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Amendment made: In page 78, line 32, leave out "no action should be taken by him in the matter," and insert:
the issues involved are not of sufficient importance to warrant such action."—[Sir S. Hoare.]
§ 6.53 p.m.
§ Sir S. HOAREI beg to move, in page 79, line 22, to leave out from "proper," to "and," in line 24, and insert:
Provided that if, before the Governor-General has given any decision, the Government of any Province or the Ruler of any State affected request him so to do, he shall refer the matter to His Majesty in Council and His Majesty in Council may give such decision and make such order, if any, in the matter as he deems proper.(6) Effect shall be given in any Province or State affected to any order made under this Section by His Majesty in Council or the Governor-General.This is the first of a series of Amendments which have this single objective. We have come to the conclusion that in the cases where the special procedure has been adopted of settling water rights we ought to maintain the ultimate appeal to the Secretary of State. At the present time in cases of this kind there is an ultimate appeal to the Secretary of State, but without these Amendments it might appear that the appeal had been abolished and that the Governor-General would have the final word. In the interests of the Provinces and the Indian States it is better to keep the ultimate appeal to the Secretary of State. Hon. Members will agree that this may involve questions of immense importance to immense populations, whether in the Indian States or in the Provinces, and the object of the Amendments is to retain the appeal which at present exists.
§ Amendment agreed to.
§ Further Amendments made: In page 79, line 27, leave out "Provided that," and insert "(7) Subject as hereinafter provided."
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In page 79, line 33, leave out "whether by himself or by a predecessor of his," and insert:
Provided that, where the application relates to a decision or order of His Majesty in Council and in any other case if the Government of any Province or the Ruler of any State affected request him so to do, the Governor-General shall refer the matter to His Majesty in Council, and His Majesty in Council may, if he considers proper so to do, vary the decision or order.
§ In line 34, after "by," insert "His Majesty in Council or."—[Sir S. Hoare.]
§ Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."
§ Mr. MORGAN JONESI notice the word "finance" in Sub-section (I), and the problem is whether disputes might arise concerning taxation in connection with any of these water supplies. Is it possible that such a problem can be relegated to a commission? I understand that it is merely a question of administration?
§ The ATTORNEY-GENERALIt deals with the use and control of water supplies.
§ Clause 131 ordered to stand part of the Bill.