§ Mr. John Fraserasked the Secretary of State for Foreign and Commonwealth Affairs what consultations were held by his Department before the promulgation of Queen's Regulation No. 4 of 1972 granting absolute power to the commissioner to remove persons lawfully in the New Hebrides without reasons and without judicial challenge.
§ Lord BalnielNone, but an amendment is being considered to provide that the power of deportation shall not apply to a person who has acquired by birth or long residence the right freely to enter the New Hebrides without a permit and further to provide a right of appeal.
§ Mr. John Fraserasked the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement giving his reasons for retrospectively approving jointly with the French Government the text of the New Hebrides Joint Control of Land Sub-division (Amendment) Regulation No. 24 of 1972.
§ Lord BalnielThe New Hebrides Joint Control of Land Sub-division (Amendment) Regulation No. 24 of 1972 was signed on 4th October 1972 under the provisions of Articles 2 and 7 of the 1914 Protocol and came into effect when it was published in the Condominium Gazette of October 1972. The validity of the regulation is now being challenged in legal proceedings pending in the New Hebrides and in France, on the grounds that there was no power to make the regulation or if there was such power it was not effectively exercised. Because of the importance of the subject matter of the principal regulation amended by Regulation No. 24 of 1972, Her Majesty's Government, in consultation with the French Government, considered it in the public interest to put the validity of the regulation beyond doubt.
§ Mr. John Fraserasked the Secretary of State for Foreign and Commonwealth Affairs how many regulations having retrospective effect have been made by the Resident Commissioner in the New Hebrides in the last three years; what is his policy with regard to retrospective legislation there; and what consultations he has had with the French Government on these matters.
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§ Lord BalnielIf the Question relates to joint regulations, the following nine having retrospective effect have been made by the British and French Resident Commissioners in the New Hebrides since 1970:
- 1. The Joint Public Water Supply (Tanna) Regulation No. 11 of 1971 (made 8th July 1971 retrospective to 1st January 1971).
- 2. The Joint Advisory Council (Amendment) Regulation No. 25 of 1972 (made 17th October !972 retrospective to 4th September 1972).
- 3. The Joint Water Supply (Amendment) Regulation No. 14 of 1973 (made 13th March 1973 retrospective to 1st January 1973).
- 4. The Joint Telephone Service (Amendment) Regulation No. 13 of 1973.
- 5. The Joint Telegraphic Addresses (Amendment) Regulation No. 11 of 1973.
- 6. The Joint Business Licences Regulation No. 10 of 1973.
- 7. The Joint Sanitation Charge (Amendment) Regulation No. 9 of 1973.
- 8. The Joint Amusement Machines Tax (Amendment) Regulation No. 8 of 1973.
- (4–8 were all made on 30th March 1973 retrospective to 1st January 1973).
- 9. The Joint Advisory Council (Amendment) Regulation No. 5 of 1973 (made 7th March 1973 retrospective to 1st January 1973).
Seven of the nine joint regulations listed amend or impose taxes or other financial charges and none has retrospective effect beyond the commencement of the financial year in which it was made. The remaining two regulations prolong the life of the Joint Advisory Council. Retrospective legislation is enacted only where it is considered to be in the public interest.
There have been no consultations with the French Government on the regulations listed above, since they are within the competence of the British and French Resident Commissioners.