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BOCUltfEHT I S TEE PROPERTY Off HIS BRITANNIC MAJESTY S GOVERIMSKT) ,
T
R E T .
3S3
COPY NO.
(30)
C A B I N S
TEE STATUTE OP WESTMINSTER.
MeE.orar.dura by t h e
Attorney-General.
(Circulated with reference
to Cabinet
In accordance with t h e
have,
directions
in consultation with the
Departments concerned,
redrafts
of t h e
(i)
of
of t h e C a b i n e t
l e g a l a d v i s e r s of t h e
considered tho
Statute
55(50; . Conclusion
q u e s t i o n of
Sib).)
I
Governmen
alternative
Westminster,
fc.r t h e p u r p o s e o f i n c l u d i n g i n t h e S t a t u t e
a s t a t e m e n t of t h e r i g h t of t h e U n i t e d
Kingdom t o admit t o Dominion s t a t u s s u c h
t e r r i t o r y as seems p r o p e r to her w i t h o u t
o b t a i n i n g t h o c o n s e n t of t h e o t h e r Dominions..
and
(ii)
(1)
effected
f o r t h e p u r p o s e of s e c u r i n g , so f a r a s
p o s s i b l e , t h a t I n d i a ' s c l a i m t o become
a Dominion s h o u l d not be p r e j u d i c e d , but
without r a i s i n g in express terms the other
issue.
I n my o p i n i o n t h e
by m e a n s
i n t e r m s of
to
say,
serious
"to
that
exclusively
imply t h e
T
annexed.
this
draft
I think
is
In the f i r s t
grant
of s e l f
a legal matter.
grant
would be
Statute
it
right
o p e n t o m o r e t h a n one­
place,
the
expression
a s a Dominion" i s an ambiguous o n e .
may i m p l y m e r e l y t h e
right
'A
objection.
constitute
alternative
:' a n a d d i t i o n a l , c l a u s e t o t h e
the draft
however,
first
c£ s e l f
t o be r e c o g n i s e d
government
government,
It might,
which
on t h e
coupled with
It
is
other
the
by t h e e x i s t i n g D o m i n i o n s a s ­
hand,
c o - e q u a l and the
enjoyment
p o s s e s s e d by t h e m .
and net
of a l l t h e r i g h t s
T h i s , however,
a legal matter,
nor i s
it
t h e U n i t e d Kingdom P a r l i a m e n t ,
government,
can compel t h e
their consent,
to
t h e whole" p u r p o s e
The p r o p o s e d c l a u s e ,
implies, yet,
the
if
for
a further
v h i c h does not
commencement
which does
Dominion.
the
so f a r
as
form p a r t
of t h i s A c t ,
as
a
of
a
necessarily
of t h e P a r l i a m e n t
of
but
juncture
a Province
Dominion can i t s e l f
Dominion.
agreement
clause,
might c o n c e i v a b l y
it
of a n
existing
cf t h e
existing
s e e m s t o me u n d e s i r a b l e
part
of an
be c o n s t i t u t e d a
arise
the
t h e q u e s t i o n by w h a t
or o t h e r
The C a b i n e t
are
in the
Self-Governing
aware t h a t
future
existing
circumstances
in which
this
q u e s t i o n w o u l d be s o m e t h i n g m o r e t h a n a n a c a d e m i c
(2)
best
The s e c o n d a l t e r n a t i v e
effected
recitals,
in the
draft
can,
I think,
by c e r t a i n a m e n d m e n t s , m a i n l y
to the
!
Statute
D' annexed,
I n my o p i n i o n i n d e e d ,
of-Westminster,
without
these
the
a s a D o m i n i c n any
form a p a r t
of s e c u r i n g t h e
open up a t t h i s
India
the
T h i s w o u l d no d o u b t b e n e c e s s a r y f o r
Dominions t o t h e
used
rlj^otion.
w h i l e a s s e r t i n g " t h e power of
a d e n i a l cf t h e r i g h t
authority
without
a m b i g u i t y any o t h e r p h r a s e i s
U n i t e d Kingdom t o c o n s t i t u t e
to
self
of t h e U n i t e d Kingdom t o c o n s t i t u t e
Dominion a t t h e
purpose
cf
t o w a r d s t h e new member w h i c h
also to
Dominion any t e r r i t o r y
territory
by a g r a n t
that
defeated.
I draw a t t e n t i o n
implies
to argue
of t h e a d d i t i o n a l c l a u s e
i s c o n c e r n e d w o u l d be
Parliament
possible
e x i s t i n g Domini ens
that recognition necessarily
of a v o i d i n g t h i s
privileges
political
accord such r e c o g n i t i o n with
a s s u m p t i o n of o b l i g a t i o n s
purpose
is a
and
one,
be
in
the
which are
any a d d i t i o n a l
amendments a r e i n
any
shown
clause.
event
an improvement
on t h e e x i s t i n g
w o l l be a d e p t e d e v e n i f
the additional
I feel;
clause)
require to
that
t h e mendnients which
and t h s
legal one;
the
assent
I
towards
Indian objection,
be s u p p l e m e n t e d by s o m e t h i n g f u r t h e r .
t h e q u e s t i o n of
status
and i n t h e s e
is a political
circumstances
p r o p e r way o f d e a l i n g w i t h i t
of t h e
Dominicna a t
the
Dominion
on t h e s e
resolution
in draft
it
is to
l i n e s w e r e a d o p t e d by t h e
substance
If
a
secure
Conference,
as
to solve a p o l i t i c a l
although,
tt
for the
livelihood
Secretary
of S t a t e
of I n d i a n a c q u i e s c e n c e
(Intld.)
Royal Court
of
Justice,
September 29th,
1330.
of
forecast
rather than
W. A.
form
it
method would be
is
to
the
s e e m s t o me, m e t a n d a p o l i t i c a l
it
the
resolution
cf t h e I n d i a n o b j e c t i o n would b e ,
difficulty,
a
s e e m s ' t o me
I m p e r i a l Conference
'C.
a
rather than
r e s o l u t i o n w h i c h I h a v e v e n t u r e d t o . embody i n t h e
of a d r a f t
yet
I
r e c o g n i t i o n by e x i s t i n g D o m i n i o n s o f
new member of t h a t
that
gc s, l o n g way
I u n d e r s t a n d t o be t h e
have p o i n t e d out above t h a t
status
(i.e.
accepted.
have s u g g e s t e d a l t h o u g h t h e y
m e e t i n g what
and m i g h t
the first" alternative
is
however,
draft,
J.
used
course,
the
myself.
a
DRAFT
A.
N o t h i n g i n t h i s Act a f f e c t s
Parliament
of
t h e p o w e r of
t h e U n i t e d Kingdom t o c o n s t i t u t e
a D o m i n i o n any t e r r i t o r y u n d e r E i s M a j e s t y ' s
not forming p a r t
this
Act.
of a D o m i n i o n a t
the
as
rulo
t h e commencement
of
Statute of Westminster Bill.
ARRANGEMENT O F CLAUSES.
Clause.
1.
2.
3.
4.
5.
6.
7.
8.
Meaning of " D o m i n i o n " and " C o l o n y " in this
and future Acts.
Validity of laws made by Parliament of a Dominion.
Power of Parliament of Dominion to legislate extra­
territorially.
Parliament of United Kingdom not to legislate for
Dominion except b y consent.
Powers of Dominion Parliaments in relation to
merchant shipping and Courts of Admiralty.
Saving for Constitution Acts of Canada, Australia
a n d New Zealand.
Saving for powers of Provincial and State Legis­
latures in Canada and Australia.
Short title and commencement.
4-2
A
[20 & 21 GEO. 5.] Statute of Westminster,
DRAF T
OF A
B I L L
TO.
Give effect to certain resolutions passed b y
Imperial Conferences held i n the years 1926
and 1930.
^ H E R E A S the delegates of His Majesty s Govern­
ments in the United Kingdom, t h e Dominion of
Canada, t h e Commonwealth of Australia, t h e Dominion
of New Zealand, the Union of South Africa, the Irish
5 Free State [and Newfoundland] lawfully, fully and freely
representing t h e peoples of t h e United Kingdom and
of tfee^ Dominions, at Imperial Conferences holden a t
Westminster in t h e years of our Lord nineteen
hundred and twenty-six and nineteen hundred' and
10 thirty did concur in making certain declarations and
resolutions'for- trip pnrpoco of ootabli&hiiig Oho pr-inoiploa
?
" H H l l f l - rfr Jia-nonffor.- fi-w ^ v f e f . frfi p . rftla firm q
ftftwPPTl.­
the, ffp-iTPril raflmbpr-q nf flip; ffotiflh Cinmmprpreaalfckl
And whereas it is necessary for t h e ratifying, con­
15 foming and establishing of t h e said declarations and:
resolutions that a law be made and enacted i n due form
by authority of t h e Parliament of t h e United Kingdom:
And whereas it is in accord with the established
constitutional position ofe-tril members of tho BMtiah­
20 ^""-"-"-i^w-i^Tnnl-ljTn ivi unln -fri nr^
n ^ AflUOther h ^ t
f
nO laW
hereafter made by t h e Parliament of the United Kingdom,
shall extend to any^Dominion^otherwise than at the
request and with the consent of that Dominion:
[And whereas, inasmuch as- the Crown is the:
25 symbol of t h e free associationjfof-the members of llicr
a a.
4-2
2
Statute, of Westminster.
[ 2 0 & 2 1 GJSG. 5 . ] .
A.D. 1930. Brifeioh Ooniwumwoalth of Nationa, and as they are
united by a common allegiance to the Crown, it is in
accord with the established constitutional position -ef
aM. the-momtmra of tho Commonwealth in relation bo
.ont? ninmthftp t h a t any alteration in the law touching the
Succession to the Throne or the Royal Style and Titles
shall hereafter require t h e assent as well of the Parlia­
1
ments of all the'^Dominions as of the Parliament of the
United Kingdom :]
And whereas the several Houses of the Parliaments 10
of the United Kingdom, the Dominion of Canada, the
Commonwealth of Australia, the Dominion of New
Zealand, the Union of South Africa, the Irish Free
State [and Newfoundland] have severally presented a"
humble Address to His Majesty praying that His Majesty 1 5
m a y graciously be pleased to give his consent to the
submission of a measure to the Parliament of the United
Kingdom for making such provision with regard to the
matters aforesaid as is hereafter in this Act contained:
Now therefore be it enacted by the King's most 20
Excellent Majesty by and with t h e consent of the Lords
Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same,
as follows:—
" Domin­
ion " and
Colony" !
in this and
future Acts.
1-. I n this Aiu and in ovory25
commerlcement of this Act—
Dominion " [pxcept in the expres
The expression
i o n s " ] means the!
sion " His Majesty's do
Dominion of Canada, t h Commonwealth off
Australia, t h e Dominion f New Zealand, the- 3 0
/ Union of South Africa, t. Irish Free State [or
Newfoundland]; and
Notwithstanding anything i: the Interpretation
J Act, 1 8 8 9 , t h e expression/ " colony " shall not
I include a Dominion or any Province or State 3 5
"toTmtng 'pai'L uf-arBominferar-;
n
Validity of
laws made
by Parliament of a
Dominion.
28 & 29 Viet,
c. 63.
2 - ( 1 ) The Colonial Laws Validity Act, 1 8 6 5 , shall
cease to apply to any law made b y the Parliament of a
Dominion.
( 2 ) .No law and no provision of any law [hereafter] 4 0
made [after the commencement of this Act] by the
Parliament of a Dominion shall be void or inoperative
Meaning of
"Dominion'''
i n t h i s Act
and of
"Colon;/ ' i n
future Acts.
1
lo
-
( l ) In t h i s Act t h e e x p r e s s i o n
'' D o m i n i o n "
means any of
the Dominions e x i s t i n g a t
of t h i s A c t ,
that
is
to say,
State,
I n t e r p r e t a t i o n Act, 1389,
anything
I r i s h Dree
in
the
the expression
i n any Act p a s s e d a f t e r
of t h i s / l e t ,
the
0
(2) N o t w i t h s t a n d i n g
s h a l l noty
Canada,
t h e D o m i n i o n of New
t h e U n i o n of S o u t h A f r i c a ,
(iTev; D o u n d l a n d )
commencement
t h e D o m i n i o n of
t h e Commonwealth of A u s t r a l i a ,
Zealand,
the
i n c l u d e a Dominion,
the
or any
i!
Colony
;i
commencement
Province
[20 & 21 GEO, 5.]
Statute'of
Westminster.
3
on the ground that it is repugnant to the law of England, A . D . 1930.
or to the provisions of any existing or future Act of
-—Parliament of the United Kingdom, or to any order,
rule or regulation made under any such Act, and the
5 powers of the Parliament of a Dominion shall include
the power to repeal or amend any such Act, order, rule
or regulation in so far as the same is p a r t of the law of
the Dominion.
3. I t is hereby declared and enacted t h a t the
10 Parliament of a Dominion has full power t o make laws
- having extra-territorial operation.
Power of
bommToTto
legislate
.
extra-terri­
torially.
Parliamont of
4 . No Act of Parliament of the United Kingdom
[hereafter] passed [after the commencement of this Act]
shall extend or be deemed t o extend to a Dominion unless
15 it is expressly declared in t h a t Act t h a t t h a t Dominion
^^ot^o "
8
legislate for
D
o
m i
^ion
CXCSDfc
1
has requested and consented to the enactment thereof,
5. Without prejudice to the generality of the foregoing provisions of this A c t —
(1) Sections seven hundred and thirty-five and seven
hundred and thirty-six of the Merchant Shipping
20
Act, 1894, shall be construed as though reference
therein to the Legislature of a British possession
did not include reference to the Parliament of a
25
Dominion :
Powers of
Dominion
^ g ^ o ^
merchant
shipping
and Courts
* Admir-
t o
0
57&58Vfct.
(2) Section four of the Colonial Courts of Admiralty c. 60.
Act, 1890 (which requires certain laws to be re- 53 & 54 Viet,
served for the signification of His Majesty's
pleasure or to contain a suspending clause), and
so much of section seven of t h a t Act as requires
the approval of His Majesty in Council to any
rules of Court for regulating t h e practice and
procedure of a Colonial Court of Admiralty,
shall cease to have effect in any Dominion as
from the commencement of this Act.
C-
30
35
bv
consent.
6 . Nothing in this Act shall be deemed to confer
any power to repeal or alter the Constitution Acts of the
Dominion of Canada, the Commonwealth of Australia or
t h e Dominion of New Zealand [otherwise than in accordance with the law and constitutional usage and practice
40 [heretofore] existing before the commencement of this
Act.]
2 7 ­
Saving for
Constitution
A c t s
"
f
Australia
j jj- ­
Zealand.
a n (
e
w
f
4
Statute of Westminster.
[ 2 0 & 2 1 GEO. 5 . ]
7. Nothing in this Act shall be deemed to authorise
the Parliament of the Dominion of Canada or of the
Saving for
Commonwealth of Australia to make laws on any matter
powers of
[at present] within the authority of "the Provinces of
Provincial
Canada or the States of Australia respectively, not being
and State
Legislatures a matter within the authority of the Parliament or Govern­
in Canada
merit of the Dominion of Canada or of the Commonwealth
and
of Australia, as the case may be.
A D . 1930.
Australia.
Short title
and com­
rriencenient*
8 . — ( 1 ) This Act may be cited as the Statute of
Westminster, 1 9 3 0 .
(2) This Act sriall come into operation on
10
Statute of Westminster.
DRAFT
OF A
B I L L
To give effect to certain resolutions
passed by Imperial Conferences held
in the years 1926 and 1930.
XCIII.
(3.)
ith August 1930
4-2
I n t h e e v e n t o f t h e l i k e a u t o n o m y a s i s now
e n Joshed "by t h e S e l f
Governing Dominions b e i n g
g r a n t e d by the a p p r o p r i a t e
under His laidesty s r u l e ,
1
the B r i t i s h
legislature
each of
hereafter
t o any
territory
t h e s e v e r a l members of
Commonwealth w i l l b e p r e p a r e d t o
favourably
the recognition
of t h a t
territory
the s t a t u s
d e s c r i b e d i n t h e R e p o r t of t h e
Conference
o f 195-55'.
as
consider
possessing
Imperial