HC Deb 27 February 1935 vol 298 cc1257-8

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

10.27 p.m.

Viscount WOLMER

I rise only to ask the Government a question on the first Sub-section, which appears to raise a rather important point. It says: Subject to the provisions of this Act., the executive authority of the Federation shall be exercised on behalf of His Majesty by the Governor-General, either directly or through officers subordinate to him, but nothing in this section shall prevent the Federal Legislature from conferring functions upon subordinate authorities. I should like to know whether those words would empower the Federal Legislature to derogate from the authority or powers conferred upon the Viceroy by this Measure. It is a fundamental point. Ordinarily one would suppose that nothing the Federal Legislature could do could interfere with what was passed by Parliament, but when we see these words, nothing in this section shall prevent the Federal Legislature from conferring functions upon subordinate authorities. I must ask the Government for an assurance that this does not mean that they have power to detract from the Viceroy's power in this respect.

Sir S. HOARE

The answer to my Noble Friend is that there will be no such power.