TNAG-0338-FCO40-374-Report-of-visits-of-Overseas-Labour-Adviser--G-Foggon--from--1972 — Page 53

CONFIDENTIAL

Comparisons with Dependent Territorios

Emergency Situations

13. Industrial disputes logislation in British dependent territorios has traditionally sought to deal with those problems in one of two ways. Firstly, by defining "essential services" (ie those public utility and public health services essential to the life and health of the community) and prescribing that disputes between labour and management in those types of employment should be resolved by compulsory arbitration and that pending such settlements there should be a bar on strikes or lock-outs. Secondly, some territories have adopted provisions based on sections 4 and 5 of the United Kingdom Conspiracy and Protection of Property Act 1875, and the Trade Disputes Act 1926 (as in Hong Kong) which impose ponelties for breaches of employment contracts in certain key Occupations or industries. In this type of legislation there is not necessarily any provision for compulsory arbitration; the right of workers in ossential services to strike may bo doleyed but not prohibited; and the ponal provisions are not necessarily restricted to strikes rosulting from trade dis- putes but may apply to all breaches of contract in defined circumstancos end to collective withdrawals of labour without duc notice however caused. Section 4 of the UK's Conspiracies and Protection of Property Act which rolatod to malicious bronches of contracts in the gas, water and electricity industries, has now been repealed by the 1971 Industrial Rolations Act. Section 5 of the 1875 Act, which is framed to protect life and property generally, has been retained.7

14. In general torms, the second practico was supported increasingly by HMG after 1960 in the depondent territorios on the grounds that compulsory arbitration, whilst affording insufficient protection against stoppages of work, has a hermful eficct on industrial relations in that it seriously inhibits the development of voluntary methods, particularly if trade unions are immature and joint negotiating machinery is not firmly established. Reasonable wages, working conditions and greator job security should provide the main safoguard against stoppages of work. Where these occurred thero should pe statutory penalties for malicious bronch of contract on the lines of Sections 4 and 5 of the UK Conspiracy and Protection of Property Act combined with a legal obliga- tion on workers in specificd essential services (eg water, gas, electricity, health, hospital, sanitary and fire) to givo 14 days' notice of any collective withdrawal of labour.

15. Against the background of both the 1971 Industrial Rolations Act and the present position in dependent territorias, the following main points need to be kept in mind in considering whothor the former Act points the way to desirabla changes in those territorios:-

(i) Legislation in this sensitive field must conform

with the political, social and industrial situation of the community. There are no hard and fast rules of general applicability.

CONFIDENTIAL

/(ii)