HC Deb 21 June 1926 vol 197 cc11-2
16. Sir GERALD STRICKLAND

asked the Secretary of State for the Colonies whether he is aware that two seats in the Malta Parliament set aside for the trades union council have been kept vacant for two years in view of the proposal of legislation annulling this provision of the constitution by a Bill passed by casting vote; that the Imperial Law Officers declared this Bill never to have become an Act in default of a two-thirds majority required to alter the constitution; the dates on which the Law Officers' opinion was communicated to the Governor of Malta and by him to both Houses; if he is aware of the reasons for which those two seats have continued to be kept vacant notwithstanding the upholding by the Crown of the constitution; and will he ask the opinion of the Law Officers as to whether the proceedings of the Malta Parliament have been valid during the interference with the constitution on the plea of its amendment and in defiance of the Imperial Government since the decision, that a bare casting vote was not a two-thirds majority?

Mr. AMERY

I am aware that under the Malta Constitution Letters Patent provision was made for two seats in the Senate to be filled by members representative of and elected by the Trade Union Council, and that there is as yet no Trade Union Council competent to elect them. A Bill to constitute such a council was passed by the Malta Legislature, but reserved for the Royal Assent, which the Law Officers have advised me cannot be given, as the Bill, not being passed by the requisite two-thirds majority, is invalid. The Law Officers' opinion to this effect was communicated to the Governor on the 9th January, but there has been further correspondence since, and I do not know at what date he communicated it to the Legislature. A final decision was not sent until the 2nd of this month. Pending the provision of legal means for filling these seats, they are still vacant. I do not propose to ask the Law Officers' opinion as suggested in the last part of the question, in view of Section 10 of the Letters Patent, which provides that the Senate shall not be disqualified from the transaction of business on account of any vacancies among the members thereof.