CO129-594-9 Membership of Legislative and Executive Councils 31-12-1945 - 14-1-1947 — Page 31

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Arct

Miss Ruston

We discussed the day before yesterday.

I have since considered this matter further, and have also discussed with Mr. Hastings.

Para. 3(d) of (10) provides:-

"

Provisional appointments can be made only in the circumstances specified in the Constitutional Instruments...

"

In my opinion, the power of provisional appointment created by Clause III of the original Royal Instructions can only be used to fill a vacancy among the Members of Executive Council arising in one or other of the particular events specifically mentioned in that Clause.

For some reason this Clause was not amended by the Additional Instructions of 1938, and so does not contain the useful words " the seat of any such Member shall otherwise become vacant ...", which are now to be found in Clause XIV.

or whenever

From the wording of (32) it sounds to me as if Mr. Hazlerigg will not be appointed to fill a vacancy, but simply as an additional member of Executive Council. If that is so, I do not think he should be appointed "provisionally"; but I see no reason why his appointment should not be limited to one year. As to this, see para. 3(c) of (10).

-

As to the date from which it is to take effect see para. 3(b) of (10), which indicates quite plainly that an appointment should take effect from the date of the instrument by which it is made.

I see that in (24) the Governor asked for approval of other "provisional" appointments to Executive Council and that approval was ultimately` signified in (27). It seems to me that unless these appointments were in fact made in respect of vacancies arising out of one or other of the events specified in Clause III of the Royal Instructions, they were not validly made.

J.A. Prell.

17.7.46.