BURMA (FAILURE OF CONSTITUTIONAL MACHINERY) (Hansard, 2 April 1947)

§ The Under-Secretary of State for India (Mr. Arthur Henderson)
I beg to move, That this House approves the continuance in force of the Proclamation issued under Section 139 of the Government of Burma Act, 1935, by the Governor of Burma on 17th October, 1945, a copy of which Proclamation was presented on 22nd February, 1946. The reason for this Motion is very straightforward. I think the House will recollect that under legislation passed in 1945 the Governor of Burma was authorised to establish an Executive Council and a Legislative Council to assist him in carrying out his special responsibilities. The Governor was authorised to do so by way of proclamation. Under Section 139 of the Government of Burma Act, 1935, a Proclamation remains in force for a period of only six months, unless it is continued by a Resolution passed by both Houses of Parliament. A Proclamation was, in fact, issued by the Governor in October, 1945. That was followed by Resolutions of Approval in April, 1946, and it is now necessary to continue the Order in Council by passing a Resolution which I am asking the House to do tonight.

§ Mr. R. A. Butler (Saffron Walden)
The right hon. and learned Gentleman has dismissed this matter in a very few words, which in itself is a mark of some value on his part as a Minister, but I think it is legitimate to explain that this question of extending this life of the Executive 2140 Council and of the Legislative Council, unless I am very much mistaken, does entail problems of considerable importance for the future of Burma. For example, it raises the question of a definite time table for the reforms in Burma, because we should want to know whether the right hon. Gentleman will be coming back to this House on future occasions for the purpose of asking for an extension of this Order. I would like to ask whether he intends to have an extension, and also what sort of time table the Government have in mind in dealing with the Burma problem. These Orders which have to come to us are of great importance. We cannot let them by without at least a query, and, in view of the situation in Burma, I think we are entitled to ask that sort of question.
As we all know, Burma has suffered, perhaps more than any other part of the British Commonwealth in the war. It has suffered from extensive damage, and the damage is such that it will take a long time to repair. In the midst of this damage, we are—perhaps many hon. Members will think rightly—pursuing a policy of developing self-governing institutions, but the very difficulties of Burma make this course very hazardous and one which we should examine most carefully. Therefore, when the right hon. Gentleman asks for an extension of this method of providing for the government of Burma, for which he asked in April, 1946, and for which he may well ask again six months hence, it is legitimate for us to ask what the time table is, whether we are likely to have a similar request again in six months' time, and whether he can give us any further information on these points.

§ Mr. A. Henderson
So far as the last question is concerned, I can assure the right hon. Gentleman that there will not be such a request in six months' time because, as he will remember, the Motion that is now before the House would authorise the continuance of these powers for a period of 12 months. Of course, the total period during which this Proclamation is operative is the maximum of three years from the original date.

§ Mr. Butler
What would that date be?

§ Mr. Henderson
It would be October, 1948. As regards information as to a possible time table, I would remind the 2141 right hon. Gentleman that under the terms of the agreement which was arrived at in London in January of this year, it was provided that during the period of transition the government of Burma will be carried on as at present, under the special powers o Section 139 of the Act of 1935, and the Government of Burma (Temporary Provisions) Act, 1945, together with any Orders in Council made there-under.
The main action that has been taken, as the right hon. Gentleman well knows, was the Proclamation issued in December, 1942, just prior to the invasion of Burma by the Japanese. That is the constitutional basis upon which the Governor of Burma operates today, together, of course, with the various Orders in Council and Proclamations that have been made. All I can say with regard to the time-table is, that the date upon which we would hope to cease coming to this House for authority to have these Proclamations confirmed, and to ask for approval of Orders in Council, will depend upon the tempo of the work of the constitutional Constituent Assembly, which will meet soon, after the Elections in Burma, which, as the right hon. Gentleman again knows, are to take place in a few days', time. I do not think he would expect me to be able to give any more specific information until we see how the work of the Constituent Assembly makes progress.