NORTHERN RHODESIA CONSTITUTION (Hansard, 26 June 1961)

§ THE MINISTER OF STATE FOR COLONIAL AFFAIRS (THE EARL OF PERTH)
My Lords, perhaps it might be convenient if I were now to make a statement to your Lordships similar to that which is being made in another place by my right honourable friend the Secretary of State for the Colonies. I will, if I may, read it out in the words which he is using in another place. He said:
"I will with permission make a statement on the Northern Rhodesia Constitution. In my statement of the 21st February I informed the House that I had asked the Governor to put forward recommendations after consultation with political groups in Northern Rhodesia on the matters which then remained to be settled, in order to fill in the details of a picture of which only a general outline had been given. I have now received the Governor's recommendations and a White Paper containing the text of them is available in the Vote Office".
I might interpose that here, of course, it will be in the Printed Paper Office.
"Honourable Members will wish to study this paper carefully and at the moment I propose to confine myself to a summary of the Governor's main recommendations in respect of the more important matters which were left for settlement and Her Majesty's Government's view as to the advice which should be tendered to Her Majesty on these points.
"As regards the elected membership of the Legislative Council, the Governor considers that the number of elected members should total 45 as suggested in the White Paper, composed of three equal groups of 15, the 831 15 members returned by the upper and lower rolls respectively to be elected in single-member constituencies covering the whole of the country. As regards the third group of national members he suggests that the simplest arrangement would be a pattern of seven double-member constituencies, perhaps combined with a separate single-member constituency. Her Majesty's Government accept the Governor's recommendation in respect of the upper and lower roll constituencies and in respect of the seven double-member constituencies. As regards the suggested single-member constituency we have decided that since the proposed arrangements do not provide an opportunity for the smaller racial communities who have their particular contribution to make to Northern Rhodesia the Asian and coloured communities throughout the whole territory should constitute a separate single-member constituency and consequently those registered in this constituency will elect an Asian or coloured candidate.
"As regards the method of electing national members the Governor (and Her Majesty's Government agree with him) has come to the conclusion that the basis should be the equalisation of the two rolls as outlined in the White Paper, but be makes two suggestions to meet some of the criticisms he has received. First, he suggests that three or four of the seven double-member national constituencies should each return one African and one European member. Her Majesty's Government accept this suggestion and consider that four of the seven double-member national constituencies should be reserved in this manner. Secondly, while endorsing the view of the White Paper that all candidates for national seats should be required to obtain a prescribed measure of minimum support, he suggests that the particular method envisaged in the White Paper might not in practice meet its object of compelling candidates to seek support from both races. He therefore recommends that the minimum support required by a candidate in order to qualify for election should be expressed as 1½ per cent. or 400 votes (whichever is the less) of the European 832 votes cast in the election and 12½ per cent. or 400 (whichever is the less) of the African votes cast in the election. Her Majesty's Government accept this recommendation but consider that candidates to qualify should obtain in addition at least 20 per cent. of the votes cast by one or other of the two rolls.
"As regards the delimitation of constituencies Her Majesty's Government agree with the Governor's conclusion that it would be desirable to appoint a delimitation commission under the chairmanship of a serving or retired Judge.
"On the franchise the Governor's proposals provide for the increase of voters eligible for registration on the upper and lower rolls on the lines recommended in the White Paper. The Governor has reported to me that he has had representations favouring an increase in the number of Africans on the upper roll, but felt that in view of the terms of the White Paper he could not recommend an increase beyond the figures of 1,500 to 2,000. Her Majesty's Government nevertheless feel than an increase here would be justified and accordingly I propose to ask the Governor to add categories to the upper roll which would enfranchise an additional 500 Africans beyond the numbers mentioned in the White Paper.
"I am sure that the House will agree with me in paying tribute to the statesmanlike way in which Sir Evelyn Hone has discharged the difficult and burdensome responsibilities which we had placed upon him. Her Majesty's Government and all communities in the territory are deeply in his debt. The recommendations he has put forward with the amendments which Her Majesty's Government have made accord fully with the objectives which have always governed our approach to this matter—that we should secure a substantially increased number of African members in the Legislative Council, while at same time maintaining the principle of a non-racial political approach in which political parties are obliged to seek support from both races."

VISCOUNT ALEXANDER OF HILLS-BOROUGH
My Lords, we are greatly indebted to the noble Earl for giving 833 us this statement. We have not had very much time to study the statement itself, but in view of the fact that the White Paper is now available in the Printed Paper Office I think we should like to reserve any comments until we have time to study the White Paper and to compare it to the previous reports available to us. But I should like to ask the noble Earl whether he could say, from his more intimate knowledge of the situation than we can have as yet whether the Government now consider that this proposal, as set out in the statement, is really in accordance with the whole spirit of the original White Paper that we had, and whether, in accordance with the necessity for developing that spirit. it can be said that the amendments proposed will leave the Africans in a fair position, or whether it is, in fact, less than was perhaps at one time expected could be given.

§ THE EARL OF PERTH
My Lords, if I may say so I think the noble Viscount made a very good general point; these are complicated matters and a careful study of the White Paper is probably appropriate before the thing is discussed in any detail. On his second question, I can say unhesitatingly that what we now propose is within the spirit of the White Paper and its framework. I think that that also answers his point about whether the proposal is fair to somebody or other; it is within the spirit of the White Paper and its framework.

§ LORD OGMORE
My Lords, while thanking the noble Earl for the long statement he has made on this very complicated system that is proposed, and agreeing that it would be better, before going into it in any detail, to study the White Paper closely, may I endorse the tribute that he has paid to the Governor, Sir Evelyn Hone for his activities? May I also ask him one question. Will this, in his opinion, broadly satisfy both the Europeans and the Africans in Northern Rhodesia?

§ THE EARL OF PERTH
My Lords, I think that is a very difficult question to answer. I think we shall have to see what is the reaction tomorrow when this scheme has been made public; but I would repeat that it is within the spirit and framework of the White Paper. I do not know whether it will satisfy every- 834 body, but it is none the worse for that. I do not think, from the very nature of this problem, one can satisfy everybody all the time.

§ THE EARL OF LISTOWEL
My Lords, may I ask the noble Earl whether he can explain one matter of detail? He may refer me to the White Paper, which is now laid, for satisfaction. Why should only four, not all seven, of the double member constituencies now be reserved on a racial basis? What is the reason for that?

§ THE EARL OF PERTH
If I understand the noble Earl's question, it is why only four are to be on double member basis and the other three to be entirely open. I think the thought behind it was that one wants a measure of, if you like the word, uncertainty as to the outcome of an election; you do not want to get something which is going to work out strictly on a certain basis, either of Africans or of Europeans; and the three which are not to be on a double member racial reserve basis give us that opportunity.

§ THE EARL OF SWINTON
My Lords, may I ask the noble Earl two questions? Certainly I agree we must all study this matter, and it will be interesting to get reactions before we express a firm opinion. I would say, rather than put it in the form of a question, that I think it is most desirable that as many as possible of the fifteen—it is now fourteen—seats should be multi-racial in every sense of the word, in the sense that they should be voted for by Europeans and by Africans. I am very glad that at any rate some of them—I hesitate to say whether there should not be more—are not to be allocated one to a European and one to an African, but that Europeans and Africans should be able to stand and be voted for in those seats.
As to the new idea—and again I must say that I do not like communal franchise as a rule—at the first blush I am a good deal attracted by the idea that there should be one constituency in which the coloured and the Asian would have a representative. Do I understand from the Minister that this will be voted for entirely by Asians and coloured; they will be the only people in the constituency; there will not be any admixture of Europeans and Africans voting, 835 so that the only candidate could be an Asian or coloured?

§ THE EARL OF PERTH
The noble Earl understands aright; it will be only the Asians or coloured who will vote in that particular constituency. I very much agree with him that it is desirable to have a representative of those races. They have a real contribution to make. It was difficult to see any other way in which we could achieve that purpose. On the first point he made, I think there is no more comment for me to make at this moment. Perhaps he will, as he said, study it, as we all shall, in the light of the White Paper.

§ LORD OGMORE
My Lords, may I ask the noble Earl whether Sir Roy Welensky and his Government approved in general terms this plan?

§ THE EARL OF PERTH
The position with the Federal Government, I think, as everybody knows, is that we consult with them; that is the constitutional position. I am advised to make one clarification on a point which arose on the question put by the noble Earl, Lord Listowel. Perhaps I misled the House. Of course, the national constituencies—there are seven—will all be double-member constituencies, but four will be reserved on a racial basis. If I misled the House, I hope that clears it up.