THE FEDERAL COUNCIL BILL

Waikato Times, Volume XXIV, Issue 2005, 14 May 1885, Page 2

THE FEDERAL COUNCIL BILL

Tmk following is the text of the memorandum by Now Zealand Minister on the proposed Imperial Act for constituting an Australasian Fedeial Council, which has been forwarded to us from Wellington .— The Government of New Zealand appeal to the Secrotai y of State for the Colonies, and to the Governments of the Austiahan Colonies, to reconsider the question of the Federal Coiuit.il-> Bill, so fai as to provide tli.it no legislation of the Federal Council shall hiivo effect within any colony until the Legislature of that colony shall li.ivo approved of such legislation. This Government consider it would be quite imp >ssible, without the insertion of such i\ piovision, to recommend its acceptance to the Parliament of New Zealand ; and equally impossible, if any Government were to recommend it, that the Parliament of New Zealand would consent to such an utter abnegation of its power.-, as would be involved by it* accepting the Feiieial Council under the Bill propped. If the Uill Ik'C hub an Ait of the Imperial Paihament, it u ill hiive no effect within any colony that does not elect through its Legisl iture to adopt it. But when once a colony has accepted the Act, it notild place itself in the pom tii >n of allowing a. number of law's iclating to most impoit.int subjects to bj passod without any laiger share m tlie legislation than would be compiled m the presence of two of its repiesentatives in the Council. In other woids, the L<?gi-l.ituie of a constitutional colony would be asked to name two peinons who, in company with many persons from other colonies — Crown and constitutional— would havo a final legislative power over a large number of questions of the utmost moment to the colony. The Parliament of New Zealand is very jealous of the exercise of its legislative power, and it is quite certain that no Government would be ablu to obtain from it the right to finally legislate upon any subject th.it could be proposed. How, then, is it possible that it would be willing to confide to two representatives associated with many other persons (who for the purpose of discussion may be considered .strangers to the colony), powers of final legislation on a numbei of subjects? Theio is no reason to Iwlieve tli.it the Parliaments of othei colonies are less disposed to guaid tlieii functions. It appears to this Government that the piopob.il is altogethei inconsistent with the autonomous powers which ace tested m the Legislature* of the various colonies. Any Act by which it is proposed to bind a colony has now to pans through a well-con-sideied stages, dining any of which a re- \ ision of the proposed legislation may bu accomplished, and public opinion brought to bear on the question. Not only has the measure to pass through one Chambei, but it has to p.iss through both Chaiubei.s bi'foio it can become law. It is quite possible that many people may have the opinion that two Chambers arc not a necessity, but it is clear that, an long .is two Chambers aie the established piactice within the constitutional colonies .i» the medium for passing laws of any kind, it is quite inconsistent »vith that practice that tin- piolubly most important questions with which a colony can dual should be left to one Chamber 01 Representative Committee. Mmisti'is venture to express these opinions to the Secietar> of State for the Colonies, and to the Ministers of the other Austial.tsiau Colonies, in the h»pe that they may see tit to reconsider the question. This eomse is pursued with tho moie confidence because the Government of NewZealand aie of opinion that if the Imperial Bill be enacted it will remain a dead-letter, that is to say, that the Legislatures of no four colonies within tho Australasian group would agiee to adopt tho act, and oy so doing commit, as has already been described, some of the extensive poweis of legislation w ith such Pju liament now itself possesses to bo finally dealt with by tw ) representatives only, associated with a laige number of Representatives of other colonies. The amendments proposed to bo made in the Act by Her Majesty's Government do not affect tho point to any extent. The clause allowing tho withdrawal of a colony is not important, seeing that the laws which already have been passed will not bo repealed by Mich uithdiaual. Whenever tho time shall arrive that a colony may wish to withdiuw, the dcsii'o will have been occasioned because of some legislation to w Inch it objects; and its withdrawal instead of cancelling tho legislation may be the means of permanently sustaining it. If the we us of this (mm eminent could be acceded to by the other colonies the establishment of a Federal Council thus sanctioned would still be au lmpoitant step, and experience wculd show whether it sufh'eiently answeied the purposes desired of it to enable the Legislatures of tho eoloin to dispense with the approval of Acts subsequent to their passing the Council, which is now asked for. This Government, however, feels that in holding out this hope they would bo wanting in eandoiu, and they must therefore say that, in their opinion, howover well tho Federal Council may work, the Parliaments of the vai ions colonies will not agree to relinquish to a Council, such as is pioposcd by the Bill, powcis of iinal legislation on any subject whatever. It the powers of tho Council were limited as suggested, the Government are of opinion it might be very useful in assisting to frame laws of common intercut to all the colonies, whilst it would strengthen the bondb of union betweon them.