§ THE SECRETARY OF STATE FOR WAR (VISCOUNT HAILSHAM) had given Notice that he would move to resolve, That it is desirable that a Joint Committee of both Houses be appointed 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.
§ The noble Viscount said: My Lords, your Lordships will remember that shortly before the Recess my noble friend Lord Aberdeen presented the Petition of the State of Western Australia asking this House to concur in the passage of a Bill to separate the State of Western Australia from the Federal Commonwealth of that Dominion. On that occasion I suggested that it would be wise to take a little time to consider what would be the proper course for your Lordships' House to pursue in regard to such a Petition, having regard to the very serious legal and constitutional issues which it must of necessity raise. 769 During the last few weeks I have taken the opportunity of making some inquiries. I have learnt that the Commonwealth of Australia and the State of Western Australia both desire to be heard upon those issues, issues of whose gravity there can be no possible doubt. I have learnt also that my right honourable friend the Attorney-General will be willing to assist with his advice any Committee which may be set up to consider these questions; and therefore I had no hesitation in coming to the conclusion that this was of necessity precisely the sort of problem which should properly be referred to a Committee in order that those arguments might be considered and that any necessary evidence might be adduced.
§ There remained the facts that an identical Petition has been presented in another place and that the Committee of Petitions of that place have advised that a Select Committee ought to be set up there to consider whether that Petition is receivable by the House of Commons. It has seemed to me on reflection that it. would be a very great hardship on the parties and a very undesirable waste of public time and expense if two separate Committees, one of this House and one of another place, were to consider what is in effect the same problem, necessitating the hearing by each Committee separately of the arguments and of all the evidence, inflicting very great cost on the parties, and running the possible risk that different considerations might be raised in the two discussions and even possibly that different decisions might be reached. I have thought, therefore, that it would be in the public interest that a Joint Committee of both Houses should consider this question and how far this Petition is receivable.
§ I appreciate, of course, that each House is entirely the master of its own procedure, and your Lordships will realise that whatever conclusion is reached by the Joint Committee each House will remain completely free to consider that recommendation and if necessary to act upon it or to depart from it. Therefore I do not think that we shall be in any way derogating from our own freedom of action if we take the course which I venture to suggest. I have some reason to believe that in another place this 770 invitation will not be received unfavourably. On those grounds I beg to move the Motion which appears upon the Order Paper in my name.
§ Moved to resolve, That it is desirable that a Joint Committee of both Houses be appointed 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.—(Viscount Hailsham.)
§ LORD PONSONBY OF SHULBREDEMy Lords, I desire on behalf of the Opposition to support the Motion which has been placed before your Lordships by the Leader of the House. It is quite obvious that this is a problem of difficulty and intricacy and is unprecedented. Parliament would rightly feel that it should have the guidance of expert opinion upon this question, and that can best be obtained by the question going before a, Select Committee. In supporting the Motion may I make the suggestion that from the point of view of numbers the Committee should be kept as small as possible, as I think that will be the most effective way of getting the opinion of those best qualified to judge this very difficult matter? I desire to support the Motion.
§ THE MARQUESS OF READINGMy Lords, I also desire to support the Motion on behalf of those with whom I am associated. I am perfectly sure that this is a, very wise step to take and that it will be to the advantage of both Houses to have consideration of this matter together, involving, as it does, constitutional questions of great complexity which will require the most careful handling. I support the Motion.
THE MARQUESS OF ABERDEEN AND TEMAIRMy Lords, having been responsible for bringing this Petition to the notice of your Lordships' House, may I say that. I heartily concur in the suggestion that has been made? We cannot deny that this does raise a great many constitutional and technical difficulties, but, the great advantage of the procedure suggested is that it gives all parties concerned the opportunity of being heard and I do not see any other 771 way in which you can guarantee that that most desirable object will be achieved, because the parties who are interested will not then be aggrieved by having to keep silence.
§ On Question, Motion agreed to.
772§ Ordered, That a Message be sent to the Commons to communicate the Resolution, and to desire their concurrence.
§ House adjourned at twenty minutes past five o'clock.