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PUBLIC RECORD OFFICE

Reference :-

TLC.O. 882/11

PUBLIC RECORD OFFICE, LONDON

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

0.63230/1/29 (No. 10].

(No. 1009.)

MY LORD,

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No. 115.

THE GOVERNOR to THE SECRETARY OF STATE.. (Received 23rd December, 1929.)

Queen's House, Colombo, 2nd December, 1929.

1 HAVE the honour to transmit a memorandum which I have received from the Unionist Association of Ceylon on the subject of the reform of the present Con- stitution of Ceylon. The Association has asked me to forward a copy to your Lordship.

Enclosure in No. 115.

I have, &c..

H. J. STANLEY,

Governor.

MEMORANDUM OF THE UNIONIST ASSOCIATION OF CEYLON ON THE DESPATCHES RELATING TO THE CEYLON CONSTITUTION.

THE Unionist Association of Ceylon welcomes the adoption of the main principles of the Donoughmore Scheme of Reforms by the Rt. Hon. Lord Passfield, Secretary of State for the Colonies, and iş glad to note that in his despatch to the Governor dated 10th October, 1929, he presents the Scheme, with minor modifications, for acceptance or rejection as a whole by the Legislative Council. The attitude of this Association towards the proposed Reforms was defined at a General Meeting held at the New Town Hall on 21st December, 1928. We then passed resolutions accepting the main principles of the recommendations, the Committee System. the Governor's Reserved Powers, &c, proposed the extension of the Franchise to all adults and welcomed the abolition of communal representation, provided the number of territorial seats were increased to 65 and nominated seats to 12. With the exception of a reduction in the number of seats, Lord Passfield's modifications in no way affects the attitude of this Association towards the Reforms, but in the light of events during the past 12 months, perhaps it would be as well to review the whole situation and restate our position.

The Governor's Despatch.

This Association wishes, first, to take this opportunity to express their apprecia- tion of the masterly and sympathetic despatch of His Excellency the Governor to the Secretary of State on the reception of the Reform proposals in Ceylon. In it he has exhibited that high statesmanship and breadth of vision which we were always led to expect from him. Furthermore, in addition to the literary merit of his despatch, it is largely due to the extreme pains he has taken to understand the attitude of the Unofficials during the Reform debates that this country is to be given another chance to accept the Reforms-Reforms which in many respects are universally acknowledged to be a great advance on the present Constitution of Ceylon.

With regard to the proposed Reforms themselves, this Association realises that public opposition was directed against three main points, namely, (1) The Committee System. (2) The Governor's Reserved Powers, and (3) The Public Services Commission.

The Committee System.

This is the pivot of the Donoughmore Scheme of Reforms. According to it all the members of the State Council will divide themselves into seven Committees and each Comunittee will then proceed to elect its own Chairman. The Chairman of each Committee will serve as a Minister in charge of a group of Government Departments. Various suggestions for altering this Scheme have been made, but none of them carry out the intention of the Commissioners. As Lord Passfield points out in his despatch, the proposed Committee System of Government "is in essence well adapted to meet there is no immediate prospect of the special difficulties of Ceylon where

the appearance of the party system, but also there is danger of the formation of groups The Scheme proposed, while allowing due based on racial or religious differences weight to the majority, will nevertheless secure that in all questions of administration

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the views of any important section will be able to secure a hearing." This Association would add that it is a Scheme specially adapted to the work of the State Council, in which details of administration have a preponderant share and far outweigh the work of Legislation. The Central Government of Ceylon is essentially a business Govern- ment and carries out through its own machinery a large amount of industrial and other activities which elsewhere are effected through local Government bodies or through private enterprise. It would, therefore, be unreasonable to constitute a Legislative Council in Ceylon on the model of the British Parliament. To meet our needs, the Donoughmore Commission has recommended a State Council which will combine both Legislative and Executive functions, an achievement of the highest statesmanship.

While on the subject of Committees, this Association would like to refer to the related one of salaries of Ministers. In this country, as perhaps everywhere, the importance of an appointment is gauged by the salary attached to it and this Associa- tion, therefore, deprecates the suggested differentiation in the salaries to be paid to the Ministers of State and to other Ministers. In the case of the Chief Minister the distinction is necessary, but this Association recommends that all the other Ministers should be paid the same salary, namely, Rs. 27,000 or £1,800 a year, which is the salary drawn at present by the Colonial Treasurer and the Attorney-General.

Governor's Reserved Powers.

The Governor's Reserved Powers under the proposed new Constitution have raised intended rather to serve the a storm of protest. These powers, however, are purpose of precaution and reassurance than to be used as an ordinary incident in the business of administration and legislation." The establishment of practically universal suffrage, the abolition of communal representation and the transfer of executive authority to the State Council are measures which need safeguards for the minority interests. In the absence of a Second Chamber to act as a check on hasty legislation, the utilisation of such safeguards must necessarily be entrusted to the Governor's discretion, and this Association feels that the Governor's reserved powers are an essential portion of the proposed Constitution.

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Public Services Commission.

This Association feels that this is a subject on which there is considerable mis- apprehension due to the campaign of misrepresentation carried on by a certain section of the Press. It has been stated that the establishment of this Commission would foster super-raj caste among the public servants, who would be overbearing in their attitude to the public and in particular to Councillors. This fear, to some extent. is due to the unfortunate system that has arisen of interference, as stated in the Donough- more Report, by the Unofficial Members of the Legislative Council in the matter of appointments, promotions, &c., in all (iovernment Departments. The Public Services Commission and the proposed Constitution will restrain the Councillors in this respect. The Commissioners pointed out that that portion of public business" which causes the greatest anxiety and gives rise to the most persistent controversy is the field of appoint- nents and promotions to officers in the public service. It is on this subject, perhaps To a certain more than on any other, that communal feeling is readily aroused.' extent the interference by Councillors in the matter of appointments and promotions is a legacy handed down from the days of communal nominated members, who were considered intermediaries between the people and the Government, but it will be recognised that elected members of a State Council, who themselves bear a share of Executive responsibility, cannot any longer maintain such a role The Public Services Commission is, therefore, to be appointed for dealing with appointments and promotions so as to protect members of Council from the pressure of their constituents and to inspire in the public services a confidence that appointments and promotions will be decided on the strict merits of the case without regard to the vicissitudes of political In addition, the Public Services life or the fluctuations of communal sentiment.” Commission becomes necessary in view of the abolition of the Executive Council, which has hitherto acted in an advisory capacity to the Governor in matters affecting public servants. The plea that public servants will be able to act contumeliously towards Councillors and even Ministers is untenable. Heads of Departments and their staffs will always be under the control of the particular Ministers and Committees under whom their Departments are grouped, and any case of lack of co-operation or opposition, if reported to the Chief Secretary, will, without a doubt, be promptly and severely dealt with.