HC Deb 29 May 1946 vol 423 cc1145-6
37. Mr. H. Hynd

asked the Secretary of State for the Colonies in how many British colonial territories the master and servant legislation is not in accordance with the provisions and recommendations of the I.L.O. Convention of 1939; in what respects the law differs from the standards laid down by that convention; and what plans have been made to bring the law into line with those standards.

The Secretary of State for the Colonies (Mr. George Hall)

As the answer is rather long and detailed, I will, with my hon. Friend's permission, circulate it in the OFFICIAL REPORT.

Following is the answer:

There were two relevant International Labour Conventions of 1939, the Contracts of Employment (Indigenous Workers) Convention which is a natural complement to the Recruiting of Indigenous Workers' Convention of 1936 and the Penal Sanctions (Indigenous Workers) Convention. I assume that my hon. Friend is referring to the latter, which deals with breaches of contract in the form of:

  1. (a) any refusal or failure of the worker to commence or to perform the work stipulated in the contract;
  2. (b)any neglect of duty or lack of diligence on the part of the worker;
  3. (c)the absence of the worker without permission or valid reason; and
  4. (d)desertion by the worker.

The Convention provides that all penal sanctions for such breaches of contract shall be abolished as soon as possible, and that all penal sanctions for any such breach by a non-adult person shall be abolished immediately.

Penal sanctions for adults only exist, in respect of one or more of the breaches of contract mentioned in the Convention, in the master and servants legislation or similar legislation in Kenya, Uganda, Tanganyika, Northern Rhodesia, Zanzibar, Seychelles, Fiji and the Western Pacific Islands, but much of this legislation has fallen into disuse.

It is the policy of His Majesty's Government to see that all penal sanctions are abolished at the earliest date practicable. In many of the above cases the necessary legislation has been delayed through wartime shortage of legal staff.