'File XXV/6 Arabian Affairs (including Mesopotamia). Mesopotamian Affairs 1920' [‎21v] (42/94)

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LEGISLATIVE ASSEMBLY—CONSTITUTION.
We think it necessary that the Legislative Body either be elected, or, which seems to us
f o' aP A P ° 1 u t ^ d b y Local Bodies xvho will themselves be elected. This would, however, not
nTf^nvL . e ra h Members of the Council of State who, we have advised, should be ex-officio
^ le ^ ls ^ n f've Assembly. I he present Divisional Councils are in fact probably more
•' . l' 6 ,? the people than they would be under a system of election, but as they are
/i ed . les ’ a Legislative Council elected by them would be open to the objection that they
rnnciiloo;!! 01111 -!? 6 ? 0t / U Bl Authorities. 1'iie method of election requires further study and
bnf « i U 'I* 1 ? Ca au thorities, and we are not in a position to submit final recommendations ;
rpm.TrL f ltln h r AppendlXmethods of election which, subject to modifications to suit local
requirements, we believe to be practicable.
rhe . exac ^ composition of the Legislative Assembly also requires further study. We
suggest provisionally it should comprise
(a) Elected members for the towns and country districts approximately proportionate to
their population on the basis of one to 50,000 inhabitants ;
(b) elected members representing the Jewish and Christian Communities ;
(t) Arao members of the Council of State who, as we have already advised, should be
ex-oijicio members.
Assemhlv 0 '!„ t iiLf b „ 0 ^ lineS * VeCalC,1,ate tha,the total ,ulmber of members of the Legislative
Assembly, including the ex-officio memers of the Council of State, would work out at about 50.
of Stati 1 He 1> . resi 1 d f nt ° f the Legislative Council should be an Arab nominated by the Council
amon^theelerteH U C n °i C o SSan V be an elected member * as if ma y perhaps be- found that
« nong the elected members there is no suitable candidate for the post.
SDeal b and r int S r 1 ^ retarieS ° f ? e f artinents should have the ri g ht to attend the Assembly and to
speak and introduce measures but not to vote.
(6) There should be a British Joint-Secretary to the Assembly to assist in matters of Procedure.
1 Members of the Legislative Assembly would receive a fixed allowance per session.
FUNCTIONS OF LEGISLATIVE ASSEMBLY.
14. (1) Laws to be issued and taxes imposed by the Council of State : •
(a) normally with the concurrence of the Legislative Council ;
(W but l , f t p e Ass embly refuse 1° pass the Law in the way desired by the Council of State,
the Council of State after conferences and again submitting the Law, to have power
to issue without their consent. p
re,.. COI ? s f de '[ ** essential that the Counci! of State should in case of necessity have power to
pass laws without the concurrence of the Legislative Assembly. P
(<*) There might be a provision that Bills submitted to the Assembly, if not rejected before
prorogation, may be deemed to have been passed. *
i ^ As under the I urkish Constitution, the'Council of State to have power to is=ue temoorarv
laws which, however, must be submitted to the next session of the Legislative Assembly. P ‘ 3
matters ^d’taxabom 561 ' 8 ^ ^ t0 Le * isIation ’ ** regards constitutional
( 4) The Assembly to have power to pass resolutions as to matters concerning internal govern
ment of Mesopotamia. If Government does not accept them it must explain reasons.
. (5) Annua! Budget to be issued by Decree of Council of State, to be previously submitted to
be gTvelr 6 ^ 86111 ^^^ 106 ^ observation - If advice offered not accepted, reasons must
No existing rate of taxation to be increased or new tax imposed except by a Law.
(6) Annual accounts to be submitted for remarks.
(7) Members may ask questions in writing.
THE CAPITULATIONS.
la. Except for the limited suggestions put forward as regards reservations in favour of
oieigneis the foregoing proposals take no account of the exceptional position which the capituh
hons gave to foreign povyers This Committee has no information as lo the policy of His Ma e
Government with regard to the capitulations. H Majesty s
Safeguards which should not be difficult to devise would also be necessary as recards the
jurisdiction of the Courts over foreigners, at least in the case of penal jurisdiction d ^
ENQUIRY INTO WORKING OF SYSTEM OF
PERIOD OF YEARS.
GOVERNMENT AFTER A
16. In conclusion we advise that, besides the examination of the constitution provided fer ;
paiagraph 9, there should be at the end of a fixed period of years (say seven) an inouirv into t/ 11
working of the system of Government and the growth of education, and matters connected
theiewith, with a view to making recommendations whether and to what extent it i<! dec,', ii ^
modhy the system of Government and to extend or restrict the power of self-government
Presumably the inquiry would be undertaken by His Maiestv’s Govprnm^nf rr it
arrangement should be set out in a recital rather than placed in > the bodv nf d ^ SO ’ t le
establishing the Constitution. e body of the document