The Ministers propose to take a motion to authorize additional borrowing to the House of Assembly, regardless of the British Government’s disapproval. We have looked previously at the British Government’s refusal to permit the United Front government to increase
Can he do that?
Section 55 of the
Once the Governor informs the Speaker that he objects to the motion or resolution or proposal to increase
The first big question then, is whether the Governor will make any objection known to the Speaker in advance?
The next big question is, will the Speaker permit the Ministers to introduce such a motion in the face of its evident illegality?
In my view, any lender proceeding to advance funds to government in the face of the illegality of the borrowing will be at risk of a court ruling that the Assembly had no power to authorise the borrowing. A court would be likely to rule that the borrowing was illegal and was not an obligation binding on any future government. The lender would have to look elsewhere to recover their funds.
In the event of a law suit brought against them, the members of the House who acted illegally would be at risk of having their personal property and possessions seized in repayment of the illegal debt that they incurred.
If the Governor does not inform the Speaker that he has any objection then, in my view, the Speaker will be entitled to assume that the Ministers would not be bringing the motion unless they had the Governor’s permission, as required by section 55.