HC Deb 31 October 1906 vol 163 cc1091-2
MR. F. E. SMITH (Liverpool, Walton)

To ask the Under-Secretary of State for the Colonies whether a telegram was sent to Lord Northcote informing him in † (4) Debates, cliii., 1223. effect that the proposed grant of a shipping preference contained in the Australian Imperial Preference Bill was contrary to international treaty obligations; if so, what was the date of such telegram and what treaties and what clauses of such treaties were relied upon as prohibitive of the shipping preference in question; whether the Law Officers of the Crown were consulted before the telegram was sent; and, if not, whether any legal advice was taken on the proper construction of such treaties.

(Answered by Mr. Churchill.) The Secretary of State was not aware until 3rd October that a Bill, giving preference to British goods imported in British ships was actually before the Commonwealth Parliament. He thereupon telegraphed to the Governor-General on 4th October, stating that the Board of Trade had pointed out that while the right to give preference in respect of British goods was beyond question, preference to such goods by reason of British nationality of vessel carrying them would seem to be a violation of several treaties binding some or all of the Australian Colonies. The principal treaties in question are the treaties with Egypt 1889, Greece 1886, Italy 1883, Japan 1894, and Russia 1859, all of which contain articles expressly providing that goods may be imported in vessels of the foreign country in question without being liable to higher duties than if they are imported in British vessels. As the Bill was expected to pass in a few days, it was not possible to consult the Law Officers as to the meaning of these articles, but the whole question of the treaties will be further considered when the Secretary of State receives the Bill which the Governor-General has reserved for the signification of His Majesty's pleasure.