AN EMPIRE APPEAL COURT.

Press, Volume LXVI, Issue 20086, 15 November 1930, Page 8

AN EMPIRE APPEAL COURT.

POWERS OF THE dominions. QUESTIONS ABOUT SECESSION RIGHTS. (FROM OWE corresponds!'., October 9. The Rt. Hon. J. H. Thomas, Secretary of State for Dominion Affairs, arranged to meet the representatives of British and overseas journalists at the Dominion Office, on September 29th, in order that he might give them his ideas as to the significance of the Imperial Conference, prior to its opening session. He realised how much the newspapers can contribute toward success by helping to form public opinion regarding the meaning and importance of the issues which the Conference would be discussing so that there would be appreciation of the importance and gravity of the task of the deliberators. Mr Thomas saia: The first point I would like to emphasise is that the Imperial Conference is a family gathering. It follows that, while we have, it is true, our separate interests, we are all working together in a common interest and in pursuit of common ideals; the interest of one is in a very , special sense the interest of all. We come into the Conference, therefore, to exchange views, to consult together, and to try to wort ou t together to our mutual advantage solutions of the various problems which confront us. Tn the field of inter-Imperial rela tions the broad principle of constitu tional status has already been settled. The Imperial Conference of 1926 set out r. definition of the position, and mutual relation of the group of selfgoverning communities composed of Great Britain and the Dominions in terms which are well known, but which perhaps might be quoted again here: "They are autonomous communities within the British Empire, equal in status, in no way subordinate- one to another in any aspect of their domestic or external affairs, though united by a. common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations." The Report of the Conference also made plain how vital was the principle of co-opcration if the British Empire was to achieve its positive ideal. Status of Dominions. You will ask: What, then, lias the present Conference to do? The answer to this is that the Report of the 192G Conference further placed on record that there were certain points arising out of the present legal position which appeared to require further detailed consideration; and recommended that a soecial body should be set up to consider these questions further. Accordingly, last autumn a special conference was held, called the Conference on the Operation of Dominion Legislation and Merchant Shipping Legislation. The recommendations ot that Conference were published in the early part of the present year. The Press at the time, both he're and in the Dominions, gave full prominence to those recommendations, and there has been a good deal of discussion since, but even now I am not sure that publio oninion is fully infonned as to their scope and meaning. their object is to remove certain restrictions which exist, or appear to

exist, legally on the powers of Dominion Parliaments, on the ground that such restrictions are now out-of-date The precise terms of their recommendations will form one of the main issues for consideration at the forthcoming Conference. The importance of all this is that it is felt in some quarters that the existence of these legal forms affords an obstacle to free constitutional development, and that in order to secure free and co-operation it is desirable first of all to make it quite clear that the overseas Dominions, are, in form as well as in fact, in no way subordinate to this country. Foreign Policy and Defence. The next broad_ division of the agenda covers questions connected with foreign policy and defence. Under this heading the Conference will no doubt consider what further advance can be made in the international field towards securing the general peace of the world. This is the supreme object to which the efforts of the present Government have been devoted since thev took office, both by means of developing the use of arbitration instead of war, as instanced I),- adherence to the Optional Clause of Uie Statute of the Permanent Court of International Justice and by the approach to disarmament as instanced in the negotiation of the London Naval Treaty of this year. Naturally, in this great question it is of vital importance, in the interests of the British Commonwealth of Nations, that the separate members should move forward, as they have so far moved forward, hand in hand, and, moreover, the influence which such joint action on their part can exert greatly exceeds the influence which can be exerted by any one of them acting alone. The Conference, no doubt, therefore, will find one of its chief tasks in discussing the next steps to bo taken in the cause of security and disarmament. Economic Position and Outlook. To turn now to ,the economic 6ide. Ilr-re most of all, must ye remember what' I said before about the purpose of the Imperial Conference. It is not a conference to which we go with a nicdeterinined policy to be pursued at all costs, with the idea that success or failure is to be measured by success or otherwise in the pursuit of that t.olicy. Our object is, in an atmosphere of good will, to consider together what can best be done for the good of us all, and to see how difficulties can best be removed, so far as Governments can remove them. But while Governments can do a good deal, there aro many important things that Governments cs.nnot do. Governments can help to create the conditions in which real progress can be made; they can also nelp to remove obstacles; they can inspire a spirit of confidence and lend guidance to the efforts of individuals. But we must not forget that it is on the efforts of industry, itself that the economic prosperity of the Commonwealth largely depends; and one of our chief tasks will be to find means to encourage those efforts and to ensure that they shall prove fruitful. The Conference meets at a timo when the economic world outlook is dark —darker, indeed, than it has been for generations. Yet it is just beca.jse our eeomonic difficulties are s*> grave that the work o'f the Conference is so eagerly anticipated and so much is expected from it. At any rate, the greatness of the crisis is the measure of the opportunity. For my part, T shall start as an optimist. Secession of any Dominion. At the conclusion of the statement questions were invited. One of tho early questions was about the Constitutional right to secede,

'which seems to have been raised by an overseas Prime Minister. Mr Thomas expressed some surprise. at the enquiry, as it was the first time he had heard mention of any question of seceding. He said that no one would question anybody's right to secede any more than anyone would question his own right to shoot himself, but one might question the wisdom of such action. He suggested that the matter w:.s causing much more interest to the newspapers than it was to the delegates of. the Conference. An Empire Appeal Court. Replying to other questions, Mr Thomas agreed that certain points had arisen with regard to the right of appeal to the Privy Council, and he foreshadowed the establishment of a new Empiie Appeal Court, as an addition to the Privy Council, for the settlement of domestic differences between Great Britain and the Dominions. "The object," he said; "is to provide means by which internal domestic differences in the British Empire ean be settled through machinery set up by ourselves. 1 believe some such body will emerge." "Would the Court take the place of the Privy Council?" was asked. "No," was the reply, "the present machinery is essential for. eertain things and will be used." "Will the new tribunal be confined to disputes between the various Statesl" "The constitution of the Court and its powers will be matters to be determined by the Conference," was Mr Thomas's reply. Mr Thomas recalled that the Imperial Conference of 1926 defined the JJominions as autonomous communities within , the British Empire, equal in status and in no way subordinate one to another in any aspect of their domestic or internal affairs, though united £y a common allegiance to the Crown and freeJy associated as members of the British Commonwealth of Nations. Certain points arising out of the legal position were discussed at a further conference on the operation of Dominion legislation and merchant shipping legislation. "Briefly," Mr Thomas went on, "the object of the recommendations of that Conference is to remove certain restrictions which exist or appear to exist legally on the powers of Dominion Parliaments, on the ground that such restrictions are now constitutionally out of date. The precise terms of the recommendations will form one of the main issues for consideration at the Imperial Conference.' "It is felt in some quarters that the existence of these legal forms afford an obstacle to free constitutional development, and that in order to secure free and full co-operation between equal partners in the British Commonwealth it is desirable to make it quite clear that the overseas Dominions are, in form as well as in fact, in no way subordinate to this country." Free Economic Discussion. Another enquiry: "Will the British Government have any economic proposals of their own to put. before the Conference?" "The British Government," said Mr Thomas, "like all the other Governments, will add to the common pool of ideas. There will be a full, free, and frank discussion of the whole economic position, but what may emerge from the discussion is, of course, impossible for me to forecast. There can be; no common pool unless every one contrK butes to.it,. T have not heard of any request from any of the Dominions for any new preferences. It"; will -be my business to hear the views expressed, by every Dominion representative.",.

"When you say that the Government is not going to the Conference -with a predetermined .policy ..in economic matters, does that mean that protection against foreign imports is not excluded!" The Secretary for the Dominions replied: "It means what I say, that when a number of people sit, as we shall, representing the Empire as a whole, every phase of economic life is more or less bound to bo discussed, and it will be discussed, and the conclusions will emerge from the discussions."