GOVERNMENT BY CABINET.

Press, Volume LXVIII, Issue 20563, 3 June 1932, Page 15

GOVERNMENT BY CABINET.

♦ —, PRIME MINISTER'S DEFENCE. CHAMBER OF COMMERCE DISSATISFIED. COUNTERBLAST TO BE PREPARED. A full defence of "the system of providing for the adjustment of anomalies and the detailed administration of Acts to be undertaken under the authority of Orders-in-Council" was contained in a letter from the Prime Minister (the Rt. Hon. G. W. Forbes), which the Canterbury Chamber of Commerce rereived last night. Mr Forties's statement by no means satisfied members of the Council, and it Mas referred to the Parliamentary Bills Committee with an instruction that a counterblast should be prepared. During the discussion, Mr H. S. E. Turner attacked two of the Government's recent enactments and Mr A. P. "Wright pleaded for a, return to simplicity in government and administration.

Mr Forbes wrote in reply to the Chamber's criticism: — "In the first place it is pointed out that with the increased mass of legislation which the Legislatures of all civilised countries are now being called upon to consider, it is impossible within reasonable limits for Parliament to deal other than with principles and the more important provisions, delegating the power to modify, extend, or apply their operation in changing circumstances or in matters of comparatively minor import. This practice has proved almost universally to bo the most satisfactory method of legislating. By this means tho Legislature has before it the main issues involved and the means by which its objects are to be achieved. It is able to appreciate tlieni better and to consider them more fully. If a mass of detail were included, in the Acts, the main issues would probably receive less consideration, and the process of legislation would become much.' more protracted and cumbersome. Administration Facilitated. "Second, the system of providing for matters of detail by means of regulations facilitates administration generally as every administrative change is more or less in the nature of an experiment and tho full effects are often not obvious until the Act has been in operation for some time; consequently it is ' necessary for the legislative machinery to be adjustable. "Third, under tile efficient safeguards at present obtaining, there is little likelihood of the system being abused. The persons whose interests are affected have every opportunity of making representations to the Minister in charge of tho Department concerned, and defects can be remedied without the necessity of an amending Act. Furthermore, all important Orders-in-Cpnncil find regulations • are laid on the table of the House and are thus subject to scrutiny and review by Parliament.

Slt Joßiait Stamp Quoted. "In conclusion, I would quote the following extracts from the work entitled 'Studies in Current Problems in Finance and Government/ 1 by Sir Josiah Stamp, "the eminent authority " 'No Act of Parliament to-day can, on the surface of it, legislate in precise terms for the application of its principles to every individual person and case, to whom or to which it will apply. That is quite impossible; and with the modern pressure upon legislation, it is daily becoming even more impossible. " 'I have made a careful study of tho authorities on jurisprudence, and I find that the later, ones are beginning to discern and distinguish as a separate faculty of government what we may call "executive acts." They recognise that to put to practical use and administer att Act of Parliament the State must delegate powers.' "I trust that after reconsideration of this matter your Chamber will see the many advantages to be gained by a continuation of the existing system." "Crush of legislation." Mr A. F. Wright, chairman of the Parliamentary Bills Committee, said it was gratifying to see that dt last some defence was put forward for the principle of government by Order-iruCoun-cil. If the letter made one thing plain it was this: the increasing crush of legislation. The letter was an admission that so much legislation was coming forward that the Government could not give it pfoper consideration. "There is an urgent need for-a return to simplicity of government,'' continued Mr Wright. The pre-eminent functions of government which should ■be observed were:

(1) Administration of justice and maintenance of law and order. (2) Maintenance of production and revenue. "(3) Public health. If the community could get back/to a •simple form of government and restrict the powers of government, a great many troubles under which thay were labouring would soon disappear. If fewer Acts were passed there would be no necessity for Orders-in-Council. "Experimental" legislation. "It is a curious admission that every Act is in the natufe of an experiment, and that if the experiment is likely to prove faulty, then you have it corrected by Order-in-Council," lie continued. "That is a curious admission coming from the Prime Minister. Doesn't it show that we have legislation forced upon us without the full consideration that it should receive by the House? It is true that in some cases Orders-in-Council are laid on the table of the House; but would it not be better to niake them not operative at all until they were passed by the House? "I think we might well keep this matter 1 before us. The Prime Minister's statement appeals to me as a piece of special pleading, and the quotation from Sir Josiah Stamp is in direct contradiction to such distinguished authorities, as Sir Lyndon Macassey/, Professor J. H. Morgan, K.C., Sir J. A. B. Marriott, K.Q., and Lord, Chief Justice Hewart." Government Attacked. Mr H. S, <E. Turner: When we have a Government which in a spirit of greed absorbs the Broadcasting Cojnpany, which passes the transport regulations that it has done, which considers the registration of music teachers ahd painters and the marketing of honeyywonder ( some of us put up with this as well as we do. -■ He suggested that the Prime Minister'» statement should be referred to

the Bills Committee for the preparation of a counterblast. The Committee might seek to define those cases where Orders-in-Council are a legiti. mate and necessary means of government. "Begging the Question.' Mr W. Machin pointed out that there was a vast difference between experimental, half-digested legislation imposed on the country and corrected ov officials who* found that it would not work, and the legitimate elucidation of legislation by Cabinet. He considered that the Prime Minister was begging "the question. In many cases su entirely new policy was created by As an instance of this, he quoted the Order-in-Council creating the Exchange Pool, which was suddenly issued before oven members of tho Government could explain it. The letter was received, and referred to the Parliamentary Bills Committee.