The Wanganui Chronicle MONDAY, MAY 11, 1931. APPEALS TO THE PRIVY COUNCIL

Wanganui Chronicle, Volume 74, Issue 109, 11 May 1931, Page 6

The Wanganui Chronicle MONDAY, MAY 11, 1931. APPEALS TO THE PRIVY COUNCIL

jy|R. COSGROVE, President of the Irish Free State, has declared that “the growth of friendly relations between the

Irish Free State and Britain depends upon the complete elimination in form as. well as in substance of any appearance of inequality. The main question outstanding between us and Britain is that of the Judicial Committee of the Privy Council, and appeals to that body from our Supreme Court. Their continuance is incompatible with our status and an insult to our dignity and our sense of fair play.’’ Such an expression of opinion, although vigorous, is certainly not new iu idea. Even so eminent an authority as Professor A. Benidale Keith, the author of “The Sovereignty of the British Dominions,” has remarked that “it is obviously absurd to declare that Canada is autonomus and an equal member of the British Commonwealth of Nations, and at the same time to hold that the Courts of the Dominion are unfit to do justice to an unfortunate lady who has an accident whilst seeking to enter a Canadian railway station, to take one of the issues recently decided by the Privy Council, over-ruling the Dominion Courts. Dr. Manfred Nathan, K.C., of South Africa, in his book “Empire Government,” commenting upon this view, observes: “It does not, however, seem to follow that the existence of the Judicial Committee of the Privy Council constitutes a derogation from the autonomy of the Dominions. The Judicial Committee is a Court of Appeal for the Empire or Commonwealth of Nations as a whole, as distinguished from Great Britain, with regard to whose courts it does not sit in appeal, except in certain cases which are relics of the ancient jurisdiction of the Privy Council—namely, Admiralty appeals and appeals from the Ecclesiastical Courts. In so far as the Judicial Committee is a Court of Appeal for English cases, this places the Dominion Courts on a level of equality with the English Courts, from which an appeal lies to the same tribunal. The appeal to the Judicial Committee no more renders the Dominion Courts “unfit to do justice” than the appeal from the English Court of Appeal to the House of Lords Court renders the Court of Appeal “unfit.” The Judicial Committee, in other words, is simply the final court of resort for the whole Empire, and in this respect the courts from which appeals lie all stand on an equal footing. It is, however, true that the Judicial Committee is constituted and regulated by Acts of the Imperial Parliament. The reason for this, however, is purely historical, and this fact no more interferes with self-government in the Dominions than does the fact that the succession to the Crown, which is the head of each Dominion, is regulated by an Act of the Imperial Parliament.” The question of Dominion appeals to the Privy Council was discussed at the Imperial Conference of 1926, the report of which Conference runs as follows on this matter: “From these discussions it became clear that it was no part of the policy of his Majesty’s Government in Great Britain that questions affecting judicial appeals should be determined, otherwise than in accordance with the wishes of the part of the Empire primarily affected. It was, however, generally recognised that, where changes in the existing system were proposed which, while primarily affecting one part, raised issues in which other parts were also concerned, such changes ought only to be carried out after consultation and discussion. So far as the work of the committee was concerned, this general understanding expressed all that was required. The question of some immediate change in the present condition governing appeals from the Irish Free State was not pressed in relation to the present Conference, though it was made clear that the right was reserved to bring up the matter again at the next Imperial Conference for discussion in relation to the facts of this particular case.” Prior to the opening of the Imperial Conference last year the status of Ireland was made an issue by Mr de Valera, so Air McGilligan went to Westminster witli the abolition of the right of appeal from the Free States Courts to the Judicial Committee of the Privy Council, as one of his chief objects of attainment; for, by gaining this end, he would be outflanking Mr de Valera. In this purpose, however, he was not successful. The Free State representatives contended that they could abolish this right of appeal, which is implied in the Canadian status conferred on the Free State by Article 2 of the 1921 Treaty, without altering the Treaty, because Canada now had the right to do so if she wished. The English representatives maintained, on the contrary, that this right of appeal cannot be abolished without an infringement of the Treaty. The only way out would seem to be an alteration of the Treaty by mutual consent, but this the Free State Government does not desire, as its attitude has always, very properly been that the Treaty position must be maintained in its integrity at all costs. The anticipation is that the Free State will await the passing 01. the Statute at Westminster, thereby conferring upon the Dominions much wider power, and which statute will also, presumably, contain provisions for the settlement of disputes between members of the Commonwealth, by the appointment of two members each appointed by the disputants and a chairman. When this statute is passed the Free State will, it is assumed, prohibit appeals to the Privy Council. Unfortunately, this matter of Privy Council appeals has become the subject of sectarian strife, the two Archibishops of the Church of Ireland have written a letter on the question, demanding the retention of the right of appeal to the Privy Council, while at the same time acknowledging “the fair and generous wav’’ they have been treated, by the free State. In view of the fairness of the present regime the Archbishop s intrusion appears to be unfortunate. Mr Cosgrove’s recent utterance has possibly been inspired by the ebb and flow of political thought in Ireland, but it must be confessed that the work of the Imperial Conferences leads to the direction in which he has pointed, although it is difficult to see how the existence of an efficient umpire can east a reflection upon the fair play of any party in any sphere.