§ 23. Mr. HICKSasked the Secretary of State for the Colonies whether the memorandum of the chief native commissioner, Kenya, explaining the process of prospecting licences and mining leases, was submitted to him before publication; the date of such submission; whether he suggested any amendments to the memorandum, and the nature of the amendments: what date appears upon the memorandum as published; what was the date and mode of publication; and whether the memorandum was issued by the chief native commissioner in English or in the vernacular?
§ Sir P. CUNLIFFE-LISTERThe reply to the first part of the question is in the negative; the second and third parts do not therefore arise. The date borne by the memorandum is 17th October, 1932. As I have already explained to the House, there appears to have been some delay, due to local misunderstandings in the 991 translation of the memorandum. Its contents have, however, been fully explained to the natives by the administrative officers, and it has now been printed in Swahili and the local vernacular and is being generally circulated in the district concerned.
39. Mr. VYVYAN ADAMSasked the Secretary of State for the Colonies when the memorandum drawn up by the Chief Native Commissioner of Kenya, which was translated into the vernacular, was issued to the natives of the Kakamega area; into which of the several vernaculars of that area it was translated; and who was the translator?
§ Sir P. CUNLIFFE-LISTERI would invite my hon. Friend's attention to the reply which I have just given to a similar question by the hon. Member for East Woolwich (Mr. Hicks). I presume that the vernacular used was that which is most readily intelligible to the natives concerned. I do not know the name of the translator.
Mr. ADAMSWould my right hon. Friend consider some information which I can give him on this point, which would not be in order in a supplementary question?
§ Sir P. CUNLIFFE-LISTERI am always glad to receive information.
§ 40. Mr. GEORGE HALLasked the Secretary of State for the Colonies the date upon which the draft Bill to amend the Kenya Lands Trust Ordinance was submitted to the Morris Carter Commission for consideration; the dates of the meetings of the Commission when the Bill was considered; whether the Commission suggested any amendments to the draft Bill, and, if so, the nature of the amendments and whether they were accepted; and whether the agreement of the members of the Commission to the draft Bill was unanimous?
§ Sir P. CUNLIFFE-LISTERThe Governor informed me in a telegram of 7th November that the Carter Commission had been consulted and had agreed to the draft Bill as an interim Measure, without prejudice to any recommendations which they might make in their Report; and that they had further agreed that the economic prospects were such as to justify and require prompt action in the 992 matter. I have no reason to suppose either that the Commission suggested any amendment, or that their agreement was not unanimous.
§ Colonel WEDGWOODCan the right hon. Gentleman say when it is likely that the Morris Carter Commission will report?
§ Sir P. CUNLIFFE-LISTERNo, I cannot say for certain.
§ 15. Mr. T. WILLIAMS (for Mr. LUNN)asked the Secretary of State for the Colonies whether gold has been found on any land alienated to Europeans in Kenya; and whether any prospecting rights or exclusive prospecting licences have been granted in respect of such land?
§ Sir P. CUNLIFFE-LISTERDiscoveries of reputed gold bearing have been made on alienated lands near Eldoret, Kitale and Sotik and claims have been pegged. Prospecting rights are not granted for any particular area but are operative over all open areas in the Colony. No exclusive prospecting licence has yet been granted over the alienated lands to which I have referred but I understand there have been several applications.
§ 16. Mr. WILLIAMS (for Mr. LUNN)asked the Secretary of State for the Colonies if he will state the period from date of issue for which prospecting rights may be granted in Kenya under the mining ordinance in force; whether, at the expiry of this period, a prospecting right may be renewed; and whether he proposes to instruct the local government to refuse to grant any further prospecting rights for the present?
§ Sir P. CUNLIFFE-LISTERA prospecting right is in force for one year from the date of issue. At the end of a year a fresh application would be necessary for the issue of a new right. The reply to the last part of the question is in the negative.
§ 17. Mr. WILLIAMS (for Mr. LUNN)asked the Secretary of State for the Colonies whether he is aware that under the Kenya Mining Ordinance, No. 1, of 11th February, 1931, the area of an ex clusive prospecting licence was limited to eight square miles; whether this pro- 993 vision of the ordinance has since been amended; and, if so, whether he will state the date and terms of the new provision and the object of the amendment?
§ Sir P. CUNLIFFE-LISTERThe Sub-section of the Mining Ordinance to which the hon. Member refers reads as follows:
18 (4) An exclusive prospecting licence shall not. be granted in respect of any area exceeding eight square miles, provided that under special circumstances the Governor may at his sole discretion grant exclusive prospecting licences over areas exceeding eight square miles upon such terms and conditions as he may think fit.This Sub-section has not since been amended.
§ Mr. WILLIAMSWill the right hon. Gentleman reply to the last part of the question?
§ Sir P. CUNLIFFE-LISTERThe last part of the question asks me to state the date and terms of the new provisions and the object of the amendment. The answer is that this Sub-section has not been amended.
§ 20. Sir W. JENKINS (for Mr. JOHN)asked the Secretary of State for the Colonies under what instrument minerals in Kenya were vested in the Crown, the date of such instrument, and the provisions?
§ Sir P. CUNLIFFE-LISTERThe hon. Member's reference is invited to Section 7 of the East African Order in Council made on the 11th August, 1902, which provided that all mines and minerals in, under or upon lands in native occupation should vest in the local representative of the Crown. The Kenya Colony Order in Council of 27th June, 1921, which, repealed the Order of 1902 declared that all lands in the colony were Crown lands and that all rights in them should be vested in the Governor in trust for His Majesty.
§ 30. Mr. TINKER (for Mr. PARKINSON)asked the Secretary of State for the Colonies whether he has been invited, under the Native Lands Trust Ordinance, 1930, Section 15, to approve of the exclusion of any areas of land exceeding 200 acres from a native reserve in Kenya on the ground that the local native council or the African member or members of the local board have objected to such exclusion; and, if so, whether 994 such approval was given and will he give full particulars?
§ Sir P. CUNLIFFE-LISTERThe reply to the first part of the question is in the negative; the second part does not therefore arise.
§ 41. Mr. G. MACD0NALDasked the Secretary of State for the Colonies how many exclusive prospecting licences have been granted in the Kavirondo reserve of Kenya; the names of the persons or companies to whom they were granted; the date of the licences; the period for which they were granted; and the area covered by each licence?
§ Sir P. CUNLIFFE-LISTERI am asking the Governor of Kenya to furnish me with the particulars desired, and I will communicate them to the hon. Member on receipt.
§ 42. Mr. G. MACD0NALDasked the Secretary of State for the Colonies whether he proposes to take any steps to prevent the grant of prospecting rights in Kenya to persons from overseas or adjoining territory; and whether he will consider as one of the means of doing so a statutory provision that no prospecting right shall be leased to a person who cannot prove at least 12 months' continuous previous residence in the Colony or Protectorate?
§ Sir P. CUNLIFFE-LISTERNo, Sir. The Governor is fully alive to the importance of preventing the entrance to the goldfields of undesirable persons; but I see no justification for excluding prospectors from outside the Colony who comply with the conditions laid down.