HC Deb 08 February 1911 vol 21 cc270-2
EARL of KERRY

asked the Secretary of State for the Colonies, whether the High Commissioner of South Africa acts on his own discretion or on the instruction of the Secretary of State in exercising the prerogative of the Crown in the Protectorates or other regions outside the self-governing territories of the South African Union?

Mr. HARCOURT

I presume that the Noble Lord is referring to the prerogative of mercy. In the exercise of this prerogative of the Crown it is the practice for the High Commissioner to act on his own discretion, and not under instructions received through a Secretary of State.

EARL of KERRY

May I ask the right hon. Gentleman whether the decision arrived at by the High Commissioner in the manner he has described can be subsequently reviewed or altered if thought advisable by the Home Government?

Mr. HARCOURT

If the prerogative of the Crown is deliberately transmitted to the High Commissioner I do not see how the Secretary of State could revise any action taken in that respect.

Mr. WALTER LONG

Arising out of the previous answer, would the Secretary of State tell the House upon whose advice the High Commissioner relies for information in coming to these decisions?

Mr. HARCOURT

I cannot tell the right hon. Gentleman that. I assume that the High Commissioner would depend upon the advice of Ministers, if there are Ministers available, and, of course, on that of the judge and counsel concerned in the case.

Mr. WALTER LONG

Is it not the fact that with regard to that part of South Africa where this deplorable incident occurred there are no responsible Ministers upon whom the High Commissioner could rely; is it not a fact that the Ministers who act for United South Africa have no jurisdiction in Rhodesia, and, consequently, the High Commissioner cannot rely upon their advice? What I desire to make clear is this: Whether the Secretary of State can tell us who is the official who acts as adviser to the High Commissioner in dealing with these questions outside the jurisdiction of the Government of United South Africa?

Mr. HARCOURT

I thought the right hon. Gentleman was putting a question about the action of the Governor-General or High Commissioner. I answered the right hon. Gentleman in the saving words: "Ministers where they are available," in order to meet this case. I cannot tell him, of course, who advised the High Commissioner in this matter.

Sir GILBERT PARKER

Do we understand that the High Commissioner of South Africa did not consult this Government before coming to his decision concerning the revision of the sentence upon the native concerned?

Mr. HARCOURT

Certainly not.

Viscount HELMSLEY

Are these answers intended to convey the impression that the Home Government have no comment to make upon such an exercise as this of the prerogative by the High Commissioner?

Mr. HARCOURT

Let me say at once that the Home Government have complete confidence in the High Commissioner and have never once thought of commenting upon his exercise, as Governor-General or High Commissioner, of his discretion in regard to the Royal Prerogative which has been specifically handed to him.