LEGISLATIVE COUNCIL

Otago Daily Times, Issue 18053, 29 September 1920, Page 2

LEGISLATIVE COUNCIL

coming into operation of ti-ij3 act.

FURTHER POSTPONEMENT.

DISCUSSED IN THE COUNCIL,

(From Our Own Correspondent.) WELLINGTON, September 28 A proclamation issued some timo u^o U t ndol, i O 6 ?J" tio V 4 , ot tho Council Act, 1914 (which was passed to make tho Council an elective, and not an appointed body) fixed a date upon which the Act was to come into operation. When the second leading of tho legislative Council Amendment Bill was mentioned in tho Upper -Uouso to-day Sir Francis Bell gave notico ot a nevy clause which proposed to nullify the proclamation in question, and to provide for tho issue of a further proclamation appointing a date for tho commencement of the Act. After listening to the AttorneyCon oral s explanation of tho reason for bringing forward this clause, the Council decided to postpone tho second reading debate till to-morrow. Sir Francis Bell said that two difficulties had occurred in connection with, tho bringing into operation of tho Legislative Council Act of 1914. The first had been occasioned by tho formation of tho National Cabinet Ihat difficulty had now been finally rol moved. The second had been created by the promise given by tho Prime Minister m 1911 and repeated on subsequent occasions that each House should have full opportunity of reconsidering the provisions of the Act, with the objeot of giving effect to-that promise the Bill before tho Council had been introduced. It was now clear that the Bill could not arrive in the House of Representatives in time for the Prime Minister to give effect to his promise to the ■House. If it had been possible for tho Prime Minister to give effect' to his promise to the House, that it should have full opportunity of reconsidering the matter during the present session, he (the speaker) would not have had to propose to the Council .what he was about to propose, for after the resolution of the Council he would either have discarded the Bill, and the Prime Minister would havo dealt with the matter by resolution in tho House, or he would have asked tho Council to send down tho .-m to the House The Prime Minister having satisfied himself that there was not sufficient time during the present session for him to carry out his promise, he (Sir Francis Bell) proposed that the .Council should adopt the following new clause as an amendment of the BUI:—(1) Notwithstanding tho issue of the proclamation pursuant to section 4 of tho Legislative Council' Amendment Act, -1918, published in tho Gazette on January 8, 1920, the Legislative Council Act, 1914, shall not commence on the date appointed by that proclamation; (2) a date for the commencement of tho Legislative Council Act, 1914 (except as provided by sections 2 and 5 of tho Legislative Council Amendment Act, 1918) shall be appointed by a further proclamation pursuant to section 4 of tho Legislative Council Amendment Act, 1918. Sir John Sinclair asked tho AttorneyGeneral whether it was proposed to retain clauses 2 and 3 of the Bill before the Council (clause 2 amends the rules for fixing the boundaries of electoral divisions under the Act and clause 3 provides that members of tho Executive Council, not exceeding two m number may "bo appointed to tho Legislative Council. There are no other operative clauses in tho Bill). Sir Francis Bell's reply was: Yes, they are desirable amendments of tho Act when it comes _ into force. I do not propose to send to tho House a Bill of one clause. Sir John Sinclair expressed a doubt whether in passing clause 3 of the Bill, the Council would not be taken to confirm the Act of 1914. Sir Francis Bell rejoined that if members of the Council thought that ho would be sorry. Tho Act of 1914 was on the Statute Book, and would commence to operate unless Parliament interfered. On that assumption only could he proceed. It was not .his desire that -hon. gentlemen, by amending the Act in unessential particulars should feel that they appeared to confirm it as then advised. Ho could not consent to the sending down of a Bill of only one clause. He would riot think that consistent with his own position, or the position of the Government ho represented. The Hon. W. H. Triggs asked whether, I if the amending Bill was passed, both Houses would next year have the full opportunity promised by Mr Massey' of reviewing the whole question bound up in the 1914 Act . Sir Francis Bell: Tes, emphatically that is the proposal.