CAB129-33 — Page 363

Frinted for the Cabinet. March 1949 Page 362 of 488 187

SECRET

C.P. (49) 62

10th March, 1949.

CABINET

Copy No.

31

CONSTITUTIONAL DEVELOPMENT IN SMALLER COLONIAL TERRITORIES

MEMORANDUM BY THE SECRETARY OF STATE FOR THE COLONIES

1. The annexed paper C.A. (48) 19 (Annex A) was considered by the Commonwealth Affairs Committee on 19th January (C.A. (49) 1st Meeting). The Committee endorsed the proposal that an enquiry should be carried out into the question of constitutional development in the smaller Colonial territories and invited me to submit detailed proposals to the Cabinet regarding the constitution and terms of reference of a Committee to undertake this investigation and the procedure which they should follow.

2. The Commonwealth Affairs Committee noted that the Colonial territories fall into three main classes :-

(i) Those which are potentially capable of achieving responsible Govern-

ment;

(ii) Those which can combine to form units capable of responsible Govern-

ment; and

(iii) Those which fall into neither of the above categories.

3. In regard to category (ii), considerable progress (of which examples are given in paragraph 5 of the annexed paper) has been made in associating British Colonial territories together in geographical regions. That process continues. But in a number of small territories internal constitutional develop- ments have gone forward ad hoc. While these developments have engaged the constant attention of the Colonial Governments concerned and the Colonial Office, the ultimate structure and status of these territories has not been the subject of an enquiry, nor has there been any comprehensive study of the constitutional problems or of such questions as whether developments have been based on right principles, whether political and legal institutions are growing up on the lines must suitable to the needs of the individual peoples, and how far genuine local

government is being made the foundation for further stitutional growth.

4. I recommend that the terms of reference of the new Committee should be as follows :

(i) To enquire into the present constitutional position of the smaller Colonial territories* and the probable trend of their future political development, and in particular,

(a) to examine the suitability of various modes of constitutional structure and to consider whether it is desirable or practicable to define the ultimate constitutional objective in the case of particular territories or to lay down any general principles on which policy should be based;

(b) to examine the relationship of individual territories towards each other and towards the United Kingdom and to consider how far, by strengthening these relationships or by other means, it may

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be possible to mitigate the parochialism and other handicaps Page 363 of ghich small and isolated communities may be subject and to give the Colonial peoples a genuine sense of partnership in the Commonwealth;

(c) to consider how far the present political, legal and administrative structures within the territories make for healthy political growth, and for efficiency and economy in administration, and in particular whether by adopting simpler forms of Govern ment (such as following the pattern of municipal or local Government rather than the Parliamentary model), or by other means, unnecessary extravagence may be avoided, higher standards of efficiency attained, or fusion or combination made easier.

(ii) To make recommedations in the light of these enquiries.

5. The Committee should consist of an unofficial Chairman, three or four persons of experience in political and constitutional matters, the Legal Adviser to the Colonial Office and Commonwealth Relations Office, and a senior admin- istrative officer of the Colonial Office.

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11.1

6. For the reasons given in paragraph 10 of the annexure, the enquiry should, at any rate for the time being, be conducted in the strictest confidence. I suggest that the Committee should be left to determine its own procedure, bearing in mind that secrecy, at least in the early stages, is essential and is desirable throughout. Visits to individual Colonies at a later stage may well be found necessary, but this should be considered in the light of the initial progress made with the enquiry and the situation in the particular territories at the time.

Colonial Office,

10th March, 1949.

A. C. J.

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