§ Mr. DEVLIN (by Private Notice)asked the Prime Minister what explanation he has to offer for placing upon the Table an Order in Council transferring powers to the Northern Parliament of Ireland; whether under Clause 72 of the Government of Ireland Act, 1920, these powers cannot legally be transferred until the two Parliaments of Northern and Southern Ireland are functioning simultaneously, or, failing that, until such time as a substitute form of Government has been set up for the Southern Parliament; and whether, in view of this breach of the Act of 1920, the Order in Council will be withdrawn?
§ The PRIME MINISTERThe reasons for adopting this course were explained by me very fully in the course of Debate in this House on Monday, 31st October, in reply to my hon. Friend the Member for South Antrim. If the hon. Member will look at Section 69 of the Act, he will see that express provision is made for the machinery of Orders in Council to accomplish the purposes referred to in that Section.
§ Lieut. - Commander KENWORTHYHow is it that this Order only appeared on the Paper yesterday and that there is no opportunity of a humble Address being presented or any other step taken, in view of the Parliamentary business coming to an end this evening, to discuss the matter further?
§ The PRIME MINISTERI assume that the Order in Council was only drafted, and when it was ready it was placed on the Table of the House. That was only yesterday.
§ Mr. DEVLINIs it a fact that the Order was made on 31st October, and was not placed on the Table of the House until last night. Is it fair to Parliament that an Order of this character has been allowed to remain for 10 days and is laid on the Table of the House on the eve of the Prorogation of Parliament, thus preventing hon. Members from exercising their constitutional right of discussing it?
§ The PRIME MINISTERI think my hon. Friend is quite wrong. He is referring to a totally different Order. I know, as a matter of fact, that the Order was not ready at the end of last week. I had an opportunity of discussing it. It was prepared at the end of last week, and it was adopted at the Council yesterday.
§ Lieut. - Commander KENWORTHYIf the right hon. Gentleman has seen the Order, is he aware that it is a perfectly simple document, which would have occupied no time in its preparation, and is it not very unfair to hon. Members who wish to discuss the matter?
§ Mr. DEVLINWill the right hon. Gentleman consider the desirability, in view of the present condition of the negotiations, of withholding this Order until the House of Commons is really in a position to form a judgment on the result of these negotiations?
§ The PRIME MINISTERThe negotiations can make no difference in so far as this Order is concerned. There is no proposition that the powers of the Northern Parliament should be taken away, and, therefore, before those powers are functioning, it is essential that there should be an Order of this kind, and it is very unfair to the Northern Parliament that its Executive should be paralysed for lack of powers of this kind. 584 When the case was presented by my hon. Friend to the House the other day, the general sense of the House was, that in the interests of equity and fair play they should be conferred upon them immediately.
§ Mr. DEVLINIf that be so, why were these powers withheld so long? Is it not really a fact that there is no one in favour of this Parliament at all, not even the Members of it?
§ Mr. SPEAKERThe hon. Member is really arguing the matter.