HC Deb 25 October 1956 vol 558 cc818-21
35. Mr. Younger

asked the Minister of Education whether, at the forthcoming conference of the United Nations Educational, Scientific and Cultural Organisation in New Delhi, he will urge that the judgments of the International Labour Organisation Tribunal in 1955, ordering the reinstatement of seven dismissed employees of the organisation, should be implemented by the Director-General.

Sir D. Eccles

The award of the International Labour Organisation Tribunal provided both in the case of the three members with permanent contracts and in the case of the four with fixed term contracts for the payment of monetary compensation as an alternative to reinstatement. Compensation has in fact been paid to the three members who had permanent contracts. The Executive Board of U.N.E.S.C.O. decided that an advisory opinion should be sought from the International Court of Justice on the competence of the International Labour Organisation Tribunal in relation to the other four employees. I have seen yesterday's press reports which indicate that the Hague Court have confirmed the Tribunal's competence in this matter. It will now be for the organisation to give effect to the opinion of the Court.

Mr. Younger

Is it not the fact that the original recommendations of the I.L.O. Tribunal was quite positive for reinstatement and that the alternative of compensation was mentioned only because the Tribunal noted, quite correctly, that it had no executive authority to enforce its recommendation? Would it not be reasonable, therefore, for the delegation going to the general conference to insist that the delegation should carry out this recommendation, which was for reinstatement, and put weight behind this recommendation which the Tribunal itself was not able to do?

Sir D. Eccles

The British representative voted against going to The Hague Tribunal, and it is now up to the Director-General to decide what course of action to take. I cannot say whether it will come up at the conference.

Mr. Younger

Is it really the case that a national delegation, representing a Government which supports this organisation, to U.N.E.S.C.O. has no authority in this matter? Surely the Minister can tell us that the British delegation will take some initiative in view of the importance of this to all international institutions.

Sir D. Eccles

No, we must see what is proposed by the Director-General.