HC Deb 20 March 1935 vol 299 cc1343-4

10.57 p.m.

Mr. PARKINSON

I beg to move, in page 36, line 20, to leave out Sub-section (2).

The Clause provides that if a provincial governor considers that there is a threat to peace and tranquillity he can declare a state of emergency. In the case of a violent attempt to overthrow the Government he can take upon himself the whole responsibility of dealing with the situation. In Sub-section (2), after he has declared the state of emergency he can delegate to some person of an official character who is not a member of the Legislature, power to speak in the proceedings of the Legislature. That is a principle which ought not to be established by this Bill. It is rather an innovation. I do not know whether it is in operation in any of the Dominions, but if it is, it ought not to be perpetuated by the Bill. If the Governor has the right to declare a state of emergency he should stand on his own responsibility and not delegate it to an official who is not a member of the Legislature. I do not know whether it would be a good analogy to say that if the Lord President of the Council or the Prime Minister were to declare a state of emergency in this country they would, by such a Sub-section as this, have the right to send an official out of Whitehall to take their places in this House. That official would have no power to vote but he could put up a case to defend the Government. Sub-section (4) says: Nothing in this section affects the special responsibility of the Governor for the prevention of any grave menace to the peace or tranquillity of the Province or any part thereof.

One would naturally think that that would cover the whole difficulty. We do not like this delegation of power to somebody who is not a member of the Legislature. If it is necessary to delegate power, it should be to somebody who is a member of the Chamber to which he has been elected. Our objection to Subsection (2), is to the establishment of a principle which we think—

It being Eleven of the Clock, The CHAIRMAN left the Chair to make his report to the House.

Committee report Progress; to sit again To-morrow.

The remaining Orders were read, and postponed.