HC Deb 06 March 1935 vol 298 cc1962-3

3.58 p.m.

The SOLICITOR-GENERAL

I beg to move, in page 11, line 7, after "under," to insert "Sub-sections (2), (3) and (4) of."

This is a purely drafting Amendment. As the Clause stands, it might have been suggested that Sub-section (5), which says that in the discharge of his functions under the Clause the Governor-General shall act in his discretion after consulting with his Ministers, applied to Sub-section (1), which refers to all executive actions of the Federal Government. It is only intended to apply to Sub-sections (2), (3) and (4), and this Amendment makes that clear.

Mr. H. WILLIAMS

I do not understand why there must be consultation with the Ministers with regard to the matters raised in Sub-section (2). It does not seem to arise in that way, though I understand the significance of the Amendment in respect to Sub-sections (3) and (4).

The SOLICITOR - GENERAL

Subsection (2) is, in a sense, a procedural matter dealing with the ordinary business of the department, namely, "orders and other instruments made and executed." I think it is in the same category as the other two Sub-sections in that it is a matter on which you should be quite clear that the Governor-General has the final discretionary power, after consulting with his ministers.

Mr. WILLIAMS

But these rules may relate to reserved business, and I do not see why in reserved business he must act after consultation with his ministers.

Sir S. HOARE

I think it is inevitable that he should act in consultation with his ministers. After all, the business will not be in completely watertight compartments. It will be essential to consult with the Ministers as to how the rules should be drawn up. It does not in the least detract from the Governor-General's responsibility.

Mr. ANNESLEY SOMERVILLE

The words "in his discretion" usually mean that the Governor-General acts without consultation, but here it says "in his discretion after consultation."

Sir S. HOARE

Certainly, for the reasons I have just given.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.