The Dominion.Hie SATURDAY, SEPTEMBER 19, 1913. REFORM OF THE LEGISLATIVE COUNCIL.

Dominion, Volume 6, Issue 1854, 13 September 1913, Page 4

The Dominion.Hie SATURDAY, SEPTEMBER 19, 1913. REFORM OF THE LEGISLATIVE COUNCIL.

A very valuable contribution to the increasing mass of information availablo to the New Zealand Parliament on the subject of the constitution and powers of Second Chambers has been made by the Select Committee of the Legislative Oouncil to which was referred the question of the reform of the constitution of our own Upper House. The report of this Committee, which was presented yesterday, makes certain definite recommendations f hich must receive consideration on their merits, but the Committee has in addition performed valuable sorVice by presenting in concise form a variety of use.fiil facts, including the history of the General Assembly of New Zealand since the passing of the Constitution Act of 1852. The various changes which have taken place in the constitution of both Houses of Parliament are clearly though briefly together with H-n outline of many, proposals to oHsufc

changes which did not meet with the endorsement of the Legislature. The work of tho Committeo in collecting and presenting in concrete form this mass of material must prove of distinct advantage to the present and futuro Parliaments, when questions affecting the constitution of either branch of the General Assembly may 1 come up for review. The recommendations of the Committee as to the nature of tile reform which they think it most desirable to adopt in connection with the Legisla- | tivo Council aro antagonistic to the proposals embodied in the Bill of the Massey Government.. The Committee aro in agreement with the policy of tho Reform party to the extent that they recommend that the present system of appointment to tho Council by nomination "should be changed to some system of election,"' but that is all. The Government Bill proposes election by the people; the Committee's proposal is that tho Legislative Council shall bo elected by the members of both Houses of Parliament acting' together. The attitude of the Council towards tho Government's Bill during the Second Reading debate, did not encourage the hope that the Committeo would be likely to bring down a report fayour'ablc" to the measure, and it is something even to havo secured an admission tnat . the nomination system must give way to an election system. But what really surprises us is that the Committee should bare ventured, after discarding the Government's proposed method of election, to have substituted proposals which are so manifestly designed to benefit present members of the Council and serve party ends. One cf the arguments put forward against the elective Bystcm on a basis of manhood'suffrage, as provided in tho Government s Bill, was that it would lead to the party elements in tho House of Representatives being introduced also into the Legislative Council. No doubt that is possible; but the proposals of tho Committeo not only fail to afford any guarantee against a similar result, but they actually provide'the means by which tho will of .the" doctors can bo dircctly thwarted. There is a provision in the Committee's draft Bill which, under existing circumstances, ihay be so used as to secure for the party in a minority in tho popular Chamber a continued dominance in the Legislative Council. It is indeed a most ingenious proposal, and should at least receive the hearty support of such of those members of the Council who desiro to retain their seate, as well as the warm endorsement of the gentlemen on tho Opposition benches in the House of Representatives. To appreciate tho full enormity of this proposal, the position of parties in both Houses requires to bo understood. It is true that tho claim is made that there aro no. party divisions in tho Legislative Council, but everyone knows that with the majority of Councillors their sympathies are undoubtedly directly for or against tile Uovernment, and that on any question aliectiug the late of parties, tne manner in whicli the votes of theso members would bo cast could De confidently anticipated, in tlio House ol liupresentatives tlie Government probably could rely 011 a majority 01 at least 6 votes-; in the legislative Council as at present constituted tho Government could not rely on more than twelve out ot tho 42 votes, 'ihus in a total vote 0! tlie two Houses they would be in a decided minority. Observe, then, tlio manner in which tlie Committee ot the Legislative Council has gone out of its way to provide, under its elective proposals, a means by which tue party in a minority 111 tlio popular Oliauiber can continue to preserve its majority, secured by nomination, in tho Upper House, it is proposed that the Uouncil shall consist ot 41) members, exclusive of Native members and the member of the Jiixecutivo representing the Government, who may be nominated. At tho present time tnero are 4U Jiuropean memDers, including the Minister. But in October one ot theso members will retire, and next year fifteen others —all nominees of tho Continuous Ministry. Twelve of the iilteen aro due to retire on January 22 next. It will be readily seen tliat on the retirement of these members, with parties constituted as tliey are, the election 'to fill their places would probably result in the Government's nominees for tho vacant places being elected. Tho Committee, however, has endeavoured to remove any possibility of such a happening by including in its recommendations a special proviso relating to tho 12 members, who in the ordinary course of events would rotirc in January, which reads as follows: — Of the twelve membors of tho Council whoso terms of otlice expire by effluxion of time on the twenty-second day of January, nineteen hundred and fourteen, or such of them whoso seats have not been previously vacated, three shall • retire on that day; three shall continue in office (without reappointment) until tho twentysecond day or February then next, and shall then retire; three shall continuo in office (without reappointment) until tho twenty-second day of March then next, and shall then, retire; and tho remainder shall continue in office (without reappointment) until tho twenty-second day of April then next, and shall then retire.

This proviso looks innocent enough, though actually its effect would bein conjunction with another_ clause which provides for the election to fill vacancies being held some days prior to the date of retirement of the sitting members —that the retiring members would each be given the opportunity of voting for one another. The only useful purpose we can see in this is that it enables them to put their heads together, and with the support of the Opposition in the Lower House secure their own ■ re-election. _ This is no doubt the purpose in view. It is palpably a trick to give the retiring member!, of the Council an advantago for which there is not the slightest justification, and which is plainly designed to play into the hands of the party which is in a minority in the House of Representatives. ' What can the public think of the purpose behind the recommendations of this Committee in face of the inclusion of such a clause? They must see the dangers attached to the wirepulling and party trickcry which is inseparable from the system of election which tjjc Committeo have ' recommended the Council to adopt. The proposals of the Government to givo the people themselves the right t» elect the Legislative Council are not without their weakness, but they at least afford a fair opportunity for the public to make a selection in an open and straightforward manner. It is satisfactory to note that the Leader of the Council, on behalf of the Government, made an emphatic pronouncement as .to the 1 view which Cabinet takes of the Committee's recommendations. The Government are entirely opposed to them, and will proceed with their BUI, which passed ite second reading aiid ia bow in its Qoumuttce stage,