§ VISCOUNT CROSSasked the Secretary of State for India, in reference to his answer as to the Indian Civil Service Examinations, given on the 13th instant, whether any Despatch had been sent by him to the Government of India upon the subject; whether any such Despatch was approved by the Indian Council; or whether it was sent by the Secretary of State against the opinion of the Indian Council under the powers vested in him by the Act of 1858; and, if so, upon what grounds; whether any members of the Indian Council recorded their opinions under the provisions of the Act against such Despatch; and if he would lay upon the Table of the House a copy of the Despatch itself, of any such recorded opinions, and of any statement recorded by him of his reasons for acting contrary to the advice of his Council?
THE LORD PRESIDENT OF THE COUNCIL AND SECRETARY OF STATE FOR INDIA (The Earl of KIMBERLEY)My Lords, my answer to the question is as follows:—A Despatch has been sent by me to the Government of India on this subject. That Despatch was not approved by a majority of the Indian Council. It was sent by me against that opinion under the power vested in me under the Act of 1858. The ground upon which I sent it was that I thought it was desirable that the Resolution of the House of Commons should be sent to the Indian Government for consideration. Several members of the Indian Council recorded their opinions 126 under the provisions of the Act against such Despatch. I will lay a copy of the Despatch upon the Table as soon as it is in the hands of the Indian Government, and I will also give the record of the opinions of those members of the Council who objected to the Despatch being sent. As regards my own opinion, I have not recorded that, because I am not called upon to do so under the Act, as I will explain to your Lordships. By Section 23 of the Act of 1858, 21 & 22 Vict., c. 106, it is provided that the decision of the Secretary of State shall be final, except in financial matters, which are not in question here, and that exception, of course, does not apply to the present case. Any members of the Council who differ from the Secretary of State may have their opinions recorded, and in case of any difference of opinion the Secretary of State may require that his opinion, and the reasons for the same, be added on the Minutes of the proceedings. That clause is permissive. But then there is another clause which may have misled the noble Viscount and those who thought I had to record an opinion. In case another proceeding is adopted, Section 24 provides that the Secretary of State, instead of bringing the matter before the Council, may have the proposal placed in the Council Room for the consideration of members for seven days before it is sent; and then any member of the Council who dissents from the proposal may record his opinion thereon. By Section 25, if a majority of the Council record their opinions against the view of the Secretary of State, or against any act proposed to be done, the Secretary of State shall, if he does not defer to the opinion of the majority, record his reason for acting in opposition thereto. It is clear that that refers to the last section, but in the other case it is permissive. This is the view, I am told, that has always been taken at the India Office, and I have only followed the procedure in what I have done.
§ VISCOUNT CROSSI think we ought at once to have the Despatch on this subject, under the peculiar circumstances.
§ VISCOUNT CROSSI only express my own opinion, and, therefore, I give notice that I shall move on Thursday for a copy of the Despatch, as well as the 127 record of the opinions of all those Members of the Indian Council who differed from the view of the Secretary of State. I do so for this reason: It was distinctly stated by the noble Earl in this House on the 13th instant that the Government of India should be absolutely free to express its own opinion generally on the subject mentioned in the Despatch, and not simply be asked to find a mode of carrying that Resolution of the House of Commons into effect. I think, in those circumstances, it is quite necessary we should have the Despatch at once; and there will also be this advantage: that the production of the Despatch will afford the noble Earl an opportunity, which he, no doubt, desires, of explaining why his Despatch differs from the statement which he recently made in the House, if it does differ.
THE EARL OF KIMBERLEYI do not know why the noble Viscount should assume that my Despatch differs from the statement which I made in the House. My own notion distinctly is that I have exactly fulfilled the statement I made in this House. When the Despatch is produced your Lordships will judge whether I have done so. I think the noble Viscount will, on consideration, see that it would be a very extraordinary innovation if a Despatch were laid upon the Table before it has reached the hands of the Council or Government to whom it is addressed. It would not only not be courteous to the Government of India, but contrary to the practice. But for that reason, I should not have the smallest objection to the Despatch being laid upon the Table at once and read by the whole world. There is, moreover, no urgency in this matter; and, as there will be an abundant opportunity of considering the Despatch when it is presented, it seems to me that I ought not to assent to so very unusual a proceeding.