30. Mr. Creech Jonesasked the Secretary of State for the Colonies whether he will withhold his consent from the Native Tenants Land Ordinance in Kenya on the ground of the heavy penalties imposed on Africans for breach of contract, the 1758 decreased security given to the natives, the increased period of compulsory labour, and other reactionary amendments to the previous Ordinance?
§ Mr. Ormsby-GoreThere is no such thing as a native tenants ordinance, and I assume that the hon. Member is referring to the Resident Labourers Ordinance which has recently been passed by the Legislative Council. Before its introduction the Ordinance received my careful consideration, and I do not propose to advise that it be disallowed on any of the grounds mentioned. The Ordinance actually provides for reduced penalties as compared with those in the law as it stands. The Ordinance, like the legislation which it is to replace, prescribes the conditions on which native labourers leaving their reserve may enter into voluntary contracts of employment on non-native farms; it does not impose compulsory labour. I have been informed by the Governor that it is not proposed to bring the Ordinance into operation until satisfactory provision can be made for the accommodation on other lands of any natives who may be required to leave farms when their existing contracts of service have expired.
Mr. Creech JonesCannot assent to these proposals be deferred pending further consideration of the matter of compulsory labour; and is it not a fact tha the Ordinance does definitely increase the number of days of compulsory labour, and that there are heavy penalties embodied in it?
§ Mr. Ormsby-GoreI answered the last supplementary question last week. There is no reference to compulsory labour in this Ordinance. That is dealt with in an entirely separate Ordinance. This is entirely a matter of dealing with voluntary contracts entered into by labourers.
§ Mr. AmmonIs it not a fact that the Ordinance does lay down that labour must be supplied and fixes a period of compulsory labour?
§ Mr. Ormsby-GoreIf they contract to go out of the reserve to a farm, bringing their cattle and the like with them, then it has to be for a certain period. It is a contract of service, and it provides for so many days service in that contract year.
§ Mr. Ormsby-GoreThere is no suggestion that any native need leave his reserve to go to any particular employer. If he goes to reside outside the native reserve on a European farm, the relations between employer and employed should be regulated and minimum wages should be laid down.