Orders of the Day — Indian Independence Bill – in the House of Commons at 12:00 am on 14 July 1947.
Mr R.A. Butler
, Saffron Walden
The Committee will remember that under Section 288 (1) of the 1935 Act Aden was separated from India at that date. Now it is proposed, according to this Clause, that Subsections (2) to (4) of that Section should be repealed. I should like to ask one or two questions now as to what the future type of government for Aden is likely to be. It will be known that the government of Aden developed gradually and firmly in a more and more efficient manner, and that the situation there, in relation to the hinterland in particular, latterly appeared to be very satisfactory. It would, therefore, be of interest to the Committee to know what the position will be; to know to what office of government Aden will go, and who will be the Minister or Secretary or State responsible for the future administration of Aden under the British Settlements Acts? I presume that it will be the Colonial Office.
I want to be quite clear about the question of appeals under the general constitution of Aden to courts in the Indian Peninsula. It would appear from Subsection (3) that unless and until provision to the contrary is made under the British Settlements Acts of 1887 and 1945, of a new law for the new Dominions is made, they will continue to go both to Aden and to the Dominions. I want to be quite clear on this, because it does look rather muddling. In which particular one of the new Dominions will appeals from Aden be heard? It will be somewhat difficult for a British subject living in Aden to choose whether an appeal shall go to one or the other. I do not know whether any arrangement has been made designating with which particular courts appeals should lie in the interim period
Is it the intention that appeals shall still lie under the Act of 1935? If so, why has trouble been taken to repeal the Subsections concerned? I refer to Section 288 (2) to (4). I take it that the ultimate desire is that appeals shall not necessarily lie to India, and Subsection (3) is retained for an indefinite interim period pending powers being taken under the Settlement Acts or by the new Legislature. From the administrative point of view, it appears that Aden will be administered under the Colonial Office, and I should be very much obliged if the Attorney-General, with his clarity and wit, could clarify the position for us.
Mr Hartley Shawcross
, St Helens
The intention is that appeals shall go to the High Court in Bombay, and whether the Settlement Acts shall apply, will be a matter for consideration hereafter.
Mr Arthur Molson
, High Peak
I would like to point out that, years ago, it was decided to separate Aden from India, and it was only as a matter of convenience that appeals continue to lie with the High Court of Bombay. Now this very fundamental change is being made, with Dominion status being given to the two parts of India, and I should have thought that appeals from this Colonial possession should lie with the Privy Council. I am surprised to hear the explanation given by the Attorney-General.
Mr Hartley Shawcross
, St Helens
I thought the point had been made quite clear. It is that the alteration of the existing machinery is a matter for consideration, and a new Order-in-Council will be made transferring the appeals to another court. It is a matter of convenience for the interim period.
Mr Arthur Molson
, High Peak
I can well understand that during the interim period it may be necessary to do this, but I must say that it appears very odd. I can think of no parallel case. The responsibility for Aden will lie with Ministers in Great Britain, and surely these appeals must go to the Privy Council, and not to the courts of one Dominion. Surely, a statement should be made at an early date—even if, for the sake of convenience for a few weeks or months this arrangement has to be followed—that these appeals will come to this country.
Mr Hartley Shawcross
, St Helens
I do not doubt that that is what will happen. I cannot say when it will happen, but we are trying to use the best method of meeting the convenience of those concerned.
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