HC Deb 09 April 1935 vol 300 cc1099-101

9.37 p.m.

Mr. TINKER

I beg to move, in page 162, line 25, to leave out "exercising his individual judgment."

What do these words mean? I take it that the High Commissioner for India is to be appointed for duty in the United Kingdom and the power of appointment is to be exercised by the Governor-General. That brings us back to the old point: Is the Governor-General to have sole control of everything that happens in India or is he to have the advice of any body of people in India as to who the High Commissioner shall be?

9.38 p.m.

Sir S. HOARE

The High Commissioner will have two kinds of duties, one for the Federal Government and the Provincial Governments in India, and the other for the Governor-General acting in his discretion for the reserved departments and for the sphere of government that does not come within the Federal Government of India. As the High Comissioner will have to act in those two capacities it was thought that the proper method of action was that it should be the individual judgment of the Governor-General, namely, that the initiative in suggesting names will be with the ministers, but that the final word should be with the Governor-General.

Amendment negatived.

Motion made, and Question proposed, "That the Clause stand part of the Bill."

9.39 p.m.

Mr. H. WILLIAMS

An Amendment in my name has not been selected, but the Secretary of State has completely established the case for it, because he has said that the High Commissioner has to act in a double capacity, and I want to ask him about that. The Clause says that the High Commissioner "shall perform on behalf of the Federation" certain reserve and transferred functions such functions in connection with the business of the Federation, and in particular in relation to the making of contracts, as the Governor-General may from time to time direct. When we use the words "Governor-General" without any qualification "in his discretion or in the exercise of his individual judgment," that means, I presume, as the Governor-General, as advised by his ministers, may direct? Therefore, we have the extraordinary situation that though the High Commissioner is performing functions in respect of reserve services, where the ministers have no right to tender advice at all, nevertheless when the High Commissioner is doing that he shall act as the Governor-General acting on the advice of his ministers, may direct him.

Sir S. HOARE

It is not so.

Mr. WILLIAMS

The Secretary of State says it is not so. The Governor-General comes in because he can refuse the advice of his advisers. But there are in the Clause the words "as the Governor-General may from time to time direct." So far as I am aware, wherever in the Bill either the Governor-General or the Governor directs, and there are no qualifying words" in his discretion or in the exercise of his individual judgment, "that means as the Governor-General or the Governors are advised by their ministers, and the Governor-General must take their advice. Therefore, when the Secretary of State says that it is not so, I am very glad, because it means that the Secretary of State and I are in agreement on this, namely, that when the High Commissioner is performing a function in respect of reserve services the High Commissioner has to take the instructions of the Governor-General acting in his discretion. If that is the right hon. Gentleman's interpretation I shall be glad if he will tell me what other words in the Bill make that clear, and if there are no other words will he agree on Report to include such words.

Sir S. HOARE

I am informed that it is quite clear in the Bill, but I will look further into the point.

Question, "That the Clause stand part of the Bill," put, and agreed to.

Clauses 283 and 284 ordered to stand part of the Bill