HC Deb 04 March 1909 vol 1 cc1572-3
Mr. SMEATON

I beg to ask the Under-Secretary of State for India, in view of the fact that the Indian Councils Bill is in reality little more than a skeleton or procedure Bill, and that the substantive enactments are to take the form of rules and regulations made by the Governor-General in Council, is it the intention of the Secretary of State to lay those rules and regulations before Parliament prior to their becoming operative?

Mr. BUCHANAN

It is in accordance with the established practice, fully accepted by this House on the strong recommendation of Mr. Gladstone in the case of the Indian Councils Act of 1892, that regulations, such as will have to be made under this Bill if it becomes law, should be made by the Government of India, and should become operative without being previously discussed in Parliament, and the Secretary of State has no intention of making any change in this respect.

Mr. SMEATON

Seeing that these rules have the force of law, and are therefore an adjunct to the Act, may I ask whether this House has not the Constitutional right to review an Act passed by itself?

Mr. BUCHANAN

As at present advised, we are merely following the precedents of previous administrations, which allowed a great deal of latitude to the Government of India in settling the details of an intricate Act.

Mr. SMEATON

May I ask, as the regulations have to have the sanction of the Secretary of State, whether it would not be quite reasonable, after such examination, to submit them to this House for review?

Mr. BUCHANAN

That, I think, is the original question in another form.

Sir HENRY COTTON

Is the hon. Gentleman aware that the authority of Mr. Gladstone, behind which he shelters himself, related to a question of the details whereas these rules and regulations affect principles? Does not that alter the case?

Mr. BUCHANAN

I am not prepared to accept the interpretation which my hon. Friend puts on this Bill. I think that the whole of the matters under the Act of 1892 were equally important.

Mr. MacNEILL

Is the hon. Gentleman aware, with regard to Acts of Parliament in this country that rules and regulations are always laid on the Table of the House?

Mr. BUCHANAN

That is under an Act of Parliament.

Sir HENRY COTTON

May I ask whether—

Mr. DEPUTY-SPEAKER

I really think that further questions should be put on the Paper.