160 THE EXECUTIVE GOVERNMENT [part 11
to the powers of the Governor-General to act in connexion
with his Council. The instructions to Lord Dufferin contem-
plated that he should summon the Council, and empowered
him as follows :—
If in any case you see sufficient cause to dissent from the
opinion of the major part or of the whole of our said Privy
Council so present it shall be competent for you to execute
the powers and authorities vested in you by our said com-
mission and by these our instructions in opposition to such
their opinion, it being nevertheless our pleasure that in every
case it shall be competent to any member of our said Privy
Council to record at length on the minutes of our said Council
the grounds and reasons of any advice or opinion he may
give upon any question brought under the consideration of
sur Council.
The next clause but one required the keeping of exact
minutes of the Council, and the confirmation of the minutes.
In the new draft Clause V provided for the Governor-General
presiding at Council meetings; Clause VI for the keeping
of minutes; Clause VII for consultation except in urgent or
trivial cases, and in urgent cases for subsequent communica-
tion of his action; Clause VIII, the power to act in the exercise
of the power committed to him by the said commission, in
opposition to the advice which might in any such case be
given to him by the members of the said Executive Council,
but requiring in such cases a report of his action with the
grounds and the reason thereof.
On these clauses the minister commented as follows :—
Clause 5. This Clause corresponds with the existing
clause 6; but it contains a new provision, directing and
enjoining the Governor to attend and preside at the meetings
of the Council, unless when prevented by some necessary
or reasonable cause.
The practice for a very great number of years has been that
the business of Council is done in the absence of the Governor.
On very exceptional occasions the Governor may preside,
but these would occur only at intervals of years and would
probably be for the purpose of taking a formal decision
on some extraordinary occasion, and not for deliberation.
The mode in which the business is done is by a report
to the Governor of the recommendations of the Council
sitting as a Committee, sent to the Governor for his con-