In the case of disagreement between the Executive Council and Ministers
as to action which appears to the Governor to affect both a reserved and
a transferred department, the Governor is to give such decision as the
interests of good government may seem to require, provided that, in so
far as circumstances admit, before such decision is given the matter
should be considered by both sections of the Government sitting
together. If the Minister remains obdurate, it will be for the Governor
to dismiss and find another Minister.
If, owing to a vacancy, there is no Minister in charge of a transferred
department, the Governor will certify that such emergency exists and
that immediate action is necessary. On such certificate being given, the
Governor in Council will have authority to take action, subject to the
obligation of reporting to the Governor-General in Council. In other
words there will be re-entry for a temporary and limited purpose during
an interregnum. This is a considerable departure from the proposal of
the Joint Report that Ministers shall hold office for the lifetime of
the Legislative Council. The power of the Governor to dismiss a
Minister, says the report, "seems essential if deadlocks are to be
avoided." The over-ruling of a minister will depend in the last resort
on the Governor's personal judgment of the situation.