Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698077665639.pdf (Guyana)
SECOND LECISLA TIVE COUNCIL (Constituted under the British Guiana (Constitution ) (Temporary Provisions ) Order, in Council, 19S3 and 1956).

Friday, .

13th March, 1959 The Council met at 2 p.m.

PRESENT: Speaker, His Honour Sir Donald Jackson Chief Secretary, Attorney-General, Financial Secretary, Hon.

F. W. Essex.

l« off (acting) Hon.

M. S. Porcher Hoo.

A. M. I. Austin, Q.C.


i cio " B. H. Benn The Honourable Dr. C, B. Jagan-Member for Eastern ( Minister River -Member for Essequibo ( Minister Berbice of Trade and Industr y) of Community Development and Education) (Minister Demerara of Natural Essequibo of Labour, Health ancl Resources ) " " E. B. Beharry -Member for Eastern " " Janet Jagan -Member for Western (Minister Housing) " " Ram Karran -Member for Demerara-Essequibo (Minister and Works).
of Communications District Central River F.Bowman Mr. W. 0, R. Kendall " ,, ,, S. Campbell L.F.S.Bornham A.L.

Jackson -Member for New Amsterdam -Member for Demerara -Member for Georgetown -Member for North Western -Member for Georgetown - Member for Central -Member for Western -Member for Berbice -Member for Georgetown South Member -Nominated Member -Nominated Member.

-Nominated North Demerara Berbice River " B. S. Rai ,.

S.M.
S.M.

Saflee ,, Ajodha Singh ,, J. N. Singh ,, R. E. Davis ,, B, J, M. Hubbard " A. G. Tasker, O.B.E.

Mr.

I. Crum Ewing - Clerk of the Legislature Mr. E. V. Viapree - Assistant Clerk of the Legislature.

Mr. R. B. Gajmj .

Mr. R. C. Tello - on leave Mt'.

A. M. Fredericks--0n leave.

.ABSENT: The Clerk read prayers.

,, � j � I I , - ___) ( l ~ ~ ' t t ~ '- 1285 Papers Laid, 13TH MARCH.
1959 and Notices 1286 MINUTES The Minutes of the meeting held on Thursday, 12th March, 1959, as printed and circulated, were taken as read and confirmed.

ANNOUNCEMENTS LEAVE TO MEMBERS Mr, Speaker: I have to intimate that the hon.

Minister of Community Development and Education will be absent from the Colony from the 16th to the 21st March, 1959, in order to attend a Oonference in Trinidad.
PAPERS LAID Tire Minister of Labour, Health and Housing (Mrs. J agan) : I beg to lay on the Table the Report of the Watchmen's Ad Hoc Committee- December, 1958.

OTHER NOTICES Mr. Burnham: Before the Order of the Day is proceeded with, I beg to give notice of my intention to move the suspension of relevant Standing Order so as to permit me tJo move a Motion, a copy of which has been cir• culated to hon.

Members of this Council.


the DISTURBANCES IN NYASALAND Mr. Burnham : I beg leave to move the suspension of the relevant Standing Order to permit me to move a Moti1on which, as I have already pointed out, has been cyclostyled and a copy of which is in the possession of each Member of this Council.
It reads : "Be it resolved : That this Council expresses concern over the disturbances in Nyasaland, the detention of Dr. Banda and other Nyasa leaders, the banning of the African National Congress, and the killing of several Africans.
And directs that Her Majesty's Govern ment, through Her Majesty's Secretary of State for the Colonies, be requested to intervene to secure the rel~e of the detainees, the lifting of the ban on the African National Congress, and the tak ing of immediate steps to ensure the just national a&pirations of the peoples of Nyasaland."

This Motion seeks to ask hon.


Members 1of this Council to express certain senti ments with respect to the disturbances in Nyasaland and what has been happening in that Colony as a whole.

The At torney-Gener al (Mr. Austin): On a point of order.

The suspension of Standing Orders has cer· tain procedural difficulties attached to it.

I do not wish to stop the hon.

Member, but I would like tJo point out that under Standing Order No.
24 it is necessary to obtain the consent of the Speaker and the unanimous assent of the Members present before he can proceed.

Mr. Speaker : intended obtaining the consent of Members of the Council before the Motion was moved.

I had The Attorney-General : It is quite a different thing from suspending the Standing Orders.

Mr. Burnham: I am not prepared to argue with the hon.

the Attorney• General, but I would ask him to refer to Standing Order No.
64 (I) which states : "Subject to the provisions of the Order in Council, any one or more of these Standing Orders may, with the leave of the Speaker, be suspended on a motion made by a Member at any sitting."

The Attorney-General : I do not think we have got the app11ov-al of the Governor in this case.

Mr. Burnham: I anticipate unan- imity.

Mr. Speaker: Are hon.

Members in favour of proceeding with the Motion?

The Minister of T r a d e and Industry : (Dr. J agan) : About half an hour ago the hon.
Member for George• town Central spioke to me regarding his • 1 j • 1287 Disturbances in 13ni MARCH, [959 Nyasa/and 1288 intention to move this Motion today.

I do not know whether it will make any difference, but I should like to inform this Council that Government, at its last Executive Council meeting, has already taken a decision on a similar questi1on and a telegram has been sent to Her Majesty's Government expressing the sentiments expressed in this Motion.

However, I have no objection to the hon.


Member discussing the matter here this afternoon, but it should be noted that Government has already taken action ion this matter at a meeting of the Executive Council.

Mr. Speaker: Do hon.

Members consent to the suspension of notice?

Members: Yes.
Members: Yes.

DISTURBANCES IN NYASALAND Motion: "Be it resolved, that this Council ex presses concern over the disturbances in Nyasaland, the detention of Dr. Banda and other Nyasa leaders, the banning of the African National Congress, and the killing of several Africans.
And directs that Her Majesty's Govern ment, through Her Majesty's Secretary of State for the Colonies, be requested to intervene to secure the release of the detainees, the lifting of the ban on the African National Congress, and the taking of immediate steps to ensure the just national aspirations of the peoples of Nyasaland."

Mr. Burnham : Mr. Speaker, the Colony, or to be legalistically accurate, the P11otectorate of Nyasaland, has been very much in the news.
And there are certain facts which do not appear to be in dispute.

One is, that Dr. Banda, who recently returned to his country after many years' absence, has been detained without trial, along with other leaders of the Nyasa people.

The African National Congress, an organization which seeks to give fiorm and expression to the national sentiments and aspirations of the Africans of Central Africa, has been banned, and a number of people have been killed.
It is very interesting to note that an official state ment purporting to oome from the Gov ernment of the Central African Federa~ tion and the Government of Nyasaland sets out the excuse that there was some conspiracy between the natives of this territory, along with natives of Northern and Southern Rhodesia, tJo slaughter and murder all Europeans and Asians in the territories, and the Government, anxious as ever that law and order should be preserved, has decided · to institute the emergency and take the drastic steps that have been taken.
But the most unusual thing about what I consider this fabrication is that, although the 54 Africans have been killed, not one single Eu11opean or soldier of the Central African Federation has even been injured.

I believe that most Members of this Council are aware of the fact that the native African of the Central African Federation is treated like a member of the sub-human species in spite of the fact that the Africans number over 2 million, as against a handful of Euro peans.
The Eu11opeans in Nyasaland have 16 seats as against five seats held by the Africans in the Legislative Coun cil.

Their rights as human beings are not respected and we hear from time to time such hypocritical prating from those who lord it over the natives that the natives are not ready to be adapted to modern society.
You even hear such a disgustingly spur~ous bit of logic coming from a Member of the House of Commons to the effect that the European had hun dreds of years of civilization and educa tion and is well ahead of the native, who has only been introduced to these things ablout 60 years ago.
Of course, those who say these things are entitled to their points of view, but they are seeking to put over these points of view in a coun try that is not theirs; in a country that belongs to the Africans in the same way as Britain belongs to the Britons.

~ 1289 Disturbances in 13TH MARCH, 1959 Nyasa/and l 290 LMR.
BURNHAM] We whto have had the experience of detentions without trial, we who have had the experience of arbitrary restric tions feel an affinity with the people of Nyasaland and a deep sympathy for them at this moment; for all these people are aspiring to is the right to rule their own country.

And it is particularly unf1or tunate that in this, the second half of the 20th century, the British Government as at has we have noted in Nyasaland recently.
connived actions such l It has been said that the British Government is not directly responsible, but unless my knowledge of British Con stitutitonal Law, Practice and History is faulty, until such time as Dominion sta tus is achieved by a Colony or an ex Colony, there is in it the ever active in terest of Her Majesty's Government-an interest which can be translated into Still we see an European, a action.
Labour Member of Parliament, ejected from this country recently, because he was sympathetic tlo the Africans.
The people of Nyasaland object to being part of the Central African Federa tion, not because they object to being part of a larger unit, but because this Federation consists of a number of coun tries where representation varies inversely tJo numbers, where the few thousands get practically all the seats, held almost all the administrative posts and in fact be have as if the country is a feudal estate.
It is understandable that a certain section of the people of Nyasaland do not want to be part of the Central African Federa tion, and the fact that they may be allegedly ignorant and not sophisticated is, in my humble opinion, no business of the bosses.

This type of attitude of people com ing from outside to tell us when we are It ready and when we are ripe persists.
is true that that stage is well past in certain parts of Africa, and it is true it is practically passed in the Caribbean but we, as Guianese, are particularly sensitive about it, because we believe it has not particularly passed in British Guiana.

And I do not accept the ex cuse proffered in one 1of today's dailies that Her Majesty's Government is not responsible in some way for what is happening in Nyasaland.
Maybe it is not Her Majesty's Gov ernment's direct ;responsibility; maybe; but it is the same thing as when certain individuals cannot get back to their country because they cannot land in Trinidad or Barbados and Her Majesty's Government says it is not resp1onsible.

Her Majesty's Government has got to accept full responsibility for the slaughter in Nyasaland and the breach of human rights taking place in Nyasaland and the Central African Federation.
That is why in this Motion l am asking that a request be sent to Her Majesty's Government, through Her Majesty's Secretary of State for the Colonies, tJo intervene to secure the re lease of the detainees, to lift the ban on the African National Congress and to take immediate steps to ensure that the just national aspirations of all Africans are realized.
Her Majesty's Govern ment is competent to do it in the same way as Her Majesty's Government is competent to suspend Constitutions and send troops; Her Majesty's Government is competent to intervene in the cause of democracy, in the cause of justice and in the cause of right.

It is a heavy burden that Her Majesty's Government has to carry if in the 20th century we are going to be subjected to such disillusionments as this one.
What happens to all the talk ablout co-operation and all the talk about part nership?

Is this talk of partnership meaningful only where they have to with draw, or is it sincere?

I do not know.

How Her Majesty's Government handles this particular affair will be of particular interest to us.
We shall see whether all the talk about the glorious Commonwealth with its multiplicity of peoples springs from 1291 Disturbances in FRIDAY, 1 3 TH MARCH, 1959 Nyasalancl 1292 a sincere conviction or whether it is only an empty phrase and an empty descrip tion to attract the attention of the world.
If British Guiana does not do some thing about this and dloes not take a strong stand against the would-be--not would-be but against the dictators of Central Africa, what right would British Guiana, or the British Commonwealth, have to point its finger at any other nation and talk about slaughter in Hun gary or the robbing •of people in Eastern Europe?

In the Bible it is written, "Take the beam out of thine own eye before thou takest the mote out of thy brother's eye".
It seems to me that this is an opportunity for Her Majesty's Government to take the beam 1out of its own eye, to clear the way, to impress us with the sincerity of Her Majesty's Government to give us some conviction that it is worthwhile to remain Members of this Commonwealth.

Mrs. Jagan : I rise to second the Motion by the hon.
Member which ex presses this Council's deep ooncern over the disturbances in Nyasaland, the deten tion of Dr. Banda and other leaders, and the banning of the African National Con gress, as well as the killing of so many persons.

Certainly justice demands the release of Dr. Banda; justice demands that the other African leaders who are at this moment detained should be released, and justice also demands that the wishes of the entire peiople should be heard.
The situation in Nyasaland reveals very grave dissatisfaction in this pro- .

tected territory.

What I understand to be the background of the situation is that some weeks ago African workers, engineers and technicians, were engaged on the construction of a dam which was to be the largest in the wiorld.

On this dam African workers, including many from Nyasaland, were working at a shift rate of 8 cen ts per hour, and some 6,000 of them went on strike, demanding an increase of pay to 14 cents per hour.
Then we: find the usual snowballing of events.

Troops were sent to the area and the white settlers of Southern Rho desia then started to demand the banning of the African National Congress.

So we have the cycle of events which, along with the long-standing protests by the people of Nyasaland against their inclu sion in the Federation, led to the final outbreak in which the whole world was h1orrified and shocked to see that in the year 1959 people are still slaughtered like cattle.
When one examines the situation in Nyasaland, one should be sympathetic with the aspirations of the people there who are not properly represented in the Government.

They are the majority of the people but they have very little voice in the running of their oountry.

The statistics show that in Nyasaland there are 360 Africans to every E uropean, but in spite of that their representation is prac Since his return to Nyasa tically nil.
land Dr. Banda has led a militant fight in his people's interest, to remove them the enforced Federation.

The from Nyasas want self-government for their country; they want tJo be free from the Federation which they feel is a burden on their country, and which they feel is introducing the terrible conditions of apartheid which exists in South Africa.
But surely the action that was taken to suppress these praiseworthy aspirations of the people was wrong and should be greatly criticized by thinking people all over the world.

I am glad that this Motion has been brought before the Council so that Members of this Legisla ture can express their feelings on the situ In British Guiana we felt the ation.
iron heel when our aspirations were sup pressed in 1953, but perhaps we got off lightly in that a large number 1of people who were struggling at that time are still alive today.

However, our friends and brothers in Nyasaland are not so for tunate.

We desire to express our deep sympathy for the families and close asso ciates of those who have lost their lives in Nyasalan.d.
We had hoped that the period of shooting of women and children -4 1193 Disturbances i11 13TH MARCH, 1959 Nyasa/and 1294 [MRS. JAGAN] had ended, but the example in Nyasaland has shown that the situation is not yet improved-when brute force is being the aspirations of used people.
to suppress The elected Ministers of this Gov ernment brought to the attention 1of the Executive Council a few days ago their feeling of grave concern over the situa tion in Nyasaland, and requested His Ex cellency the Governor to send a cable gram to the Secretary of State for the CoJonies expressing their view and their grave concern over the occurrences in that country.
I most heartily support this Motion, and 1 think l express the view of all of us that this will be the last ,ime that anyone in any part of the world should have to raise his 1or her voice against such wicked and cruel dis turbances which have taken the lives of so many gallant people.

Rhodesians as the black ones.


They argue, understandably, that they, and the generations which have gone before them, have worked extremely hard and vigor ously to develop these countries; and they will argue that they are citizens who are looking forward to their children, and their children's children, oontinuing to live there.
I have had the opportunity of travell ing throughout the Rhodesias, and while I have serious reservations about many aspects of the social, political and econo mic life there, I admit freely that I have nothing but respect for the incr_edibly hard work and detenninatilon which many of those settlers have put into the development of the country.
But there are grave difficulties indeed, and I make these points simply because I think they may be overlooked in the light of the more glaring and emotional aspects of the events taking place there today.

Mr. Tasker: I would like to say a few words on this Motion.

I have al ready expressed my opinion in another place, but I feel it is only correct that 1 should be consistent.

I have had the privilege of visiting Nyasaland on two occasions.
I do not know if there are other Members who have had the same opportunity, but I certainly look back on those visits with a great deal of pleasure.

I think the hion.

Members and the Minister who have spoken have perhaps not drawn a sufficiently clear distinction between the Rhodesias and Nyasaland.
I hold no brief for the acts of individual unit Governments or of the Federation, but when we look back over the terms under which Nyasaland entered the Federation I think we shiould remember that it required a considerable act of faith on both sides.

That faith, appar ently, has been misplaced, but I think it would be unjust to declare, as has been implied this afternoon, that all the faults are on one side only.
It is easy to refer to the white settlers of Rhodesia; it is less easy to reciognize that they regard themselves, understandably, just as much I think we shlould recognize, too, that while the decision to encourage Nyasaland to enter the Federation when it was formed has proved to be mis guided, as many people argued at the time, it was genuinely recognized then that politically it was a very great risk.
On the other hand, opposed to that was the generally held belief, which has been proved to be ciompletely true, that econo mically Nyasaland would benefit con siderably from the federal alliance.

The difficulty, of course, about economic benefits is that they come out in statistics and figures; but there is no doubt that even in those dry statistics the benefits tJo Nyasaland have been immense.
The tragedy is that these benefits have been cancelled out by the very grave disabili ties of the political problems.

The hon.

Member for Georgetown Central (Mr. Burnham) has argued, quite properly that H.M. Government is responsible.

H.M. Government, of That is course, is always responsible.

one of the great advantages of the present system, that there is always H.M. Gov ernment to be blamed.
I am not say ing for one moment that it does not carry 1295 Disturbances in 13TH MARCIi, 1959 ll/yasaland 1296 a heavy responsibility at this time, and I sincerely hope that our protest will have the effect that H.M. Government will intervene as rapidly as possible in order tJo bring about a system whereby Nyasaland can go forward more happily.

But let us be under no delusion as to how that will have to be brought about.
It is impossible for Members to throw the blame on H.M. Government when, in fact, a large number of people of all shades of opinion were in favou r of the experiment of Nyasaland with.in the Federation under self-government lead ing to Dominion status.

If that policy is now to be back-pedalled, then clearly Nyasaland is going to need a great deal of help fior a long period from H.M. Government.

We arc grateful to the hon.


Nomi nated Member, Mr. Tasker, for giving us information with regard to the situation as he knows it.

We are grateful to him for having given us ::i closer picture of the economic circumstanct-s tof the country, and for mentioning his experience there.

I have not been to Nyasaland, and I am sure many other members here have not had Mr. Tasker's experience.

Neverthe less, we are familiar with the pattern of treatment meted out to natives by Euro peans.
We know that workers have been shot because they have demanded better working conditions; we alsio know that people can fabricate things to justify any statement which has been made but can not be proved satisfoctorily.

I sincerely hope that if H.M. Gov ernment does answer this appeal, and does bring about a final settlement which takes cognizance of Nyasaland's aspira tions, we shall not then be told that H .M.
Government is using political powers to hold b ack Nyasaland's devel1opment, be cause she will for some time to come be unable to stand on her own feet.

Mr, Jackson : However much the settlers of Rhodesia have worked, how ever much they are looking forward tlo being a part of Rhodesia, however much they may find their claims and aspirations, such points of view cannot at this stage be advanced by any right-thinking person in the circum stances which have briought this Motion here today.
justification for No m atter how we look at the posi tion; whether the settlers work hard or not, it is known that it is the usual pattern for certain people to exploit the workers in their native territories.

The fact remains that due to the eoonomic circumstances existing in that Colony to day several men have been slaughtered; the rights of the people have been sup pressed, and the organization which is supposed to be working for the people has been banned without any consider ation or justification.
Our experiences in British Guiana are not unlike those of the people in Nyasaland.

It is unfortunate that every Member of this Council does not have such experience, therefore they cannlot feel as strongly as we do in this matter.

The reason why we have taken this course in this Council today is because we believe that in this 20th Century people should be treated as human beings because they have come from the same origin as the white settlers.
We believe that economic circumstances or condi tions should never be brtought to the point where it is necessary to shoot people and suppress their rights.

As the hon.

Member for George town Central has already mentioned, des pite the allegations not one white settler has suffered the slightest injury.

That is the usual pattern followed in these in stances.
We feel that the time has come when we must jtoin forces with other people and protest against the brutality and slaughter taking place in Nyasaland today.

Perhaps we should handle this matter in a different fashion.

Perhaps we should hold a big demonstration on a day to be known as the day we mourn for the people of Nyasaland.

Maybe our vtoices would then be heard and people would understand in the British Commonwealth are joining forces to bring an end to this type of brutality.
that other people I 1 1 i 1297 Disturbances in 13TH MARCH , 1959 Nyasaland 1298 Mr. Campbell: I must confess my igntorance of the geographical and politi cal set-up in Africa or Asia.

For quite a long time I have been hearing of blood shed, people blaming each other, etc., and everything seems to be a lamentable state of affairs.

We find reports coming from Asia and Europe of the same kind of cruelty.

As soon as 1one man gets into power, he slaughters the other one and so to be seeking on.
Everyone seems power and more power.

Very often I hear that Russia, Britain, or France is to be blamed, and there seems to be a lot of reVlolts and confusion in those parts.

I have become sceptical; I do not know who to believe and who not to believe.

With regard to this Motilon, I will remain neutral because I do not know anything about Nyasaland, the Rhodesias and so on.

I understand that the African chiefs have been tyrannical to their own people.
If that is true, then what is the use of this Motion ?

I sympathize with the people who have been shot.

If Bri tain can be instrumental in bringing about peace I will be glad.

Man is forever a cruel beast whenever he gets a chance.

I tonly pray and hope that somebody will make the world a peaceful place.

I rise Mr. Jai Narine Singh: the Motion moved by to the support hon.

Member for Georgetown Central, and it is with considerable satisfactilon I am glad to see that a that I do so.
certain newspaper in British Guiana bas taken the line of supporting the case of the people in Nyasaland.

It gives me some satisfaction that that newspaper will also support the British Government when the time comes.

Nevertheless, let me, in supporting the Motion, congratu late thiose who have died in the cause of Nyasaland.

They have died like heroes, their blood, sweat and and through suffering Nyasaland shall rise to be a great nation.

As bas been mentioned by the hon.


Member for Georgetown Central, the time will come when all of the oppressed peoples of the world together with all the colonial peoples of the world will band themselves together to fight against those who call themselves imperialists and have for generations lived on the sweat and blood of the people whlom they have governed benevolently.

As I see it, God made slave and master.

People are human beings, and some of us call ourselves Christians.
Her Majesty's Government is a christian Gov ernment, and it is its duty to intervene with all the force at its command and settle the situation in Nyasa.land.

Her Majesty's Government has prevaricated Ion many occasions when immediate action would have been of great benefit to the entire Colonial world.

This is really a picture of colonialism marching forward.

We see men laying down their lives and suffering for the freedom of generations to come.
We will supp1ort this Motion to show Her Majesty's Gov ernment that colonial people are feeling the same oppression as the people in Nyasaland.

that I feel this world is ours: created by Almighty God; one people, one world.

I also feel that we should be treated with equality at all times.

I am not concerned with the circumstances that have created the white man, or the coloured man.

God created man, but man is so involved in his own society that he has forgotten the beginning of life.
In my opinion this Motion does not go far enough to carry our sentiments with the force with which it should go from a colonial people who have suffered similar tyrannical action in the past.

Anyway, I will support it as it stands.

Dr. Jagan: I, too, would like to give my wholehearted support to the Motion moved by the hon.

Member.
Member.

All over the world today you are getting disturbances of one kind or another, and we should take them as a symptlom of our age and not necessarily that people are getting out of hand because we are moving away from a system of colonial I believe that ism and imperialism.

1299 Disturbances in 13TH MARCH, 1959 Nyasaland i:300 several things are responsible for the race prejudice and race hatred we hear so much of nowadays.
Some people say that the British Government and the Colonial Office are the protectors of the natives of Africa.

I do not want to dwell on the term "native", and whether that term means a black, brown or yellow person.

Even in Africa today people of all races are championing the cause of freedtom and democracy, and are fighting side by side with in the majority in Africa.
We saw only the other day where, among the hundreds of people who were arrested in South Africa and brought before the court, many were whites, Asians, and so north.

their brothers who -are We have to be very careful about that sort of thing in a country like ours where sever-al races of people are found.

I am not one of those who will condone riloting, looting, shooting or killing be cause it is done by one race or another.
We are all shocked by the shooting which is talcing place, and equally some of us are shocked by rioting, arson and so forth; but all of that is coming about because, as I have said, tloo little is done, and in most cases what little is done is done too late.
· We have seen where in Cyprus to day the people's aspirations are being met not too late, but to a large extent after a great deal of unnecessary shooting and loss of lives - simply because siome leaders cannot think in new terms but are still thinking in terms of the past.

In this nuclear age, their thinking is still far I do hope that the British Gov behind.
ernment will see its way in acceding, first and foremost, to the democratic wishes of people in all her territories, wherever in Africa or else they may be living - where!

We are hearing nowadays that the Col1onial Office and the British Govern ment are solicitous of the wishes of the African people, and that is why they are not conceding Dominion status to Sir Roy Welensky - or whatever his name is; that they are not conceding it because the Africans would get a raw deal.
What they should tell us is that they are ready to restore full democracy in certain parts of Africa and give the people the right to vote.

Then we would not have the situa tion where white officers and soldiers commanding native soldiers tell them to shoot Africans and others.

Africans to day are fighting fior their political and other rights, and the white people who support them often share their sufferings.

I would like to see the problem ap proached in terms of human values and human rights.
The hon.

Nominated Member, Mr. Tasker, referred to the hard work put in by the settlers and what they have done to build these oountries, but it cannot be denied that much of the hard work they have put in has been rewarded by a It tremendous harvest of good results.

is, however, not necessarily by their own labours that they have received good results, but by the exploitation of people who have ruo political rights.
Those are things that are causing disturbances to day, and the quicker the British Govern ment comes down to recognizing the basic fact that democracy must prevail and that white people who have economic interest in Africa must learn to live in a new democratic structure, the better for all concerned.
In the Motion which was moved it is siought that this Council should express concern over the situation, and request the intervention of Her Majesty's Gov ernment to secure the release of fhe detainees and to lift the ban on the African National Congress, as well as to ensure the just national aspirations of the people of Nyasaland.

I feel we shlould go a little further.

We should ask that a Commission should be sent out immediately to this territory.
Not the usual white-washing commissions which we always have after these so-called disturbances.
In view of the fact that we are living in a Com monwealth which is a partnership of the 1301 Bisturbances in 13TH MARCH, 1959 Nyasaland , 1302 i" [DR. JAGAN] Metnopolitan and other territories, and the idea of equal partnership has to be c:faveloped in every respect, I would sug gest that a Commission made up of three m@mbilrs, one from the United Kingdom, 0ne from Ghana and one from India, and J'lOSsibly one from the United Nations, be appointed to investigate this issue as an independent body.
This is no longer an issue affecting Great Britain and Nyasaland.

What is happenin,!!

in Nyasaland today can have repercussions all over the Colonial Empire and all over the world.

As it is no l0nger a partisan matter, affecting the £ritish Governmemt, let it be taken up at C01m::10nwealth level, if the Common wealth is to mean what we have been hearing it is meant tJo be.
Let us see principles being put into practice now, and in that way we will find that all raG@s in the Commonwealth will live in concord and amity, under true demo cratic plrocedu.res and practices.

I would therefore suggest to the Mover that he agree to an Amendment of his Motion in the terms I have suggested.

The policy of apartheid has been in tome for a good many years in one t€rritory, and it has spread to others, causing a good deal of confusion and trouble.
I feel that the Commonwealth can set an example for its own and other territories by resolving these racial diffi It is time that an end be put to culties.

racial barriers and racial prejudices be tween pe1opl@s, and the British Govern ment has taken a lead and can lead in that respect.
The cold war in terms of ideology, the cold war in terms of racial pFejudice-all these must go; and it is then and only then that countries like British Guiana and Nyasaland will be on the high road to prosperity and peace, and amity among all the races inhabiting those territories.

Mr.

Bowman: I view with horror the atrocities practised and disgust against the indigenous sons and daughters of Nyasaland.
I am a Guianese, born and bred, but my forebears came from Africa, and whatever hurts the African hurts me also; it is time that they take note of the aspirations of Africans.

I remember a little story from English history a little over 2,000 years agio.

When the Romans invaded Britain one of their kings, named Caractacus, was caµtured and taken to Rome.

And in their day of triumph, the Roman emperor asked him if he was not aware of the fact that all who raised arms against Rome were doomed.
The Briton looked at him straight in the eye, and replied, "I have only my own life tJo account for.

I am robbed of my home and my freedom, what more have l to live for?

Do you think that I am afraid to die here, more than on the field of battle" ?

The Roman then said, "Bri1lon, you shall not die.

Rome is able to for give a brave enemy."

We hear a great deal about learning and all that.

There were days when Africa was the seat of learning.

Today it is the day of th,;: European.


I want to make it clear for the records that the coloured peoples of the wiorld have long memories.

We have children, and they will survive those of us who are living today, and they are If I had the means going to remember.

I would raise armies against them now.

How long will these things last?

I will answer the question myself: as long as colonialism lasts.

Not a single European was killed, but 40 odd Africans were killed - for what ?
Flor the same nonsense that took place here in 1953 when they fabricated all sorts of lies and charged me with sedition.

I am saying this because I am very much hurt.

They could not prove one word, and that is why the case against me was dismissed.

The same thing is happening today in Nyasaland.

To justify their dirty deeds they always tell lies.

They have their aspirations.

Is there any difference between their aspira tions and ours?
I would like to add to the Motion a request to the British Gtovernment to act ·i 1303 Disturbances in 13TH MARCH, 1959 Nyasaland 1304 very speedily and to intervene in the troubles in Nyasaland, because there may be repercussions; anything may happen.

I feel very strongly in this matter and I would suggest that a record of this debate be sent as early as possible to the Secre tary of State for the Colonies.

Mr. Saffee: I would like to offer my congratulatilons to the hon.
Mover of this Motion which is very timely.

Colon ial peoples all over the world are very much worried when these disturbances occur and we hear of shooting and of charges against and imprisonment of coLonial leaders and the banning of their organizations.

These are some of the pains and humiliation that colonial peoples are subjected to from time to time, and as a Guianese I am very much perturbed to know that such things are happening in this age of advancement.
When colonials are sblot in any part of the world colonials everywhere are hurt when such cruelty to their brothers.

A few days ago we read that the people's organization in Nyasaland was declared illegal, and one wonders why these things happen in this sup posedly civilized world.

Why are people shot because 1of their ambitions and be cause of their right and determination to fight for the freedom of their country ?

is done Every colonial is involved in this issue.


It is the right of colonial people to fight and demand their just rights.

I had thought that the age of suppressiion and cruelty was f.ast disappearing.

We can only hope that the time is fast approach ing when such things will disappear from the world.

I read in a newspaper some time ago that the Prime Minister of Ghana, at a conference of African leaders said : "People of Africa unite.

You have no thing to lose but your chains."


Those words must have given great in spi rntion to the people of Africa, and be cause of the upsurge of nationalism in Africa we find that the iron fist of the British Government is being used to im-.

prison the African leaders and to crush I I things.

dynamic movement.
dynamic movement.

~an their long from only hope that not very shall hear no more of now we these reading rnmember a book in which Napolean Bonaparte, who was a great fighter, said tint t~e two greatest powers in the world were the sword and the spirit, but that the sword will always be conquered by the spirit.

Niot long ago force was used -against the people of Cyprus to suppress t.I1eir rights and their freedom.

The great Mahatma Gandhi said that truth crushed into the earth will rise again.
As a Guianese and a colonial I am very much hurt when these things happGn, and I do hope that this Council will the Resolution of impress upon the British Gover :ment how we feel about these acts.

Mr. Ajodha Singh: As a colonial citizen it is my duty to spctak against the treatment meted out to thG people of Nyasaland.
In 1957 I had the oppor tunity of meeting some of the represent atives of that country, and l was t0ld by the various representatives from Africa that conditions in their ciountri~s were very bad, and that whenever they asked for economic improvement they were threatened with bullets.

That is the old colonial policy.

It is not a new p@lic.y with respect to colonials 0f the world.
I can remember as far back as .1924 when people ion the East Bank, Demcrara, wanted to see the Governor to ask for better conditions in their jobs and they were shot in the vicinity of the Ruimvel<tl Police Station.

My grandmother was shot during that disturbance while nursing her baby in her home.

As Mr.

Bowman mentioned, in 1953 many members 1of our Party wt..r:; detained without trial at Atkinson Field.
It was then said that we had c0nceived a plot to overthrow the Governraent of I can British Guiana.

Mr. Speaker, assure you there was no such plot, but I can remember reading in newspapers printed in Britain that there was blood shed in British Guiana and as a result trool)s had to be sent to this oountry to quell the riots.

We are accustomed to ~ 1305 Disturbances in 13TH MARCH, 1959 Nyasaland 1306 can be [MR. AJODHA SINGH] reading of such things.
The same thing is happening in Nyasaland; the Africans conceived a plot to overthrow the Gov ernment !

Then the people are massacred.

People -are killed as if they were animals.

I think the time has come when, if Britain wants to see the Oommonwealth live and become a real force in this world of ours, she should cease spending money on arms to kill colonials whenever they revolt against oppression and bad condi tions in their country.
She shiould spend some of that money on development schemes in colonial territories so that the · people she is willing to help them, and they would be able to support her in a campaign to secure better conditions for the people of the world as a whole.

I think that is the solution to the world's problems, and with these few words I strongly support the Motion by the hon.
Member for George town Central, and the suggestion made by the Leader of the Majority Party that this Council should recommend Vo the Secretary of State for the Colonies that a Commission be sent to investigate condi tions in Nyasaland.

I feel that what is happening in Africa may develop into a civil war, and that the British Govern ment should take immediate steps to save the situatiion.
satisfied that Mr. Kendall: I feel it is the aim and aspiration of all colonial people in and out of the British Commonwealth of Nations to aspire towards political inde pendence and, therefore, what is happen ing in Nyasaland should be of great oon cern to all colonials.

Because of that, I am in agreement with this Motion that bas been moved by the hon.

Member for Georgetown Central.


Like other speakers I sincerely trust that the British Govern ment will see the necessity of arresting what I feel is a very disturbing situation in this civilized age of tours.

Today we find that the powers that be are doing everything possible to thwart the efforts of a man who has left his homeland for over 40 years in order the necessary experience for to gaim leadership, and has returned in order to help his people achieve P.olitical and economic independence.
What is happen ing in Nyasaland may happen in British Guiana, and I feel that the British Gov ernment should be told in no uncertain terms that the time has come when all Colonials should be given an opportunity to have a greater say in the government of their country.

I feel that the ability of Dr. Banda tJo lead his party and Nyasaland to political freedom is accepted, and the I also feel party should not be banned.
that Dr. Banda and his supporters should qe released as early as possible, and that the British Government should note from the record of this debate on the Motion how we feel I, therefiore, have the greatest pleasure in supporting this timely Motion.

in British Guiana.
in British Guiana.

Mr. Burnham ( replying): Since it seems as if every Member who has spoken so far is in complete agreement with the Motion, it may be thought that the exercising of my right to reply is an unnecessary imposition on this I, however, do 1110 think so, Council.

for while everyone has paid lip-service to this Motion, there are certain miscon ceptions introduced, that have been more especially by the hon.

Nominated Member, Mr. Tasker.

We have heard from the hon.


Gentleman about the hard wtork and determination of the white settlers in Nyasaland and other parts of C~ntral and South Africa without being told that it is the sweat and blood of those people whom they refuse to give political rights to that have given them ( white settlers) the prosperity which they now enjoy.

We do n1ot have to go to Nyasaland to know that those hard working people are not the settlers but the natives who are supposed to be over paid at 8c.

per hour.
per hour.

The natives are huddled together like animals, and the settlers have stolen their lands.

A certain amount 1of objectivity is necessary, but no pseudo objectivity or criticism made by the settlers who are interested in the matter can fool people who are thinking deeply.

1307 Disturbances in 13TH MARCH, 1959 Nyasaland 1308 Dr. Banda is a gentleman who, ac cording to our standards, is most respec table as compared with the political leaders of British Guiana.

Dr. Banda is lukewarm.


He is a leader of the old school, well over 60 years of age, a in polished gentleman who believes evolution, and he is the man they have placed in jail.

No wonder we are not persuaded by the nonsensical suggestion that communism is responsible for these disturbances.
I knlow Dr. Banda personally, and he has made it quite clear that there need be no fear on the part of right thinking European settlers; their proper ties will not be confiscated; their busi nesses will not be taken away.

The position is not as Mr. Tasker wants us to believe.

Those white settlers are worried because they will no longer be looked upon as gods.

Responsible leaders have told them "We do not want to send you home or confiscate youT property, we just want to get our rights.
If you behave yourselves like human beings some of yiou may remain."

I am convinced about that because you can always find a black sheep among milk white lambs.

I am sure things would work out favourably if the settlers would respect the claims of the natives.

Another misconception that was in troduced into this debate by the same hon.

Gentleman was that a number ,of people were in favour of Federation.
If it would not have been thought unparlia mentary, I would have described that statement as sheer nonsense.

I happen to know the leaders of the people in Northern Rhodesia and Southern Rho desia.

They were my dontemporaries in London, and I cannot agree with what the hon.

Nominated Member, Mr. Tasker, has said.

I do not agree with what has been said in the U .K.

on this issue, and I feel that what has been said by the few paltry white settlers is ab solutely inaccurate.

I -understand .
I -understand .

that the maJonty of the people has admitted that the majority of Africans is against Federati.on because they feel it is an attempt to bring to gether the leading groups in the three territories, and that conditions would be worse for them in the end.

The Asians are also against Federation.

If the majority of Africans is against it, how can the hon.

Nominated Member argue that the people are in faV'Our of it?

I think the hon.
I think the hon.

Member used the words "large proportion", and I apologize for In a majority of mil misquoting him.

lions I cannot see how a few hundred thousand can be considered large.

All this talk about the eoonomic benefi~ that will accrue to the people in Nyasa land is good theory.

The question is, who gets the economic benefits?

.

Is it the people who strike because they are being paid 8c per hour, or the people who are making the money out 10f the sweat and blood of the natives?
We know that there are some parts of Africa where natives cannot talk back to their employers.

All of these things hurt us.

I am very grateful for the show of liberalism on the part of the h,on.

Nominated Member, Mr. Tasker, but I hope to show that when embarking on topics like these he should not belabour the old expressions used by people who are against the natives.
Let us look at the type of justice meted out to people in England and let us see what the Gov ernment of the U.K. would have done in a similar case.

That is the test he should apply in his arguments.

The Commonwealth is now pre dominantly a Commonwealth of coloured people.

We have seen what is taking place among the people in Ghana and Nigeria who are now protesting agru.nst this wanton brutality.

Some of us are aware of what took place at the Accra Conference.
What is wrong with the free peoples of Africa meeting together and calling each other to do things for the improvement of Africa as a wh10le?

What was wrong .

with the British when they wanted to be free ?

What was wrong with the Americans when they wanted to be· free?

... 1309 Disturbances in 13TH MARCH, 1959 Nyasa/and 1310 [MR. BURNHAM] The same arguments being used here about vested interest and hard work were used in England by the people the American who sought to keep Colonies under their thumbs.
In this 20th Century we are still hearing the same old arguments - in days gone by it was the pian·ola, but today we have the tape recorder.

I think it is high time that we stop making such excuses.

As I see it there is nothing wrong with people wanting to be free.

What is wrong is that other people do not want to see them free.

I am not look ing at this matter in terms of the shade or coll.

)ur of the people involved.

If the people in British Guiana want to rule themselves what is wrong with that?
We :ire always grateful for the solicitude of our rulers, bull it is our democratic right to ask that we be given an oppor tunity to rule ourselves.

We cannot understand this solicitude.

If we want to · make fools of our selves, give us an opportunity to make our own mistakes.

This interest in the people; this protection of the natives is sheer hypocrisy and it is used to veil the economic interests of the white settlers.
The coloni·als all over the world want Iii> be treated properly and in a demo q:atic way by the minority who, in the past, have been so barbaric with us.

Times are changing rapidly, and this is but the last assault of the dying lion.

History is on our side.

Events have shown that we have got to win.

As individuals here we may ilot live to see the end.

But time is on our side.


When the whole colonial w,orld wins, we shall want to see them treat properly and humanely that minor ity which in the past has been so bar baric.

Those are the sentiments which I wish to express.

It is obvious that I feel very deeply about it; it is because I have had my own experience, perhaps at another level and on another scale, and I am happy to see that this particular Motion ha:s met with approval of bjoth sides of the Council.
To my mind it is signi ficant that whatever may be the differ ences between us, and God knows, the gap is unbridgable on many occasions; when it comes to the question of the freedom and the right of people to rule themselves, let n'.ot our enemies feel that there are differences of opinion.

We may differ as to who should take over the Government, or whose ideology sh.ould bring prosperity to our country, hut there are :no differences when it comes to the question as to whether Guianese should rule.
May I say a brief word about the suggestion from the hon.

Minister of I entirely agree Trade and Industry?

with his sentiments, but I do not want to give any excuse to the British Govern I am not so sure about the wis ment.

dom of persuading the Government how a Commission of Inquiry should be made up, if one is appointed.

As a lawyer 1 am particularly wary about such a sug gestion.
But I have no doubt that the record of this debate will reach Her through Her Majesty's Government Majesty's Secretary of State for the Colonies.

I feel the comments which we have made on the appointment of a Commission of Inquiry and the sources from which its membership should be drawn will certainly be noted, and may be acted upon, or maybe not.

Further, I say this: we would wish that something be done expeditiously; we want the immediate release and the im In another mediate lifting of the ban.
place and at another time I propose to move that we should observe a day of mourning for those people who have died.

We wish not only that Nyasaland be free, not only that Central Africa be really free, not only that Africa be free, but that' all those who today do not enjoy full freedom, which is a God-given right, should be free.

Motion, put, and carried without dissent.

l 31 1 Tax (Amend- 13TH M ARCH, 1959 ment) Bill 1312 ORDER OF THE DAY Mr. Speaker: You did.

TAX (AMENDMENT) BILL Mr. Speaker: Hon.


Members, Council will resume the debate on the Second Reading of the Bill intituled, "An Ordinance to amend the Tax Ordinance".

At the adjournment the hon.

Member for Georgetown North (Mr. Jackson) was speaking.

He mentioned at the time that he was passing on to another subject which was the Report of the Public Petitions Committee.

I would like to make one observa tion, and that is to call attention to the nature of the Report, which is very short.
The Committee recommended to this Council that the prayer of the Petition be granted, "the reason being that if there were an immediate increase in the excise duty on locally manufactured beer the results are likely to be inimical to the s.etting up of new industries."

I call attention to that especially because I want to appeal to Members of the Council to speak directly to the re the Report.
The commendation of in effect, on the present debate is, principle of the Tax (Amendment) Bill, and the Report only touches a part of the Bill, namely Clause 4.

I do not l hope think I need to say any more.

Members know that I have granted excessive latitude, and Members have exhausted the ordinary time limit three or four times in a single speech.

I want to ask them not to give me the opportu nity to bring them back to the point or stop any Member from speaking heyond the time limit.
Mr. Jackson: Mr. Speaker, I am very appreciative of the latitude you have granted Members in the debate on this subject which is a very important I had indicated that I was going one.

to speak on the Petition.

I think we did deal with that aspect of it.

Mr. Jackson: As a matter of fact, I intended this afternoon to avoid re- petition as far as I possibly could.

Mr. Speaker: We are grateful.


Mr. Jackson: And because of my predisposition in that respect, I would say that there must have been some reason that the hon.

Minister of Trade and Industry, at the time of the visit of the Canadian Trade Delegation here, gave the assurance that this Government it would honour all makes with other people.
Perhaps it must have been realized at the time that the increase in the excise tax on beer was a matter of the moment at the time of the visit and it therefore became necessary for that assurance to be given.
the agreements It seems to me because of our desire to be isolationist, because of our desire to remain insular, we are losing sight of the zeal and vision shown by other territories of the British Caribbean; and while we are imposing a tax on a young industry, we find that the other territories are taking steps to encourage I would like to refer capital investment.

to what is happening in Trinidad.


If you will permit me, Sir, I would refer briefly to "The Nation", a news paper which is the official organ of the People's National Movement.

In its edi tion of July 28 last, under the heading "Jobs in Private Industry", it says: "Public expenditure will continue to stimulate private capital investment, both external and local, in industry, commerce, housing and agriculture.
The construc tion of the new Texaco refinery is ex pected to provide a peak of 1000 jobs towards the end of the year.

The new Salvatori Hardware and Electric de partment stores, the new Texaco office at Point-a-Pierre, the new Bank of London and Montreal building, will provide addi· The W. R. Grace tional employment.

Co. and Texaco will begin large scale housing projects for their employees.
The West_ Indian Tobacco Co. is engaged in ~ ~ 131<3 tax (Amend- 1 :hu MARCH, 19 59 ment) Btit 1314 [MR. JACKSON] by oil companies, in Trinidad under tobacco.

and Tobago In fulfil­ stated policy re­ the utilisation of the idle land Texaco will a Model Dairy Farm in Point­ next year for 50 milking cows production a large increase in the acreage ment of Government's garding controlled establish a-Pierre with an initial per day.
Side by side with these will go the new factories, more and more of them as the Industrial Cor­ poration finds paper, milk, cold storage, television, the chief of which, we trust, all purpose cannery."

will be an Development of 100 gallons fish canning, we hope, and other products, its fee.t - for fertiliser, that the people of Trinidad whether •and are en­ they are investors, That is an indication the Government couraging local or foreign, them every incentive tunity ment of the country.
to spend money on the develop­ and that they are giving and every oppor­ of 1958.

In reference will be coming that can make it ap­ to the fact that .

a Trade Mission Guiana, of the situation and Trini­ In my hand is an edition the "Evening Post" of Toronto, dated 13th December, this paper I find not one item, except passing Canadian to British pear that we in this Colony are attempt­ ing to take advantage which is present in Jamaica dad.
In the headlines Million and a statement include exemption come tax on profits.

tive given by the Government of Jamaica to the people who are investing money in the bauxite industry in that island, and we find the same thing happening in Trinidad.

More and more the realiz­ ation is that encouragement must be given to people with in your country.
we find "100 For Jamaica" that the incentives from payment of in­ to invest it That is the incen­ capital Bauxite Project or to invite and courage which is still and since ones.

I trust that If our vision was not new industrie& tax on an industry posts will not help us.

What for investment more of capital but we are in no investment will help this at all.
Reducing salaries and in­ that it would to create is vision to come and put their money of this debate Government that it has put its feet on .... excise in 1.s infancy.

blurred by narrow-mindedness sularity we would realize be more to our advantage opportunities than we have at the moment.
Incentives must not only be given to foreign to local investors, such dire need of capital amount of cheeseparing country abolishing we want investors into our industries, create and expand existing as a result will realize the wrong plank at the wrong time, and in its own interest, of the country; of the Petitions Committee that be not imposed upon the industry.

�Mr.

Kendall: The indecent haste with which the Government to tax further of its efficient ing to would-be industry.
opening the debate on the taxation proposals that the proposed charitable to that view, and I am strengthened by the recommendation Committee.
If Government in its desire that this country should strive after self-sufficiency and endeavour to produce as much as possible of the goods we consume, this pro­ posal to tax further this local industry a breach of faith in view of its desire to see British and the interest accept the recommendation for the "Opposition" tax on beer was un­ is discourag­ in local that in a local enterprise management now of the Petitions Guiana industri·alised.

is seeking because It will be remembered and untimely.
investors I consider I still adhere is sincere I said the tax at the Is it an encouragement It is unfortunate cism of the Financial moment to tax a local industry within piloted short a period of its existence?

a suspicion because some of his colleagues Trinidad, Carib beer was allowed a longer period of tax relief and exemp­ have made it public tion, and there is no reason why our ing local beer came from him.
l feel Government, which is perhaps that the critcism backward and not forward, against the entire when a Bill comes before the Council this time seek to impose an increase that to some extent it was may that the idea of tax­ Secretary, but I have the Bill, was unkind, that public criti­ looking should at so In who of should be directed Government, because 1315 Tax (Amend- 13TH Jy{ARCH, 1959 ment) Bill 1316 It is, therefor�, private Council to so conduct and it is the busi­ ~especially elected that themselves can offer; a portion of the back to the by way of income tax and it has the support of the whole policy­ making body the Executive Council, ness of all Ministers, Ministers, it may not appear that certain Members of the Executive were respon­ sible for certain decisions.
Government of the country, which is wages paid to them goes Government other forms of taxation.

the business courage and see to it that its association Directors British sufficient Federation toms Union will be less.
that our contribution the duty from is good in every field where to become self­ so that if ever we enter into our contribution of the Government to en­ of that nature, enterprise with the I want to say that if the "Opposi­ tion" was as strong as I would have liked it to be, there might have been an inter­ on a Motion esting debate to censure may call a Budget leakage.
stituted on the voting Government very strong can do side, the most the "Opposition" is to express the Government for what I But con­ is, with the as this Council Guiana is likely in this Council articles.

will be based on imported its views.


to the Cus­ I understand trust that, in the light this debate, and will be broad-minded I sincerely of what has been said during Government of com­ big enough to see the necessity ing to a compromise with the Directors and see whether of Bank Breweries would be possible, of trying instead extract the percentage by half.

I that any negotiations of this nature be taken with grace and it will help to create that confidence Government the people.
i& to to ,reduce am certain which any good from 50% more on excise, would like to obtain will in the first year, opportunity I am disappointed that because of l feel that it include people, should be able management of a local whose shareholders the other way.

The success be regarded the efficient company, some ordinary and the fact that it has been able to show a very good profit should be taken by Government to im­ taxation.
pose additional should be of Bank Breweries should as an inspiration to local and foreign Government investors.
to show the world that here is a local company is able to run its business as to be able to sell its product in a com­ that most market to the extent petitive of the beer consumed is of local -manufact when a company like Bank Breweries is supported world will appreciate ment is grateful is anxious that company are used to expand into new fields because its management that the Govern­ to local enterprise in British ure.
I think that that so efficiently with initiative, by the Government the to see that profits a company is sound.
Guiana made by and it is satisfied that it is I have seen the balance sheet; and I outside the fact that Guiana despite has been offered and stimulating, should be per­ very encouraging feel that the Directors suaded against investing money of British better facilities to them in another how I would expect IP approach Members commonsense tors of Bank Breweries operations not only get more excise more export ing their surplus this issue.
I expect the of this Government to use their here so that Government duty, but also territory.

a good Government the Direc­ to expand their duty when they are export­ and encourage products.

That is will The hon.

the Financial Secretary, told for a long time of British proprietors, We have been that most of the wealth goes to absentee and all sorts of people.
local company circulating people are paid better who has had the unfortunate senting this increase ity, has attempted the tax be­ imperialists cause he feels that the Company is on We have a it firm ground and, that is making beer and a contribution should give the towards the of this country.

I appre- development Guiana; wages than the money in British to justify Guiana task of pre­ like other companies, on a local commod­ to express sonal and unwarranted attack which has been made on the hon.

the.
the.

Financial Secretary to introduce it was his misfortune the new tax.

beoause that the people never which had been signed 1311 Tax (Amend-13TH MARCH, 1959 ment) Bill 1318 [MR. KENDALL] them more than is necessary.

I am against taxa­ of further the imposition tion on Banks beer at this time.

I feel that this tax is untimely and I hope that, in the light been said in and outside Government enough to arrive that the people in British have greater Let us show our ability in making British prosperous.
� iµ part, but I ciate those observations still contend thought that Government would hav;e made use of that particular the Agreement by a former Financial agree that the Clause indicated any time the excise duty could changed.

That is a saving it should at the moment.

I think the then Fin­ ancial body would attempt �xcise its existence.

felt that no Legislative to.

increase t�e so early m duty on a commodity Secretary .
I that at be Clause ruid Mr. Davis: I would like first of all of the per­ my condemnation not be used as it is being used so Guiana will Secretary to play our part Clause in and uncharitable , !of what has of this Chamber, will be broad-minded at a compromise Guiana progressive and faith in its administration.

.

I am blaming the whole Govern­ intends tlile Elected established time in the history in this industry.
of this coun­ of the public is Is this the to treat the trying to take which the people have ment, especially Members of the Government who are always saying that they want to see local in:­ here.

This is the dustries Guiana of British first that people have bee.n encouraged _to invest their money lll a worthwhile scheme for the development try.

Every section interested way Government people?

away the profits made as a result of efficient ment?

I think at one stage of his speech the hon.


the Financial mentioned inefficient Government sidered it is the feeling people ness in an inefficient obtain sistance of the Government that to run a busi­ manner in order to a subsidy, from Government?

such a plea.

I wonder whether that if the management should endeavour Is Government or some f!orm of as­ Secretary may have con­ manage­ were The Managing�Director of the to refer to my on the new tax in this Council.
has been pleased Brewery comments He did so in the Press and in other places.

While doing so he posed the question, trust, that I will express terms, answer made reference myself and I feel sure that he will get the he has posed in the Press when be was the tax fair or not?

I to my comments.

during the course of my remarks, in no uncertain I would like to refer to the campaign with the thoroughness "Axe the Tax".

I am still rather im­ pressed and the amount of effort he has put into it.
When one adds the cost 'Of this campaign to what it will cost the Company to bring down a certain eminent the case in the courts of justice the amount will be in the vicinity 2,000 guineas, stopping of Are you I understand.

Q.C.

to argue me, Sir?


Mr. Speaker : No, I am listening a commodity This Company is not asking favours: that has It has produced that is commodity taken the market-a far and above what the contributing I am con­ Government expected, and vinced that it will continue to progress if the Government in power will consider things not think that the for people who are doing look a1found and try to squeeze from good business Mr. Davis : I give you credit for will cost that.
I think this campaign the Olmpany a tidy sum of money.

I admit that they will benefit from the they have used amount of propaganda because it has a certain degree of adver­ tising value.

But, surely, Government should .

attentively frame of mind.

I do in a better this question .. 1319 Tax (Amend- 13TH MARCH, 1959 ment) Bill 1320 of advertising must reach the saturation point at some stage.
It is the right of the Managing-Director and the Directors of Bank Breweries to hire buses to take It is also my right as a people around.

this Council as well as Member of of to offer my criticism.

the general public It is my view, so far as I can see, that the position of the Government in introducing this tax is abundantly clear.

One only has to refer to the letter of the former Financial Secretary which, in my view, makes it still clearer.
If there was any ambiguity, or if there can be any, it does demonstrate that an astute and able businessman did not take the trouble to question at the time whether or not it was there.

Mr. Speaker: I think I shall sus pend the sitting at this stage until five o'clock when, on the resumption, I shall ask that we continue the debate on this Bill.

Sitting suspended accordingly.

RESUMPTION Council resumed at five o'clock.


TAX (AMENDMENT) BILL The debate was resumed on the Second Reading of the Bill intituled "An Ordinance to amend the Tax Ordinance".

Mr. Davis: I was saying that a letter was written by the Financial Secre tary to say that it was the duty of the Directors of the Brewery to clear up any ambiguity.

Now this Government gave the Brewery certain concessions which included the importation of machinery It was the first public com duty-free.
pany of its kind, and although Govern ment was within its rights to tax the product, I would observe that other Gui anese industries, such as the wine indus try, have not been touched.

Therefore it does appear to me that the excise tax is somewhat discriminatory.

Even if this decision to tax had to be taken, Government could have shown its good faith and introduced a measure like a protective tariff for the beer.
.. ~ If one refers to the tariff rates which came into effect yesterday, or be fore, one would see that the price of beer and rum imported under the Preferential tariff would be subject to an extra 25 cents per gallon.

Fmm $2 to $2.25 per gallon, also stout and port.

Let us say that the local beer may not have been a good beer, and some rate of tax had to be fixed in any case, not too much out of proportion with imported beer, so that lovers of reer could buy the import ed article.
But that was not the case.

Banks has definitely been established as a good article, one which can stand the test of competition.

It is my view that Government could have limited strongly the amount of beer that could be im ported from other sources, Britain or elsewhere.

May I make another comment?


Since I have had the privilege of seeing the first year's report-a very well pro duced brochure-I have decided that the effect of the increase in excise duty is even more serious than I thought, be cause I read that the Company is think ing of investing $500,000 'Outside of British Guiana.

It is planned to spend that amount on the establishment of a brewery in Barbados, and the.

share holders are to decide in this matter at a meeting to take place on the 31st of March, next.
Now I agree that the Company has the right to decide what is in its best interest, and what is, in its own judgment, the best way to invest its shareholders' money.

that readily.

But what about the moral ethics of the situation?

I grant and concede ··· Let us assume for argument's sake, that the Government was morally wrong to · increase the Excise tax, are we to understand that two moral wrongs will make a moral right?
There are on the v 1321 T{l;}C (Amend- 13TH MARCH, 1959 ment) Bill 1322 [MR. DAVIS] directorate of the Cbmpany many bril liant Guianese who have made their im pressions in commerce and industry, and it is startling to me that they could have agreed to such a scheme.
I wanted to say "iniquitous scheme", but perhaps I should not use such strong terms in this Council Here is a situation in which the Company has enjoyed certain tax conce.ssions, as a result of which certain profits have -accrued, and now proposes to use those profits to boister industrial development in another Colony with Gui anese capital.

It is an abhorrent thought to me and I hope that reason and good sense will prevail.

For that reason I was intrigued by the suggestion that came from the hon.
Member for New Amsterdam (Mr. Kendall) that a compromise might be at I was sorry that he did not tempted.

develop his suggestion a little more, but it did appeal to me very strongly.

The fact that after the tax-free period has expired the Company will have to face up to its obligations to the Government and the country as a whole in respect of income tax is a very considerable argu ment in favour of a compromise which may avoid the catastrophe which is about I take my seat hoping to take place.
that the suggestion of a compromise will be given serious consideration.

f Mr. Tasker: I would like to asso ciate myself with the comments of the hon.

Nominated Member, Mr. Davis, on the subject of the personal attacks on the I did not have an Financial Secretary.

opportunity of doing so earlier, being I agree absent from the Budget debate.

entirely with what he said-that personal attacks on officials who are unable to defend themselves are grossly unfair.
I am against this Bill and the tax proposals with respect to rum and beer on the practical grounds of revenue I think it is dangerous in the raising.

case ot a young industcy like a brewery which, quite apart from all the problems of risk-bearing capital, has also to face the unpredictable problems of human taste and palate.
I think we all recognize that the greatest successes in the beverage field have been achieved by iliose manu facturers who have maintained a good standard and consistency of product, along with vigorous advertising and sales promotion.
It seems to me, therefore, -and I think we are all agreed that Bank Breweries has done precisely that with its product-that it is dangerous to take a chance, so early in the life of this young industry, of damaging its prospects of continuing to enjoy the public acceptance it has already gained.

But there is another aspect of the position of Bank Breweries.
I see from the estimates of revenue for 1959 that the original approved estimate for 1958 of revenue from Excise duty on beer was $125,000, which was subsequently revised upwards to $465,500.

I am not clear whether in fact that is the final figure, but those two figures show a gain of over $340,000 on the original estimate of revenue from this source, which is proof of the success of Banks beer.
On that the other hand, the revenue from imported malts, beer, ale and stout in I 958, was down by approximately $400,000 on the 1956 I take 1956 advisedly, because figures.

that was the last full year before Banks I do not beer came on the market.
think anybody would argue about the advantage that has been gained from Banks beer, which is a new industry and has in fact made up the loss of revenue on the imported article; but I think we should recognize that the loss of revenue on imported beer and the gain in Excise duty on the local beer appear to cancel each other out.

I understand The other problem is that of rum.

Here again, I very much doubt whether in fact this is wise taxation policy in terms of this product.
Up to and in cluding 1957 we had seen an incre::ise in the local consumption of rum.

The Excise duty had been raised in 1955 from $7 .20 per proof gallon to $8.

There it remained for a couple of years.

In December, I 9 5 7, the duty was in- 1 1323 Tax (Amend- 13TH MARCH, 1959 ment) Bill 1324 creased by a further 80 cents per gallon, and consumption in 19 5 8 fell, we · are told, by 23,800 proof gallons.
This loss of nearly 24,000 proof gallons in consumption was compensated for in re venue by the fact that an additional 80 cents per proof gallon was collected on In fact, approximately all rum sold.

$176,000 in additional revenue was col lected from rum in 1958 compared with 1957, even allowing for the drop of 24,000 gallons in consumption.

That was the position at the end of 1958.

Now.

in 1959, we have this pro posal for a further increase of 80 cents per proof gallon on rum.
Working on the analogy of I 958 consumption, there would have to be a drop in 1959 of a further 40,000 proof gallons before the proposed figures were negatived in finan cial terms; and it may seem that that 40,000 proof gallons, set against the figure of 24,000 proof gallons lost in 1958, is more than sufficient to ensure that we will in fact gain more revenue than before.
But I must say that the figures for the first two months of this year are extremely disquieting, since calculations for home consumption for January and February are about 16,000 proof gallons less than the calculations for the corresponding two months of 1958.

We are 16,000 proof gallons down already this year.

I make these points because we may well be getting, in rum taxation, to the point of diminish ing returns.
While our reduction in consumption has so far been compen sated for by the increase in the collection of duty, we may now be getting to the stage where the increase in duty may force consumption down to the point where Government will get less revenue.

The excise duty on rum contributes approximately 10 per cent.

of our total revenue.


As has been said many times here and elsewhere, rum is, of course, consumed largely by the poorer citizens of British Guiana whose economy, gener ally speaking, is interlocked with the agricultural economy of the Colony.

On·e of the most significant things about the consumption of rum is that our agricul- tural economy is just not buoyant enough to absorb the effects of fluctuations in This is the fortunes of commodities.
borne out by the fact that rum sales in British Guiana always reflect precisely -and accurately what is happening in the sugar and rice industries.

You merely have to look at the figures for the latter part of 1957 to see what happened to rum consumption when the rice industry suffered a severe drought.

Another point on the revenue side of rum is, of course, that revenue is not confined to excise duty.
The Govern ment gets a substantial amount of re venue from income tax, spirit shops, res taurants and hotel licences, bonded ware house licences, distillery tax, etc., all of which are bound to suffer from a decrease in the consumption of rum.

Moreover, as the price of rum goes up, so will the activities of the bush rum merchant also The difficulty about the bush go up.
rum merchant is, of course, that he benefits nobody but himself, since he pays, presumably, no income tax and no revenue in any form to Government.

I would like to make one addi tional point on the tax proposals which have already been dealt with at great length by other speakers.

I will not try to repeat their points about discourage ment to industrial enterprise, but I would Jike to point out the danger of dis couragement to overseas investors.

I think it was the hon.


Member for George town North who mentioned that news of the "Axe The Tax Campaign" will have been carried well beyond these shores to interested people far and wide.

The danger is that, as we all know, nobody ever .knows all the facts about these things, and, inevitably, the impression goes abroad that the Government of British Guiana is acting unfairly to a fledgeling industrial enterprise that is backed by local capital.
This matter bas been made more complicated by the confusion that has arisen between excise duty and a tax on profits.

All of this adds up in my mind impression going to an unfortunate .

e:Ne·.,.

;;;.~ .. t t 1325 Tax (Amend- 13TH MARCH, 1959 ment) Bill 1326 [MR. TASKER] abroad at a time when we are so desper ately anxious to raise capital from any source for our development.

On that score as well, therefore, I believe that this tax is unwise at this time.
, Mr. Burnham: Last year, the tax on rum was increased from $7 .80 per proof gallon to $8.80.

When the pro posal for that increase came before this Council I pointed out then that I thought that to tax the poor man's drink every time Government desired to raise a sum of money was unfair and discriminatory.
Last year, when the Budget pro posals and the relevant tax proposals were considered, the Elected section of the Government on some occasions directly, and on other occasions oblique ly, suggested that they were not fully re sponsible for the Budget which was pre sented to them a mere two months or so after their accession to office.
I was prepared to give them the benefit of the doubt then despite the fact that 1 had my suspicions, but this year no such specious excuse can be offered in the hope of convincing anyone other than a kindergarten student.

~ Last year, when the hon.

the Finan cial Secretary proposed the tax on rum I criticized it; this year my criticism is even greater and is not directed against the hon.
the Financial Secretary, but the whole Government and against naturally against the Majority Party who controls the Government by way of votes at least.

I find it difficult to accept this shibboleth, copied from the period of the American revolution, to distin guish the attitude of the present Govern ment from that of previous Governments.

Says the hon.

Minister of Trade and In dustry: "No taxation without representa tion".
That is a philosophy, and that is what he urges as justification for doing today what he condemned in others.

I readily accept that there should be no taxation without representation, but an acceptance of that thesis is not tanta- history mount to accepting that once there is re presentation those whom you put in the Council to represent you may tax you to death.

It is easy to pick up these catch phrases and from pamphlets and seek to delude the un wary.

I wonder which Member around this Table the hon.


Minister of Trade and Industry really thinks he can im press by merely repeating what the American colonist said about no taxation without representation?

books If the hon.
books If the hon.

Minister wants to be original, then it means that because the Government at the moment is controlled by the Majority Party elected by the people-by the process of the reductio ad absurdum-tomorrow it can start tax ing water and say "Since you have re presentation we can tax anything even though our tax policy is unreasonable" .

Having dismissed the reference to the slogan of the American colonists may we consider the next point as to whether the hon.

Minister is right or the hon.


The the Financial Secretary is right.

hon.

Minister of Trade and Industry has always argued-you will find it in print -that rum is the poor man's drink.

But the hon.

the Financial Secretary now seeks to persuade this Council that rum Let us is not the poor man's drink.

follow his argument to its logical con clusion.

Of course I shall sit im mediately as he stands to correct me if I have at any time I misquote him.

a reputation for fairness to my political opponents.
the Financial The hon.

Secretary says that not only poor people drink rum; rich people drink rum also and, therefore, it is not right to say that rum is the poor man's drink.

What I would grant him in logic is that from the fact that rich people drink rum you may adduce this argument; that rum is not exclusively the poor man's drink-rum is the drink of poor men and rich men.
But then he jumps a big gap and says that since rum is not exclu sively the poor man's drink, it is not the It is a long time poor man's drink.

since I have studied logic, and I would 1:327 Tax (Amend- ihtt MARCH.

1959 ment) Bill B28 is des­ how that fallacy but I think it should in the books, Secretary not remember cribed be patent to all that what the hon.

Financial argue his way out a very poor and very bad situation.
he will Then, of course, summon to his aid the votes of his col­ and leagues afterwards on that side of the Council, will become law.

the illogical is seeking to do is to he prefers When a rich man drinks rum, he the taste.

rum, as against spirit, it is the taste, the drinks rum because When a poor man drinks whisky or any other imported not merely he prefers beoause but primarily because it is the spirit cost of which is within his means.
Therefore, his drink-rum by and large, rum for him i:; is the poor man's drink.

logic behind them if they made the tax on rum absolutely want, as in India, the law to consume spirits, tain circumstances.

prohibitive; or if they to make it a breach of save in cer­ Ilut it is not that; they merely Secretary, credited with which the Min­ wanted to get money, and with the same lack of imagination ister our last Financial they taxed rum.

At least the old Gov­ ernment used to wait a year, but this P.P.P.
Government year pass before I may not be original term "soak", in this matter by the hon.

Minister Trade and Industry.

would not let one soaking the poor man.

in the use of the as it was put into currency of The fact that those in better circum­ drink rum is not argument that is, that rum the self-evident, stances against is the poor man's drink.

But the hon.

of Trade and Industry did not Minister attempt to deny that rum is the poor man's drink.
He said so when I first met him in 1949, and today he says is only call­ nothing to the contrary-he ing to his aid what the American colon­ ists in Virginia of Revolution.

the American said at the outbreak time of Trade Well now, since for the second and myself for the day the hon.

Minister and Industry are ad idem, I in my objection am fortified on this logic which is being imposed Council by the hon.

the Financial Secre­ tary.


to that false 1 it is the sitting-duck That is the rationale Two issues are being mixed up; that people they drink a lot of rum so as to persoo.de on rum; it is not to re­ of rum.

Look figures.

Secretary's this extra they are not taxing people not to drink rum, but they are because taxing rum, and therefore for this taxation.

of this taxation duce the consumption at the Financial He is hoping that by putting 80 cents on rum he will get a few more dollars.
Or course, wrong with developing ing spirituous borne by those who have to pay it, but it must be understood on the index, are deliberately poor man to live.

for the there is nothing a country by tax­ if the tax can be that rum appears therefore cost-of-living liquor, making it more expensive you If rum is the poor man's drink, we said toil must If he must have his The hon.

Minister has repeatedly that a poor man after go a step further.
of Trade and Industry at public meetings a hard day's work or a week's have his stimulant.

stimulant-I know some people prefer gin and lime, but the poor man cannot afford it-it is no sense being super­ moral and telling rum and he must stop.

Rather, go thus far: if the Government British say it is stupi:l, Guiana to go dry, though I will at least they would have I would wanted him he drinks too much The hon.

Nominated Mr.
Nominated Mr.

Member, who has much more experience knowledge Tasker, and intimate than I have, has pointed creased the consumption show that, so the Government with its own petard.

tax on rum is likely of rum; figures to red'UC4 seem to is hoist of the subject out that the in­ You are making it more costly for the poor man to drink rum.

It is no sense working hours and trying lant, unless On the other hand, the anticipated venue will not be got.
If you raise on the waterfront for long stimu­ to do it without you are a yogi or something.

re­ 1329 Tax (Amend- 13TH MARCH, 195,9 htent) Bill 1330 [MR. BURNHAM] money you make it very difficult for the group whose cause you say you c1'>.am pion; if you do not raise money you have less than the $2 million you want.

Therefore I do not see on what ground the tax can be justified.

It cannot be suggested that rum is a laxury.


Watches and clocks have been deemed luxuries, perfumes and cosmetics -and, perhaps, potatoes too.

ls it to be argued now that rum is a Even if it was centuries ago, luxury?

it is not now.

And to quote the hon.

Minister of Trade and Industry, in "Thunder" of 8th January, 1955: " .... it is to be questioned whether more or less everyday articles of con sumption by the working class such as rum, cigarettes and beer can still be regarded as luxuries."
What is happening to my hon.

Friend?

Is something wrong with his physical or political sight?

Certainly in the peak of his youth he could not be suffering from such infirmities.

the garden path?
the garden path?

Why has the Majority Party per mitted the old established order to lead them up The Majority Party knows to its heart that it is wrong, and therefore in criticizing the Majority Party my criticism is mixed with a great deal of sympathy and con cern, over the fact that our young and intelligent minds, the cream, have allow ed themselves to become the pawns, the tools, the instruments of the colonial system.

interest And now, Mr. Speaker, what shall I say about beer?
May I first of all poip.t out that fortunately or unfortunately 1 have no vested in Bank Breweries Ltd.

I own no shares-not because I think that owning shares in Breweries is something wrong, but be cause I was too poor when the shares were being sold, and my poverty I con I have no vested interest fess readily.

nor am I legal adviser to the Brewery.


Let me further say this, that _at present advised I feel that this Council is legally competent, in spite of whatever legal undertaking was given by the previous Financial Secretary, to impose an in creased excise duty on Banks beer; l concede that as a lawyer.

I understand there is advice to the contrary, but I am entitled to my own opinion, and my 0pinion is that this Council can legally in crease the tax on Banks.
May I also say this, that so far as I am concerned, it is not for me to enter into that controversy between the two giants, the Managing-Director of Bank Breweries Ltd. and the hon.

Minister of Trade and Industry, except to note a significant point, that the latter gentle man in one of his many excursions into the daily Press sought to establish by referring to the balance sheet and calcula tions that Bank Breweries Ltd. could absorb the increased duty.
It was in "The Daily Chronicle" and he used figures-figures are not my particular in terest or field, but the hon.

Minister of Trade and Industry made his conclusion That is significant, from his figures.

and it shows exactly what the Minister had in mind.

If it were not so he would have got up and denied it.

Dr. Jagan: If the hon.

Member has the article I would like him to pro duce it.
The point about the article was that it was a consumer tax, and the argu ment was that if a consumer t-ax would cause a reduction in sales Bank Brew eries, to protect its own interests, could afford to absorb the tax.

Mr, Burnham: I am grateful for the elucidation.

l shall deal with the two points separately.

I shall start with the first "if".

It is a consumer tax, they say.

Very well, are we going to be told that Banks beer is the rich man's drink?
Government is deliberately setting out to increase the cost of beer to the poor man, and Banks beer is definitely the poor man's drink.

The fact that the rich man also drinks Banks beer is perhaps because he is patriotic, or he prefers the taste, but he can afford to pay for Hein~ken or any one of the imported beers .

. "
. "

t ~ ~ t- f i r ' I' .. , ~ 1: 1331 Tax (Amend- HTH MARCH, 1959 ment) Bill 1332 This Government, which is supposed to be the protector of the poor man and the guardian of the proletarian rights, tells the people "We will make you pay more for rum, beer, potatoes and everything else, and we are going to ask you to make certain savings.
We are remind ing you that some years ago it was pro posed to cut down civil servants' salaries, but we are not telling you what we are If you doing with Ministers' salaries.

talk too much we will tell you that those who work should not be above paying increased taxation, so that those who do not work may get something."

All non Those who work have the re sense.

sponsibility in many cases of assisting relatives who do not work.
It is not a question of whether or not a working man is prepared to make a contribution, but a question of whether he can afford to make a contribution.

I do not know.

The good Minister of Trade and In dustry says that if the Directors of Bank Breweries believe that the people cannot affprd to buy Banlcs beer at the in creased price, and if the Directors' con tention is right that it will mean a drop in sales, they should be public-spirited and say that Bank Breweries will absorb the increased tax.
That is the stage at which the Minister enters into his com plicated mathematical calculations.

Maybe he is right that Mr. D'Aguiar and his fellow shareholders can afford to absorb the tax.

I do not set myself up as a statistician or an economist, but it is significant that the suggestion that the tax be absorbed is a sort of climax or crescendo to the letter written by the Minister when all the time he was saying "Banks has made profit; Banks oan pay the increased tax."
All the palaver about its being a consumer tax was never really meant.

so that public the whole tenor the Minister of Trade statement by and Industry has been that Banks can not that the people can pay.

pay - Let us assume that Bank Breweries can pay; let us assume the worst against the Directors of the Company-that they are unpatriotic and are not prepared to far as of to say the I go absorb the tax, and that they want to line their pockets with all the profits they If these can put their ten fingers on.
assumptions are correct we may say that morally they are a reprehensible lot, but, unfortunately, we are not in Sunday school; we are not in Church, nor are w~ in an institution where lectures and diatribes are delivered on morals.

then tax.
Government The fact is that the impression that is conveyed is that this Government is prepared to be dishonest and to forget its under~aking with respect to tax holi days by merely taking advantage of a legal technicality-that since the exemp tion was only with respect to income tax and the duty on things imported, and since Excise tax notionally is a tax on the consumer, it will introduce an increased excise says: "Let us use our democratic powers at the street corners and tell the people that if Bank Breweries charge you more they They can afford are a set of rascals.
to pay the tax.

Don't let them soak you as we are attempting to soak you."

The Directors of Bank Breweries may decide to absorb the tax, but what is the impression that gets abroad.

We find that in far-off England it is being said, rightly or wrongly, that the British Gui ana Government of today is not honour ing its promises with respect to tax holi to would-be investors, and the days Majority Party knows quite well that such impressions are not easily removed.
I am not interested at this moment in whether or not the conclusion drawn out side of British Guiana that this Govern ment does not honour its undertakings is right or wrong.

I am looking at the matter objectively.

What is the impression abroad?


The impression abroad is that the British Guiana Government does not honour- its undertakings to investors, and will use every trick of the game, every legal tech nicality to get around its original under taking not to tax a new industry within a five-year period.

Nor am I any more interested in what the Financial Secretary was telling us about the difference be tween a five-year and a seven-year period.
Those technicalities are not for me, .a j 1 , ~ ~ • , 1 ..... .., :.;;u.

-14.,J, Qi I, l l~ -.

?P• .. ~ 1333 Tax (Amend- 13TH MARCH , 1959 ment) Bill 1334 ,, [MR,·'BURNHAM] layman, looking at this matter objectively.

If that impression gets abroad it is all the· more ruinous in its effect because it has arisen from an incident in which a locally owned industry was concerned.

That is material.
That is material.

The impression gets abroad that this Government does not evim honour its promises to its own people-a group of people who, with imagination a,nd energy, were able to establish the first public -compaay in British Guiana and to make a success of If the British Guiana that company.

Government will not h0nour its promises to its own people, how will it honour its proniis.es to outsiders?
There is no doubt that the Government itself is alive to the fact that this impression has gone abroad, for why would the Leader of the Majority Party go out of his way when the Canadi-an Trade Delegation was here, to say "We give you our solemn word of honour that we will honour all under I say it was necessary for takings"?

him to do that because of the impression that had gone abroad as a result of the treatment to Banks beer.
If that I am not interested in the figures, I am interested _in the objective impres imJDression is current sion.

abroad, do you think you can easily attract would-be investors when you go around shouting about the evils of capi talism and free enterprise?

This Gov ernment has already admitted that the unemployment situation is so grave that anything is likely to happen.

That was said in the United Kingdom by a respon sible Member of this Government.
This Government says that it needs new industries; it has admitted that it is necessary to get investments not only local but foreign to assist in the setting up of these industries, and yet it is acting in this manner.

Government is going to achieve the op!

'>osite of what it says is good for the country by being nig gardly.

I refer to the hon.

Minister of Labour, Haalth and Housing-that the Majority Party does not propose to take off this tax.
In spite of our differences I am going to appeal to the Majority Party, not for their own political benefit-it does not matter to me whether the P.P.P.

go down like the Assyrians in the Red Sea or not-but in the interest of British Guiana to reconsider the matter and withdraw the increase in the excise tax on beer.

The Minister of Communications (Mr. Ram Karran ) : You mean the Egyptians.

Mr. Burnham: I am most grate,.. ful to the hon.


Minister of Communica tions and Works whose biblical studies seem to be much deeper than mine.

I I do not care if the will c0rrect myself.

P.P.P.

like the Egyptians of old, were to It is a fact be drowned in the Red Sea.

that 88,823 persons have signed a peti tion praying that there be no increase in the excise tax on beer.
There is no sense in telling me that the Managing Director is one of the most skilful organizers of propaganda in British Gui In that case I would recommend ana.

him to be the next Minister of Pro paganda in British Guiana.

The fact remains that several people have signed the petition asking that the excise duty be not increased.

at the time ago - The Majority Party is now faced with its own game.
When Sir John Waddington's Commission came down here some time we were all together-we toured the country because we wanted to get the signatures of the people, and -we said that the voice of the people was the voice of God.

How long has the voice of the people become the voice of the devil?

Now the P.P.P.

or the Majority Party is in a position to show that it respects the voice of the people, it is doi ng other wise.
I know that a responsible Minister of this Government has already said- In 1951 the Majority Party felt that it was unreasonable for the Waddington Commission to refuse to accept in toto I t • l ~ 1335 Tax ( Amend - 13TH MARCH, 1959 ment) Bill 1336 what thousands of p~ople had signed their names to.

We said at the time, "These signatures represent what th~ Incidentally the signa people want."
tures on this petition are more numer ous than the signatures the Majority .Party got in 19 51-- Mr. Speaker: This is the Second Reading of the Bill, and we want to go into Committee stage.

Mr. Speaker: Your point of cor rection is not well made.

You will have an opportunity on this matter later.

The minutes of the Committee show the Members who voted for and against the Petition, and hon.

Members of this Coun cil are well aware of what took place.
The recommendations of the Committee are now before this Council, and the Report has been signed by the Chairman and Members of the Committee.

Mr. Burnham: Not this evening, Mr. Speaker.

I repeat that the number of signatures attached to this petition is greater than the number of signatures at tached to the P.P.P.

petition with re spect to the constitution, and it is only logical that the Majority Party which has always told us that the people are right should now accept the prayer of the petitioners.
Is the hon.

Minister of Trade and Industry going to continue In 1955 making himself inconsistent?

he said that taxing rum is taxing the poor man's drink and it was wrong.

In 1959 you do tne same thing and you wane people to accept it because Dr. Jagan says so!

Mr. Speaker: You should not say so.

)I apologize.

Mr. Burnham: I am saying that the Majority Party is now faced with its own medicine, but I am I am not giving a qualitative judgment.

merely directing its attention to facts.


This petition was sent to the Public Petitions Committee, and the Committee recommended to this Council that the prayer in the petition be granted.

The recommendation of the Committee is not based on whether or not the brewery can carry the tax.

Mr. Rai: On a point of cor I should like to draw attention rection.
to the fact that the Committee which is known ,as the Public Petitions Commit tee did not arrive at a unanimous deci sion that this Council should accept the prayer in th:e Petition.

Mr. Rai: .I am merely saying that 'the decision was not unanimous.

I see Mr. Burnham: the hon.

Member for Central Demerara's diffi culty.

He believes that the Committee cannot submit a Report or make a deci It was a sion unless it is unanimous.
majority decision of the Committee, and I am surprised that ,a democrat like my hon.

and learned Frii.

;nd does riot know that.

Mr. Rai rose-- Mr. Burnham : I am not yielding unless it is on a point of order.

The decisions in this Council are majority decisions in most cases, but nobody can say that they are not proper decis~ons.

Perhaps the increase tax on beer may also be by way of a majority decision.

· I know that the hon.


Member arrived late, but he will have an opportunity to speak on this matter and give his point of view.

What I am saying, and there is no fear of contradiction, is that the Public Peti tions Committee recommended that the prayer in the Petition be granted.

It is not for me to tell all of these literate Members in this Council that if they look at the minutes of the Committee they will see that three Members voted for and two against the decision.

I should like to remind tha hon.


Miimb1a:r that the Committee was ap I feel that pointed from this Council.

Government should note the reason given by the Committee for its recommenda tion that the prayer in the Petition be granted.

The Committee did not enter into any controversy about the pr@fits on ..... 1337 Tax (Arriend 13TH MARCH, 1959 ment) Bill 1338 J .
[MR. BURNHAM] Banks· beer, the nunii,er of employees, the cost to the workei's, the cost to the transferring of consw;ner, about capital from British Guiana to Barqados and so on.

The Committee considered the matter' objectively and carefully be fore making the recommendation·s now before this Council.

the Mr. Rai: That is not so.

Mr, Butnham: Some Members do not seem to understand that they must stand up and speak in this Council.
After having considered the matter care fully the Committee recommended that the prayer in the Petition be granted.

The Committee felt that if there was this immediate tax-- Mr. Rai rose-- l imposed Mr. Burnham: If my hon.

and learned Friend cannot read and under stand his own Bill, I will send him an "ABC" chart.

The Committee felt that if these increases were im mediately the results would be inimical to I re future investments in the country.
commend the adoption of the Com mittee's Report because it is a Report which shows that the people reporting did not jump to easy or quick conclusions; they did not enter into any controversial matters, but attempted to look at the matter objectively.

One final point I would plead.

I would ask Government not to be in a hurry to increase the tax on Banks beer.

Let us say that their net profits this year was $1 million instead of $700,000.
Their profits next year m ay not be in the same proportion, but you will collect a lot of revenue by way of income tax In any case, do you think eventually.

it is fair to tax them the very first year when you do not know exactly what is going to happen next year?

The hon.

the Financial Secretary himself admitc; that if they had made a loss it would have been a good argument for the reduction of the excise tax.

And this is the strangeness of the Government's attitude.
With tongue in cheek they say it is an excise tax; but with tongue in cheek they say, "If you had made a loss, we would have reduced the excise duty".

It shows they are both thinking of an easy means of getting some money off Banks because the indus try prospered in the first year.

The Majority is on that side, and as the "Columbus" for Central Demer-ara re marks, the votes are on that side.
But history has a habit of establishing that intelligence and preponderance of Mem bers do not frequently coincide.

Mr .

.Tai Narine Singh: Rum in British Guiana has become a very serious menace to the community and its well being.

Every day a large number of persons appear in the courts of British Guiana on charges of disorderly behavi our, and it is mostly due to rum-drinking.

It has become something of a dope, like opium in China, and a curse on the cul I hope to see the ture of the Colony.
day when British Guiana would not get 10 per cent.

of its revenue from peddling "dope".

Rum has been responsible for wounding and murders.

Every time a wounding takes place, rum is at the back of it; every ume a murder takes place, the people involved had been drinking rum somewhere.

Not so long ago the granting of licences to carry on spirit shops was a restricted thing throughout the length and breadth of the Colony.

Today every village has two or three or four rum shops.
Every town has dozens, and rum is therefore peddled every So I cannot say that rum is a where.

good thing and should not be taxed.

You cannot say it is the poor man's drink.

It is the poor man's poison and ruin, since he can get a bottle at almost every street corner.

Now I come to the question of beer.

Let me say at the outset that I am against the tax which the Govern ment has sought to impose on beer, be cause I think Government has committed a breach of faith in this connection.
,., 1339 Tax ( Amend- 13TH MARCH, 1959 ment) Bill 1340 Mr. Bean: Nonsense!

Mr. Jai Narine Singh: Nonsense or not, let the Minister of Education understand that when his colleagues's word is given it becomes the sacrea word of the Government.

From the various documents I have perused, I am accusing the Government of a breach of faith with Bank Breweries, and I am saying so with It is wrong that a out reservation.

Government, having given its word, should take it back.
I have done more than reading documents, I have gone to the previous Financial Secretary and dis cussed the matter with him, as he had to enter into correspondence in the mat ter in the early days.

Has Government It taken the trouble to consult him?

is the sacred duty of the Legislative Council to honour the undertaking with the Brewery that it would enjoy certain safeguards.
I am not concerned in the least whether Bank Breweries Ltd. prospers under tax concessions or continues in operation, but I am concerned with the principles behind the issue, and I feel that Government has committed a breach of principle which has been observed from time immemorial.
I remember in Finance Committee when the question of Radio Demerara came up and I spoke of the continued subsidy of $30,000 to that Company which was, I understood, paying divi dends of 24 % and 25 % to its share holders, Government said it was a previ ous commitment that was being hon oured, an undertaking by the Legislative Council, and so the money was voted.

Why then, does this Government not stand by the decision of a previous Gov ernment in the matter of Banks beer?
If a Motion was moved on the floor in which of this Legislative Council Government's intention to tax the beer was set out, and that motion was passed, then the Government would have been justified in committing this breach; that is, if the tax were equitable or right.

The point is, it should come from the Legisla- tive.

Council, but Government has of its own volition sprung upon this Brewery, which can be likened to a growing child, The and seeks to stifle its growth.
Government is distinct from the Legisla For this tax to be col tive Council.

lectable it should have come from the the Legislative Council Legislative Council did not su~est it.

Government sprang upon Bank Brewer ies, as a child in its growing stage, and cramped its further growth.
itself, but But the Managing-Director of Bank Breweries, Ltd. has tried to damage the good name and reputation of British Guiana by saying that our Government has committed a breach of faith, and he has carried his propaganda outside of the country.

For that I cannot forgive him.

As a Guianese it was his duty to fight the issue here and stand by the re sult, but inst~ad of that he says he · is going to invest money in Barbados.

Mr. Ram Karran: To a point of I think it is most unfair for order!

the hon.
the hon.

Member to stand here and attack a person outside.

Mr. Jai Narine Singh: What is the point of order?

Mr. Speaker: He is addres$ing the Chair.

He rose to a point of order but he is not proceeding any further.

Mr. Jai Narine Singh: I wish to make it very clear that the Government erred very grossly in its breach of faith with Bank Breweries, but at the same time I will not condone any attempt by Bank Breweries or anyone to besmirch the good name of this country outside.
This is the forum in which such issues must be fought, and that is where I feel that Bank Breweries has committed a breach of faith with the people of British Guiana who have subscribed to its shares.

Be cause the Government has committed, as is claimed, a breach of faith we hear an echo that the Company proposes to establish a brewery in Barbados.

____.,.___ - 1341 Tax (Amend- 13TH MARCH, 1959 ment) Bill 1342 Mr .. Speaker: Now that you have said that, please go back to the principle of the Bill.
Mr. Jai Narine Singh: ing on the principle.

I am speak Mr. Speaker: you from speaking.

I am not stopping I feel that efforts have been made to hurt British Guiana.

Today when the P.P.P.

is in power and running the Gov the management of Bank ernment Breweries seeks to besmirch the good name of British Guiana.

We must pro tect the good name of British Guiana if we love our country.

I , Mr. Jai Narine Singh: I must say that you have been treating me most un justly here.
Mr. Speaker: I think you must apologize for saying that.

1 have not treated you unjustly; I have not stopped you from speaking.

A Member rose to a point of order and I said I must wait to hear the point of order.

The point of order was not made and I asked you to resume.

You resumed your speech and you spoke about people besmirching I the good name of British Guiana.

did not stop you but 1 said that you had made your point, let us continue on the I am most principle of the Bill.
l give every indulgent in this Council.

Member an opportunity to speak, and J do not think Members can say that I If a Member is ofT unduly stop anyone.

the mark I give a gentle hint, and I oft-times he does not proceed further.

do not think you should say that I treated you unfairly, because it is not so.

j have never done that in this Council, and I think Members will agree that I have been most indulgent even when they are off the mark.

Mr. Jai Narine Singh: May I put it this way?


Mr. Speaker: I think you ought to withdraw that statement.

Mr. Jai Narine Singh: I beg to withdraw the statement.

Let me put it In this Council it is our this way : duty when our Government commits an error, to say so in unmistakable terms, and when members of the community adopt an attitude which would hurt our country this is the forum in which we should make our disapproval very clear.
The question of taxation is always a matter for Government In some countries the Government does as it likes and sometimes runs the country to ruin.

In 1956 British troops invaded Egypt and caused great consternation in the country, bringing ruin to millions and death to thousands of people, but the Government did not fall.
That, how ever, did not cause members of the Brit ish public to besmirch the good name of Great Britain, because whatever differ ences of opinion there may be the people that remain Government should reconsider the im position of the tax on beer from the point of view that it would be committing a breach of faith with the Company.

loyal Britons.

feel I Dr. Jagan: Hon.

Members have taken an opportunity to repeat what was said on previous occasions.
In fact there has been so much repetition that I am considering the question of recom mending that a recording machine be installed in this Council, so that in future we could save the time and energy of hon.

Members who want to repeat what they have said before.

As a result of this repetition and unwarranted attacks on the Government, it will be necessary for me to go over certain points again.
Members of the Government are constantly asked in this Council, what is Government doing for the unemployed people in British Guiana?

Quite re cently Government agreed to increase the price of copra by $20 per ton in order to stimulate coconut production.

Every year Government has to face a deficit as a result of the importation of oil from overseas, and the taxpayers have to pay thousands .of dollars to assist in keeping the cost of living down to a certain level.

Nevertheless, hon.

Mem- I • 1 l t ~ f!


1343 Tax ( Amend- 13TH MARCH, 1959 ment) Bill 1344 bers on the other side of the Table are still saying that Government is not con cerned about the people and the cost of living.

In order to keep the cost of living down, Government decided to subsidize coconuts which would have been in creased by 2 cents per pound as a result of the $20 per ton increase in copra.

This will cost Government approximately $11 1,000.


It is a pity we do not have a school where Members could receive lectures in this country.

Some Mem bers who are leaders of Parties think that the first prerequisite in politics is for one to have a loud voice, that one need not have any knowledge of economics and flamboyant The days of finance.

The namts of politics are over.

Bustamante and Butler are no longer- Mr. Speaker: You need not refer to politicians in the other Islands.
.. Dr. Jagan: We have to deal with I think I shall have economic realities.

to recommend to the I.C.A.- Mr. Jai Narine Singh: On a point of order.

Is this relevant to the issue before this Council?

Is this not partiality on the part of the Speaker of this House?

Mr. Speaker: If the hon.

Member repeats that remark I will have to use strong measures.

He asks whether the hon.

Member is speaking on the matter before this Council.
He does not wait to get a reply, but makes remarks re garding the impartiality of the Speaker.

I would suggest to the hon.

Member, in his own interest and in the interest of this Council, that he becalms himself ·and when he raises a question he should wait for the ruling from the Chair.

I have a lot of patience, but if Members want to rule, criticize, raise questions and be judges in their own cases, then they can act as Speaker.

If hon.
If hon.

Members are not prepared to be patient and they want to rule, then the Chair will have to take, very reluc tantly, strong measures to keep them in .......... -- _..._ order.

The hon.

Member used a remark which, I am sure, tomorrqw he will be sorry for using.

I do not think he will have the support of any Member in this Council so far as his remark is con cerned.

I understand that Dr. J.agan was saying that if Government could not get money to borrow it would be necessary to tax the people.
I assumed that he was proceeding to say that if Govern ment had to find money to do certain things then it would be necessary to im pose additional taxation on the items If that is so, then there is selected.

some relevancy in the matter.

People must wait and hear what is being said be fore arriving at hasty conclusions.

It is necessary to listen to what a Member has to say before I can say whether it is relevant or not.

I shall ask hon.
I shall ask hon.

Members not to be so impatient, and that the conduct of this Council be kept on a high level.

Members must not speak across the Table, or get in the habit of interrupting each other from time to time.

Perhaps an occasional remark will do no harm, but when it develops into a running commentary from one side to the other it does a great deal of harm.

I am sure the hon.

Member for Georgetown South will agree with me that he spoke too hastily.
Mr. Saffee: I should like to draw Your Honour's attention to the fact that I am being constantly disturbed by per sons sitting behind me, and I cannot hear what you are saying.

Mr. Speaker: In that case I will ask the Marshal to remove the person who is creating the disturbance in this Council.

Members of this Council must not be disturbed.

Only the other day the hon.

Member for Georgetown South made a complaint, and I gave a word of warning to the people in the gallery.
Dr. Jagan: I am glad that you rightly anticipated the line of argument I was following.

I mentioned one item, 1345 Tax ( Ainend- 13TH MARCH, 1959 ment) Bill 1346 [DR. }AGAN] coconut oil, which is being subsidized by Government.

There are also other items in the Development Budget which have been agreed to in this Council.

Govern ment proposes to build 114 schools; the vote for the expansion of Pure Water I Supply has been increased from $25,000 I• to $700,000 and so on.
There is no I magic formula by which money can be found.

Some people try to get money by resorting to printing presses, but that system does not always bear fmit.

· f t t t • I should like, for the benefit of hon.

Members, just to make two relevant quotations which I think are pertinent to our present position.

I will quote from a book called "Economic Theory and Under-Developed Regions" which was written by a very famous Swedish Econo mist of world recognition.
In Chapter 7 of his book Dr. Myrdal states : "There is no other road to economic development than a compulsory rise in the share of the national income which is withheld from consumption and devoted to investment.

This implies a policy of the utmost austerity, quite independently of whether increased savings are engendered by high levels of profits to be ploughed back in industrial expansion or by increased taxation ."

the same book.

Members should take a little more time for reading.
Mr. Speaker: We will stop at that quotation.

Dr. Jagau: Yes, Sir, But I would iust like to say that Dr. Myrdal al'so made this point, that when a poor and back ward nation starts on its own, it would soon find out that political independence most certainly does not mean that it ib automatically on the road .to economic development.

It would be up against stag nation or regression, and so long as general development is low, forces will be working all the time against it, intern ally and outside.
ADJOURNMENT AND FUTURE SITTJNGS The Chief Secretary: I beg to move that this Council do now .

adjourn until next week Tuesday, 17th March, at two o'clock.

It is our intention to sit on Tuesday, Thursday and Friday from 2 p.m. to 7 p.m. and on Wednesday from 2 p.rn.

to 5 p.m.

I am sorry it is neces sary to continue sitting long hours, but the way the debate is going leaves us to do nothing else.

Mr. Speaker: cil adjourned until then.

I declare the Coun j ., .. That is one quotation, Sir.
Thef\ are others I would like to make from the, Council adjourned at 7 p.m. J' - -------