if such a course could lawfully be adopted-to make no appointment of unofficial members, and to carry on the business of the Executive Council with a quorum of official members rather than to offer seats in that Council, as salaried unofficial members, to gentlemen who had not the confidence of the majority of the elected members.

That Mr. Wingfield was therefore to request that we would advise your Lordship whether in the event of the Governor being unable to induce elected members of the Council of Government who had the confidence of the majority of such members to accept seats in the Executive Council, the Letters Pateut required that such seats should be offered to elected members (if any) who did not possess the confidence of such majority.

Y

That should our answer to the foregoing question be in the affirmative, ship would further wish to be advised-

your

Lord-

Whether the persons who had not the confidence of the majority of the elected members of the Council of Government could be appointed members of the Executive

E 65453-23. 25.--7/91.

PUBLIC RECORD OFFICE ...