§ MR. D. CRAWFORD (Lanark, N.E.)I beg to ask the Under Secretary of State for India whether, according to the existing rules sanctioned by the Secretary of State, at least a proportion of the three appointments of Presidency Magistrate at Bombay ought to be conferred on natives of India, and that if a European, not being in the Covenanted Service, is appointed, he must have certain special qualifications, and his appointment is subject to the approval of the Secretary of State; whether two of these appointments are now held by Europeans, and the third is vacant; whether there are native gentlemen qualified to fill the vacancy; whether Mr. Webb, proposed by the Bombay Government, possesses the qualifications required by the rules; and whether the Secretary of State will decline to confirm the nomination, and insist on a native being appointed?
§ *THE UNDERSECRETARY OF STATE FOR FOREIGN AFFAIRS (Sir J. FERGUSSON,(for Sir J. GORST) Manchester, N.E.)I have been requested by my right hon. Friend the Under Secretary for India to reply to this question. The answer to the first question of the hon. Gentleman is that there is no such rule 913 The appointment of these Presidency Magistrates is by Section 18 of the Criminal Procedure Code vested in the Local Government without any limitation whatever. The Secretary of State has placed no restriction on the powers of the Local Government, so far as concerns the appointment of the Chief Magistrate and one of the junior Magistrates. But as regards the other junior Magistracy, he has directed that, unless the person to be appointed belongs to the Covenanted Civil Service, or to the Staff Corps, no person other than a native of India shall be appointed without the previous sanction of the Secretary of State. The reply to the second question is that it is believed that two of the appointments are held by Europeans, and that the third is vacant. The Secretary of State says, in answer to the hon. Member's third question, that he has no information. The reply to the fourth question is that Mr. Webb is well qualified, and has already held the office of Chief Magistrate some seven times, and has fulfilled the duties of the office satisfactorily. Perhaps I may say that I remember his appointment on more than one occasion. The reply to the last question is that the Secretary of State is still in communication with the Government of India.
§ *MR. D. CRAWFORDMay I ask the right hon. Gentleman whether there were not instructions by the Secretary of State, following upon the Report of the Public Service Commission, in which it was laid down that such appointments can be conferred on a European, not being a member of the Covenanted Service only, if he is a member of the Bar and acquainted with the language of the country; and whether Mr. Webb possesses either of those qualifications?
§ SIR J. FERGUSSONThe hon. Member must remember that I do not represent the India Office, and that I can give no information as to matters of detail. There is no doubt that as regards a great number of the un-covenanted appointments in India they are restricted, as the hon. Gentleman has pointed out, but that is not the case in regard to the appointment of the Presidency Magistrates. I am not able to say in what vernacular language Mr. Webb can conduct the business which 914 comes before him; but I can say that he was recommended to me on more than one occasion as being competent for this appointment.