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Page 352 THIS DOCUMENT IS THE PROPERTY OF HIS BRITANNIC MAJESTY'S GOVERNMENT)

SECRET

C. P. (49) 148

8TH JULY, 1949

CABINET

COPY NO.

31

THE LONDON DOCK STRIKE

Memorandum by the Attorney-General

At the Cabinet meeting on 7th July I raised a question whether, in the then existing circumstances, the proclamation of a state of emergency would produce any manifestly useful result, since the action then contemplated under the emergency powers was to order the Port employers, on behalf of His Majesty, to work all ships now idle, a course which, without compelling the dockers to resume work on the two disputed Canadian ships, would enable them to go back to work on all the other ships now idle, this being something which they are in any event anxious to do and would do, if permitted, without the need to declare any state of emergency.

2.

Since then the situation in connection with the stoppage has shown a possibility of deteriorating in a manner which may leave the Government little alternative to inviting His Majesty to proclaim a state of emergency, and I have been asked by the Emergencies Committee to explain the action which I suggest might subsequently be taken.

3.

There is no power under the ordinary law or under the Emergency Powers Act to introduce anything in the nature of industrial conscription by compelling men to work, although there is, of course, a power of direction under Regulation 58A of the Defence Regulations. But under the Dock Labour Scheme disciplinary machinery is provided by Articles 16 and 17 which enables the local Board (subject to appeal) to suspend a registered dock worker or to dismiss him summarily and remove his name from the register for misconduct. Moreover, under the ordinary law an action for damages would lie in the County Court against a dock worker who broke his contract of employ ment. Apparently the local Board and the employers respectively have neglected to use these powers because of the repercussions which they feared might follow from them. I express no opinion whether these fears were well founded, although the exercise of the powers could hardly have produced more calamitous conse- quences than those resulting from the decision by the Port employers on 27th June that they would not thereafter work any ships on which work had not been started at that date, a matter to which I refer later.

4.

It is, however, possible that, whatever might have been the repercussions had the local Board operated Articles 16 and 17 of the Scheme or the employers brought actions for damages on their own initiative, these repercussions would not occur if similar action were taken on the direction of the Government. I therefore suggest that if a state of emergency is proclaimed the initial action to be taken should be broadly as follows:-

(a) A Port Emergency Committee should be appointed forth- Page 352 of1366 with power to act on behalf Page 52 36ft y

(Article 1 of the draft Regulations). It is of importance that that Committee should consist of

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