CAB129-45 — Page 580

Page 580 subsequently made a formal approach to the Government on this issue, and, in a letter dated 25th August, 1950, the then Minister of Labour defined the Govern- ment's attitude as follows:-

"It was certainly not the intention of the Government Delegation at Geneva to suggest that the existence of a high level of social services was a reason for not implementing the principle of equal pay. On the other hand, they felt it necessary to urge that the obligations embodied in the proposed international regulations should be so drawn as to permit Governments to take into account in the light of given financial and economic circumstances, the feasibility of implementing this principle, while, at the same time, pursuing existing policies as regards social services."

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4. I shall be suggesting (see paragraph 9 below) that the financial and economic difficulties attendant on the implementation of the principle of equal pay can best be dealt with by obtaining the necessary flexibility in regard to the timing under which the obligations contained in the regulations are to be brought into effect. I would propose to leave the matter there, and I suggest that the United Kingdom Delegation should not, on this occasion, seek to reopen the question of the relationship between equal pay and social policy. To do so would, I am convinced, be a grave mistake. It would not merely involve us in difficulties with the T.U.C. and the Women's Organisations, but would also undoubtedly prejudice our chances of obtaining other essential improvements in the text of the regulations. Content of the International Regulations

5. Main Objectives. Our main objectives under this head should, I suggest, be to secure:

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(i) a satisfactory definition of the term equal remuneration for men and

,women workers for work of equal value ";

(ii) that the regulations are not so framed as to prescribe obligations which would be contrary to Government policy and inconsistent with the established system of industrial relations in this country;

(iii) that the regulations afford to Governments the necessary discretion in regard to the timing under which the prescribed obligations are brought into effect.

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6. Definition of " Equal Remuneration."-At last year's Conference we were largely instrumental in securing the rejection of a definition on the basis of “job content." (See paragraph 5 and Annex III of C.P. (50) 117.) While the present texts contain provisions for the "objective appraisal " of jobs, this is an optional method of applying equal remuneration, which is defined as referring to rates of remuneration established without discrimination based on sex." If there should be a further attempt to embody the concept of " job content " into this definition, I propose that it should be strongly resisted. We should not accept any obligation to promote or ensure equal remuneration defined on the basis of "job content." 7. Obligations to " promote" or " ensure" equal remuneration.-Article 2 (1) of the text "A" set out in the Annex is in the following terms:

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Each member shall take all practicable measures by means appropriate to the methods in operation for determining rates of remuneration to promote, and, in so far as the nature of such methods allows, to ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.”

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This Article, which is embodied in the section of the regulations dealing with general principles," is of the first importance, as the succeeding section of the text dealing with "Methods of Application" must be read in conjunction with, and subject to, it. It will be observed that this Article draws a distinction between "promoting" and "ensuring equal remuneration. In both cases, the action taken is to be "by means appropriate to methods in operation for determining rates of remuneration"; equal remuneration is to be "ensured" only "in so far as the nature of such methods allow." It seems clear that these provisions would, at least, involve agreement by the Government to introduce equal pay in the Civil Service and to implement this principle in respect of Government employees generall§0 Tequesiton of preserving our freedom of mangeusinfthis matter is

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dealt withof 58aa9f579 below.) Moreover, where, as in the ft 58d 58 m alth Service, Government representatives are included in the employers side of the established joint negotiating machinery, these representatives would, in the course of wage negotiations, need to cast their influence in favour of equal pay. In general, I suggest that it must be our objective to ensure that the provisions of the Article so drafted as not to involve the Government in any action to “promote,” still less to ensure," equal remuneration which would not be in conformity with the methods actually employed for determining wages and salaries in the various ser- vices industries and professions.* The drafting of the Article is accordingly being examined with this end in view. If these safeguards are preserved, the positive action required of us under the regulations would (apart from the important exceptions to which I have referred above) be limited in character, in view of the nature of our industrial relations system. Some steps would, however, have to be taken over the general field, if only, for instance, through the medium of publicity. It would not be possible to take no action at all.

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8. I suggest, however, that, if we can ensure that the Article is so drafted as to embody the safeguards suggested in the preceding paragraphs, they could be regarded as a suitable basis for the obligations to be embodied in the regulations.

Timing of the Proposed Regulations

9. It is essential that any obligations of the nature described in paragraph 7 above should be such as, if accepted, would leave to Governments the necessary discretion in regard to the timing of their implementation. This is of crucial importance as regards the bearing of the regulations on the Civil Service, more particularly as any lead given by the Government in this matter would be bound to have immediate repercussions on other forms of public employment, upon the industrial wage structure and upon the professions generally. Moreover, if this flexibility can be secured, it would, in my view, be unnecessary to insist that the terms of the regulations should be explicitly related to the financial and economic circumstances of the countries concerned (a point which we failed to carry last year, and which we should, in my view, be most unlikely to secure on the present occasion). It will be observed that the preamble to Text B in the Annex embodies the phrase as rapidly as national conditions allow." The proposed Convention (Text A) contains no such provision (in spite of proposals put forward to the International Labour Office by the United Kingdom Government). I propose that, if the Con- ference decides on the adoption of the regulations in the form of a Convention supplemented by a Recommendation, the Delegation should do all they can to secure a safeguarding clause on the above lines, inserted in the text of the Convention.

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10. It will be necessary for the United Kingdom Delegation to put forward amendments to the proposed texts both in order to secure the objectives set out in this paper, and in order to secure improvements on certain points of detail. I do not feel that it is necessary for me to trouble my colleagues with these drafting matters, and I am arranging for them to be examined by officials.

The Form of the International Regulations

11. The adoption of a Convention or a Recommendation by the International Labour Conference does not, in itself, bind Governments to apply their provisions, but merely to bring them before Parliament within eighteen months of the close of the Conference. At that stage, the decision has to be taken whether to ratify a Convention or to accept a Recommendation. At the same time, the adoption of a Convention or Recommendation by the Conference, with or without the support of the United Kingdm Government, means, in practice, that the Government is from then on liable to pressure designed to secure ratification or acceptance. Assuming,

* Under the National Health Service Acts, for instance, the Minister of Health and the Secretary of State for Scotland have the power to lay down remuneration for persons employed by any of the authorities set up under the provisions of these Acts. This power has not so far been exercised, and it is undesirable that the Health Ministers should be involved in any obligation to exercise it for the purpose of ensuring equal pay. Similarly, it is not the normal practice to refuse confirmation of Wages Councils Orders except on purely technical grounds, and I under- stand that the Minister of Education would also regard it as important that he should not be put in a position that might render him liable to take any action calculated to hamper the Burnham Committees goodarrying as responsible bodies the functions required of tag&d Eduбadión

Act, 1944.

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therefore, that the terms of the proposed regulations coulé & g f J & as satis- factory, it would be necessary to determine whether we should support their adoption in the form of-

(a) A Convention supplemented by a Recommendation; or

(b) A Recommendation.

The question of form cannot, of course, be entirely divorced from content, since there are provisions which might be acceptable in a Recommendation but which we might have difficulty in accepting in the form of a Convention.

12. A Convention once in force is legally binding upon the States who ratify it. It cannot be ratified with reservations. It has to be drawn in precise terms which are capable of enforcement. A Recommendation, on the other hand, if accepted, is not legally binding, and it is possible to accept a Recommendation with reservations both as to substance and as to timing. My proposal is that the United Kingdom should continue to press for the adoption of regulations in the form of a Recommendation. I make this proposal for the following reasons:-

(a) that we are, in fact, unlikely to obtain a provision in the Convention pro- viding that its provisions shall be applied "as rapidly as national conditions allow ";

(b) that, even if we were successful in obtaining such a provision, we should be under constant pressure to ratify the Convention, and thus to accept its legally binding obligations;

(c) that the provisions discussed in paragraphs 7-8 above might, if embodied in a Convention, prove embarrassing to us since the necessity for applying a strict legal interpretation to them might be held in particular cases to involve us in positive action to promote or ensure equal pay of a type which would not be acceptable to us;

(d) that a Recommendation, on the other hand, would enable us to accept the obligations proposed subject to any necessary reservations both in regard to timing and as to substance.

13. The question of the form of the regulations will arise first in the Conference Committee. It can be raised again in Plenary Session when the Conference are considering the text (or texts) proposed by the Committee. At both these stages, the issue falls to be decided by a simple majority vote. Once the Conference in Plenary Session has decided on the text which it proposes to adopt, it is referred to a Drafting Committee, and finally comes back to the Conference for a final record vote in which a two-thirds' majority is needed before the regulations can be adopted.

14. I propose that, in the Conference Committee, the Delegation should press for a decision that the regulations as a whole should be cast in the form of a Recommendation. If defeated on that issue there, I propose that they should be prepared to move an amendment to this effect at the "first reading" in Plenary Session. The attitude which the Delegation should adopt on the final vote cannot, I think, be determined now. I shall, in any case, wish to consult my colleagues again during the closing stages of the Conference, and I propose that the line to be taken by the Delegation on the final vote should be determined at that stage in the light of all the relevant circumstances.

Summary of Conclusions

15. I propose that:

(1) the United Kingdom Delegation should not seek to reopen the question of the relationship between equal remuneration and social policy (paragraphs 3–4);

(2) in regard to the content of the regulations, the Delegation should seek to

secure:

(a) that it is prescribed that equal remuneration be defined as referring to "rates of remuneration established without discrimination based on sex" (paragraph 6);

(b) that the obligations prescribed in regard to ensuring or promoting equal remuneration should be so framed as to be acceptable in

Page 582 the light of Government policy and the methods employed for

determining rates of remuneration (paraphs 2708) 5 and

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