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(THIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY'S GOVERNMENT)
SECRET
C.P.(55) 209
19th December, 1955
CABINET
COPY NO. 0
во
LEGISLATION ON RESTRICTIVE PRACTICES
Memorandum by the Lord Chancellor
In accordance with the conclusion of the Cabinet at their meeting on 14th December (C.M.(55) 46th Conclusions, Minute 5), the Committee of Ministers under my chairmanship, with the assistance of the Minister of Labour, have considered further how the justiciable issue (that is, the criteria by which restrictive practices should be judged by whatever tribunal is established) should be defined.
We are now all agreed that the definition should be on the lines of that contained in the Annex to this paper. We shall try to improve verbally on this definition (particularly in relation to the passages in square brackets in the Annex), but we recommend it in principle to the Cabinet as being sufficiently precise, while at the same time giving industry an opportunity of putting forward in defence of a restrictive practice any of the arguments which they could publicly advance to support it.
If the Cabinet accept this definition, in order that the preparation of legislation on restrictive practices can go forward, a final decision is also required on the form of tribunal which would have jurisdiction to examine restrictive practices, The definition in the - Annex would be satisfactory if the choice were to be an independent judicial tribunal, on the lines of that described in Annex III of C.F.(55) 196. This is the choice which the majority of the Committee favour, but to which the Chancellor of the Exchequer sees objection on the grounds that the Government ought not to relinquish the responsibility for taking decisions in restrictive practices cases.
House of Lords, S.W.1.
19th December, 1955,
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