GOVERNMENT OF BURMA (TEMPORARY PROVISIONS) ORDER, 1945. (Hansard, 25 October 1945)

§ THE SECRETARY OF STATE FOR INDIA AND BURMA (LORD PETHICK-LAWRENCE)

My Lords, before I move the Motion approving of this Order I should like to draw attention to a misprint. In line 5 of the Motion "1945" should read "1935." I think some short explanation is due from me concerning the purpose of this Order. The White Paper relating to Burma, in May, 1945, indicated certain stages by which Burma might obtain complete self-government. During the first stage provision was to be made for the Governor to associate with himself representatives of Burmese opinion in Executive and Legislative Councils. The Government of Burma (Temporary Provisions) Act, 1945, accordingly amended Section 139 of the Government of Burma Act of 1935 in certain ways. In the first place the Proclamation made under Section 139 of the Government of Burma Act was to continue in force beyond the maximum period of three years laid down in the section, and in the second place the Governor might vary a Proclamation under this section notwithstanding anything in the Act and could make provision for the constitution of such Councils and other bodies or authorities as may be specified in the Proclamation for the purpose of associating them with him in the exercise of his functions. That was subject to the proviso that the powers conferred on the Governor should only be exercisable after His Majesty, by Order in Council, authorizes the exercise thereof and subject to such conditions and restrictions as may be specified in the Order. It is further provided that any such Order in Council shall be subject to the 496 provisions of Section 157 of the Government of Burma Act, which requires the approval of both Houses of Parliament to any such Order. It is that approval which is now being sought. The procedure anticipated was that this Order should be laid in draft before both Houses of Parliament before it took effect, but there was a provision that in an emergency it could be promulgated and subsequently ratified by the two Houses. The emergency which did arise was that the Governor was going back to Burma and he felt it to be of great importance that he should be able to make the Proclamation on his arrival. He expected to return on October 10 but he did not in fact return until October 16. As this House was not meeting until the date when it did, I decided that it was justifiable for me to make this Order under the urgency provisions of Section 157 and to bring it before this House for approval after it had been made. It is in pursuance of that policy that I move this Order to-day.