ORDERS-IN-COUNCIL

Nelson Evening Mail, Volume LXIV, 3 June 1930, Page 7

ORDERS-IN-COUNCIL

ANOTHER PROTEST Another protest against what has been called "the new despotism" was made by Lord Justice Scruttbri in delivering a judgment of the Court of Appeal (plashing an order, issued by the Ministry of Health. There had been a gradual 'increase since 1890 of the powers given to Ministers by Parliament to make orders which should have effect as if enacted by Parliament, he said. In the Housing _ Act of 1909 these sections reached their highest level, and it was apparently intended in that Act to prevent any question of an order being ultra vires being raised, however flagrantly it might violate the delegated powers. He declined to hold that the Minister had power to deprive a citizen of property with compensation, without complying with the conditions laid clown by Parliament. "As a matter of constitutional importance, I hope members of Parliament and Ministers and Parliamentary draftsmen will consider whether this form of legislation is really satisfactory," he added. "Parliamentary draftsmen are in the habit of inserting this kind of 'Star Chamber' clause, partly on instructions by the Minister, partly by habit. Members of Parliament" may not trouble to consider what the section to which they are giving legislative authority really means, but may simply follow the lead of the Minister or the Government whip. But I cannot think it desirable, When Parliament gives authority to affect the property and persons of the individual if certain conditions are complied with, that the Minister should violate these conditions and make an ultra vires order contrary to the law of the land."'

CONDITIONS TO-DAY

IRISH FREE STATE

A farewell survey of conditions in the Irish Free State was made by Mr G. W. Russell (A.E.) in the last issue of the "Irish Statesman," which he has edited for the last seven years. In the course of it he wrote: "We cannot be certain of the stability of the Treaty settlement while there is a party, powerful numerically, which desires to reopen the question. But we have the conviction that the country has steadily grown in its acceptance of the Treaty, and that the speeches in opposition are much more passionate than the mood out of which they are horn. There was another section of our people—those who once were known as Southern Unionists—who had always been in the editor's mind. He desired to make this group, which had many line qualities, contented citizens in the new order, and to help create an atmosphere in which they would not feel themselves existing ; n the midst of a

hostile majority, ."as tliey did ' before the Free State was started,'We "believe this has come about; and the majority of those 'who were once known as Southern Unionists recognise that they have been treated with fairness. They are blending into the New Irish nation, and their children will be indisinguishable in sentiment from the children of those whose forefathers; ,wcre Irish nationalists. This is a great gain." RELATIONS WITH BRITAIN "We think! now it be impossible to stampede the country by any kind of fierce rhetoric, even the rhetoric of a line natural orator," Mr Russell continued. "Listeners would cheer the oration as a work of art, but all the while the listeners would be asking about the speech what was solid in it, was that eloquence associated with a possible policy? We have passed away from/.pur passionate selves, and, are coming slowly to our i intellectual selves. We will not be altogether safe until a new generation better educated than the present comes from the primary, secondary and technical schools and the universities to manhood and brings, better-equipped brains to bear upon the problems of their country. But self-government has definitely promoted the political and economic education of Irish people. One of the best consequences now is that there is very little hatred of our neighbours. In fact, a reasoned friendliness is replacing the traditional sense that the Sassenach was the enemy. There are few Irish farmers, who. do not realise that their market is across the channel, thatT"the poverty of that market means their poverty, and its prosperity has reactions, here. With the fact staring them in the face, and with the situation no longer complicated by the struggle for self-government,. it would be unnatural if a reasoned friendliness did not replace 1 the old antagonism."