Interim Report - Report No 81, 1965

Case No 251 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 28-JAN-61 - Closed

1. 67. The Committee, having already considered this case at its meetings in November 1961, May 1962, October 1962, May 1963 and February 1964, examined the matter further at its meeting in November 1964 when it submitted to the Governing Body the recommendations contained in paragraph 116 of the 78th Report, which was approved by the Governing Body at its 160th Session (November 1964). Paragraph 116 of the 78th Report of the Committee reads as follows:
2. 116. In view of the foregoing, the Committee recommends the Governing Body:
   • (a) to note with interest the information supplied by the Government regarding the submission to Parliament of a Bill amending the Industrial Conciliation Act, 1959, in the manner indicated in paragraph 446 (b) (i) of the Committee's 66th Report quoted in paragraph 111 above;
   • (b) to request the Government to be good enough to keep the Governing Body informed of developments as regards the points referred to in paragraph 446 (b) and (c) of the Committee's 66th Report;
   • (c) to take note of the present interim report, it being understood that the Committee will report once more when it is in possession of the additional information mentioned in subparagraph (b) above.

A. A. The complainants' allegations

1. 68. In the said paragraph 446 (b) and (c) of its 66th Report referred to above, the Committee had recommended the Governing Body:
   • (b) to decide, with regard to the allegations relating to registration of trade unions under the Industrial Conciliation Act, 1959:
   • (i) to take note of the statement of the Government of the United Kingdom to the effect that the Government of Southern Rhodesia has agreed that sections 37 and 48 of the Industrial Conciliation Act, 1959, be amended to make all appeals against the refusal or cancellation of registration of organisations by the registrar, without exception, lie to the Industrial Court;
   • (ii) to draw the attention of the Government of the United Kingdom once again, having regard to the observations of the I.L.O. Committee of Experts on the Application of Conventions and Recommendations referred to in paragraph 428 above, to the desirability of defining clearly in the legislation the precise conditions which trade unions must fulfil in order to be entitled to registration and of prescribing specific statutory criteria for the purpose of deciding whether such conditions are fulfilled or not;
   • (iii) to express the hope that it will be found possible to effect the legislative amendments referred to in subparagraph (i) above at an early date, and that, when this is done, account will also be taken of the considerations set forth in subparagraph (ii) above;
   • (iv) to request the Government of the United Kingdom to be good enough to keep the Governing Body informed as to further developments in this connection;
   • (c) to decide, with regard to the allegations relating to the organising rights of agricultural workers and domestic servants:
   • (i) to draw the attention of the Government to the fact that in undertaking to apply the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), without modification to Southern Rhodesia, it has assumed the obligation under Article 2 of that Convention to guarantee the right of all employed persons " to associate for all lawful purposes ";
   • (ii) to request the Government-having regard to the observation made in 1961 by the I.L.O. Committee of Experts on the Application of Conventions and Recommendations, as indicated in paragraph 438 above, and to the statement of a Government representative to the Conference Committee on the Application of Conventions and Recommendations in 1961 that the question of the inclusion of agricultural workers and domestic servants within the Industrial Conciliation Act, 1959, would be further considered in the light of the observations of the Committee of Experts-to indicate what measures it is proposed to take to give full effect to Article 2 of the said Convention in respect to these categories of workers.
2. 69. In a communication dated 29 January 1965 the Government of the United Kingdom states that it has been informed by the Government of Southern Rhodesia that the amending Bill to the Industrial Conciliation Act, 1959, " including clauses covering subparagraph (b) (i) of paragraph 446 of the Committee's 66th Report, has now been enacted ", and that there have been no further developments in respect of the matters referred to in subparagraphs (b) (ii) and (c) (ii) of paragraph 446 of the Committee's 66th Report.

The Committee's recommendations

1. 70. In these circumstances the Committee recommends the Governing Body:
   • (a) to note with interest the information furnished by the Government to the effect that a Bill amending the Industrial Conciliation Act, " including clauses covering paragraph 446 (b) (i) of the Committee's 66th Report ", has now been enacted;
   • (b) to request the Government to be good enough to forward a copy of the new enactment referred to in subparagraph (a) above;
   • (c) to request the Government to be good enough to keep the Governing Body informed of further developments as regards the points referred to in paragraph 446 (b) and (c) of the Committee's 66th Report;
   • (d) to take note of the present interim report, it being understood that the Committee will report further to the Governing Body when it has received the additional information referred to in subparagraphs (b) and (c) above.