HC Deb 07 February 1961 vol 634 cc197-9
22. Mr. Wall

asked the Secretary of State for the Colonies what consultations he had with the Nyasaland Executive and Legislative Councils, or with the members of the Nyasaland Constitutional Conference, before the promulgation of the Nyasaland (Electoral Provisions) Order in Council, 1960.

Mr. Iain Macleod

These Regulations were based on the Report of the Working Party set up in accordance with the decision of the Constitutional Conference to study the detailed arrangements for the franchise and the elections. The Governor and I considered this Report in detail both through correspondence and in discussion with the delegates to the Constitutional Conference, before the Regulations were made. There was no consultation with the Executive or Legislative Councils as such, although my hon. Friend will appreciate that most of the members of these Councils were associated with the Conference and were therefore consulted in their capacity as delegates.

Mr. Wall

Would not my right hon. Friend agree that it would have been better to have given time for the Executive Council and the Legislative Council in turn to discuss and debate this problem before promulgating this Order?

Mr. Macleod

No. With respect, I think that the method adopted was a better one. The difficulty about discussing the matter in the Legislative Council would have been that it would be a very one-sided discussion, because many of the important delegates to the Conference, such as those from the Malawi Party, would not be represented. It would, therefore, be better to have the sort of discussions I have indicated.

24 and 25. Mr. F. M. Bennett

asked the Secretary of State for the Colonies (1) if he will allow aliens to register for voting in the Nyasaland General Election; and whether he will make a statement; and (2) how many aliens he expects will be able to register to vote in the Nyasaland General Election under the provisions of the Nyasaland Electoral Provisions Order in Council, 1960.

Mr. Iain Macleod

The Regulations were based on the recommendations of the Working Party Report established by the 1960 Constitutional Conference. The members of the Working Party pointed out that a large number of Africans who were fully integrated into the population and had long been recognised as belonging to Nyasaland were neither British nor British protected persons. They added that there was no administrative way in which these persons could be distinguished and recommended that they should be enfranchised. I accepted this recommendation. The number involved cannot be accurately estimated.

Mr. Bennett

Although, obviously, we all recognise the difficulties involved, could the Colonial Secretary say whether there is any precedent for an Order of this nature enfranchising those who are aliens? Secondly, can he say in that context whether, apart from local consultations—which seem to have been lacking in certain respects, judging by an Answer to another Question—he thinks a step of this constitutional importance ought to have been taken by an Order without the House being consulted?

Mr. Macleod

I do not think that this is quite such a departure as might on the face of it appear. Citizens of the Irish Republic, for example, are entitled to vote in United Kingdom elections. On the general problem, the Working Party, composed of the Senior Administrative Officer and the Solicitor-General, said that there was no conceivable way in which these people could be distinguished and there is no evidence of birth. That being so, it seems that one either had to disfranchise the whole area or enfranchise the whole area. The recommendation of the Working Party that they should be enfranchised was, I thought, the right view to take and I accepted it.

Mr. Bennett

On a point of order. I appreciate, Mr. Speaker, that I am debarred from making further comments at this stage. I will content myself by saying that, in view of the importance of this issue, I feel bound to raise the matter on the Adjournment on the earliest possible occasion.