269

Telex, Warwick Smitth To Hay

Canberra, 12 May 1969

4679. Unclassified Personal

1. Policy papers are now being prepared on Commonwealth attitude towards the questions of constitutional development in the event that a Select Committee is established.1

2. We would not expect Government to oppose establishment of Select Committee on lines foreshadowed by Arek’s motion. We are assuming two or three Official Members would need to be on the Committee, firstly to share the burden, secondly to reinforce each other’s arguments, thirdly to enable some variety of presentation of official position. Please advise officially your nomination for Minister’s approval.

3. Similarly we do not anticipate any difficulty so far as Government’s attitude is concerned towards exploration by Select Committee of possibilities of changes in legislature e.g. establishment Second House (House of Review)[:] removal of regional seats from House of Assembly: reduction in number of Official Members: removal of vote from Official Members etcetera: nor do we see any problem in official view being put through Official Members if Select Committee starts to examine possibility of changes within existing approved arrangements under section 25;2 for example there have been suggestions that the House of Assembly might nominate the actual number of Ministerial Members (allocation of portfolios still being a matter for the Minister through the Administrator) as well as the actual number of Assistant Ministerial Members. The Committee might also wish to explore ways and means of improving operation of present arrangements i.e. particularly the ministerial membership system as now operating. Again we would see this being handled through Official Members of the Select Committee.

4. If however Select Committee wished to move beyond the present arrangements approved by the Minister under section 25 in the direction of greater powers for Ministerial Members though still within section 25 we would see such question being discussed with the Minister by the Committee. (Similarly with question of changes under Section 24.)3

5. If the Committee wishes to go beyond the terms of section 25 (i.e. the Administrator, on behalf of the Minister, retaining powers of decision) and thus moving further in the direction of self government, this would be a matter as we see it for the Select Committee to discuss with Commonwealth ministers.

6. Paragraph 5 would of course raise the question of financial, administrative and political capacity of the Territory and whilst we would not envisage that Official Members would be asked to debate the issues with the Select Committee obviously they would need to be very fully briefed in relation to informal discussions with Committee members, and comments in the House. For this purpose we would propose meetings here in Canberra similar to those engaged in during the currency of the last Select Committee for the purpose of consultation regarding the official brief to Official Members of the Select Committee if one is established.

7. Appreciate advice within the next couple of days of any views you may wish to put forward in this4 connection with the above.5

[NAA: A452, 1969/1135]

1 See Documents 261 and 263.

2 See Document 197.

3 Section 24 is quoted in editorial note ‘Changes to the Papua and New Guinea Act’.

4 This word appears to be superfluous.

5 Hay responded: ‘I can see no need to approach the Government at this stage but agree that a range of proposals could be developed in the meantime. I consider that official members could vote for the establishment of the committee if a division is required as the Government’s position is such that it would be difficult to appear to be opposed to what is essentially a modest and restrained motion. It is about as restrained a motion as we are likely to get and does not envisage a final report until the second last meeting of the House which presumably would be in late 1971. If the committee has a membership of fourteen I see no difficulty in the inclusion of two official members’ (telex 3660, Hay to Warwick Smith, 21 May 1969, NAA: A452, 1969/1135).