WESTMINSTER ACT

Hokitika Guardian, 7 June 1935, Page 5

WESTMINSTER ACT

PRIVY COUNCIL

GIVES IMPORTANT JUDGMENT

(United Press Association— By Electric

Telegraph—Copyright.)

(Received this day at 10.5 a.m.) LONDON, June 6

The effect of the Statute of Westminster was to remove the letter upou the Irish Free 'State legislature by reason ,„f the Colonial Laws Validity Act. That legislature can now pass acts repugnant to the Imperial Act. The foregoing is the kernel of an important Privy Council judgment on appeal in relation to Free State fishery rights, held bv Rooert Moore, under grants of 1722 . The Free .State Supreme Court held the grants were null and voicr. The judical committee granted leave to appeal. Shortly afterwards the Parliament ■passed the Constitutional Amendment (No. 22) Act, 1933, which Moore petitioned to have declared not a bar to the maintenance ol the original appeal. Lord Sankcy declared that, before the passing of the Statute of Westminster, it was not competent for the Free State Parliament to pass an act abrogating the'l92l treaty, because the Colonial Laws Validity Act iorbp.de Dominion legislation repugnant to Aim Imperial Act. Under the Statute of Westminster, the Free State could p:fss, and had passed, a repugnant act.

The Statute gave them power of which they availed themselves to abrogate the treaty. Dealing with the contention that the amendment was invalid, because, it af footed the prerogatives of the King m matter of an outside Dominion outside competence of the Free State Parliament,. Lord Sankcy said it was enough here to sav that, whatever might he the position of the King’s prerogative, if it. were left as a matter of common la"', it is here in this marticular respect, and in this particular enactment, made a matter of parliamentary legislation, so that the prerogative is. two tom, merged in the Statute, and the SU’tn+e gives nowers of amendment, mvl Die altering of a statutory pre-

voV'itive. mOn petition was there!ore dismissed.