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PUBLIC RECORD OFFICE

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PUBLIC RECORD OFFICE, LONDON

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4. In his despatch No. 261 dated 31st March, 1930,* Sir Herbert Stanley stated that in framing his Statement of Administrative Procedure for Executive Committees he would probably find it desirable to consult some of the unofficial members of the Legislative Council, and would, in any case, avail himself of the advice of his Executive Council. I had originally invited ten selected members of the Legislative Council to discuss the draft of this Statement with me. They expressed a strong desire that other members should share in the discussion, and I accordingly, arranged an informal discussion in the Council Chamber, at which all members, both official A considerable majority of members and unofficial, were invited to be present. attended this discussion and although many of them expressed their dissatisfaction at not being permitted to see and discuss the draft of the Order in Council itself, and "the non-co-operating, a few absented themselves with the deliberate intention of "* discussion was, on the whole, not infructuous, and I was able to make some alterations I have not, in the original draft in order to meet some of the views expressed. however, discussed the draft with my Executive Council, and do not propose to do so. Six out of the nine members were present, or had the opportunity of being present, at the discussion in the Legislative Council Chamber, and I do not consider that a further discussion in Executive Council would be productive of any result. also exceedingly anxious that the Manual of Procedure should receive Your Lordship's approval and be published as soon as possible, and a reference to Executive Council would involve further delay which should, I think, be avoided.

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5. The directions in this statement are designed to indicate briefly the procedure necessary to secure co-operation between the various Executive Committees, and at the same time to prevent encroachment by one Committee upon the activities of another. They also state in general terms the scope of the responsibility of the permanent executive staff. The latter are authorized to continue existing Departmental procedure until such time as it is changed by the proper authority. Clause 17 lays down general principles indicating when Heads of Departments must refer to their Executive Committee before taking action, but no attempt has been made, as in the London County Council regulations, to define what are questions of principle. Heads of Departments are authorized by Clause 14 to place their views before their Executive Committees in writing. This essential safeguard gives them the opportunity of fore- stalling ignorant or perverse criticism by placing the relevant facts and figures before the whole Committee. They are also given, by the same Clause, an opportunity of initiating important proposals. I regard this provision, to which the members of the Legislative Council took no exception, as of importance, as the initiation of important changes of policy is bound for some years to depend much more upon the permanent staff than is the case in countries accustomed to government by responsible ministers. It has been made clear, as recommended in paragraph 47 of Sir Herbert Stanley's despatch of 2nd June, 1929,† that the functions of the Secretaries to Ministers are little more than those of Private Secretaries and Clerks to the Committees, and that it is upon Heads of Departments, and not upon their Secretaries, that Ministers must rely for advice and information.

6. I do not propose to comment in detail on the schedule attached to Clause 23 of the Statement of Administrative Procedure for Executive Committees. The main lines of the allocation of subjects and functions to the seven Executive Committees have already received Your Lordship's approval. This more detailed distribution is admittedly experimental, and it may be found desirable, as a result of an unequal distribution of work, or for some other reason, subsequently to alter it in some particulars. The list of subjects and functions may appear somewhat unscientific, in that it contains major headings such as "Police and Crime," side by side with minor headings such as "Treasure Trove,' Public Holidays," and "Trespass by domestic animals.* No attempt has been made to enumerate in detail all the minor subjects covered by the major headings, for this would be quite unnecessary; the necessity for specific mention of a number of apparently trivial subjects arises owing to the fact that many of such subjects are now dealt with by Government Agents, independently of any Headquarters Department, and it is necessary to make it clear which Executive Committee will, in future, be concerned with them. The unofficial members of the Legislative Council found little to criticize in this schedule.

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7 With the difficulties in connexion with the position of Government Agents I have already dealt in the 10th paragraph of my Confidential despatch of 30th July, 1930, and the solution embodied in the various paragraphs of this Statement is that recommended in that despatch. The provision (at the end of Clause 5) to the effect † Chid. 3419.

‡ No. 131.

* No. 71.

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that Government Agents should only correspond with Executive Committees, other than that for Home Affairs, through the Head of a Department, if any, concerned with the relevant subject or 'function, was added as the result of the discussion with the members of the Legislative Council. It was desired by the majority of unofficial members present, and by certain Heads of Departments among the official members.

8. Clause 10 gave rise to considerable discussion in the conference with members of the Legislative Council, and in its present form may be said to be generally accepted. Certain Heads of Departments have suggested that the Clause should specifically prohibit members of Executive Committees other than the Chairman from corresponding with Heads of Departments. I feel, however, that such an explicit prohibition, which is Ministers will clearly implied in Clause 9, might give offence, and is unnecessary have to learn to control their Committees; minor difficulties will arise, but it is impossible to prevent them all by an unduly rigid set of instructions, and much must of necessity be left to experience and good sense.

9. Clause 15 has given rise to a good deal of discussion. A number of unofficial members of the Legislative Council desired that each Minister should have a complete set of records of his own. I consider the development of seven fully-fledged Secre- tariats, with complete records of their own, undesirable on the grounds of expense and delay. The additional burden on the finances of the Island which will inevitably be caused by the introduction of the new Constitution will in any case be considerable, and I am strongly averse to the introduction of any system which will swell the ranks of an already large and expensive clerical service. Difficulties may, in fact almost certainly will, occur in working the system outlined in this Clause, and the simplicity .aimed at may not, in practice, he fully attainable, but our original endeavours should undoubtedly be to avoid all unnecessary duplication of records. The second part of the Clause evoked considerable disapproval on the part of unofficial members, many of whom desired to introduce the practice now prevalent in the Colombo Municipal Council, by which any member of a Committee may call for any departmental file and take it to his own house. I need hardly say that their proposal did not meet with the approval of the official members of the Legislative Council, and I need not expatiate upon the delay and chaos which would be the inevitable result of its introduction.

10. No other Clauses of the Statement of Administrative Procedure for Executive Committees appear to me to merit special comment. I have throughout endeavoured to avoid over-elaboration, and, while laying down sound lines of general procedure, to leave details to be solved ambulando.

11. The third part of the Manual, containing the Public Services Regulations, is of considerable importance, as the new Constitution involves important changes of procedure both as regards the making of appointments and as regards the administra- tion of discipline. The regulations are based on Colonial Regulations and on existing General Orders of the Government of Ceylon, and I enclose 12 copies each of a com- parative table dealing with the clauses based on Colonial Regulations, and of a statement showing which Clauses substantially vary or add to the provisions of existing General Orders.

12. In order to make it clear that the procedure in regard to appointments, which, owing to the creation of a Public Services Commission and the necessity for giving certain rights to Executive Committees, has to be prescribed in much greater detail than in existing documents, does not apply to ordinary departmental transfers, I have considered it necessary to attempt a definition of appointments" and "transfers." These definitions will be found in Clauses 55 and 77 respectively. The procedure in regard to appointments is laid down in Clauses 4 to 76. The division into three classes, namely appointments requiring the approval of the Secretary of State, appointments made by the Governor, and appointments made by Heads of Departments, and the procedure for dealing with each class of appointment, follows the lines suggested in paragraph 19 of my despatch of 30th July, 1930, and approved in Your Lordship's telegram No. 111 of 29th August, 1930,† and calls for no special comment. The dividing lines between classes 1 and 2 and classes 2 and 3 are those sanctioned by existing practice. Your Lordship will observe that in the case of whole-time judicial officers other than members of the Civil Service, I have made provision for a Judicial Appointments Board to take the place of the Public Services Commission. This provision was suggested by the Attorney-General, and has the unanimous approval of the Chief Justice and the Puisne Judges of the Supreme Court. It appears to me highly desirable that the body entrusted with the duty of advising

*Not printed here.

+ No. 133.