AUSTRALIAN SHIPPING LEGISLATION

New Zealand Mail, Issue 1747, 30 August 1905, Page 66

AUSTRALIAN SHIPPING LEGISLATION

A Blue Book recently issued *by the Dffice reantadus ‘iGorreepondenc© Relating to Merchant Shipping Legislation in Australia and N ew Zealand,”, which covers a per od of nearly eight -years, -and concludes -with despatches ifcoin -Mr Lyttelton to the*G.)vernor-Gene-asail cf Australia and Governor of New "Stealaud, expressing the. desire -of dtLrs 'Mtvjepty’s Government for a conference .composed .of representatives of. th ose co lobbies and of "the United .Kingdom. Mr Hjgdde'Hcm’is letter to ‘Lord Northcote, the governQr-General sof Australia, is in the jffiHo,vgmg terms;— . j; Downing-street, Bth .March, 1805. tLerd.—With trefertnee to your ©x•wellency’a telegrams of ,22nd August and IjJSfch last, I ;have the honour bo itramsndt To you, for- the information •bf your Ministers, the accompany jig ioopy -of va.meport prepared for the Ship:jocw l nens’ Raiuiameirtary -Committee by jldeaars Wdightman and Redder, solicitors <and .secretaries \af the Liverpool Ship--owners’ Association, on the subject of the Navigation Bill, together w th A .f<copyi of a letter from the Parliamentary -committee. 52. His Maj esty’s Government .'have re'©ently bad vurdt-r . their consideration a jeoaerved bill of the Parliament of New Zealand, shortly entitled -.the r Shipping end Seamen Act 1993. in connection with that ’ bill', the solicitor to the. Board of ’‘Trade has prepared a memorandum, dealing -with the general principles on which in his opinion in the interests of b>th the Mother; Country and the colonies. Colonial legislat On in regard to merchant {Chipping should be' based. A copy of it >jb enclosed for the information of your Ministers. ... ,3. Has Majesty’s Government would be >giad if these documents can be laid be-

fore the Royal Ooramieion which is now considering the Navigation Bill. 4. They feel, however, that the larger questions raised in them should no longer be .allowed to remain without an attempt at a more general solution than can be effected by any one part of the Empire alone. The difficulties surrounding the question of the conditions which are to govern merchant shipping under the Brit.sh flag cannot, in their opinion, be properly met by a continuance -without -modification's of the existing system, under which the several parts of the Empire may, and do, legislate with different results on many important matters in which uniformity is desirable. The introduction of the Commonwealth Bill, and the /recent passage of a comprehensive act in New Zealand, have led his Majesty’s,Government to the conclusion that the time has -now come when the whole situation should be reconsidered in the light of experience of the ten years since the Merchant Shipping .Act, 1894, was passed. 5. Your Ministers will see from the documents enclosed in this despatch that the difficulties of the present system fail under two heads—first, the legal and constitutional question concerning the scope of the powers enjoyed by .colonial Legislatures' under the Merchant Shipping Act. 1894; and secondly, the practical inconvenience arising from divergent legislation 'by the 'Parliaments of the United Kingdom and of the colonies. jS. ’The first of these subjects is considered -in the memorandum in the solicitor to the Board of Trade. It is sufficient -for present purposes to point out that ■it appears from this memorandum that it is altogether clear what are the powers of colonial Legislatures in regard to merchant shipping, and it will be obvious to your Ministers that any doubts on such an important question ought to be dispelled once for all, if necessary, by amendments of the Merchant Shipping Act. 1894. - 6

7. The practical inconveniences which may arise from divergent or opposed legislation, in different" parts of the Empire are indicated in Messrs Weightman and Pedder’s report on the Commonweal! Bill. His Majesty’s Government must not be taken to indorse all their criticisms, but the report makes it clear that British ships trading between this country and ports in Australia may conceivably comply with the requirements of the law here, but, nevertheless, find on arriving at- colonial v ports that the law to which they are there subject demands -of them compliance with conditions dii feeing in important respects. 8. A have already said-that in the opinion of his Majesty’s Government the time has come to reconsider the whole situation. It is impossible to discuss and settle by correspondence questions of the magnitude and complexity which such a -reconsideration involves, and they therefore propose that at as early a date as can be arranged, a conference, composed of representatives of the United Kingdom. Australia, and New Zealand, should meet here with the object of obtaining as much uniformity as is feasible in shipping legislation, and of removing ambiguities which lead, or are likely to lead, to litigation and confusion.

9. His Majesty’s Government won Id be ,glad if your Ministers would take the matter into their early consideration, and inform me as soon as possible of their -decision. If, as his Majesty’s GovernJnent earnestly hope, it is decided to accept this .proposal they would suggest that your Government should select three or four representatives ( ncluding, if possible, representatives both of Australian shipowners and Australian seamen), and apprise me of the date whica would be most convenient for them to come to England. 10. I regret that I have not been able to set forth at .an earlier.date the -views of his Majesty’s Government on the questions raised by the Australian Navigation Hill, and your Government will understand that they have no aesire to withdraw those questions from the edn.sideration of the_ Royal, Co. a mission in Australia. But in examining the subject they have been forced to the conclusion that if the merchant shipping of the Empire engaged in the oversea trade ; is to prosper m the future as it has done tin the, past, It must .be .governed by a code as nearly uniform throughout the Empire as the diversity of. icircum stances will allow, and that it is impossible in practice to work towards such a code unless the principles and the more important details can be definitely settled in concert by the Imperial and colonial Governments. Such a settlement, so far fro m impeding theiabours .of Parliaments and the Royal Commissions in the colonies, will, in the opinion of his Majesty’s Government, ultimately Lighten them. It is as a first step to the attainment of that object that -his Majesty’s Government now proposes a conference with the representatives of Australasian shipping. They are confident the proposal will meet with the consideration from your Ministers which is demanded by the vital importance of the subject to an Empire whose strength and greatness rests so Largely upon ite seaborne commerce. 11. I .have addressed ; a similar despatch to the Governor of New Zealand, and shall inform you of his reply in due course. —I have, etc., (Signed) ALFRED LYTTELTON. Mr Lyttelton’s communication to Lord ■plunket, the Governor of New 'Zealand, bearing date Bth March, 1905, is to siuii•lar effect, and for the most part,' in exactly similar terms.