HC Deb 14 November 1934 vol 293 cc1941-2
16. Mr. LUNN

asked the Secretary of State for the Colonies whether it is intended in the near future to define the boundaries of the Kenya highlands by Order in Council; and, if so, whether he will communicate to the House the terms of the proposed Order before it is issued in order that an opportunity may be given for discussion in the House?

The SECRETARY of STATE for the COLONIES (Sir Philip Cunliffe-Lister)

As has already been stated in the White Paper summarising the report of the Kenya Land Commission, it is the intention of His Majesty's Government to give effect to the commission's recommendation that an Order in Council should be made defining the boundaries of both the Native Reserves, with the proposed new additions, and the European Highlands. I am not yet in a position to say when the Order will be ready for submission to His Majesty in Council.

As regards the latter part of the question, I am advised that it would be entirely contrary to established practice that the draft of such an Order should be laid before Parliament. But the hon. Member will recollect that the House has already discussed these recommendations of the Land Commission, to which it is proposed to give effect by the Order in Council.


Is it not customary that on a matter of this sort, the House should have an opportunity of discussing it before it comes into operation?


The hon. Member asks me whether I will lay the draft Order in Council. I have gone into the matter very carefully, and I find that it would be entirely unconstitutional to lay a draft of what is a prerogative Order. As regards the discussion, the hon. Member will recollect that I made a very full statement on the general Order in Council in the Debate on the Colonial Office Vote. We discussed it at length then. If further discussion is desired on the subject, no doubt an opportunity will arise on the Colonial Office Vote next year.

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