HC Deb 22 March 1935 vol 299 cc1555-6

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

2.58 p.m.

Colonel WEDGWOOD

I have down an Amendment to leave out Sub-section (1). I should like to get from the right hon. Gentleman an explanation of what this Clause says, namely, that, The executive authority of a Province extends to excluded and partially excluded areas therein. That, as I read it, means that the authority of ministers in their executive capacity extends to these excluded areas. Does that mean that the policing of the excluded areas, and the responsibility for justice and education in these excluded areas, will be under the administration of the responsible minister and not under the Governor himself? It is also laid down that, notwithstanding anything in this Act, no Act of the Federal or Provincial Legislatures shall extend over those areas unless the Governor by public notification so directs. As I read it, the normal rule would be that all administration—justice, police and education— unless the Governor makes a definite pronouncement in the matter, will extend to these excluded and partially excluded areas.

2.59 p.m.

The SOLICITOR-GENERAL

The executive authority of the Province extends to excluded and partially excluded areas and that executive authority is vested in the Governor. That means the Governor advised by his ministers. If one looks at Sub-section (3) of this Clause, it is laid down that: The Governor shall, as respects any area in a Province which is for the time being an excluded area, exercise his functions in his discretion.

Colonel WEDGWOOD

But that is only in excluded areas.

The SOLICITOR-GENERAL

I am sorry if I misunderstood the right hon. and gallant Gentleman. So far as excluded areas go, it is quite clear that everything is entirely within the Governor's discretion. So far as partially excluded areas go, everything is not entirely within his discretion. This really means that Acts do not apply unless the Governor by public notification so directs. There is also the rulemaking power under Sub-section (2). Subject to that, as I understand it, the executive authority of the Province would apply to partially excluded areas.

Colonel WEDGWOOD

It seems to me that there are a large number of areas partially excluded and only four totally excluded. As I understand it, the executive authority is the executive authority of ministers, unless the Governor in specific departments directs otherwise.

3.1 p.m.

Lord E. PERCY

May I read the Subsection? The executive authority of a Province extends to excluded and partially excluded areas therein, but, notwithstanding anything in this Act, no Act of the Federal Legislature or of the Provincial Legislature shall apply to an excluded area or a partially excluded area, unless the Governor by public notification so directs. Is that plain?

Clause 93 ordered to stand part of the Bill.