A.-l

17

It is true that under the Standing Orders there is power to make a call of the Council at any time; but there should at all times be grave reason before this power is exercised. What would be the use of making a call of a Council the weakness of which springs from physical causes ? Those members who are unable to attend through failing health, paralytic affliction, &c, would simply send a medical certificate, and their attendance would be necessarily excused. Again, the Minister in the Council representing the Government cannot command the majority necessary to pass the resolution ordering a call to be made; for, as previously stated, the party in the Council which generally support the Government measures are in a hopeless minority there. His Excellency states that Councillors are not accountable as to how often or when they give their votes. By " The Legislative Council Act, 1891," it is enacted that Councillors appointed after the passing of the said Act are nominated for a period of seven years only. Their conduct while Councillors will come under revision when the time comes for reappointment, and they are therefore answerable to the people of the colony. If they have not performed the functions for which they were placed in the Council, their claim for reappointment, if made, will not be admitted. It is somewhat different, it is true, with regard to the life-members, and His Excellency's remarks can be properly applied to them when he says " they are not accountable to any one as to how often or when they give their votes." Yet their efficiency, or want of efficiency, should, and may be, a matter of concern to those charged with the government of the colony. The Premier would point out that scant attention is discouraging, and impairs the influence the Council should have on the people and public affairs of the colony. He therefore regrets that His Excellency should think that any argument founded on voting-lists, voting-power, or attendance ought not to have weight, when it has been incontestably proved that the Council is not, as at present constituted, efficient and able to perform its functions. His Excellency states in the memorandum under reply, " . . . . the Governor cannot be charged with inconsistency. Had any arrangement been made fixing the strength of the Council— an arrangement which he thinks most advisable—it. would be incumbent on the Governor to fill vacancies as they occur; but no such arrangement has been made." Seeing that the number of Councillors on the roll at the time of the agreement to make the twelve appointments was brought up to forty-eight, or one less than would be the case if the advice now tendered, to create four new Councillors, were acted upon, it is not unreasonable to infer that, at the time and for the time-being, a temporary arrangement had been made, and one to which, on the advice of the Secretary of State for the Colonies, His Excellency agreed. Ministers are not acting unconsciously from party considerations in tendering the advice. Nor would the advice, if acted upon, interfere with the dignity of the Council as an independent branch of the Legislature. It is well known that, after the addition of the twelve Councillors appointed on the advice of the Ballance Government, those members of the Council who generally support Ministerial measures were still in a minority. In proof of this the Premier submits that in the session of 1893, and after the twelve appointments had been made, and the new members had taken their seats, nearly every policy measure of the Government was decisively rejected. Thus the people were denied the advantages of the reforms asked for them, though these were passed by the House of by emphatic majorities. The contention, therefore, that, should a change come over the feelings of the country, and the Opposition come into power, the new Government would have as much right to demand sixteen Councillors as Ministers can now have to ask for four, falls to the ground; for should the present vacancies be filled, the Opposition party would still have a majority of some twelve votes, and, consequently, to that extent a preponderance of voting-power in the Council, and any necessity for the Opposition party making further additions would be quite imaginary. The Premier is pleased to find that His Excellency has not questioned the statement made in the previous memorandum, that the party now in power is notoriously in a minority in the Council, and that its voting- and speaking-power in the Council have been weakened by deaths and resignations. It therefore cannot with reason be urged that in advising the appointment of these four members to the Council Ministers were seeking for a means of rewarding supporters. The only record of such a proceeding in New Zealand is to be found in the memorable episode of January, 1891. Then, after having been defeated at the polls in 1890, the present Opposition party, though already in a large majority in the Council, advised through the Premier the appointment of seven Councillors. This advice was accepted. Its acceptance brought up the voting-power of that party to forty, as against six members who at that time supported the party now in power. The Premier respectfully submits that the appointment of four Conncillors would not interfere with the balance of parties. At present it is difficult to have Government measures fully debated. Nor can the Government be fairly represented on Committees. When measures are before Select Committees they return to the Council mutilated, and thus their chance of passing is prejudiced. The Government before the vacancies occurred were in an appreciable minority ; they are now in an even worse position. The desire of His Excellency's Advisers is that the Legislative Council should be made efficient in the truest and fullest sense of the word; that the feelings of the country should be expressed in both branches of the Legislature ; and that the Council should be brought into harmony with public opinion. This the Legislature intended when passing " The Legislative Council Act, 1891," limiting thereby the term of office to seven years, in lieu of life as hitherto. The Premier again very respectfully submits that the colony has long enjoyed a free Constitution. Never under similar circumstances has there been a refusal to accept advice tendered. Ministers are thus impelled to the conclusion that the confidence which should constitutionally be reposed in them has been withheld. If His Excellency perseveres in disregarding the advice tendered, the privileges of the people of New Zealand will necessarily be curtailed. Irritation must follow, and the ties of affection between Her Most Gracious Majesty's subjects in New Zealand and the Mother-country be weakened.

3—A. 1.