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NEW EMPIRE STATUS.

POWERS OF DOMINIONS.

THE LONDON CONFERENCE.

CONTENTS OF THE REPORT.

IMPORTANT RECOMMENDATIONS. Not much publicity was given to the Imperial conference which sat in London last October and November to discuss " the operation of Dominion legislation and merchant shipping legislation." However, its report, released yesterday for publication simultaneously throughout the Empire, shows that the conference found itself able to make definite recommendations on a number of important constitutional questions , arising out of the new status of the Dominions in the British Commonwealth of Nations.

The delegation from the United Kingdom was headed by Lord Passfield, Secretary of State for Dominion Affairs, who had with him among others Sir William Jowitt, K.C., attorney-general. All the Dominions except Newfoundland wero represented, the New Zealand delegates being Sir James Parr, the then High Commissioner, and Mr. S. G. Raymond, K.C., of Christchurch, with Mr. C. B. Burdekin as secretary. An Indian delegation was also present, although India, occupying a special position, was interested only in some of the questions raised.

The King's Telicitatlons. At its opening the conference addressed a respectful message to the King, who, in his reply, said he trusted that the discussions " may lead to an even closer association of all parts of my dominions." The conference was held as the result of a decision of the Imperial Conference of 1926, which declared that the United Kingdom and the Dominions alike were " autonomous communities within the British Empire, equal in status, in no way subordinate to one another in any aspect of their domestic or internal affairs, though united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations."

The 1926 Conference, however, affirmed that " existing administrative, legislative and judicial forms were admittedly not wholly in accord with the position as described," since most of them dated from a much earlier stage of constitutional development.

The same conference also defined the status of Governors-General as representatives of the Crown alone, and laid down certain principles, such as that each Dominion has the right to advise the Crown in all matters relating to its own affairs; that the Government of the United Kingdom should not advise the Crown, or legislate,' concerning a Dominion's affairs without the consent of that Dominion; and that there should be consultation between self-governing parts of the Empire before the passage of legislation affecting more than one such part.

Eoyal Assent to Bills. In view of certain problems offered by ' existing statutes in Great Britain and the Dominions, it was decided to set up a representative body to prepare a report for the next Imperial Conference. The chief questions .which the recent conference had to consider were (1) Present statutes governing the reservation of Dominion legislation for the assent of His Majesty and the disallowance of such legislation by His Majesty; (2) the pre sent powers of Dominions to make their legislation operative extra-territorially; (3) the Colonial Laws Validity Act, 1865. The principal findings and recommendations made under the three headings are:—

(1) * That the power of disallowing Dominion legislation has not been exercised since 1873, can no longer be exercised constitutionally, and may properly be set aside by a Dominion. In some cases :t would be necessary to have existing legislation in the United Kingdom repealed. That the Government of the United Kingdom cannot instruct a GovernorGeneral regarding the discretionary reservation of a Dominion bill for the Royal assent, and that in such a matter the Dominion Government concerned can alone advise His Majesty. Discretionary or compulsory reservation may be abolished by a Dominion, though in some cases legislation in the United Kingdom would also have to be repealed. New English Legislation.

(2) That the Parliament of the United Kingdom should pass a declaratory enactment, with the consent of the Dominions, to the effect that the Parliament of a Dominion has full power to make laws having extraterritorial operation. (3) ' That the' Colonial Laws Validity Act, 1865, should be repealed, and that a substantive Act should be passed stating that "no law thereafter made by the Parliament of a Dominion shall be void or inoperative on the ground that it is repugnant to the law of England. That the next Imperial Conference should affirm the principle that no law made in future by the Parliament of the United Kingdom shall extend to any Dominion except at the latter's request, and that a provision accordingly should be inserted in the Act previously mentioned. That a constitutional convention should be put on record. to the effect that any alteration in.the law touching the successsion to the Throne or th 6 Royal Style and Titles shall hereafter require the assent of the Parliaments of the United Kingdom and of all the Dominions.

The report discusses various intricate questions concerning the powers of certain Dominions to aiter their constitutions, and certain special problems occurring in those Dominions having federal constitutions. It recommends that provision should be made in the suggested Act for the amendment of these powers according to the wishes of the Dominions concerned. Empire Shipping Laws.

Regarding the questions of common nationality, the report suggests that the principles are clear, but says that their practical working-out in local and ■ international affairs will not be an easy task. It recommends that steps be taken to arrive at a settlement of the problems by consultation between the Governments. The section of the report devoted to merchant shipping legislation deals with a number of matters, including standards of safety, uniform treatment of British ocean-going ships, certificates of competency arid service, courts of inquiry, naval courts in foreign ports, mutual enforcement of law, forfeiture, carriage of goods by sea, and the Colonial Courts of Admiralty Act, 1890. The conference recommends that all doubt be removed as to the full and complete power of any Dominion Parliament to make legislation regarding merchant, shipping, with full power over all ships; in its own territorial waters and over its; own registered ships. In this regard the report adds that there was a strong presumption in • favour •of concerted > action between members of the British Commonwealth of Nations in shipping matters, but this concerted action must, from its nature, result from voluntary aereemont by members of the Commonwealth.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZH19300206.2.142

Bibliographic details

New Zealand Herald, Volume LXVII, Issue 20482, 6 February 1930, Page 13

Word Count
1,043

NEW EMPIRE STATUS. New Zealand Herald, Volume LXVII, Issue 20482, 6 February 1930, Page 13

NEW EMPIRE STATUS. New Zealand Herald, Volume LXVII, Issue 20482, 6 February 1930, Page 13