HC Deb 04 July 1907 vol 177 cc858-60
MR. REES (Montgomery Boroughs)

I beg to ask the Under-Secretary of State for the Colonies whether English Laws in general run, and whether the Workmen's Compensation Act in particular runs, in the British Central Africa Protectorate.

THE UNDER-SECRETARY OF STATE FOR THE COLONIES (Mr. CHURCHILL, Manchester, N.W.)

I must refer my hon. friend to the terms of Section 15 (2) of the British Central Africa Order in Council of 1902. The terms of the section are somewhat difficult to construe, but it is clearly intended to apply the principles of the law of England to the Protectorate. I hesitate to express an opinion, however, as to whether a particular Act is so made applicable; that is a question which can only be authoritatively decided by a competent Court.

MR. REES

Do I understand that the Colonial Office can express no opinion whether this Statute runs or not in the Protectorate?

MR. CHURCHILL

It is a matter which can only be decided by a competent tribunal.

MR. REES

Is the right hon. Gentleman aware that it is a serious matter for companies with salary lists running to tens of thousands of pounds in the Protectorate?

MR. SWIFT MACNEILL (Donegal, S.)

He is not a judge yet.

SIR EDWARD CARSON (Dublin University)

Has not the Government power to make the Act run by Order in Council?

MR. CHURCHILL

I believe it was intended by the Order in Council that British law should run in the Protectorate, but I cannot say if it can be enforced in case of each particular Act.

SIR EDWARD CARSON

But cannot the Government, if it chooses, amend the Order in Council so as to make this Act applicable?

MR. CHURCHILL

suggested that notice should be given.

MR. WILLIAM RUTHERFORD (Liverpool, West Derby)

Is the House to understand that the Under-Secretary does not know what laws obtain in different parts of the Empire?

MR. CHURCHILL

In legal matters I only know what I am obliged to know, and I am not obliged to know more than I have said.

MR. WILLIAM RUTHERFORD

Which is extremely little.

MR. REES

Will the right hon. Gentleman ascertain the opinion of the Law Officers of the Crown so as to enable him to advise me on this point?

MR. CHURCHILL

The hon. Member can obtain, I believe, the highest legal advice at very moderate fees. It is not the function of the Colonial Office to give him legal advice.

MR. REES

I have taken legal advice and got no more precise information than the right hon. Gentleman has given me; hence my appeal to himself.

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