MR. DUNDAS WHITE (Dumbartonshire)I beg to ask the Under-Secretary of State for India whether, in view of recent events, he will now take the opinion of the Law Officers of the Crown, or of any independent counsel of suitable standing, as to whether the ecclesiastical law of England as to the effects of consecrating churches applies in British India, and as to whether, according to the law of British India, the fact that a Government church has been consecrated with the permission of the Government confers the exclusive right to use it for Anglican services, placing before Parliament these opinions and the reasons on which they are based.
I beg also to ask the Under-Secretary of State for India whether he will consider the advisability of maintaining the rights of general use in any Indian garrison church which has been recently consecrated merely by permission of the Indian Government and without any undertaking as to its future use, unless and until those who claim the exclusive use of that church have established that claim in the Courts of Law.
§ THE UNDER-SECRETARY OF STATE FOR INDIA (Mr. BUCHANAN,) Perthshire, E.I may perhaps answer these questions by referring the hon. Member to the Memorandum presented to Parliament before Easter, which gives the purport of the opinions obtained from the law officers of the Crown, and from independent counsel of standing. The Secretary of State does not think it necessary to take further legal advice, and, in view of the opinions already given, and of the considerations referred 1126 to in the Memorandum, he does not think it advisable to take the course suggested in the hon. Member's first Question.
*MR. DUNDAS WHITEAre we to understand that the advice of the law officers is to the effect that the English ecclesiastical law as to the effects of consecration applies in British India?
§ MR. BUCHANANThat is not exactly the point which was referred to the law officers. It was what was the exact legal position of the Government of India after it had allowed the consecration of the churches under the regulations which have been set forth.
*MR. DUNDAS WHITEWill the right hon. Member take steps to ask the opinion on the question whether that ecclesiastical law applies in British India?
§ MR. BUCHANANNo, I do not think we can ask the law officers for an opinion on that somewhat general question.
MR. DUNDAS WHITEI beg to ask the Under-Secretary of State for India, how many Indian Government churches have been consecrated since 1st January, 1901, stating in each case the place of the church, the date of the consecration, whether that consecration was effected at the request or merely with the permission of the Indian Government, and, in view, of the reference to private subscriptions in the recent memorandum, whether private subscriptions for the building or maintenance of the church had been asked from and received from Presbyterians and other non-Anglicans; and whether in the applications for these subscriptions it was stated that the church was to be used exclusively for Anglican services.
§ MR. BUCHANANI understand the hon. Member's Question to apply to Government churches at military stations. Of these three have been consecrated since 1st January, 1901, viz., at Ranikhet, at Jhansi, and at Cherat. At the first and last-named of these places the churches had been built, with the aid of private funds, before the decision not to allow 1127 any more garrison churches to be consecrated was arrived at; and at both of these places unconsecrated churches are now being built. At Jhansi a consecrated church already existed, and when the new church was consecrated, the old church was made over for the use of non-Anglican Protestants. In all these cases the churches were consecrated with the permission, and not at the request, of Government. The Government of India have no information as to the denomination to which the subscribers belonged, nor as to the statements made by those who applied for subscriptions.