§ 74. Mr. Palmerasked the Attorney-General which parts of the British Commonwealth have introduced legislation similar to the Crown Proceedings Bill.
The Solicitor-GeneralI assume that the hon. Gentleman refers to the draft Crown Proceedings Bill prepared by the Committee whose report was published in 1927. In no parts of the British Common- 123W wealth has legislation similar to the proposed Crown Proceedings Bill been introduced, but in some Dominions and Colonies the law is already, in certain respects, in accordance with the principles set out in that Bill. Broadly speaking, the subject may sue the Crown in tort in the Union of South Africa, and the Commonwealth of Australia, and certain of the Colonies. In contract the position in most parts of the British Commonwealth is approximately as in this country, namely, that the subject can proceed by Petition of Right or analogous procedure, subject to his obtaining a fiat from the Attorney-General or Governor. There are many qualifications to these general principles and it would be impossible within the scope of a Parliamentary Question and without considerable research to give them in detail, but if my hon. Friend is desirous of knowing the position with regard to any part of His Majesty's Dominions, I will be happy to obtain the necessary information and communicate with him.