HC Deb 17 August 1911 vol 29 cc2234-5W
Mr. POINTER

asked whether, in view of the necessity, under the British Guiana Constitution Ordinance, for the presence of at least two elective members, in addition to all the official section, to make a quorum, it is in accordance with the principles and intentions of the Ordinance that any measure should be carried by the vote of the official members alone and against the unanimous wish of the elective members, and consequently by a number less than a quorum?

Mr. HARCOURT

Section 24 of the British Guinana Constitution Ordnance lays down that no business except that of adjournment shall be transacted at any meeting of the Court of Policy unless nine members are present beside the Governor or other presiding member, but assuming that the necessary quorum is present, it is specifically provided by Section 26 of the same Ordinance that every question before the court shall be determined by the votes of the majority of the members present.

Mr. POINTER

asked whether the officer administering the Government of British Guiana, before introducing certain additional standing orders and rules in the Court of Policy, dealing with minor disorders, consulted the Home Government in regard to them before their introduction?

Mr. HARCOURT

The answer to my hon. Friend's question is in the negative.

Mr. POINTER

likewise asked the Secretary for the Colonies if he will obtain the opinion of the Law Officers of the Crown as to whether the additional standing orders, relating to minor disorders, as recently passed by the solid vote of the official section of the British Guiana Legislature, to whom they will not apply, and voted against by all the elective members to whom they will apply, are not ultra vires, in respect of Section 135 of Ordinance (1) of 1891; and whether, if in their opinion they are ultra vires, he will recommend His Majesty to disallow the same?

Mr. HARCOURT

I have not received any official information with regard to the additional Standing Orders to which my hon. Friend refers, but it appears from a newspaper report that these Standing Orders were introduced in pursuance of a Resolution of the Combined Court, where there is an unofficial majority, that they are almost identical in terms with rules of the House of Commons in this country, and that there is no reason to think themultra vires.