LEGISLATIVE COUNCIL REFORM.

Evening Star, Issue 8614, 7 September 1891, Page 1

LEGISLATIVE COUNCIL REFORM.

The proposed reform of the Legislative Council, skilfully devised by | Ministers to strengthen their own influence in that Chamber, is not unlikely, we think, to end in a fia&o. The Bill was introduced early in the session by the Colonial Secretary, and the motion for the second reading was carried on the voices; but it was somewhat materially altered in committee. The present position is: That the House in Committee have reinstated those provisions of the Bill as drafted which are most objectionable to the Council, and have further amended it, so as to intensify the objections. That these amendments will not be agi*eed to is a foregone conclusion, and it may reasonably be anticipated that there will be serious differences between the two branches of the Legislature, resulting possibly in the shelving of the measure. We do not think that would be much to be regretted, since the perpetuation of the nominee system is, in our view, altogether a mistake. The Government of the day, under the comparatively brief tenure of their seats by members, would have practically the whip hand of the Council, since the power of reappointment would be in their hands; and under such a Government as the present it would, without doubt, be unscrupulously exercised for the furtherance of party ends, without regard to personal qualifications, faithful performance of duty, or any other consideration. It is a dangerous power to be placed in the hands of any Ministry, and would imperil, if not destroy, the independence of the Council, upon which (under existing political conditions) so much depends. Had it really been desired to liberalise the Upper Chamber, and bring the members thoroughly into sympathy with the people, the way was clear. The adoption of Sir Frederick Whitaker's scheme of an elective constitution—the representation on a broad basis—would have secured this, and the services of the very best men in the Colony Avould have been obtained. Such a desirable consummation, however, would by no means suit the book of Mr Ballance and his colleagues, who desire the Council to be a legislative body only in name—bound to give effect to every empirical theory and socialistic fad which a majority in the House might from time to time approve. An elective Council, without doubt, would be independent of direct Ministerial influence, and could not be coerced into endorsing hasty and ill-considered action of the Hoase ; but it would be responsible to the people, and in a special manner amenable to public opinion. A body so constituted could not stand out against the express declaration of the popular will, but could always ensure that that will should be expressly declared in regard to matters oi. grave moment affecting the material interests of the community. The danger of a concentration of power in the House of Representatives is that a policy may be imposed by statute without the full scope and tenor being thoroughly understood and the consequences realised. It is exceedingly undesirable not infrequently dangerous—that important changes in the statute law should be hastily effected, and that experiments should be continually tried upon the body politic. The land legislation, even with such safeguards as the present system provides, illustrates the mischief of perpetual tinkering ; and it may be conceived what form, under the present regime, this legislation would take if the Council were the creatures of the Ministry, which Mr Ballance would make them by this Bill, cooked in committee to suit his palate. The probabilities are, when the amendments made by the House are transmitted to the Council for their concurrence, that there will be hot controversy over the points of difference, and we may expect a further taste of the bounceable qualities of Ministers. The proceedings, which promise to be of interest, will j be better understood if we describe the Bill in its present form, as read a third time in the House on Friday. The Governor is authorised to summon to the Legislativp Council such persons as he thinks fit, provided they have attained the age of twenty-one years, and are subjects born or naturalised of Her Majesty the Queen. No person, however, is to be eligible who " at any time theretofore " has been bankrupt, and has not received his discharge, or who has been attainted or convicted "of any treason, felony, or " infamous offence within any part of " Her Majesty's dominion, or as a public " defaulter -within the Colony, unless " he has received a full pardon or has " undergone the sentence or punish- " ment to which he was adjudged for " such offence." It is to be noted that the proposal of the Council, that persons to be appointed should be of mature age thirty-five years has been rejected; and we have a suspicion j as to the actuating motive for this. I Possibly there may be an idea of certain nominations when Parliament | rises, which would be barred by the proviso! From and after the passing of the Act every person who shall be appointed is to hold his seat for seven years, and the honoroble gentlemen called to the Council in January last by the late Government are to have the same restricted tenure. The Council fixed the term at ten years, and may be expected to fight hard to keep it at this. As to bringing certain of the present members under the operation

of the Act, this is altogether unjustifiable ; and we question whether, if the Bill contained such a provision, it would receive the consent of His Excellency. It is, we believe, true that the honorable gentlemen referred to promised, on their appointment, that they would support an alteration of the constitution of the Council in this direction; but this is quite a different thing from accepting the appointment on the condition that they would themselves resign their life tenure should such an alteration be effected. They have fulfilled their pledge by supporting the Bill. A very important amendment, made by the Council, was the introduction of a clause taking away from the Government the privilege of appointing the Speaker, and vesting the appointment, by election, in the members themselves. It need hardly be said that this proposal to deprive Ministers of that plum of patronage did not meet with the approval of Ministers and their party. The new clause was struck out; and the Council are likely to insist very strenuously that it should be reinstated. We are inclined to the opinion that they have reason and justice on their side; but the question is of no great significance, since the present Speaker, who, we are glad to know, is greatly restored in health, is pretty certain to outlive the existing reign of misrule.