ORDERS-IN-COUNCIL.

New Zealand Herald, Volume LXIX, Issue 21201, 6 June 1932, Page 10

ORDERS-IN-COUNCIL.

DEFENCE OF THE SYSTEM. GOVERNMENT'S FUNCTIONS. NEED FOR DELEGATING POWERS. [jSiT TELEGRAPH. —PRESS ASSOCIATION.] WELLINGTON. Saturday. Criticism by tho Canterbury Chamber of Commerce of his reply to tho chamber on the subject of government by Ordor-in-Council was referred to by tho Prime Minister to-day. Mr. Forbes said tho paragraph in his letter which had been quoted in a Press Association telegram, when read apart from the context, conveyed a wrong impression, and ho handed over for publication a copy of his letter to the chamber. The letter stated: —

"In the first placo it is pointed out that with the increasing mass of legislation which the Legislatures of all civilised countries are now being called upon to consider, it is impossible within roasonablo limits for Parliament to deal other than with principles and the moro important provisions, delegating power to modify, extend, or apply their operation in changing circumstances, or in matters of comparatively minor import. This practice has provod almost universally to bo the most satisfactory method of legislating. By this means the Legislature has before it tho main issues involved, and tho moans by which its objects aro to bo achieved. It is able to appreciate them belter and consider them more fully. If a mass of detail were included in Acts of Parliament the main issues would probably receive less consideration and the process of legislation would beeomo much more protracted and cumbersome.

'-Secondly, the system of providing for matters of detail by means of regulations facilitates administration generally as overy administrative change is more or less in the nature of an experiment, and the 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 bo adjustable.

"Thirdly, under the efficient safeguards at present obtaining there is little likelihood of the system being abused. Persons whose interests are affected have every opportunity of making representations to the Minister in charge of the department concerned, and defects can be remedied without the necessity of amending the Act. Furthermore, all important Orders-in-Council and regulations are laid on the tablo of the House and are thus subject to scrutiny and review by Parliament.

"In conclusion I would quote the following extracts from a work entitled, 'Studies in Current Problems in Finance and Government,' by that eminent authority, Sir Josiah Stamp:—'No Act of Parliament to-day can, on the surface of it, legislate in precise terms for tho application of its principles to every individual person and caso to whom or to which it will apply. That is quite impossible, and with modern pressure upon legislation it is daily becoming even more impossible.' I have made a careful study of authorities on jurisprudence, and I find that 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 an Act of Parliament, the State must delegate its powers.'

"I trust, that after reconsideration of this matter your chamber will see many advantages to be gained by a continuation of the existing system," the letter concludes.