search pnForum latest posts Note: Registered users can subscribe to notifications about new posts Note: Registered users can subscribe to notifications about new posts

to previous topic Print topic to next topic

Start ::  Cornwall24 Discussion ::  Cornwall24 Discussion Board ::  Local Government Act 1888
Moderated by: Admins

Goto page : 1 | 2 Next Page
Bottom 

Local Government Act 1888

P_Trembath Posted: 01.05.2008, 22:47

P_Trembath

registered: Oct. 2006
Posts: 1065

Status: offline
last visit: 21.11.08
I have read somewhere, I can't remember where it might even have been here, that the Local Government Act 1888, setting up County Councils, did not make provision for Cornwall, and Cornwall was added the fol owing year.

1/ Have I misunderstood what I read?

2/ If not, what was the reason for the delay?

I have tried to find out on the Internet, but the only thing I found was that the Isles of Scilly were made a unitary authority (?) in 1889.



Kernow Kensa!


Our day will come!


"Everyone has their own particular part to play. No part is too great or too small, no one is too old or too young to do something."
Top  Profile send PM
 
moonshine Posted: 01.05.2008, 23:06

moonshine

registered: Jun. 2007
Posts: 1171

Status: offline
last visit: 23.10.08
I think that is true.
Top  Profile send PM
 
morvran Posted: 01.05.2008, 23:47

morvran

registered: Mar. 2007
Posts: 1294

Status: offline
last visit: 17.11.08
I'm sure I saw a copy of an act (years ago) setting up Cornwall 'County' Council. What stuck in my mind was the second or third provision which stated that the CCC would have no authority whatsoever over the Dutchy. Is this correct?


Seventy Percent of "competent & frequent" Cornish users prefer to write KK! (MAGA/CLP Survey)
Top  Profile send PM
 
marhak Posted: 01.05.2008, 23:58

marhak

registered: Jun. 2006
Posts: 3904

Status: online
I have a sneaking suspicion that Cornwall wasn't added until a year later because London needed to assess the effect of the mass emigration from Cornwall, after the collapse of mining. In other words - who was left to offer up any real opposition to their nefarious intentions? When they realised that Cornish people still in residence were too few and too poor to offer any meaningful resistance, England took full advantage, illegally relegating us to a mere "county".

Lord Kilbrandon latched onto this in 1973 when, in his report into local government reorganisation, he featured the questionable legality of the imposed "county" status and recommended that Cornwall be referred to as a Duchy and not a county (BBC, District and "County" Councils, please note, and note well).



edited by: marhak, May 01, 2008 - 11:00 PM
Top  Profile send PM
 
P_Trembath Posted: 02.05.2008, 00:46

P_Trembath

registered: Oct. 2006
Posts: 1065

Status: offline
last visit: 21.11.08
marhakI have a sneaking suspicion that Cornwall wasn't added until a year later...........


So it is true then.

Was it just Cornwall, and the IoS, or were there any other Councils that were "late"?

Where would one look to find any information on this?

marhak..............because London needed to assess the effect of the mass emigration from Cornwall, after the collapse of mining. In other words - who was left to offer up any real opposition to their nefarious intentions? When they realised that Cornish people still in residence were too few and too poor to offer any meaningful resistance, England took full advantage, illegally relegating us to a mere "county".


Was there any input from the Duke?

What confuses me, is that although I can see reasons for the Duke to want to "play" his position down regarding Cornwall now, I see no reason for him wanting, or needing, to then. His position as a de facto "king", ruling Cornwall, would not have been thought out of the ordinary at that time, surly? In fact, I would have thought that it would have been in his interests, at the time, to have maintained the full public face of his position.



Kernow Kensa!


Our day will come!


"Everyone has their own particular part to play. No part is too great or too small, no one is too old or too young to do something."
Top  Profile send PM
 
Kerrow Posted: 02.05.2008, 05:14



registered: Jun. 2006
Posts: 283

Status: offline
last visit: 21.11.08
This is on the thisiscornwall Wikikernow site:

"Cornwall has never officially been made a county, the official title is Duchy and should be refered to as such as stated in the Kilbrandon report of 1973. In 1888, an agreement was formed between the then government and the Duke of Cornwall that Cornwall would run in a ‘county style’ way but was never formally granted county status. The official status of Cornwall within the United Kingdom, is that of Duchy."

I would love to know if 'county style' was an actual quote.
Top  Profile send PM
 
Hunlef Posted: 02.05.2008, 08:11

Hunlef

registered: Jul. 2006
Posts: 1965

Status: offline
last visit: 21.11.08
Although the Duchy would most certainly have been involved in the process in 1888/9, it was not the reason why Cornwall alone became subject to the Act, one year after everyone else.

The reason was much simpler. Just like today, the then leaders of the political make-up of the proposed county council could not decide on who was best placed for leadership. There followed an almighty squabble that was not resolved until at least twelve months after the English counties had sorted themselves out.

The delay was for no other reason than this.
Top  Profile send PM
 
P_Trembath Posted: 02.05.2008, 10:32

P_Trembath

registered: Oct. 2006
Posts: 1065

Status: offline
last visit: 21.11.08
HunlefThe reason was much simpler. Just like today, the then leaders of the political make-up of the proposed county council could not decide on who was best placed for leadership. There followed an almighty squabble that was not resolved until at least twelve months after the English counties had sorted themselves out.

The delay was for no other reason than this.


Where could I find out more about this?

Would this be mentioned in the local press of the day?

So far, 3 answers, with 3 different reasons. icon_confused



Kernow Kensa!


Our day will come!


"Everyone has their own particular part to play. No part is too great or too small, no one is too old or too young to do something."
Top  Profile send PM
 
TGG Posted: 02.05.2008, 11:39

TGG

registered: Aug. 2005
Posts: 1107

Status: offline
last visit: 26.10.08
I have never come across anything definitive about the 'year later' conundrum other than someone making the point that it was nothing to do with the Duchy connection. For anyone wishing to do the mysteriously un-done legwork, I would suggest that it means
  • reading through old press reports,
  • a FOI request to Cornwall Council for 'The Reason Why?',
  • a FOI request to the Department of Constitutional Affairs and
  • a FOI (although it will deny any such obligation) request to the Duchy of Cornwall for means by which something vested in the Duchy (i.e. the civil government of Cornwall) had been alienated from the Duchy and transferred to the Crown.
What Cornwall needs is a Kernocentric academic institution that might feel some obligation to research into such Curious Cornish Conundrums. icon_rolleyes

I have carried out the 2nd and 4th items and the response is on the TGG website. That, however, was long before the Freedom of Information Act but might well be worth checking out for the appropriate wording of the request, in the light of the new times that we live in.

TGG For The (Real)Reason Why!

STOP THE CORNISH GENOCIDE!- The existence of divergent views occur because the lies and deception have a more profoundly negative, and contrived, consequence for the Cornish people than for anyone else within the UK.
Top  Profile send PM Homepage
 
TeamKernow Posted: 02.05.2008, 20:19

TeamKernow

registered: Nov. 2005
Posts: 2274

Status: offline
last visit: 19.11.08
Does the
http://andymanchesta.com/ICONS/1%20(67).gif Proposed Toytown non-Unitary Authorityhttp://andymanchesta.com/ICONS/1%20(67).gif
therefore offer the best current opportunity for the
constitutional status of Cornwall to be challenged,asserted,
and brought to the fore in the public eye through
a legal challenge by, say, the C.S.P. +/- MK ?




edited by: TeamKernow, May 04, 2008 - 08:40 PM
Top  Profile send PM Homepage
 
morvran Posted: 02.05.2008, 22:26

morvran

registered: Mar. 2007
Posts: 1294

Status: offline
last visit: 17.11.08
It looks then as though the deal that was stitched up was that London could treat Cornwall as a de facto English county for day-to-day administrative purposes, but the real constitutional position was not changed, in particular the Dutchy's powers could not be challanged by the 'county' administration.

This probably means that the 'county' exists at the dutchy's pleasure, since otherwise they'd have to do all the boring local government administration. Effectively the dutchy is a sort of absentee landlord who's delegated everyday management to London/the CCC.

Can anyone find the act I was looking at. It might well be on line these days?

Top  Profile send PM
 
TGG Posted: 04.05.2008, 21:39

TGG

registered: Aug. 2005
Posts: 1107

Status: offline
last visit: 26.10.08
Morvran, I have a copy of the Act of 1888 somewhere but cannot find it at the moment. However, in most of the Parliamentary Acts that impinge upon Cornwall there is usually a 'saving' clause to protect the Duchy. The Sheriff's Act 1887, for example, contains the following :-
Quote"Saving for the Duchy of Cornwall -
37. Nothing in this Act shgall be prejudicial to the rights of the Crown in right of the Duchy of Cornwall, or to the Duke of Cornwall when there is a Duke of Cornwall."
Also worth remembering that the civil administration/government of Cornwall is vested in the Duchy - not the Crown.

TGG For The (Real)Reason Why!



edited by: TGG, May 04, 2008 - 09:41 PM

STOP THE CORNISH GENOCIDE!- The existence of divergent views occur because the lies and deception have a more profoundly negative, and contrived, consequence for the Cornish people than for anyone else within the UK.
Top  Profile send PM Homepage
 
Kerrow Posted: 04.05.2008, 22:16



registered: Jun. 2006
Posts: 283

Status: offline
last visit: 21.11.08

Is this it?

http://www.bailii.org/cgi-bin/markup.cgi?doc=
/uk/legis/num_act/1888/1060632.html&query=
local+and+government+and+act+and+1888&method=
boolean

It's an Act that has undergone an awful lot of changes.

(the) British and Irish Legal Information Institute - www.bailii.org - is a very useful source of legal information
Top  Profile send PM
 
morvran Posted: 04.05.2008, 23:17

morvran

registered: Mar. 2007
Posts: 1294

Status: offline
last visit: 17.11.08
Thank you TGG, that looks like what I remember seeing. I was beginning to wonder if I'd imagined it. I am however very confused by all of this, as I'm sure is nearly everyone else. Normally government bureaucrats, legal officers etc. are very insistent that everything is "done by the book". How then can we have such an apparent mismatch between the _de jury_ and _de facto_ position of Cornwall? Under what authority for example do all the various crown bodies operate, from the CPS to English Heritage. Do they have some sort of special warrent from the Duchy? What is the position of Cornish MPs? Basically I can't see the point of all this 'deception'. The UK can tolerate the presence of separate crown dependencies like the IoM and the Channel Isles, so why go to all this trouble to cover up Cornwall's apparent consitutional position? Or has it all come out of the fevered imagination of a few people who don't get out enough? icon_smile

Top  Profile send PM
 
TGG Posted: 05.05.2008, 11:11

TGG

registered: Aug. 2005
Posts: 1107

Status: offline
last visit: 26.10.08
Kerrow, thanks for the link. It did not work because it had been broken at each line break. This is the completed link. It is not the original that I remember but is useful for bringing it up to date with the relevant amendments. It is a very complicated document. I obtained my original backalong via the HMSO (as it was then) and British Library.

TGG For The (Real)Reason Why!



edited by: TGG, May 05, 2008 - 11:11 AM

STOP THE CORNISH GENOCIDE!- The existence of divergent views occur because the lies and deception have a more profoundly negative, and contrived, consequence for the Cornish people than for anyone else within the UK.
Top  Profile send PM Homepage
 
Goto page : 1 | 2 Next Page


Users online:
marhak - Allister - Cawsando - FreakoMbiko - Fulub-le-Breton

This list bases on the users active in the last 60 minutes
Cornwall24 2006 (c) web design & web hosting by a-connect
Sponsors: Cornwall hotels, Cornwall self-catering, Cornwall restaurant guide,Devon
Cornwall 24 news feed
Cornwall 24 News and Views