CAB129-33 — Page 44

Printed for the Cabinet. March 1949

SECRET

C.P. (49) 46

1st March, 1949 --

CABINET -

Page 44

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Copy No. 31

COUNCIL OF EUROPE

MEMORANDUM BY THE SECRETARY OF STATE FOR FOREIGN AFFAIRS

I attach, for the information of my colleagues, the latest version of the Permanent Commission's proposals for the Council of Europe. It will be seen that our representative on the Permanent Commission was successful in securing all the amendments desired by the Cabinet at their meeting on 24th February (C.M. (49) 15th Conclusions, Minute 6), though it is still true that, as regards certain items, some of his colleagues had to refer back for final instructions. The chief points to be noted in this new draft are indicated in the following paragraphs-

2. Article 5 (Voting in the Committee of Ministers)

The Commission accepted our version of Article 5 (b) and the French did not press their proposal that voting in the Committee of Ministers on the placing of questions on the Agenda of the Consultative Council should be by a simple majority only.

On the other hand, the French and the Dutch pressed so strongly for some reference in the text to the possibility of extraordinary sessions of the Assembly that we had to agree to the inclusion of the words in square brackets in Article 5 (b) (ii). The inclusion of these words in brackets means that they have not been agreed by all the members of the Commission, and that the point they cover will therefore have to be thrashed out by the conference. The French point of view was that the document must contain some provision for extraordinary sessions which would otherwise be excluded and that this provision must come in Article 5 in order to ensure that it was the Committee of Ministers (by a two- thirds majority) and not the Assembly itself which had the power to convoke such sessions. There is something in this, unless we are going definitely to lay down that there should never in any circumstances be an extraordinary session.

3. Article 9 (Functions and Powers of the Assembly)

The provision that recommendations of the Assembly could not be binding on Governments was dropped by general agreement.

4. Article 10 (Questions which the Assembly may discuss)

We submitted a new draft to meet the objections of the Cabinet to the old one. This new draft, which is much simpler than the old, provides that all subjects on the Agenda of the Assembly must first be approved by the Committee of Ministers, thus avoiding the danger, foreseen by the Cabinet, that the Assembly might discuss political or economic questions under the guise of social or cultural problems. There is a specific prohibition only against-

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discussion of any matter relating to national defence; and recommendations in regard to a matter which is within the competence

of other European international organisations.

Otherwise the Assembly is free to discuss any question, always, of course, subject to the approval of the European Ministers; but the draft contains no indication of the son of question. The only subject specifically mentioned

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practical

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measures designed to promote closer unity among the member nations," which we thought it necessary to include in order to satisfy the French One great advantage of the new draft is that it omits all reference to overseas territories to which the Secretary of State for the Colonies saw objections.

The other delegations, though apparently seeing no strong objection to our re-draft, felt obliged to refer to their Governments.

5. Article 11 (Voting in the Assembly)

We also submitted a new and simpler draft of Article 11. This new draft does not mention voting for the placing of items on the Assembly's Agenda, and there is, therefore, no possible danger that the Assembly will, as some of my colleagues feared, discuss whether or not to put on its Agenda subjects it is told to discuss by the Council of Ministers:

?

The Belgians are still afraid that, if decisions of the Assembly can be taken by a two-thirds majority of those present and voting, there is a danger of unde- sirable decisions being taken by a small minority of the members while the others abstain. They wish, therefore, to omit the words " and voting" in Article 11 (b). These words have therefore been put in square brackets to indicate that they are not generally agreed.

6. Article 12 (Procedure of the Assembly)

We proposed the addition of a new sub-paragraph (d) to Article 12 to read as follows:-

"Debates on a proposal to recommend to the Committee of Ministers that a subject should be placed on the Assembly's Agenda shall not concern them- selves with the substance of the question proposed for debate.

This meets the point raised at the Cabinet that there was a danger that the Assembly might in fact discuss undesirable questions on a proposal that these questions should be put on its Agenda.

7. Place of Conference

The French are sticking out for Paris, but I am pressing the claims of London. As a compromise we may have to accept Brussels or The Hague, but I still. have some hopes that the French will agree after all. In any case, I propose definitely to resist Paris.

Foreign Office, S. W. 1,

1st March, 1949.