CAB129-45 — Page 399

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Page 399

report thereon to the federal Government. Reference of all such proposed legislation to the Board would be obligatory. At the time of publication of the Bill the federal Government would be obliged to Image Views 58 the Board upon it knownagetheDegislature in a

440 statement attached to the Bill. If the Board reported that the proposed legislation would in its opinion be detrimental to African interests, it would be open to the Government to introduce and to the Legislature to pass it, but the Governor-General would be required to reserve it for signification of His Majesty's pleasure and the matter would then be referred to the Secretary of State. In the case of subsidiary legislation the Board's report would be referred with the draft legislation to the Governor-General for transmission to the Secretary of State. (ii) To hold a general watching brief in respect of all matters affecting African interests so far as they relate to federal subjects; and in particular to consider and report on any representations made to it by recognised representative bodies on any matter affecting African interests in the administration of the unified services.

(iii) To promote liaison between the three territories in any matters dealing with African affairs. The frequent meeting together of the various Secretaries for Native Affairs and other members would in itself ensure discussion and harmonisation of proposals.

Special responsibilities of Minister for African Interests

3. The Chairman of the Board would be the Minister for African Interests in the federal Cabinet, who would be appointed by the Governor-General from among members representing African interests in the British Central African Legislature. In making and terminating the appointment of this Minister the Governor-General would act on his own discretion but subject to the approval of the Secretary of State. The Minister for African Interests would have the special function in the Cabinet of proposing any measures thought by him to be desirable in the interests of Africans and of considering measures pro- posed by other Ministers to make sure that they were not detrimental to African interests.

4. It is to be expected that normally as a result of the above machinery due regard would be paid in any federal matter to African interests and that any initial difficulties would be removed in course of discussion. But if it were found impossible to arrive at a solution and the Minister were to take the view that any executive action proposed by Ministers would be detrimental to African interests he would have the right to report his view to the Governor-General. It would then be the duty of the Governor-General to certify to that effect and to refer the question to the Secretary of State. Thereupon the proposed action would not be proceeded with until the decision of the Secretary of State had been made known, and the Secretary of State would be able either to give or withhold his approval. It should, however, be provided that in case the Prime Minister were to report to the Governor-General that in his view it was a matter of urgent public necessity that any proposed action should immedi- ately be carried out, the Governor-General would have the authority to certify that, notwithstanding the Minister's objection, action should proceed on grounds of urgent public necessity. The Governor-General would come to his own decision on this question, and this should be made clear in the Royal Instructions. But he would in any case be required to report the whole matter to the Secretary of State.

5. It should be noted that, except to the extent indicated in paragraph 2 (iii) above, the whole of these arrangements would relate only to matters

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