HC Deb 28 March 1935 vol 299 cc2146-7

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

6.32 p.m.

Mr. ANNESLEY SOMERVILLE

I am wondering if there is a difference of opinion in regard to any matter between the Federal Legislature and the Provincial Legislature, how far the Federal Legislature, under this declaratory Clause, can depend upon the Provincial Legislature carrying out the Federal law. Let me take as an example one of the subjects in the Concurrent List. Let me take a subject that would not be a serious subject but one which might give rise to a considerable difference of opinion. Mechanically propelled vehicles is one of the subjects in the Concurrent List. The Federal Legislature might enact a speed limit of 25 miles and the Provincial Legislature a speed limit of 35 miles, or vice versa. It would be very difficult for the Federal Legislature to obtain respect in the Provincial Legislature for the speed limit that they had enacted. The whole structure of the arrangement depends upon good will and I hope sincerely that we shall get that good will. It is quite clear to me that the whole system depends on good will.

6.34 p.m.

Sir S. HOARE

My hon. Friend is quite right. The structure of this Federation and, indeed, of every Federation in the world depends upon good will. Nowhere in the world that I know of is there any sanction under which the Federal Centre can compel the Unit to act against the will of the Unit, but we have to assume that the Units are going to attempt to carry out their duties under the Act, in good faith. We also have to remember that the Federal Government itself will be composed of representatives of the Units, and the Federal Legislature will be a Legislature elected so far as both its Chambers are concerned by the Provincial Councils and the Federated States. That being so, the Committee will see that there is the closest possible connection between the Units and the Centre and that in itself should make for co-operation and good will. My answer to my hon. Friend's question is the answer that he gave himself, namely, that the Federation must depend upon the good will and the cooperation of the Units. So far as the good will of the Units is concerned, we have done our best to ensure it by making the closest possible connection between the Legislatures and the Governments of the Units and the Legislatures and the Governments of the Federation.

Mr. A. SOMERVILLE

I thank my right hon. Friend for what he has said, and although the members of the Federal Legislatures are to be elected by the Provincial Legislatures, still the majority of the Federal Legislature may be of a different complexion from the majority in the Provincial Legislatures and therefore difficulty might arise.

6.36 p.m.

Sir J. WARDLAW-MILNE

May I say that many weeks have seen spent over this subject, and I think it has been almost as much said that the Federal Centre would be run by the Provinces as it has been said that the Provinces would be entirely at the mercy of the Centre. I think there will be just as many who hold the one view as the other. Probably the truth lies half-way between them. Whether that be so or not, one thing is sure and that is that Indians are human beings like anyone else, and there will be fights between the Centre and the Provinces, as there are in America and everywhere else where there are similar Governments. I think that everything has been done to ensure that Provincial interests will be represented at the Centre.