HC Deb 22 March 1911 vol 23 cc569-71W
Mr. POINTER

asked the Secretary of State for the Colonies whether he would state in connection with the constitutional affairs of Malta, when, and under what circumstances, was the present constitution granted; in how many ways have the Maltese protested against the present constitution; for how many years was the abstention policy followed by the elected members; by whom was the government of the island carried on during the periods of abstention; whether His Majesty's Government consider legislative decisions arrived at in the absence of one of the constituent elements of the constitution to have the effect of law; how many protests have been lodged with the Government by the elected members, by members of constituted bodies, and private individuals in the island against the constitution; how many resignations of elected members have taken place since the present constitution has been in force; under what conditions have the newly-elected members proposed to take their seats; whether any despatch was sent to the Governor by the Home Government; if so, what date does it bear; how many of the candidates standing at the recent election were in favour of constitutional reform and against reform, respectively; what were the results of the elections in relation to the question of reform or otherwise; whether any promise was made by the Colonial Office that the question would be reconsidered; when the new Lieutenant Governor will take office; what instructions will be given to him relative to the constitutional question; and whether any visits, and, if so, how many and what were the respective dates, have been paid to the Colonial Office by the elected members on the subject of the Constitution?

Colonel SEELY

With reference to the first two paragraphs of my hon. Friend's question I would refer him to the Parliamentary Papers on the political condition of Malta numbered 715, 1660, 2023, and 5217. The abstention policy was followed by the elected members from 1904 until 1907—and the Government was carried on, as usual, during that period with the advice of the executive council, and, in matters of legislation, with the advice and consent of the Legislative Council. Under Section 46 of the Order in Council of 3rd June, 1903 the Legislative Council is not disqualified for the transaction of business by reason of any vacancies among the members, provided that six members at least besides the president are present. The accounts of the protests against the existing Constitution and the resignations of the elected members may be conveniently read in the last two Parliamentary Papers to which I have alluded. Since the date of the last published correspondence all the elected members but one have resigned (two of them twice), and the seven vacancies were filled in February by the election of members, all but one of whom are new to the Council of Government. I am not aware that the newly-elected members have communicated their intentions to the local Government. My hon. Friend's reference to a despatch from the Home Government is not sufficiently precise to enable me to answer it. As far as I know, all the candidates at the recent election advocated constitutional changes. No promise has been made by the present or the previous Secretary of State that the question of constitutional change will be reconsidered. The new Lieutenant-Governor will assume office in the course of the summer—but no exact date can be fixed. It is not usual to issue instructions to the Lieutenant-Governor, who is strictly subordinate to the Governor, and none will be issued to Major Clauson. Two of the elected members, Mr. Azzopardi and Mr. Mattei, had an interview with my right hon. Friend's predecessor in August, 1909, and since then these gentlemen have been received informally by myself, but no records have been kept of the dates of those interviews.