[BILL 151.] COMMITTEE. (Hansard, 5 April 1886)

MR. STAVELEY HILL (Stafford, shire, Kingswinford)
I wish to ask whether this clause has been properly considered with reference to Clause 55 of the Dominion Act of 1857? As I read the clause in the Bill relating to the Legislature of Canada, it will interfere with the relations now established between the Dominion and the Mother Country. If the hon. Gentleman in charge of the Bill will look at the Act, he will find that the power of vetoing a Bill is left entirely in the hands of the hon. Gentleman acting on instructions from home. We are, therefore, in this Clause 3 entirely overriding Clause 55 of the Dominion Act of 1857. That is a serious thing to do. Another point arises here. In 1856 land at Cape Race was, with the consent of the Legislature of Newfoundland, handed over to England for the purpose of establishing a lighthouse there. Now I do not find that there is any Preamble to the Bill which recites the whole story connected with the Acts in the Bill now before the House. There is no recital of any willingness on the part of Newfoundland that the land should be handed over to the Dominion. You are doing this. Newfoundland consented that a piece of its territory should be handed over to the Mother Country, and the Mother Country is going to hand it over to the Dominion, which has no power in the Island, not having joined in the Federation Act of 1867. First, we are taking the territory away from the Island, not keeping it ourselves, but handing it over to Canada; and, secondly, this very important point arises in reference to the clause under which a veto is absolutely placed upon any legislation brought forward in the Dominion Parliament instead of its being, as it is under the Dominion Act, left to the Governor General to say whether that veto should apply. I think it necessary to make these few observations before we dispose of this measure.

§ THE SECRETARY TO THE BOARD OF TRADE (Mr. C. T. D. ACLAND) (Cornwall, Launceston)
In the 55th clause of the Act of 1867, to which the hon. and learned Member (Mr. Staveley Hill) refers, the words occur "subject to Her Majesty's instructions." The 895 words of this Bill merely imply that the Queen shall instruct the Governor General of Canada. With reference to the Government of the Colony of Newfoundland, the first two lines on page 2 recite that that Government has declined to undertake the maintenance of the lighthouse; this is an assertion by implication that that Government has been consulted, which is, in fact, the case. That being so, and the Government of Canada being willing to undertake it, and it being no loss to the United Kingdom, no loss to Newfoundland, but a great advantage to Newfoundland and Canada, I think that the hon. Member will admit that a correct course has been taken in this matter.

MR. STAVELEY HILL
Under Clause 55 of the Act, where a Bill passed by the House of Parliament is presented to the Governor General, it is enacted that he shall be able to declare whether it shall be vetoed by him. With regard to the other point, the hon. Gentleman has given no answer at all. My complaint is that you are taking away a piece of land without the consent of the Legislative Body of Newfoundland. It is perfectly right that we should have the land; but we have no right to say that it shall be given to Canada.

§ MR. ARTHUR O'CONNOR (Donegal, E.)
I ask when or by what authority property in this land was vested in the Newfoundland authorities? By this Bill it would be vested in the Government of Canada. By consent given in 1856 permission was obtained to occupy the land; but I want to know when the Newfoundland authorities alienated the land to Her Majesty? Her Majesty had the right to erect the lighthouse, which has since been maintained at Cape Race with the consent of the Newfoundland authorities, and this Bill does not divest it from them.

§ THE UNDER SECRETARY OF STATE FOR THE COLONIES (Mr. OSBORNE MORGAN) (Denbighshire, E.)
I do not think my hon. and learned Friend (Mr. Staveley Hill) can have read the clause carefully. The clause says that where a Bill passes the Dominion Parliament the Governor General is to act according to his discretion, but subject to Her Majesty's instructions. Well, Sir, how can Her Majesty's instructions be given more solemnly than by Act of Parliament? With regard to the other 896 point, the lighthouse was erected; but I am not aware that it was ever vested in the Government of Newfoundland. I hope the hon. and learned Gentleman will not offer any further opposition to the clause.

MR. STAVELEY HILL
Has the Government of Newfoundland consented to this land being handed over to the Dominion?

§ MR. OSBORNE MORGAN
Yes.

§ THE SECRETARY TO THE BOARD OF TRADE (Mr. C. T. D. Acland) (Cornwall, Launceston)
I would ask that the third reading of this Bill may be taken now. The Parliament of Canada is now sitting, and it is necessary that we should pass this Bill as rapidly as possible, in order that it may come before them.