§ 80 and 81. Sir GERALD STRICKLANDasked the Secretary of State for the Colonies (1) whether, as he is the sole 757 judge according to the Malta Constitutional Letters Patent as to what is a matter of defence, his decision has been sought as to whether all the matters covered by the Military Ordinance promulgated on the 4th instant are matters of defence, and is the Ordinance at present in force;
(2) whether he has received representations from Members of both Houses of Parliament as to the advisability of disallowing a military ordinance promulgated in Malta on the 4th of February; and what were the reasons of defence which made promulgation necessary before the representations of this delegation could be considered?
§ Mr. AMERYThe answer to both parts of the first question is in the affirmative. With regard to the second, members of the Delegation of the Empire Parliamentary Association recently in Malta have conveyed to me certain representations respecting the Ordinance made to them locally.
The issue, however, is not one of defence policy, but of the correct legal interpretation of the constitution and, while I saw no reason why the promulgation of the Ordinance should not take place, I am taking into consideration whether the matter may be a proper subject for a special reference to the Privy Council.
§ Mr. T. WILLIAMSAre we to understand that there is a possibility that this Ordinance may be repealed after further consideration has been given to it?
§ Mr. AMERYNo. All the legal advice I could get made it clear to me that this was an Ordinance which undoubtedly fell within the purview of the Maltese Imperial Government, and outside the purview of the local Government in Malta. But, in order to make quite sure, I am endeavouring to see whether special reference can be arranged, or, failing that course, for the matter to he tested by a test action.
§ Sir G. STRICKLANDIn view of the positive and clear appreciation of the legal position by my right hon. Friend, does he not realise that it would be a waste of time and money to make any reference to the Privy Council?
§ Mr. AMERYI took the advice, not only of the legal adviser of the Governor 758 but of my own legal adviser, and, as far as I am concerned, I am quite clear on the point; but I am willing to get the highest legal opinion that can be obtained.