LEGISLATIVE COUNCIL ACT, 1914

Dominion, Volume 14, Issue 3, 29 September 1920, Page 8

LEGISLATIVE COUNCIL ACT, 1914

OPERATION MAY BE FURTHER POSTPONED STATEMENT BY SIR FRANCIS BELL A proclamation issued some time ago under section Jr of the Legislative Council Act, 19U (Which was passed to make the Council an elective, and not tin appointed body), fixed a date upon which tho Act was to come into operation. When tho second reading of tho Legislative Council Amendment Bill was mentioned in the Upper House, Sir Francis Bell gave notice of a new clause which proposed to nullify the proclamation in question, and to provide for the issue of a further proclamation appointing n date for the commencement of the Act. After listening to the Attorney-General's explanation of tho reason for bringing forward this clause,-the Council decided to jostpono the second reading debate till Francis BelU said that two difficulties had occurred in connection with the bringing into operation of tho Legislative Council Act of 1914. lhe first had been occasioned by the formation of the National Cabinet. That difhculty 'had now been finally removed. the second had been created by the promise given by tho Prime Minister m IJI4. and repeated on subsequent occasions, that each House should have full opportunity of reconsidering the proviinons of the Act. With the object of giving effect to that promise, the Bill bulore the Council 'had been introduced. It was now clear that the Bill could not ainve in the Houso of Representatives in time for the Prime Minister to givo olfect to his promise to the House. If it had been possible for tho Prime Minister to give effect to his promise to tho House that it should have full opportunity of reconsidering the matter during t'he present session, he (tho speaker) would not have had to proposß to the Council j what he was about to propose: for after the resolution of the Council he would either have discarded the Bill and 1 the Prime Minister would have dealt with the matter by resolution in the House, or h© would have asked the Council to send down the Bill to the House. Tho Prime Minister having satisfied himself that there was not sufficient time during the present session for him to carry out his promise, the speaker' proposed that tho Council should adopt tho following new clause <js an amendment of the Bill "(1) Notwithstanding the issue of the proclamation pursuant to section 4 of the Legislative Council Amendment Act, 1918, published in the Gazette on January 8, 1920, the Legislative Council Act, 1911, gball not commence on the date appointed\ by that proclamation. (2) A date for the commencement of the Legislative Council Act, 19M (except as provided by sections 2 and 5 of the Legislative Council Amendment Act, 1918), shall be appointed by a further proclamation pursuant to scction -4. of the Legislative Council Amendment Act. 1918."

Sir John Sinclair asked tho AttorneyGeneral whether it was proposed to retain clauses 2 and 3 of the Bill beforo the Council (clause 2 amends the rules for fixing the boundaries of electoral divisions under the Act, and clause 3 provides that members of the Executive Council, not esceedins' two in number, may bo appointed to tire Legislative Council. There are no other operative clauses in the Bill). Sir Francis Bell's reply was: Yes. They are desirable amendments of tno Act when it comes into force. I do not propose to send to the House a Bill of one clauso. Sir John Sinclair expressed a doubt whother in passing clause 3 of tho Bill tho Council would not be taken to confirm the Act of 19H. Sir .Francis Bell rejoined that if members of the Council thought that, lie would be sorry. The 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, he could not consent to tho sending down of a Bill of only one clause. Ho would not 'think that consistent with his own position or the . position of the Government he represented. > The Hon. W. H. Triggs asked whether, if the amending Bill was passed, both Housed would next year have the full opportunity promised by Mr. Mossey o'f reviewinc the whole question bound up in the 1914 Act. Sir Francis Bell: Yes, emphatically. That k the proposal.

INDENTURED LABOUR TREATIES OE PEACE BILL IN COMMITTEE. Tho House last night went into Committee on the Treaties of Pence Amendment Bill, which extends for another, twelve months the power of the New Zealand Government to make regulations for the administration of Samoa. The Labour members had already indicated their intention to oppose this Bill, on the ground that it continued the indentured labour system. They had much to say last night about various aspects of this system. Replying to an observation of Mr, M'Combs (Lytlelton) regarding the small number of Chinese women that accompanied the last batch of Chinese labourers brought to Samoa, the Minister of External Affairs (the Hon. E. P. Lee) said the difficulty was that the Chinese wives would not go to Samoa unless they were allowed to work, and were paid for their work. "If the member for Lytlelton will say he withdraws all objection to the wives coming to Samoa, working there, and being paid, the difficulty can he got over from tho Samoan point of view." "Tho Minister knows very wall that I am opposed to Chinese indentured labourers going to Samoa,"be tlioy mon or women," Mr. M'Ccanbs replied. The Minister of External Affairs, speaking after the debate had proceeded for some time, suggested that there was no need for heat in the discussion. Tho Government had no personal advantage to gain by using indentured labour. It believed "that the use of this labour was essential to tho well-being of Samoa. To say that the Chinese labourers were mis-, led was absurd. These labourers were told in China the rale of wages, the terms of paymont,-the period of tho contract, and tho hours of work. They were then 6ent away for tliTeo days. When they returned tho explanations were repeated and tho contract was read to them. Any man who objected to the terms was returned to his own village. Tho labourers went to Samoa with a perfectly clear idea of tho conditions. After lengthy debate, in which some Opposition and Independent members took part, Mr. Holland (Bullorl movod an amendment intended to reduce the period of extension of the Government's powers from one year to nine months in order that the House might have an opportunity to consider the matter before the end of next session. The amendment was defeated by 11 votes to 10. Mr. M'Callum (Wairau) moved the following new clause:—"From and after the passing of this Act, no person of any nationality shall be employed on terms otherwise than in accordance witih the laws of New Zealand at the time of the taking-over of tho mandate, and all contracts of service now current 9hall be modified, varied, and construed so as to conform to 6uch lawti at tho dato aforesaid." This clauso was rejected by 3G votes to 16. A furthar amendment by Mr. Holland, providing for the repatriation of all indentured labourers on tho termination of their indentures, and prohibiting the indenturing of new labour in Samoa, was rejeoted by 33 votes to 20. The Bill wus read a third timo and passed after s:imo of the arguments advanced in Ccmmitteo had been repeated on the notion for the third reading