It is not possible, under these powers, to impose any body or institution upon the territorial Governments. Whether or not it were established would have to be a matter of agreement between them. Nor, if the territories decided that they wished to do so, would any steps be taken under an Order in Council unless the territories were agreed that this was what they wanted done. That is a useful provision, but it depends upon territorial agreement.
Clause 1(3) enables provision to be made for any matter covered by Clause 1(2) as from such time before the dissolution as may be specified in the Order. What this means is that we do not envisage waiting for the actual date of dissolution before any action is taken to return Federal functions to territorial responsibility. That is what I was saying earlier in my opening remarks.
Indeed, the conference agreed that wherever it might be practicable arrangements could be made for the transfer of such services to the territories in advance of dissolution. As I said earlier, if that did happen satisfactory arrangements would have to be made in regard to both the money which is referred to in the White Paper under"Transfer of Money and Taxation Functions" and in regard to the men needed to man these services.
We now come to Clause 1(4), which enables provision to be made for a territory to withdraw from the Federation in advance of dissolution and for the powers which I have described relating to the dissolution of the Federation to be applied in that situation. The House will remember that Her Majesty's Government had accepted that, if a territory desired to withdraw from the Federation, it must be allowed to do so. Both Northern Rhodesia and Nyasaland had expressed their desire to withdraw, and in the case of Nyasaland arrangements to this end were already well advanced when we met at Victoria Falls. However, the Nyasaland working party, under Sir George Curtis, which had been charged with the responsibility for working out these arrangements, was operating on the basis that Nyasaland was to be detached from a continuing Federation; so there was a slight change here because it had become clear that the Federation itself was to come to an end. Therefore, it was becoming increasingly unreal and difficult for the Nyasaland working party to continue its work on the original assumption.
In those circumstances, the conference agreed that I should seek the agreement of the Nyasaland Government to associate themselves with the general dissolution machinery which was to be established. I am glad to inform the House that the Nyasaland Government, given the target date of 31st December, 1963, for the dissolution of the Federation, have now agreed to co-operate in this machinery. This is, I think, very satisfactory, because it means that all the operation can now be handled in one piece without necessarily having recourse to the provisions of Clause 1(4), which I have been describing. This, I am sure, is the most orderly and expeditious way of proceeding 1440 and will be to the advantage of all three territories.
I now only have to refer to Clause 2(2), which will interest the House because it implies the control which the House will have. We have thought it right—and I am sure that the House will agree—that any Order in Council under this Measure, dealing as it will with matters of the highest importance, should be subject to affirmative Resolution. [HON. MEMBERS:"Hear, hear."] At the same time, as we are operating to a very close timetable I hope that the House will also agree that provision should be made for the work to be carried forward as necessary during the period of the Summer Recess, subject to the overriding authority of Parliament which is maintained in Clause 2(3).
That brings me to an end of the provisions of the Bill, and I have only a few words to say in summing up the position before I conclude. The House will perhaps feel that it is, on the whole—one should not exaggerate language—satisfactory that the dissolution of the Federation can be achieved by agreement. I hesitated some months ago to envisage the difficulties which would have arisen had we not been able to attempt this by agreement. As I have said, the achievements of the Federation are there for all to see, and I am sure that we should wish, before I conclude, again to pay tribute to those who made them possible.
Nevertheless, the political facts of Central Africa remain, and it would have been foolish, and it would be foolish now,
