London, 15 June 1973
Confidential
Australia: Constitutional Issues
You will wish to know where we stand following the visit of the State Premiers.1
The brief for the Foreign and Commonwealth Secretary’s meeting with the Premiers was revised in the light of your comments. Sir Alec Douglas-Home was not satisfied with the brief even in its revised form: although the passage about the petition to the Privy Council on the sea-bed question was revised, the original line about the right of the States to appeal to the Privy Council on the broader issue of new Commonwealth legislation was not altered. He shares your own view about the constitutional rights of the States.2 The advice of the Law Officers was that, until the High Court of Australia had pronounced on the issue, it was not possible for a definite legal opinion to be prepared.
In these circumstances Sir Alec took a reserved line at the meeting on 12 June, and in effect listened to what the Premiers had to say.
We now hear that Mr Whitlam is about to send you a further message, and the Foreign and Commonwealth Secretary will be circulating a paper for consideration by the DOP when it has been received.
Study of the Australian bill to abolish appeals to the Privy Council is continuing. This is becoming urgent as the Australians are seeking our views by 28 June.
1 See Document 466.
2 See Document 465, note 3.
[UKNA: PREM 15/1301]