CAB129-52 — Page 164

Page 164

186

In order to ensure that a close and effective watch is kept on African interests in the federal sphere we propose to set up a special instrument, the African Affairs Board. We could not accept the original recommendation of the officials' conference that the Chairman of the Board, appointed by the Governor-General with the approval of the Secretary of State, should have a seat in the Cabinet. This seemed to us constitutionally unsound. But we give the Board statutory right of direct access to the Prime Minister and the Executive Council; we introduce qualifications for membership which will make the Board independent of the Legislatures and the Executive of both the Federation and the Territories; and we empower it not only to make representations in the interests of Africans on any matter within the competence of the Federation but also to ensure that any legislation which it regards as differentiating, in terms or in its application, between Europeans and Africans to the disadvantage of the latter shall be referred to Her Majesty's Government. The vital importance of this provision is unquestionable. We believe that the present proposal is both constitutionally more satisfactory and will prove more effective in protecting the interests of Africans.

Moreover in the preparation of the draft scheme we have carried out our promise that certain rights of which the African is particularly jealous should be formally embodied in the Constitution. Land and land settlement questions are reserved to the territorial Governments; the Federal Government has no power to acquire land except for the necessary discharge of its proper functions, for example for the extension of a railway line, and always in accordance with existing Orders in Council and relevant legislation. The continuance of the protectorate status of the two northern territories and the continued responsibility of the Territorial Governments for local and territorial political advancement are emphasised. Lastly, very important provisions have been

included in regard to future constitutional changes. All amendments of the Constitution will require to be passed by a two-thirds majority of the membership of the Federal Assembly and will be reserved for Her Majesty's pleasure. More than that, if objection is raised to any proposed amendment either by the African Affairs Board or by a Territorial Legislature, then the amendment can only be made by Order in Council, and the draft Order will be laid before Parliament here for forty days before it is made.

The federal proposals published today take full and fair account of the interests of all the inhabitants of Southern Rhodesia, Northern Rhodesia and Nyasaland. They offer the framework of a new political organism which we believe will satisfy the needs of Central Africa and promote the welfare of the three territories and all their inhabitants. We earnestly hope that the Draft Federal Scheme will be very carefully studied, both here and in Central Africa, and that as a result of the discussions upon it the constit tion of a federation on the basis proposed will eventually be approved.

Page 164

-4-

Page 164

187

(THIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY'S GOVERNMENT)

-Page-165 of 200---

Page 165___.

CONFIDENTIAL

C.(52) 194

CABINET OFFICE RECORD COPY

14TH JUNE, 1952

CABINET

COPY NO. 70

OPENCAST COAL MINING: EAST LOTHIAN

Memorandum by the Secretary of State for Co-ordination of Transport, Fuel and Power and the Minister of

Fuel and Power

On 7th March the Home Affairs Committee agreed that prospecting for opencast coal should continue in East Lothian but that unless the Ministers con- cerned were in agreement actual working of opencast coal should not be begun without reference to the Committee. On 27th May the Cabinet, having been

informed that a conflict of coal and agricultural interests was likely to arise, agreed that opencast coal should not be worked in East Lothian without the authority of the Cabinet (C. C. (52) 56th Conclusions, Minute 4).

2.

Prospecting has now been completed of certain sites in East Lothian estimated to yield 632,000 tons of good coal worth between £1 and £2 millions over the next three years. We understand that the Secretary of State for Scotland is unable to agree to the working of this coal and a decision by the Cabinet is accordingly needed.

3.

The agricultural objection is to the requisitioning of 275 acres of high-quality agricultural land (of which 120 acres will be dug up) and to the loss of a total of £90,000 £100,000 worth of agricultural produce over the next seven years, which the Department of Agriculture for Scotland regard as the minimum period within which the site could be restored for moderate agricultural production. There would be a further loss, on which no figure can be set, if the land could not be restored to its present high level of fertility. The quality of the land in the coastal strip of East Lothian, in which the sites are located, is among the best, not only in Scotland, but also in the United Kingdom. Fertility, together with a high standard of farming and certain climatic advantages (the land near the coast is frost-free), has given this coastal strip a national, indeed an international, reputation and opencast operations here would certainly result in public outcry.

4.

The coal case is that until the pits produce a good deal more deep-mined coal than they are likely to produce in the next two or three years, a high level of opencast coal production will be needed. The coal in the East Lothian sites can be easily and quickly worked, and its loss could not be made good by more intensive work elsewhere. Prospecting has been carried on in other coal-bearing areas in Scotland, but no such find as in East Lothian has been made. Prospecting else- where is continuing but the prospect of other substantial finds is not good and in the meantime output must suffer if the coal in these sites is not to be worked.

5.

This in brief is the case on which a Cabinet decision is needed. We recognise the force of the objections of the Agriculture Ministers, and we no more relish than they do the idea of a public controversy on the matter, for one of the results of that might be to make it more difficult to get opencast sites in other parts of the country, and that in its turn might cause a loss of coal output.