BRITISH NORTH AMERICA BILL (Hansard, 23 July 1964)

THE MINISTER OF STATE FOR COMMONWEALTH RELATIONS AND FOR THE COLONIES(THE DUKE OF DEVONSHIRE)

My Lords, this Bill, which is in effect purely formal in character, has already passed through all its stages in the other House. It has been introduced in order to give effect to an Address to the Queen by both Houses of the Canadian Parliament that a Bill 824 in these terms should be passed by this Parliament. Many of your Lordships will be aware why it is that, at this stage of history, the Parliament of the United Kingdom should be asked to pass legislation on a matter purely of concern to Canada, but, in case any of your Lordships feel somewhat surprised, I will give a very brief explanation. The British North America Act, 1867, which, together with subsequent amendments, forms the Constitution of Canada, contained no provision for amendment by Canada itself. When the Statute of Westminster was passed in 1931, a provision (Section 7) was included, in order to satisfy the Canadian Provinces, maintaining this position. An Act of 1949 has enabled the Canadian Parliament to amend the British North America Act except as regards matters relating to the Provinces, and in such a matter legislation by the United Kingdom Parliament is still necessary. The present Bill is such a matter.

The question of a procedure whereby the British North America Act could be amended in all respects by the Canadian Parliament has been under discussion in Canada for many years, but it has been impossible so far to obtain agreement of all the Provinces on this. The Prime Minister of Canada recently stated that the Canadian Government intend to pursue the question, and that the matter will be included in the agenda for the next Federal-Provincial Conference. I accordingly commend the Bill to your Lordships, and beg to move that it be read a second time.

§ THE EARL OF LISTOWEL

My Lords, I do not think that a request from another Commonwealth Parliament to us to legislate should pass us by without receiving the cordial support of the Opposition. We, of course, all agree that the Canadian Parliament is completely entitled to legislate, as it proposes in this Bill, about old-age pensions. It is surprising, as the noble Duke has said, that this request should have to be made to us; the Canadian Parliament is the only Parliament in the Commonwealth that has to come to us to ask permission to legislate about domestic matters. I was glad to hear from the noble Duke that the Canadian Government are considering getting the 825 agreement of the Provinces to an amendment of the Constitution as contained in the British North America Act, 1867. That is all I wish to say in order to express the cordial support of the Opposition for this Bill.