HC Deb 30 July 1935 vol 304 cc2604-6

Lords Amendment: In page 187, line 5, at the end, insert: Provided that—

  1. (a) any reference to the revenues of the Federation shall be construed as a reference to the revenues of the Governor-General in Council;
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  2. (b) the revenues of the Governor-General in Council shall, subject to the provisions of chapter 1 of Part VII of this Act with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to Provinces and to the provisions of this Act with respect to the Federal Railway Authority (so far as any such provisions are for the time being in force), include all revenues and public moneys raised or received either by the Governor-General in Council or by the Governor-General;
  3. (c) the expenses of the Governor-General in discharging his functions as respects matters with respect to which he is required by the provisions of this Act for the time being in force to act in his discretion shall be defrayed out of the revenues of the Governor-General in Council."

Mr. DEPUTY-SPEAKER

I have to draw the attention of the House to the fact that this Amendment raises a question of privilege.

9.34 p.m.

Lord E. PERCY

This enormous and formidable Amendment has really only one purpose, and that is to provide that in the transitional period the Governor-General shall be able to carry out, as regards British Baluchistan, the powers possessed after the transitional period is over and when the full Federal scheme is in operation.

Question put, and agreed to. (Special entry.)

Lords Amendment: In page 198, line 2, at the end, insert: (4) Any requirement in this Act that the Governor-General shall exercise his individual judgment with respect to any matter shall not come into force until the establishment of the Federation, but, notwithstanding that Part II of this Act has not come into operation, the following provisions of this Act, that is to say—

  1. (a) the provisions requiring the prior sanction of the Governor-General for certain legislative proposals;
  2. (b) the provisions relating to broadcasting;
  3. (c) the provisions relating to directions to, and principles to be observed by, the Federal Railway Authority; and
  4. (d) the provisions relating to civil services to be recruited by the Secretary of State,
shall have effect in relation to defence, ecclesiastical affairs, external affairs and the tribal areas as they have effect in relation to matters or functions with respect to, or in the exercise of, which the Governor-General is by the provisions of this Act for the time being in force required to act in his discretion, and any reference in any of the provisions of this Act for the time being in force to the special responsibilities of the Governor-General shall be construed as a reference to the special responsibilities which he will have when Part II of this Act comes into operation.

9.35 p.m.

The SOLICITOR-GENERAL

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This rather formidable looking Amendment is really in the nature of a drafting Amendment intended to remove possible doubts. In the transitional period Part II of the Bill will not come into operation but there will be found in parts of the Bill which will come into operation then, references, for example, to matters with which the Governor-General deals in his discretion. Paragraphs (a) to (d) of the Amendment refer to parts of the Bill in which there is a general reference to the matters which are placed in the Governor-General's discretion by Part II of the Bill and the main purpose of the Amendment is to make it clear that the court in construing the words "in his discretion" before Part II comes into force, can have regard to those matters which are placed in his discretion by Part II. The first four lines of the Amendment deal with a rather different matter, namely, the words "his individual judgment," which, of course, will not have any application until Part II comes into force but the latter part of the Amendment refers to the special responsibilities under Part II. But for this Amendment it might be thought that these could not be referred to until Part II came into operation. That is the purposes of the Amendment. It deals with the extent to which Part II may be looked to, before it comes into operation, in relation to the words "in the Governor-General's discretion" as referred to in other parts of the Bill.