HC Deb 26 June 1940 vol 362 c490

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

5.23 p.m.

Mr. Harvey

I should like to ask for information in regard to a Sub-section of this Clause which also occurs in the India Act of 1935 and in the Burma Act of 1935. To a layman, it is one of those Sub-sections which seem to imply that if a Governor-General does an illegal act, it shall stand as legal and no one shall question its legality. That is a provision extremely difficult to understand, and I should like to ask what is the purpose of Sub-section (2), namely, that: The validity of anything done by the Governor-General or Governor shall not be called in question on the ground that it was done otherwise than in accordance with the provision of this Section. There must be some reason which does not appear on the surface for this provision. But unless there is a good reason, I do not see why it should be included in the Bill, even though it occurs in a previous Act.

Mr. Amery

The reason, I think, in each case was to prevent someone instituting vexatious proceedings and establishing that the whole course of action was no longer valid.

Question, "That the Clause stand part of the Bill," put, and agreed to.

Clause 5 ordered to stand part of the Bill.

Bill reported, without Amendment; read the Third time, and passed.