WESTERN AUSTRALIA. (Hansard, 26 February 1935)

§ THE SECRETARY OF STATE FOR WAR (VISCOUNT HAILSHAM)

My Lords, I beg to move, That a Committee of three Lords be appointed to join with a Committee of the House of Commons to consider the Petition of the State of Western Australia for a Bill to effectuate the withdrawal of the people of Western Australia from the Federal Commonwealth of Australia, and to report whether the same is proper to be received: that the Lords following be named of the Committee: Viscount Goschen, the Marquess of Lothian and Lord Wright; that such Committee have power to agree with the Committee of the House of Commons in the appointment of a Chairman, to hear Counsel and to examine witnesses on oath.

Perhaps I might explain with regard to this Motion, as I think I mentioned to your Lordships when we were discussing the setting up of this Committee, that the matter which has to be investigated is almost entirely a question of law, and of constitutional law. Accordingly we have done our best to find persons who are skilled in the law and also skilled in the Constitution. I am anxious to explain that, inasmuch as there are three members from your Lordships' House and three from another place, we have not, in selecting those to represent your Lordships' House, invited nominations from the different Parties because no question of Party controversy is possibly involved and also because, incidentally, to have done so would have made it impossible for the Committee to have the advantage of the services of one of the Law Lords, since they could not take part as the nominees of any Party. I am very glad to have had the assistance of my noble and learned friend on the Woolsack in inviting Lord Wright, and I am very glad to have obtained his 1085 assent, because I am quite sure that he will be a source of great strength to the Committee on the legal side. The other two names, those of Lord Lothian and Lord Goschen, speak for themselves.

Your Lordships will appreciate that they are not chosen as representing the Conservative or the Liberal Party, but that they are chosen as people who are familiar with constitutional law, who have rendered, in both cases, eminent service in the Empire, and who therefore are not only able to bring considerable experience to the service of the Committee but also will, by their names, command respect whichever way the Committee may happen to decide. I desired to make that explanation because I was anxious that it should not be thought that in your Lordships' House, when we are dealing with purely non-Party matters, we should confine ourselves to selecting a proportionate number of nominees of each Party, as I think that would go a long way to hamper the usefulness which invariably attaches to the selection of representatives of this House on Committees of this character. I beg to move.

§ LORD PONSONBY OF SHULBREDE

My Lords, I am much obliged to the noble Viscount who leads the House for the explanation which he has given of this Motion, and I desire in no way to oppose it, nor to suggest any sort of opposition to the names chosen; but perhaps, for 1086 the sake of opinion outside, it is as well that we should understand exactly on what principle these Committees are chosen. Some weeks ago I was informed through the usual channels that the desire was to set up a Committee of a semi-legal character, of experts who would be able to deal with this rather difficult and unprecedented problem, and I readily agreed to that idea. But as time passed, I noticed that the Committee in another place was selected in the usual manner, that is to say, of a representative from each Party, and I thought that that method would be followed here as well. The Leader of the House has been fortunate in getting the services of Lord Wright, who now constitutes the only judicial authority on this Committee. We of the Opposition were expecting that one of our number would be called upon to sit on this Committee. The Leader of the House has explained that it is not invariably the practice in your Lordships' House to select from each Party, but I feel obliged just to safeguard the interests of the Opposition in this matter, because it was generally expected, I think—in fact I have received letters in that sense—that a member of the Opposition in your Lordships' House would serve on this Committee. But I have no intention whatever of opposing the Motion.