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Curinball 21/7

(5.0PM)).

was not considered aria Cabinet

Cabinet meeting as.

117

overtaken

by events,

N.B. This memorandum

it was

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HIS DOCUMENages244OPERTY OF HIS BRITANNIC MAJ44VERNMENT)

SECRET

COPY NO.

31

C. P. (49) 163

21ST JULY, 1949

CABINET

THE LONDON DOCK STRIKE:

EMERGENCY POWERS

Memorandum by the Attorney-General

I have been asked to state (or restate) the position of the National Dock Labour Board in relation to the Emergency Committee established under the Emergency Powers Act, 1920. I referred to the matter in C. P. (49) 148.

1 Under Regulation 1 of the Emergency Regulations the Emergency Committee is empowered to give such directions to the Port Authority "or other persons" for regulating, facilitating and expediting the traffic at the Port "as appear to the Committee to be necessary or expedient", These words are in my view wide enough to justify the Committee in giving the National Dock Labour Board either a general direction that, e. g. in the administration of the Dock Labour Scheme they should act only in consultation and with the consent of the Emergency Committee or an ad hoc direction in regard to some particular matter. They might, for instance, if they con- sidered it expedient (which I imagine they would hardly to), direct the National Dock Labour Board that it was to ise no public statement without the prior approval of the Comm.

Wee.

(2) I pointed out in C. P. (49) 148 that the legality of directions to the National Dock Labour Board, which is invested with statutory responsibilities, was possibly in some doubt, since the Emergency Powers Act, 1920, does not in terms provide that subsequent statutory enactments can be over- ridden, but I indicated that in my view the Emergency Con.mittee should disregard this doubt and should take such action as appeared necessary without too much regard for the niceties of the law, and if the Committee consider it expedient to issue directions to the Board I think myself that they are entitled to do so and should do so.

(3) But no such directions have, as I understand, in fact been issued and that being so the National Dock Labour Board is a completely independent statutory authority, the employer of all registered dock workers not allocated to particular employers, and under a statutory responsibility for the admini- stration of the Dock Labour Scheme. It is, inter alia, the responsibility of the Board "to ensure the full and proper utilisation of dock labour for the purpose of facilitating the rapid and economic turnround of vessels and the speedy tránsit of goods through the Port". It is also the responsibility of the Board to operate the disciplinary code contained in the Scheme, which entitles the Board to dismiss dock workers who are guilty of serious misconduct (e.g. in refusing to obey law- ful orders) or who fail to comply with the provisions of the Scheme.

(4)

In the discharge of these functions the Board is (in the absence of any direction under the Emergency Regulations) thithaghaddendest of the Government. The 7864thato@he Chairman

is a member of the Government is fortuitous. I commented on

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