HC Deb 02 May 1881 vol 260 cc1551-2
MR. ANDERSON

asked the Under Secretary of State for the Colonies, If, in saying that the Crown agents for the Colonies have, "in the interest of public convenience, an establishment close to the Colonial Office," he meant the House to understand that the office in question is within the Government building, and provided by the Government; if he is aware that these officers have been negotiating loans, with the statement that they did so by direction of Her Majesty's Principal Secretary of State for the Colonies; if Her Majesty's Government has anything to do with the appointment of these officers, or who does appoint them; if it be the fact that a Colonial Government is not a Corporation that can be sued, except under "Petition of Right;" and if, as regards the Cape Government, that remedy is excluded by the circumstance that the Cape Parliament has never passed an Act submitting themselves to that process?

MR. GRANT DUFF

In reply to my hon. Friend's first Question, my reply is "Yes, certainly." The Crown Agents are established, in the interest of public convenience, close to the Colonial Office; but, unlike the other denizens of that large mass of buildings between Charles Street and Downing Street, they pay rent to the Government for the accommodation they require. My reply to his second Question is that I am quite aware that the prospectuses of the loans which they raise for Crown Colonies have the statement in question attached to them, with the further statement that the loans are issued on the security of the revenues and assets of the Colonies. The Secretary of State exercises a close supervision over the finances of Crown Colonies; but the Imperial Government undertakes no responsibility for Colonial loans, direct or indirect, even in the case of Crown Colonies. My reply to the third Question is that these officers are appointed by the Secretary of State for the Colonies as a guarantee to the Colonies who intrust their affairs to them that they are dealing with responsible and efficient persons; but they are paid by the Colonies, not by the Imperial Government, and they enter into engagements with the public on behalf of the Colonies, not of the Secretary of State or of any Member of the Imperial Government. To the fourth Question my reply is that I understand that it has been decided that a Colonial Government cannot be sued as a Corporation. To the fifth Question my reply is that I am informed that the question whether the remedy for the breach of contract made by the Government of the Cape Colony is by a Petition of Right in the Courts of the Cape Colony is now the subject of an appeal before the Privy Council. As, therefore, the Question involves a subject now awaiting judicial decision, I think it would be undesirable for me to express my opinion upon it.