HC Deb 09 April 1935 vol 300 cc1115-6

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

10.30 p.m.

Viscount WOLMER

I should like to ask the Government whether the drafting of this Clause is not very involved. I would call the attention of the Committee to the wording: The Governor-General in Council and the Governor-General, both as respects matters with respect to which he is required by or under this Act to act in his discretion and as respects other matters, shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the Secretary of State… We have an Amendment down, which has not been selected, but I think that, on the question of the Clause standing part, the question ought certainly to be raised whether we should not insert words limiting the authority of the Secretary of State. Our Amendment was, in page 172, line 19, after the word "shall," to insert the words "subject to the provisions of this Act for the time being in force." Without some words of this sort, it would appear that the Secretary of State by this Clause is empowered to give orders to the Governor-General, which the Governor-General is bound to pursue. The Secretary of State might even give orders contrary to the provisions of the Act. For instance, the Secretary of State might order the Governor-General not to put forward recommendations in accordance with Clause 285 of the Bill before a period of 10 years had elapsed. Surely, in a sweeping Clause of this sort, there ought to be some words limiting the action of the Secretary of State himself to the powers conferred upon him by the Section.

10.33 p.m.

Sir S. HOARE

The object of this provision is to continue the present control of the Secretary of State. It would not be possible to order the Governor-General not to put forward resolutions in the way that my Noble Friend mentions, because, ex hypothesi, such resolutions must be presented to Parliament. All that this Clause does is to keep the control of the Secretary of State exactly as it is now, with the one exception so far as provincial autonomy is concerned. When provincial autonomy is set up, the position of the Secretary of State will be that set out in the Bill in connection with provincial autonomy. So far as the centre is concerned, the Secretary of State's control will continue just as before.

Viscount WOLMER

Where is that stated in the Clause?

Sir S. HOARE

This Clause only deals with the Governor-General.